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06/06/1995 - City Council Regular AGENDA ..i.?4',,Cewrioe/ EAGAN CITY COUNCIL - REGULAR MEETING ' BLACK HAWK MIDDLE SCHOOL*** JUNE 6, 1995 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) e• 1 IV. RECOGNITION OF NEW VOLUNTEER FIRE FIGHTERS V. DEPARTMENT HEAD BUSINESS (BLUE) i a A. RECEIVE AND Accept December 31, 1994 Comprehensive Annual Financial Report VI. CONSENT AGENDA (PINK) • f2. 3 A. PERSONNEL ITEMS r ;, B. PLUMBERS LICENSES C. RESOLUTION, Fish Lake Phase II Grant Agreement P to D. CHANGE ORDERS, Police Department Building Project and Municipal Center F. 14E. AMEND ORDINANCE, City Code 6.37 and 10.01, Regarding Licensing of Solid ! Waste Haulers, Construction/Demolition Debris 40 F. COMMUNITY DEVELOPMENT Block Grant Cooperation Agreement Amendment ( G. RESOLUTION to End Moratorium - Southeast Industrial Area ripH. FINAL SUBDIVISION, Lentschs Deerwood Pointe, north of Deerwood Drive and just east of Clippers Road FINAL SUBDIVISION, Best Brands 2nd Addition, east of Highway 13 and north .�� of Yankee Doodle Road d J. PROJECT 689, Receive Petition/Authorize Feasibility Report, Hayes Addition Storm Sewer K. PROJECT 676, Receive Final Assessment Roll, Schedule Public Hearing, f.3 Duckwood Estates Streetlights 440 L. CONTRACT 93-J, Acknowledge Completion/Authorize City Maintenance, Oak Cliff • Ponds 2nd Addition Utilities $7 M. APPROVE 7-1-95 to 7-1-96 General Insurance Renewal te , `j N. APPROVE Interagency Agreement, Wellhead Protection Ground Water Modeling 0. AUTHORIZE Staff/City Attorney' s Office to Draft New Solicitation Ordinance PS P. MASSAGE THERAPIST License, Mary McGuire Lynch, Lifetime Fitness (�', COMMERCIAL Refuse Hauler License, United Waste Transfer Inc. ,,� �$ R. AMEND CITY CODE Chapter 10 to Change the Dog License Period from One to Two f,. Years with Renewals in Even Numbered Years Y �0 ( S. CONTRACT 95-06, Approve Plans and Specifications, Authorize Advertis m nt for Bids, 1995 Sealcoat Program V, T. PROJECT 661R, Receive Public Works Committee Recommendation of Expens f• / Audit, Sibley Terminal Yankee Doodle Road U. APPROVE Appointment of City' s Fiscal Consultant VII. 7:00 - PUBLIC HEARINGS (SALMON) VT A. VACATION OF Public Drainage and Utility Easement, Villas of Violet Lane P. �B. PROJECT 665, Blackhawk Road Street Rehabilitation, Final Assessment Roll GA';C. RESOLUTION approving Tax Exempt Financing for YMCA of Greater Saint Paul VIII. OLD BUSINESS (ORCHID) IX. NEW BUSINESS (TAN) (,0 1)A. CONDITIONAL USE PERMIT, Wal-Mart, to allow outdoor storage of shopping cars 7-� on the east side of Town Centre Drive and north side of Duckwood Drive P• tiv B. CONDITIONAL USE PERMIT, Rentables, to allow outdoor storage of four rental d/ trucks at 4130 Blackhawk Road, just north of Tom Thumb ( )j C. PRELIMINARY SUBDIVISION, Hayes Addition, on the south side of Highview Avenue, west of Bridgeview Terrace and east of Highway 13 D. PRELIMINARY SUBDIVISION and CONDITIONAL USE PERMIT, Richard Coss tt , to ksY allow outdoor storag on the corner of Kennebec Drive and Seneca Road X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) XI. ADMINISTRATIVE AGENDA (GREEN) XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons bave equal access to its programs, servicea, 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. Ii a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. ***Not change in location. • • MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 2, 1995 SUBJECT: AGENDA INFORMATION FOR THE JUNE 6, 1995 CITY COUNCIL MEETING After approval is given to the June 6, 1995 City Council agenda and minutes for the May 15, 1995 regular City Council meeting and the May 15, 1995 Special City Council meeting, the following items are in order for consideration. ACTION TO BE CONSIDERED: To accept the following persons as regular active members of the Eagan Volunteer Fire Department: Mitch Brown, Bob Cruz, Dave Norby, Jennifer Wills, Joe LeBeau, Dave Hansen, Marty Liberman, Larry Splane, Gary Erickson, Kevin Sorensen, Jim Hengen, Todd Adamson, Troy Hoepner and Dan Smith. FACTS: The Executive Board of the Eagan Volunteer Fire Department has reviewed the training and performance of the apprentice firefighters listed above. During their 18 month probationary period, they have satisfactorily completed their course of study and have performed well in emergency situations. The Executive Board recommends to the Eagan City Council that these volunteer firefighters be accepted as regular active members of the Eagan Volunteer Fire Department. For the City Council's information, many of the listed volunteer firefighters will be present at the beginning of the City Council meeting and should be recognized. I Agenda Information Memo June 6, 1995 Eagan City Council Meeting ii:� :�.%�:r i�i•� 4i•�:GS ski'•, .r�i�•,4r•• A. FINANCE DEPARTMENT-- Item 1. Receive and Accept December 31, 1994, Comprehensive Annual Financial Report ACTION TO BE CONSIDERED: To accept the December 31, 1994 Comprehensive Annual Financial Report. FACTS: • The financial report has been completed and the audit by Deloitte and Touche has been performed. • No significant findings have been made during the audit. • The Director of Finance and representatives of Deloitte and Touche will be at the meeting to present the report and answer any questions. ATTACHMENTS: • The financial report and the communications from the auditors are enclosed without page number. C2 MINUTES OF A REGULAR.MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 15, 1995 A regular meeting of the Eagan City.Goupcll was held on Monday, May 15, 1995 at 6:30 p.m. at Black Hawk Middle School. Present werQ Ma fo.r n ictik#.;rcii ticilmembers Wachter,Awada,Masin and Hunter. Also present were City Administretoi1.7bm:Aiiiiii8 'tommunity Development Director Peggy Reichert, Director of Public Works Tom ptitbert, and City Attorney Jim Sheldon. O Masin moved, Awada seconded a motion to adopt the agenda. Aye: 5 Nay: 0 Councilmember Hunter noted oei:igage 5, paragraph 4, that he also disagreed with changing the assessment for Crate Prospects. He alsb:tequestesI:that on page 8, paragraph 2,that the sentences, He feels residential zoning is too long-term.:.k41•:f•9$Is;.many.;buslPess owners are willing to pursue a planned development." be replaced with, "He felt feltA0000:glitf# 0406tial will not solve incompatibility problems for many years. He also stated that he felt•i io§t''of't&''jii-operty owners did not want a planned development because of the time and effort involved." Wachter moved,Hunter seconded a motion to adopt the minutes as amended. Aye: 5 �Naayy: 0 Councilmember Wachter suggested that•#lie: ?irbji Works Director look into the possibility of using retread tires rather than new as he felt money oiiii ld be ved. In regard to Item A, Personnel Items, Couriiiiicrtenibir Wachter requested clarification on the reorganization of the Public Works Department and Director of'Public Works Colbert gave an explanation. In regard to Item F, Amend 1995 Fee Schedule. Buildina Permit and Plan Check Fees, Councilmember Wachter asked whether this is stricter than it was before and Chief Building Official Doug Reid gave an explanation, noting this Is about in the middle of what other communities are charging. In regard to Item 0,Chanae Building Prolect.Councilmember Wachter requested clarification on several issue; ?Noting hR:;i els several items are too high. In regard to Item Q, Project 681:::fi1. Nicole:J qad Street Reconstruction. Reauest to Modify Scope of Proiect.Councilmember Masin questiift:hr#Kl e;Coyrigil;ycants to handle this request. Councilmember Hunter proposed to deny this request acid:061iiid:li'sVpick d at the last meeting, or give him one more chance to agree to pay for all of the costs. Director of Public Works Colbert suggested he could have him sign a waiver of objection to assessment. In regard to Item R,Approve Contract with f giCota County Soil and Water Conservation District for Erosion Control Services,Councilmember,Waoht.$k i$: whether this additional amount is in the budget. Director of Public Works Colbert noted tbi5;05iildh'E'coitWii 4 of the General Fund. It would be assessed to the developer's escrow account or to*pubbc improve'1nt project. He reviewed the typical costs for a single family residential development. EAGAN CITY COUNCIL MINUTES;MAY 15,1995 • PAGE 2 In regard to Item T, Vacation:44i.Drainaae and Utility Easements. Cliff Lake Townhomes. Councilmember Masin noticed that the wetlands in that area are getting smaller. Director of Public Works Colbert indicated if there is any encroach) a 4.0o.#he;we4leq ls, the developer must replace them at a 2 to 1 ratio. He indicated he can do a field y4*.0*f e:oici*lcil wishes. • In regard to Item V,Resolution.Siif.Public Hearina.Tax Exemot Financina.YMCA of Greater Saint fj Councilmember Masin asked why lcagan is taking responsibility for the construction of something in Woodbury. Administrator Hedges explained that this is just a financing mechanism. The City of Eagan is just offering their tax exempt status for bond purposes. A. Prsonnel Items Item 1. It was recommended to approve..a hiring of Todd Burkart as the Civic Arena Manager. Item 2. It was recommended to approve tfhe hiring i t obert Hodgman as a temporary,seasonal,part-time Summer Recreation Program Assistant. Item 3. It was recommended to approve the hiring of Antar Washington as a seasonal, part-time Maintenance Worker for the Youth Development Program. Item 4. It was recommended to approve the hiring of Brian Blair as a temporary Engineering Intern. Item 5. It was recommended to approve the reoganigatioii;pf he Public Works Department, including the reclassification of Kelly Janes to Utility Operation/Malntet nce Supervisor,the reclassification of Paul Heuer to Systems Analyst,the creation of a Wate0reatme'nt Tecb/Supervisor position,the reclassification of Dale Ronning to Engineering Technician and•thre reclassification of Nancy Bailey to Office Supervisor/Central Services Maintenance. • • Item 6. It was recommended to approve the reoganiza1I Of the Planning Division of the Community Development Department,including the elimination of the City Planner position,the creation of an additional Senior Planner position and an Associate Planner position, and the reclassification of the current Project Planner positions to Planner positions. Item 7. It was recommended to accept the letter of resignation from John Wingard, Development/Design Engineer. B. Plumbers Ucenses. It was recomti ded toy rove the plumbers license for Dave's Professional Plumbing as presented. C. Final Aoorovai.Comprehensive Guiclifttti.i rzti l I t iR oning and Preliminary Subdivision.Mallard Park 4th Addition.it was recommended'fa'8ppfvv8•t(ft3Voai hensive Guide Plan Amendment from D-III Mixed Residential and RB Roadside Business to D-1 Single Family; and to approve the rezoning from R-4 and RB to R-1 for approximately 38 acres located south of Diffley Road between 1-35E and Johnny Cake Ridge Road;and to approve a preliminary subdivision for Mallard Park 4th Addition and variances to cul-de- sac lengths and two outlots on 13.08 acres, locatedelst of 1-35E, south of Diffley Road, on either side of Johnny Cake Ridge Road, subject to the foJEg tg:co,%ditvpns: 1. The developer shall complyiliiitTi standard con'ij;ons of plat approval Al, B1, B2, B3, B4, Cl, C2, C3, C4, D1, El, G1 and.H1 as adopted by irouncil action on February 2, 1993 EAGAN CITY COUNCIL MINUTES;MAY 15,1995 PAGE 3 2. The Preliminary Plat shall b*lyvised to ensure all lots meet the minimum lot width require- ments. 3. Street B shall be revised on:the n aiyJ gitiie maximum 500' long cul-de-sac. 4. A 450'variance to the lengtk the Street C cul-de-sac is approved. 5. The developer shall revise the planting plan to provide plantings along the common lot line on the north and increase the number of plantings along the freeway right-of-way. The plan will require review and,approval by staff prior to final subdivision approval. 6. The developer shall submit#gailed plans and specifications regarding the construction of the proposed retaining walls. 7. To protect Pond BP-23, ari.:iitpgradectl# uffer strip of natural vegetation shall be maintained • which extends 15 feet back:frogyitla:.ec#g •:**.k.wetland. • 8. The outlet for Pond BP-23 shall be designed to keep the difference in the normal and high water level to 3 feet or less. 9. On-site detention basins shall conform to city guidelines for size and design and a cash water quality dedication shall be required for any shortfall in on-site treatment required. 10. The developer shall provide a BP-23 to the existing storm sewer line in Woodgate Lane. The flow•:t aite00'.outlet:shall be as identified in the City's Storm Water Management Plan. • 11. The drainage from the western portif66::f:t?a site.shall be routed to Pond AP-28. 12. The developer shall provide an 8" stub to the north to serve the Astleford property (PID #10- 02800-010-28). 13. Lots with access to Woodgate Lane shall be provided individual 4"sanitary sewer service and 1" copper water service. 14.The developer shall abanci0i:iiiik''ei i tst viii}Ita`or septic systems located on this sit per Dakota County requiremel#ts:; • 15. The developer shall remova:the existib Street opening to Johnny Cake Ridge Road and a new 8618 curb and gutter 16. The street reconstruction project for Woodgate Lane shall be done as a public improvement project, and the appropriate project shall•be approved by City Council action prior to final plat approval for Mallard Park 4th Addition. 17. The developer shall dedicate;•e ' AAkipf way for Diffley Road along the north edge of Outlot B. i.i' 18. The developer shall dedicate.restricted access;Qt the final plat along Diffley Road across the north edges of Outlots A OM B. • • EAGAN CITY COUNCIL MINUTES;MAY 15,1995 PAGE 4 19. Corner lots along Woodgate We shall take private drive access from proposed Streets A and B. 20. The developer shall pay a or#11:#$7is:500Atjitift :. 21. The developer shall provide Category B trees as mitigation for loss of significant woodlands. 22. The developer shall install fencing at the critical root zone (a distance of one foot away from the tree trunk for every inch in diameter as measured 54" above grade) around all trees depicted on the Tree Preservation Plan to be saved. 23. The developer shall contact ttie City*Akan inspection can be performed of the preventive measures installed prior to: tiy site gr'•'•.Ing, trenching, filling, compaction, or change in soil chemistry taking place. D. Final Approval. Comprehensive G.vidg:Rjlan•:•Aiendl e{tt% Rezonina and Pretiminary Subdivision, Blackhawk Forest. It was recommended:tsi: i wv a ottipraf ensive Guide Plan Amendment from D-III and LB to D-1 Single Family; approve a rezoning from R-3 and NB to R-1 Single Family; and approve a preliminary subdivision consisting of 59 lots on 38 acres located north of Silver Bell Road,east of Highway 13, west of Blackhawk Road, and along either side of Robin Lane, with variances to R-1 setback requirements, subject to the following conditions: 1. Standard conditions of plat approval A1,63;. 2;;84, Cl, C2, C3, C4, D1, El, Fl, G1 and H1, as adopted by Council action on.Februar t:2;::1993. 2. A variance of ten feet to the'front.year setback for all lots. 3. Five foot lot width variance for Lots.'2•' is:S apcf:6, Block 1, Lot 18, Biock*2, and Lots 13 and 14, Block 3. • 4. A"variance to allow a 9% maximum street grade for Brown Bear Trail. 5. Variances to allow two cul-de-sac streets exceeding the maximum length of 500 feet. 6. All corner lots shall take acces$triigtt::the;ar ia-c street.• • 7. The developer shall provide cjbtailed ce't ''ning wall plans and specifications. 8. The proposed retaining wag.cannot be Jocated within any dedicated public right-of-way. 9. The developer shall install:fiiiiicing'iktg eirtoot zone (a distance of one foot away from the tree trunk for every inch in diameter as measured 54" above grade) around all trees depicted on the Tree Preservation Plan to be saved. 10. The developer shall contact the Cj#y;sp.pn inspection can be performed of the preventive measures installed prior to as :*:: '•;dial' ;trenching, filling, compaction, or change in soil chemistry taking place. • 11. The developer shall provide.176 Category A and.•B trees for tree preservation mitigation. • • EAGAN CITY COUNCIL MINUTES;MAY 15,1995 PAGE 5 • 12. The developer shall provide 00foot natural,ungraded buffer strip along the edge of Pond AP- 27, and a 15 foot ungraded,ilia:bral buffer from the edge of Wetland Basins 5 and 6. 13. The wetland,mitigation area 14404::0)4101:44kin 3 shall be dropped because it does not appear to meet Wetland the use of storm water detention basins as wetland replacement. If:IVWed, this mitigation area shall be located adjacent to other basins in the plat that do noi*eive direct storm water discharge. 14. Because they will be expanded to satisfy wetland replacement requirements, Wetland Basins, 2, 5 and 6 shall not receive any direct discharge from the storm sewer system. 15. The wetland replacement plqr;#ubmitted with the plat application Is incomplete. A correct and complete replacement plan itiOst be re • ved by staff no later than Wednesday January 25, 1995 in order to allow sufficiOlt time for public review of the application prior to a City Council decision regarding approvaligthe platiffi February 21, 1995. .•.•.• •• .. . 16. There are several areas adja4ritiglowsoo ,3,,5 and 10 where grading contours are shown up to the wetland boL j9heSè ate erèas where unintended wetland filling could occur in violation of the WCA. The developer shall address specifically how unintended filling of wetland areas due to erosion will be prevented in these locations. 17. The developer shall provide a 30 foot ungraded, natural buffer which shall be maintained from the edge of the NWL of Pond AP-27, and a15:144:ungraded, natural buffer from the edge of Wetland Basins 5 and 6. 18. The developer is prohibited.::SKiiiicharginOirnw stormwater into Pond AP-27. • •• 19. The developer shall route the diiairriii10:*13:pond AP-27 directly to the storm trunk in Robin • Lane instead of to the proposed stormwater 0:in Wetland Basin 3. , •••:•:::;:: 20. After development of the site is completed,The developer shall eliminate the pretreatment basin adjacent to the Wetland Basin 3 stormwater treatment pond. 21. The developer shall increase the wet pond volume of the stormwater treatment basin associated with Wetland Basin.:3113::excavAppm per water resources staff direction. 22. The developer shall route *iimoff 00'0j:beer Pond Circle and the northeastern segment of Brown Bear Trail to the proposed stormwater basin north.of Wetland Basin 5. 23. The developer shall eliminilt04:goklOgeoatment basin for stormwater runoff from the southerly segment of Brov&ittiAiMikii**iii4ted adjacent to Pond AP-38. 24. The developer shall prepare a conservation easement dedicated to the City over Lots 1-6, Block 2, (from 200 feet west of Blackhawk Road, back to Pond AP-27)for review and approval by the City Attorney and shall be recorded with the plat at the Dakota County Recorder's Office. E. Final Subdivision.Cedar Heights Addit146:;:iiViiiiittitOtAltlended to approve the final subdivision,located on the east side of Slater Road, south Oforland Road:**.abutting the west side of 1-35E. • ■ EAGAN CITY COUNCIL MINUTES;MAY 15.1995 • PAGE 6 F. Amend 1995 Fee Schedule. Buildina lgrmit and Plan Check Fees. It was recommended to approve the new building permit and plan review:tee:schedule consistent with the 1994 Uniform Building Code. G. Final Plat. Justin Deal Frank Addition ' was:riii. iCrfrrtti to approve the final plat located at 2050 Safari Heights Trail on Lot 20, Block 1, Saffirf'i=s#ates 2fiQ'kddition. H. Contract 95-03. Approve Plans/Autliiiitze Advertisement for Bids (T.H 3 and Red Pine Lane Streets Signals and Utilities. It was recommended to approve the plans and specifications for Contract 95-03 and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Friday, June 16, 1995. I. Contract 95-05.Approve Plans.Authorize Advertisement for Bids. Wescott Sauare and Blackhawk Hills Addition Street Rehabilitation. It was re*irnmend0..to approve the plans and specifications for Contract 95-05 and authorize the advertisement 00 bid opefifng to be held at 10:30 a.m.on Friday,June 16, 1995. J. Contract 94-18. Approve Final Pavnieiit. 1995 t alcoat Aaareaate Material. It was recommended to approve the first and final payment for Cp ract•grg,1•li iq.the.amount of$43,194.83 to Meridian Aggregates. K. Proiect 643. Receive Feasibility Report. Order'Public'Hearing. Oslund-Timberline Addition Street Rehabilitation. It was recommended to receive the feasibility report for Project 643 and schedule a public hearing to be held on June 20, 1995. L. Protect 688.Receive Petition.Order Feasibility Report.Ea9eedale Corporate Center Streets and Utilities. It was recommended to receive the petition and authprize:tfie;;preparation of a feasibility report for Project 688. M. Findings of Fact and Conclusions. 66tkl of Variance:#or Wensmann Properties. It was recommended to approve the findings of fact and conclusions: ril::the denial of the variance for the Wensmann property west of Galaxie Avenue and southeast of I-35 ''::::::::::::::::::::::.:.•., N. Findings of Fact and Conclusions. Denial of Prelimin'efii Planned Development and Preliminary Subdivision. Safari at Eagan. It was recommended to approve the Findings of Fact and Conclusions on the denial of the preliminary planned development and preliminary subdivision for the Safari at Eagan development located north of Cliff Lake Center and west of Thomas Lake Road. O. Chance Orders. Police Department Ej i t•.Pro ::it:iiyas recommended to approve the change orders in the amount of$4,100.44 as prAanted:iiii.iWicitniember Wachter voted against this item) P. Change Order.Civic Arena Dehumi, cation. It was recommended to approve the change order in the amount of$7,900. Q. Project 681. Consider Request to Kildfirii; itihhi;ot. North Nicols Road Street Reconstruction. Hunter moved, Masin seconded a motion to approve the request, contingent upon Mr. Spencer signing a waiver of objection to assessment. Aye: 5 Nay: 0 R. Approve Contract with Dakota County Soil annWater Conservation District for Erosion Control Services. It was recommended to approve the contract jda Ii r1ze the Mayor and,City Clerk to execute all related documents. • S. Parkins Requirements for Cedarberpindustries. It was'recommended to concur with staffs conclusion that the proposed 55 parking spaces r ;adequate and SufBctent for the Cedarberg Industries expansion., EAGAN CITY COUNCIL MINUTES; MAY 15,1995 PAGE7 • T. Vacation of Drainage and Utility Ease)hnts. Cliff Lake Townhomes. It was recommended to receive the petition to vacate drainage and utilitiiiejgsements within Cliff Lake Townhomes and schedule a public hearing to be held on June 20, 1995. U. Vacation of Public Right-of-way.T.H. 3 i9i'1%ILIY$ iSih 13 Industrial Park. It was recommended to receive a petition to vacate the T.H. t3:4ervice drive public right-of-way within the Eagan 13 Industrial Park and schedule a public hearing to bt::beld on June 20, 1995. V. Resolution. Set Public Hearing. Tax Exempt Financing. YMCA of Greater Saint Paul. It was recommended to approve a resolution setting a public hearing for June 6, 1995 to consider tax exempt financing the YMCA of Greater Saint Paul. Wachter moved, Hunter seconded a motioi to approve the consent agenda. Aye: 5 Nay: 0 •VACATION OF RIGHT-oF YI WP.gEI.WOAD:TOWNHOMES ADDITION After introductions by Mayor Egan and Administrator Hedges,Director of Public Works Colbert gave a staff on this item. Mayor Egan then opened the public‘hearing to anyone wishing to speak. There being no one wishing to speak, Mayor Egan turned the discussion back to the Council. Wachter moved, Awada seconded a motion to close the public hearing and approve the vacation of public easements/rights- of-way over a portion of Parcel 47A,MnDOT Right-of-Wax:Plat No. 19-72,subject to the condition that the final subdivision and plat for the Deerwood T4wnitoi'ies.:Addition is approved by Council action and recorded at Dakota County with adequate:te .iient:easements as required by City staff. Aye: 5 Nay: 0 At this time, Mayor Egan suspendeitthii:400AAtlear from a resident regarding an Item on the consent agenda. • John Mueller,1903 Silver Bell Roads Apt.216,expressed a concern about garbage and debris from ) Easy Street Apartments and the development in the area. It has become a health hazard. He has called several times, and nothing has been done about it. Lenore Fudally, 1903 Silver Bell Road, Apt. 304, indicated they have contacted Easy Street Apartments for 3-5 years about this and it is an everyday occurrence. It's not just garbage, but furniture:as wellthat.stays there for weeks. They indicated they would up a privacy fence, buf only if Shanbob:;i lert'diiO'OMiniums pays for half of it. It is not their property. The developer of the townhoW that alb aping in next door has also contacted the police about the same problem. Administrator Hedges explained-AN complaint process and suggested they contact the Community Development Department*initiate the;:process. Mayor Egan then returned to the regular agenda. • VARIANCE,VARIANCE, RICFalilittiSSETTE After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. Mayor Egan then opened the public hearing to anyone wishing to sp ak. Richard Cossette, owner of the ptp set ## ; eels this creates a hardship for him because they started this process last November, hey weren't't'i*#Until March that their plan didn't empty with the new ordinance. It will create a finaticiel hardship also`because they have tenants waiting to get into • EAGAN CITY COUNCIL MINUTES;MAY 15,1995 • PAGE 8 , the building. He urged Council approval:::;here being no one else wishing to speak, Mayor Egan turned discussion back to the Council. Councilmember Masin asked if tI to i*lnptlt fto<j#i tt a business community when the ordinance on building standards was developed. Cor ibnitji'I eveifitrieiif'Director Reichert indicated that input was obtained from other communities, as *Atlas from Opus and Northwestern Mutual, but the ordinance originated in Community Development. Qpgncilmember Masin noted that since Mr. Cossette wasn't made aware of this ordinance change, she feels the city owes an obligation to allow him to put up the second building. Councilmember Hunter noted if Mr. Remick initiated discussions with the city before the ordinance was enacted, the city would be givingOa applicant preferential treatment. Community Development Director Reichert noted.that when Mr. Rick applijiiii.ifor his conditional use permit, he was told there was a pending ordinance that could present;:e:.probleni.i i itn this case, he didn't know about the ordinance in November, but in early March, he was toad as soaI, as they became aware that he was going forward to subdivide the property. Councilmember.,.Flutiter...sjepressed A.concern that if the Council approves this variance, someone can come in and say Epley ti; l 00.01$git cd:With staff three years ago and expect to be granted a variance. Councilmember Awada'ciirictutiiid;''sfafi'rig the Council needs to treat everyone the same. Discussion followed concerning the'nature of discussions with Mr. Cossette,whether a variance is warranted in this case, and what criteria should be used for variances from this ordinance in the future. Councilmember Masin stated she would be willing to grant this variance because he has been in discussions with staff for quite some time. Councilmember Hunter suggested that If there has been active, tangible review of plans by staff before the ordinance..wwa$'$acted, it would be grounds for granting a variance. Masin moved, Hunter secondef a'hiotion to sapprove the variance. Community Development Director Reichert requested clarification as�to: i iat.level'of discussion constitutes"substantial"discussion. Councilmember Wachter Indicated it needs`to'be:seiii io..disC fission before a variance will be considered. Mayor Egan noted it needs to be something tangible arid stippvitable. Councilmember Hunter added that the burden of proof is on the applicant to produce documentation or something tangible. Aye: 5 Nay: 0 I 4 2/;'g� PEDESTRIAN CROSSWALK STUDY After introductions by Mayor Egett :kditiltn Wiiii #fieiiges,Director of Public Works Colbert gave a staff report on this He reviewed the prt cess used o develop this study,the results of the study,and the proposed policy. Councilmember Hunter'asked for Sri explanation of the manual on Uniform Traffic Control Devices and Director of Public Works Colbeert gave tt explanation, notingihat it provides a certain amount of discretionary immunity to commuriiftes::1Jwt;ai;lgpt:it:.as•;standards. Discussion followed concerning discretionary immunity and liability,the aii;rli:tQkatx:4iai item,whether the stop sign request should be delayed, and whether this study should be sent to the Advisory Parks, Recreation& Natural Resources Commission. Councilmember Awada expressed a concern about this study,stating she feels sometimes issues are overanalyzed when common sense couki::sl> ..used. She feels a lot of money was spent to analyze every crosswalk and put it in a.t ti fi'en tine clstuig policy works. She feels it is inappropriate. Director of Public Works Colbert noted.# :the majority oVti.study is the analysis of existing crosswalks. Part of the reason for that is to determine'how much to budget for crosswalk striping, pavement marking and signage. The actual policy is 18 pi's. CouncilmembekAwada stated she feels it is beyond what the • EAGAN CRY COUNCIL MINUTES;MAY 15,1995 PAGE 9 city needs to do and beyond what taxpayi te.should be funding. Councilmember Hunter noted a significant amount of this document is not only the crosswalks, but the code. This information has a lot of other uses. ,Councilmember Wachter added that that: c�tsr}q l:zaq�yestecl:this, Wachter moved,Masin seconde.st a motion to approve the draft pedestrian crosswalk study/policy. Councilmember Hunter questioned the motion process in the policy. Councilmember Awada suggested it would be easier to Just put crosswalk::et every major intersection Instead of having to review every request. Mayor Egan indicated that putting in numerous crosswalks would put the city at substantial Lability. Coundlmember Hunter noted that at some intersections,the crosswalk would make the intersection less safe. Awada stated she feels this,policy creates a lot of bureaucracy. Aye: 4 Nay: 1 (Awada opposed.) STOP SIGN REQUEST, W111 ERNESZ.RUN ROAD a WEDGEWOOD DRIVE After,introductions by Mayor EgacOnd Adrrilvstrator Hedges,Director of Public Works Colbert gave a staff report on this, noting that based:i n the crlteds, it was determined that installation of stop signs on Wilderness Run Road are not warranted :::: .#plIle9Vas;then made to provide some higher level of protection at that intersection because :.7Gl.'V :S,S;: :4LASS ► IC from the Wedgewood Addition residential neighborhood to Walnut Hill Park playground. Patti Schilling, 4442 Wedgewood Drive, stated that the problem is the site distance to the east of Wedgewood Drive and crossing into Walnut Hill Park from Wedgewood Drive across Wilderness Run Road. There Is restricted view because of vegetation to the east,.:.$t a reviewed the results or-the speed study and the safe stopping distance, noting it should be.based on how fast the cars are actually going rather than the posted speed limit. She also questioned:ttie::electrical costs of a pedestrian activated crosswalk. She indicated she feels this study shod li ::be:redOrie be*ause it is two years old and she feels there are more pedestrians crossing now. DireCtoi .of:.public Works Colbert indicated he doesn't know of any significant development in this area in the'pas#: tW veers: He indicated he can redo the speed study if the Council wishes. Councilmember Awada noted that this intersection doesn't meet warrants,but common sense says something needs to be done there. Councilmember Hunter noted that if criteria is set and isn't followed, there will be numerous other requests just like this. He doesn't agree with setting a precedent by allowing this. He noted he has received a couple of calls from people in the neighborhood who are opposed to this. Mayor Egan added that by inappropriatety,...locating signs, 'a greater safety hazard is created. Councilmember Wachter noted that the,ptill ji:vyiiis just:eddpted tonight, and the Council is already looking at making an exception. Councilmember:Miasiri sfetedihat the unique situation here is that it is near a park. , • Since the policy is going to the Advisory: drks,Recreation&Natural Resources Commission,perhaps they could address that issue. Counciimer0er Awade.$uggested this be continued rather than denied to give the APRNRC a chance to review the io)Icy Awada moved, Masin seconds& Wmiitt i:'fv:rdil8ijI a this for 60 days. Councilmember Wachter suggested that assessments be pursued as a possible funding source. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT, LONE OAK AREA ORDINANCE TERMINIA;WVIORATORIUM; REZONING After introductions by Mayor Egitiid Admiiittti.. tor Hedges, Community Development Director Reichert gave a staff report on this asst c:?Jill West, 600 [iii*Oak Road, asked about the existing septic systems. Community Development D.irActor Reichert indic fed that the Metropolitan Council asked them to carry out a monitoring and inspec dfl and pumping pram for the existing on-site systems. It is • EAGAN CITY,COUNCIL MINUTES;MAY 15,1995 PAGE 10 required metro-wide. They are working 0.* common program. Peggy Carlson, 1426 Highview Avenue, stated the market will determine when the change in zoning is warranted. Councilmember Hunter stated #i.; 1s fi bdam :opposed to this because he feels the Comprehensive Guide Plan is meant to.be;a long-term planning tool. He feels this is a holding zone and is inappropriate for the Comprehensive Giuj$e Plan. Councilmember Awada disagreed,stating she wishes there was more rural residential land in!Ebben. Councilmember Hunter noted that as soon as someone submits a valid application to rezone this, It will have to be considered. Wachter moved,Awada seconded a motion to approve the Comprehensive Guide Plan amendment • changing the land use designation for ttre..area bounded by Lone Oak Road, Trunk Highway 55, and the Inver Grove Heights city limits from D-114 fixed fixed Residential)to RR (Rural Residential) and NB (Neighbor- hood Business) and adding the Lone Cam:Small fiira Plan to the land use element. Aye: 4 Nay: 1 (Hunter opposed.) Wachter moved, Masin secondeAiffititii*;tp;sppcQYe:an ordinance to repeal the moratorium on developnent within the area. Aye: 5 NaYt :0:........ •......... ' Wachter moved,Masin seconded a motion to approve a rezoning of approximately 25 acres within the Lone Oak area between Lone Oak Road and Highway 55 immediately adjacent to Inver Grove Heights from R-4 (Multiple Family Residential) to A (Agricultural). Aye: 5 Nay: 0 STOP SIGN REQUEST, BEOtieltiAM Rc AD @ NORTH TIMBERWOLF TRAIL After introductions by Mayor Egan an Mmtr strator Hedges,Director of Public Works Colbert gave a staff report, noting this intersection does not meet tije sr nts. Wachter moved, Hunter seconded a motion to deny the stop sign request. Aye: 5 Nay: 0 COMMERCIAL LAND USE PLAN AMENDMENT -CENTRAL AREA PLAN After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report on this. Jim Brehl, representing the 0.**Iiinili',Iiitit4itail5preciates the amount of attention and input given by the city with respect to the O086'proposa' but he expressed a concern about what will happen to their property if the Opus propos$I;:.doesn't oa.through. He feels that putting these things in the Comprehensive Plan will create a hardsfaip•and.cie»te.burdens and restrictions on 120 of the 180 acres. He requested that it be reviewed furthigi::.i iffi .th r: l #idetails and features in the amendments be removed and made more generalized "Courii:ilmeiiiBi :f uhter stated he feels there is a great deal of flexibility in the plan as it is; however, he doesn't see anything substantive in the changes proposed by Mr. Brehl that would be a problem. This can still be reviewed and fine tuned before going to the Met Council. Community Development Director Reichert expressed some concern about the proposed changes. Some discussion followed concerning the Opus prgpq a1: .its effects on the O'Neil property. Todd Noteboom,of Dougherty,Ftisi ible&Butter,fe itesenting Unisys,indicated that Unisys is very concerned about the northwest quadrant:I l 'it is addressed if t e Central Area Plan. There are many acres of excess land there, and the only interest that has been expressed on that land Is for residential usage. The City Council has denied Unisys th opportunity to sell this:land for residential development. He feels • EAGAN CiTY COUNCIL MINUTES;MAY 15,1995 PAGE 11 • that is the only economically viable use off property and feels further study is warranted on this property. The studies and reports'that were considited for this property have no consideration for commercial office space. There has been a lot of study on ntyyp tit!;{,etaji:asaQg, but the restrictions to be imposed on the northwest quadrant have not been studies ilif. idetied 'Th was a study done in the late 1980's of the usage of this property for commercial office.pu'rposes,biit hie feels that study is outdated and shouldn't be used. The studies done on commercial 01011 space show that there Is sufficient or excessive commercial land In Eagan for more than the next 30:yeers. He feels this proposed plan is too restrictive for economic reality and It warrants further study. He suggested that either the northwest quadrant be removed from the Central Area Plan so its usage can be further studied; or that the plan be amended so that the same flexibility afforded to the other three quadrants also be afforded to the northwest quadrant. • Councilmember Hunter asked ?mat specific language in the plan he objects to:- Community Development Director Reichert explainer ;)low the;alsys parcel fits into the Central Area Plan, noting it doesn't make any changes in the Unisys:property?;;: t is guided and zoned Research and Development. The plan does state that each of the ott f.iquadrar ts:reeds to be further evaluated. Mr. Noteboom noted that what they object to is that there is no.allawence.for the consideration of putting some residential usage on this property. Councilmember Hunt$;ttotei#:;ii :plgn:doesn't disallow residential use Mayor Egan added that he has on at least two occa§iol s;'met4Iffi pttiposed developers of the Unisys property for residential development. There is nothing in this plan_that precludes future consideration of residential development. Tony Gleekel, representing Argus Development and Scenic Enterprises,indicated his client has a purchase agreement for this parcel, and is interested in developing this parcel as residential. He is aware that there was a residential proposal for this parcel, but doe :'l:.believe that proposal was ever processed. He Is concerned that if this property is guided for majgi of Ige:.In the Comprehensive Plan, future councils will be reluctant to,consider residential cdevelap tit ::•:The Comprehensive Guide Plan will be used to evaluate future proposals. He doesn't fee#:the Unisys property was studied enough. They would like to either have a study done,or take major bf ce;out of the plan. Considerable discussion followed the wording in the Central Area Plan, past proposals for ff :Urti$ys.;property, and what is appropriate for this property. • Carl Olson, of Ryan Contracting Inc., represent 't he;idlsonBurger property,which is adjacent to the O'Neil proposed development,submitted a letter expressing their concerns about the plan,to be entered • into the record. Councilmember Hunter indicated that the Council can-leave a lot of the details out of the Comprehensive Plan and leave it for discussion and verbal interpretation, but this Council doesn't likes to be as objective as possible so staff can,,otaaf cii�fticuMe What their intentions are when proposals come in He supports this proposal. Councils ember'AW d ;:addett'that staff and the task force did a great job on this and feels It is something the corlvii trinity neit?f :and wants. Mayor Egan concurred. Councilmember Wachter noted that the Council has been concerned'about this property for years and a lot of time has been spent on this. The Council will considei;:everythingtith a great deal of voracity and intensity in the future. He supports this plan. Awada moved, Masin seconded a motion to approve an amendment to the Commercial Land Use Plan of the Comprehensive Guide Plan including a description,goals,land use plan and policies for guiding development within the Central Area, subject to Metropolitan Council review and approval. Aye: 5 Nay: 0 TRANSPORTATION PLAN;; Nr)MEt :5;gANKEE DOODLE CORRIDOR Mayor Egan and.Councilmen , rHunter gave iriii#iuctions on this. Councilmember Wachter expressed a concern about the northbOtAld turn lane of YanlReft Doodle Road onto 35E. He asked whether this portion can be sped up. Director ktPykljc,Warks.•pplp ft indicated they recognize that as being one • EAGAN CITY COUNCIL MINUTES;MAY 15,1995 PAGE 12 of the critical transportation improvementS::tor this area. They have been meeting with MnDOT, Federal Highway Administration and Metropolitan:bancil,and adoption of the transportation plan is one of the steps that needs to be pursued. He noted that.0.000;.thjsAjmst;a.�nceptplan. It doesn't convey any specific design parameters. Community Development aio1ikitti*84 d that by approving this, the Council is not committing to build any piece of this at at l particiiiar' ttie:,'`WIays out what the overall system needs to be and individual projects will be brought::'tarward as development warrants. The financing will need to be worked out at that time. Councilmember Masin asked whether any of the affected residents were notified. Community Development Director Reichert noted that notices were sent,and there were residents that raised questions at public information meetings and the hearings. A lot of their,concerns dealt with individual projects and they were assured that when1the projec35::bame up,.,there would be public hearings held. Wachter moved,Hunter secondeii a motioif tb approve an amendment to the City's Transportation Plan which focuses on the Central Area bt Eaganr:::Aye: 5 Nay: 0 At 9:45 p.m.,the Council recessed:€he thaatii r tein:flunutes. At 9:55 p.m.,the Council meeting reconvened. PRELIMINARY SUBDIVISION AND MULTI-FAMILY SITE PLAN -SENECA HILLS ADDITION After introductions by Mayor Egan and Administrator.Hedges, Community Development Director Reichert gave a staff report on this. Jim Waters,. .#;?¢:A. ivestment Group urged Council approval. Councilmember Masin asked whether the tree:.p ese.of;yatfoii Issues have been worked out Community Development Director Reichert indicated::tti it;will t e'respived between the preliminary and final plat. Awada moved, Wachter seconded:i:i ijion;:tQ.approve a preliminary subdivision for Seneca Hills Addition in the southwest quarter of Section 17;''siriijOig::the following conditions: 1. Standard conditions of plat approval Al, B1, B2,83, B4, Cl, C2, C3, C4, D1, E1, Fl, G1 and H1 as adopted by Council action on February 2, 1993. 2. The exterior building materials shall be maintenance free and include a minimum of 20% brick. ' 3. Setback issues will be addres :subsegwg14;;staff approval of a Tree Preservation Plan. 4. The Landscape Plan'Shall fiikavised d more plant material,a plant material schedule,and a typical planting plan around,each building. 5. The revised Landscape Pl A411.:bo f 0.V#0..end approved by staff prior to City Council action on the Final Subdiv15it5if:'''' 6. The Developer shall revise the Grading Plan to provide a five foot berm along the Highway 13 right-of-way. 7. The Developer shall abandon.;1:41.apcfs aptic systems on site according to Dakota County -- and City standards. 8. Detailed plans and specs shQwIng the retaining Will construction shall be revised and approved by City staff, prior to any Sfta;grading. EAGAN CITY COUNCIL MINUTES;MAY 15,1995 • PAGE 13 9. A fence or railing between 4 }fn height shall be built at the top of the retaining wall system. 10. The developer' shall construct;4A0'•:•pf.8":.sanitspy.:sewer to the north of this site along the MnDOT Highway 13 right-of iay l irlda itary sewer service to this site • 11. Appropriate public right-of-viAi.width shall be determined prior to City Council action of the • Final Subdivision. 12. If the Centex development to the north does not proceed in conjunction with this project,the developer shall obtain the additional 2,500 square feet of additional right-of-way for the public street connection with Highvyay.13, prior to final subdivision approval. 13. The developer is responsible:ifor the; st of any required improvements of the Highway 13/Seneca Road intersections;:: 14. Highway 13/Seneca Road inbersee'tictsl: ssues:•sltall:be resolved prior to City Council action on the final subdivision. • 15. The developer shall dedicate restricted access along Highway 13(except at the access point). 16. Site Plan approval,as proposed in relation to Lots 4-8,Block 1,is contingent upon City Council approvaL/authorization of vacation of the easemspt:,for the existing 15"storm sewer line. 17. A revised tree and woodland preeeNe onp'atf.must be reviewed and approved by City staff prior to City Council action oii:40::preliminary subdivision. 18. The developer shall provide tree:priirtacticra measures (i.e. 4 foot polyethylene laminate safety netting)to be installed at the Drip Liiie'oifi Oio:ierimeter of the Critical Root Zone,whichever is greater, of the significant trees/woodlands'tis;:ki;tpreserved. 19. The developer shall contact the City Forestry Division at least five days prior to any site grading to ensure compliance with the approved Tree Preservation Plan. 20. This development is subject to a;cash park, trail, and water quality dedication. 21. The developer shall be reaj iaipsrbIG tor.:: itepatin and recording, with the plat, appropriate documents establishing a Hol:jieowner ;:t4'ssociation. The documents must be submitted and approved by the City Attorne s office:prior to final plat approval. Transfers of common areas to the Homeowners'Assocl;ii$bn shalt;l:e.recorded with the plat. 22. The developer shall plat thi3'stibti"ivfslori: Aye: 5 Nay: 0 Hunter moved,Awada seconded a motlpn.#o,. pprove the multi-family site plan. Aye: 5 Nay: 0 PRELIMINARY PLANNED DEVELO ENt ANtilift..41MINARY SUBDIVISION -INDY LUBE After introductions by Mayor Egan and Administrator'Hedges, Community Development Director Reichert gave a staff report. Bob YOijkiiirn, of Met-Con Cirsitstruction, urged Council approval. Masin J , EAGAN CITY COUNCIL MINUTES;MAY 15,1995 • PAGE 14 -.....••• moved, Hunter seconded a motion to apie a Preliminary Planned Development for Indy Lube Addition for a motor vehicle repair facility in the nciftftest quarter of Section 16,subject to the following conditions: 1. A 2,100 square foot Indy LutiAiiito*eiritiri::**tikipproved for the future Lot 1,Block 1,Indy ..... • Lube Addition. 2. The site development shall ii,iihifted so that a minimum 20'wide landscape d green space is provided along the east edge of the site. No part of said greenspace shall be comprised of any Dakota County right-of-way or easement. 3. Building signage shall be alloyfed on the north and east building elevation. 4. The site is allowed one pyloti* n aloncjigie western freeway frontage and one monument sign on the Pilot Knob Road frorit4e. • 5. The Landscape Plan shall brkr.e.*40::t5?::IPP.949TAWa planting bed around the monument sign similar to that provided arcniiiifthiAiii110:**Ont sign to the south. 6. The Landscape Plan shall be revised to incorporate similar plant materials along the berm on the east side of the site to continue the theme previously established by Phillips. Aye: 5 Nay: 0 Wachter moved, Hunter seconded a motion**iiiiiie the preliminary subdivision for Indy Lube Addition, subject to the following ,•••• 1. Standard conditions of plat appi:#0.1A1.,.6; B2, B3, Cl, C2, C4, El, Fl, G1 and H1, as adopted by Council action on FebruaiP 2> 993 • 2. Site plan approval as proposed,in relation to thelidilding setback from the south property line, is contingent upon City Council approval/authorization of a vacation of a portion of the 10-foot drainage and utility easement that is located along the south property line of this site prior to final plat approval. 3. The development will be subjeoftOie:.water:.qqeRt.cash dedication. 4. The storm water runoff froijiictiiis siteAW drain to the existing storm sewer system in Pilot Knob Road or to the existing ditch syiTifn in the MnDOT I-35E light-of-way. 5. The developer shall dediOtOmmOtg..09hhof-way/easement for Pilot Knob Road, as determined by Dakota 6. The developer shall provide a copy of the recorded private Ingress/egress easement. Aye: 5 Nay: 0 • PRELIMINARY PLANNED pOtiOtilitAit:AND PRELIMINARY SUBDIVISION OLD COUNTRY BUFFEVEOAN WOOW:OFICE PARK 2ND ADDITION After introductions by Mayor En AdministratpOledges, Community DevelOpment Director Reichert gave a staff report. • EAGAN CITY COUNCIL MINUTES;MAY 15,1995 PAGE 15 • Tom Lincoln,of BRW, Inc., archikipral consultant for the application, expressed a concern about the storm drain. 'They would like to creatb::an outfall for a pond on the northwest corner of the site and extend storm sewer from that pond across lost;$0ur Golf Club due to the fact that there is some history of erosion in that area The current city' rl a::4:af gee pent plan does not identify that extension; however, it would benefit other eiii propertieslint k..etiitva f: titilic storm water. The pond was designed for a greater developing intensity than 0:i:purrently being proposed. Therefore, they are proposing to construct the storm sewer extension,desEgi .and construct a control structure,and make some water quality ponding improvements. What they are able to design in that area in terms of storm water quality is somewhat short of what is regyired by ordinance. That related to a cash dedication of approximately $53,000. They have made arrangements to obtain a storm easement across Lost Spur Gott Club,and they feel it would be efficient,effective and timely for them to do the public improvement. They would like some participation from the City of Eagan on pnnstruction costs of the storm sewer improvements across Lost Spur Golf Club because it will improve th6tirater qualtt r of downstream receiving waters by reducing surface erosion which benefits the City of Eagat.by contaig public storm water. These improvements would owned and maintained by the City of Eap**. He vvotdd like the Council to authorize staff to work with Old Country Buffet on an equitable resolution if this isirie, subsequent to approval of the preliminary plat and • preliminary planned development. Director of Public Works Colbert stated he feels it would appropriate for the Council to direct a storm sewer drainage area analysis to determine how much of the storm sewer is required to facilitate the ultimate development, so a determination can be made as to how much cost participation should be made by the city's trunk sewer fund. That would entail some cost to the city's consultant, and there should be an understanding that the cost for the study would be the.;responsibility of this development. Some discussion followed. Hunter moved, Wachter secondeda:'siaiktiari to approve the Preliminary Planned Development for Eagan Woods Office Park 2nd Addition fof'a 52,248 square foot office building,a 9,623 square foot training center,a 9,250 square foot restaurant, a 323100:;quara foot 90-room hotel,and a 65,800 square foot office building in the northeast-quarter of,Section 4,•subject o tiie.•following conditions: 1. Phase 1: Lot 1: 14.81 acres for a three story,52,248 square foot office building A two story 9,632 square foot training facility Rough grading for Lots 2 and 3 Landscaping for Lot 1, and landscaping and screening for Eagan Woods Drive Improvements to the existing water quality and detention pond 2. Phase 2: Lot 3: 1.64 acres fora 9,250.:: gti is iii.ot restaurant and 1140 parking spaces. 3. Phase 3: Lot 2: 1.77 acre 'fidr a 30,0O6 square foot 90 room hotel, and 110 parking spaces. 4.- Phase 4: Lot 4: 8,684 acrOO for a64;8o0 square.foot, 3 story office building, and 302 parking spaces. 5. The final plat,final site plan,final building elevation,final signage plan, final lighting plan,final landscape plan and pedestrian plan will be required for final approval of each phase. 6. The applicant will certify that all builcgr}gs: onstructed within the subdivision will be acoustically, treated to achieve an interior.so to :1e' t O50.dba at the time of occupancy. 7. The developer shall provid6itevised landsciOiplan for the development of Lot 3 which will - provide additional landscaping and screening inc)iiding but not limited to a three foot high berm in the 20 foot setback ared 3o help screen the.toposed parking lots. EAGAN CITY COUNCIL MINUTES;MAY 15,1995 PAGE 16 8. Continued maintenance of ajl.:bituminous parking and drive-aisle areas shall be properly maintained. Aye: 5 Nay: 0 Hunter moved, Masin seconded a�criotiori to'apPfove'the preliminary subdivision of Eagan Woods Office Park 2nd Addition, subject to the tift.ming conditions: 1. Standard conditions of plat approval Al, B1, B2, B3, B4, Cl, C2, C4, D1, El, Fl, G1 and H1 as adopted by Council on February 3, 1993. 2. This development shall be responsible for a cash parks and cash trails dedication. 3. The developer will be requirei#'l o obtaiti;:a slope easement prior to the issuance of the grading permit to allow the grading tv:occur oit Outlot A of Eagan Woods Office Park 1st Addition. 4. To prevent future erosion of,the,.favitie,'the storm water runoff from Lots 3 and 4 shall be directed in a northwesterly dteigirsiii:*oroas:141 't�:a d be conveyed by a storm sewer line all the way to the normal water level'iSfl o'iiti'•HP'-7::"'' 5. As shown on the preliminary storm drainage plan, the developer shall provide a storm sewer outlet for Pond HP-7 that will head in a westerly direction across the Lost Spur Country Club property and drain to the existing Highway 13 culvert,with cost participation to be determined and approved by the Council. 6. A manhole will be required on::eactii 8ti Lary Sewer service line to allow the City to inspect and monitor the sanitary sewer 7. The developer will be required to iiitii a tl :existing driveway opening that is located 50 feet south of the Pilot Knob Road/Corporate-Dr 3rEye intersection. 8. The driveway openings to the proposed sites shall be a minimum of 30 feet wide at the connections to the public streets. 9. Site plan approval as proposed is contingent upon City approvaVauthorization of the vacation of right-of-way Lot 2. 10. The final plat shall dedicate;;rbetricted•aaieiss along Pilot Knob Road except for the one street opening of Eagan Woods Drive. 11. The developer will be respi i te:::fot*cost. +o;relocate the traffic signal poles if the final design requires them to 12. The developer shall expand Pond HP-7 to reduce the flow out of the pond to a maximum rate of 21.9 c.f.s. 13. The development will be subj 0::: ef.,quality dedication, adjusted for any wet pond volume that would be providgikl, The''pFbpos detention basin. 14. An additional tree preservatidti''plan shall be prisjired for tree removal occurring outside of the • 'proposed development site.3;s. Lost Spur proper. • • EAGAN CITY COUNCIL MINUTES;MAY 15,1995 • PAGE 17 15. Tree.protective measures iii*:required (i.e. 4"polyethylene laminate safety netting) to be installed at the Drip Line or at•the perimeter of the Critical Root Zone,whichever is greater, of the significant trees/woodlands: b: : sigtved. 16. The developer will be required•:to contact the City Forestry Division at least five days prior to the issuance'of a grading pe i it to ensure compliance with the approved Tree Preservation Plan. " 17. An individual lot Tree Preservation Plan will'be required for Lot 4 of this development at time of grading/building permit application. 18. The subdivision shall be pld. Aye: 5 Nay: 0 Mayor Egan welcomed the Old country Buffet to the community. • PRELIMINARY•SUBDIvSt'S3iI:: AGANCA .£•CORPORATE CENTER After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report: Some discussion followed concerning proposals for this property. Hunter moved, Masin seconded a motion to approve the preliminary subdivision for Eagandale Corporate ;Center Addition, in the south half of Section 11, subject to the following conditions: 1. " Standard conditions of plat approval A1.,;t ;4;i 3, B4, Cl, C2, C3, C4, D1, El, Fl, G1 and H1 as adopted by Council action:oti:Ofiivajy 2, 1993. 2. An ISP shall be obtained by,.the::applicant, With review and input by the City, prior to City Council action on the final sufdivisiir 3. A variance to allow a 50' minimum depth for.1iiiiii6aped yards located across the street from an "R",, "A", or"P" District shall be approved by the City Council. 4. Individual lot development plans shall be subject to an administrative site plan review and approval. - 5. Detailed plans and specificat&its;iliflhe piped retaining wall construction shall be submitted prior to City Council action,on the Fiit l;:birtidivision. 6. The proposed-vacation/extesssion of Win Drive issue Shall be resolved prior to City Council action on the Final Subdivfgin.. 7. The signalization of the Ne IArriistrong%Gii1f' aiiv'-Yankee Doodle Road intersection shall be resolved prior to City Council action on the final subdivision. • 8. The wetland replacement plan for the development shall be approved, subject to the following conditions: a. Trees #756, 758, 761 x;''70 in the•bee:Inventory for the site shall be preserved by reorienting Ponds C2A•iiid C2B to the noitji;end east. • EAGAN CITY COUNCIL MINUTES;MAY 15,1995 • PAGE 18 b. The proposed .8 acre wetid mitigation area due east of DNR Protected Water#135 shall be relocated to avoid imp'a'cts to oak trees. c. The City will reserve the riglitifi #1iiiiti ilt fand replacement plan based on changes In the Wetland Conservatias:act made by the 1995 legislature (which will be known in May 1995). Modification can t blade only to the extent necessary to accommodate elimination of tree-related impacts associated with up to .8 acres of replacement wetland. d. No grading shall be allowed within 30 feet of the delineated wetland edge of Wetland Basins A and E, except for up to a total of 450 lineal feet along the south end of Wetland Basin A (for road construction)ant#.eorth end of Wetland Basin E(for detention basin construction). The 30 foot wide area Ate mewed to support natural vegetation and shall be left unmowed. This area sha)k:be cleartyarked on both the grading plan and in the field prior to any grading activity. e. At least .5 acres of replai#fettk: t100:001:00 established as forested wetland through the planting of tree and'shriibi pectes iiapie#ibfe with seasonally saturated soils. The number and types of trees planted shall be based on those shown on the tree inventory which will be removed by filling of Wetland Basin G. f. The pond level bounce for Pond DP-11 (Wetland Basin A)should be 3 feet or less for a 10- year storm event and 2 feet or less fora 2-ye?f•:storm event. • g. The developer shall submit.•for:red iieiiit:kithhe water resources coordinator detailed plans regarding the grading for*ffitiiiiiplace#iint and ponding areas,including areas of hydric, soil placement and a vegetati994,lanting Sian. The plan must be approved by staff before any grading plan application'fot:t i site Is..submitted to the City. • 9. The developer shall provide tree protection m8ssi s (i.e.4 foot polyethylene laminate safety netting)to be installed at the Drip Line or at the perimeter of the Critical Root Zone,whichever is greater, of the significant trees/woodlands to be preserved. 10. The developer shall contact the City Forestry Division at least five days prior to any site grading to ensure compliance with the appFgved Tree Preservation Plan. 11. This subdivision is subject 'cash R slt iid'flail dedication. 12. Issues regarding additional".admen"•.;tfee preservation and possible cash parkland dedication 'c• ti i he two DNR waterbodies and other potential public credit for a public connect>tc#h;betv�ie�.:.,•,.,•,..•,. "save" areas shall be resoU. :jl t4 V' •: iiittni it action on the final subdivision. 13. The developer shall plat the property. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION -;IEA# LECENTER INDUSTRIAL PARK NO 12 After introductions by Mayor EtAix'and AdministriiiikiHedges, Community Development Director` Reichert gave a staff report. Wachtar.•;moved, Awada segepded a motion to approve the Preliminary • EAGAN CITY COUNCIL MINUTES;MAY 15,1995 • PAGE 19 Subdivision for Eagandale Center Industial:Park No. 12, in the northeast quarter of Section 3, subject to the following conditions: ' 1. Standard conditions of plat app**6#:BL, 2, $. CI, C2, C4, D1, El, Fl and H1, adopted by Council on February 3, 19 3';• • • • - 2. The future development of tfifs plat subdivision will be required to construct 3 foot berming along the north property line to screen Interstate 494. 3. The future development of this site will be required to submit a detailed grading,drainage, and erosion control plan to the City prior to issuance of grading or building permit. 4. The future development of LO will nees#to construct a six-inch or eight-inch line across Trapp Road with hydrants on this Sate to impYiliie the fire protection to this site 5. The new driveway connectiori6:toTcepp:R9 v►iiltnaed to be constructed with concrete aprons. 6. The sanitary sewer layout will need to include a•manhole on the sewer service at the property line to provide the City with an inspection monitoring structure. 7. The final plat shall dedicate a ten-foot drainage and utility easement around the outside edges of this development. 8. The final plat shall dedicate drainage::arid tltiilif i'easement for the future storm sewer line that will extend across the nortiv4iti;:ot:Lot'2 tQ:;serve Lot 1. 9. The future development will•be::rsqulrad.•to construct their parking lot with a bituminous or concrete surface and concrete curb curti•iiiii*ittOtArpund the outside edge of,the lot. 10. This plat shall be subject to a cash parks and cash trail dedication. 11. The property shall be platted. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION.:*:EAGA$PA •EtENTER INDUSTRIAL PARK NO 11 After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. Hunter':;:li:inved, **la seconded a motion to approve the preliminary subdivision for Eagandale Center Indug4kfjpgclikiii:14;:ip::tiA southwest quarter of Section 2, subject to the following conditions: ..... 1. Standard conditions of plat approval Al, B1, B3, B4, Cl, C2, C4,,D1, El, Fl, GI and H1, as adopted by Council on February 3, 1993 2. A revised Tree Preservation/T►.ep i?i i0* i.an be submitted indicating the species,size and location of all replacement trei9ir:;:i 3. Tree protective measures ifire.required (i.e. 4 a&polyethylene laminate safety netting)to be installed at the Drip Une of::atthe perimeter of th:Critical Root Zone,whichever is greater, of the significant trees/woodI itds to be.praSe1Yed'•'::::: • • EAGAN CITY COUNCIL MINUTES;MAY 15,1995 PAGE 20 4. The developer shall contact Forestry Division at least five days prior,to the issuance of a grading permit to ensure compliance with the approved Tree Preservation Plan. 5. A Tree Preservation PlaMnvipittoty:ds:1 ba submitted for the significant woodlands in the southeast corner of the property. Mitigation needs to be calculated. • 6. Storm water runoff from the theitii6 acre development shall be directed to proposed Pond EP-9. 7. The development will be responsible for abandoning any wells or septic systems according to county and city requirements. 8. The developer will be requii to construct a manhole over the proposed sewer service lines to provide the city with an inspection did monitoring manhole. • 9. The driveway opening shallitie a miniriti to of 30 feet wide and shall include a concrete apron at the connection to the relocalel:;Lnne..Qak.Cir9le; 10. This development shall be subject•to•irdifi'pai'ks.'dedication and cash trails dedication. 11. Construction of Pond EP-9 shall satisfy water quality mitigation requirements for this development. • 12. A revised landscape plan shall be submitted epd:approved by staff prior to final plat approval. 13. The cross parking easement$:stab be:isubijrjitted to staff for review and approval by the City attorney prior to final plat avii<ai:' • 14. Continued proper maintenance•of thei:parkm lot and all bituminous areas-shall be provided. • 15. All trash/recycling shall be located within the tiii1Idii g or attached to the building made from the same building material as the principal building with an opaque gate(s). 16. The property shall be platted. Aye: 5 Nay: 0 •' 3'.•2• Councilmember Masin indicated.he will be.late for the next Dakota County League of Governments meeting and asked whether anyone 635 is goiEig : Administrator Hedges noted that his intern will be attending. He also reminded councilni6ibees#; iti.:A;M M::•banquet on May 31. 4m4.,+Eg/ i•';:E/: Community Development Director Reichert clarified action taken by the Council on the Southeast Eagan issue. Direction was given to notify the owner of Magnum Towing to come Into compliance with the conditional use permit. Discussion followed;f:pitcertii the conditional use permits required for this area Administrator Hedges noted th tiQi.rector of Pu iii'Yorks Colbert was named one of the top ten Public Works Directors in the nation."144 reminded Coiltioilmembers of the Public Works Committee meeting at 4:30 p.m. on Tuesday; thtlpecial work sessiddn::at 8:00 p.m. on Tuesday; and the Caponi Subcommittee at 7:30 a.m. on Wednfayr,,, ; • EAGAN CITY COUNCIL MINUTES;MAY 15, 1995 PAGE 21 Councilmember Wachter suggesM:lhere be a phone One that residents can call to express their concerns and opinions to Councilmember He also asked about the status of the joint powers agreement with Inver Grove Heights. City Attorney.fteiclaq:#01qati4hstoceived a draft from Inver Grove Heights and is in the process of reviewing it Ciiiiih,00iftigi*A0tii:suggested that the patio area that was eliminated from the Municipal Center expansion be Oa back in. Some discussion followed concerning future labor negotiations. •:•:•:•:. Upon a question by Mayor Egan, some discussion followed concerning upcoming projects this summer, and the shortage of experienced staff in the Community Development and Engineering departments. Councilmember Masin requeste0iformatiqq.on the status of H.F. 1227 regarding gun clubs. .......• • • ••:•:::: Wachter moved, Egan secondect.a.m0aAVARprW9..Pp check register dated May 12, 1995 in the amount of$1,438,358.13. Aye: 5 Nay 0. . •1?, The meeting adjourned at 10:52 p.m. ....•.• ••••• 1 DLP • •:•••: . .•• Date City Clerk • :•:::::::::::::•:•:•:::•:•... • • If you need these minutes in an alternative form such as large print, braille, audio tape, etc.,please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454- 8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment witboKOArd to:itW:Oolor, creed, religion, national origin, sex, disability, age, marital status or status 0:.ibitiatd.Opiiiiiiietiiiistance. d. •j• ..... • MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota • ::::::::::May 15, 1995 A special meeting of the Eagan City Cot 3t>0:W s:i on The5�lay, May 15, 1995 at 5:15 p.m.at Black Hawk Middle School,following an Executive Session,.;Present were*Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City i9i binistrator Tom Hedges, Director of Public Works Tom Colbert, Director of Parks and Recreation Ken Vraa, Coii%munity Development Director Peggy Reichert, Senior Planner Kristi Mamin, Police Chief Pat Geagan and City Attorney Jim Sheldon SPECIAL INDUSTRIAL ZONING CATEGORY (SOUTHEAST EAGAN LAND USE STUDY) Community Development Director Rqk ert gavp.:a staff report on this, outlining four options as to how to handle this property,with several variations. ;Gibe optiorti aniould be to leave the zoning 1-1 and make sure everyone has a conditional use permit that needs one.::;:# iscussip; :following on the printing business and the small engine repair business,which are not industrial uses.:touncilm6riciber Awada stated she feels the city should allow anything less intense than industrial in an industrial zone::;Focnrmnity.D yelopment Director Reichert noted that some of these general business uses are not compatible with:teef li til:.i t;:pi'i p@it ;;:?iirhile some industrial uses are. Councilmember Hunter asked whether the city can impose conditions on the conditional use permits when they are approved. City Attorney Sheldon explained the difference between a permitted use and conditional use, and noted that the zoning ordinance doesn't list specific conditions. He noted that the Council can Impose reasonable conditions on a conditional use permit. Councilmemb$r Hunter asked whether the city can impose conditions on one 1-1 parcel within the city and not others...lrity;A#tiiltney Sheldon indicated they can if the city can clearly articulate that it affects the health, safety and:watt tt 03he'city. Counciimember Hunter asked whether the city can force review and amendment of an existin ;sti1dfrig conditional use permit. City Attorney Sheldon indicated the city can always review the status of a ccin iitional use pej pit, but the use is permitted once the conditions are met. It then becomes a permitted use. Coundift4",bs :.Wachter asked whether the conditional use permit stays with the property or with the owner,and City Attorney'Stielil#iiti: egponded that it goes with the property. Community Development Director Reichert added that the city can revbke:ite conditional use permit if the conditions aren't complied with. Senior Planner Marnin noted that everyone in this e'rea will need to get a new conditional use permit. She reviewed the various businesses in that area and reasons for needing a conditional use permit. Community Development Director Reichert noted the city could permit all I-1 permitted uses, and could adopt a policy that all conditional uses have to meet more conditions, either city-wide or specific to this property. Councilmember Hunter stated that the major prat et); een .ta:ba•:butdoor storage. He would consider approving conditional use permits if there is a lot of scre id.ig fo *p2i1 S i djacent to the residential property and the school. He thinks option 2 is too broad; he feels optidti 1 is a.fer choice. Councilmember Awada proposed biitke. ng a la} wall around this area. It would be a permanent solution, assuming it is not cost prohibitive. Councllrniber:,F.#is140 ddad.tlkzt there should be landscaping also. Community Development Director Reichert noted that M i'::Qberg-a:p1atmi :t:<have larger equipment on his property,and staff will have to determine If it can be screened. Counciimember Hunter asked what the appropriate action would be if someone is not in compliance with the conditional use permit and doesn't live up to its terms within 30-60 days. City Attorney Sheldon indicated an order for compliance should be given, and tliert:s:: t(P:;hearing will be held before the City Council or an administrative law Judge. A determination is thou ttii eitidif awed. Community Development Director Reichert noted that these are difficult to enforcei:.:lecause the riatii , of these businesses is outside equipment. Counciimember Masin proposed a fence held it be imposed, wltiiithe condition that equipment cannot show over the fence. Counciimember Wachter noted ifiR fence would have be 8 feet high. EAGAN SPECIAL CiTY COUNCIL MINUTES; MAY 2, 1995 PAGE 2 Councilmember Awada asked what.can be done with the Magnum Towing property since It is not in compliance. Community Development Directoi;:.Reichert noted that the conditional use permit can be revoked because he hasn't been in compliance for a longtime. Councilmember Awada suggested the property be kept 1-1 and figure out a way to allow the lower Inten§ity.M&.in this.l rea,. Community Development Director Reiciieif a§Kad MiW#lie'i✓ouncll wants to handle the contracting yard,and Councllmember Hunter suggested that some:c ,ltdoor storage be allowed with screening no higher than 8 feet. Discussion followed concerning which sides ciflt*property should be screened. Councilmember Awada suggested properties adjacent to Red Pine Lane and Biscayne Avenue be screened. Councilmember Hunter suggested it be all properties that don't have another industrial use next to them be screened. Councilmember Awada suggested the Magnum Towing conditional use permit be revoked; that everyone come in for a conditional use permit, and ttvi:ones that can't come into compliance be revoked. Community Development Director Reichert stated she fei;J$;:everyolllii.:needs to screen all outdoor storage, noting that is what is required in other 1-1 zones. Senior PlannerMirnin assts::suggested screening between the industrial property and the school. Community Development Director Rel heir: sI E3: : ving of existing parking and storage areas, and Councilmember Hunter stated he feels It Awada noted they should have a reasonable compliance schedule and Councilmember.Wachter suggested five years. Community Development Director Reichert asked about the list of conditional uses and Councilmember Awada indicated she has no problem with the list or anything allowed in a General Business zone. The Council consensus was to do an amendment to the land use plan to make this area industrial. Councilmember Awada suggested the moratorium be dropped and let these busines*ki09 they need a conditional use permit before any building permits can be issued. Discussion PROJECT 680, CLIFF ROAD UPGAADE,.FROM CH S MAR DRIVE TO LEXINGTON AVENUE Director of Public Works Colbert explained'th 1 Dak tai:County would like to delay the first phase of this project and do both phases in 1996. He indicated he has'.e::0t?h ern with phase 2. He doesn't feel the traffic volumes warrant spending the money on phase 2. Councilmember Hunter asked when he anticipates the traffic counts will warrant the second phase being done and Director of Public Works Colbert stated he doesn't think they ever will. He feels the first phase is warranted, but questions whether the Cliff Road upgrade should be scheduled in 1998 when the central area improvements are also scheduled. Councilmember Wachter stated he feels phase 1 should be done and phase 2 should be decided on later. Councilmember Awada asked about the trail and Director of Public Works Colbert responded that he thinks:tt :county,.Wohki:be willing to do a trail if they knew it would be there for a number of years before it would t* pr i::up::for ttegt: provements. The Council consensus was to do phase 1 only. 4TH::FIREWORKS Administrator Hedges noted that themdlLttc li•6*:y 414 pelebration In Eagan this year and indicated that several Councilmembers asked about still having the firewtitKs'drsplay. Police Chief Geagan Indicated it is mainly a liability issue. He noted that the fireworks operator doesn't have Insurance, but was covered other years under an umbrella policy for the Lions Club. He reviewed the costs of having a fireworks display and the liability to the city. Councilmember Awada stated she doesn'f,fe:el:gagen should have a July 4th celebration. She feels Eagan should have its own celebration. Counciimembet:tc!ls3tt0540d,noting that they have had 10,000 people coming to the fireworks. Councilmember Hunter:: tifed out'tliirli here is also an economic benefit to the city. Councilmember Awada clarified that she is riti3:apposed to haviii0 celebration; however, she doesn't feel it should be on July 4th. Mayor Egan stated he would like to see anouier event, but still thinks there could be a nice celebration on the 4th of July. EAGAN SPECIAL CITY COUNCIL MINUTES; MAY 2, 1995 PAGE 3 Councilmember Wachter stated he feels there should be a July 4th fireworks display. Mayor Egan concurred. Administrator Hedges Indicated;th*t the issue Is liability and reviewed the types of fireworks and associated costs. He noted that if the Council decides to have the fireworks, a budget needs to be determined; a site needs to be found and the fireworks need.toa#*:order!:490:POlic relations for the event needs to be planned. He noted that time is of the essence because tie fkeiki; i :0:. a ordered in the next ten days. Police Chief Geagan noted that planning for the crowds is ariotfier iss'iies'fCiafrieeds to be worked out. Councilmember Masin suggested Slc : lill Park as the location and Mayor Egan concurred. Parks and Recreation Director Vraa noted that there is a lot of parking available at that location and the topography is good for viewing the fireworks. There is a concern,however,about people crossing Highway 13. Councilmember Wachter stated he favors more aerial fireworks than ground fireworks. Councilmember Hunter suggested that the Uons Club, Rotary Club, and the Convention and Visitors Bureau be contacted as funding sources for this event. The meeting then recessed to hold tf a regular Council meeting, and reconvened at 11:10 p.m., following the Council meeting. Community Development Director Rei.Ghert•.gave.an update on the Central Area Plan and received direction from the Council on several issues. Councilmember Awada gave an update on the status of the Caponi Art Park discussions. Several suggestions were made relative to changes in the letter to Tony Capons. The meeting adjourned at 11:30 p.m. • Date City Clerk • • • • Agenda Information Memo June 6, 1995 Eagan City Council Meeting There are twenty-one (21) items on the agenda referred to as consent items requiting one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS: Item 1. Resignation/Sergeant-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Ken Conyers. FACTS: The City has received a letter of resignation from Sergeant Ken Conyers. It would be in order for the Council to accept this letter of resignation at this time. Item 2. Patrol Officer-- ACTION TO BE CONSIDERED: To approve the hiring of John Serier as a patrol officer in the Eagan Police Department effective June 19, 1995. FACTS: Due to the resignation of Sergeant Conyers, a sergeant's position will need to be filled by a person presently occupying the position of patrol officer or detective. Therefore, a vacancy will exist in the patrol officer ranks. It is the recommendation of Chief of Police Creagan that Community Service Officer John Serier be appointed as a patrol officer. 3 Agenda Information Memo June 6, 1995 Eagan City Council Meeting Item 3. Park Operations Supervisor-- ACTION TO BE CONSIDERED: To approve the hiring of Paul Graham as Park Operations Supervisor. FACTS: After interviews, it is the recommendation of Director of Parks & Recreation Vraa, Superintendent of Parks Olson,Recreation Superintendent Peterson,Recreation Supervisor Oyangi and Assistant to the City Administrator Duffy that Paul Graham be hired as the Park Operations Supervisor. Item 4. Recreation Leaders-- ACTION TO BE CONSIDERED: To approve the hiring of the following persons as seasonal recreation leaders for the 1995 summer season: Rachel Collingham, Alesia Dandurand, Jasen Groff, Shannon Haugh, Troy Johnson,Katie Jorgenson,Heather Kjos,Kim Larson,Mark Wahlstrom,Robin Stubblefield,Julie VandeWalker, Stephanie Zeitz, and Lonnie Perry. FACTS: After interviews it is the recommendation of Recreation Supervisor Nowariak that the above persons be hired as seasonal recreation leaders for the 1995 summer season. Item 5. Seasonal Recreation Assistants-- ACTION TO BE CONSIDERED: To approve the hiring of the following persons as seasonal recreation assistants for the 1995 summer season: Deborah Gretsfeld, Michelle Huss,Alison Johnson,Brian Larson,Keri Muench, Tracey Muench, John Wahlstrom, Patricia Valusek, Lisa Heine, Joseph Wills, Bonnie Keeler, Kelly-Jo Tetfer, Jillian Wagner, Lindsey Dickinson, Kate Jensen, Andrew Beecher, Alicia Orlando, Brandie Molde, Amy Smiler, Jessica Lentsch, and Meghan Doherty. FACTS: After interviews it is the recommendation of Recreation Supervisor Nowariak that the above persons be hired as seasonal recreation assistants for the 1995 summer season. • Agenda Information Memo June 6, 1995 Eagan City Council Meeting Item 6. Seasonal Pre-School Instructor-- ACTION TO BE CONSIDERED: To approve the hiring of Judy Forde as a seasonal pre-school instructor for the 1995 summer season. FACTS: It is the recommendation of Recreation Supervisor Nowariak that July Forde be hired as a seasonal pre-school instructor for the 1995 summer season. Item 7. Seasonal Street Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Daniel Elling, Jason Lane, and Ryan Trullinger as seasonal street maintenance workers. FACTS: After interviews, it is the recommendation of Supervisor of Streets Struve that the above persons be hired as seasonal street maintenance workers. Item 8. Seasonal Park Attendants-- ACTION TO BE CONSIDERED: To approve the hiring of Phillip Hassett and Hallie Hoffman as seasonal park attendants. FACTS: After interviews, it is the recommendation of Superintendent of Recreation Peterson and Parks Secretary Mesko that the above persons be hired as seasonal park attendants. Agenda Information Memo June 6, 1995 Eagan City Council Meeting Item 9. Seasonal Park Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Kevin Doehling, Lynn Hanson, Jill Isebrand, Paul Kivi, and Erik Sloboden as seasonal park maintenance workers. FACTS: After interviews, it is the recommendation of Park Maintenance Supervisor McGuffee that the above persons be hired as seasonal park maintenance workers. Item 10. Seasonal Tennis Instructors-- ACTION TO BE CONSIDERED: To approve the hiring of Melinda Cohee as seasonal tennis director and of Molly Hansen and John Hayden as seasonal tennis instructors. FACTS: After interviews, it is the recommendation of Superintendent of Recreation Peterson that the above persons be hired as seasonal tennis director/instructors for the 1995 lesson program. Item 11. Parks & Recreation Undergraduate Intern-- ACTION TO BE CONSIDERED: This item is informative; no action is required. The Council was informed that the Department of Parks & Recreation is posting a summer internship for Amy Sievers. FACTS: Amy Sievers is a University of Minnesota undergraduate. As part of her schooling, she must serve an internship. Her internship with the City of Eagan will begin on June 8 and her primary focus will be recreation. Ms. Sievers will not be an employee of the City of Eagan. Agenda Information Memo June 6, 1995 Eagan City Council Meeting B. PLUMBERS LICENSES ACTION TO BE CONSIDERED: To approve the plumbers' licenses for A. C. Doyle Plumbing, Larson Plumbing Inc., Wm. F. Ridler Plumbing & Heating, Scherer Plumbing and M & W Water & Sewer Inc. FACTS: These applications are in order for consideration by the Council at this time. C. RESOLUTION/FISH LAKE PHASE II GRANT AGREEMENT ACTION TO BE CONSIDERED: To approve a resolution authorizing execution of the Fish Lake Phase II Grant Agreement and designating a project representative. FACTS: The City is entering the second of three phases of a grant agreement to upgrade the water quality of Fish Lake. This project is coordinated by our Water Quality Division. ATTACHMENTS: Resolution on page AI. 7 RESOLUTION OF THE CITY OF EAGAN AUTHORIZING EXECUTION OF FISH LAKE GRANT AGREEMENT AND IDENTIFYING A PROJECT REPRESENTATIVE BE IT RESOLVED by the City of Eagan that the City enter into the attached Grant Agreement with the Minnesota Pollution Control Agency(MPCA) to conduct the following project: Fish Lake Cleanwater Partnership Phase II Project BE IT FURTHER RESOLVED by the City of Eagan that the Mayor, Tom Egan, be authorized to execute the attached Grant Agreement for the above mentioned Project on behalf of the City. BE IT FURTHER RESOLVED by the Eagan City Council that it hereby designates Rich Brasch, Water Resources Coordinator, as the Project Representative for the Fish lake Cleanwater 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 a regular meeting of the City Council this day of , 1995. Authorized Signature and Title Date STATE OF MINNESOTA Dakota County I, . do hereby certify that I am the custodian of the minutes of all proceedings 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 , 1995 at , 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 and Title (SEAL) a 117bfiishlahaJSO Agenda Information Memo June 6, 1995 Eagan City Council Meeting D. CHANGE ORDERS/POLICE DEPARTMENT/MUNICIPAL CENTER BUILDING PROJECT • ACTION TO BE CONSIDERED: To approve change orders for the Police Department - Municipal Center Expansion Project. ATTACHMENTS: • Staff memorandum regarding Police Department change orders on pages I through • Staff memorandum on City Hall changes on page 13 . ,fP MEMO _city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: MAY 30, 1995 SUBJECT: POLICE DEPARTMENT-MUNICIPAL CENTER EXPANSION CHANGE ORDERS The City is in receipt of thirteen change orders for the building expansion project. The changes represent a net addition to the contract price in the amount of$26,711.22. The items outlined have been previously listed under changes pending on the monthly financial reports. As the project nears its end, paperwork on a significant number of changes is being finalized. They are detailed as follows: 1. Romark Inc. - Change Order #4/pco #72 - Add fire dampers, security grilles and metal angles, resize and relocate duct work in detention area - $8,091.82. 2. Romark Inc. - Change Order #5/pco #83 - Modifications of duct work in dispatch area, rearrangement of duct work in vertical shafts, relocation of return air opening and add motorized dampers and manual overrides for ventilation fans - $4,343.11. 3. Romark Inc. - Change Order #6/pco #86 - Add fire dampers to accomodate change in fire rating - $1,670.87. 4. Romark Inc. - Change Order #7/pco #102 - Add bird screens to air intake, install backsplash for reuse of fume hood, relocate heat piping in lobby for rain water leader and relocate heaters in tactical garage to allow access to trailer- $4,138.92. 5. Peterson Electric - Change Order #8/pco #64 - Add outlets and low voltage transformers in plumbing chase - $551.55. 6. Petersen Electric - Change Order #9/pco #70 - Change from single to double telephone boxes with seperate conduits as requested by telephone consultant - $2,442.36. I 7. Peterson Electric-Change Order#15/pco#105-Add heat detector for fire control system in electrical room, replace three wire receptacle with four wire for electric range and provide outlets for dispatch television monitors - $880.59. 8. Minuti-Ogle - Change Order #4/pco #76 - Provide and install mechanical access panels for upper level - $1,520.00. 9. Minuti-Ogle - Change Order #5/pco #80 - Provide and install mechanical access panels for entry level - $2,025.00. 10. Bergh's Fabricating - Change Order#7/pco #87 - Provide and install metal plates and angles for upper level building connection and add support for roof drain - $580.00. 11. Bergh's Fabricating - Change Order #8/pco #100 - Correct imbeds for grating at airshaft (Backcharge to Northland) - $500.00. 12. Northland Concrete-Change Order#7/pco#101 -Backcharge for airshaft grating imbeds - ($500.00). 13. Mid-Co Security - Change Order #2/pco #99 - Relocate card reader - $422.00. These items have been reviewed by the staff and consultants and are in order for consideration by the City Council at this time. If any Council member wishes to review these changes in more detail, please let me know. Ic c� MEMO __city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: MAY 30, 1995 SUBJECT: MUNICIPAL CENTER EXPANSION CHANGE ORDER The City is in receipt of three change orders for the municipal center remodeling representing a deduct of $11,415.00 for the City Hall remodeling. The changes is described below: 1. Spraungel Construction Inc. - Change Order #1/pco #1 - Footing changes to accomodate revised employee entrance (deduct limestone facing and replace with brick) and demolition of radio tower pad not included in specification - $812.00. 2. Mulcahy, Inc. - Change Order #1/pco #2 - Rectangular columns in lieu of round - ($3,865.00). 3. Del's Construction - Change Order #1/pco #3 - Brick in lieu of limestone on employee entrance - ($8,398.00). This item has been reviewed in detail by the staff and consultants and is in order for consideration by the City Council at this time. If any Council member wishes to review these changes in more detail, please let me know. ( 3 Agenda Information Memo June 6, 1995 Eagan City Council Meeting E. AMEND ORDINANCE/CITY CODE 6.37 & 10.01/REGARDING LICENSIING OF SOLID WASTE HAULERS OF CONSTRUCTION/DEMOLITION DEBRIS ACTION TO BE CONSIDERED: To amend Eagan City Code, Section 6.37 and 10.01 to require the licensing of construction/ demolition debris solid waste haulers. FACTS: • The Solid Waste Abatement Commission is continuing its discussion of organized residential refuse collection and is narrowing the alternatives they wish to consider for recommendation. • As part of that process, it was determined to forward interim findings and recommendations to the City Council. • The Commission's interim direction includes a discussion of alternatives which do not require a 180 day review process as outlined by statute and a modification of the ordinance to extend licensing requirements to construction-demolition debris haulers. ATTACHMENTS: Staff memorandum on pages through 17 . _ f-€ MEMO _ city of eagan MEMO TO: JON HOHENSTEIN, ASSISTANT TO THE CITY ADMINISTRATOR FROM: JOANNA FOOTE, COMMUNICATION/RECYCLING COORDINATOR DATE: MAY 10, 1995 SUBJECT: Update regarding S.W.A.C. action within Organized Waste Collections Systems Discussion and recommended Ordinance Changes. At its meeting of April 20, 1995, the Eagan Solid Waste Abatement Commission determined it would begin to narrow the focus of its discussion regarding organized waste collection systems. The discussion was initiated as one of the Commissions goals for 1994, and also at the request of the Eagan City Council to determine if there are ways in which to reduce the number of refuse.trucks operating within the City. The Commission and staff compiled a comprehensive list of system types and options available for consideration. The options included: 1) make no changes to the existing system 2) Frame a Resolution of Intent to proceed with the Organized collection, 180-day process as outlined in State Statute 115A.94 (This process would be required for all options listed within item 2) 2a) Organize a consortium involving all current haulers 2b) Solicit bids and contract with a specific number of haulers (1 through several) —citywide —within existing districts —with regulated competition 2c) Implement Municipal Collection 3) Outline a community education program encouraging neighborhoodsto organize their own refuse collection system 4) Restrict recycling to bi-weekly pick-ups 5) Require haulers to implement a 2-truck System 6) Other recommendations as determined by the Commission The Commission has discussed each of these options with some thoroughness, and has now begun to eliminate those options which a majority of the members have deemed infeasible for the City of Eagan to pursue at this time. The options eliminated from further discussion include 2a , 2b and 2c. Option 2c) Implem nting a Municipal Collection system, was eliminated unanimously. This system would require the City to take over all refuse collection, using its own equipment and personnel both for pick-up and administration. Members stated that this is not a useful or viable option for the city to pursue, as it would be cost prohibitive and would eliminate all competition and free market process from the system. Options 2a) Organize a consortium of all current haulers and Option 2b) Solicit bid and contract with a specific number of haulers; were also voted down (although not unanimously). The commission determined it would like to pursue some of the other available options that would not require as much municipal involvement and would not require the implementation of the 180-day process required by State Statute 115A.94 regarding Organized Collection. The Commission will now continue discussion to frame a recommendation and program that best accommodates the needs of the citizens, based on the remaining options. Also within the discussion of Organized Waste Collection Systems, the Commission determined that the licensing of all haulers, including those who collect and remove construction and demolition debris, should be required. The commission members stated that in some instances these construction/demolition "roll-off' haulers may be adding to the perception that there are too many trucks operating within the City, and that by requiring the same health, safety and transport standards to these haulers as to (MSW) municipal solid waste haulers, the City can have more control over possible negative impacts. The Commission is therefore recommending that Ordinance Section 6.37 regarding Garbage, Refuse and Recycling and Ordinance Section 10.01 regarding Public Protection, Crimes and Offenses, be amended as follows: 6.37 Section B. "Other Refuse" means ashes, non-recyclable glass, crockery, cans, paper, boxes, rags, construction-demolition debris and similar non putrescible wastes (does not decay or have foul odor) excluding sand, earth, brick, stone and concrete, and trees, tree branches, and wood except when stored as firewood. Subd. 3 1. "Special Pick-Up" means any collection of materials other than garbage, other refuse, recyclables or yardwaste, including white goods, furniture, oversized materials and construction-demolition debris. Subd. 4 Hauler License Requirements. A. Hauler Licenses shall be granted only upon the condition that the licensee have water-tight packer-type vehicles or, securely covered or enclosed dumpsters. roll-offs or other types of refuse containers, or inthe case of recycling haulers, appropriate container vehicles in good condition to prevent loss in transit of liquid or solid cargo, that the vehicles be kept clean and as free from offensive odors as possible and not allowed to stand in any street longer than reasonably necessary to collect garbage, other refuse, yard waste or recyclables. 1. There shall be three license categories defined by the type of account served: (1) Commercial/Multiple Dwelling/Construction-Demolition Debris, (2) Residential Dwelling, and, (3) Residential/Multiple Dwelling Recycling. Section 10.01. Subd. 1 B. "Other Refuse" means ashes, non-recyclable glass,crockery, cans, paper, boxes, rags, construction-demolition debris and similar non putrescible wastes (does not decay or have foul odor) excluding sand,earth, brick, etone and concrete, and trees, tree branches, and wood except when stored as firewood. These changes are initiated to implement licensing for Construction-Demolition debris haulers. The Commission has determined that this is an important issue in limiting the number of refuse haulers operating in Eagan. Communication/Recycling Coordinator • • 7. Agenda Information Memo June 6, 1995 Eagan City Council Meeting Page 1. F. EXECUTION OF COOPERATION AGREEMENT SUPPLEMENT - COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTION TO BE CONSIDERED: Approval of execution of the supplement to the Cooperation Agreement between Dakota County and Eagan for participation in the County Community Development Block Grant (CDBG) Program. FACTS: • The City is currently a participant in the Dakota County CDBG Program, and has been for many years. • Because the City is a participant in the County program, the HRA provides to the City all the administrative requirements for receiving CDBG funds. • Dakota County HRA recently informed the City that we are now eligible to become a direct grantee for CDBG funding beginning with the 1996 fiscal year. • Staff discussed with the HRA the advantages and disadvantages of becoming a direct grantee and was informed that the amount of money that the City would receive would be essentially the same whether we are a part of the County program or a direct grantee. However, if the City became a direct grantee, we would be responsible for all administration of the program. In other words, there does not appear to be any advantage to the City to opt out of the County program at this time. • Burnsville has also had the opportunity in previous years to become a direct grantee, and again has this opportunity. Burnsville has opted to stay in the County program. • The City has a Cooperation Agreement with the Dakota County HRA for participation in the County CDBG Program. • For requalification of Dakota County for the CDBG Program for federal fiscal years 1996-1998, a supplement including the HOME Investment Partnership Program as a program covered by the CDBG Program Cooperation Agreement must be executed. • To continue our participation in the County CDBG Program, the supplement to the Cooperation Agreement must be approved by City's governing body and executed by the chief executive officer prior to June 21, 1995. l Agenda Information Memo June 6, 1995 Eagan City Council Meeting Page 2. • Approval and execution of the supplement to the cooperation Agreement is in order at this time. ATTACHMENTS: Supplement #3 to the Cooperation Agreement, page 1 SUPPLEMENT#3 TO THE EXISTING COOPERATION AGREEMENT FOR THE DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT,made and entered Into by and between the COUNTY OF DAKOTA,State of Minnesota,and the CITY OF EAGAN ,(hereinafter'County'and'Cooperating Community',respectively)said parties to this Agreement each being governmental units of the State of Minnesota,and Is made pursuant to Minnesota Statutes Section 471.59. WITNESSETH: WHEREAS,Title II of the Cranston—Gonzales National Affordable Housing Act of 1990 (42 U.S.C.12701 et seq.as amended)provides for a program known as the HOME Investment Partnership Program;and, • WHEREAS,Dakota County,Minnesota qualifies under said law as a member of the HOME Consortium formed by Anoka,Dakota, Ramsey,and Washington Counties;and, WHEREAS,part 92 of Title 24 of the Code of Federal Regulations sets forth regulations governing the applicability and use of funds under Title II;and, WHEREAS,the governing regulations require that units of local government enter Into a cooperation agreement with the County for participation in the HOME Program,which shall be the same cooperation agreement governing participation in the Community Development Block Grant Program; NOW,THEREFORE,the parties mutually agree to the following terms and conditions. • I. The following terms defined in the Cooperation Agreement for the Dakota County Community Development Block Grant Program shall have the meaning contained herein,in addition to the meaning given in that agreement A.'The Act'means the HOME Investment Partnership Act,Title II of the Cranston—Gonzales National Affordable Housing Act,42 U.S.C.12701 et seq.,as amended. B.'Regulations'means those regulations found at 24 CFR Part 92,as amended. II. The definitions contained In the Act and In the Regulations are incorporated herein by reference and are made a part hereof. III. The purpose of this agreement is to authorize the County to cooperate with the Cooperating Community to undertake,or to assist in undertaking,the activities as authorized in the Act and in the Regulations. IV. By executing this agreement,the Cooperating Community understands that it: A. May not apply for grants from appropriations under the Small Cities or State Community Development Block Grant Programs for fiscal years during the period in which it participates in the County's Community Development Block Grant Program;and, B. May participate in a HOME Program only through the County,and cannot form a HOME Consortium for participation in the Program except through the County,during the period in which it participates in the County's Community Development Block Grant Program. The parties have caused this Agreement to be duly executed. COUNTY OF DAKOTA,STATE OF APPROVED AS TO FORM AND EXECUTION: MINNESOTA By: Assistant County Attorney Its: Country Board Chairperson Date: Date: CITY OF EAGAN By: C\-C Its: Date: a� Agenda Information Memo June 6, 1995 Eagan City Council Meeting Page 1. G. RESOLUTION TERMINATING MORATORIUM: SOUTHEAST INDUSTRIAL AREA ACTION TO BE CONSIDERED: Approval of a resolution terminating the moratorium on development in the Southeast Industrial Area. FACTS: • The City initiated a land use study in September 1994 to determine the most appropriate long-term land use and zoning for the Southeast Industrial Area. • A moratorium on development was adopted on October 4, 1994, effective until April 4, 1995. • On March 7, 1995, the effective date of the moratorium was extended to July 3, 1995. • The land use study was presented to the Advisory Planning Commission on April 25, 1995, at which time the APC recommended that the residential land use designation be retained, the I-1 zoned properties be rezoned to R-1, and the Gun Club property remain zoned PF. Alternatively, the APC recommended that if the property owners petition to rezone the area to Industrial Planned Development and an acceptable agreement is worked out between the City and property owners, the area could remain industrial. • The City Council considered the APC's recommendation at its May 2, 1995 meeting, at which time the City Council directed the rezoning of the area south of the Gun Club to Agricultural, directed initiation of a feasibility study for the installation of public improvements to serve the industrial area, and directed exploration of creating a new industrial zoning that would be compatible with residential uses. • The public hearing for the rezoning of the area south of the Gun club is scheduled for the June 27, 1995 APC meeting. • The City Council reviewed options regarding a new industrial zoning classification at its May 15, 1995 workshop. At that meeting, the City Council determined that the current I-1 zoning standards could achieve the desired result. As such, the Council directed staff to work with each property owner/business owner to discuss conditional use permit needs and to develop a plan and schedule for other improvements. C Agenda Information Memo June 6, 1995 Eagan City Council Meeting Page 2. • Also at the May 15, 1995 workshop, the Council directed that the moratorium on development be terminated, and that action on this be placed on the next City Council agenda. • A resolution terminating the moratorium on development is now in order. ISSUES • Staff has sent a letter to each property owner/business of industrial property in the area updating them on the status of Council action. These letters were mailed on May 25, and as of May 30, staff has not heard from any of them. • Letters were also sent to the Gun Club and the property owners of the two parcels south of the Gun Club informing them of the status of the study and upcoming APC public hearing for the rezoning. ATTACHMENTS Resolution terminating the moratorium, pages (23 throu h& . Example of letter sent to property owners/businesses, pages 02, through, . Leiters sent to Guns' b and property owners of the two parcels south of the Gun Club, pages '� through ac- RESOLUTION NO. 95- RESOLUTION TERMINATING A MORATORIUM ON DEVELOPMENT IN THE SOUTHEAST INDUSTRIAL AREA WHEREAS, the City Council of the City of Eagan is the official governing body of the City of Eagan; and WHEREAS, on September 6, 1994, the City Council directed a land use study be conducted to determine the appropriate long-term land use and zoning for that portion of Section 36, Township 27, Range 23, generally described as follows : The South 780 feet of the Northwest Quarter of the Southeast Quarter (NW 1/4 - SE 1/4) lying easterly of State Trunk Highway No. 3 ; and The West 850 feet of the Southwest Quarter of the Southeast Quarter (SW 1/4 - SE 1/4) ; and WHEREAS, on October 4, 1994, the City Council adopted a moratorium on development in the area described herein effective until April 4,, 1995, or such sooner time as the City Council may determine; and WHEREAS, on March 7, 1995, the City Council extended the effective date of the moratorium to July 3 , 1995, or such sooner time as the City Council may determine; and WHEREAS, on May 15, 1995, the City Council made a determination as to the appropriate long-term use for the area described herein and directed the termination of the moratorium. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA hereby terminates the moratorium on development in the above described area effective upon adoption and publication of this resolution. THIS RESOLUTION passed this day of , 1995 by the City Council of the City of Eagan, Minnesota. ATTEST: CITY OF EAGAN City Council By: E.J. VanOverbeke By: Thomas A. Egan Its: Clerk Its : Mayor Date Resolution Adopted: Date Resolution Published in the Legal Newspaper: a L/- • city of ocigcin THOMAS EGAN Mayor PATRICIA AWADA May 25, 1995 SHAWN HUNTER SANDRA A.MASIN THEODORE WACHTER Council Members THOMAS HEDGES MALCOLM MACFARLANE City Administrator M MACFARLANE E.J. VAN OVERBEKE 4890 ROBERT TR S Clty Clerk EAGAN MN 55123 RE: Update on Southeast Industrial Area Study Dear MacFarlanes: I am writing this letter to give you an update on the status of the Southeast Industrial Area (Halley's Addition, Oberg Property and MacFarlane Property) Study. As you know, at their May 2, 1995 meeting, the City Council decided to leave the area zoned for business use and directed staff to explore creating a special new "clean industry that will be compatible with a residential neighborhood" district. Two weeks later, the City Council considered a number of options that staff had outlined. After reviewing the options, the City Council determined that the current I-1 zoning standards, if properly enforced, could achieve the desired result. The City Council wants to allow the current businesses to continue operating, but is looking for a significantly improved condition. The Council believes that the property owners/businesses do want to clean up and improve the appearance of the general area, provided you are given some time to do so. A careful review of the area indicates that most all existing businesses are currently engaged in one or more activities that are only allowed by conditional use permit in an I.1 zone. In most instances, these activities involve outdoor storage of one kind or another. This means that to continue operations, you will need to secure approval of a conditional use permit. This permit will include a schedule for making necessary improvements to your property. The Council directed staff to work with each property owner/business to develop a plan and schedule for improvements. The City Council also directed us to rescind the moratorium on development, with the understanding that the conditional use permits will need to be in order prior to any additional building activity. This is scheduled for the Consent Agenda at the June 6, 1995 City Council meeting. MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD 3501 COACHMAN POINT THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY EAGAN.MINNESOTA 55122.1897 EAGAN,MINNESOTA 55122 PHONE:(612)681-4600 PHONE:(612)681-4300 FAX:(612)681.4612 Equal Opportunity/AffIrmative Action Employer FAX:(612)681.4360 TDD:(612)454-8535 TOD:(612)454.8535 The feasibility study for public streets and utilities should be completed in early June. We will be scheduling a meeting to present the results and cost estimates at that time. We will then be able to begin meeting with you to discuss your specific plans. If you have any questions regarding this update, please call me or Kristy Marnin, Senior Planner, at 681-4695. Sincerely, Peggy Reichert Community Development Director C9 ‘° 411!!!Ibb city of acigcin THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER May 26, 1995 SANDRA A.MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator West End Hunting and Fishing E.J. VAN OVERBEKE 535 Gun Club Road City clerk Rosemount, Mn 55068 RE: Update on Southeast Industrial Area Study Dear West End: I am writing this letter to give you an update on the status of the Southeast Industrial Area Study. As you may know, at their May 2, 1995 meeting, the City Council determined that your property will remain zoned P (Public Facilities). The Comprehensive Guide Plan Land Use designation will remain single-family residential (D-I). In other words, should the property be sold for development at some future date, the Land Use Plan suggests residential development as the appropriate use. Regarding other properties within the Southeast Industrial Area, the City Council determined that the northern industrial properties will remain zoned I-1 (Limited Industrial) and that the southern properties should be rezoned to A(Agricultural). The public hearing on the rezoning of the two southern properties is scheduled for the June 27, 1995 Advisory Planning Commission meeting. Action on terminating the moratorium on development within the area is scheduled for the Consent Agenda at the June 6, 1995 City Council meeting. If you have any questions regarding this update, please call me or Kristy Mamin, Senior Planner, at 681-4685. •, Sincerely, �- Peggy Reichert • Community Development Director MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD 3501 COACHMAN POINT THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY EAGAN.MINNESOTA 55122.1697 EAGAN.MINNESOTA 55122 PHONE:(612)681.4600 PHONE:(612)681.4300 FAX:(612)681.4612 Equal Opportunity/Affirmative Action Employer FAX:(612)681.4360 IDD:(612)454.8535 TDD:(612)454-8535 city of acigcin THOMAS EGAN May 26, 1995 Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A.MASIN Donald Marotzke THEODORE WACHTER Council Members 700 Gun Club Road THOMAS HEDGES Rosemount, MN 55068 City Administrator E.J. VAN OVERBEKE RE: Update on Southeast Industrial Area Study City Clerk Dear Mr. Marotzke: I am writing this letter to give you an update on the status of the Southeast Industrial Area Study. As you may know, at their May 2, 1995 meeting, the City Council directed the Advisory Planning Commission (APC) to hold a public hearing to rezone the area south of the Gun Club to A (Agricultural). This includes your property (P.I.D. 10-03600-011-81) and the property immediately west of your property (P.I.D. 10-03600-030-81), which are both currently zoned I-1 (Limited Industrial). The Comprehensive Land Use Guide Plan designation for your property will remain D-I (Single-family Residential, 0 to 3 units per acre). The Agricultural zoning will basically serve as a holding zone until your property and the surrounding area develops. We are scheduling the public hearing on the rezoning for the June 27, 1995 APC meeting. You will receive an official notice of this meeting on or about June 13, 1995. Regarding other properties within the Southeast Industrial Area, the City Council determined that the Gun Club will remain zoned P (Public Facilities) and the northern industrial properties will remain zoned I-1. Action on terminating the moratorium on development within the area is scheduled for the Consent Agenda at the June 6, 1995 City Council meeting. ' If you have any questions regarding this update, please call me or Kristy Marnin, Senior Planner, at 681-4685. I Sincerely, AI 7-4', - . Peggy Reichert Community Development Director MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD 3501 COACHMAN POINT THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY EAGAN.MINNESOTA 55122-1897 EAGAN.MINNESOTA 55122 PHONE:(612)681.4600 PHONE:(612)681.4300 FAX:(612)681.4612 Equal-OpportunIty/AtfIrmatIve ctlon Employer FAX:(612)681.4360 TDD:(612)454.8535 TDD:(612)454.8535 • city of ecigcin , THOMAS EGAN May 26, 1995 Mayor PATRICIA AWADA SHAWN HUNTER Ronald Kolb SANDRA A.MASIN THEODORE WACHTER Ronda Murry Council Members 12000 South Robert Trail • THOMAS HEDGES Rosemount, MN 55068 CIty Administrator E.J. VAN OVERBEKE RE: Update on Southeast Industrial Area Study City Clerk Dear Mr. Kolb and Ms. Murry: I am writing this letter to give you an update on the status of the Southeast Industrial Area Study. As you may know, at their May 2, 1995 meeting, the City Council directed the Advisory Planning Commission (APC) to hold a public hearing to rezone the area south of the Gun Club to A (Agricultural). This includes your property (P.I.D. 10-03600-030-81) and the property immediately east of your property (P.I.D. 10-03600-011-81), which are both currently zoned 1-1 (Limited Industrial). The Comprehensive Land Use Guide Plan designation for your property will remain D-I (Single-family Residential, 0 to 3 units per acre). The Agricultural zoning will basically serve as a holding zone until your property and the surrounding area develops. We are scheduling the public hearing on the rezoning for the June 27, 1995 APC meeting. You will receive an official notice of this meeting on or about June 13, 1995. Regarding other properties within the Southeast Industrial Area, the City Council determined that the Gun Club will remain zoned P (Public Facilities) and the northern industrial properties will remain zoned I-1. Action on terminating the moratorium on development within the area is scheduled for the Consent Agenda at the June 6, 1995 City Council meeting. If you have any questions regarding this update, please call me or Kristy Marnin, Senior Planner, at 681-4685. Sin rely, 12,_Lci, Peggy Reichert Community Development Director J MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD 3501 COACHMAN POINT THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY EAGAN,MINNESOTA 55122.1897 EAGAN,MINNESOTA 55122 PHONE:(612)681.4600 PHONE:(612)681.4300 FAX:(612)681-4612 Equal Opportunity/AtfIrm lye Action Employer FAX:(612)681.4360 1DD:(612)454-8535 IDD:(612)454.8535 Agenda Information Memo June 6, 1995 Eagan City Council Meeting H. FINAL SUBDIVISION - LENTSCHS DEERWOOD POINTE ACTION TO BE CONSIDERED: To approve or deny a Final Subdivision for Lentschs Deerwood Pointe located north of Deerwood Drive and east of Clippers Road. FACTS: • The final plans, development contract, and escrow agreements have been reviewed and are in order. Approval is, therefore, appropriate at this time. BACKGROUND/ATTACHMENTS: (1) Final Plat Map - page 31. • li'•. I): I' •• 7, •!J» 4•�::..J:fa• • •t s• V s, ' Jr. ,•j,', • • V . I i . 1 1 1 Jt • :, i I. 1 s s' 11111 x1 ' iI∎ I' 1 3I .j 1 1 'I 1 • 1f 1 t i i 1i rr i t l,. 11 1 i• i 11 jr r s� I 1 1! I I • S it I s 1 I 1 r 1 !III ii i I 1 ii 1 1 i 1!1 II I r. HII 1 s W F iii ► I -j ; .� 1 t �] E...., -.. -is. :i r ' I Z 1' ' I I11 " : L , 10. HI • ' 1 �i I ji ;_l j 11 yi ; jql ott P I! ill 0= • 0 �� r34 11i s i 111 # II 3 ' 1 1 r � = i 5i b t J Imo= W4►� 9-'. la. F 1 i11 hh iii .1 e s _t , I - . • = w q 1 di ' -r.•wwr w 2 w rr.-•w 1 � ` PI' l��l • r I' o.00 COQ��c:.;,' S t` t j 7 • t r r +. SI J r. I [ b W �� as M�rr�Y,M- �MI m":1∎ I T/1 •000CJ M .oO,CC.00 5 ••�•_ l• •:, qq t� St? j ? I 1 n n t �@ CD o ; Agenda Information Memo June 6, 1995 Eagan City Council Meeting I. FINAL SUBDIVISION - BEST BRANDS 2ND ADDITION ACTION TO BE CONSIDERED: To approve or deny a Final Subdivision for Best Brands 2nd Addition located east of Highway 13 and north of Yankee Doodle Road. FACTS: • The final plans, development contract, and escrow agreements have been reviewed and are in order. Approval is, therefore, appropriate at this time. BACKGROUND/ATTACHMENTS: (1 Final Plat Map - page 33 r• 1, b \\+.,. M F` d 0 ). A'S i Aiv �\ 1 e 0...:. .0\t":,, ix ti, , ., \'‘ \U ‘24 \., to it%%.. '. o Ti e g Y .P IYI•/, • .....fir.�av�..tr• r.� }\•l ........"0.7:01 ,7! ON .. ►411 O!Y YNAY.; .11 i ri Q \1 IN at 171••M PINNY�!!1M••LASS ACM IM•,'I 1•.I artaat A.,. .`•�iiy K,ii 4 r -r ...4 yr,wi W.N w i.w au.uw I+r ore; naO▪ M' i7! n? �}t\1 •.;,Itt�, II f:,, t.\ .1 l \• Pill 1 I J 1JJ e..,... ,rte'°I , x O a4 �� T'?! i i a.e•... r a 71i ,4 i 4ta t f \% irk IlrrroiCdo l .., i i \ , X.?07B t - I JO? ! ' \**, ► ^�M ,� !J.�{ i,lNOIiIOGr It;y,�i scetr»a tsvQ to. i (� \\ ��3 4009.410 o t yF_ 1e l i m . ,, .a1 � t w 1 ! •r J R I 1 ~ j k 1 1 V Li ......... 1 t ,...... --.....* I 47t Agenda Information Memo June 6, 1995 J. PROJ 689.HAYES ADDN(STORM SEWER) ACTION TO BE CONSIDERED: To receive the petition and authorize the preparation of a feasibility report for Project 689 (Hayes Addition- Storm Sewer). FACTS: • The proposed Hayes Addition is located in the Valley View Plateau development in the southwest corner of Highview Avenue and Bridgeview Terrace. • The staff has received a petition from the property owner requesting the City to prepare a feasibility report to discuss the installation and extension of storm sewer facilities through the existing ravine of the proposed Hayes Addition. • The City Council will be considering approval of the preliminary subdivision of the Hayes Addition later on this same agenda. • The petitioner has guaranteed all costs to be incurred by the City if, for some reason, the project is not approved as a result of the public hearing process. • 3 Agenda Information Memo June 6, 1995 K. PROJECT 676.DUCKWOOD ESTATES- STREETLIGHTS ACTION TO BE CONSIDERED: Receive the final assessment roll and schedule a public hearing to be held on July 10, 1995. FACTS: • Duckwood Estates is located north of Duckwood Drive between Denmark Avenue and Lexington Avenue. • On December 7, 1994, as a result of a public hearing, the Council authorized the installation of additional streetlights within the Duckwood Estates subdivision. • The installation of these streetlights by the Dakota Electric Association has now been completed, all costs tabulated, and the final assessment roll is being presented to the Council for their consideration of scheduling a public hearing to formally present the final cost to all affected property owners. Agenda Information Memo June 6, 1995 L. CONTRACT 93-J. OAK CLIFF PONDS 2ND ADDITION-UTILITIES ACTION TO BE CONSIDERED: Acknowledge completion of Contract 93-J(Oak Cliff Ponds 2nd Addition-Utilities) and authorize perpetual maintenance by City forces. FACTS: • Oak Cliff Ponds 2nd Addition is located west of Slaters Road, south of Cliff Road and is a residential townhouse development. • As a condition of the development contract for the Oak Cliff Ponds 2nd Addition approved by Council action on June 15, 1993, the developer elected to privately install public utilities to service this subdivision. • The installation of these utilities in accordance with City plans, specifications, and standards have now been completed, inspected by City representatives and found to be in order for favorable Council action acknowledging completion and authorizing perpetual City maintenance. L5(P Agenda Information Memo June 6, 1995 Eagan City Council Meeting M. APPROVE 7-1-95 TO 7-1-96 GENERAL INSURANCE RENEWAL ACTION TO BE CONSIDERED: To approve the general insurance renewal for 7-1-95 to 7-1-96. FACTS: • The City has received renewal information for the general insurance coverages. The renewal proposed has been assembled through Jeff Bowers of R. L. Youngdahl and Associates,Inc.,the City's insurance representative. • General insurance coverages include buildings and contents, equipment, automobile, general liability and numerous smaller areas of risk expenses. • While official quotations were not solicited, other markets were reviewed. The general conclusion is that there are no providers who can match the League of Minnesota Cities Insurance Trust (LMCIT) for both price and coverages. Consequently, we have only the quote from the LMCIT to present to the City Council for consideration except in the boiler and machinery coverage area. • The premium summary by coverage type for 1994/1995 and 1995/1996 is as follows: Increase (Decrease) Coverage 1994/1995 1995/1996 Amount Percent LMCIT: Property $ 16,039 $ 21,658 $ 5,619 35.0% Inland Marine 5,297 4,698 (599) (11.3%) Liability 131,931 142,565 10,634 8.1% Automobile 27,264 25,683 (1,581) , (5.8%) Misc. Auto Equip. 768 681 (87) (11.3%) Crime 428 385 (43) (10.0%) Petrofund 752 752 0 0 Open Meeting Law 3.472 2.198 (1.274) (36.7%) $185,951 $198,620 $12,669 6.8% Other Carriers: Boiler & Machineryal 9,699 $ 10,444 $ 745 7.7% AD&D Benefit 2,3.15 2,236 (79) (3.4%) Employee Dishonesty(2) 1.098 L098 0 0 $ 13,112 $ 13,778 $ 666 5.1% $199.063 $212.398 S13.335 Liu 3? Agenda Information Memo June 6, 1995 Eagan City Council Meeting (I) The I994/1995 coverage is with Hartford Boiler and Steam. The quote presented is with the same company with increased deductibles. Additional quotes are being solicited from LMCIT and Kemper. (2) Provides for a coverage limit of $200,000, additional quotes for coverages of $300,000 and $500,000 are being reviewed. • Staff and the insurance representatives are also recommending the purchase of a $1,000,000 workers compensation - employer's liability policy at an 18 month cost of $14,891. The premium for this coverage is paid with other workers compensation premiums. The coverage period is being changed to a calendar year; consequently, the proposal is for 18 months. The coverage would protect the City in suits brought by employees and satisfied with workers compensation settlements. • The premium increase in the property category reflects an 18.3% increase from $24,451.843 to $28,917,543 in covered property values and a 14.3% increase in coverage rates. We are following up with LMCIT to get more justification for this rate increase. We have determined that part of the increased rate is due to playground equipment being specifically listed for coverage. • The liability increase reflects a rate increase from LMCIT of approximately 8%and an increase of about 4.2% in the City's rating base. The primary factors in the rating base include the operating budget and the water works payroll. Agenda Information Memo June 6, 1995 N. WELLHEAD PROTECTION GROUNDWATER MODELING INTERAGENCY AGREEMENT ACTION TO BE CONSIDERED: Approve the Interagency Agreement for Wellhead Protection Groundwater Modeling. FACTS: • The Minnesota Department of Health is requiring all communities obtaining their water supply from groundwater sources to prepare a wellhead protection prior to drilling any future wells. • In order to evaluate the sensitive area surrounding every public well, it will be necessary to prepare a geologic atlas and computer groundwater model to determine the recharge rate, transmissibility of aquifers and groundwater flow rates. • Dakota County,in conjunction with Eagan, Burnsville, Apple Valley, Rosemount,Hastings, and South St. Paul have cooperatively joined together to prepare a subregional geologic atlas and groundwater flow model that each community will be able to use in preparing their individual wellhead protection plans. This joint effort significantly reduces the cost to the City of Eagan to prepare our own groundwater model as a part of the wellhead protection plan. • Of the estimated $120,000 cost, the City of Eagan's share is $16,000. • An interagency joint powers agreement has been drafted by Dakota County, reviewed by the Public Works Director and City Attorney and is being forwarded to the Council for favorable action. • Copies of the agreement are available for any Council member who would like to review it; otherwise, the City Attorney and Public Works Director can respond to any questions. • The City's financial responsibility has been provided for in the 1995 Water Utility Budget. Agenda Information Memo June 6, 1995 Eagan City Council Meeting O. AUTHORIZE STAFF/CITY ATTORNEY'S OFFICE TO DRAFT NEW SOLICITATION ORDINANCE ACTION TO BE CONSIDERED: Authorize staff/City Attorney's office to draft a new solicitation ordinance. FACTS: For a number of years the City has had a solicitation ordinance. The ordinance has been used generally to try to protect the community from illegitimate solicitation practices of harassment, nuisance, theft, deceit of menacing, troublesome or unlawful activities. The City has been challenged with increasing frequency about the legality of the ordinance especially as it is applied to solicitors engaged in interstate commerce. Courts have started to determine that formal licensing procedures and fees for solicitors involved in interstate commerce amount to an undue burden on interstate commerce and, therefore, violate the U.S. Constitution. A new ordinance would define and differentiate between solicitors, peddlers and transient merchants. There is more flexibility to license peddlers and transient merchants than solicitors. Solicitors can probably only be registered, not licensed. ISSUES: What is the best method to balance the City's desire to protect its residents with current legal standards? There are a fair number of complaints received by the Police Department resulting from door to door solicitation. Unfortunately, that is the group with the greatest legal protection at this time. Would the model ordinance, as presented or with modifications, be acceptable for the City of Eagan? ATTACHMENTS: / i • Current City Code, pages ( through't'7 . • LMC Article, page through `f 7. • . Model Ordinance, pages 6 through (Xo. L'(.. 5 6.35 C. An applicant non-profit organization sha provide -dequate proof that it has at least 15 active me - rs and that - least 15 of its members are either empi• ed or live within he City or that it is a nationa known charitable org- - ization as determined by the Cit . Subd. 4. •egulations and Restric ons. A. In a• • ition to regu - ions imposed by the State of Minnesota, all in mation reports required to be submitted to the State shal als• •e submitted to the City , both with the application and an annual basis . B. Pull- •s may - sold only in on-sale liquor licensed establi ments in the ity, which are either owned or leased by t - eligible organiz- ion. Eligible organizations , however , be granted a tem. - ary license for the operation o • .ull-tabs in premises of- - r than on-sale liquor licensed establ •hments for no more an four consecutive days. Source : Ordinance No. 50 , 2nd Seri - Effective Date: 6-26-87 SEC. 6.36. SOLICITORS. Subd. 1. Purpose. This Section is not intended to in any way hinder , delay or interfere with legitimate business or organizational activities. The Council finds , however , that solicitors have used public streets and their direct contact with residents of the City for the illegitimate solicitation practices of harassment, nuisance , theft, deceit, or menacing , troublesome or unlawful activities. This Section is intended to ferret out and control: (1) businesses and organizations using solicitation as a means of concealing unlawful activities; and , (2) businesses and organizations which , though its activities be lawful or even commendable , use such illegitimate practices in solicitation; and (3) individual natural persons who, though they represent lawful businesses and organizations, use such illegitimate solicitation practices. The Council further finds that a large number of the residents of the City are employed as their livelihood and means of support by manufacturing plants and other businesses on shifts rotating between night and day, and to disturb them during their sleeping hours for the purpose of solicitation is a source of nuisance or even harassment and should be subject to control. Subd. 2. Definitions. The following terms, as used in this Section , shall have the meanings stated : 145 (5-31-92) � 1 A. "Solicitor" means any person making the solicitation, including such common terms as "peddler", "transient merchant" and "canvasser". B. "Solicitee" means the person solicited. C. "Goods" means any tangible thing of value, but not including money, things in action or intan- gible personal property other than merchandise certificates or coupons as herein described. The term includes such chattels as -are furnished or used at the time of sale or subsequently in the modernization, rehabilitation, repair, alteration, improvement or construction of real property so as to become a part thereof whether or not severable there- from. The term also includes merchandise certificates or coupons, issued by a retail seller, not redeemable in cash and to be used in their face amount in lieu of cash , in exchange for goods or services sold by such seller. D. "Services" means work, labor, or services of any kind. E. "Established place" means real estate in the City owned, leased on a month-to-month or term-certain longer than thirty (30) days. The term includes a booth, compartment, or area leased or assigned during and for the length of an event or occasion. F. "Business solicitation" means an attempt by a solicitor, engaging in transactions of the same kind, to sell or distribute for a consideration any goods or services primarily for personal, family, or household pur- poses, when either the solicitor or person acting for him contacts the solicitee by telephone or in person, other than at the established place of business of solicitor, except: (1) an attempted solicitation in which the solicitee person- ally knows the identity of the solicitor, the name of the business firm or organization he represents, and the iden- tity or kinds of goods, services or things of value offered; or, (2) an attempted solicitation in which the solicitee has first initiated the contact with the solicitor; or, (3) an attempted solicitation of a newspaper subscription in which the solicitor is a minor child engaged in both the delivery and sale of the newspaper; or, (4) an attempted solicitation for the sale of products of a farm or garden occupied or cultivated by the solicitor, when facts of such occupancy or cultivation are proven by the solicitor. G. "Contribution solicitation" means an attempt by a solicitor to obtain money from a solicitee for any cause or purpose, when either the solicitor or person acting for him contacts the solicitee by telephone or in person other than at the established place of meeting, (1-1-83) 51 § 6 . 36 business , service , or activity of the organization represented by the solicitor , except: (1) an attempted solicitation in which the solicitee personally knows the identity of the solicitor , the name of the organization he represents, and the identity of the services performed or offered by the organization, "•r , (2) an attempted solicita- tion in which the solici t-ee has first initiated the contact with the solicitor or the organization represented by him. Subd . 3 . Prohibited Solicitation Practices. A. It is unlawful for any solicitor to engage in solicitation for any unlawful business or organi- zational purpose or activity. B. It is unlawful for any solicitor to practice harassment, nuisance, theft, deceit, or menacing, troublesome or otherwise unlawful activities during the course of solicitation. C. It is unlawful for any solicitor to enter, or attempt to gain entrance, to residential premises displaying at such entrance a sign at least 3-3/4 inches long and 3-3/4 inches high with the words "Peddlers and Solicitors Prohibited" or "Solicitors Prohibited" in type not smaller than 48 point. D. It is unlawful for any solicitor to refuse to leave business premises when requested by the owner, lessee, or person in charge thereof. E. It is unlawful for any person to engage in contribution solicitation without completion of licensing or registration as herein provided. F. It is unlawful for an ,. p•••• >oP) , engage in business solicitation without 1i Pr> a herein provided . Source : City Cov Effective Date : 1 -1-83 Subd. 4. Application. Application-: for I. itC.nsin i or registration shall contain the name and addr rs of thc' solicitor , the name and address of the huc i n or organization for which a-I1 i -:• i.tations nr^ goiight on(1 'uc•h other information as m:iy reaonahl •y h t ?quirnr1 by the Council as a condition to rFsqt.ltr;itie';' or licensing or to permit investigation into the applicants background and past solicitation practices. No application shall be complete unless it is 'rr!)mnmied by a valid and current 192 3 (8-31-85) § 6.36 license issued by the County in which the solicitor proposes to engage in solicitation. Source : Ordinance No. 23 , 2nd Series • Effective Date: 8-23-85 Subd. 5. Investigation, Approval or Disapproval. A. All applications for licensing or registration shall be immediately referred to the Chief of Police, and by him or other person acting in his stead , investigated as to the truth thereof. The Chief of Police shall have five (5 ) business days within which to investigate and make a recommendation thereon. B. If he finds no past history of the applicant indicating violations similar to those declared unlawful in this Section he shall recommend issuing a license or approving registration, as the case may be, and the City Clerk-Treasurer shall forthwith advise the applicant. The City Clerk-Treasurer shall issue a license, upon payment of the fee therefor, to the approved applicant for business solicitation, and shall approve the completion of registration by the applicant for a contribution solicitor . C. If the Chief of Police finds a past history of the applicant indicating violations similar to those declared unlawful in this Section, he shall recommend denial of the license or registration. In all matters of recommended denial the applicant shall be forthwith advised thereof, and the application shall be referred to the Council and considered by it at its next regular or special meeting occurring more than ten (10) days thereafter. The applicant shall be afforded an opportunity to be heard at such meeting. Subd. 6. Duration of Contribution Solicitation Registration. Registration of contribution solicitation shall expire sixty (60) days after registration is approved. Source: City Code Effective Date : 1-1-83 Suhd. 7. Exclusions. The Council may, by resolution, exclude certain classes of solicitor events from compliance with licensing or registration provisions of this Section. Provided, however, that such exclusion shall not extend to the prohibited solicitation practices set forth in Subdivision 3, Subparagraphs A through D, inclusive, of this Section. Source : Ordinance No. 23 , 2nd Series Effective Date: 8-23-85 153 0' (8-31-85) 1 .a.i?..: Regulating merchants above and beyond the Because this is a highly litigated � statutory requirement for them to matter,and because cities risk being obtain county licenses. M.S.412.221, held liable for federal penalties if they ems! subd.19,echoes the provisions of adopt and try to enforce an unconstitu- solicitors and chapter 329 for statutory cities. Most tional regulation,cities should! i charters provide home rule charter their city attorney before adopting any transient cities with the same type of explicit regulation. Further,before a city authority. M.S.437.02 restates the decides it must do something,it should merchants authority to regulate and license balance the extent of its current or a transient merchants in all cities. In potential problems against the risk of addition,the courts have held that litigation over any attempted enforce- KENT SUI.EM reasonable regulations of peddlers,, ment of a regulation. Cities that solicitors,and transient merchants are decide they have to do something ., valid exercises of a city's police powers should carefully consider the following °':ts = ities have both statutory and in protecting the health,safety,and suggestions and develop regulations common law authority to welfare of the public against an activity similar to those that have either been , -t- regulate peddlers,solicitors, that can become a nuisance. While it is upheld in court or that are defendable and transient merchants. clear that cities can not totally ban if challenged. Minnesota Statutes,sections peddlers,solicitors,and transient Define all terms. Peddlers,solicitors, _Y=.- 329.06 and 329.15, grant merchants,it is not clear how far cities and transient merchants are not cities the right to regulate and license can go.in exercising their regulatory recognized by the courts as being the peddlers,solicitors,and transient authority. same. Peddlers,also known as hawkers; First We Listen To What • GOLOFLO . You.... - Need. Then We Respond DUAL-WALL PIPE — \With Proven Solutions. 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J 61) 32 MINNESOTA CITIES / APRIL 1995 go from place to place to sell goods interstate commerce amount to an that are delivered at the time of sale. undue burden on interstate commerce Solicitors,also known as canvassers,go and therefore violate the U.S.Constitu- from place to place to obtain orders for don. Solicitors of purely Minnesota What do goods or services that are to be deliv- made products would appear eligible ered or performed at a later time,or to for licensing as they would not be these collect donations. Transient merchants involved in interstate commerce. are generally persons who sell their Other cases,however,indicate that to • II 1 • 0 merchandise from a vehicle or other require different requirements for �� ties portable shelter,or from an empty different people conducting essentially I storefront,and who do not intend to the same business for the purpose of remain in business at any one location controlling a nuisance amounts to Iitve for more than a temporary period of arbitrary,and thus unenforceable, in time,usually no more than a few weeks. regulations. Exempt specific groups from the Provide Due Process. Licenses must coiiii.iioii?definitions. The courts have held that be issued as quickly as possible. those who make initial contacts with Anyone denied a license should be property owners or occupants for the informed of the reason for denial and i,."' purpose of establishing a regular of any right to appeal the decision 4",.`,-: ' 1 • delivery route,as well as people making through the city or ultimately in ;`', x I deliveries to customers on a regular district court. These provisions should route,are not the type of nuisances be clearly spelled out in the city's intended to be defined and regulated ordinance. • by peddler,solicitor,and transient Exempt certain peddlers and merchant regulations. Likewise, transient merchants from licensing. wholesalers making direct sales to The Minnesota State Constitution • • retailers,have also been exempted prohibits the licensing of farmers • from the definitions of peddlers, selling the products of their own farms. \ •• •• solicitors,and transient merchants. The caselaw discussed above about • • •41r, Differentiate between licensing and imposing different requirements on registering. Licensing is a formal different people conducting essentially • • • • process involving an application,a fee, the same business,has made it clear • •• • and the right of the council to grant or that a city also can not license anyone refuse the license. A background who re-sells any product purchased check is common before a license is from an exempt farmer. In addition, granted. Registration is the simple anyone going place-to-place for the process of recording a person's name primary purpose of exercising their Software solutions and and any other pertinent information general state or federal constitutional the council believes necessary to ensure rights should not be licensed because, Support services from the good faith of the registering party. as with the commerce clause,licensing Precis' ion Computer No fees are involved with registrations imposes undue burdens on these and the whole process should only take constitutional rights. Systems, a few minutes instead of several days. Most of the existing caselaw involves Only require licenses of peddlers people who were exercising First PCS provides software solutions for and transient merchants. Even though Amendment rights by distributing municipalities throughout Minnesota the statutes authorize the licensing of religious or political information and and the Midwest,including solicitors,caselaw dictates that they not pamphlets. The fact that a small fee or be licensed. The courts'concern is the contribution may be requested for the budgetary,accounting,payroll, impact of local regulations on inter- pamphlets has not been enough to inventory,utility billing and others. state commerce. Because peddlers and remove the constitutional protection. Call for more information. ' transient merchants have their goods in The courts have indicated that these Discover why municipalities across the state before they are sold,the chain groups could lose their exemption for Minnesota rely on PCS every day. of interstate,commerce has ended and the sale of books or other goods sold If you haven't looked at PCS lately, licensing has no impact on it. Solid- only for revenue raising purposes,or if maybe it's time you did. tom,however,make their sales before professional fund raisers were used. obtaining their goods. If the goods are It has been a common practice for subsequently shipped from another cities to also exempt all non-profit state,the chain of interstate commerce organizations,and some cities have ,„, remains unbroken. The courts have inquired about exempting minors from . held that formal licensing procedures their regulations. Such practices,while and fees for solicitors involved in of good intention,could put a city at 11 CS CONTINUED ON PAGE 34 Precision Computer Systems •l 4501 S.Technolo Dr..Sioux Fails.SD 57106 1 34831 I . MINNESOTA CITIES APRIL 1995 33 CONTINUED FROM PAGE 33 rights. In addition,there are questions SaveTrees, risk. Such a provision could be as to the applicability of such an ordinance to non-residential settings, challenged on the grounds that it once although it probably is acceptable. again treats people differently for Further, the nuisance created under a Save Money doing essentially the same thing. While Green River ordinance has been held homeowners may not be as upset by a to be a private nuisance meaning member of a non-profit organization enforcement is basically up to the Send for selling candy ringing their doorbells as affected land owner or tenant. they are by vacuum cleaner sales- A modified Green River ordinance people,the courts have generally makes it a trespass to enter onto any Protecting Trees looked at the act of going place-to- property,whether residential or not, place itself as the nuisance,not the for the purpose of soliciting or ped- from Construction product being sold. If the sale itself is wing,where the land owner has posted secondary to expressing the belief of a sign stating to the effect"No Peddlers Damage the group,then the constitutional or Solicitors." Because the landowner • rights exception would apply and no or tenant and not a government makes i< - . special exception would apply. If the the prohibition,this provision applies sale is primarily commercial in nature, everywhere a posting is made,and is e which the sale of candy etc.could easily enforceable against all peddlers and be found to be,then upholding an solicitors,including those involved in ^' i, 1 exemption would depend on the city interstate commerce and those at- >r ' being able to convince the courts that tempting to exercise Constitutional , e e r place-to-place sales by minors or non- rights. In fact,the provision should be • 1 profit groups is somehow different enforced equally to avoid legal chal- • than similar sales by adults and regular lenges of favoring otherwise protected businesses,and therefore is not a groups or people. This approach also nuisance. Given the tone of existing allows for criminal prosecution of 1. ��5 caselaw,it could be difficult to con- trespassers. vince the courts of this distinction. Of c L ---s+ .- course,rather than license each Other Considerations. In addition, cities may also regulate the time,place, —~ person,one license could be granted to and manner of peddling,soliciting, ------ —_, the group. and other transient selling. For �� `_y Require solicitors and license- example,a city can require that all exempt peddlers and transient peddlers,solicitors,and transient -" w""�'°",,w'' ,.rte, ; 'a merchants conduct their business only °'`� .� .:�,�,;;.. .,,h._.. ,v: merchants to register. Because This 14-page registration is a simple process and no between the hours of 8:00 a.m and 9:00 publication's text, numerous fee is charged,the courts have said that p.m.. A city,however,must be careful drawings and tables explain requiring solicitors and otherwise not to be so restrictive with hours that the growing conditions exempt peddlers and transient mer- the average working person would not $r $ chants to register does not have an be home when called upon. In needed for healthy trees and undue burden on interstate commerce addition,a city can prohibit anyone the construction techniques or other constitutional rights. Registra- from calling attention to themselves by used to maintain those tion does help a city track those the use of whistles,horns,loud noise involved in such business practices and devices,amplifiers,and flashing lights. conditions. Based on years reduces the risk of scam artists as the A city can also prohibit peddlers, of university research,the city will know who each person is and solicitors,and transient merchants information is presented in how to contact them should a citizen from conducting business in such a p have a complaint. manner or in such a place as to create an understandable and Green River ordinances. A Green traffic hazards or as to interfere with practical style. River ordinance,named for the city the free flow of others on streets or , where it was first used and upheld, sidewalks. declares it to be a nuisance for any Please contact the League if you Request Rem # F04135-AD person to go onto the property of have any questions about this topic or Send $4.00 another for the purpose of peddling would like a list of case citations and or soliciting,without first being invited other more detailed information.Q3 check or money order payable to do so by the land owner or tenant. to University of Minnesota Such an ordinance is not applicable to Rent Sulem is the codification and mail to: regular route deliveries,and probably attorney with the League of Minnesota MES Distribution Center could not be enforced against other- Cities. wise valid exercises of constitutional University of Minnesota 1420 Eddes Avenue St.Paul,MN 55108-6069 MN resident and businesses 1 add 7%sales tax. l-1`\ 34 MINNESOTA CITIES / APRIL 1995 Model Ordinance Peddlers, Solicitors, Transient Merchants 4/95 The following model ordinance is an attempt to provide cities with a current, valid, and comprehensive means of regulating peddlers, solicitors and transient merchants. Regulation of these business practices has led to much litigation over the years and it remains a constantly tag area of law. The effect of certain Minnesota cases has made it even harder to regulate peddlers, solicitors, and transient merchants here than in other jurisdictions. Because of the volatile legal nature of the topic, cities are encouraged to carefully consider the balance between any existing problem with peddlers, solicitors and transient merchants and the likelihood of an increased nuisance should the city decline to regulate such practices, against the risk of litigation over enforcement of any regulation adopted by the city. Cities should also consult with their city attorneys before adopting an ordinance similar to this one. This model ordinance is based on conservative interpretations of the major court decisions in this area. Because new opinions are frequently being handed down at the District, State and Federal levels, and because of apparent conflicts within existing caselaw, the League cannot and does not guarantee the validity of the provisions of this ordinance. To the best of our - knowledge, however, these provisions have either withstood legal challenges or, based on existing caselaw, should be defendable as reasonable exercises of both a city's police powers and the express authority granted by Minnesota Statutes Sections 329.06, 329.15, 412.221 (subd.19), and 437.02, as well as the charters of home rule charter cities. This model ordinance does not address what is commonly referred to as a "Green River" ordinance. Such an ordinance basically declares it to be a nuisance to enter onto the property of another for the purpose of peddling, soliciting, or selling as a transient merchant, without first being invited onto the property by the owner or tenant. While the U.S. Supreme Court has historically upheld these types of ordinances, they remain subject to challenge because they have the practical effect of acting as a complete ban on peddling, soliciting, or selling as a transient merchant. Green River ordinances also have problematic limitations in their application and enforcement. For some cities, however, they have worked. If your city would like more information about Green River ordinances, please contact the League's Research and Information Services Department, or the League's Codification Attorney. Any city that would like to review the material used to compile this ordinance should contact the League's Research and Information Services Department or the League's Codification Attorney. • 41` Ordinance if An ordinance relating to peddlers, solicitors, and transient merchants and exercising the city's authority to regulate the nuisance created by such business practices under the city's general police powers and as specifically authorized by Minnesota Statutes Sections 329.06, 329.15, 412.221(subd.19) (Note: 412 cite is for statutory cities; charter cite could be substituted), and 437.02. The City'Council of the City of Ordains: &Mon 100. Definitions and Interprrtafinn_ Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and the neuter, and vice-versa The term "shall" means mandatory and the term "may" is permissive. The following terms shall have the definitions given to them: Subdivision 1 Person. The term "person" shall mean any natural individual, group, organization, corporation, partnership, or association. As applied to groups, n» ions, corporations, partnerships, and associations, the term shall include each member, officer, partner, associate, agent, or employee. Subdivision 2 Peddler. The term "peddler" shall mean a person who goes from house-to- house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods, wares, products, merchandise, or other personnel property, that the person is carrying or otherwise transporting. The term peddler shall mean the same as the term hawker. (Note: The inclusion of the phrase "without a fixed place of business" in the definition of the term peddler has been interpreted by Minnesota courts as implying a preference for local businesses and should therefore be avoided even though the U.S. Supreme Court originally used the phrase.) Subdivision 3 Solicitor. The term "solicitor" shall mean a person who goes from house-to- house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property, or services, of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as discussed above. The term solicitor shall mean the same as the term canvasser. Subdivision 4 Transient Merchant. The term "transient merchant" shall mean a person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering, goods, wares, products, merchandise, or other personal property, and who does not remain or intend to remain in any one location for more than consecutive days. 4Ce\ Subdivision 5 Regular Business pay. Any day during which the City Hall is normally open for the purpose of conducting public business. Holidays defined by State law shall not be counted as regular business days. Section 110. Exceptions to Definitions. (t : The courts have held that the following persons do not create the type of nuisances intended to be regulated by this type of ordinance and are therefore exempt from the above definitions.) For the purpose of the requirements of this ordi ee, the terms 'peddler," "solicitor,' and "transient merchant" shall not apply to any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property, to a retailer of the item(s) being sold by the wholesaler. The terms also shall not apply to any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products such as baked goods and milk, nor shall they apply to any person malting deliveries of perishable food and dairy products to the customers on his or her established regular delivery route. (jam ;. The following exemptions are added for clarification purposes) In addition, persons conducting the type of sales commonly known as garage sales, rummage sales, or estate sales, as well as those persons participating in an organized multi-person bazaar or flea market, shall be exempt from the definitions of peddlers, solicitors, and transient merchants, as shall be anyone conducting an auction as a properly licensed auctioneer, or any officer of the court conducting a court ordered sale. Exemption from the definitions for the scope of this ordinance shall not excuse any person from complying with any other applicable statutory provision or local ordinance. Section 200. Licensing. Subdivision 1 County License Required. No person shall conduct business as a peddler, solicitor, or transient merchant within the city limits without first having obtained the appropriate license from the County as required by Minnesota Statutes Chapter 329 as amended. (Egg: This subdivision is included primarily for notice purposes. Violations of this . provision would usually be handled under State law.) ,Subdivision 2 City License Required. Except as otherwise provided for by this ordinance, no person shall conduct business as either a peddler or a transient merchant without first having obtained a license from the city. (ate: Due to caselaw, solicitors should not be licensed; see the registration requirement under section 300 of this ordinance.) Subdivision 3 Application. Application for a city license to conduct business as a peddler or transient merchant shall be made at least fourteen (14) regular business days before the applicant desires to begin conducting business. Application for a license shall be made on a form approved by the city council and available from the office of the city clerk. All applications shall be signed by the applicant. All applications shall include the following information: a. Applicant's full legal name. b. All other names under which the applicant conducts business or to which applicant officially answers. c. A physical description of the applicant (hair color, eye color, height, weight, distinguishing marks and features, etc.) d. Full address of applicant's permanent residence. e. Telephone number of applicant's permanent residence. f. Pull legal name of any and all business operation(s) owned, managed, or operated by applicant, or for which the applicant is an employee or agent. g. Full address of applicant's regular place of business (if any). h. Any and all business related telephone number(s) of the applicant. i. The type of business for which the applicant is applying for a license. j. Whether the applicant is applying for an annual or daily license. L The dates during which the applicant intends to conduct business, and if the applicant is applying for a daily license, the number of days he or she will be conducting business in the city. (Maximum consecutive days) 1. Any and all address(es) and telephone number(s) where the applicant can be reached while conducting business within the city, including the location where a transient merchant intends to set up business. m. A statement as to whether or not the applicant has been convicted within the last five years of any felony, gross misdemeanor, or misdemeanor for violation of any state or federal statute or any local ordinance, other than traffic offenses. (Sze: Going back beyond five years may be a violation of due process. There is no case specifically on point for this situation so it may be ok to check back beyond five years, but in other areas of law, five years is the maximum amount of time a city can inquire about convictions.) n. A list of the most recent locations where the applicant has conducted business as a peddler or transient merchant. (dote: 3-5 are the most common requirements.) o. Proof of any required county license. p. Written permission of the property owner or the property owner's agent for any property to be used by a transient merchant. q. A general description of the items to be sold or services to be provided. (Note: Unless the selling of an item or providing of a service is illegal under some other law, a city cannot base its decision on issuing a license on what is to be sold or provided.) r. All additional information deemed necessary by the city council. (rote: Some cities require a list of all individuals to be covered by a group license. Other common requirements include: source of items sold and an item's location at the time of licensing and at time of sale, applicant's driver's license number or other acceptable form of identification, license plate and registration information for any vehicle to be used in conjunction with the licensed business and a description of the vehicle, recent passport style photograph of applicant, applicant's date of birth (Asking about age is risky unless the item to • be sold or service to be provided cannot be legally sold or provided by a minor in which case proof of age is required), references (General character references are no longer of much legal value due to their arbitrary nature), and applicant's social security number.) l Subdivision 4 Fee. All applications for a license under this ordinance shall be accompanied by the fee established in the city's fee schedule as adopted from time to time by an ordinance passed by the council. Subdivision 5 Procedure. Upon receipt of the completed application and payment of the license fee, the city clerk shall forward the application to the council within two (2) regular business days of receipt. An application shall be determined to be complete only if all required information is provided. The City Clerk, within two regular business days of receipt, shall determine if the application is complete. If the clerk determines that the application is incomplete, the clerk shall inform the applicant of the required necessary information which is missing. The council shall review the application and order any investigation, including background checks, necessary to verify the information provided with the application. Within ten (10) regular business days of receiving the application from the city clerk, the council shall vote whether or not to issue the license. If the council approves the application, the clerk shall be instructed to issue a license to the applicant. If the council rejects the application, the applicant shall be notified in writing of the council's decision, the reason for the denial, and of his or her right to appeal the denial by requesting, within twenty (20) days of receiving the council's notice of rejection, a public bearing to be heard by within twenty (20) days of the date of the request. The final decision of the council following the public hearing shall be appealable by petitioning the Minnesota Court of Appeals for a Writ of Certiorari. (N : In order to protect the applicant's due process rights, the council must act as quickly as possible. A ten to fourteen day turnaround should be reasonable. Longer delays would need justification. In addition, the proper city appeals procedure (to whom must the appeal be made, deadlines and timeframes, etc.) should be set out in the ordinance.) Subdivision 6 Duration. An annual license granted under this ordinance shall be valid for one calendar year from the date of issue. All other licenses granted under this ordinance shall be valid only during the time period indicated on the license. $ote: A city could elect to have all annual licenses expire on a set day.) Section 210 License Exemptions. No license shall be required for any person to sell or attempt to sell, or to take or attempt to take orders for, any product grown, produced, cultivated, or raised on any farm. (Note: The Minnesota State Constitution prohibits the licensing of farmers selling their own products. Caselaw prohibits distinguishing between the fanner and any other seller of the farmer's products. A number of cities still attempt to license the non-farmers but they do so at great risk of being chittenged in court.) No license shall be required of any person going from house-to-house, door-to-door, business-to- business, street-to-street, or other type of place-to-place when such activity is for the purpose of exercising that person's State or Federal Constitutional rights (i.e., freedom of speech, press, religion etc.) except that this exemption may be lost if the person's exercise of Constitutional rights is merely incidental to a commercial activity. (Note: The courts have held that a person charging or requesting a small fee for a brochure expressing religious, political, ideological ideas, etc. is exempt but that the same person selling candy or flowers on behalf of an otherwise exempt classification could be subjected to licensing requirements.) Professional fund raisers working on behalf of an otherwise exempt person or group shall not be exempt from the licensing requirements of this ordinance. (Note: It has been a common practice for cities to simply exempt all non-profit organizations from all licensing requirements for peddlers, solicitors and transient merchants. Some cities would also like to exempt minors. While such exemptions are generated out of good intentions, they could present serious legal trouble for a city. Under current caselaw, any attempt to treat one classification differently from another classification when both classifications are essentially doing the same thing, makes the regulation highly susceptible to being overturned for being arbitrary and capricious. When the nuisance sought to be regulated is door-to-door type sales, the courts have not cared who is malting the sale. It appears that a city would have a hard time convincing the courts that, from a legal perspective, a non-profit group going door-to-door to sell their goods is any less annoying than a business doing the same thing. Perhaps an argument could be made based on the difference in the public's perception of non-profit door to door sales versus those of retail merchants, but given the fact that the courts have stated that those exempt for constitutional seasons could lose their exemptions if their activities took on a commercial appearance, even when the group in question was a non-profit church, such an argument does not seem likely to prevail.) Section 220. Ineligibility for License. The following shall be grounds for denying a license under this ordinance: A. The failure of the applicant to obtain and show proof of having obtained any required County license. B. The failure of the applicant to truthfully provide any of the information requested by the City as a part of the application, or the failure to sign the application, or the failure to pay the required fee at the time of application. C. The conviction of the applicant within the past five years from the date of application, for any violation of any Federal or State statute or regulation, or of any local ordinance, which adversely reflects on the person's ability to conduct the business for which the license is being sought in an honest and legal manner or that will not adversely affect the health,safety, and welfare of the residents of the City. Such violations shall include but not be limited to: burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person. D. The revocation within the past five years of any license issued to the applicant for the purpose of conducting business as a peddler, solicitor, or transient merchant. E. The applicant is determined to have a bad business reputation. Evidence of a bad business reputation shall include, but not be limited to, the existence of more than _ complaint(s) against the applicant with the Better Business Bureau, the Attorney General's Office, or other similar business or consumer rights office or agency, within the preceding twelve (12) months, or _such complaints filed against the applicant � ,3 within the preceding five (5) years. (Note: A city has a fair amount of discretion in making this determination, but it will need to document some sort of standards used to make its decision. The city is encouraged not to rely on a single complaint.) Section 230 Suspension and Revocation. Any license issued under this section may be suspended or revoked at the discretion of the City Council for violation of any of the following: A. Fraud, misrepresentation, or incorrect statements on the application form. B. Fraud, misrepresentation, or false statements made during the course of the licensed activity. C. Conviction of any offense for which granting of a license could have been denied under Section 220 of this ordinance. D. Violation of any provision of this ordinance. The suspension or revocation of any license issued for the purpose of authorizing multiple persons to conduct business as peddlers or transient merchants on behalf of the licensee, shall serve as a suspension or revocation of each such authorized person's authority to conduct business as a peddler or transient merchant on behalf of the licensee whose license is suspended or revoked. Subdivision 1 notice. Prior to revoking or suspending any license issued under this ordinance, the city shall provide the license holder with written notice of the alleged violation(s) and inform the licensee of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the license application, or if no residential address is listed, to the business address provided on the license application. Subdivision 2 Public Hearing. Upon receiving the notice provided in Subdivision 1, the licensee shall have the right to request a public hearing. If no request fora hearing is received by the city clerk within ten (10) regular business days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of mailed notices, service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated timeframe, a hearing shall be scheduled within twenty (20) days from the date of the request. Within three (3) regular business days of the hearing, the city council shall notify the licensee of its decision. Subdivision 3 Th++ergency. If in the discretion of the city council, iminin +t harm to the health or safety of the public may occur because of the actions of a peddler or transient merchant licensed under this ordinance, the council may immediately.suspend the person's license and provide notice of the right to hold a subsequent public hearing as prescribed in Subdivision 2 of this section. 54--( Subdivision 4 its. Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court. Section 240 Transferability. No license issued under this ordinance shall be transferred to any person other than the person to whom the license was issued. Section 300 Regkstration. All solicitors, and any person exempt from the licensing requirements of this ordinance under Section 210 , shall be required to register with the city. Registration shall be made on the same form required for a license application, but no fee shall be required. Immediately upon completion of the registration form, the City Clerk shall issue to the registrant a Certificate of Registration as proof of the registration. Certificates of Registration shall be non-transferable. (la : The courts have made it clear that a city cannot require formal licensing of solicitors involved in interstate commerce, nor of anyone exercising Constitutional rights. They have, however, indicated a willingness to allow registration so long as the procedure is simple, no fee is involved, and the time involved is l/Imnag.. Cities may want to consider this option because it provides them with a means of knowing who is conducting business within the city and how to contact the person should residents have complaints about the person's conduct or product. The licensing of solicitors not involved in interstate commerce would otherwise be allowable, but the Minnesota caselaw finding it to be arbitrary and capricious to enforce different requirements for different people conducting the same activity, makes it doubtful that such a requirement could be enforced here.) Section 400 Prohibited Activities. No peddler, solicitor, or transient merchant shall conduct business in any of the following manners: A. Calling attention to his or her business or items to be sold by means of blowing any horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible within an enclosed structure. B. Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk, or other public right-of-way. C. Conducting business in such a way as to create a threat to the health,safety, and welfare of any individual or the general public. D. Conducting business before seven o'clock in the morning (7:00 a.m.), or after nine o'clock at night (9:00 p.m.). (New: A city may set reasonable hours for sales. Any time restriction, however, must allow reasonable access to persons during non- traditional workday hours. Courts have struck down restrictions limiting sales to the hours of 8:00 a.m. and 6:00 p.m. because such a restriction precludes reasonable access to the general working population.) E. Failing to provide proof of license or registration, and identification, when requested; or using the license or registration of another person. • F. Making any false or r1ulesuling statements about the product or service being sold, including untrue statements of endorsement. No peddler, solicitor, or transient merchant shall claim to have the endorsement of the City solely based on the City having issued a license or certificate of registration to that person. G. Re inin on the property of another when requested to leave, or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimieigting, or abusive. Section S00 Exclusion by Placard. No peddler, solicitor, or transient merchant, unless invited to do so by the property owner or tenant, shall enter the property of another for the purpose of conducting business as a peddler, solicitor, or transient merchant when the property is marked with a sign or placard at least three and three-quarter ( 3-3/4) inches long and three and three-quarter (3-3/4) inches wide with print of at least 48 point in size stating . . 'No Peddlers, Solicitors, or Transient Merchants," or "Peddlers, Solicitors, and Transient Merchants Prohibited," or other comparable statement. No person other than the property owner or tenant shall remove, deface, or otherwise tamper with any sign or placard under this section. • Section 600 Violations and Penalties. Any person who violates any provision of this ordinance shall be guilty of a misdemeanor and upon conviction of any violation shall be subject to a fine not to exceed seven hundred dollars ($700) or a jail sentence not to exceed ninety (90) days, or both, plus the cost of prosecution. Each day a violation exists shall constitute a separate violation for the purposes of this section. Section 700 Repeal. All ordinances in conflict with this ordinance are hereby repealed. (ale: A city should list any specific ordinance it knows needs to be repealed.) Section 800 Separability. Should any section, clause, or portion of this ordinance be found invalid, unenforceable, or unconstitutional by a court of competent jurisdiction, such finding shall not apply to any other section, clause, or portion of this ordinance, unless the court's findings specifically provides otherwise. Section 900 Effective Date. This °Mims= shall take effect upon publication in the City's official newspaper. Agenda Information Memo June 6, 1995 Eagan City Council Meeting P. MASSAGE THERAPIST LICENSE/MARY McGUIRE LYNCH/ LIFETIME FITNESS ACTION TO BE CONSIDERED: To approve a massage therapist license for Mary McGuire Lynch to practice therapeutic massage at Lifetime Fitness. • FACTS: Lifetime Fitness has previously received an establishment license permitting massage to occur on the premises. City Code requires that each massage therapist likewise be licensed. The application has been reviewed by staff from the Police Department and no reasons have been identified to deny the application at this time. ATTACHMENTS: Application for license enclosed without page number. O. COMMERCIAL REFUSE HAULER LICENSE/UNITED WASTE TRANSFER INC. ACTION TO BE CONSIDERED: To approve a commercial refuse hauler license for United Waste Transfer Inc. FACTS: The City currently has a moratorium in place for additional residential hauling licenses pending the outcome of the organized collection study by the Solid Waste Abatement Commission. This does not apply to commercial hauling licenses. United Waste Systems' application has been reviewed by staff and is in order for consideration by the Council. ATTACHMENTS: • Application for license enclosed without page number. 7 Agenda Information Memo June 6, 1995 Eagan City Council Meeting R. CITY CODE AMENDMENT/CHAPTER 10/DOG LICENSING RENEWALS ACTION TO BE CONSIDERED: To amend City Code Chapter 10 to change the dog license renewal period from one year to two years with renewals in even numbered years. FACTS: The City's Animal Control Division has determined that annual licensing of dogs can be replaced with a bi-annual licensing system. ATTACHMENTS: Ordinance amendment on pages 5-7 throug . 51 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIME & OFFENSES" BY AMENDING SECTION 10.11 REGARDING ANIMAL LICENSING AND RABIES VACCINATION; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 10 is hereby amended by changing Section 10.11, subd. 3(B), to read as follows: B. Period and Fees.All dog licenses shall expire on February 20 of each even-numbered year and shall become delinquent on February 21 in each even- numbered year or within six months after the dog's birth. All fees for the licensing of dogs and impounding of dogs and cats, including penalties for late application, shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such fees may from time to time be amended by the Council be resolution. A copy of the resolution setting forth currently effective fees shall be kept on file in the office of the City Clerk-Treasurer and open to inspection during regular business hours. Section 2. Eagan City Code Chapter 10 is hereby amended by changing Section 10.11, subd_ 10(A), to read as follows: Subd. 10. Rabies Control. A. Inoculation. Any owner of a dog or cat over six months of age must have such dog or cat inoculated against rabies in accordance with this Subdivision and possess a certificate of a veterinarian duly licensed to practice veterinary medicine within the State of Minnesota which certificate shall state that the dog or cat has a current•inoculation against rabies. Any dog vaccinated with a modified live or =trimmune killed rabies vaccine shall be revaccinated at no more than 24-month • intervals; any.dog vaccinated with any other killed rabies vaccine or while under _ twelve(12) months of age shall be revaccinated at no more than 12-month intervals. Any cat shall be revaccinated at no more than 12-month intervals for any and all types - . of vaccines used. 5-7 Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation' and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: • • • 6%° Agenda Information Memo June 6, 1995 S. CONTRACT 95-06. 1995 SEAL COAT PROGRAM ACTION TO BE CONSIDERED: Approve the plans and specifications and authorize the advertisement for competitive bids . FACTS: • Annually,the City performs a chip seal surface treatment(sealcoat)to selected streets within our community. • The detailed plans and specifications to perform this contractual work for 1995 have been completed by staff and are being presented to the City Council for their consideration of authorizing the advertisement for a competitive bid opening to be held at 10:00 a.m., June 30, 1995. ATTACffi1IENTS: (1) • Map of City showing location of the streets to be sealcoated -pages CP2-through(�J , 4. Q I �' �, r ROYAL f s. I r .� ?�Y P I1T-- •►� /i kT . i C LL RfYAeu 0)C"'4• 401, .1 '1. --M.l ,•; • ) ii° .2 Mir.,-. d" vim. • I.; `.�' C: p Ay 5'R �f�1 4 :y --Voce ie :,••. 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L. - — - — —,-360 fJF5TW00E ,{F . •,' _ \ I 3 AY WA 1 A \ ;',...sr` q 'Ili.' 2. . tell, '1 $ 'mac V ti FISH rAL • WA +.Y DTi , vElioor ry sw+,+ aE T I r A T I '' -1:4;>44r• ''r... SeL 4r. i ^t 4.I V Y C0. 0 f\ �� C WESOOTT WOAD Mr ,: Y 'q� � :�,«�yyr �I •\ R lr� 1' .:r p. . •�`'' L� V� ,e: •Ate! .ter +''� E• �" L11�'r 7 O s H ., . ,1',• . YEAS / Rq':.s( 404; br I . 1 - k I I �' 13, V „T �i QTCO. • (�Af 616. c a4E. ' • ARTHY I. . _ _�� p� . s f Ici:), 5\) (. . ....1 0 4., 1 / 1.N.- Ftm I ir\ ii,,• 0 k �� /41,it ` aqR; � 1 0,-, -w ( l tl e.6 "",6, 1995 SEALCOAT NW 1/4 2300 1850 MENDOTA HEIGHTS 155• 141•00 260 _ _ r —TF1151A ,'.N I / O g en I 3L 3 . CORPORATE Cft u l('nPPflGATT maul cul■ �pK I ri •YI 280q — — — — — — .\0- f• vim .VL OWiEW C dl 1EJ,P� V 4d GI •Y AV ~ E 'ti . , • sou �,�t� �O I i'st . . I �<' I 2 t J�3001 — — — — — _ o'r oAC RnAn� co.PO ae �— c(:) . I, . C "\ c I cf ��•� ..a. RID •M. AD L 1' TOMCMEM R*I, • RD. r MKS �� I ' 3200- - - . 7 - - - - `,. - - - _ E' :. 1 o� o . , ...„., — — 'GO LfnToRE Si.o n I I G S = 11 `L�x r I I I j < I 1 0 l G _ •O( Ri Y g 74/ YANKODODLE ROAD / 340 - - - _ I , Q , 0 I 4t 501 0 I r _ I M�NNE �' I ''q 1 0� I 1 ROYAL d W , OAK I - - �_441000,:x...m I ® PP r- EA,E �' � 360 —18--4t` — km„ocr f� • .14 Vr-- RYLLO ULJ 'i FISH I I I Ei*Hz.; .• .�cE 'ROAO 1 1 A. r• Cl ZIIR MS B. • ✓SLYER e .4. ., .38081 - avER—../ �� ,t l . y � ^ WY >• � xCAS k . ( C. � .. Ai it . „ 0`I'/ .'k.-' (�J 1 V, •5 Faun • 6N — - ... epeir„,,r......,400 :� — T "OM! !.:•. . . Y �' SI 1. �� TACORIIE•TRAIL ,�.� �yo�� 7k._,L_ � i61 • o � uK IARF r a �� j 1M • � I PAIN r 1 i j r .a I .1. C Y v Clo J - AA - /. ?MOM • .."all ci y• S• I' i 1/•`T ..". S J A ri • Agenda Information Memo June 6, 1995 T. PROJECT 6618 SIBLEY TERMINAL YANKEE DOODLE ROAD AUDIT ACTION TO BE CONSIDERED: To receive and accept the Public Works Committee recommendations regarding their audit of costs for Project 661R(Sibley Terminal Yankee Doodle Road). FACTS: • On April 18, 1995,the final assessment hearing was held for Project 661R for the improvements to Yankee Doodle Road within the Sibley Terminal Industrial Park. After a few questions by one affected property owner,the Council approved the assessment roll as presented and certified the assessments to Dakota County. • At the May 2 Council meeting, Mr. Mike Gresser raised several questions regarding the administrative and engineering fees associated with the project and demanded that the City conduct an investigation. • The City Council directed the Public Works Committee to perform an audit of all nonconstruction related costs charged to the project. The Public Works Committee met at 4:30 p.m. on Tuesday, May 16 and are presenting the results of their review to the City Council. ATTACHMENTS: (1) • Minutes of the Public Works Committee meeting of May 16, 1995 -pages 6-AhroughC f (O. 6, PUBLIC WORKS COMMITTEE MEETING May 16, 1995 MINUTES The Public Works Committee of the City Council met at 4:30 p.m. on Tuesday,May 16, 1995, in the Police Facility conference room. Those present were Councilmember Ted Wachter (Chair), Councihnember Shawn Hunter, City Administrator Tom Hedges, Finance Director Gene VanOverbeke, Public Works Director Tom Colbert, Assistant City Engineer Mike Foertsch, along with Steve Gatlin and Greg Stonehouse of MSA Consulting Engineers, Inc. Although the meeting was open to the public, none were in attendance. The meeting was called to order by Chairman Wachter with the agenda being identified as a review and analysis of the expenses associated with Project 661R(Yankee Doodle Road and Sibley Terminal Industrial Park - Street Rehabilitation). With no other business items identified, the meeting proceeded with that item of discussion. Chairman Wachter questioned whether the meeting had been noticed. City Administrator Hedges responded that the meeting date and time had been set at the May 2 Council meeting and had been properly posted as a public meeting. However, no mailed notices were sent to any individuals. Committee member Hunter indicated that the packet of information that had been prepared by staff summarizing all the various nonconstruction related costs associated with this project was well documented and compiled in a manner that made it very easy to review by the Committee members. He then proceeded with several questions of the consulting engineering firm as to how their services were broken down and identified on various invoices. Reference was made to the March 22, 1995, letter from MSA summarizing a breakdown of costs between preliminary design, final design, specification preparation,construction management, inspection services, etc. Steve Gatlin, of MSA, Inc., provided a response to the various questions and inquiries regarding the relationship between tasks and invoice billings. MSA was complimented on the level of detail provided regarding their invoices, summary breakdown, and field notes available for review. Public Works Director Colbert went on to provide additional explanation regarding other indirect costs beyond engineering expenses, a typical schedule and process for public improvements incorporating public hearings, contract awards, construction and final assessment roll preparation, and the nonproportionate relationship of engineering fees to project costs(i.e. the smaller the project the larger percentage of engineering fees, the larger the project the smaller the percentage, etc.). At the conclusion of reviewing all related costs, the Public Works Committee provided the following recommendations, findings, and/or conclusion: 1 1. The information provided by staff was complete,thorough, and accurate. 2. All the information provided was thoroughly reviewed and analyzed by the Public Works Committee prior to and during the meeting. 3. The information provided indicated reasonable engineering efforts were performed on this specific project. 4. The Committee recommends including the project phase by name(preliminary engineering, construction inspection, etc.) on future engineering invoices rather than just numeric code numbers. 5. Significant engineering efforts were provided and, subsequently, billed to the project as necessary to answer specific questions from the owner in response to a project that changed scope five times through the course of the project. 6. The time frame for final assessment hearings was scheduled and published. Furthermore,the later the hearing,the more advantageous to the property owner on this project. Hence,the time frame from the project completion to the final assessment hearing was reasonable. 7. It is noted that the engineering consultants attended the Public Works Committee meeting as a professional courtesy to the City and at no cost. The results of this Public Works Committee meeting will be presented to the City Council at the next available Council meeting for their acknowledgment and acceptance. There being no further business to discuss,the meeting was adjourned at 5:25 p.m. Respectfully submitted, (41/ — Z�'-c•u�-I /V- hector of Public Works TAC/jj PublicWluCmtdminuteLm 16/jj 2 (Q ' Agenda Information Memo June 6, 1995 Eagan City Council Meeting U. APPROVE APPOINTMENT OF CITY'S FISCAL CONSULTANT ACTION TO BE CONSIDERED: To approve the appointment of the City's fiscal consultant; to provide staff with additional direction regarding the appointment; or to continue the selection to a later meeting. FACTS: The City Administrator and Director of Finance are meeting with Dave MacGillivray of Springsted on Friday, June 2, 1995. After that meeting, information will be sent to the City Council with Monday's Additional Information packet. The selection process has become more complicated than anticipated. Staff will be asking the City Council to: a) approve a recommendation for selection; b) provide additional direction; or c) continue the selection to a later meeting. l� [ Agenda Information Memo June 6, 1995 A. VACATION OF DRAINAGE& UTILITY EASEMENTS VILLAS OF VIOLET LANE ACTION TO BE CONSIDERED: To close the public hearing and approve the vacation of miscellaneous drainage and utility easements as described within the Villas of Violet Lane subject to the following condition: 1. Adequate replacement easements are conveyed to the City and recorded at Dakota County. FACTS: • On May 2, the Council received the petition to vacate public drainage and utility easements as described within the Villas of Violet Lane Addition. The Council then scheduled a public hearing to be held on June 6 to formally consider any concerns associated with this request. • The developer has requested this vacation to accommodate a replat(Villas of Violet Lane)which will be processed for Council approval in the near future. This replat provides for a shift in lot lines to accommodate a larger building model on Lot 14. • All notices have been published in the legal newspaper and sent to all potentially affected utility companies informing them of this public hearing. As of June 1, staff has not received any objections from any utility company or property owner. The application for the replat of the 2nd Addition will not be processed for Council consideration prior to June 20. This replat is necessary to reconvey various drainage and utility easements that are incorporated in this total "blanket" description. ISSUES: •, After an internal review by the Public Works Maintenance Division, it was discovered that the grading plan for the 1st Addition encroached into an existing utility easement resulting in a sanitary sewer manhole being inaccessible to Maintenance equipment. As a condition of replacing vacated easements, staff is working with the developer to also provide an alternate access easement to be conveyed/dedicated with the proposed replat of the 2nd Addition. Because this replat and the related approval requirements have not been processed yet, it is premature to proceed with the public hearing process. Subsequently, staff is recommending that the public hearing be continued to June 20 at which time the final plat for the 2nd Addition is proposed to be presented with all the staff's concerns properly resolved. ATTACHMENTS: (2) • General location map -page 7 . --7 • Legal&graphic description of easement vacation-page / �- '70 _ _ - - 1 %r t SW� 1 • SKYLINE m I rx� �� ', �5.r,•• �.:' CI DefURE TR. , ' •�! 9Y,RME MTNPI� ■NY/IE 54.$. A G +. 1 ab / I . . . . (.., F C'C'p�r • w (� LC/p ;CPI 1 ,0 IaAnaa VIEW'• $. i.Nw AE0 ¢o' — \riN..-C_ t ' rjL I ��' " a I JI ouAANr `, NE l owANr .I' . (4:41:--anril 111 2 li 1.1 .. '''''''' •• I �!Ci ��/II \ o NIGH t OA na • w s ''', WOt J Y • 11P ICE / i TAIYAAC S" SW 2-N11CN R / a �j •w QUARRY Wi b-MMIM1 R. \/// y PARK•• i er . \\VVII •• .SPRUCE►T. • ...11, ►AN OOOOININE 0 a. N Y IL ^� t5 �J I ///j CCNTAY wATfR i T, 0-�./ y TREATMENT NE ay FALL/TYNw �l:a Nw III=� O'If.ARY PARK--• • 6 )...v� / d KY RILL. .� FauL/Tr `�1 I - w2 ¢ b'e'::/ w.yi Hag '►O Lj a./ A1v LA1vE� a ♦ r ��aaa777 z J*4 I I \-a 1;^' . J " `,,(b au..•u<__ q s .`k'4��' /L rESTNIDGE 'A cll ��A 'al(.,...9'.: 1\.N,,„„„Er I�- % - -Yx I u I ^1 C� CT .Licit/. }'C•.,• - `'I +rLLO LA JI 'Os3 er.-.4 1 . u -- JIli: I' . =U i1 T -•I G. G'•♦\4 II E 1-. / 4�0, � CIfNA .Nl _(I I,.,..••• s O. I� �J� v A HI nG- ` 1 I/RE.0fPr ••MI) 'I. ' ��r1!"rt F� -1r.� ...y.--, °JA:r w COMM. •. is/ , 4t +s I`��, r \--- I{ ?WATT ;.� yf >< y l '' i�V L✓ �AAIL C. rim ' rrw --- .�• I I T .�E'Ts"E �� r •� ao. C • • - ' ,1I S/ir .wI1F :� ESC0T7 __- IN•�, .. ▪ TANS I rl► EAOAN o i MbN►CJPAL I Ti - ,►,, _ wMOGA[S7 sc GEST�, N•S W NE MwInF NE j , N /moo]. �' _ w 5. 1 new ,;. I . i tip xNW. 2r4 �j..-• g( AVC. .1 In 6 0411.7, OK• 1TAWrILLLI.AvEI l. _- + •"• '� .. III °.•`'c.'�'►O� -- '1- . 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M:•:::::::.:......0. ....:,.:• -..J. 1-........... 4., CWOCC 3.10.36.00 3 / / I - •••••• 91 '33S JO P/1 IN I 3111 40 1'4 '3 3H1 JO 31111 1S3N / / P.. : I / .n. / ,..,. • 1 I •.al z,.0 • i = ••(/// ' ".• .1-.3 :.■ 0 :E I E 1 :1 ', 1 ;..: :: a... .....t,t, - ..., • ..'. i :.: .I. 0 :: ... .1 :.: ‘..• Oa •1 I .....••I ta Sla ... .0. : 1 S Z IV, 14 ta.0 a a IA •- I 4. OC 0 Laa ,.., ......% I-. 7 a ,_ , Agenda Information Memo June 6, 1995 B. PROJ 665.BLACIHAWK RD ST REHABILITATION FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: To close the public hearing and approve the modified final assessment roll for Project 665 (Blackhawk Road- Street Rehabilitation)and authorize its certification to Dakota County. FACTS: • On January 25, 1995, the Council closed the public hearing and approved the reconstruction of Blackhawk Road from Deerwood Drive to TH 13. • On May 2,the Council received the final assessment roll and scheduled a final assessment public hearing to be held on June 6, 1995. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing along with the amount of their proposed final assessment. • On May 9, 1995,an informational neighborhood meeting was held to review the final assessment amounts and any construction related concerns with interested property owners. Attached is a summary of the meeting where one property owner attended. • Formal appraisals were performed on 8 representative properties prior to the project beginning. Attached is a summary of their evaluations indicating the maximum assessable benefit which was used in preparing the final assessment roll. ISSUES: • Since the roll was prepared and presented, it has been discovered that the proposed assessments to Parcel 10-01700-010-81 (Pomroy @ Robin Lane and Blackhawk Road), at$3,500, exceeded the appraised maximum benefit of $2,000. Staff is therefore recommending that the final assessment roll be modified to reduce the amount of the assessment for this parcel prior to approval by Council action. ATTACHMENTS: • Neighborhood meeting summary-pages • Summary appraisal memo-pages • • Assessment roll-pages °C) -- 1�. -- - :yi'w� . MEMO __city of eagan TO: FILE FROM: MIKE FOERTSCH, ASSISTANT CITY ENGINEER DATE: JUNE 1, 1995 SUBJECT: CITY PROJECT NO. 665 - BLACKHAWK ROAD FINAL ASSESSMENT INFORMATIONAL MEETING On May 9, 1995 at 6:30 P.M. in the lunchroom of the Central Maintenance Facility, the City staff invited property owners associated with final assessments on Blackhawk Road to an informational neighborhood meeting. Mike Foertsch and Stan Lexvold represented City staff, John Gorder and Craig Larson represented Bonestroo, Rosene, Anderlik & Associates, and Jerry Wobschall, Financial Consultant to the City was available to answer any questions regarding the preparation of the Final Assessment Roll. One resident was present at the Informational Meeting, Mr. Bob Saleck of 3741 Blackhawk Road. Mr. Saleck had the following concerns: ■ The $3,500 proposed assessment is too high and a $3,000 assessment would be more equitable. The $3,500 assessment amount was determined by appraisal. ► Mr. Saleck wanted a senior citizen discount. The City code allows for a senior citizen deferral if certain conditions are met. ■ Mr. Saleck thought it was unfair that the property owner adjacent to him received no assessment for Blackhawk Road because of the elimination of a driveway on Blackhawk Road. Current special assessment policy for reconstruction provides for street reconstruction assessment to single family residential properties along the street which the property takes its driveway access. ■ Mr. Saleck wanted Blue Cross and Blue Shield to pay for the street because most of the traffic on Blackhawk Road is going to Blue Cross and Blue Shield. Blue Cross and Blue Shield paid for the total cost of the reconstruction on Blue Cross Road as well as their frontage along Blackhawk Road. '7 L-( • Mr. Saleck has problems getting in and out of his driveway due to the new street and the increase in traffic because of the road reconstruction. Mr. Salecks property is adjacent to a community collector street within the City and the appraisal amount for the reconstruction took into consideration the type and classification of roadway adjacent to his property. • Mr. Saleck thought it was inequitable that the street be moved to the west to accommodate a trailway because of the objections of a single property owner along the east side. (Kramer). The street location was chosen in an area which had the least amount of impact to properties on both sides of Blackhawk Road. In addition, the standard eight-foot boulevard width between curb and trailway was reduced to four-feet in this area in an effort to minimize impacts to the adjacent properties. • Mr. Saleck had concerns with the length of time it took to repair the leaky curb box adjacent to his property as well as the failure of the retaining wall adjacent to his property as a result of the curb box leaking. The leak was detected in the water service at the end of November, 1994. The water service was repaired in a timely manner but the restoration could not be completed in 1994 due to the lateness of the season. • Mr. Saleck wanted a time frame in which the restoration would be completed. Mr. Saleck was informed that the restoration would be completed as soon as possible. The meeting adjourned at approximately 8:00 P.M. It appears that Mr. Salecks concerns associated with the repair of the curb box have been resolved. Please refer to the attached, May 19, 1995 memo from Stan Lexvold to Tom Colbert. Assistant City Engineer MF/cb Attachment: Memo ,if 'ir64lir1;4�'1,, ;,S.i ;11111,1 h.11.11' y ' MEMO _city of eagan TO: TOM COLBERT, DIRECTOR OF PUBLIC WORKS FROM: STAN LEXVOLD, CONSTRUCTION SUPERVISOR DATE: MAY 19, 1995 SUBJECT: RESPONSE TO RESIDENT'S CONCERN ABOUT BLACKHAWK ROAD PROJECT Friday, May 12, 1995, I received this request form from Administration. I then discussed this with John Gorder and decided it was best that I go out and contact this resident. It was 3:30 P.M. on Friday afternoon when I was at their house discussing their concerns with Bob Saleck. The following is a list of items that he has been upset about. • The road shifting to the west for trail installation on the east side. • Because the centerline shifted west, a retaining wall was needed at the property line because of the steep yard. • The water service had to be lowered due to the depth and also because of the wall installation. • The curb stop developed a leak due to the lowering. • The curb stop leak was repaired last fall. • The sod could not be repaired last fall because it was too late in the year. • The curb stop is real close to the retaining wall. • The curb stop repair was dug mostly by hand because of its proximity to the retaining wall. • The retaining wall settled because of curb stop repair. • The retaining wall was repaired early this Spring. • Dead sod in front of his house. • His yard was one of the first to have the dead sod removed. • The contractor used his flat boulevard area near the retaining wall to store black dirt while they were removing more of the dead sod on the west side. He was apparently told that he was going to get his yard sodded sooner than when it really happened. I tried to explain to him that the contractor has to prepare an area before the sodding would begin. He was very upset about that. • Very few people use the trail. • He is retired and on a fixed income. • The $3,500.00 assessment is far too high. • Upset about his neighbor Diane Castellano that she doesn't get assessed. - I told him what the assessment policy was. • I told him it appeared that the sod would be laid on Saturday. • It rained some on Saturday, 5/13/95. • The sod was laid either on Saturday, 5/13/95 or Monday, 5/15/95. • When I left his place he told me that this is the last time he is going to call and that He is going to go out of town for a few days. • The yard is complete now and looks good. I have only spoken once briefly to Bob Saleck prior to this meeting. I have not had any written correspondence with this resident. Construction Supervisor SUcb MEMORANDUM TO Mike Foertsch, Assistant City Engineer PROM: Annette M.Man vit,Assistant City Attorney DATE: May 9, 1995 RE: Appraisals for Project No. 665 Our File No. 206-11923 The following is a list of parcels that were appraised. 1. The Undeveloped Properties; Hillcrest Development 2 3595 Blackhawk Road; Brown 3. 3645 Blackhawk Road;Kaysen 4. 1750 Blackhawk Road;Kremer 5. 3755 Blackhawk Road;Pommy 6. 3760 Blackhawk Road;Rathman 7. :39U xlackhawk Road;Kwiatkowski 8. 3935 Blackhawk Road;Simon We originally had also sought to get appraisals on 3745 Blackhawk Road and 3730 Blackhawk Road, but the appraisers were unsuccessful in gaining access to those homes, so we substituted 3760 for those two.Additionally,the appraiser was not able to get access into the homes at 3595 Blackhawk Road nor 3935 Blackhawk Road. Two appraisers were used for the samples. One appraiser did the Simon,Kramer, Pommy,Brown and Hillcrest properties.The other appraiser did the Kwiadcowsld, Rman and Kaysen properties. These two appraisers also did the appraisals for the Cedar Grove area.The combined data of the appraisers led to the conclusion that reconstruction of the street by itself was a benefit of$1,500.00 per lot equivalent to each parcel That is the same benefit for reconstruction that the appraisers attributed for reconstruction in the Cedar Grove arca. However,they believe that an additional assessment is appropriate for the concrete curb and gutter in the sum of$2,000.00. The curb and gutter adds additional definition and drainage capability. Thus,parcels for which concrete curb and gutter has been constructed will be assessed$3,500.00 per lot equivalent and parcels which did not receive concrete curb and gutter will receive a $1,500.00 per lot equivalent. AMM/wkt F' A.Z. 'ASSESSMENT BEARING PROJECT NO BER: 665 ASSESSMENT BEARING ATE: June 6, 1995 SUBDIVISION/AREA: Blackhawk Road PUBLIC BEARING DAZE: January 25, 1994 Il7ROVraanrs INSTALLED AND/OR ASSESSED: F.B. • Fusibility Report FINAL P.R. FINAL F.R. SANITARY SEWER RATES RATES STORE SEVER . RATES RATES ❑Trunk ❑ Trunk Laterals $34.90/L.F. N/A ❑ Laterals 0 Service $871.44/SVC N/A ❑ Lat. Benefit/ Trunk ❑ Let. Benefit/ Trunk WATER STREETS ❑Trunk ❑ Gravel Base ❑Laterals El Surfacing $ 3,500/Lot $3,987/Lot Service $959.14/SVC N/A ❑ Res. Equiv. ❑Let. Benefit/ ® Multi Equiv. $37.84/F.F. $52.94/F.F. Trunk ® C/I Equiv. $59.46/F.F. $67.02/F.F. ❑WAC ' ❑ Trail SERVICES STREET LIGHTS ❑ Water & San. Sewer ❑ Installation ❑ Energy Charge CONTRACT * OF INTERFST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED 94-03 141 15 $324,163.60 F.R. $1,128,744 F.R. Yrs. 7.0 ; $236,542.26 $940,560.79 COl42NTS: • 7 7 MEMO city of eagan TO: DEANNA KIVI, SPECIAL ASSESSMENT CLERK FROM: GERALD R. WOBSCHALL DATE: APRIL 4, 1995 SUBJECT: FINAL ASSESSMENT ROLL PROJECT NO. 665 BLACKHAWK ROAD STREET AND DRAINAGE IMPROVEMENTS The City Council at the conclusion of the public hearing on January 24, 1994 ordered Project 665. According to the feasibility report the following improvements were to be constructed and/or assessed. The improvements are installation of two gate valves, repair of existing shutoff valves, bituminous trailway, storm sewer laterals, and street reconstruction including new curb and gutter. Subsequent to the Public Hearing, the City retained appraisers to evaluate the impact of the improvement upon the affected properties. The appraisers expressed the opinion that properties with existing curb and gutter would benefit in the amount of$1,500 per lot equivalent, parcels with new curb and gutter would benefit in the amount of$3,500 per lot equivalent, and the multi-family and commercially zoned parcels would benefit at least to the extent of the amount of the proposed assessment. Prior to the completion of the plans and specifications utility improvements were requested to serve two properties. Those improvements were included in the contract and constructed. The utility improvements are included in this assessment roll. The utility assessments will be included as part of this assessment roll. Construction is being completed under Contract 94-03. Final payment has not been made to the contractor at this time. The assessment hearing is scheduled for June 6, 1995. The following information was used in the preparation of the assessment roll. 2 v I. PROJECT COST Construction Other Easement Improvement Improvement Costs Costs Costs Costs Sanitary Sewer $ 13,681.92 $ 4,327.15 $ 18,009.07 Lateral Sanitary Sewer $ 3,310.25 $ 1,046.93 $ 4,357.18 Service Water Service $ 5,100.75 $ 1,613.20 $ 6,713.95 Street Reconstruction $786,885.54 $248,865.05 $ 9,145.13 $1,044,895.72 With Curb & Gutter Bituminous Trail $ 44,772.05 $ 14,161.40 $ 58,933.45 Upgrades $ 10,575.00 $ 3,344.53 $ 13,919.53 Intersection Light $ 23.000.00 $ 7,274.15 $ $ 30.274.15 Total $887,325.51 $280,632.41 $ 9,145.13 $1.177,103.05 H. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. UTILITY AND STREET IMPROVEMENTS 1. Sanitary Sewer Lateral Two sanitary service lateral improvements were installed to provide for future development of abutting properties. The lateral improvement was constructed at a cost of$13,681.92. Other costs in the amount of$4,327.15 were added to the construction cost which results in an improvement cost of$18,009.07. The assessment rate was determined in the following manner: IMPROVEMENT COST ASSESSABLE UNITS ASSESSMENT RATE $18,009.07 516 L.F. $34.90/L.F. 3 2. Sanitary Sewer Services Five sanitary sewer services were installed to provide sewer to five proposed residences on the abutting property. The services were constructed at a cost of$3,310.25. Other costs in the amount of$1,046.93 were added resulting in an improvement and assessable cost of$4,357.18. The assessment rate was determined in the following manner: IMPROVEMENT COST ASSESSABLE UNITS ASSESSMENT RATE $4,357.18 5 Services $871.44/Service 3. Water Services Seven water services were installed to provide water to one existing and six proposed residences on abutting properties. The services were constructed at a cost of$5,100.75. Other costs in the amount of $1,613.20 were added resulting in an improvement and assessable cost of $6,713.95. The assessment rate was determined in the following manner: IMPROVEMENT COST ASSESSABLE UNITS ASSESSMENT RATE $6,713.95 7 Services $959.14/Service During construction, it was discovered that a water service had previously been installed to the property. This water service was not shown on the City's Utility Record Plan. Because of the existence of the water service only 6 services will be assessed. The cost of the 7th service will be financed by the City's Public Utility Fund. 4. Street Construction Street improvements including curb and gutter, street drainage, and surfacing were constructed at a cost of $786,885.54. Other costs in the amount of $248,865.05 and easement costs in the amount of $9,145.13 were added to the construction cost which results in an improvement cost of$1,044,895.72. a. Single Family Residential Assessments In the feasibility study it was proposed to assess $2,073.00 to single family residential parcels with existing curb and gutter and $3,987.00 per lot equivalent to those parcels without existing curb and gutter. Based on the opinion of the appraisers retained by the City these assessment rates were changed to $1,500.00 per lot and $3,500.00 per lot equivalent respectively. b. Townhouse i.e.: Low Density Residential Property According to City policy, 75% of the cost to reconstruct the street is assessable to the abutting properties. The construction cost of the improvement was determined to be $280,179.60 without the cost of curb and gutter. Other costs in the amount of $88,620.81 were added resulting in an improvement cost of$368,800.41. The assessment rate was determined in the following manner: 4 IMPROVEMENT COST ASSESSABLE UNITS ASSESSMENT RATE $368,800.41 X .75 7,308.80 F.F. $37.84/F.F. c. N n-Residential Zoned Property The assessment rate for the other zoned property abutting Blackhawk Road was computed based on construction costs of$330,139.60. Other costs in the amount of$104,423.16 were allocated resulting in an improvement cost of$434,562.76. The assessment rate was computed in the following manner: IMPROVEMENT COST ASSESSABLE UNITS ASSESSMENT RATE $434,562.76 7,308.80 F.F. $59.46/F.F. 5. BITUMINOUS TRAILS An 8 foot wide bituminous trail was installed on the east side of Blackhawk Road at a construction cost of$44,772.05. Other costs in the amount of$14,161.40 were allocated resulting in an improvement cost of $58,933.45. 100 % of the cost of the trail from Deerwood Drive to Trunk Highway 13 is eligible for reimbursement from the Municipal State Aid Fund. This improvement cost will be financed by the City's Major Street Fund. 6. UTILITY UPGRADES a. Sanitary Sewer Renewal and Replacement The sanitary sewer improvements consisted of reconstruction of 15 manholes to 27 inch diameter at a cost of$5,670.00. Other costs in the amount of$1,793.08 were allocated resulting in an improvement cost of$7,463.08. It is proposed for this improvement to be financed by the Sanitary Sewer Division of the City's Utility Fund (i.e. Operations). b. Water Renewal and Replacement The water improvements consisted of the installation of 3 valves and the repair of 7 curb stops and boxes at a construction cost of $4,905.00. Other costs in the amount of $1,551.45 were allocated resulting in an improvement cost $6,456.45. This improvement will be financed by the Water Division of the City's Utility Fund (i.e. Operations). 5 7. INTERSECTION LIGHTS Intersection lights were upgraded to City standards as part of this project at a construction cost of $23,000.00. Other costs in the amount of $7,274.15 were allocated resulting in an improvement cost of$30,274.15. The feasibility report called for this improvement to be financed by the City's Major Street Fund. D. ASSESSMENT SPREAD The special assessments are spread to the abutting and adjacent parcels. E. ASSESSMENT TERMS The assessments for this project are to be spread for a term of 15 years at an annual interest rate of 7.0% on the unpaid balance. III. CITY REVENUES (RESPONSIBILITIES) IMPROVEMENT ASSESSMENT CITY'S IMPROVEMENT COST REVENUE RESPONSIBILITY Sanitary Sewer $ 18,009.07 $18,008.40 ($ .67) Lateral Sanitary Sewer 4,357.18 4,357.20 .02 Service Water 6,713.95 5,754.84 (959.11) Street Reconstruction 1,044,895.72 208,421.82 (836,473.90) With Curb & Gutter Bituminous Trail 58,933.45 (58,933.45) Utility Upgrades 13,919.53 (13,919.53) Intersection Lights 30.274.15 (30.274.15) TOTAL $1,177,103.05 $236.542.26 ($940,560.79) 6 T-/ The following funds will provide financing for the listed improvements. Major Street Fund $ 925,679.15 Sanitary Sewer Division of the Utility Fund 7,463.08 Water Division of the Utility Fund 7.418.56 TOTAL $ 940,560.79 Gerald R. Wobschall -ev'.= red: Reviewed: Public Works Department Finance Department Dated: 1/0`1 Dated: cc: Thomas A. Colbert, Director of Public Works E. J. VanOverbeke, Director of Finance/City Clerk Jim Sheldon, City Attorney Tom Pepper, Assistant Finance Director Ken Vraa, Director of Parks and Recreation 7 W N________ t O er Mae 4, /?pt MOLL imam Ma MAT•O OM CO‘ e*,. AO A' _ NU a. as M \ — — • ... . ..I .... . rA ,s 3 ,a N. T mu • Ilk « I n • -•GE VEW ACRES M li r M Z . 4 7� ,m 010-79 • * .,, S . • * g % a • * 76 •r. W NW • * � • * \tit w 111 �. M ` Y M M' ''...E 4 M . ¢ �• y M u ' • ° 1 O - it. ... on ; .~v u° LEGEND a; ,� — „A. -; ,::: * SANITARY SEWER SERVICE Oo* =' . �, µ,, o�^ • WATER SERVICE '0,1,,,, Ooo °�°° __ - ____� ,s`' r.J \ SANITARY SEWER LATERAL w%, °Q�°°°� a o, a • C.2 O as�2, al a li PR O�0 Q• 0 0 �p; t 010-76 WW1 EMU= J SILVER BELL ROAD BLACKHAWK ROAD PROJECT 665 UTILITY ASSESSMENTS ,S)(t . . • VV �� SAD 4� LOT 3 o Q. a.ocK 1 BLUE N............._ ot. �� CROSS �: �. BLACKHA Wk ADD. - ,`. 996.59' RO ki 410111P" . ' 1 '10 Gj 1 L.E. /% 3 L.E. 011-02 011-02 • PDX ‘. ' .1 ' i ' ' .. S 010-7r 2 • ..w ra 2 L.E. , ...... C74\■ � 1 L.E. �� , R i .... '� � y , • IiIDGE VIEW ACRES 030-73 / 2 L.E. 1. t . . . ea S1 I . . . 5 L.E. / 011-75 2 L.E. 1 L.E. - 030-75 am. swap -• 1 L.E. 040-75 w � 1 L.E. • 050- �, 1 L x 1 L.E.79 N1 L.E 050-75 po 640-30 i 1 L.E. LEGEND ��°'N _ ' ` u:3,12: 1 J1 / 070-75 1 >... _ L.E. # of LOT EQUIV. 0 $ 3,500 %' 2 `E 1 L.E. 4 u 010-75, $ 59.46/F.F. mon 1 % ..,, • • • • $ 37.84/F.F./w.o. CURB '°'�r 4 sum= p a q �i °�� v---,--,,A STREET RECONSTUCTION oo o ,i1 q, a o; 2 e NEW CURB & GUTTER o 4v' p p - D Ei ;/ s L.E. -4 _. I% 0 nano '�y•I• • !� 010-76 SILVER BELL ROAD 1 APRIL 1995 BLACKHAWK ROAD PROJECT 665 09 7 ASSESSMENTS 885JWJ1L SILVER BELL ROAD I ,N • a II s i/(au; . a 1 t - a 7 BLACkHAW 2 I _ p a • I • :.. , I S ADD. O•1 3 a • I • s yi a C / ', 2. .7 ,. 1 t i3 " _ � Y _ . . a . Q- • , , >n g r t , 5 t � . a .tatas a.t 44 4 i s •. a t I a • • . 0topiggl * 010-03 7 . ft Ilk 00 * / . ►aDt w =•50 * 1 Ak*h r J� / 37 it .000 • LEGEND . 55 se It* 1/ 1=1 STREET RECONSTRUCTION *i 54 * - DRIVEWAY ACCESS # 1,500/.per lot ASSESSMENT • w - - •0 s •�a>t t.n ' + la I I s • l a l a t 6 /( �� _1/ . a°. / SARTELL AVE. 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LO 5 .- S OL 8 m OD a LO S a m LO bg .. N .- .- O .- — .o Y, .- N O M ,n 1O� In A .o N .- A P. PPAgiNin : ► Mgrv. A1: AIMinin : in in kR �.' r�. M .- - •. M M M N F M M .- .- .- M M N M M M .- — M .- M ,F F -s 0 7 -3 -i > d J Z N J H 0 !L 3 03 N Q d 2 Q Q � N Q OL J O > N i N N W WS W ~ C = Q W 2 W CC . Y72 W OL ` q 41 ji IL 2 p a w IL� o ` y ppLL N ` s 0 W IC .* 2 14 2 O 0 ' Z - Q 2 O CL Q O O : a 'S -a 5 16 mo O 8 i ' : gg ii su _ p h 2 Z O N < Y C 15 . W d 2 2 W ! J O 3 O 11 i J J ]]]]!!!! = Z i Y L W 3 V)S N N N N N 5U O O f' O O S S W W W W O CC N N 0 N NN > S T 73 ,vw l o o v UN • gr- 0 0 V% o 1111 o 0 p. E E 0 0 0 g m m 0 0 $ g W W gss M 3 W Z g H D i pp; L N N Z r.4 � i 5 5 M Agenda Information Memo June 6, 1995 Eagan City Council Meeting C. RESOLUTION APPROVING TAX EXEMPT FINANCING FOR YMCA OF GREATER SAINT PAUL ACTION TO BE CONSIDERED: To approve the resolution giving preliminary approval to a project,the issuance of a commercial development revenue notes and authorizing the preparation of necessary documents. FACTS: The City has been asked to provide conduit financing for the construction of a new gymnasium for the YMCA's Eagan facility and for the construction of a new facility in Woodbury. The bond issue is expected to be less than $3 million and will have no impact on Eagan's ability to issue bonds for its own use as necessary. The City will have no financial obligations regarding the bond issue. A resolution was approved at the May 15, 1995 meeting, setting the public hearing for June 6, 1995. Representatives of the legal firm representing the applicant and the YMCA will be present at the meeting to answer questions. ATTACHMENTS: / • Resolution on pages�6'�i through . -T T_ 09# Good )vP4: Tt 96-0C-90 9ti99+C +219 %86= t RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT, THE ISSUANCE OF A COMMERCIAL DEVELOPMENT REVENUE NOTES AND AUTIORIZING THE PREPARATION OF NECESSARY DOCUMENTS (YMCA OF GREATER ST. PAUL PROJECT) WHEREAS, pursuant to Minnesota Statutes, Sections 469.152 through 469.1651, as amended (the "Act") , the City Council of the City' of Eagan, Minnesota (the "City") , is authorized to issue revenue bonds or notes for the purpose of financing real and personal property used or useful in connection with a revenue producing enterprise and whether or not operated for profit; and WHEREAS, in enacting the Act, the Legislature found that the welfare of the State of Minnesota requires the active promotion, attraction, encouragement and development of economically sound industry and commerce to prevent, as far as possible, the emergence of blight and areas of chronic unemployment and to prevent economic deterioration; and the welfare of the state requires the provision of necessary and desirable health and service facilities and services to the community; and WHEREAS, the YMCA of Greater St. Paul, a Minnesota nonprofit corporation (the "Company") has proposed that the City issue one or more commercial development revenue notes in the aggregate principal amount of $2,310,000 (collectively, the "Note") to finance the acquisition and construction of improvements to the City's existing facilities in the City and to finance a new facility in the City of Woodbury (collectively, th "Project") ; and WHEREAS, the City, pursuant to Minnesota Statutes, Section 469.154, subdivision 4, published a Notice of Public Hearing on the proposal of the Company that the City finance the Project, a copy of which is on file in the office of the City clerk along with proof of publication; and WHEREAS, on this date, the City conducted a public hearing pursuant to said Notice of Public Hearing at which hearing all persons who appeared were given an opportunity to express their views with respect to the proposal, and the notice, publication and hearing are hereby in all respects approved; and WHEREAS, the Company's proposal calls for the city to loan the proceeds realized upon the sale of the Note to the Company pursuant to a revenue agreement wherein the Company will be obligated to make payments at the times and in the amounts 292150.1 6 d 17l 19680996 Vi/l9:11 13/6g: 11 0 ,06 '90 (3 z) 9P99-HZ-Zl9 'IIlMd IS NVDHOW soma I OL 09# tiood fly : T1 96-0E-90 9v99+EZZ+ZT9 9,,186-U sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Note and all costs and expenses of the City incident to the issuance and sale of the Note; and WHEREAS, neither the full faith and credit of the City will be pledged to the Project or for the payment of the principal of, premium, if any, and interest on the Note. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota: 1. The undertaking of the Project and the issuance by the City of the Note pursuant to the Act, in an approximate aggtegat principal amount of $2,310,000 to finance the costs thereof, all as referred to above, is hereby authorized and approved by the City, subject to the approval of the Project by the city of Woodbury, Minnesota, the Minnesota Department of Trade and Economic Development (NDTED") , and to the agreement of the city, the Company and Norwest Investment services, Inc. , in Minneapolis, Minnesota, the original purchaser of the Note; as to the terms and conditions on which the Note will be issued, sold and secured. 2. On the basis of information available to this city Council it appears, and the City Council hereby finds, that th Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in providing health care services within the meaning of Subdivision 2 of Section 469. 153 of the Act; that the Project furthers the purposes stated in section 469.152 of the Act; that the availability of financing under the Act and the willingness of the City to furnish such financing will be a substantial inducement to the Company to undertake the Project. 3 . In accordance with Subdivision 3 of Section 469. 154 of the Act, the •City Clerk is hereby authorized and directed to submit the proposal for the Project to DTED and to request its approval, and the other officers, employees and agents of the City are hereby authorized to provide DTED with such preliminary information as it May require. 4. The Company has agreed and it is hereby determined that any and all costs incurred by the City in connection with th financing of the Project whether or not the Project is carried to completion and whether or not the Project is approved by DTED will be paid by Company. 5. Briggs and Morgan, Professional Association, acting as bond counsel, is authorized to assist in the preparation and 292150.1 d Pt 19£80996 'ON/I9: II 'ZS/39: I l Q6 .06 'QO (ani) 91799-63Z-Z19 'IflVd 'is NITHoYI 7i1 SOOISS N[08d o9it 900d Wv1717: II 96-o£-90 91799+£ZZ+3i9 Yg6-Zi review of th necessary documents relating to th Project, to consult with the City, the Company, the original purchaser of the Note, and their respective attorneys, as to the maturities, interest rates and other terms and provisions of the Note and as to the covenants and other provisions of the revenue agreement and other necessary documents and to submit such documents to the Board for final approval. 6. Nothing in this resolution or in the documents pr pared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City or the City for this purpose. The Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City, except the revenues and proceeds pledged to the payment thereof, nor shall the city, be subject to any liability thereon. The holders of the Note shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Note or the interest thereon, or to enforce payment thereof against any property of, the City. The Not shall recite in substance that the Note, including interest thereon, are payable solely from the revenue and proceeds pl dged to the payment thereof. The Note shall not constitute a debt of the city within the meaning of any constitutional or statutory limitation. Adopted by the City Council of the City of Eagan, Minnesota, this 6th day of June, 1995. • 292150.1 0-w 9 d P 119£80998 'ON/I 9: I I 'ZS/89: I 1 96 .0£ 'Hu) J 5 99-C -Z I9 ThYd '.LS NVOdONI V nom N[08d` 05# 900d RVgti: TT 56-0£-90 5V99+£ZZ+ZI9 9688og CITY OF FAGAN ) ss COUNTY OF DAKOTA ) I, the undersigned, being the duly qualified and acting Clerk of the city of Eagan, Minnesota, do hereby certify that I have carefully compared the attached and foregoing resolution with the original thereof on file in my office, and the same is a full, true and complete copy of said resolution. WITNESS MY HAND as Clerk this day of _ _ 1995. City Clerk 292$$.1 9 d 17119880998 'ON/191 I i ',LS/89: I 1 96 ,OE '90( fl1 91799-EZZ-Z 19 'IAVd 'IS MUM Ti soma Eli Agenda Information Memo June 6, 1995 Eagan City Council Meeting ,•if 7. S'I, %i 9 Io. A. CONDITIONAL USE PERMIT - WALMART ACTION TO BE CONSIDERED: To approve or deny a Conditional Use Permit for outdoor storage of shopping carts for Lot 1, Block 1, Town Centre 70 11th Addition (WalMart) subject to the five conditions recommended by the Advisory Planning Commission. FACTS: • On May 23, 1995, the Advisory Planning Commission conducted a public hearing on this item and recommends its approval subject to conditions. BACKGROUND/ATTACHMENTS: (2) Minutes of the APC - pages! l through Staff report - pages (03 through is . L/ D Page 3 May 23, 1995 ADVISORY PLANNING COMMISSION PUBLIC HEARING WALMART - CONDITIONAL USE PERMIT Chairman Miller opened the first public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage of shopping carts on Lot 1, Block 1, Town Centre 70 Eleventh Addition located on the east side of Town Centre Drive and the north side of Duckwood Drive in the NWl of Section 15. Project Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in the City staffs planning report dated May 10, 1995. Ms. Tyree noted the background and history and the surrounding uses of the subject property and the proposed on-site cart storage enclosure. Ms. Tyree concluded that the proposed cart storage enclosure meets all of the standards for a conditional use permit and outdoor storage. A representative of the applicant was present but made no comment. Member Carlson requested the applicant representative to describe the proposed "screening wall" to which the representative stated that Walmart is proposing a concrete wall to be 60 feet in length and 4 feet in height behind which it will store shopping carts. Ms. Tyree advised the Commission that the proposal is identical to that presently at Rainbow Foods and Target. She further noted that with the new Walmart management, there has been no City Code problems. Member Carlson inquired whether there is a proposed walkway between the screening wall and the store to which the representative stated that there is no walkway between the screening wall and the store because that is where the carts are to be stored but there is a walkway between the screening wall and the curb. Member Heyl stated that the proposal complies with the Code and the City has approved an identical outdoor storage proposal for Target and Rainbow Foods, she would support a recommendation to the City Council to approve the conditional use permit. Member Heyl moved, Wallace seconded, a motion to approve a Conditional Use Permit to allow outdoor storage of shopping carts on Lot 1, Block 1, Town Centre 70 Eleventh Addition located on the east side of Town Centre Drive and the north side of Duckwood Drive in the NW1/4 of Section 15, subject to the following conditions: 1. This Conditional Use Permit shall permit the outdoor storage of shopping carts located within the cart storage wall. / 0 ( Page 4 May 23, 1995 ADVISORY PLANNING COMMISSION 2. No other outdoor storage/sales/display is permitted. 3. The enclosure shall be constructed of the same exterior building material and painted to match the principal building (grey). 4. No signage shall be permitted on the cart storage walls. 5. The Conditional Use Permit shall be recorded with the Dakota County Recorder's Office within 60 days of approval from the City. Proof of recording shall be provided to the City prior to any building permit issuance. D 2-- PLANNING REPORT CITY OF EAGAN REPORT DATE: May 10, 1995 CASE #: 15-CU-9-3-95 APPLICANT: Walmart #1786 HEARING DATE: May 23, 1995 PROPERTY OWNER: Walmart PREPARED BY: Shannon Tyree REQUEST: Conditional Use Permit - Outdoor Storage of shopping carts LOCATION: Lot 1, Block 1, Town Centre 70 Eleventh Addition (PID# 10-77035-010-01). COMPREHENSIVE PLAN: CSC - Community Shopping Center ZONING: CSC - Community Shopping Center SUMMARY OF REOUEST WalMart Stores are requesting a Conditional Use Permit to allow the outdoor storage of shopping carts at 1360 Town Centre Drive (Lot 1, Block 1, Town Centre Eleventh Addition) 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 locations:" A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. D3 Planning Report - WalMart C.U.P. May 23, 1995 Page 2 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 permitted in accordance with Subparagraph A shall conform to the following standards, in addition to those standards set forth in Subdivision 4 of Section 11.40: 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. F. 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. BACKGROUND/HISTORY: When WalMart was in the process of developing its site in Eagan one of the conditions of approval was that storage of all shopping carts must be within the building. Periodically throughout the years after its opening, WalMart has stored its carts along the front portion of the building. This is not permitted according to their development contract and because of the Outdoor Storage by Businesses ordinance (approved in 1991). SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Kohl's Department Store; zoned CSC; designated CSC. South - Hardware Hank, Simek's, Duckwood Square; zoned CSC; designated CSC. Planning Report - WalMart C.U.P. May 23, 1995 Page 3 East - Forest Ridge Apartments; zoned R-4; designated D-IV. West - Auto Mall Mermaid Car Wash; zoned CSC; designated CSC. ANALYSIS OF PROPOSAL Introduction WalMart has now requested a Conditional Use Permit to allow them to construct a cart enclosure which would screen shopping carts from visibility. WalMart has approximately 600 shopping carts. By constructing the screening wall they will be able to store approximately 200 carts. ON-SITE IMPROVEMENTS The proposal is for a cart storage wall to be located along the front of their building. The wall is proposed to be 60' in length and 4' in height. The cart storage wall shall be constructed of matching exterior building material and painted to match exactly the existing building color (grey). SUMMARY/CONCLUSION As proposed the cart storage wall meets all of the findings necessary for approval of the Conditional Use Permit. ACTION TO BE CONSIDERED To recommend approval or denial of the requested Conditional Use Permit for Outdoor Storage of shopping carts for Lot 1, Block 1, Town Centre 70 Eleventh Addition. If approved, this Conditional Use Permit shall be subject to the following conditions: 1. This Conditional Use Permit shall permit the outdoor storage of shopping carts located within the cart storage wall. 2. No other outdoor storage/sales/display is permitted. • 3. The enclosure shall be constructed of the same exterior building material and painted to match the principal building (grey). 4. No signage shall be permitted on the cart storage walls. 5. The Conditional Use Permit shall be recorded with the Dakota County Recorders Office within 60 days of approval from the City. Proof of recording shall be provided to the City prior to any building permit issuance. D FINANCIAL OBLIGATION - 15-CU-9-3-95 Lot 1, Block 1, Town Centre 70th, 11th There are pay-off balances of special assessments totaling SO on the parcel for which the conditional use permit is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the use of the property, the following charge is proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None 50 • V p e Yllir r �' x CENTER CLfivE 8 ` AV • AVE. _ 'Q -- \ .-IlicHVEW AVER-77.7E AVE �1 - + j ylY L.HICNV 11 40 'w v I. 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C7 PTA I YANKEE 000CL£ ROAD I I YANKEE 0000LE ROA — WATER 19 ' TREATM ENT 4242?" 0 1 1 � I FACLTY I CITY . 141- I ■_, s 1�� 10 i o � '' 4 I -, ,;J o-11.1 KaIrs7 ® n MAiNt FACiL7Y a •-` T Rmi .T own; ■ 1—: MAJ EE P L K?%7E y • 24_-.0. \pq � ,,•• R71 aA ^74 OAK CYL Y N i t , . �LAK C z– a , s�R A sk H PARK 40 t - r - E7 OUCkIp I (�{MRI ROAD 4E 11 � 1,7� � `, CT. - W� CET1Q I 0 -1 RSROCE LA. I• OSt a 1 REY � / 54 9 7 E p ! 8�� u e 11 g ,g ... ' I� ( q A 6.-...., cow. • - -I• _ SH t..STAE 0 '• NC.vt CT. F Y 3 Y u u PARK •T. HURLEY .,... S x x '' ° OT' E fit, Y. C CT. a NIARK 4C U, ` J 'r I ' R• E• 'W44,9r. 4 wESCO p C} 1� ne.„-1/ 411‘f . ''.:01 ••••^1:• . ,. 4.Wi "=%••. 7:e t 1 lb'il a.ac '� L 9LACKHAWK.: 41....• ,,` „ > PARK ':5 n: ..,, C Q1� 1,,K' ; a ; �� VT q L i ( 2 �wrdlPrifST I / LOCATION Di , . . 1 F-7 i DNB .0' r-..:2'„3r1 3,lac' A �!'(? --1* • • /, VI1 , -,411ir' ir.t \ ;i. .'t om' _i� r./ n.` .1'00• .�_•�,. Ic.aottis� iE1f��; ' ,as" /' .ad ZONING �� ni =T. •, ; . :_� ��. CSC (COMMUNITY SHOPPING 1 I :1 , ' CENTER) .._ . ,.. ; �� : �� ! i %.,74-t-5.:.1CIL ,///n4-7't - • la. .,''-' 44:irttn,. ei, I 4 ' nl •i . , P I ! P CPO . . NB I i COMPREHENSIVE GUIDE PLAN ..0. ■ __1_ ;PF • ,, CPO CPO. CSC (COMMUNITY SHOPPING CENTER) �'- °�" • il csc - 1 LB � Y x1ry alas L: ,It_ Id �II i - `' --1 D.p . D-I r ...42.2)i' t:61 \\-l—'•••72". -'1-'----1 bot•.1�.^� it :•. US , 1 t•-:ii. n r ..a..o.. tiIMICI ... , raarr r A.A.. 1 �J �' '",. c� •'JAS J� ,a..,, � _y 1fig yy°tQp � shit IW . I m °- tl! 9� clef 11-; $y 5 W . ' 'Y iQf. i Qy9G �e �.,` �., , it/' �h 4. f ii 40 li`- '+ r R�,..w ,p r.b ! I v !f 1 i !i. -„i tilif f ,f jOe�! Q to if.s I W § 4 4 , - yxia Id a _4Iaf ;e '`;F a- �F u 1rtYi f_! y13fial i,2 ia`'>i1OL +._ i frp •e.ir•O SC C Ig;2 WI , V a 7 W Z I eglag l ioibi i i� Ali L-2 • I vif II a :\ I • I 5 1 1 b in o s$ .41 • 1 . i§qMpi isl§ .1:7_ ii 1 l'\ ,, -L ,.. 7 _5 'II '115' all 1 2 , sl I . m m r•-.76 I : � 5 4 ro:�I O :i Q 9 6 D ' Z � � i o , p Z a QWF.. CC O O W (0 - 1- I”' W = Z41) Z- I.; . W F Z a W2Z 1 aaa 0 W ( 0(::( Agenda Information Memo June 6, 1995 Eagan City Council Meeting B. CONDITIONAL USE PERMIT - RENTABLES ACTION TO BE CONSIDERED: To approve or deny a Conditional Use Permit to allow outdoor storage of rental trucks in association with the rental shop located at 4130 Blackhawk Road on Lot 1, Block 1, Blackhawk Plaza subject to the three conditions outlined in the staff report. FACTS: • Rental shops are a permitted use in the General Business zoning district; however, outdoor display or storage is subject to conditional use. In February 1994 the City Council approved an amendment to allow rental shops in the Neighborhood Business zoning districts, specifically in response to a request of this applicant. The amendment was approved with the understanding that there would be no outdoor storage associated with this type of rental shop. • The Advisory Planning Commission conducted a public hearing on this item at its meeting of May 23, 1995. The Commission recommends denial of this permit on the basis that: 1) It will not be harmonious with the general and applicable specific objectives of the Comprehensive Guide Plan or City Code provisions. 2) It will not 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 change the essential character of that area or substantially diminish or impair property values within the neighborhood. 3) It does not meet the outdoor storage performance standards requiring proper screening and no interference with existing parking spaces. BACKGROUND/ATTACHMENTS: (2) Minutes of APC meeting - pages I i( through ((.3 . Staff report - pages (( through ( CQ . • Page 5 May 23, 1995 ADVISORY PLANNING COMMISSION THE RENTABLES - CONDITIONAL USE PERMIT Chairman Miller opened the next public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage of four (4) rental trucks on Lot 1, Block 1, Blackhawk Plaza located at 4130 Blackhawk Road, east of Blackhawk Road, north of Diffley Road and just north of Tom Thumb in the SE1/4 of Section 20. Project Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in the City staffs.planning report dated May 12, 1995. Ms. Tyree noted the background and history, the existing conditions, and the proposed use on the subject property. Ms. Tyree noted that the applicant is proposing outdoor storage of four Ryder rental trucks in the Southeast corner of the Blackhawk parking lot. Ms. Tyree noted that the proposed storage area is located closer to the free standing Tom Thumb store, which is not a part of the Blackhawk Plaza, then to the strip center. Charles Simcox, the applicant, was present but presented no comment. Member Isberg inquired with the applicant as to the origin of the proposed number of trucks. The applicant advised that the number was derived from working with the Ryder corporation which dictates the number of trucks available to the dealer for rental which is based on an average of number of Ryder trucks previously rented. The applicant concluded that Ryder determined that it would make four trucks available, one truck at each available truck • size. Member Carlson noted that the applicant's letter states that its business is not open year round and inquired as to its reason to which the applicant responded that his business is open year round but that the rental truck business cash flow is available only approximately seven months per year due to the slow winter business. Member Isberg commented that other items are currently stored in violation of the outdoor storage ordinance and inquired as to whether the conditional use permit will be conditioned on no other outdoor storage. Ms. Tyree advised that the conditional use permit is solely for four rental trucks, not any other items. Member Heyl inquired with the applicant as to whether he plans on correcting the current outdoor storage violations or intends to obtain another outdoor storage conditional use permit. The applicant stated that other rental equipment items are not stored outside but merely displayed during store hours. Member Miller inquired with the applicant as to whether Tom Thumb has any objection to the location of the proposed storage area to which the applicant stated that he did not talk with the Tom Thumb management and does not know whether they have any objection. The applicant further stated that the proposed storage area was chosen for advertisement visibility and because it was the furthest away from other businesses and - Page 6 May 23, 1995 ADVISORY PLANNING COMMISSION residential areas to avoid interfering with either of them. Member Carlson inquired as to why the trucks cannot be stored in back of the Plaza building to which the applicant stated that access to and from that area would be more difficult than if the trucks were stored in the open area. The applicant further stated that he believes that a fire truck could not get into the back area if the four Ryder trucks were stored at that location. Member Tyree added that the Planned Development Agreement prohibits any storage in the are in back of the Plaza building. In response to Member Carlson's inquiry, the applicant further stated that storage in the parking area to the west of the Star Tribune space would not be feasible because Star Tribune uses that area for distribution. Member Carlson stated that she was concerned with the adjacent property owners objection to the proposed location of the storage area and opined that if the storage area was in back of the building it would not interfere with the adjacent properties and that it may be a safer location for potential vandalism. The applicant responded that storage of the trucks in back of the building would not be safer than in the front parking area because there is no proper lighting. Member Carlson further stated that she was concerned that under the current outdoor storage ordinance, rental business competition cannot move into the City because outdoor storage is not allowed in a strip mall. She further stated that if the Commission recommends approval of the conditional use permit, then the City guidelines with respect to outdoor storage for rental businesses needs to be set. Member Heyl inquired with the applicant with respect to his statements to the Advisory Planning Commission at its September 1994 meeting during which he requested a conditional use permit for a rental shop in the Blackhawk Plaza. Member Heyl quoted the text from the September 1994 APC minutes regarding this issue which in effect noted that the applicant stated that all rental equipment and items would be stored inside the store and that the applicant had no intent on obtaining an outdoor storage permit. Ms. Reichert clarified in response to Member Carlson's comments that rental businesses are allowed in the City of Eagan and outdoor storage will be allowed only with a conditional use permit. • Member Miller expressed concerns that the conditional use permit will run with the land and does not want to tie a outdoor storage of rental equipment to a parcel but to the user. He stated that he would be more comfortable with supporting the proposal if the conditional use permit did not run with the land. Member Wallace noted that he recalled that at the September 1994 APC meeting, the Commission supported the applicant's rental business because it was not going to be a typical rental business with outdoor storage. Member Wallace further stated that he now has concerns about the rental business because it violates the outdoor storage ordinance presently anyway. Member Hey! stated that the proposed outdoor storage of rental trucks is not compatible with the general vicinity or area; it is not harmonious with the objective City • Page 7 May 23, 1995 ADVISORY PLANNING COMMISSION Code provisions; and that a conditional use permit will run with the land, forever permitting outdoor storage of rental trucks. Member Hey! stated that she therefore would recommend denial of the requested conditional use permit. Community Development Director Reichert suggested two additional fmdings in support of the recommended denial of the conditional use permit: (1) the outdoor storage cannot be screened; and (2) the outdoor storage will take up parking spaces, both in violation of the outdoor storage performance standards. Member Segal inquired with the applicant as to whether it would be possible to store the rental trucks off site and bring them to the site for immediate customer pick up. The applicant responded that it may be a possibility but did not know where he would be able to store the rental trucks. The applicant further stated that he did not believe parking rental trucks was outdoor storage. He further opined that the parking of the trucks in the proposed storage area do not take up needed or necessary parking spaces. Member Heyl moved, Wallace seconded, a motion to deny the Conditional Use Permit to allow outdoor storage of four (4) rental trucks on Lot 1, Block 1, Blackhawk Plaza located at 4130 Blackhawk Road, east of Blackhawk Road, north of Diffley Road and just north of Tom Thumb in the SE1/4 of Section 20, on the grounds that the outdoor storage of four rental trucks: 1. Will not be harmonious with the general and applicable specific objectives of the Comprehensive Guide Plan or City Code provisions; 2. Will not 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 change the essential character of that area or substantially diminish or impair property values within the neighborhood; 3. Does not meet the outdoor storage performance standards requiring proper screening and no interference with existing parking spaces. All approved in favor. 3 PLANNING REPORT CITY OF EAGAN REPORT DATE: May 12, 1995 CASE #: 20-CU-8-3-95 APPLICANT: Charles T. Simcox HEARING DATE: May 23, 1995 PROPERTY OWNER: WHC - Two Investors, L.P. PREPARED BY: Mike Ridley REQUEST: Conditional Use Permit (outdoor storage) LOCATION: 4130 Blackhawk Road (Blackhawk Plaza) COMPREHENSIVE PLAN: Neighborhood Business (NB) ZONING: Neighborhood Business (NB) SUMMARY OF REOUEST Charles Simcox is requesting approval of a Conditional Use Permit (CUP) to allow outdoor storage of rental trucks in association with the rental shop located at 4130 Blackhawk Road, on Lot 1, Block 1, Blackhawk Plaza in the SE 1/4 of Section 20. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subd. 4, C states: 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. Lr- Planning Report - Rentables C.U.P. May 23, 1995 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/HISTORY Rental shops are a listed as a permitted use in the GB zoning district; however, outdoor display or storage is subject to conditional use. In February 1994, the City Council approved an ordinance amendment that allowed "rental shops" in the NB Zoning District; however, this amendment did not provide for any activity outside of the principal structure. City staff informed Rentables, Inc., in December of last year, that the Ryder rental trucks stored outside their store were riot allowed in the NB zoning district. The owner was informed that a CUP was required for any outdoor storage or display. EXISTING CONDITIONS The applicant is currently storing trucks and trailers behind the building and has a "Bobcat" type front end loader and a number of lawn implements stored/displayed on the sidewalk in front of the store. All of this outdoor storage/display is in violation of the City Code. Approximately two-thirds of the strip center is leased with Rentables, Inc. being the largest tenant. There are six platted lots surrounding Blackhawk Plaza and only two of those have been developed (Tom Thumb). The majority of the parking provided for the strip center is located south of the building towards Diff ley Road. There are limited number of parking stalls surrounding the center. EVALUATION OF REQUEST Mr. Simcox is proposing limited outdoor storage of four Ryder rental trucks in the southeast corner of the existing parking lot for Blackhawk Plaza. The storage and location has been reviewed and approved by the center's owner, management company, and each of the tenants. The proposed storage area is actually located closer to the free-standing Tom Thumb store than to the strip center. c � Planning Report - Rentables C.U.P. May 23, 1995 Page 3 Luther M. Stalland, owner of the undeveloped Lot 3, Block 1, Blackhawk Plaza has written a letter objecting strongly to the parking of rental trucks within the Blackhawk Plaza complex. According to the applicant, the trucks are not "stored" but merely parked in the parking lot, and the request does not include the storage of items not under their own power, such as trailers, dollies, etc. SUMMARY/CONCLUSION Rental shops with outdoor display and/or storage are a specific listed use only in the General Business Zoning District. Blackhawk Plaza is located in a Neighborhood Business Zoning District. The applicant is proposing to limit the amount of outdoor storage/display to four rental trucks. The proposed storage is proposed for an area already designated for parking and has been reviewed and approved by the property owner and tenants. The applicant is currently storing/displaying a number items outdoors in violation of the City Code and a neighboring property owner objects to the requested CUP. ACTION TO BE CONSIDERED To recommend approval/denial of a Conditional Use Permit to allow outdoor storage of four rental trucks on Lot 1, Block 1, Blackhawk Plaza. Approval subject to the conditions listed below. • 1. The site shall be maintained. 2. Outdoor storage/display shall be limited to four rental trucks. 3. The trucks shall be parked in the four parking stalls nearest Lot 5, Block 1, Blackhawk Plaza. ( (C' FINANCIAL OBLIGATION - 20-CU-8-3-95 Lot 1, Block 1, Blackhawk Plaza There are pay-off balances of special assessments totaling $26,215 on the parcel for which the conditional use permit is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the use of the property, the following charge is proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None in 1 JvJ/ � °i a, ' V a �e Ttt rl.� � • K • •Ng. ''��' '`• itNil �vF m �MMt!'MY _ � 7 � � f orEHw�oD •,; oR•G-, .. 1- .,. LLi I n ,►r 76. -�I L�. V1 _ - i ,. .1_"1.....1c-.14/;14.1 Y 0• L i• r ' > �fw\ TR fACLYrIC INAL rc 11 &LL •1 Q:.........j.r a . �•�A• ^,I \\ 1.1' -NELIAN/ y, SA RZ` A \�� , Jim uraE PARK�� , ElIERA4. , r 1.1LAOO.L,Mf IY 4�1 II1 1 un.+r Lr- �,� yj , r1 U . C/, ^'1 I /.........L4- V . 1 barWwMK►1. 7 v p 1 I Y �yp�,_ ''•1 1 .a 'T'l QD VG a• n e. I / 1 CEDAR2 , 44 I' 11 4 .Y 'l/\•if 1 ~ - , A 1 POND ; • 2RCON jnaji : , cf. 1 i • / 1 aRrc 6 A 0.� :. 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Planning Commission: On December 21 , 1994, I received a letter from Mr. Matt Glaesman, of the City of Eagan ' s Planning & Zoning Department. The content of the letter was in regards to "outdoor storage" , and that Rentables was considered to be in violation by not having obtained a Conditional Use Permit for the parking of Ryder rental trucks , allocated to Rentables , Inc. , under the Ryder Dealer Program, in the parking lot. The intent of this letter, is one of personal appeal, on behalf of Rentables , Inc . , its owners and customers , in bringing to you several items of concern, in conjunction with the Conditional Use Permit Application. Rentables , Inc . , as all rental centers operating in Minnesota, have but only seven months in which to generate a profit, typically these months are Anril thru October. It is with the revenues generated during these seven months , that carries a rental center thru the negative cash flow winter months . It is easy to understand, that as we are restricted by the weather, , so too are we restricted in our selection of inventory and services we can provide. The selection process, of inventory and services, is geared specifically toward the residents of the community in which a rental center exists . The general focus of this selection process is one in which encompasses all conceivable avenues of generating rental revenues during the short profitable seven month period. The accounting firm that represents several Minnesota rental centers in the Twin Cities area, including Rentables, Inc . , has concluded in its study, that the Truck Rental/Equipment Rental Center combination, is one that is a crucial aspect in the area of generating revenues, and that all equipment rental centers in this area, operate under this combination. l 4130 Blackhawk Road Eagan. MN 55122 (612)686-6886 FAX: 686-0689 ArA KEN AB awl ES iliC. R E N T A L C E N T E R JusRent It! The breakdown, of revenues , shows that income generated from moving rentals account for up to 30% of the total yearly rental income. This significant percentage of revenues, if lost, would inflict severe financial hardship on any business, but especially to a rental center operating in Minnesota. Rentables, Inc. , is Eagan ' s first and only rental center. In our first year of operation, its residents have given us a very positive response for "finally offering this one of a kind service to the community" . That service is intended on helping Eagan residents in their move around the city, and in welcoming those new residents to the community, as Rentables is often the first place a new resident visits when dropping off a truck in completing their move from out of state. In consideration of a Conditional Use Permit Application, please take note that this is not a request for storing equipment, junk, broken down equipment, or anything that is not under its own power . Ryder also rents tow dollies , and car trailers , but I have denied placing these items at our location, because I felt as if they would be considered items under storage. Ryder boasts the newest truck fleet in the rental industry. The trucks allocated to Rentables , Inc . , are some of the nicest rental moving trucks in the area, and pose no hazards that may be of concern to the city or its residents . As a result of this service, both Ryder and Rentables have had to endure time and expense in offering truck rentals as part of our rental center. Some of those items consist of installing additional phone lines, a computer system, employee training, news releases , and costly yellow page advertisements, to a great deal of time, capital, and research in this Conditional Use Permit Application. As can be seen by the items listed above, this is not one of a typical conditional use permit request, and one which not only is needed by Rentables, Inc . , but is also a service to the city of Eagan and its residents . AL 4130 Blackhawk Road Eagan. MN 55122 (612)686-6886 FAX: 686-0689 A`�A k.';73 111tABLESth . R E N T A L C E N T E R Just Rent It! To summarize this request: 1 . This service, is one that produces up to 30% of total rental generated revenues . To lose it, could mean the loss of Eagan ' s only rental center. 2 . The trucks are not "stored" but merely parked in a parking lot, and does not include the storage of items not under their own power, such as trailers, dollies, etc . 3 . Not a hazardous concern. 4 . Rentables, Inc. , as well as Ryder, have endured time and expense in bringing this service to the community. I thank you for your time and consideration of this request, and I look forward to working with the city to solve this request in a timely and mutually beneficial manner. If you should have any questions or requests of me, please do not hesitate to call upon me, at the number, listed below. Sincerely, Charles T. Simcox President 4130 Blackhawk Road Eagan.MN 55122 (612)686-6886 FAX: 686-0689 ATA 5 i Agenda Information Memo June 6, 1995 Eagan City Council Meeting Page 1. C. PRELIMINARY SUBDIVISION - HAYES ADDITION ACTION TO BE CONSIDERED: To approve or deny a Preliminary Subdivision (Hayes Addition) consisting of four single family lots on 1.925 acres on Lot 1, Block 1, Joseph Spande Addition located on the south side of Highview Avenue, west of Bridgeview Terrace, east of Highway 13,in the SW quarter of Section 4 subject to the 18 conditions recommended by the Advisory Planning Commission and the additional condition recommended by Engineering staff. FACTS: • This is a small infill subdivision involving the replatting of two existing lots into four lots. There is an existing home on the one larger lot that will be eventually torn down and replaced with a new house. • The Advisory Planning Commission conducted a public hearing on this proposal at its meeting of May 23, 1995. The Commission found that the proposal is consistent with the City's Comprehensive Plan, Zoning, and Subdivision Ordinance and recommends its approval subject to 18 conditions. • There are a number of storm drainage related issues on this property that will need to be resolved between preliminary and final subdivision approval. The applicant has petitioned for the City to provide storm sewer across the backyard area of these lots. Engineering recommends that a condition be added to this preliminary approval that "the developer shall be responsible for all costs associated with the development's share of the storm sewer cost under Project 089". ISSUES: • There were a number of residents in attendance at the hearing who spoke in opposition to this development as being too many lots. The residents expressed a concern with losing the natural open space and views provided by the relatively undeveloped nature of the property. • The applicant is requesting elimination of the requirement to upgrade the street adjacent to the four lots. Agenda Information Memo June 6, 1995 Eagan City Council Meeting Page 2. BACKGROUND/ATTACHMENTS: (4) Minutes of the Plannin Commission - ages/?7through/,�/ . Staff Report - pages dough,t(. Engineering Memo - page (it). Letter from Mr. Hayes - page r0. g � Page 11 May 23, 1995 ADVISORY PLANNING COMMISSION HAYES ADDITION - PRELIMINARY SUBDIVISION Chairman Miller opened the next public hearing of the evening regarding a Preliminary Subdivision (Hayes Addition) consisting of four single family lots on 1.925 acres on Lot 1, Block 1, Joseph Spande Addition located on the south side of Highview Avenue, west of Bridgeview Terrace, east of Highway 13, in the SW'/a of Section 4. Project Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in the City staffs planning report dated May 16, 1995. Ms. Tyree noted the background and history, the existing conditions, and surrounding uses of the subject property. Ms. Tyree further highlighted the proposed density, lot size, setback, tree preservation and grading concerns, and the storm drainage/water quality, utility, and street/access plans. Ms. Tyree concluded that the four proposed single-family lots is consistent with the current zoning the City Comprehensive Guide Plan, in addition to the proposed subdivision meets the City Code provisions and standards. Brian Hayes, the applicant, stated that he has no objections to information in the planning report, including the conditions except with respect to Condition No. 10 which requires the applicant to upgrade adjacent City streets to current City standards. Mr. Hayes inquired as to the reason as to why he is required to upgrade the street when the City has plans to do so in 1996. He further noted that the requirement for concrete curb and gutter will be inconsistent with the nature and atmosphere of the neighborhood. A resident who resides on the corner of Bridgeview Terrace and Highview Avenue stated that he opposes the proposed preliminary subdivision because it proposes a 50%reduction of the average front footage size in the neighborhood. The resident further stated that the proposal takes away from the character of the existing neighborhood. He stated that because the subject property has a drainage ditch and cold spring throughout it, the applicant is forced to push the house pads to the front of the proposed lots. In response to Chairman Miller's inquiry, Ms. Tyree advised that the proposed lots meet the minimum front frontage line requirements and the minimum required lot size. A representative for the Bloomquist who reside on Bridgeview Terrace say that the Bloomquists' purchased the property to enjoy the creek, the trees and the habitat which adjoin the subject property. He stated that the Bloomquists oppose the applicant's proposal because it proposes to fill the creek, remove several significant trees, which he noted are already being done and fill the ravine. Ms. Tyree advised the Commission that the proposed Lot 1 is an existing lot and therefore the owner may obtain a grading permit which permits the grading of the property. The Bloomquist representative further stated that the proposal does not protect the wetland because it proposes to bury the creek which is the most aesthetic quality of the land. He further stated that the Bloomquists object to Page 12 May 23, 1995 ADVISORY PLANNING COMMISSION the proposal because it will increase the traffic volume and decrease the surrounding property values. Scott Peterson, a resident at Bridgeview Terrace and Bridgeview Avenue stated he opposes the proposal because it will diminish the beauty of the area and decrease the surrounding property values. Kurt Robbins, a resident at 2843 Bridgeview Terrace added that the proposed lot size are not compatible with the existing lots, the proposal will decrease the surrounding property values and will result in the loss of the beauty of the neighborhood. Mr. Robbins stated that he has no objection to two lots, but does object to platting it for three or four. Bob Cooper, a resident at 1472 Highview Drive stated that he opposes the proposal because it will increase the drainage problem in the area and be inconsistent with the surrounding neighborhood. Another resident of 2850 Sibley Hills Drive inquired as to the future of the existing cul-de-sac at the end of Sibley Hills Drive as a result of the proposal. The resident further opined that to fill in the ravine would be a big mistake. Ms. Tyree advised that the proposal does not include any proposed change to the cul-de-sac or to the vacated portion of Sibley Hills Drive. Chairman Miller advised the audience that the Advisory Planning Commission cannot address the issue of property value as that is not a concern it should consider in determining whether the preliminary subdivision be approved or denied. Ms. Tyree advised that the applicant intends to remove the existing house and then rebuild a new one. In response to Chairman Miller's inquiry, the applicant stated that the subject property currently consists of two lots and because the cost of necessary fire hydrant and water main connections, it is not cost feasible to remain with just two lots. The applicant further noted that the City Engineering Department agrees that the existing storm drainage system needs great repair and that the City Engineering Department recommended that the creek be buried due to the tremendous erosion problem. The applicant further noted that the proposed houses will be compatible with the surrounding homes, advising that a 3,500 square foot house will be built in which the applicant intends to reside. The applicant further noted that as currently existing, the creek and ravine are filled with garbage, debris and brush refuse which the complaining neighbors dumped. Member Wallace inquired with the applicant as to the allegations that tree removal is currently occurring. The applicant stated that trees have been removed but it was non significant trees but overgrown vegetation. Member Hey! asked City Engineer Mike Foertsch to address the street and drainage issues. City Engineer Mike Foertsch stated that the street improvement is 7C7f Page 13 May 23, 1995 ADVISORY PLANNING COMMISSION required due to the subdivision request pursuant to City Code. With respect to the storm drainage system, Foertsch stated that the Engineering Department is currently reviewing that issue. Member Carlson stated that the applicant owns the property, the City Engineering Department confirms that the drainage system needs to be addressed and that the proposal meets the City Code and standards. Member Heyl concurred with Member Carlson noting that the applicant address the wetland issue, the smallest proposed lot is within the Code requirements, and the proposal as a whole meets City Code provisions and standards. Member Hey! moved, Chairman Miller seconded, a motion to 'recommend approval of the Preliminary Subdivision (Hayes Addition) consisting of four single family lots on 1.925 acres on Lot 1, Block 1, Joseph Spande Addition located on the south side of Highview Avenue, west of Bridgeview Terrace, east of Highway 13, in the SW1/4 of Section 4, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, 82, Cl, C2, D1, El, Fl, G1 and H1. Aircraft Noise 2. Architectural designs and construction methods for new construction within the development will incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBa. 3. A notice will be recorded on each lot indicating that it is located within Metropolitan Council Aircraft Noise Zone IV. Water Quality 4. The development will be responsible for a cash water quality dedication. Utilities 7°1? '? Page 14 May 23, 1995 ADVISORY PLANNING COMMISSION 5. The developer will be required to submit a detailed utility layout plan with the final plat submittal that shows how sewer and water service will be provided to each lot. 6. The sewer and water services for Lot 1 will be required to connect to Bridgeview Terrace. 7. The sewer and water services for Lot 2 will be located in the opening in the trees that will be left where the old garage will be removed. Access 8. The driveway connection for Lot 1 will be required to connect to Bridgeview Terrace. 9. The driveway for Lot 2 will need to be located in the opening that will be created in between the trees where the old garage will be removed. 10. The development shall be responsible for upgrading adjacent City streets to current City standards. Grading 11. The final grades along the ravine will need to be revised to accomplish a maximum of 3:1 slopes in the backyard areas of Lots 2, 3 and 4. Wetlands 12. The developer shall not grade within the wetland boundary. Well and Septic 13. The developer shall abandon all well and septic systems on the site according to Dakota County and City standards. Parks and Recreation 14. This development shall be subject to a cash parks dedication. 15. This development shall be subject to a trails dedication. Page 15 May 23, 1995 ADVISORY PLANNING COMMISSION Tree Preservation 16. Individual lot Tree Preservation Plans will be required at the time of building/grading permit application. 17. The Subdivision be platted. 18. Must meet with neighbors before the City Council meeting. All approved in favor, except Member Wallace who opposed. PLANNING REPORT CITY OF EAGAN REPORT DATE: May 16, 1995 CASE: 4-PP-12-4-95 APPLICANT: Brian Hayes HEARING DATE: May 28, 1995 PROPERTY OWNER: Brian Hayes PREPARED BY: Shannon Tyree REQUEST: Preliminary Subdivision - Hayes Addition LOCATION: 2840 Sibley Memorial Hwy, Lot 1, Block 1, Joseph A. Spande Addition South of Highview Avenue, west of Bridgeview Terrace COMPREHENSIVE PLAN: D-I Single Family Residential (0-3 units per acre) ZONING: R-1 Single Family SUMMARY OF REQUEST Brian Hayes is requesting a Preliminary Subdivision of four lots on 1.925 acres located at 2840 Sibley Memorial Hwy (Lot 1, Block 1, Joseph A. Spande Addition) south of Highview Avenue, west of Bridgeview Terrace and west of Highway #13, in the SW 1/4 of Section 4. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto:" A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of the development. Planning Report - Hayes Addition May 23, 1995 Page 2 E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUND/HISTORY In 1985, the Joseph A. Spande First Addition was approved. The 3.4 acres was platted into four single family lots. Subsequently, the owner of Lot 1 received approval for a Waiver of Plat (September 1986) to split Lot 1 into two parcels. EXISTING CONDITIONS The site has an existing house and garage located on it. The key physical features are the large pine trees located along the north portion of the property, the moderately steep slopes, and the naturally occurring spring located near the southern property line. The site is perched up on the side of a large hill with excellent views into both downtown Minneapolis and St. Paul. /6.33 Planning Report - Hayes Addition May 23, 1995 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Single family homes; zoned R-1; designated D-I. South - Single family homes; zoned R-1; designated D-I. East - Single family homes; zoned R-1; designated D-I. West - Vacant land & Highway 13: zoned FP - Flood Plain; designated IND & P. EVALUATION OF REQUEST Preliminary Subdivision. Density The proposed density for the development is 2.07 units/acre. Lots. The developer is proposing four lots. All lots exceed the minimum lot size. Lot 1 is 15,878 s.f.: Lot 2 is 18,346 s.f.; Lot 3 is 20,638 s.f.; and Lot 4 is 29,003 s.f. Setbacks The lots have been designed to accommodate all minimum setback requirements for the R-1 zoning district. Tree Preservation A tree inventory was submitted for the 1.95 acre site. The inventory indicates the presence of 9,800 s.f. of significant woodlands (miscellaneous hardwoods) and 45 significant trees. The significant trees are comprised of 26 white spruce (17' to 34' height), eight red cedar, one 27" bur oak, and other miscellaneous hardwoods. No trees will be removed during the initial site development. However, individual lot tree preservation plans will be required as building/grading permits are applied for. Grading/Wetlands. The topography on portions of this site is fairly flat and other portions of this site have a rugged topography. The area where the proposed houses are shown to be constructed will require a minimal amount of grading. The developer intends to have all the grading performed at the time of construction of the proposed houses. The grading of this site will need to provide a maximum 3:1 slope. The side slopes along the ravine currently have very steep slopes that are potentially dangerous. The final grades along the ravine will need to be revised to accomplish a maximum of 3:1 slopes in the backyard areas of Lots 2, 3 and 4. Staff have identified and delineated one wetland on the site. The wetland is located along the south edge of the four lots and covers about .15 acres. The upper portion of the wetland is in a shallow bowl, while the lower portion follows a severely eroded channel to Highway 13. At the head of the eroded section, there is both an old deteriorated storm sewer pipe and a small /3 Planning Report - Hayes Addition May 23, 1995 Page 4 spring discharging two gallons per minute from the hillside. The discharge from the truncated storm sewer pipe appears almost wholly responsible for the erosion, and has caused both a sedimentation problem as well as a safety hazard. The current development plan shows avoidance of the wetland area. It should be noted,however, that the Public Works Department has scheduled a capital improvement in 1996 to replace the deteriorated storm sewer pipe and extend the pipe to Highway 13 and filling the gully to deal with the erosion problem. If the public improvement project proceeds next year,presumably the City would be responsible for replacing any wetland lost as a result of the filling. In addition, the spring discharge will need to be directed to the storm sewer. The developer shall abandon all well and septic systems on site according to Dakota County and City standards. Erosion control measures will be required to protect erosion from occurring that would contribute to the ravine located in the southwesterly corner of this site. Storm Drainage/Water Quality - This site drains in a westerly direction through two large ravines that meet near Highway 13. The northerly ravine which parallels the existing driveway on this site conveys storm water runoff from a temporary 24" corrugated culvert storm sewer line. This storm sewer line collects storm water runoff from Bridgeview Terrace and Highview Avenue. This 1.9 acre development will generate runoff that will be discharged to a large culvert under Highway 13 and into the wetland complex along the Minnesota River. Because of the small size of the development and the lack of suitable ponding areas on the site, a cash dedication for water quality is recommended. The developer has submitted a petition requesting the City to prepare a feasibility report to extend the storm sewer across the backyard area of Lots 1 through 4. The City improvement project will remove the existing 24" CMP culvert and replace the line with a storm sewer pipe constructed to City standards. The storm sewer line should also be extended to the west to allow the backyard slopes on Lots 2 and 3 to be adjusted to meet a 3:1 grade. The design of the storm sewer extension should allow the existing ravine to remain in place in the areas where the grade of the ravine is fairly flat. If riprap or field stone is added along the channel of the ravine in the backyard area of Lot 4, then the ravine could remain as is and not be a future maintenance problem. With the existing trees along the slopes of the ravine and the water that would flow along the bottom, the ravine area could be an aesthetically pleasing amenity to this area. (33 Planning Report - Hayes Addition May 23, 1995 Page 5 Utilities - An existing 9" sanitary sewer is located within Bridgeview Terrace and Highview Avenue. Also, a 36" sanitary sewer line that is owned and maintained by Metropolitan Council Wastewater Services (MCWS) is located along the west edge of the site. This development will have water service provided to it from an existing 8" water line that is located within Bridgeview Terrace. The final utility plan will need to show sewer and water services for Lot 1 connecting to the existing sewer and water lines in Bridgeview Terrace. The final utility plan should also show a 6" water line to be extended on Highview Avenue along the north edge of the site to provide water service and fire protection to Lots 2, 3 and 4. The utility plan should show sewer and water services for Lots 2, 3 and 4 to be extended out to the existing 9" or 36" sanitary sewer in Highview Avenue and to the proposed 6" water main in Highview Avenue. Staff recommends that construction of the 6" water main and extension of sewer and water services to each lot be included in the final plat submittal documents for this development. The developer will be required to submit a utility layout plan with the final platting documents. Streets/Access/Circulation - The street access is available to this site from Bridgeview Terrace to the east, Highview Avenue to the north and Highview Avenue frontage road that connects to State Trunk Highway 13 to the west. The driveway connection for Lot 1 will be required to connect to Bridgeview Terrace. This will allow the row of trees to remain that is located along the west property line of Lot 1. The driveway for Lot 2 will need to be located in the opening that will be created in between the trees where the old garage will be removed. Bridgeview Terrace and Highview Avenue are considered local residential streets. However, the construction of the streets is not in conformance with City requirements for residential streets. Specifically, these streets do not have concrete curb and gutter along the edges and the bituminous surfacing is in poor condition. Therefore, these streets will need to be upgraded to City standards with this development. The City's 5-Year Capital Improvement Program (CIP) identifies that the streets in this area be upgraded to current City standards in 1996. Easements/Right-of-Way/Permits - Adequate right-of-way has been dedicated for Highview Avenue and Bridgeview Terrace. An existing 25-foot wide easement is located along the south property line of this site to allow for the construction of the storm sewer and to provide for conveyance of drainage through the ravine. Parks and Recreation This development is in Park Service Area 4 which is serviced by Highview Park. A cash parks and trails dedication would be recommended for this development. Aircraft Noise The subject property lies within the Metropolitan Council's airport planning Noise Zone IV. In this Noise Zone, in-fill residential development is not prohibited. However, it will be important to apply performance standards which will minimize indoor noise transmission and /3 • Planning Report - Hayes Addition May 23, 1995 Page 6 ensure notification of noise exposure to prospective future owners. It is appropriate to incorporate the following conditions which have been applied to other subdivision in the area recently. Compatibility with surrounding area The area completely surrounding this site is low density residential in character. The proposed development is consistent with the existing development. SUMMARY/CONCLUSION The development of the four proposed single family lots is consistent with the current zoning of the parcel and also with the City's Comprehensive Guide Plan which designates this area as D-I low density residential (0-3 units/acre). As proposed, the subdivision meets the findings necessary for approval. ACTION TO BE CONSIDERED To recommend approval or denial of the requested preliminary subdivision for four lots on 1.925 acres for Hayes Addition. If approval of the subdivision is recommended it shall be subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, C1, C2, D1, El, Fl, G1, and H1. Aircraft Noise 2. Architectural designs and construction methods for new construction within the development will incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBa. 3. A notice will be recorded on each lot indicating that it is located within Metropolitan Council Aircraft Noise Zone IV. Water Ouality 4. The development will be responsible for a cash water quality dedication. Utilities 5. The developer will be required to submit a detailed utility layout plan with the final plat submittal that shows how sewer and water service will be provided to each lot. 6. The sewer and water services for Lot 1 will be required to connect to Bridgeview Terrace. 7. The sewer and water services for Lot 2 will be located in the opening in the trees that will be left where the old garage will be removed. /3-7 Planning Report - Hayes Addition , May 23, 1995 Page 7 Access 8. The driveway connection for Lot 1 will be required to connect to Bridgeview Terrace. 9. The driveway for Lot 2 will need to be located in the opening that will be created in between the trees where the old garage will be removed. 10. The development shall be responsible for upgrading adjacent City streets to current City standards. Grading 11. The final grades along the ravine will need to be revised to accomplish a maximum of 3:1 slopes in the backyard areas of Lots 2, 3 and 4. Wetlands 12. The developer shall not grade within the wetland boundary. Well and Septic 13. The developer shall abandon all well and septic systems on site according to Dakota County and City standards. Parks and Recreation 14. This development shall be subject to a cash parks dedication. 15. This development shall be subject to a cash trails dedication. Tree Preservation 16. Individual lot Tree Preservation Plans will be required at the time of building/grading permit application. 73ff FINANCIAL OBLIGATION - Hayes Addition There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Storm Sewer Trunk S.F. .076/sq ft 83,865 sq ft $6,374 Total $6,374 /37 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates In effect at the time of final plat approval. B. Easements and RIghts.of•Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, In addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. • 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. plans and Specifications 1. M public and private streets, drainage Systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final Plat approval. . 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. Kc) _ _ 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements .1. If any improvements are to be installed under s City contract, the appropriate project must be approved by Council action prior to final plat approval. • E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Eater Quality Qedicatjon 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other • 1. 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N 69°59'56''E -..4' 1 „4 , a. :.:::': :.;•. c I— y Ov.i rV •.*Nar....6%-:::••"•:•.•4:::#10::•4•:•:•:•:::::••••re:••:•:•:•::;,::•::....:,..g.:•:•,s••::::::::.:.:::::::::::.:::i+;.:, , . al •::::::,:....:....*::::.:' .. ::::::::,:h..,„.:":%,......:..... .*...• .�'"�. :::Lbrj•,•:4•!33'' L 1 c 05 0 : s::::: • , ,,4f:•;•. 120.00 1 .. ;)•120°2 .?9r_ ....... :: ::t':•: ', • o T •tats 111::'` iy::„.0,y:,.,.. :. .: '��k".. • Tj� •,•:_'.?:;.ffi..g W:.: '$ 'z:::' — — — 206.25 — — J 3 ,0 to 'JO, \ qc •Yr,:Yr” �— — — — —Z, —, -7r- — — 1i1 \ .j, 11 • 323,0, Sag 37 13 W Tvi,$7 i 3 r in co do EXCEPTIdN o,.,, 9sr phA1MM[ ANO UTILir YI r .- • •,- r;'D - 1. •,^I„q t',106; , b' IAUUIWT �_ - fi�I+ iir_-/;E:N p ` , / r.I n 'I'`vill 0 \ �� '�`� �{ 10 n f ` 1-- 2 N/89 2°1445255 2+'W ,,; I rr Scale: 1 inch = 100 feet: SKETCH FOR PROPOSED DIVISION OP LOT 1, 131.00K 1, JOSEPH A. SNANDE 1ST ADDITION. FINANCIAL OBLIGATION LEGEND Storm Sewer Trunk • 7 ‘ .-. , MEMO _city of eagan TO: PLANNING FROM: MIKE FOERTSCH, ASSISTANT CITY ENGINEER DATE: JUNE 2, 1995 SUBJECT: HAYES ADDITION PRELIMINARY PLAT Attached for your information is a letter received from Mr. Bryan Hayes objecting to Condition No. 10 in the planning report dated May 16, 1995. Mr. Hayes feels the upgrade of the City streets adjacent to his proposed development should be done in conjunction with the streets in the adjacent neighborhood. For your information, the City's current five- year CIP identifies those streets adjacent to the Hayes Addition for upgrade during the 1996 construction season. In addition, the planning report identifies a need for storm sewer improvements across the backyard areas of proposed lots 1 -4. The developer has petitioned for the storm sewer improvements to be installed under a public improvement contract. The petition improvements are necessary for the proposed four lots to be developed. Even though the developer has petitioned for a public improvement to address the storm sewer issues identified in the planning report, nowhere is there a mention of the developers responsibilities for any costs associated with the storm sewer improvements as will be identified under project 689. Therefore I would like the following condition added: The developer is responsible for all costs associated with the developments share of the storm sewer cost under project 689. In the event the developer chooses to cancel the public improvement, the storm sewer improvements in the backyard areas of proposed lots 1 - 4 are still necessary for the development to proceed. Thank you for your assistance. Assistant City Engineer MF/cb Attachment: Letter /JO 05/26/95 Hayes Companies, Inc. 880 Sibley Memorial Hwy#114 Mendota Heights, MN 55118 Mike Foertsch City of Eagan 3501 Coachman Point Eagan, MN 55122 Re: Hayes Addition Dear Mr. Foertsch, I am writing in response to the planning commission report recommending upgrading of the streets adjacent to this development as outlined in the planning report dated May 23, 1995 page 5 paragraph 5. This development is adding a net total of two lots on highview. As a condition of this development I am required to upgrade roads adjacent to all four lots which are identified by the city to be upgraded to city standards in 1996. Due to the small size of this project and the inefficiencies of upgrading such a small section as well as being inconsistent with the existing roads adjacent to the identified roads, I request that this condition be dropped as part of my development and be addressed with the capital improvements scheduled for 1996. Thank you for your consideration. Sincerely, Bryan V. Hayes President Hayes Companies, Inc. Agenda Information Memo June 6, 1995 Eagan City Council Meeting D. PRELIMINARY SUBDIVISION AND CONDITIONAL USE PERMIT - RICHARD COSSETTE ACTION TO BE CONSIDERED: 1. To approve or deny a Preliminary Subdivision (Kenneca Development) consisting of 1.4 acres and two lots on Lot 6, Block 2, Cedar Industrial Park subject to the four conditions recommended by the Advisory Planning Commission. 2: To approve or deny a Conditional Use Permit to allow outdoor storage of impounded vehicles on Lot 1, Block 1, Kenneca Development) subject to the five conditions recommended by the Advisory Planning Commission. FACTS: • Richard Cossette is requesting approval of a Preliminary Subdivision of two lots located at the corner of Seneca Road and Kennebec Drive and a Conditional Use Permit to allow outdoor storage of impounded vehicles on the proposed Lot 2 of Block 1. • Although Mark's Towing has been operating the impound lot since 1979, they have never been issued a Conditional Use Permit. With this Conditional Use Permit, the property will also be brought into compliance over time with City paving requirements. The Advisory Planning Commission recommended the applicant be given three years to come into compliance and the applicant agreed to this at the meeting. BACKGROUND/ATTACHMENTS: (2) APC minutes - pages(..5.3 through(Si . Staff report - pages(Sfr through /73. Page 16 May 23, 1995 ADVISORY PLANNING COMMISSION KENNECA DEVELOPMENT - PRELIMINARY SUBDIVISION & CONDITIONAL USE PERMIT - EBERT CONSTRUCTION Chairman Miller opened the next public hearing of the evening regarding a Preliminary Subdivision (Kenneca Development) consisting of 1.4 acres and two lots on Lot 6, Block 2, Cedar Industrial Park, and a Conditional Use Permit to allow outdoor storage on Lot 1, Block 1, Kenneca Development located on the corner of Kennebec Drive and Seneca Road in the SW1/4 of Section 17. Project Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in the City staffs planning report dated May 11, 1995. Ms. Tyree noted the background and history, the existing conditions and the surrounding uses and compatibility with the surrounding are of the subject property. Ms. Tyree noted that a specific user for the proposed building to be constructed on the proposed Lot 1 is not identified but Marks Towing will continue to be located on the proposed Lot 2 for which an outdoor storage and conditional use permit is sought. Ms. Tyree noted that with respect to the preliminary subdivision proposal, the submitted landscape plan is unacceptable due to the need of additional plant material around the perimeter of the site adjacent to the public right-of-way. With respect to the conditional use permit, Ms. Tyree noted the site has been used for auto storage since 1979 for which the property has never been issued a conditional use permit. Ms. Tyree further noted that the rear half of Lot 2 has a gravel surface and with the subdivision proposal, the vehicle storage area will have to be surfaced with bituminous or concrete and a concrete curb and gutter perimeter. Ms. Tyree noted that the developer is agreeable to upgrading the vehicle storage area for Marks Towing, however, is requesting three to four years to complete this upgrade. Don McTee, a representative of the applicant, had no comment. Member Segal inquired as to whether the storage area itself is enclosed to which Community Development Director Reichert advised that the storage area is currently enclosed with a wood-fence screening. Ms. Reichert noted that from the outside of the screening, one would not know that it is an impound lot. Ms. Reichert further noted that the City Council was recently advised during a work session they do not deem an impound lot is equivalent to a "junk yard" because the subject impound lot does not participate in the sale of auto core or parts. Member Segal noted concern of the applicant's request for three years to upgrade the rear storage area. Member Isberg concurred stating that three years is too long but would be supportive of two years. Member Heyl noted that the Commission and the City Council has routinely allowed a phase in construction and would support a phase in construction in this case to be AC3 Page 17 May 23, 1995 ADVISORY PLANNING COMMISSION completed by 1997. The applicant's representative stated that the applicant would agree to a completion date of November 1, 1997, as opposed to November 1, 1998. Member Heyl moved, Isberg seconded, a motion to recommend approval of the Preliminary Subdivision (Kenneca Development) consisting of 1.4 acres and two lots on Lot 6, Block 2, Cedar Industrial Park, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, Cl, C2, C4, D1, El, Fl, Gi and H1. 2. The developer shall plat the property. Site 3. The developer shall revise the Site Plan to provide 10' wide standard parking stalls. 4. The developer shall revise the Landscape Plan to incorporate additional plant material that includes a mixture of overstory and understory deciduous and coniferous material to provide screening and year round color. All plant material shall meet the City's minimum size requirements. All approved in favor. Member Heyl moved, Wallace seconded, a motion to recommend approval of the a Conditional Use Permit to allow outdoor storage on Lot 1, Block 1, Kenneca Development located on the corner of Kennebec Drive and Seneca Road in the SW% of Section 17, subject to the following conditions: 1. The site and privacy fence shall be maintained. 2. Outdoor storage of vehicles shall be limited to impounded vehicles, no junk vehicle storage shall be allowed. 3. The vehicles storage shall be screened and no storage shall extend above the screening. `.J Page 18 May 23, 1995 ADVISORY PLANNING COMMISSION 4. The parking/storage area shall be upgraded to current City standards by November 1, 1997. 5. Impounded vehicles shall be stored on site for no longer than 90 days. All approved in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: May 11, 1995 CASE: 17-PP-11-3-95 APPLICANT: Richard Cossette HEARING DATE: May 23, 1995 PROPERTY OWNER: Same PREPARED BY: Mike Ridley REQUEST: Preliminary Subdivision (Kenneca Development), Conditional Use Permit LOCATION: 3670 Kennebec Drive COMPREHENSIVE PLAN: Industrial (IND) ZONING: Light Industrial (LI) SUMMARY OF REOUEST Richard Cassette is requesting approval of a Preliminary Subdivision of a portion of Lot 6, Block 2,Cedar Industrial Park (PID#10-16800-063-02) consisting of two lots on 1.4 acres located at the northeast intersection of Seneca Road and Kennebec Drive in the SW 1/4 of Section 17 and a Conditional Use Permit (CUP) to allow outdoor storage of impounded vehicles on proposed Lot 2, Block 1. AUTHORITY FOR REVIEW City Code Chapter 11, Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto:" A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C That the physical characteristics of the site including but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of the development. J�� Planning Report - Kenneca Development May 23, 1995 Page 2 E.. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has-been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUND/HISTORY The property in question was platted in 1967 as Lot 6, Block 2, Cedar Industrial Park and subsequently split into three parcels, apparently in the early 1970's. The subject property has been used for outside storage of impounded vehicles for many years; however, a CUP has never been issued for this use. Last year the City issued a building permit allowing the property owner to construct a building that is currently being leased by Mark's Towing. As part of the 1994 building permit review, staff failed to require the property owner to upgrade the site entirely. Therefore, the vehicle storage area of the site has not been surfaced, curbed, and a storm drainage system was not constructed. Planning Report - Kenneca Development May 23, 1995 Page 3 EXISTING CONDITIONS The 5,440 SF Mark's Towing building and impound lot are located on the northeastern portion of the site. The remainder of the site is a flat open maintained lawn that does not contain any wetlands or significant trees. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: The property surrounding this site is completely developed with assorted industrial warehouse uses and the entire area is zoned and guided for industrial development. EVALUATION OF REOUEST A. Preliminary Subdivision COMPATIBILITY WITH SURROUNDING AREA - The developer has not identified a specific user for the proposed building to be constructed on Lot 1; however, the end user will be consistent with allowed uses in the industrial zoning district. Outdoor storage associated with Mark's Towing (on proposed Lot 2) is screened from all sides and also appears to be compatible with the surrounding uses in the vicinity. Site Plan - The developer is proposing a 5,440 SF that is identical in size and configuration to the building currently occupied by Mark's Towing. The plan provides on-site parking that is consistent with City Code requirements; however, the plan calls for 9' wide stalls which is not consistent with the City's policy of requiring 10' wide parking stalls. The developer should revise the Site Plan to provide 10' wide stalls prior,to final subdivision approval. Lots-The developer is proposing lots that are consistent with Industrial zoning size requirements of 1/2 acre minimum area and 100' minimum lot width. The proposed Lot 1 has an area of.69 acres and the proposed Lot 2 (existing building) has a .7 acre area. Setbacks - The proposed and existing buildings and parking areas meet setback requirements. Landscaping -The Landscape Plan is unacceptable. The developer shall provide additional plant material around the perimeter of the site adjacent to public right-of-way. The additional plant material must meet the City required minimum size requirements and include a mixture of overstory and understory deciduous and coniferous material that will provide screening and year round color. Planning Report - Kenneca Development May 23, 1995 Page 4 Signage - The developer has not provided a signage plan for either of the two lots. All signage will require a Sign Permit issued by the City. Grading/Wetlands-The Grading Plan is acceptable. The developer shall provide erosion control measures to prevent any erosion occurring off-site. There are no wetlands located on this site. Storm Drainage/Water Ouality - The Storm Drainage Plan is acceptable, Utilities - The Utility Plan is acceptable. Separate utility lines will be provided to the proposed building. Access/Street Design - The Access Plan is acceptable. Both lots will take a single access from Kennebec Road. Easements/Rights of Way/Permits - The developer will record a private utility easement over the existing 6" water main that runs along Seneca Road to the existing building on proposed Lot 2. Adequate right-of-way exists along both Seneca Road and Kennebec Drive. Tree Preservation - There are no significant trees on site. Parks ar.i Recreation - The Advisory Parks, Recreation, and Natural Resource Commission recommends a cash park and trail dedication. B. Conditional Use Permit (CUP) AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subd. 4, C states: The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it fords 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 /c-1" Planning Report - Kenneca Development May 23, 1995 Page 5 values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Background - Staff concurs with the developer that the upgrading of the Mark's Towing site constitutes a redevelopment situation. Although a portion of the site has been used for auto storage since 1979, the property has never been issued a CUP. The developer is now requesting a CUP to allow for the continued use of the rear half of proposed Lot 2 as an outdoor impound lot/vehicle storage area. Current State Statute requires impound lot operators to hold impounded vehicles for a minimum of 90 days. Existing Conditions - The front half of the existing parking lot on proposed Lot 2 was constructed to current City standards; however, the rear half (vehicle storage area) has a gravel surface that provides for poor drainage. The gravel surface allows dirt to be tracked out onto the surfaced area and eventually into the City's storm drainage system. The City Code requires all parking areas for four or more vehicles to surfaced with bituminous or concrete and a concrete curb & gutter perimeter. The developer shall upgrade this storage area. Proposal - The developer is agreeable to upgrading the vehicle storage area for Mark's Towing. Mr. Cossette was unaware of the need for this improvement and therefore, he is requesting to be allowed 3 to 4 years to complete the upgrade of this site (Lot 2). In an effort to spread costs over a period of time, the City Council has, approved phased site improvements over a period of 2-3 years in recent redevelopment cases. These "over time" improvement plans have provided for specific improvements to be made each year, culminating t(e D Planning Report - Kenneca Development May 23, 1995 Page 6 with the entire site being brought in to conformance with City standards by the end of the time period allotted. Mr. Cossette is requesting a 3-4 year time period to complete the upgrade (surface and curb & gutter) of the existing storage area used by Mark's Towing. SUMMARY/CONCLUSION Preliminary Subdivision - The preliminary plans submitted reflect an acceptable general development and access/circulation design. Although a number of minor revisions are necessary prior to Council action on the final subdivision, the existing and future land uses associated with the proposal should be compatible and consistent with development in the surrounding area. Conditional Use Permit - A portion of the site has been used for outdoor vehicle storage for over 15 years. The developer's request to upgrade the Mark's Towing site over time is not unusual in light of other redevelopment cases the Advisory Planning Commission and City Council have acted on over the past year or so; however, the phased approach has been typically been used when there have been a number of site improvements necessary. ACTION TO BE CONSIDERED 1. To recommend approval or denial of the two lot Kenneca Development Preliminary Subdivision. Approval subject to the conditions listed below. 2. To recommend approval or denial of a Conditional Use Permit to allow outdoor vehicle storage on Lot 2, Block 1, Kenneca Development. Approval subject to the conditions listed below. Preliminary Subdivision Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, Cl, C2, C4, Dl, El, Fl, Gl, Hl. 2. The developer shall plat the property. Site 76' s Planning Report - Kenneca Development May 23, 1995 Page 7 3. The developer shall revise the Site Plan to provide 10' wide standard parking stalls. 4. The developer shall revise the Landscape Plan to incorporate additional plant material that includes a mixture of overstory and understory deciduous and coniferous material to provide screening and year round color. All plant material shall meet the City's minimum size requirements. Conditional Use Permit 1. The site and privacy fence shall be maintained. 2. Outdoor storage of vehicles shall be limited to impounded vehicles, no junk vehicle storage shall be allowed. 3. The vehicles storage shall be screened and no storage shall extend above the screening. 4. The parking/storage area shall be upgraded to current City standards by November 1, 1998. 5. Impounded vehicles shall be stored on site for no longer than 90 days. (ee STANDARD CONDITIONS OF PLAT APPROVAL A. ,]Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates In effect at the time of final plat approval. B. ,Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for uttimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Soectficatlons 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application'for final plat approval. . 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. A3 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. public Improvements .1. M any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. • E. ,Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Traits Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation ant: Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Inc 1. All subdivision,zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25. 1987 September 15. 1987 • Revised: _July July 1 p. X90 Revised: _Febtuary 2. 1993 • LTS#5 STANa1AD.coN 76s 57 • FINANCIAL OBLIGATION - Kenneca Addition There are pay-off balances of special assessments totaling $6,955 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the use proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None v: / . . _ ~ WATER ' TREATMENA I / °p FACILITY 1 1611 I I o- rd o4 °yy e CITY 4° 'Eqf, t.� V , MAINT. I co'a I o- t.� 'c* FACILITY 1 N rt•FD •■• �Y44 VIA �® '� : ACKNI M SK,{y, HILL —- tIB—-- � I - 17-- - I YORK ROAD TR - A 9 A t y1� 'b . �I �.n. . I ao 11 W ;ALAN• `� O \3 MONTERCY Lt1•� - ,• j� rI t KYLLO LN 'I'll cove 1/444K 1 �/ I t 1RD. I BELL SILVER SELL 4. `.J+'!o 0r c X AOTAtK _ - MM .A1 d _ BLACKHAWK a)o?` I PARK 52 O." ~ � i � y cC1)J/ / ar 4. 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E • i . ... nevi Oti •4094 ■ I • PROJECT SITE • FIGURE No. 17 I STORM SEWER LAYOUT LEGEND POrOMW/ACAS c;} ` MAP VOI'M SEWERS(i1iMO snow SEWERS(or...r0 •----- STORM UFT STATION(.sarrl.J • $TOPO.I LIFT STATION(pa..e.d 0 STORM FORCE RAIN y ♦...x.41.40 CITY OF MAJOR DIVISION 4■• POND NORMAL WATER LEVEL . . . . . . 900.0 EA G A N OVERLAND WQRANAOI VROUTE. 900.0 (73 - Fees: $200 investigation (non-refundable) •S 50 license CiTY OF EAGAN APPLICATION FOR MASSAGE THERAPIST LICENSE This form must be filled out by typewriter or by printing in ink by the sole owner, the individual seeking a massage therapist license.TRUE NAME: M (YYZL , m First Full iddl Maide RESIDENCE ADDRESS: U / � (� t k'.14 C,, fit-,P f'{ Ir). 5510n City / State Ztp RESIDENCE PHONE BUSINESS PHONE: 4P �� BUSINESS NAME: j .1'( '_`l (Y\ . f f,L& BUSINESS ADDRESS: 15(0. Li,/1L_J l.i f IA/t I S Zz. Street 8 y State/Zip 1. is the applicant licensed in any other community? Yesi2L No If yes, where: ��(��(,�� (ry {1 2. Has the applicant been denied a massage therapist license by any licensing authority? Yes No __ If yes, describe: 3. Each applicant for a massage therapist license shall furnish, with the application, the following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school. c. A medical certificate from licensed physician, declaring applicant has no communicable disease. Each applicant shall also furnish proof at the time of application, of a minimum of 100 hours of successfully completed course work in the following areas: a. The theory and practice of massage, including, but not limited to, Swedish, Esalen, Shiatsu, and/or Foot Reflexology techniques; and b. • Anatomy, including, but not limited to, skeletal and muscular structure and organ placement; and c. Hygiene. Front and side view photographs must be provided. 4. If you have ever used or been known by a name or names other than the true name given abov , list such n me(s) and information concerning dales and laces used. 140444_0(-ire A-0 n rcamL , bts ZAttach photo. ,r„ • yin a/MX( 5. Address(es) at which you have lived during preceding five years. (Begin with present or most recent address.) No. & Street AC..;&84 State Dates CIC361 ntettr) 4 .t12� .i el, to (. - 4 i%_. /11 1 - - 6. Occupation history for preceding five years. (begin with present or most recent.) :r f . Occupation Employer or Name of Business 19 to 19 Address City/State/Zip Length of Employment Occupation Employer or Name of Business 19 to 19 Address City/State/Zip Length of Employment Occupation Employer or Name of Business 19 to 19 Address City/State/Zip Length of Employment *Attach additional sheets if necessary 7. Have you ever been convicted of any felony, crime or violation of any ordinance, other than traffic? Yes_ Not. if yes, give information as to the time, place and offense for which convictions were had: 8. List the names, residences, and business addresses of three people, (prefer residents of Dakota County) of good moral character, not related to the applicant or financially interested in the premises or business, who may be contacted as to the applicant's character:li Name l .k•Ar 5.1--i AL el, III 'f Phone `bC i 0..._ I C(53 Address I IL I.t/J ( '✓KARA 114 •'LYl><1.04.0_ 1 Yyl Yl, 65539- Business Address :r+6 t 7 t i.0„, ''`}``Y (till L 1 0 4.1 L 4 A.l,l,l'l.Q, ''i i C.:t (1'(1_C Name C -(,, A/` P' ut Phone ►: Iu°`(41 I2 Address 4T ��. (1/W L i t), •RI\i( ��;`c te c il. 1' I)'0 �r�(ePi Business Address R.....(---h ''e t Name I ( l•eliqa0 \1/4147).-g././ Phone Address !4C Wit-41/LivC,t_ '-71st e _ • j- ".ti�k_ ) 111 I7 `` �(O'5 Business Address �`tiL•'U2J' 1 , Date: 4 5? g)/ " jihi ii Si: a re I A plicant Subscribed and sworn to before me this day of , 19_. • (seal) Notary Public i 04-•19- 5 01:53PM FRuM (J11'r Ur bAbAld iu SiiSbubi rUUa/NW__ 3830 Pilot Knob Road Eagan, MN 55122-1897 (612)681-4600 • CITY OF EAGAN APPLICATION FOR LICENSE REFUSE/RECYCLING I, John N. Milne hereby make application for a Refuse/Recycle license for the year 1995 - OWNER: United Waste Systems, Inc. 4 Greenwich Office Park Name Address Greenwich CT 06830 203/622-3131 City State Zip Telephone BUSINESS NAME: United Waste Transfer, Inc. _ 400 Whitall Street _ Address St. Paul MN 55101 776-2323 • City State Zip Telephone Municipalities where presently licensed: none - newly formed corporation SCHEDULE or FEES AND REQUIREMENTS: Type of License Residential Dwelling ($50. first truck/$25 each additional) -- Required for haulers serving single family detached, duplex and four-plex unite. -- Includes Residential Recycling License at no additional fee. -- Additional requirements outlined in Hauling Ordinance so attached. XX Multiple Dwelling/Commercial ($50 first truck/$25 each additional) -- Required for haulers serving multiple family dwellings larger than four-plexes and commercial accounts. -- Permits, but does not require commercial recycling provided that documentation of quantities recycled is provided to the City. Contact recycling staff for details. -- Includes Residential Recycling License at no additional fee. -- Additional requirements outlined in Hauling Ordinance as attached. Residential Recycling ($50 first truck/$25 each additional) -- Required for haulers performing residential recycling for single family, duplex, four-plex and multi-family residential. -- Applicable to independent firms and subcontractors to licensed haulers. Combination Residential Dwelling/Multiple swelling/commercial ($75 first truck/$25 each additional) - Permits service to all types of refuse accounts. -- Includes requirements as defined for each individual license. -- Includes Residential Recycling License at no additional fee. NUHBER OF TRUCKS TO OPERATE IN EAGAN; 2 • TO CALCULATE LICENSE FEE Individual license 1 truck @ $50 + 1 trucks at $25 = $75.00 Combination license 1 truck @ $75 + trucks at $25 = • PROVIDE: • Motor Vehicle XX Workers' Comp Insurance Insurance _ Rate Schedule expires _ (1/1 /95 expires 8/31/95 t - '