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11/06/1995 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER NOVEMBER 6, 1995*** 6:30 P.M. ROLL CALL & PLEDGE OF ALLEGIANCE ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) DEPARTMENT HEAD BUSINESS (BLUE) A. APPROVE Plans and Specifications for Blackhawk Park Shelter Building V. CONSENT AGENDA (PINK) PERSONNEL ITEMS PLUMBERS LICENSES CHANGE ORDERS, Police Department -Municipal Center Expansion RECOMMENDATION, Airport Relations Commission, Expansion of MAC Voluntary Nighttime Traffic Restrictions AUTHORIZATION, MVTA Membership in Suburban Transit Association SPECIAL HUNTING PERMITS, Brian David Lanner, Craeg A. Nolan CONTRACT 95-07, Approve Change Order #1, Nicols Road Street and Storm Sewer CONTRACT 95-15, Receive Report and Approve Plans, Well #19 CONTRACT 95-17, Receive Report and Approve Plans, Well #18 PROJECT 636R, Receive Petition, Authorize Revision to Feasibility Report, Poppler Homestead No. 2 Street Improvement VACATE FARM ROAD, Receive Request, Order Public Hearing CONTRACT 95-14, Receive Bids, Award Contract, Clemson Drive Streets and Utilities CONTRACT 95-20, Receive Bids, Award Contract, North Water Treatment Plant Repainting APPROVE Privatization Snow Removal Contract AWARD CONTRACT, Facilities Systems Inc., Landscape Partitions EASTER LUTHERAN CHURCH; COMPREHENSIVE GUIDE PLAN AMENDMENT from D-1 Single FamilyResidential to Public Facility, Quasi -Public and PRELIMINARY PLANNED DEVELPMENT to allow development of a 79,000 square foot church facility on the northwest corner of Pilot Knob Road and Cliff Road FINAL SUBDIVISION, Kenneca Development, located at the northeast intersection of Seneca Road and Kennebec Drive FINAL SUBDIVISION, Eagan Heights Townhomes 1st Addition, located north of Diffley Road, between Cedar Avenue Freeway and Old Sibley Memorial Highway APPROVE 1995 Budget Adjustments APPROVE Contract for Fire Pumper JOINT CABLE COMMISSION Recommendation, Pass Through of PEG Access Fee APPROVE CONTRACT for Well Drilling, Backhawk Park APPROVE CONTRACT for Installation of Septic System in Blackhawk Park APPROVE Framing of Equipment Maintenance Building, Lexington-Diffley Athletic Fields APPROVE PLANS AND SPECIFICATIONS, Authorize Advertisement for Bids, Schwanz Lake Water Quality Public improvements APPROVE AGREEMENT for Engineering Services, Montgomery Watson, Inc. APPROVE DAKOTA COUNTY SWCD Urban Cost -Share Grant Contract MASSAGE THERAPIST LICENSES, Jenny Lea Gamer for The Tropics; and Sandra Beyer for Care Chiropractic Health and Resource Center ACCEPT RESIGNATIONS, Cable Communications Commission and Airport Relations Commission CONTRACT 93 -GG, Acknowledge Completion, Authorize City Maintenance, Autumn Ridge 4th Addition Streets and Utilities DISPOSAL OF EXCESS Police Department Property RECEIVE PUBLIC WORKS Committee Recommendation FINAL SUBDIVISION, Soderholm Addition, located on the northwest corner of Lexington Avenue and Diffley Road, abutting the east side of Lexington Way 0 - PUBLIC HEARINGS (SALMON) CERTIFICATION of Delinquent Utility Bills CERTIFICATION of Delinquent Weed Cutting and False Alarm Bills VACATE Utility Easement, Soderholm Addition 1 • VII. OLD ►( A. P, , r G B. VIII. NEW 10,119 A. B. r• 18$ •f43F. 1,221G. BUSINESS (ORCHID) s , 41 ORDINANCE AMENDMENT, City of Eagan, to amend Chapter 11, Section 11.20, Subdivision 7, Public Facilities District AUTHORIZE PARTICIPATION, Runway 4/22 Mediation Survey BUSINESS (TAN) CONDITIONAL USE PERMIT, S.J. Knight, LLC, to allow a loading area within 300 feet of a residential district as part of a 20,000 square foot research and development/office building, located on Eagandale Court CONDITIONAL USE PERMIT, Hoovestol, Inc. to'allow underground fuel storage and dispensing and CONDITIONAL USE PERMIT to allow outdoor storage, minor repair, and occasional sales of trucks and trailers in a Light Industrial District on the east side of Mike Collins Drive, north of Yankee Doodle Road CONDITIONAL USE PERMIT, Minnesota Coaches, to allow outdoor storage of 22 buses and repair service for buses on the south side of Highway 55, west of Highway 149 FINAL PLANNED DEVELOPMENT, Benson Orth Associates, to allow a quick change oil facility on Thomas Center Drive just north of the Texaco Station RESOLUTION to Participate in Livable Communities Act CONSIDER Finance Assistance, Register Resale CONSIDER REQUEST TO TRANSFER, Trapp Pt. to City as Public Right -of -Way V IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS X. ADMINISTRATIVE AGENDA (GREEN) ON -STREET PARKING Restriction Enforcement PRIVATE IMPROVEMENTS in Public Right-of-way Policy XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT XIII. EXECUTIVE- SESSION UPDATE (GREY) The City of Eagan is committed tq'the policy that all persons have equal access to its programs, services, activities facilities and employment without regard to race, color creed religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. ***Note change in date. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 2, 1995 SUBJECT: AGENDA INFORMATION FOR THE NOVEMBER 6, 1995 CITY COUNCIL MEETING mummies Po :':iiii::�:v.i�:}1;:.ii•Y:id.i�ii:::viriii•':):i i::>;i•:: ii:f:1\ � After approval of the November 6, 1995 City Council agenda, the August 29, 1995 and October 17, 1995 special City Council minutes and the October 17, 1995 regular City Council meeting minutes, the following items are in order for consideration. Agenda Information Memo November 6, 1995 Eagan City Council Meeting DEPARTMENT HEAD BUSINESS' A. APPROVE PLANS AND SPECIFICATIONS FOR BLACKHAWK PARK SHELTER BUILDING ACTION TO BE CONSIDERED: The City Council is asked to approve plans and specifications to authorize staff to advertise for bids for the construction of a shelter building/pavilion for Blackhawk Park. BACKGROUND: The master plan for Blackhawk Park proposed a shelter building/pavilion capable of accommodating up to 200 people. The original program was for construction in 1994-1995, the start was delayed because of other department work priorities until the current year. The Advisory Parks Recreation and Natural Resource Commission, in determining a design program for the picnic pavilion, wanted the pavilion to be capable of allowing for "four seasons use". To accommodate this need, the final design makes use of garage doors that can be pulled down to enclose a portion of the building which can then be used for winter programs. It is intended that Blackhawk Park be used for a sliding hill, tubing activities, with the enclosed space to be heated but to only moderate temperatures in the mid 50s. The structure also utilizes common construction materials as used in other park shelter buildings such as concrete block, wood and a concrete floor. The preliminary design cost estimate is $307,000. Staff has also suggested the use of bid alternatives for roofing materials in order to better evaluate cost and benefit between a metal roof and an asphalt shingles roof. Associated Construction Staff has also been reviewing the various alternatives for providing utilities, ie - sanitary sewer and water to the location. The least expensive of the options provide for the drilling of a fresh water well at an estimated cost of $5,451 versus $22,200 for the installation of a city water line which would extend from Riverton Avenue, a distance of approximately 900 feet. Sanitary sewer provided by a septic system, similar to that which is used at Thomas Lake. The alternative would be to require the construction of a lift station and force main to Riverton at a projected cost of $30,000. Part of the Consent Agenda, if the Council approves construction of the shelter building is the pre -approval of the contracts for the septic system and well. DEPARTMENT HEAD BUSINESS - Continued Cost Preliminary cost estimates for the building, water and septic system is estimated at a total of $325,000. This does not include engineering services. The CIP, funded by the Park Site Acquisition and Development Fund was budgeted at $345,000. APRNRC Review The Advisory Parks Recreation Natural Resource Commission reviewed the final design, plans and cost estimate at their October commission meeting and recommended to the City Council to proceed with the construction of the facility. MINUTES OFA:A:fir-4 :MlkEi #if1G OF THE EtigiiA ; :Cts COUNCR:i �:gan, Minnesota :;bctober 17, 1995 " A regular meeting of the Eagan City' itO ;Was I:(c1c} *:Monday, October 17, 1995 at 6:30 p.m. at Black Hawk Middle School. Present were Maygt ;asgI Councllmembers Awada, Wachter, Masin, and Hunter. Also present were City Administrator Tom Redg;•'Eommunity Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. Wachter moved, Hunter seconded ax t i r: o $ agenda as presented. Aye: 5 Nay: 0 %f.{iLS:.vY.'f.A{vn++4iriv.:4fiY {�1ti"tiff++{{{{{ti+nti++'titi{{���+:ri{v:0.{tiJfi{i•nn�+L.•.vnwn.i{{•:+J:++:v\ri{{+{p�{A\PwW • Mayor Egan noted that on page 7, last paragr ]i, where it says •'Council Vice President", the correct title Is "Acting Mayor". Councilmember Masiit t tetl;siiiit•i #isriE were only four members present, the votes should read 4-0. She also noted her nameVaa'ti'iisspeiiek# f r 'page 5. Hunter moved, Awada seconded a motion to approve the minutes as amended. Aye: 4 Nay: 0 (Councflmember Awada abstained.) Wachter moved, Awada seconded ;a motion to approve the minutes as presented. Aye: 4 Nay: 0 (Councilmember Awada abstained.) RECEIVE BID AND AWARD SALE, $3,37540 GENF,# 1QBUGATION IMPROVEMENT BONDS • Dave MacGillivray, of Springsted, raiii iffie itiree bond sales and what they will be funding. He reviewed the results of the sale. He explainW'an unfunded mandate by the govemment, which Is a secondary market disclosure requirement. He also noted that the city's credit rating was upgraded by Standard and Poors from A+ to AA-. The reasons given by Standard and Poors were: strong growth in the city's market value spurred by residential and commercial development; favorable location providing easy access to downtown Minneapolis and St. Paul; continued sound financial management; and improved debt ratios and manageable direct debt burden. He noted that the low bidder for the $3,375,000 Geiieraf 'Obligation Improvement Bonds, Series 1995 was Harris Trust & Savings Bank at an interest rate o; X765%Machter moved, Awada seconded a motion to receive the bids and award the sale of $3,375,000 00@eral Obliigation Improvement Bonds, Series 1995A to Harris Trust & Savings Bank. Aye: 5 Nay: 0 - RECEIVE BID AND AWARD SALE, $820,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES ON INDEBTEDNESS, SERIES 1995B Dave MacGillivray, of Springsted, noted that the low bidder was Norwest Investment Services, Inc.; FBS Investment Services, Inc. and Piper Jaffray Inc., at an interest ratif#4.2773%. Hunter moved, Awada seconded a motion to receive the bids and award the sale of $820,000 tineral Obligation Equipment Certificates of Indebtedness, Series 19958 to Norwest Inyagrperrt..Sgrvicea. ,I'ric FBS Investment Services, Inc. and Piper Jaffray Inc. Aye: 5 Nay: 0 RECEIVE BID AND AWARD SALE, $3,275,0011•:GENERAL OBUGATION IMPROVEMENT REFUNDING BON '5,, SERIES 1995C ' Dave MacGillivray, of Springsted, noted that the low bidder was Harris Trust & Savings Bank, at an interest rate of 4.6287%. He noted that the purpose for this Issue Is to reduce interest costs. It will reduce the A. Personnel Items Item 1. It was recommended to approve4R:: It 11i f f Y.ohie as a Parttime Receptkmist/Clerical Technician II for the Police Department. Item 2. It was recommended to approve the hiring of.Teresa Polman as the temporary part-time MIS Intern. ftem 3. It was recommended to approve theilli jg of'i gela'bAenaar as a seasonal pre-school program substitute. Item 4. It was recommended to approve the hiring of John VanDiver as a skilled seasonal equipment maintenance worker. Item 5.- it was recommended 'to approve the hiring of Chris Beckman, Christena Benz and Andrew Flocchini as part-time seasonal concession stand wcOM .In• the Civic Arena. • Item 6. It was recommended to approve the hiriig:tfilii:Vdden as a parttime seasonal skate guard for the Chic Arena. Item 7. It was recommended to approve the hlri4f0f Kending, Deborah Marsh, Jacqueline Nichols and Mindy Roux as part-time seas t sls •:irigfructors for the Civic Arena. B. Project 693. Cedar Grove 11th and 12tti•Addition Streetilahts. It was recommended to approve a contract with Dakota Electric Association for the Installation of streetlights within the Cedar Grove 11th and 12th Additions under Project 693 and authorize the Mayor and City Clerk to execute all related documents. C. Joint Powers Agreement with the South Met�QQru9.1-.9�C•FoNg. It was recommended to approve the 1996 joint powers agreement as presented. .. D. Comprehensive Guide Plan Amendment. Souther Industrial Area. It was recommended to approve a Comprehensive Guide Plan Amendment changing ttiOiland uO ; ;designation for Halley's Addition and two unplatted parcels between Highway 3, Red Pine Lank: un Cluiiigoad and Halley's Addition from D -I Single Family Residential to Industrial. E. Contract 93 -GG. Autumn Ridge 4th Addition. It was recommended to acknowledge completion and authorize City maintenance for Contract 93 -GG subject to appropriate warranty requirements. F. Contract 95-14. Clemson Drive. It was recommended to apprs a the plans and specifications for Contract 95-14 and authorize the advertisement for a bid opening to be;3iigk1 at 10:30 a.m. on November 3, 1995. G. Project 689. Haves and Delosh Addhiorit:pt:W i:iat:W* ec ommended to change the public hearing date for Protect 689 from November 6 to H. Approve Resolution. Municipal State Aid Funds. It was reci i> iiinended to approve a resolution requesting advanced encumbrance of Municipal State Aid funds and autifeiize the Mayor and City Clerk to execute all related documents. EAGAN CITY COUNCIL MINUTES; OCTOBER 17, 1:; :;:;:• ::::::::::: `::::::::: PAGE 3 ..... ..... I. Set Public Hearing, Final Assessmeni* Delinquent Wegebutting and False Alarm Bills. ft was recommended to set a public hearing for Ndif.gpber 6 to consiq :rkte final assessment of the delinquent weed cutting and false alarm bilis and certify thenfip:.. 9ta Cour t liar collection with property taxes. J. Appointments to Holz Farm Task Force. It viii iii# tiiiti", ded to approve the addition of Pam Johnson, Steve Levin, Vivian Neiger and Patti Johnson to the Holz Farm Task Force. K Findinos of Fact. Denial of Conditional Use Permit, Ballard Transfer and Storacte. it was recommended to approve the findings of fact on denial of a conditional use permit for Ballard Transfer and Storage for Lots 1 through 3, Block 6, Eagandale Center Indus.#cs;:; L Findings of Fact. Denial of Conditional Use Perrri1 ifIdeo Atte. It was recommended to approve the findings of fact on denial of a conditional use permit for;Video Update, located on Lot 3, Block 1, Thomas Lake Center. • M. Massage Therapist Licenses for Tina Hi :ari • JeiiiiiiiiliAbert at The Tropics. ft was recommended to approve the massage therapist licenses as presented. N. Commercial Refuse Haulers License. Haut -Tech Environmental. It was recommended to approve the commercial hauling license as presented. O. Gambling Premise Renewals. Dakot4p.ipty.Humane Society. for LaFonda De Los Lobos and Valley Lounoe. It was recommended to approvereii�a ial gf gambling premises permits for Dakota County Humane Society as presented. P. Contract 94-16. Red Oak Addition and St. Frarijs Wotj r o��..�vi►a$fecommended to acknowledge completion of Contract 94-16 and authorize perpetual City led::tlbject to appropriate warranty provisions. O. Project 673. Authorize Settlement ai4: 'ejiment for City Easement #552. Red Pine Lane. It was recommended to approve the stipulation of Easement #552 associated with City Project No. 673R In the sum of $6,000. R. Extend Moratorium on Residential Garbage and Recycling Hauler Licenses. It was recommended to extend the moratorium on the issuance of additiopsil.re.s0A iiat,Qarpoge and recycling hauler licenses. Awada moved, Wachter seconded a'rfiotioii '01CrOVitine consent agenda as presented. Aye: 5 Nay: 0 PROJECT 674, VIOLET LANE FINAL ASSESSMENT HEARING Director of Public Works Colbert gave a staff report. Mayor Egan then opened the public hearing to anyone wishing to speak. Dave Johnson, of DLJ Associates, noted that In going Mtbugh the numbers, the project was done on budget. He noted that the LeMieux property, assessment was r iciced to $35,000. Therefore, DLJ Associates picked up 72% of the cost of this project, sxi�i#; titt:;k MEeu 3sfd 28%. He feels the LeMieux's have greatly improved their property by having city serill6iielift:tidtiaditilitaj Associates is contributing $12,265 of their project improvement. He noted the assessment per lot was expepted to be $8,300 In assessments, and It will now be $9,500, which they can't recover because six lots are *Wady sold. He feels there may be an error In the services and allocations due to the fact that costs went:ici ji: $20,000. Mayor Egan stated- he feels the flexibility shown by him in the assessments with respect to the LeMieux's is a demonstration of good faith. He EAGAN CITY COUNCIL MINUTES; OCTOBER PAGE 4 ..... feels DLJ made their development much mdi aiatable to the n6fgiibors, and expressed his appreciation for making that effort.._• John LeMiew, 1535 Violet Lane, stated was iio i Element made on these assessments. Mayor Egan stated he feels the developer took an unprece tiitil step by offering a concession. Mr. LeMieux noted that there are no hookups or stubs to his land. Discussion followed conceming service to the LeMieux property and Director of Public Works Colbert indicated he can check his property and verify the location of the water service stub. There beings no one else wishing to speak, Mayor Egan then tumed the discussion back to the Council Hunter moved, Wachter seconded a ' fiiiitIc ti i AD bft se i9 public hearing and approve the final assessment roll for Protect 674 and authorize its certitiiratiion to Gaiiota County. Aye: 5 Nay: 0 PROJECT 666R, WATERVIEW ADD.. N FINA ; ASSESSMENT HEARING • Director of Public Works Colbert gatib:; # re pi r rYor Egan then opened the public hearing to anyone wishing to speak. Doug Johnson, 4775 Dodd Road, stated he and his neighbors are opposed to the size of the assessment. They would like to be treated similar to those on the north end of Dodd Road, who had a similar issue that went to court. He presented a petition of people who are opposed to the assessments. • There being no one else wishing to::StOeftlylayor Egan tumed the discussion back to the Council. Councilmember Masin suggested that a portion''of•Th : ssments that aren't impacted by the Waterview development be deferred until the time of hookup.' Coorlblitlie nber Hunter stated he believes k is usually deferred with interest until the lots are either sold: ;lir• Councilmember Awada stated she information on exactly what the decision was on the north end of Dodd Road. City Attomey: $#ieldori responded that the judge's decision was that the benefit was determined by taking the value of the assessments and subtracting the cost for the individual property owner to hook up to the services. Councilmember Awada Indicated she would like an analysis of that compared to these numbers because she feels the Council needs to know what will hold up In court to make future decisions. She would like to continue this until more information is received. Director of Public Works Colbert indicated that this Is the last meeU.ng tb the .Council can certify the assessment roll so it can be collected starting in 1996. He suggested : :aas 010::.« I Qiiild be certified tonight and adjusted later. Considerable discussion followed conceming''i►Vila thiiii''iyr'rieif:to':bertlfy the assessment roll. Awada moved, Hunter seconded a motion tpAontinuethe public hearing and refer It to the Public Works Committee to review this Issue and the legal re#OficationeZtounclimember Hunter stated he prefers to close the public hearing so notices don't have to bent an::pouncllmember Awada accepted that as a friendly amendment. Director of Public.Works Colbert asked whether the Council would consider adopting the assessment roll except those who submitted a written objection. Councilmember Awada stated she prefers to handle them all at once and Councilmember Hunter concurred. Some discussion followed. Aye: 5 Nay: 0 PAL— REVISED PREUMINARY PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBD , 14 AR :gAGAN 3RD ADDITION Community Development Director Reichert gave a staff;report, reviewing both what was originally proposed, and the various revisions made to the plan. ShiiiNviewed the concems the neighbors have expressed in the past, and how this pian is proposed to deal vi h:those issues. She noted that she thought the neighbors were in agreement with this plan, but has since found out that they are still not happy with this proposal. She feels this is a good compromise. • EAGAN CRY COUNCIL MINUTES; OCTOBER 17, PAGE 5 .... ... . • Byron Watschke, of Fortune Realty, Nated he feels they haw bent over backwards trying to satisfy the city as well as the neighbors. He noted the cificikhas changed foy:tlmes, and the theater has gone from 1,500 seats to 400 seats. The theater was movecrl:she south, ayisty'.:#tom the neighborhood. The commercial buildings were moved closest to the residential istji0i0e.itiggiObre predominantly daytime operations. They have greatly reduced the commercial Intensity 'anti 8pfited.•ttie parking problems. He complimented the Community Development staff for the good Job they did on the staff report. They have proposed a three member committee consisting of himself, Carl Dale, and one member from the neighborhood to supervise the construction and development of all three sites. They are willing to continue to work with the neighbors. He feels this Is a good project for the city and they accept all of the conditions proposed by staff. Gary Krueger; 4532 South Mallard'lt U, :tet . ritlnif i Thomas Lake Townhome Association, indicated they are unanimously opposed to this plan.:.:;They feel Wit this project, especially the Cinema Grill, Is not compatible with the surrounding residential area .due to traffic congestion, inadequate parking, noise, alcohol being served, odors, lights shining on neighbi# , g prope i*s, etc. If the Council feels they can't deny this, he asked that they demand It be done Pith:ski: cOttslclet6itfcan for the neighboring properties. He feels the Williams Pipeline should be lowered, and iiitifimittiit3Atiairts be required for all buildings. • Teresa Wilson, 4601 Beacon Hill Court, stated she feels the neighborhood south of Cliff Road has been totally ignored in this process. They are also in a residential neighborhood and have never been notified of any of these meetings, and they will be directly impacted by this project. She is opposed to this development due to concems about safety, traffic, noise, serving of alcohol, odors from the restaurant, etc. • Mayor Egan Indicated that the notice lei ti#ment is only for those within 300 feet of the subdivision. Councilmember Masin asked what she anticipated beitigbl44.Mere. Teresa Wilson responded that they were forced to move quickly and bought the first houst?:.avallable:;:ki'she had no Idea what was across the street. She liked the empty field. She would like to see;park• Mayor Egan noted that people make reasonable inquiries of what is to go in the area when buying a home. There is a sigr;ii#'ttie property saying that a shopping center is going In there. This has been zoned neighborhood commercial and there Is already a commercial strip mall on the property. ft is not unreasonable to expect people to make reasonable inquiries about surrounding uses. Councilmember Awada added that the developer has rights to use the property and what Is being proposed is consistent with the zoning. Under the current zoning, it could actually be developed more. dense than what is ptoposed. Sandy Unger, 4542 South prefer that the office building not be two stories. The commercial building is dosesf to f e'fiefi barhi3 d She expressed some concem about the landscaping and screening. She Indicated the neigtrs are willing to continue to work with the developer, however, they have had a lot of problems with the deirlKtoper Ir:;'* past and there is a lack of trust. Mayor Egan asked whether lowering the pipeitiie wouldiiigiange the grade elevation and whether It is still feasible to do. Director of Public Works Colbert indicated it WWI feasible; however, he can't speak to the economics of doing that. There being no one else wishing to speak, Mayor Egan tumed discussion back to the Council. Councilmember Masin stated that 11 the developer isn't going former the pipeline, it might be better to reduce the office buildings to one story. She feels the lighting issue haeen resolved, but it still bothers her that the city can't go back to the health club to enforce what was sued to be done. She doesn't feel the city should do anything until that is resolved. C ittagii.O k;H ted that this is a pending proposal and the • city can impose conditions. However, Lifefftiiai>s: : there is nothing to hold over their heads at this point. • Counctlmember Wachter stated he doesn't approve of:tiii landscaping plan. He would like to talk to the City Forester about the species of trees proposed. Community Development Director Reichert noted that this is just a preliminary plan. Some of these details can be worked out before the final plan is submitted. EAGAN CRY COUNCIL MINUTES; OCTOBER 17, PAGE ..... .... ..... • Councfinember Hunter noted that this. Is a significantly :different proposal from what was originally proposed. The main objection has been to iifijht time use and:#*:proximity to the residents. This proposal moves the high Intensity night time use to Cliff:.t; 0;.; Mf. Wat hrk'e has worked very hard with the residents on this project. The city has performance guardfifeie :.ar 1 :siipports this proposal. Councilmember Awada stated she feels this plan will take care of the parking problems. She supports this proposal. She feels it Is a great Improvement over past plans. It is a Tess Intense use than what could go there under this zoning. They have come a long way and at some point, a compromise has to be reached. #: ` : rantee for landscaping. Community CouncAmember Hunter asked abDti� ��i�:: t�,.,�a p ng. Development Director Reichert noted that that is a stanciard in'tfie ;t C•e. Councilmember Hunter recommended that a construction committee' be formed before the fail: plannedi:development. Discussionfollowed. • Mayor Egan concurred that he feels the paFkir probler 'bas been resolved. He feels the developer has come up with a plan that meets the Intel : ;a:Aeighbi t) Qo shopping center. Awada moved, Wachter seconded a motion to approve the preliminary planned development amendments to allow a 10,500 square foot, 400 seat movie theater/restaurant on Lot 1, a 20,800 square foot two story office building on Lot 2, and a 16,640 -square foot two story office building on Lot 3, all of Block 1, Safari at Eagan 3rd Addition, subject to the following conditions: 1. The term of the preliminary plaiisi].development Is five years. 2. Execution of a preliminary planned deveiopm nt ggreement amendment for the following uses: • • ;r Lot 2: a two story, 20,800 square fo it' office:brf0ivith 129 parking spaces on 1.99 acres; Lot 3: a two story, 16,640square fo i df :puHd1ng with 106 parking spaces on 2.30 acres. 3. A 400 seat, three screen theaterr'estaurant which serves beer and wine, Is approved to be developed on Lot 1, Block 1, Safari at Eagan 3rd Addition. 4. Execution of a final planned development agreement. The following exhibits are necessary for this agreement: final site plan, building elevations, signage plan, landscape plan, lighting plan and plat. Upon submission of these final: t Simy.k1a0:tt3yare in conformance with the preliminary plans submitted, the final planned devietoipmiiii*. t p vi 0ed to the City Council for approval. 5. The owner will be required to apply for, alk be appZcved for a beer and wine license. 6. The movie theater/restaurant shall be coil ucted v l0 an odor reducing system In the kitchen in order to minimize and prevent the grill and deep frt::odors from escaping the building. 7. All bituminous parking and drive aisle areas shall be properly maintained. 8. The developer/owner shall install and maintain all landscaped and sodded areas including the underground irrigation system. 9. The landscape plan will be re1!IS.e0; to..ind: addklonal plant materials and a change of plant materials reducing the 10. The full amount of the total estimated cost of the lafldscaping for the site will be calculated to the financial guarantee amount. 11. Permanent nonexclusive cross parking easements will be required for this development and for Lot 1, Block 1, Safari at Eagan 2nd Addition (Lifetime Fitness). Aye: 5 Nay: 0 Awada moved, Wachter seconded a motion to approve the preliminary subdivision for Safari at Eagan 3rd Addition for three lots on 7.7 acres in the Southwest Quarter of Section 28, subject to the following conditions: 1. The developer shall comply with: rd. conditions of plat approval Al, 81, 82, B3, B4, C1, C2, C4, Di, El, G1 and H1 as adopted i# it w�:February 3, 1993. 2. The developer will be required to s mit detalle4: tis and specifications showing the retaining wall construction. 3. Existing 1 1/211 copper water 4014.1iries, that will not be utilized by this development but are stubbed to this site from Thomas Center Drive, shall be capped and abandoned according to City standards. 4. Permanent nonexclusive Ingress and egress easements will be required from this development across the health club parking LQt inttie,Safari at gegen 2nd Addition and across Outiot A of Safari at Eagan 3rd Addition. 5. Thomas Center Drive shall be widener by 8' tQ::provide a southbound right tum lane of approximately 150' to Cliff Road. 6. the developer shall be required to instair ':6' widtiPiOncrete sidewalk to complete the sidewalk installed along the north and west side of Thoma's''Center Drive with the Safari at Eagan 2nd Addition (Lifetime Fitness) development. The 3rd Addition sidewalk segment will complete the concrete sidewalk from Thomas Lake Road to Cliff Road via Thomas Center Drive. Aye: 5 Nay: 0 Community Development Director Reichert requested diction from the Council relative to the unmet conditions at Lifetime Fitness. Wachter m mcgiftiAlAW§rit*Vec4 motion to direct a letter to Lifetime Fitness concerning non-compliance with approved:01W :::; • • ::. ORDINANCE AMENDMENT, SECTION 6.3k; CARDING SOLICiTORS Administrator Hedges gave a staff report. Finance Director VanOverbeke explained the situations where registration would be needed under this ordinance. Councilmember Awada asked how this will benefit the city. EAGAN CITY COUNCIL MiNUTES; OCTOBER 17, PAGE a ... Finance Director VanOverbeke responded tha.the benefit is that he.city has a list of the people who are going : door-to-door In the community and have a Opportunity to tel em when the city wants them to do the solicitation and some gukielines for the apprct :thy .take; ;* well as some leverage if they do not comply with those guidelines. Counctimember Awada 'ileit.04040.0iiil think this ordinance will do anything. Alt It does is make people register. Counclimember Mas Stec! she sees some benefit to having them registered, so if there is a question, the city knows they are legitimate. Finance Director VanOverbeke indicated it doesn't mean they are legitimate since there is no background Investigation. He noted that was done in the past, but they were advised that It is not legal to do that. The decision to be made Is whether to register everyone, or no one at all. Counclimember Awada statec#:et,e1eels.tha., ijpate, people will register, and the questionable ones will not. Counclimember Hunter contei ;iglOOf k: Wachter and Mayor Egan Indicated they would like to give It year trial. • ""' Wachter moved, Masin seconded a motion to pprove th ordinance amendment as presented. Aye: 3 Nay: 2 (Awada, Hunter opposed.) OPTION AGREEMENT, NO11ThW STERN MUTUAL LIFE INSURANCE CO. Administrator Hedges reviewed the background on this item. Councilmember Wachter stated he feels the city Is being pressured Into this. He does_n't know if the city should even be In the golf course business, and the city doesn't have any reports on this. The owner of Carriage Hills has a cash offer and wants the city to givehim an answer right now. The City gap.' come up with that kind of cash on such short notice. The City could put in an option, but the owner could; tllE.lake the cash offer. He doesn't think the city should get into this on such a short notice. He is not opposi;if:3Q; :ides :of acquiring Carriage Hills, but is opposed to that amount of money on such a short notice. The CniZih #Gl?1 ve a chance to express their opinion on this or hold a public hearing. He is definitely opposed to the purohaee of Carriage Hills Golf Course at the price they are asking for k. He would have gone along:vrfth the;;gRXEoii:if:they hadn't put this kind of pressure on the city. Counclimember Masin Indicated thiiItF a City is running out of time and land. She doesn't think the city has a lot to lose by keeping the option open by 60 days. She feels the city should keep its options open, at least on the Northwestem Mutual property. Mayor Egan noted that the residents of Eagan place public trust Intthe Council by electing them. He is concemed about losing one of the city' . Otf;Qotltsesr::: he:Atizens have given the Council the power to make decisions on their behalf. He feels the•:Gf�uticJJ: lig4:. owhat it perceives to be In their best Interest. Considerable discussion followed conceming the puq ase priea,of both Carriage Hills and the Northwestern Mutual property and how to proceed from here. Masin moved, Awada seconded a motion to#Itect staff:t;make a new offer for an option agreement with Northwestern Mutual that would Include coming to some ty:of conclusion within 60 days. At this point, several people who live near Carriage Hills Golf Course expressed concems about losing the golf course, the amount of money needed to make Carriage Hills operational and residents' preference of having Carriage Hills remain a golf course. City Attorney Sheldon clarified the process that would be followed if the owner petitions for changes to that property. He noted that the Council does not make a decision until all of the facts are presented. Counclimember Hunter added that the Council c ai t make the owner operate that property as a golf course. However, there are a number of eligible uses In *Public Facility zoning. The owner has a right to reasonable use of his property. Aye: 4.;:R4y; 1::.:1Nactftr :apposed.) REQUEST FOR APPROVAL OF PUBLIC RIGHT-OF-WAY Aii4 UTILITY EXTENSION; VANTAGE POINT Community Development Director Reichert gave a staff report, reviewing the background of this request. City Attorney Sheldon added that if the Council grants the right-of-way and utility access through the park, it EAGAN CRY COUNCIL MINUTES; OCTOBER 17,1: PAGE 9 .... should be conditioned upon deeding to the cltjt the existing privai:.�,Pasement that that property now holds, so there is only one right-of-way. Mayor Egan rapt i that the Cour Auld have to approve access directly onto Diffley Road, noting that two Tots would be * :a:,Fg§ufx.pf 444tE He asked whether the grading would be adequate for city standards with direct access train:'# e ; :pl ctor of Public Works Colbert responded that it would. Councilmember Awada asked whether acce 'thi ough a park has been approved anywhere else In the city. Director of Public Works Colbert indicated he cannot think of any situation where this type of access was granted. Considerable discussion followed concerning public right-of-way and the Advisory Parks, Recreation & Natural Resources Commission and Advisory Planning Commission recommendations. Mayor Egan noted that because access to Diffley R9g:IsAmailalpf$sand ,grading is adequate, he would not support access through the park. He reviewed the t%$i :?b i.:gaff report. Todd Rapp, representing Remo and Karen Caporal, the developer of Vantage Point subdivision, stated he feels there have been inconsistent and incorrect rA Fesentatlogs made about the development In the staff report. He reviewed the subdivision and easements::: ke revieiad the history of this request and the court decision regarding the preliminary plat. He OtOiffiaitiOteitOort that originally considered the preliminary plat application suggested that the ordinances- couid''teiigiihabiy be interpreted to Impose reasonable conditions, which were listed in the staff report, and they don't have any objection to them. The Caponi's originally proposed access to the north of the water tower because that is where the easement was located. Staffs suggestion was to move it to the south-0`nhe water tower, and Engineering staff redesigned the access, and that is the proposed condition of preliminary subdivision approval that was contained In the original staff report and in the preliminary plat materials:4hat were considered after the District Court ruling. Staff seemed to be amenable to the notion that the new pOkepegt be provided through the park to serve the development, and that the existing gravel driveway be removed: :the•existing easement be terminated. What the Council is talking about tonight is changing the preliminary" jilaii > 0. Is inappropriate. As a result of the court decision, the Caponi's have a right to the layot►t; And design; of.tbe preliminary plat as originally proposed, subject to fair conditions, which is where within tfie,puh is t.: tiii road should be located. He alluded to a discrepancy in the reference to a letter from Lea i 0.ii: ¢ftl�ie Advisory Parks, Recreation & Natural Resources Commission, noting that there are several leitsit:#iefing referred to. The Council packet refers to a July 1, 1994 letter, but the one that was sent was dated ;liily 18, 1994 and was on city letterhead addressed to the Advisory Planning Commission. On the only occasion that the APRNRC considered this proposed development before the preliminary plat was certified as accepted, there was a May 17, 1994 memo from Ken Vraa to Peggy Reichert, wherein no opposition was expressed to street access through the park. There has never been a single objection raised by any member of the public to this proposed development. There has never been a single objection, exception or clarificatiokOlade:::Wsly:;•flier of staff suggesting that this proposed residential subdivision does not fully cciiiii ::iwii€h dl;:. it; 0i::. r linances and criteria for a single family development. The only thing 'wrong' is that between:the time the;Caponi's purchased their property, and the date they proposed a development of their property is * e City ;moi purchased private property, changed its zoning, developed It as park land, and now is dea18 4 with tti#IiProblems of that decision, not taking Into account In that process the development rights and tesonableivelopment expectations the Caponi's have always had. The Caponi's proved in court that they ought to beIiiitile to develop this property. He doesn't feel the access is an issue any longer. The City has a responsibility to provide them with the access necessary to effectuate the preliminary subdivision as originally submitted. Councilmember Hunter asked about a statement made by,: Community Development Director Reichert at an earner meeting relative to details such as access can* worked out at a later date. Todd Rapp elaborated on statements made by Ms. Reichert at that meeting,oting that the access was designed by City Engineering staff in the location they fritq: zroet:•appF pOt.e..;The Caponi's are willing to move it a few feet in either direction, but he feels the location tsi: s i4Acl: s tidy been determined. Councflmember Hunter asked whether there were conditions imposed ori this jStliiiiliia'ry' "a$bdfvislon. Community Development Director Reichert responded that the preliminary plat was never approved,:iso the conditions were drafted by staff and recommended by the Planning Commission, but were never. i. ppted by the City Council. The road was designed by Engineering staff, but it was never approved by aiijidne. EAGAN My COUNCIL MINUTES; OCTOBER 17.1x95:: PAGE 10 .. ;.... Mayor Egan asked the City Attomei.as to what flexibjir the city has to redesign the road. City Attorney Sheldon responded that the questiqkbeore the City .C;;OlcU is whether or not to grant public road and utility right-of-way through a city park. Tiig Rrflpritrty o t :currently has a right to take access through the city park for the property with his house on•L. hey:a iitltg the city to give a larger right-of-way for the public to come through the park and access their rifeiNstki development. The subdivision is not the issue tonight. Councflmember Awada noted that the city has never allowed a public road through a park. She doesn't have a problem with the utility extension, but•:i :Rpgosed.tp.the and for all of the reasons on the record and In the staff report. .. ::::: Mr. Rapp responded that the whole purpose ot:die public #ilk Is to provide public access. Th Council has admitted In earner meetings that the additional incYremental.Amount of traffic caused by 11 single family residences wouldn't add significantly to the traffic catizi#t into ttils:park. He feels there is no rational basis for denying access to a plat that has already bEeit;i• iovedi ttlat; gs access through public property. Masan moved, Awada seconded a motion to approve easements to extend water and sanitary sewer through the Lexington/Dfffley Park to the Vantage Point subdivision, subject to the condition that the full cost of extending the sewer and water shall be the financial responsibility of the developer. Aye: 5 Nay: 0 Masin moved, Awada seconded a ..motion to deny provision of a public street access through the Lexington/Dfffley Park, for the following reas#►s:::.. 1. Increased access for ingress/egress froiii tpttspgsed subdivision through the City park will cause an Increased burden upon the park $txd'its faclCrtfes .: t 2. Access through the park would 1.10i •:Bei• iHUy:oi the City with respect to the long term use of the park. 3. The proposed cul-de-sac, with access through the park, Is longer than that permitted by City ordinance witlhout variance. 4. Accessing through the City park for an 11 lot subdivision is not desirable and will cause confusion amongst park users and residents ;b :t re t.:b"dtfC .wm .enter the subdivision without notice and there Is no access to Dfffley Road. •......................... ... 5. Accessing the proposed subdivision throta park perip rty will require higher priority snowplowing and road and street maintenance of pari iipfoperty Wthe City than would be required otherwise. 6. The applicants have failed to meet their burden ofitirioof, especially since other reasonable and suitable access is available directly to Dfffley Road. and that staff be directed to prepare findings on this matter. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION, KRE$SE ADDITION Community Development Director..ieictte4..gavQ. g ,Ot report. Mike Kresse, the applicant, urged Council approval. Hunter moved, Awada s 110440ial pitta approve the preliminary subdivision for Kresse' Addition, subject to the following conditforis :::•:•::.:::: %•::::.::::: :•• 1. The developer shall comply with standard condit1 is:of plat approval Al, B1,B3, C1, C2, C4, D1, El and Fi as adopted by Council on February 3, t993. PAGE 11 • 2. A variance shall be granted fronx.; rty Code Section:13,30, Subd. 8.0 to allow Lot 2 to be created with access provided from a priA013.asement rata f;f ian from a public street. 3. The developer shall dedicate 30 feet lel kif-way on Skyline Drive along the south edge of the site to allow for possible future extension of Skyline Drive to the south. 4. 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. 5. A notice will be recorded on eac of # i#Ic • ittg lk t#s3ocated within Metropolitan Council Aircraft 6. Protective fencing consisting of 4 foot ppl*hylene rflinate safety netting be installed at the drip line or at the perimeter of the critical .root' iab,•Yvhj .er Is greater, of significant trees/woodlands to be presented. ... Noise Zone IV. 7. The developer shall contact the City Forestry Division at least five days prior to the Issuance of the grading penult to ensure compliance with the approved Tree Preservation Plan. 8. The developer shall plat the property. Aye: 5 Nay: 0 FINAL PLANNED DEVELOPMENT, PRELIMINARY•S EViSION AND CONDITIONAL USE PERMIT KINDERCARE L ARNiNG•C.EK RS, INC. Community Development Director Relekittgavo' a staff report. Awada moved, Wachter seconded a motion to approve a final planned develop int•to'allow a daycare facility and related parking lot on Lot 1, Block 1, Galaxie Cliff Addition #1 in the Galaxie Cliff Plaza Addition Planned Development, subject to the following conditions: 1. The final planned development for Lot 1,Block 1, Galaxie au Addition #1 will incIude a 10,500 6 i square foot daycare facility ar f • I 1 *I :th 11 spaces designated for future parking, landscaping, signage, shown on preliminary plans submitted. 2. A final planned development agreemenfhali be :iiixxcuted prior to final subdivision and final planned development approval. The follag exhitts:are necessary for this agreement: final site plan, building elevation plan, sign pian, fandscape:ian and lighting plan. Upon submission of these final plans, provided they are in conformance•vt+(th the preliminary plans submitted, the final subdivision and final planned development may proceed to the City Council for approval. 3. The developer shall enter into an agreement with the City regarding Implementation of future parking. • 4. All other county and State regulations, permits and gensing requirements shall be applied for and approved. 5. The developer shall use due. diligence to cooperat1i with Bumet Realty to remove the existing bituminous curb •and replacing it with a concrete • and gutter. Aye: 5 Nay: 0 Aye: 1. The developer shall comply with stat�itI :l';'dJ Ibns of plat approval Al, Bt, B2, B4, Cl, C2, C4, D1, E1, F1, and Gi, as adopted by Council' isn'February 3, 1993. _ 2. The developer shall revise the grading plan to reflect slopes of 3:1 or gentler or construction of retaining walla to meet slope requirements. 3. The developer shall submit det 8;3t3:.::44W• :01irations with the final grading plan •for the construction of any retaining walls within: jig iiii‘ielOOtient. 4. The developer shall maintain a 10 foot tiger betwee3n:retlands and any site grading. 5. The developer shall Install 4 fciigi lyeWFijrl 11Q::t h t ate safety netting at the drip line or at the perimeter of the critical root zriri ,e'whicheifef ig:•greater, of significant trees/woodlands to be preserved. 6. The developer shall contact the City -.Forestry Division at least five days prior to the Issuance of a grading permit to ensure compliance with the approved Tree Preservation Plan. 7. The developer shall plat the prajr: 8. The developer shall provide the City ehared access and record such easement with the plat. 5 Nay: 0 Awada moved, Wachter seconded a 'thotion to approve a conditional use permit to allow a pylon advertlsing sign on Lot 1, Block 1, Galaxie Cliff Addition #1, subject to the following conditions: 1. The conditional use permit shall be recorded at Dakota Countywithin 60 days of Council approval with documentation provided tp:; :?i itY•:0;:g::to .lssi;4 Ce of the sign permit. 2. The sign shall be subject to the one-time n fee .of .2.50/sq. ft. 3. M applicable City codes. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT, TRUCK AND FREIGHT TERMINAL BENSON-ORTH FOR FRITZ COMPANIES Community Development Director Reichert gave a s ::report, noting that since. this went to the Planning Commission, It has been revised because the develop;:would like this to be a larger, building, and has now shifted the building to the west to .$av .a Ip.;.9.f the .trees .In the front. There Is still room for expansion In the back, as well as for the 12 parking spa e i yw tild:t? #o add. The tree mftigation now calls for the addition of 40 trees. Therefore, the recommbi'ii�atibiiedfi i2'Piafii'iing Commission is modified to approve the conditional use permit for a truck and freight terminal on these.lots for a 28,700 square foot development, and . revised site plan as a result of APRNRC review. EAGAN CiTY COUNCIL MINUTES; OCTOBER 17, 16 ,� ,,,, PAGE 13 "' Councilmember Wachter raised an istte about the acceptable tree species. He would Tike to daily this issue with the City Forester about possibEV.:.0 anging the otdit%Sance. Community Development Director Reichert indicated she will pass those concems :t E:tp:.jha OI Forester. Wachter moved, Awada seconded a motion tolapprove the conditional use permit for construction of a truck and freight terminal on Lots 19, 20 and 21, Block 5, Eagandale Center Industrial Park #3, subject to the following conditions: 1. Details and elevations of the durhj $ti2t:e toSfrraatrf.yRquired. They should demonstrate that It Is compatible with the principle strtittirr 2. The developer shall submit a final landscaping plan Iorapproval by the City. 3. This permit shall be recorded at,:Rakota CoU rty 4i.O.SO days of Council approval. 4. The developer shall combine all'fhree Tots into a Ingle tax parcel at Dakota County. 5. The developer shall comply with all parking requirements under the City Code. 6. The applicant shall revise the grading plan to reflect slopes of 3:1 or gentler, or the construction of additional retaining walls to spat the slope requirements. 7. The developer shall submit a final gidii .$tome drainage plan for approval by the City. 8. The applicant shall be responsible for submitting ;deed plans and specifications detailing the construction of any retaining walls fqt tt�� dtv¢piiietit. 9. The developer will be responsibii0iiiiiitainIng erosion control measures in accordance with the City's erosion/sediment controfi•standards. 10. A tree mitigation plan will be required prior to the City releasing the conditional use permit for recording at Dakota County. Aye: 5 Nay: 0 PREUMINARY SUBDIVISION, AND CONt3L ONAL USE PERMIT ROBERT MAA'CN PHIS II Community Development Director Reichert gave a staffiiiii:iort, noting that the parking will need to be modified to meet parking standards for both lots. Hunter moV; Egan seconded a motion to approve the preliminary subdivision for Robert Martin Phase II, subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval Al. B1, B2, C1, C2, C4, D1, El, F1, G1 and H1, as adopted by Council on Febr4ary 3, 1993. 2. The property shall be platted. 3. The development shall be subj:li'iaSg;:cKiication. 4. The development shall be subject to a cash trails t!: cation. 5. The project Is subject to a cash water quality dedication based on the increase in Impervious surface. EAGAN CITY COUNCIL MINUTES; OCTOBER 17,1 PAGE 14 • 6. The developer shall revise the gilding plan to reflec .slopes of 3:1 or gentler or the construction of a retaining wall to meet the sli :requirements; iii:i 7. The developer shall be responsible fors tg plans and specffications detailing the construction of any retaining walls for the development. • . 8. The developer shall be responsible for installing and maintaining erosion control measures In accordance with the City's erosion/sediment control standards. 9. The developer shall prepare a privt}ti3fe5;r egF. st: t ument to be revised and approved by the City Attorney's office prior to Council actlgn;:on. the 01 subdivision. The developer shall record the private Ingress/egress easement witli•tfie plat. 10. The developer shall acquire the A¢dlt(graenjen along the north property line of the Interstate (: Crossing development to the sol• •fed q G�c s.tWction of the sanitary sewer extension to Lot 2. 11. The developer shall provide adequate parking so that each lot accommodates the required parking for the existing and proposed bulld�rhgs. Aye: 5. Nay: 0 Hunter moved, Wachter seconded a moflo i approve the conditional use permit for a 37,423 square foot truck and freight terminal on Lot 1, subject tp.;t he'fofloikitigrcondftlons: 1. The developer shall provide additionaF on S landscaping to screen the loading area from the adjacent property to the south... 2. The developer shalt provide adequate parking so that each lot accommodates the required parking for the existing and proposed buildings. 3. The developer shall enter into an agreement with the City for the purpose of Implementing proof of parking and the construction of the parking area, when required by the City. Aye: 5 Nay: 0 • ST. PAUL PORT AUTHORITY BUSINESS Di VELOPMENT FINANCING Community Development Director Reichert gave a std#t kepor . David Hoeffel, of Register Resale, reviewed their expansion plans, the nature of their business andifte building layout. David Stokes and Greg Drehmel, of the St. Paul Port Authority, reviewed their program, the types of projects they work on, and the financing mechanism for the project. Councllmember Awada requested clarification as to whether the City of Eagan needs to be a participant in order to do this project. Mr. Drehmel noted that they will be asking for slightly Tess than what was originally anticipated. He reviewed,ather projects they have done in the suburbs. Discussion followed concerning what banks they use for thtg.ncing and the requirements under this program. ' ... Councimember Hunter stated than: hilt i ti tpii Pt tools are great for communities that are having trouble attracting businesses. Eagan has always had thi philosophy of fostering a healthy business climate through low taxes and amenities and that has worked OVNvell. He has a problem. philosophically with a healthy business community such as Eagan resorting to guaranteeing loans to expand our business. He doesn't see why the city would want to Incur that risk when businesses are already being attracted to the community. Mayor Egan stated he feels that the ri:ikihe city faces compared to the opportunities gained Is minimal. He feels this is Just an Introduction to an ecc*.ipic developmqfKigid the city may want to be familiar with In the future. He feels ft would be beneficial to rtio14:09pci.T.91140hip with these type of agencies in place In the event the City needs to attract businesses fri:ittIutjt Considerable discussion followed concerning whethertagan could establish its own port authority, and how many of the new jobs must be Eagan residents. Community Development Director Reichert noted that all that is being asked Is whether the city wants to consider this type of thing. This is not necessarily deciding on this particular financing. She also noted:nlat:410:.kgpil.:my..want to use this type of program to keep existing businesses and have them grow Qnp inb Wachter Indicated he would be willing to consider this. Councilmember Masin concurred, sttIr!kff 1e Ws the city has little to lose and a lot to gain from this. Masin moved, Awada seconded a mgfi9n.tfif•iitifo.ct sta.ffiW..consider participating in the St. Paul Port Authority business development financing prOgrgeliWb41**:4:tocated in the City of Eagan. Councllmember Awada stated she has reservations about thikigias willirtibonsider it. Aye: 4 Nay: 1 (Hunter opposed.) (MR m •••••::•••'•:•••••:,:,•••••••••, ••• •••••::x.:4e• • • • *'• Administrator Hedges asked whether Counclimembers have any comments they would like to share about the A.M.M. policy, and some issues pAiRed were the makeup of the Met Council, and fiscal disparities. Discussion followed. • Mayor Egan noted that the C -SPAN busyy.lir00:to Eagan on October 23rd, and he Is unable to attend. Councilmember Hunter agreed to OW in his ri4ges:.;f: Administrator Hedges noted that the 1!.WVIMI5036htlhgency Plan will be going into effect on Monday. SThATflEAGENDA Mighty Ducks Legislation. Wachter moved, Awada seconded a motion to ratify a grant request presented to the Minnesota Amateur Sports commission for a funding request in the amount of $210,610 to finance deletions to the Civic Arena. Aye: 5 Nay: 0 Deerwood Reservoir Right of explained that they obtained a right of entry for the Deerwood Reservoir and the property owpgrs have ggreed to a stipulation of dismissal. They are in the process of trying to negotiate It and If it can't be Wi.:i.rked o4i0ey will reinstitute the condemnation action. Hunter moved, Awada seconded a motion to approveOght of 00ty for the Deerwood Reservoir project. Aye: 5 Nay: 0 Receive petition, order public hearing to vacate a drainage and utility easement for proposed Soderhoim Addition. Wachter moved, Egan seconded a motion to receive the petition to vacate a drainage and utility easement as described within the proposed Soderholm Addition and schedule a public hearing for November 6, 1995. Aye: 5 Nay: 0 Director of Public Works Colbert udagi0:ilikfleci Pine Lane project, noting that the signal at Highway 3 will be operational tomorrow.' ViiiIiiiiiii6IetlihteWescott Road will be dosed on Thursday and Friday, which is necessary to construct sanitary sewer and wateg:Tnain connections for Gardenwood Ponds. . • He noted there is no way to keep the road open to thru traffic. 104s scheduled to coincide with MEA vacation to minimize the employee count due to vacations. He noted als8Iftat either next Wednesday or next Thursday, Deerwood Drive will be dosed between Deerwood School and I -35E to provide for utility crossings to serve the EJIGAN CITY COUNCIL MINUTES; OCTOBER17,1$99;. PAGE 16 ..... Deerwood Townhouse project. He indicated; they sent out natJFes to Police, Fire, school distrkxs, bus companies, and signs will be posted. Community Development Director Reiciii0;g0tkitrAithe Issue of Christmas tree sales and other sales is coming up again. She suggested that the people iivtiti'Fiave sold them In the past be able to do it again this year, with the addition of one organization, and staff will take care of it administratively. The Council concurred with that direction. She also noted that the request for a permit for a large garage really cannot be denied unless a moratorium is passed because the request meets the code. She spoke with the applicants and they have Indicated they are aware of the home oc upa4n,. ;rules; Arad. vi.1 not be doing trucking out of this garage, but staff is working on having some type of�.tequir tierit:03: spry structures. Administrator Hedges reminded the Council of ail open tiittse at Fire Station #4 on Saturday at 10:00 a.m. where the Fire Department will be dedicating thg:#ke safe #iucation trailer. He noted that Dan Aberg, the Executive Director of 'the Chamber of CQr mer a 'stitgnittresignation. He also reviewed the flight schedule for the National League of Cities Cee it : kc griper. Councilmember Wachter again raised the issue of the number of signs at the EZ Stop gas station. He asked how many signs are allowed for gas stations and asked that It be checked into. Councilmember Arvada noted he received a complaint from a constituent who stated that the Humane Society gets the names of people who gst;c,{pg licenses through the city and asked whether this is public • information. • Mayor Egan reviewed a concem expressed'#Wgct ::Meyer regarding his dealings with city staff regarding a weed condition In his year. He toldtxrnthat his 'ngt tabor has a similar situation, but they haven't been contacted by city staff. He feels he is bein ir1giec :50:: :rioted that Administrator Hedges is looking Into it. Discussion followed. He also reviewed;ac:#ufaQ;rafslrlg'event he is involved in. Councilmember Masin reported oti''s workshop she attended on land stewardship and the Dakota County League of Governments meeting. Wachter moved, Egan seconde#:a :moi* >ib;p>?pve She checklist dated October 12, 1995 In the amount of $2,009,143.05. Aye: 5 Nay: a The meeting adjourned at 1127 p.m. to an edzioutIve seaslon. DLP Date City Clerk if you need these minutes in an alternative form such as large: hint, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eag;.i19Ai.: 6.15;122,.:(.1?) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the pofte Elul ail Eieiisori 'iliave equal access to fts programs, services, activities, facilities and employment without regard to race, co/off;: Gleed, religion, national origin, sex, disability, . age, marital status or status with regard to public assistance. MINUTES OFiikigFENktiMESMIP OF THE EMAN CITY COUNCKiii:: .gOan, Minnesota tDber 17, 199 A special meeting of the Eagan City Council wasKai on Tuesday, October 17, 1995 at 5:00 p.m. at Black Hawk Middle School. Present were Mayor Egan and Councilmembers Awada, Wachter, Masin and Hunter. Also present were City Administrator Tom Hedges, Director of Public Works Tom Colbert, Community Development Director Peggy Reichert, Assistant City Attomey Mike Dougherty, and Finance Director Gene VanOverbeke. LIVAkititOMMOrtitikOT Administrator Hedges reviewed the Livable CoMiliunities noting that the issue to be considered Is whether there is any merit to clustering and having one0 of unifmgoals for housing. The Met Council hasn't been very receptive to this concept Community...geKeli*Ont DtrigtOr Reichert added that other cities in Dakota County will be participating and she feels it wolgclijgOftei-plipiiiiilieral goals rather than providing percentages. She noted that the Planning Commission will 15iiiVng a foiiiiiiffeeommendation. Councilmember Awada stated she should like to see what areas the city is lacking in and what that means in practical terms. Community Development Director Reichert reviewed some examples of what the city Is lacking In and what the city can do. She noted that the townhouse units that are being built will help the density figures. She also noted the city won't be building more. apartments because there isn't any land left for them. She noted they will work with Section 8 certificates and slams things to work towards affordable housing. Administrator Hedges added that each community has indiiiiikiet:40actoriptics that make their situations unique. Eagan has 361 wetlands which is a factor. Councllmember Hunter stated he feels the:.0et Qomncli.iwiVgitimatety concerned about clustering. He doesn't want to spend a lot of lime lobbying them for dustefln. When the city could be working on their own goals. Some discussion followed. • BUSINESS OUTREACH MEETINGS Administrator Hedges reviewed the dates and locations ofthe upcoming busines.s outreach meetings, noting that the purpose of these meetings is to reach out to the business community and see what their concerns are. He noted that 1,500 invitations have been set* to .busingss owners in the community. Some discussion followed. PROMMADE:PROACT Community Development Director Reichert nol0 that t4*nvironmental Assessment Worksheet was published today and that there is a 30 day comment per, They 0:working on road improvements, streetscape options and the preliminary planned development. •:•:•:• Director of Public Works Colbert reviewed the east -west extension of Denmark Drive. He suggested It be called Northwood Drive and councilmembers concurred. Councilmember Wachter asked about a spot for the Convention and Visitors bureau In this project, and Community Development Director Reichert noted the CVB has been In contact with Opus about that. She added that they are yyjng to get Opus to start working on the small shops portion of the project. Director of Public Works Colbert noteci:#30:en.Aile 49.0..iicle of Northwood Drive, the property owner is working with a developer to come back with mail center has purchased property on the edge of that development, which frees up the ikiiit*6OrtThefitage road for1-35E. Councilmember Awada . asked about putting houses along the freeway north of Northwood F.).1. Community Development Director Reichert noted that the Comprehensive Plan calls for residential in that aril*: Councllmember Masin expressed her displeasure with this plan. She Indicated she would Ike to see examples of shopping centers where innovative parking methods are used, and she would Uke them forwarded to EAGAN SPECIAL CITY COUNCIL MINUTES; OCTOBER 1;;1996 PAGE 2•• .. .... Opus before this project gets built. She notediikOpus was supppi si3d to work on the plan and she doesn't feel large p # sn pke.11 Councilmember Awada stated she doesn't that has been done. It is still a la a stri mall a�d:� •dee... • • Ike the plan either, and would Ike to see what Optl 1t S d tIa;:tImprove this project. She noted that she and Coundlmember Masin voted for this reluctantly. ComniiiliiffDMielopment Director Reichert noted that the strip mall and parking are still the same. Those are the fundamental elements of their plan. It will do no good to send Opus Information on underground parking or parking In the back because that should have been discussed a year ago. Suggestions were made to Opus and some things they could bend on and others they can't. They are working on some changes, but the fundamentals are the sada, Director of Public Works Colbert added that they are working on some of the amenities such as the entrances; oiyVetg;;:i, ' Discussion followed on the project and comparisoii�ato the {Rfpi dbury mall. CouncilmemberMasin stressed that she feels very strongly that there are better wayslejlo this proiect with the parking in the front. OPTION AGREEMENTINORTHW STERNifiggl A1. jJFE INSURANCE COMPANY Administrator Hedges noted that the owner of Carriage Hilis golf course received a cash offer for residential development. He told the owner that the Council would like to explore the possibility of purchasing the course ov r .the next 90-120 days. He stated he had hoped to come back to the Council with a feasibility report at a workshop in November, noting the city doesn't have the market analysis information of golf courses. The City would then have had informational meetings in November and December. He noted that the owner of Carriage Hills wants to exercise their option tomorrow. He noted that Northwestern Mutual also hd:as:baprtle:.offers on their property and the golf course situation seems to be changing daily. He reviewed the chroo.ology•'ivitliathas happened on the issue of a golf course to date and what was planned for future months item dual track app{wa> to obtaining a golf course were still pursued and available. Assistant City Attorney Dougherty not notoOatiiiii.iity made an offer to Northwestern Mutual with a 120 day option. Northwestem Mutual indicated they weiit"to take the high offer which was not the city's offer. He noted that a purchase agreement still has to be put together between the two parties and if they can't work one out, they may still want to consider the dfiy's offer. Community Development Director Reichert noted that this area was planned for an industrial park and she Is concemed about who is buying this propertylpgtwh ati y.w3ll:• a It for. Administrator Hedges added that the property abuts industrial and is closer to the nal weir;: ;ft pi#liolly, a local developer, reviewed what it would take and how much it would cost to develop the Northvstem Mutual site. Councilmember Wachter expressed some skepticism aborOhether there are other offers on the property. He finds it strange that this property has been vacant fpr,'•:so manftears and now that the city has expressed an interest, there are other offers. Discussion followed concerning whet iOrthis is being done to speed up the Council's decision. t Councilmember Wachter stated he doesn't want to make a decision Ike this on such short notice. The Council represents the citizens and they should know about ft.. Administrator Hedges stressed that the Council needs to look at the next 10-20 years. The Park Systems Plan Wills for a golf course. The City will grow to 60- 70,000 people and ft won't have a golf course If Carriage Hills igiies residential and there Is no option on the Northwestern Mutual property. Mayor Egan stated he feels the safe iii i0ifi. t . ''try to hold onto Carriage Hills and suggested that perhaps the city could make a cash offer to hold it. That would allow the fiexibilty to explore options on the Northwestern Mutual property. Councilmember Hunter asked what rights the property owners have to change the Comprehensive Guide Plan for the Carriage Hills property. Assistant City Attorney Dougherty- noted that the owner has a use of his EAGAN SPECIAL CITY COUNCIL MINUTES; OCTOBER PAGE 3 "' property. He'has to convince the Council that it iiipuld be a better:* with the change., Councilmember Hunter added that the applicant has the burden of proof t k q doe§nY:tt vb:reasonable use of his property. Administrator Hedges pointed out that if the city issued bonds forTha :p G? s ''of Carriage Hills, the golf course wouldn't pay for itself at the current price. Councilmember Masin suggested the city go back to Northwestern Mutual and offer them more money and It might be considered. If the property isn't used for a golf course, It could be used for a central park. Councilmember Awada stated that the iii # f `3hat e;.consultants have said that Carriage Hills is not economically feasible at the price being asked"lt'vifb:c ithktii'a lifk f convincing for her to agree to pursue that. She feels the only option is to offer more money to Norti'aiivestem tib! i iral. She feels the city can wait to see how . the Carriage Hills offer pans out. Community Development Director Reigtrtrtd :sat:•gvejs:if the city decided not to put a golf course at that location, the city could hold the Northwestelti:ti4itttiidl preopigWof 10 years for an industrial park. Land is going fast in Eagan. There aren't any other properties of this size In such a prime location. Councilmember Hunter noted that the Council was elected to make these decisions on their behalf, and the Council needs to be prepared to make these decisions. Assistant City Attorney Dougherty noted that the city wouldn't be obligated for the purchase price until the closing in case the city decides not to buy IL The owner can keep whatever money was put down. Coundl ber Masin noted she would not consider rezoning Carriage Hills until this situation is resolved. After some discussion as to what amount stipuld'6e Giihed, Administrator Hedges suggested that If the Council gives direction to negotiate •a price on the prterty, it w.ouict:bi3`•somewhere between what the city originally tiered and market value. Councilmembers concwed..•wi€13; # ;' t#rection to negotiate for a higher offer on the Northwestern Mutual property. WORK SESSIONS SirHEDULE FOR REMAINDER OF 1995 Administrator Hedges reviewed the schedule of work sessions for the remainder of 1995 and the suggested topics to be discussed at each work session. Some discussion followed. The meeting adjourned at 6:30 p.m. ff.thg:te$ t ;Gc rsai 4 eeting. DLP Date City Clerk MINUTES Otrli::Sill ai knee ` At OF THE EiI3AN CITY COUNcW 'tagan, Minnesote: ':::Agyst 29, 199 ':.? A special meeting of the Eagan City Couni iif in #re.'k3'xiri Tuesday, August 29, 1995 at 5:30 p.m. at the Eagan Municipal Center to review the "draft" preliminary 19J6 General Fund Operating Budget. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Finance Director Gene VanOverbeke, Assistant Finance Director Tom Pepper, Director of Public Works Tom Colbert, Community Development Director Peggy Reichert, Parks and Recreation Director Ken Vraa, Police Chief Pat Geagan, and Fire Chief Dale Nelson. ; ...; . DRAFT 1996 GENE kL FUN }BUDGET The 1996 General Fund Budget was presented.i j the City.Administrator. He stated that the document is preliminary, and further that there are several policy iseites; the City; buncil will need to address as a result of the presentation. He gave an overview of the prof o0e4:i?vdgi ;:yrni.i i:;provides for an increase of $787,000 or 5.5% over the 1995 budget. He noted that due td art:increase : . P.Ie net tax capacity, a decrease in tax increment valuation, a decrease in the fiscal disparities contribution and an increase in the fiscal disparities distribution, the budget is balanced at the 1995 final tax capacity rate of 22.235%. The contingency account remains at the 1995 level of $198,200. Additional personnel is limited to a half-time clerical position and additional dispatching in the Police Department, additional seasonal in Central Services Maintenance, and additional seasonal, an intem position and a position adjustment in Parks and Recreation. He noted that a transfer of $1,250,000 from the fund balance Is proposed to be made to set aside funding fcitgAsexpected City-wide radio replacement. A reserve in the amount of $500,000 is also proposed to be set up fronfc 1und.balance to provide. for potential revenue shortfall caused' by abatements. The $200,000 levy for abatements:doljeciect:i�1;1.994 and 1995 is eliminated in the proposed 1996 budget. Revenue projections were presented and itfignOnidiscussion regarding potential reductions in development-related revenues. There was alsp..disiitlssloii:abybiut the 5-year budget projections with the suggestion made by Councilmember Hunter that perhaps;hi .the:futiire a more realistic assumption of growth than 3% be used. Councilmember Awada suggested that Fong-range staff reductions, possibly through attrition, be considered as development-related revenues decline. The Council then reviewed each department budget. Regarding the Mayor and City Council budget, an error in accrued leave was pointed out and questions were raised about why insurance costs were increasing so much. In Administration, the purchase of a new.lype.dter: •3ueptioned. Also, suggestions were made about a direct mail newsletter, going from three to.: ;;tie { ifi.kt staining a communications consultant. Councilmember Hunter suggested in Data Procce ing that ? e budget estimate of $1,500 for two gigabytes of memory was too high. He also asked if the City needed temil}ils, since he could get 20 of them for next to nothing. There were no questions covering the propog.. budget;tor either the Finance or Legal Departments. In Community Development, concern was raised about the benefit versus the cost of the City's membership In the Dakota County partnership. Staff was directed to put together a response regarding the benefits to the City of the organization. Councilmember Awada asked a question about the edit; ;system proposed in the Cable TV department budget. City Administrator Hedges responded and there were nA•oEiditional questions. Regarding the Police Department, cqp ir4A:We»sed.gbout having budgeted only 7 of 24 months for two new officers added in 1995. The conse aa.tkigt. ;"titions should be bud eted for the entire year. A question was raised by Councilmember Wachter ebout'iiiiion ntracts and how health insurance is increased relative to the increase to base salary. A comment was madeigiet we should differentiate benefits from salary increase and that total package increases should be 3%.. Generiil:Omments were made about the. long r sponse time concerns for police and ambulance calls reported to Coundlrtte'mbers by the public. Chief Geagan responded to those concems. EAGAN SPECIAL. •CITY COUNCIL MINUTES, AUGUST 29, fS:: ..... PAGE 2 In the Fire Department budget, Councilritie. ber Wachter a00about the non -conforming nature of the Fire Administration building and whether or not a new tiape..jA;a:g itidinvestment in that building. Councilmember Awada asked about possibly moving the Old Town.Wi 4Q The Ther side of Pilot Knob Road to give more room for a new/remodeled Fire Administration facility. Consensus'wes reached that the City should increase compensation to the volunteer fire fighters and direction was given to. Increase that One item back to the department request. Councilmember Awada asked how much the current pension level is. There were no questions raised regarggiipg;:t e..Fgblip.y,Vorks1 ngineering budget, the Streets budget and the Central Services Maintenance budget. The Parks and Recreation budget was next conslifiiried. Caprilmember Awada suggested and all agreed that a "rent -a -cop" program should be considered as a0::altemativa ;to a CSO position to provide park and/or toumament security. All fwthet agreed that this kin; q , positkin :Should operate in the Police Department. Councilmember Awada asked what amount:::.0 :tba d pai*m t i 5.9% increase is offset by revenues. Councilmember Wachter questioned the use::Lhi: :fia1i mo> eF:tiisfead of what is currently used. Parks and Recreation Director Vraa responded to this question and suggested evaluation of the most recent purchase before further considering a flail mower. In Tree Conservation, a question was raised about doing Boy/Girl Scout projects for tree disease/infestation identification. - • There was consensus that the floor buffer was not required in General Govemment Buildings since contractual cleaning was being proposed. A general question was raised about thebudget kii :of reducing the tax capacity rate to the 22.150 which was estimated for payable 1995 as opposed to the. 2.234'430i:iis the final rate. The City Administrator reviewed the calendar.O.::.. e h in Taxation requirements. The dates as presented were given approval. , The consensus of the City Council was•'that they are comfortable with the preliminary budget, with th exception of the questions raised at this meeting, and they felt they will be ready for its presentation at the September 5 Council meeting. SPECIAL CITY COUNCIL MEETINGS • City Administrator Hedges stated that 'i itygielF c8 m etings should be set for the next two regular meetings during the month of September. He further stated itiat'&ie'to a scheduling conflict, Black Hawk Middle School is not available for the City Council meeting on 'Ftiitsday, 40iember 19. Wachter moved, Egan seconded a motion to s#iirdule aecial City Council meeting for 5:00 p.m. on Tuesday, September 5, 1995. Aye: 5 Nay: 0 Hunter moved, Awada seconded a motion to reschedule the September 19 regular and special City Council meetings to September 20, 1995. Aye: 5 Nay: 0 There being no further business to discuss, the meeting adjourned at 10:30 p.m. ... TLH Date City Clerk Agenda Information Memo November 6, 1995 Eagan City Council Meeting The following items referred to as consent items require 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. Parks Maintenance Worker— ACTION TO BE CONSIDERED: To approve the hiring of Paul Watry as a regular Parks Maintenance Worker. FACTS: After interviews, it is the recommendation of Superintendent of Parks Olson and Assistant to the City Administrator Duffy that Paul Wally be hired as a regular Parks Maintenance Worker. Item 2. Part -Time Clerical Technician III/Central Services Maintenance -- ACTION TO BE CONSIDERED: To approve the hiring of Patricia Porosky as a regular part-time Clerical Technician III for Central Services Maintenance. FACTS: After interviews, it is the recommendation of Superintendent of Streets Erhart, Office Supervisor Bailey and Assistant to the City Administrator Duffy that Patricia Porosky be hired as a regular part-time Clerical Technician III for the Central Services Maintenance facility. Item 3. Patrol Officers -- ACTION TO BE CONSIDERED: To approve the promotion of Curtis Sticha and Anthony Sundgaard to the position of Patrol Officer. i Agenda Information Memo November 6, 1995 Eagan City Council Meeting FACTS: It is the recommendation of Chief of Police Geagan that current Community Service Officers Curtis Sticha and Anthony Sundgaard be promoted to the vacant Patrol Officer positions. Item 4. Associate Planner— ACTION TO BE CONSIDERED: To approve the hiring of a person to be named as an Associate Planner in the Community Development Department. FACTS: References are currently being checked. A name will be furnished to the City Council on Monday evening as directed by Community Development Director Reichert, Senior Planner Ridley and Assistant to the City Administrator Duffy.. Item 5. Seasonal Skating Instructors -- ACTION TO BE CONSIDERED: To approve the hiring of Patricia Brown, Michelle Lickness and Janet Palo as seasonal Skating Instructors for the Civic Arena. FACTS: After interviews, it is the recommendation of Civic Arena Director Burkhart that Patricia Brown, Michelle Lickness and Janet Palo be hired as seasonal Skating Instructors. Item 6. Seasonal Gmcession Stand Workers/Civic Arena -- ACTION TO BE CONSIDERED: To approve the hiring of Quentin Mitchell as a seasonal Concession Stand worker in the Civic Arena. FACTS: After interviews, it is the recommendation of Civic Arena Director Burkhart that Quentin Mitchell be hired as a seasonal Concession Stand worker for the Civic Arena. Agenda Information Memo November 6, 1995 Eagan City Council Meeting Item 7. City of Eagan Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations— ACTION TO BE CONSIDERED: To approve the City of Eagan policy implementing the Federal Omnibus Transportation Employee Testing Act and related regulations. FACTS: As of January 1, 1996, the positions at the City of Eagan which are required to hold commercial driver's licenses will fall under the Federal Omnibus Transportation Employee Testing Act. This act requires pre-employment drug testing and post accident, random, and reasonable suspicion drug and alcohol testing. Return to duty and follow-up testing are also required by the act following a positive result from a test. The positions at the City of Eagan which will mainly be affected are all regular streets, utilities and parks maintenance workers, their first line supervisors and some seasonal maintenance employees. The City's regular medical facility, United Occupational Health, will collect the samples that will be used in testing and will forward these to a federally approved laboratory. Funding for this program has been included in the proposed 1996 budget. ATTACHMENTS: Attached on pages through?1 is a copy of the City of Eagan policy implementing the Federal Omnibus Transportation Employee Testing Act and related regulations. 3 CITY OF EAGAN • POLICY IMPLEMENTING THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT AND RELATED REGULATIONS January 1, 1996 CITY OF EAGAN POLICY IMPLEMENTING THE FEDERAL OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT AND RELATED REGULATIONS 1. PURPOSE The purpose of this policy is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. This policy implements the requirements of the federal Omnibus Transportation Employee Testing Act and the U.S. Department of Transportation Regulations, 49 C.F.R. Part 382. This policy is in addition to and separate from the City's Drug/Alcohol Free Workplace Policy, which implements the requirements of state law and the federal Drug Free Workplace Act of 1988. 2. DEFINITIONS Accident (a) Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a public road which results in: (1) A fatality; (2) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident (3) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. (b) The term accident does not include: (1) An occurrence involving only boarding and alighting from a stationary motor vehicle; or (2) An occurrence involving only the loading or unloading of cargo; or (3) An occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle (as defined in 571.3 of this title) by a motor carrier and is not transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in accordance with 77.823 of this title. Alcohol -the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. Alcohol Concentration (or content) - the alcohol in a .volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this policy and federal regulations. Alcohol Use - the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. Administering Authority - the City Administrator or Assistant to the City Administrator/Personnel Director. BAT (Breath Alcohol Technician) • an individual who instructs and assists individuals in the alcohol testing process and operates an EBT. Chain of Custody - procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. With respect to drug testing, these procedures shall require that an appropriate drug testing custody form be used from time of collection to receipt by the laboratory and that upon receipt by the laboratory an appropriate laboratory chain of custody form(s) account(s) for the sample or sample aliquots within the laboratory. - — City or City of Eagan - the City of Eagan, Minnesota, acting through its City Council, City Administrator or a designee of the City Administrator. Commerce - both of the following: (a) any trade, traffic or transportation within the jurisdiction of the United States between a place and a state and a place outside of such state, including a place outside of the United States, and (b) any trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in paragraph (a) of this definition. Commercial Motor Vehicle - a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle; (a) has a gross combination rating of 26,000 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or (b) has a gross vehicle weight rating of 26,001 or more pounds; or (c) is designed to transport 16 or more passengers, including the driver; or (d) is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the hazardous materials regulations set forth under 49 C.F.R. Part 172, Subpart F. (e) a commercial motor vehicle does not include a ' fire truck or other emergency fire equipment. Confirmation Test - for alcohol testing it means a second test, following a screening test, with a result of .02 or greater, that provides quantitative data of alcohol concentration. For controlled substances testing it means a second analytical procedure to identify the presence of a specific drug or metabolite which is independent of the screen test and which uses a different technique in chemical principal from that of the screen test in order to insure reliability and accuracy. (Gas chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method for cocaine, . marijuana, opiates, amphetamines, and phencyclidine.) . Confirmatory Retest - For controlled substances it means a third analytical procedure to reconfirm the presence of a specific drug or metabolite. If the test result of the primary specimen is positive, the driver may request that the MRO direct the split specimen be tested in any different DHHS-certified laboratory for presence of drug(s). Consortium - an entity, including a group or association of employers or contractors, that provides alcohol or controlled substance testing as required by federal regulations, or other U.S. Department of Transportation alcohol or controlled substances testing rules, and that acts on behalf of the employers. Controlled Substance - has the meaning assigned by 21 U.S.C. 802 and includes all substances listed on Schedules 1-5 as they may be revised from time to time (21 C.F.R. Part 1308). DHHS - The Department of Health and Human Services or any designee of the Secretary of the Department of Health and Human Services. DOT Agency - an agency (operating administration) of -the United States Department of Transportation administering regulations requiring alcohol and/or drug testing in accordance with 49 C.F.R. Part 40. Driver = any person who operates or maintains a commercial motor vehicle. This includes, but is not limited to: full-time, regularly employed drivers; part-time and temporary drivers; leased drivers and independent owner/operator contractors who are either directly employed by or under lease to the employer or who operate a commercial motor vehicle at the direction of or with the consent of the employer. For the purposes of pre-employment/pre-duty testing only, the term driver includes a person applying to the City for employment to drive a commercial motor vehicle. Drug - means any substance (other than alcohol) that is a controlled substance as defined in 49 C.F.R.Part 382 and 49 C.F.R. Part 40. . EBT (Evidential Breath Testing Device) - An EBT approved by the National Highway Traffic Safety Administration (NHTSA) for the • evidential testing of breath and placed on NHTSA's "Conforming Products List of Evidential Breath Measurement Devices." 3 Employer - The City of Eagan acting through its City Administrator or a designee of the City A int trator. FHWA - The Federal Highway Amini tration. MRO - Medical Review Officer. A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate a driver's confirmed positive test result together with driver's medical history and any other relevant biomedical information. Performing (a safety -sensitive function) - a driver is considered to be performing a safety -sensitive function during any period in which the driver is actually performing, ready to perform, or immediately available to perfoim, or in a state of readiness to perform any safety -sensitive function while on duty. Reasonable Suspicion - means that the City believes the appearance, behavior, speech or body odors of a driver are indicative of the use of a controlled substance or alcohol based on the observation of at least one (1) supervisor or official who has received training in the identification of behaviors indicative of drug and alcohol use. Refuse to Submit (to an alcohol or a controlled substances test) - a driver: (a) fails to provide adequate breath for testing without a valid medical explanation alter the driver has received notice of the requirement for breath testing in accordance with the provisions of this part; or (b) fails to provide adequate urine for controlled substances testing without a valid mediical explanation after the driver has received notice of the requirement for urine testing in accordance with the provisions of this policy and federal regulation; or (c) engages in conduct that clearly obstructs the testing process. Safety -Sensitive Function - any of the following: (a) All time at a carrier or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched or in a gate Df readiness to drive and/or maintain a commercial motor vehicle, unless the driver has been relieved from duty by the City; (b) All time inspecting equipment as . required by federal regulations or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; (c) All driving time which shall mean all time spent at the driving controls of a commercial motor vehicle in operation; (d) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth, which shall mean a berth conforming to the requirements �f federal regulations; • (e) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded; (I) All time spent performing the driver requirements of the federal statutes related to accidents; (g) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle. Screening Test (also known as Initial Test) - in alcohol testing, it means an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her system. In controlled substance testing, it means an immunoassay screen to eliminate "negative" urine specimens from further consideration. State of Readiness - a driver who is on call, ready to be dispatched, to perform safety -sensitive functions while on duty. Substance Abuse Professional - A licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances -related disorders. Supervisor - the person designated by the City to perform supervisory functions over the City's drivers. Violation Rate - the number of drivers found during random tests given pursuant to this policy and federal regulations to have an alcohol concentration of 0.04 or greater, plus the number of drivers who refuse a random test required by this policy and federal regulations, divided by the total reported number of drivers in the industry given random alcohol tests pursuant to this policy and federal regulations, plus the total reported number of drivers in the industry who refuse a random test required by this policy and federal regulations. 3. PROHIBITED CONDUCT Conduct Related to Alcohol (a) A driver tested under this policy and federal law who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall not perform safety -sensitive functions, including driving a commercial motor vehicle. The driver shall not perform, safety -sensitive functions until the start of the driver's next regularly scheduled duty, but not less than twenty-four hours following administration of the test and the driver will not be compensated during the time off The driver may use benefit hours during the absence if accrued and available. A detectable alcohol concentration level is in violation of the City of Eagan's "Drug/Alcohol Free Workplace Policy" and actions also may be taken under that policy, which may be in addition to this policy. (b) No driver shall report for duty or remain on duty requiring the performance of safety -sensitive functions while having an alcohol concentration of 0.04 or greater. (c) The City, having actual knowledge that a driver has an alcohol concentration of 0.04 or greater, shall not permit the driver to perform or continue to perform safety -sensitive functions. (d) No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol in any quantity. (e) No driver shall use alcohol while performing safety -sensitive functions. (f) The City, ]having actual knowledge that a driver is using alcohol while performing safety -sensitive functions, shall not permit the driver to perform or continue to perform safety -sensitive functions. (g) No driver shall perform safety -sensitive functions within four hours after using alcohol. (h) The City, having actual knowledge that a driver has used alcohol within four (4) hours, shall not permit a driver to perform or continue to perform safety -sensitive functions. (i) No driver required to take a. post -accident alcohol test 'because of loss of human life or who receives a citation under state or local law for a moving traffic violation arising from an accident shall use alcohol for eight (8) hours following the accident, or until the driver undergoes a post -accident alcohol test, whichever occurs first. (j) No driver shall refuse to submit to a post -accident alcohol test, a random alcohol test, a reasonable suspicion alcohol test, or a follow-up alcohol test mandated iby this policy and federal law. (k) The City shall not permit a driver who refuses to submit to the mandated alcohol tests under this policy and federal law to perform or continue to perform safety -sensitive functions. Conduct Related to Controlled Substances (a) No driver shall report for duty or remain on duty requiring the performance of safety -sensitive functions when the driver uses any controlled substance, l� II Tr I except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. (b) The City, having actual knowledge that a driver has used a controlled substance, shall not permit the driver to perform or continue to perform a safety -sensitive function unless use is permitted pursuant to the written instruction of a physician. (c) A driver shall inform the driver's supervisor of any therapeutic drug use. (d) No driver shall report for duty, remain on duty, or perform a safety - sensitive function, if the driver tests positive for controlled substances. (e) The City, having actual knowledge that a driver has tested positive for controlled substances, shall not permit the driver to perform or continue to perform safety -sensitive functions. (f) No driver shall refuse to submit to a post -accident controlled substance test, a random controlled substance test, a reasonable suspicion controlled substance test, or a follow-up controlled substance test mandated by this policy and federal law. (g) The City shall not permit a driver who refuses to submit to the mandated controlled substance tests to perform or continue to perform safety -sensitive functions. 4. TYPES OF TESTS REOUIRED Pre-employment Testing Prior to the first time a driver performs safety -sensitive functions for the City, the driver shall undergo testing for controlled substances. For purposes of this subsection on pre-employment testing, the term driver includes, but is not limited to, a person applying to the City to drive a commercial motor vehicle, a person who has recently obtained a commercial driver's license or a person who has been reassigned or promoted into a position that requires the performance of safety - sensitive functions. Any job offer, reassignment or promotion to drive a commercial motor vehicle shall be contingent upon a negative drug test report and the applicant's written agreement authorizing former employers to release to the City all information on the applicant's positive controlled substances test results and refusals to be tested, within the preceding two years. The City also retains the right not to hire a driver who has a positive test result and who has not participated in and completed a counseling or rehabilitation program as directed by the driver's substance abuse professional. 171 Post -Accident Testing (a) Drivers Tested. As soon as practical following an accident involving a commercial motor vehicle, the City shall test for alcohol and controlled substances of each surviving driver: (1) Who was, performing safety -sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or (2) Who receives a citation under state or local law for a moving traffic violation arising from the accident, provided the accident meets the definition of "accident" in Section 2 of this policy. (b) Alcohol Tea. If a test required by this section is not administered within two hours following the accident, the City shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required by this section is not administered within eight hours following the accident, the. City shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. Records shall be submitted to the FHWA upon request of the Associate Administrator. (c) Controlled Substance Tests. If a test required., by this section is not administered within 32 hours following the accident, the City shall cease attempts to administer a controlled substances test, and prepare and maintain on file a record stating the reasons the test was not promptly administered. Records shall be submitted to the FHWA upon request of the Associate Administrator. (d) Readily Available. A driver who is subject to post -accident testing shall remain readily available for such testing or may be deemed by the City to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care. (e) Post Accident Information. The City shall provide drivers with necessary post -accident information, procedures and instructions, prior to the driver operating a commercial motor vehicle, so that drivers will be able to comply with the requirements of this section. (f) Results of Test. The results of a breath or blood test for the use of alcohol or a urine lest for the use of controlled substances, conducted by federal, state, or local officials having independent authority- for the test, shall be considered to meet the requirements of this section provided such tests conform to applicable federal, state or local requirements, and that the results of the tests are obtained by the City. 8 la- Random Testing • (a) Minimum Annual Percentage Rate. Except as provided in paragraphs (b) through (f) of this section regarding random testing, the minimum annual percentage rate for random alcohol testing shall be twenty-five percent (25%) of the average number of driver positions the City has unless changed by the FHWA Administrator. The miTrium annual percentage rate for random controlled substance testing shall be fifty percent (50%) of the average number of driver positions the City has unless changed by the FHWA Administrator." (b) Selection of Drivers. The selection of drivers for random alcohol and controlled substance testing shall be made by a scientifically valid method, such as a random number table of a computer-based random number generator that is matched with driver's social security numbers, payroll identification numbers, and_other comparable identifying numbers. Under the selection process used, each driver shall have an equal chance of being tested each time selections are made. (c) Number of Drivers Selected. The City shall randomly select a sufficient number of drivers for alcohol testing during each calendar year to equal an annual rate not less than the minimum annual percentage rateof twenty- five percent (25%) of drivers unless changed by the FWHA Administrator. For controlled substance testing, the City shall randomly select a sufficient number of drivers for controlled substances testing during each calendar year on an equal or annual ratenot less than the minimum annual percentage rate of fifty percent (50%) of drivers. If the City conducts random testing for alcohol and/or controlled substances through a consortium, the number of drivers to be tested may be calculated for each individual employer or may be based on the total number of drivers covered by the consortium who are subject to random alcohol and/or controlled substance testing at the same tnifrnum annual percentage rate under this part or any DOT alcohol or controlled substance testing rule. (d) Notice Regarding Tests. The City shall ensure that random alcohol and controlled substance testing conducted pursuant to federal law are unannounced and that the dates for administering_ random alcohol and controlled substance tests are throughout the calendar year. Drivers may be selected for more than one test per year. (e) Test Immediacy. The City shall require that each dri.�ver.who is notified of selection for random alcohol and/or controlled substance testing proceeds to the test site immediately; provided, however, that if , the driver is 9 performing a safety -sensitive function at the time of notification, the City shall instead ensure that the driver ceases to perform the safety -sensitive function and proceeds to the testing site as soon as possible. (f) Timing of Test. A driver shall only be tested for alcohol while the driver is performing safety -sensitive functions, just before the driver is to perform safety -sensitive functions, just after the driver has ceased performing such safety -sensitive functions or while the driver is in a state of readiness to perform safety -sensitive functions. 'Reasonable Suspicion Testing (a) City's Determination of Reasonable Suspicion of Alcohol Violations. The City shall require a driver to submit to an alcohol test when the appointing authority has reasonable suspicion to believe that the driver has violated the provisions of federal law concerning alcohol. The City's determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning; appearance, behavior, speech, or body odors of the driver. (b) City's Determination of Reasonable Suspicion of Controlled Substance Violations. The City shall require a driver to submit to a controlled substance test when the appointing authority has reasonable suspicion to believe that the driver has violated the prohibitions of federal law or this policy concerning controlled substances. The City's determination that reasonable suspicion exists to require the driver to undergo a controlled substance test must be based on specific, contemporaneous; articulable observations concerning the appearance, behavior, speech, or body odors of the driver. The observations may include indications of the chronic and withdrawal effects of controlled substances. (c) Trained Supervisor of Driver. The required observations for alcohol and/or controlled substance reasonable suspicion testing shall be made by a supervisor or an employee of the City who is trained in accordance with federal law. The person who makes the determination or who observes or assists with making the determination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver. (d) Timing of Reasonable Suspicion Observations. Alcohol testing is authorized by federal law and this policy only if the observations required by paragraph (1) above are made during, just proceeding, or just after the period of the work day that the driver is required to be in compliance with federal law and these rules. The driver may be directed by the City to only undergo reasonable suspicion testing while the driver is performing safety- T'L/ sensitive functions, just before the driver is to perform safety -sensitive functions, just after the driver has ceased performing such safety -sensitive functions or while the driver is in a state of readiness to perform safety - sensitive functions. (e) Prompt Administration of Test. -If an alcohol test required by federal law and this policy is not administered within two hours following the determination of reasonable suspicion, the City shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If an alcohol test required by federal law and this policy is not administered within eight (8) hours following the determination of. reasonable suspicion, the City shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. (f) Under the Influence Prohibitions. Notwithstanding the absence of a reasonable suspicion alcohol test under this policy and federal law, no driver shall report for duty or remain on duty requiring the performance of safety -sensitive functions -while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, nor shall the City permit the driver to perform or continue to perform safety -sensitive functions, until: (1) An alcohol test is administered and the driver's alcohol concentration measures less than 0.02; or (2) Twenty-four (24) hours have elapsed following the determination under paragraph (f) of this section that there is reasonable suspicion to believe that the driver has violated the prohibitions of this policy and federal law concerning the use of alcohol. (g) Driver's Behavior and Appearance Absent Test. Except as provided in (0(2) of this section, the City shall not take any action under this part against a driver based solely on the driver's behavior and appearance with respect to alcohol use, in the absence of an alcohol test. This does not prohibit the City with independent authority of federal law from taking any action otherwise consistent with law. (h) Written Records of Observations. A written record shall be made of the observations leading to a controlled substance reasonable suspicion test, end signed by the supervisor or another City employee who made the observations within twenty-four (24) hours of the observed behavior or before the test results are released, whichever is earlier. 11 �s Return -to -Duty Testing (a) Return -To -Duty Alcohol Test. The City shall ensure that before a driver returns to duty requiring the performance of a safety -sensitive function after engaging in conduct prohibited by federal law or this policy concerning alcohol, thedriver shall undergo a return -to -duty alcohol test with a result indicating en alcohol concentration of less than 0.02. (b) Return -To -Duty Controlled Substance Test. The City shall ensure that before a driver returns to duty requiring the performance of a safety - sensitive function after engaging in conduct prohibited by federal law or this policy concerning controlled substances, the driver shall undergo a return -to -work controlled substance test with a result indicating a verified negative result for controlled substance use. Follow -Up Testing (a) Follow-up Alcohol and/or Controlled Substance Test. Following a determination that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the City shall ensure that the driver is subject to unannounced follow-up alcohol and/or controlled substance testing as directed by a substance abuse professional in accordance with the federal law. (b) Timing of Follow-up to Alcohol Test. Follow-up alcohol testing shall be conducted only while the driver is performing safety -sensitive functions, just before the driver is to perform safety -sensitive functions, just lifter the driver has ceased performing such safety -sensitive functions or while the driver is in a state of readiness to perform safety -sensitive functions. 5. SPECIMEN COLLECTION PROCEDURES (a) The collection site person shall instruct the driver to provide at least 60 ml. - of urine under the split sample method of collection. (b) The City is required to use the "split sample" method of collection for drivers. Split Specimen Procedure for Controlled Substance Testing (a) The driver shall urinate into a specimen bottle that is capable of holding at least 60 ral. ,f (b) The collection site person shall pour the urine into two specimen bottles. Thirty (30) ml. shall be poured into one bottle, to be used as a primary specimen. At least 15 ml. shall be poured into the other bottle, to be used as the split specimen. (c) If the driver is unable to provide the appropriate quantity of urine, the collection site person shall instruct the driver to drink not more than 24 ounces of fluids and, after a period of no more than two hours, again attempt to provide a complete sample. If the driver is still unable to provide a complete sample, the testing shall be discontinued and the City notified. The MRO shall refer the driver for a medical evaluation to determine if the driver's inability to provide a specimen is genuine or constitutes a refusal to test. For pre-employment testing, the City may elect to not have the referral made and revoke the employment offer. (d) Both bottles shall be shipped in a single shipping container, together with copies 1, 2, and the split specimen copy of the chain of custody form, to the laboratory. (e) If the test result of the primary specimen is positive, the driver may request that the MRO direct that the split specimen be tested in a different DHHS- certified laboratory for presence of the drug(s) for which a positive result was obtained in the test of the primary specimen. The MRO shall honor such a request if it is made within 72 hours of the driver having been notified of a verified positive test result. (f) When the MRO informs the laboratory in writing that the driver has requested a test of the split specimen, the laboratory shall forward, to a different DHHS-approved laboratory, the split specimen bottle, with seal intact, a copy of the MRO request, and the split specimen copy of the chain of custody entries. (g) The result of the test of the split specimen is transmitted by the second laboratory to the MRO. (h) Action required by the regulations as the result of a positive drug test (e.g., removal from performing a safety -sensitive function) is not stayed pending the result of the test of the split specimen. (i) If the result of the test of the split specimen fails to reconfirm the presence of the drug(s) or drug metabolite(s) found in the primary specimen, the MRO shall cancel the test, and report the cancellation and the reasons for it to the DOT, the City, and the driver. (j) If the result of the primary specimen is positive, the laboratory shall retain the split specimen in frozen storage for 60 days from the date on which the 13 / 7 laboratory acquires it. Following the end of the 60 -day period, if not informed by the MRO that the driver has requested a test of the split specimen, the laboratory may discard the split specimen. (k) When directed in writing by the MRO to forward the split specimen to another DHHS-certified laboratory for analysis, the second laboratory shall analyze the split specimen by Gas Chromatography/Mass Spectrometry to reconfirm the presence of the drug(s) or drug metabolite(s) found in the primary specimen. The split specimen shall be retained in long-term storage for one year by the laboratory conducting the analysis of the split specimen. Reporting and Review of Results for Controlled Substance Testing • (a) Confirmation Retest. The MRO shall notify each driver who has a confirmed positive test that the driver has 72 hours in which to request a test of the split specimen if the test is verified as positive. The driver is responsible for all costs associated with the confirmatory retest unless results are negative. If the driver requests an analysis of the split specimen within 72 hours of having been informed of a verified positive test, the MRO shall direct, in writing the laboratory to provide the split specimen to another ;DHHS-certified laboratory for analysis. If the analysis of the split specimen fails to reconfirm the presence of the drug(s) or drug metabolite(s) found in the primary specimen, or if the split specimen is unavailable, inadequate for testing or untestable, the MRO shall cancel the test and report cancellation and the reasons for it to the DOT, the City and the driver. (b) MRO Shall Direct Analysis of Split Specimen. If the driver has not contacted the MRO within 72 hours, the driver may present to the MRO information documenting that serious illness, injury, inability to contact the MRO, lack of actual notice of the verified positive test, or other circumstances unavoidably prevented the driver from timely contacting the MRO. If the MRO concludes that there is 'a legitimate explanation for the driver's faillure to contact the MRO within 72 hours, the MRO shall direct the analysis of the split specimen, as applicable, be performed. (c) MRO Unable' to Contact Driver. If, after making reasonable efforts and documenting these efforts, the MRO is unable to reach the driver directly, the MRO must contact the designated City contact person, who shall direct the driver to contact the MRO. If the City contact person is unable to contact the driver, the driver will be place on suspension. 14 ( (d) MRO May Verify Positive Test. The MRO may verify a test positive without having communicated directly with the driver about the test results under the following circumstances: (1) The driver expressly declines the opportunity to discuss the test results. (2) The driver has not contacted the MRO within five days of being instructed to do so by the City. 6. ALCOHOL TESTING • The FWHA alcohol test rules require breath testing administered by a Breath Alcohol Technician (BAT) using an Evidential Breath Testing Device (EBT). Two breath tests are required to determine if a person has a prohibited alcohol concentration. Any result less than 0.02 alcohol concentration is considered a "negative" test. If the alcohol -concentration is 0.02 or greater, a second confirmation test must be conducted: If the driver attempts and fails to provide an adequate amount of breath, the City will direct the driver to obtain written evaluation from a licensed physician to determine if the driver's inability to provide a specimen is genuine or constitutes a refusal to test. Alcohol test results are reported directly to the designated City contact person. 7. CONFIDENTIALITY All alcohol/controlled substances test results and required records are considered confidential information. Any information concerning an individual's test results and records shall not be released without the written permission of the individual except as provided for by regulation or law. 8. CONSEOUENCES FOR DRIVERS ENGAGING IN PROHIBITED CONDUCT (a) Removal from Safety -Sensitive Function. Except as provided in federal law, no driver shall perform safety -sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited byfederal law or this policy or an alcohol or controlled substance rule of another Department of Transportation agency. . - (b) Prohibition of Safety -Sensitive Functions. The City shall not permit any driver to perform safety -sensitive functions, including driving a commercial motor vehicle, if the City has determined that the driver hasviolated federal law. (c) Refusal to Submit.. If the driver refuses to undergo required testing under federal regulations, no test shall be given, and the administrating authority shall recommend to the Council that the driver be. discharged from employment on grounds of insubordination. In the case of a job applicant applying to drive for the City, if the applicant refuses, no such test shall be given, and the job applicant shall be deemed to have withdrawn the application for employment. (d) Pre-employment Tests. Job Applicants (including those for promotion). The administrating authority will not withdraw an offer of employment or promotion to a driver position made contingent on the job applicant passing drug testing based on a positive test result from an initial screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest (controlled substances only), the actmlristrating authority will withdraw the contingent offer of .employment or promotion to a driver position if the City determines in accordance with the Minnesota Human Rights Act that drug usage or abuse prevents the job applicant from performing the safety - sensitive functions of the job in question. (e) Other Test. The administrating authority will not recommend discharge, discipline, discriminate against, or request or require rehabilitation of a driver solely on the basis of a positive test result from a screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest (controlled substances only), the City may do the following: (1) First ]Positive Test ' Result. Give the driver the opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate. The City, through its Employee Assistance Program, may determine which program is more appropriate after consultation with a substance abuse professional or physician trained in the diagnosis and treatment of chemical dependency. Participation in a counseling or rehabilitation program will be at the driver's own expense or pursuant to coverage under the driver's own benefit plan. If the driver either refuses to participate in the counseling or rehabilitation program or fails to successfully complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program, and alcohol or drug abuse prevents the driver from performing the safety -sensitive functions of the job in 16 v question, the administrating authority will recommend to the City Council that the driver be discharged from employment. (2) Second Positive Test Result. Where alcohol or drug abuse prevents the driver from performing the safety -sensitive functions of the job in question, the administrating authority will recommend to the City Council that the driver be disciplined; including, but not limited to, discharge from employment. The driver, whether discharged or not, will have access to the City's Employee Assistance Program for evaluation and referral in resolving problems with alcohol misuse and controlled substances use. (3) Suspensions and Transfers. Notwithstanding any other provisions herein, the City may temporarily suspend the tested driver with pay for up to 90 days or transfer that driver to another position at the same rate of pay pending the outcome of' the confirmatory test and, if requested, the confirmatory retest (controlled substances only), provided the City believes that it is reasonably necessary to protect the health or safety of the driver, co -employees, or the public. (4) Other Misconduct. Nothing in this policy limits the right of the City to discipline or discharge a driver on grounds other than a positive test result in a confirmatory test arising from the same or other incident, including, but not limited to, a conviction of any criminal drug statute for a violation occurring in the workplace. 9. PENALTIES Criminal penalties shall be as prescribed by 49 U.S.C. Sec. 521 (b)(2), which provides that an employee who knowingly and willfully violates the Omnibus Transportation Employee Testing Act while operating a commercial motor vehicle by activities that have led or could have led to death or serious injury is subject to the statutory criminal sanctions. 10. REFERRAL. EVALUATION AND TREATMENT (a) Resource Advisory. Each driver who engages in conduct prohibited by federal law and this policy shall be advised by the City of the resources 'available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses and phone numbers of substance use professionals and counseling and treatment programs. 17 a/ (b) Evaluation by a Substance Abuse Professional. Each driver who engages in conduct prohibited by federal law and this policy shall be evaluated by a substance abuse professional who shall determine what assistance, if any, the driver needs in resolving problems associated with alcohol misuse and controlled substance use. (c). Return -To -Duty Testing and Assistance. (1) Before a driver returns to duty requiring the performance of a safety - sensitive function after engaging in conduct prohibited by a federal law or this policy, the driver shall undergo a return -to -duty alcohol test with the result indicating an alcohol concentration of less than 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved a controlled substance. (2) In addition, each driver identified as needing assistance in resolving problems associated with alcohol misuse or controlled substance use: (A) Shall be evaluated by a substance abuse professional to determine that the driver has—properly followed any rehabilitation program prescribed under federal law and these rules; and (B) Shall be subject to unannounced follow-up alcohol and controlled substance testing administered by the City following the driver's return to duty. The number and frequency of such follow-up testing shall be as directed by the substance abuse professional, and consist of at least six (6) tests in the first twelve (12) months following the driver's return to duty. The City may direct the driver to undergo return -to -duty and follow-up testing for both alcohol and controlled substances, if the. substance abuse professional determines that return -to -duty and follow-up, testing for both alcohol and controlled substances is necessary for that particular driver. Any such testing shall be performed in accordance with the requirements of 49 C.F.R. Part 40. Follow- up testing shall not exceed sixty (60) months from the date of the driver's return -to -duty. The substance abuse professional may terminate the requirement for follow-up testing at any time after the first six (6) tests have been administered, if the substance abuse professional determines that such testing is no longer necessary. (d) Evaluation and Rehabilitation. Evaluation will be provided by the City's Employee Assistance Program and paid for by -the City. Any recommended participation in a counseling or rehabilitation program will be at the driver's own expense or pursuant to coverage under an employee's benefit plan. (e) (f) Conflict of Interest of Substance Abuse Professional. The City shall ensure that a substance abuse professional who determines that a driver requires assistance in resolving problems with alcohol misuse or controlled substance use does not refer the driver to the substance abuse professional's private practice or to a personal organization from which the substance abuse professional receives remuneration or in which the substance abuse professional has a financial interest. This paragraph does not prohibit a substance abuse professional from referring a driver for assistance provided through a public agency, the City or a person under contract to provide treatment for alcohol or controlled substance problems on behalf of the City, the sole source of therapeutically appropriate treatment tinder the driver's health insurance program; or the sole source of therapeutically appropriate treatment reasonably accessible to the driver. Inapplicability of Section. The requirements of this section with respect to referral, evaluation, rehabilitation do not apply to applicants who refuse to submit to a pre-employment controlled substance test or who have a pre- employment controlled substance test with a verified positive test result. 11. APPEALS PROCEDURE (a) Concerning disciplinary actions taken pursuant to this City of Eagan Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations, available appeal procedures are as follows: (1) Temporary Employees. Temporary employees as defined in the City of Eagan Personnel Policy shall have no right to appeal. (2) Non -veterans On Probation. An employee who has not completed the probationary period and who is not a veteran has no right of appeal. (3) Non -veterans After Probation. A regular employee who has completed the probationary period and who is not a veteran has a right to utilize the grievance procedure included in the applicable collective bargaining agreement. (4) Veterans. An employee who is a veteran may have a right to utilize the grievance procedure included in the applicable collective bargaining agreement. In cases of permanent demotion or discharge, an employee who is a veteran may have additional rights under the Veterans Preference Act, Minn. Stat. 197.46. .(b) All notices of appeal not covered under a collective bargaining agreement must be submitted in writing to the City of Eagan Personnel Director, 3830 Pilot Knob Road, Eagan, Minnesota, which shall provide an appropriate hearing. (c) An employee who is covered by a collective bargaining agreement may elect to seek relief under the terms of that agreement by contacting the appropriate union and initiating grievance procedures. - 12. GOOD FAITH EFFORT The City of Eagan will make a continuing good faith effort to maintain an alcohol/drug-free workplace through the implementation of the City of Eagan Policy Implementing the Federal Omnibus Transportation Employee Testing Act and Related Regulations. This policy implementing the Federal Omnibus Transportation Employee Testing Act is based upon final federal regulations at the time of the adoption of this policy. Any revisions in the federal rules shall take precedence over this policy to the extent that the policy has not incorporated the revised rules. Agenda Information Memo November 6, 1995 Eagan City Council Meeting B. PLUMBERS LICENSES ACTION TO BE CONSIDERED: To approve the plumbers licenses for Dick Anderson Plumbing Co., Gertman Mechanical Ltd., H & H Plumbing, Janecky Plumbing, Krumholz Co. Inc., Polar Plumbing, and Roseville Plumbing & Heating Inc. FACTS: These applications are in order for consideration Agenda Information Memo November 6, 1995 Eagan City Council Meeting C. CHANGE ORDERS, POLICE DEPARTMENT -MUNICIPAL CENTER EXPANSION ACTION TO BE CONSIDERED: To approve change orders for the Police Department and Municipal Center expansion as presented. FACTS: • The City is in receipt of change orders for the Police Department resulting in a net deduct of $353.43 and for the City Hall in the amount of $11,028.76 of which approximately $2,200 is for construction support. Details of the other changes are outlined in the attachments. ATTACHMENTS: • Staff memorandums on pages a7 through p. __ . MEMO city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: OCTOBER 31,1995 SUBJECT: POLICE DEPARTMENT CHANGE ORDERS The City is in receipt of the six change orders for the Police Department in the amount of a net deduct of $353.43. These items were previously noted on the project budget as changes pending and represent close outs of these items. The changes are described below: 1. Peterson Electric - Change Order #7/pco #57 - Connection of Civil Defense siren and modification of dumbwaiter circuit to accomodate awarded system - $1,811.64. 2. Peterson Electric - Change Order #11/pco #77 - Relocation of electric meter required by Dakota Electric, reduction of dumbwaiter pricing - $624.66. 3. Lund Martin - Change Order #1/pco #18 - Delete door closers where requested and revise room finish on main level - ($650.00). 4. Lund Martin - Change Order #2/pco #24 - Substitute alternative overhead doors - ($1,667.00). 5. Lund Martin - Change Order #3/pco #44 - Install grab bars in intoxilyzer room - $190.00. 6. Mid -Co Security - Change Order #6/pco #117 - Backcharge for transformer work performed by Peterson Electric - ($662.73). These items have been reviewed in detail 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 the change in more detail, please let me know. 2 '7 MEMO _city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: OCTOI3ER 31,1995 SUBJECT: MUNICIPAL CENTER EXPANSION CHANGE ORDERS The City is in receipt of nine change orders for the municipal center remodeling in the amount of $11,028.76. The change is described below: 1. The Builders - Change Order #1/pco #47 - Backcharge for dumpsters supplied by owner - ($1101.00). 2. The Builders - Change Order #8/pco #44 - Modify wood blocking at roof hatches and fire rated chaseway modifications - $1,611.00. 3. The Builders - Change Order #7/pco #42 - Revise roof mechanical:curbing and make treated (lumber connections at existing parapet, additional demolition in old lobby and new stairwell - $1,380.00. 4. The Builders - Change Order #9/pco #52 - Add wood door In lieu of steel and add vertical blinds in Council Chamber as required for cablecasting system - $316.00. 5. Mulcahy - Change Order #4/pco #40 - Install fire rated shaft, install work out room wall, revise projection screen detail to accomodate structural details and patching of existing drywall required by installation of electrical and mechanical systems - $3,578.00. 6. Del's Construction - Change Order #2/pco #45 - Credit for reduced brick work for front wall and add for leveling upper floor topping material - ($B2.00). 7. Resch's Tile - Change Order # 1 /pco #30 - Repair existing quarry tile and install new quarry tile at east entry and vestibule and install quarry tile base - $1,400. 8. Seal -Treat - Change Order #2/pco #33 - Revisions of trash enclosure and control joints - No charge. a8 9. Del's Construction - Change Order #3/pco #46 - Tooth and patch beam bearing pier, fill voids in elevator shaft per elevator inspector, add support angles at existing mechanical shaft, remove and replace bond beam at south entry and modify existing opening between existing building and expansion - $2,926.76. These items have been reviewed in review in detail 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 the changes in more detail, please let me know. Agenda Information Memo November 6, 1995 Eagan City Council Meeting D. RECOMMENDATION, AIRPORT RELATIONS COMMISSION EXPANSION OF MAC VOLUNTARY NIGHTTIME TRAFFIC RESTRICTIONS ACTION TO BE CONSIDERED: To approve expansion of MAC voluntary nighttime air traffic restrictions as presented. FACTS: The Metropolitan Airports Commission currently has voluntary nighttime agreements with the air carriers to limit scheduled traffic between the hours of 11:00 p.m. and 6:00 a.m. The MASAC Operations Committee has determined that there may be an opportunity to expand the time frame slightly through modifications of the airline agreements. At its meeting of October 10, the Airport Relations Commission considered this item and referred it to its Long Term Planning Committee. The committee recommended that the City go on record supporting nighttime restrictions between the hours of 10:00 p.m. and 7:00 a.m. ATTACHMENTS: • Draft letter reflecting the ARC recommendation on page. city of acigcin November 7,•1995 SANDY GRIEVE CHAIR, METROPOLITAN AIRPORTS COMMISSION 6040 28TH AVENUE SOUTH MINNEAPOLIS,.MN 55450 RE: EXPANSION OF VOLUNTARY NIGHTTIME AGREEMENTS Dear Chair Grieve: THOMAS EGAN Maya PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clark Like a number of other communities in northern Dakota County, Eagan is very concerned about the effect of nighttime operations noise on our residents. Over the years, the MAC has made effective use of voluntary nighttime agreements to limit the amount of scheduled traffic operating between 11:00 p.m. and 6:00 a.m. Recent discussions by the MASAC Operations Committee suggest that the MAC has an opportunity to expand this time frame at the shoulder hours to the benefit of those in our communities most affected by aircraft noise. The City of Eagan requests that the MAC take steps to negotiate new nighttime agreements with the carriers to limit scheduled operations between the hours of 10:00 p.m. and 7:00 a.m. We would further request that the MAC regularly review operations schedules to determine whether further expansions of the voluntary time frame could be achieved. If you have any questions concerning this request, please do not hesitate to contact Jon Hohenstein of our staff. Thank you in advance for your attention to this matter. Sincerely, 'Mayor MUNICIPAL,CENTER • .3830 PILOT 'KNOB ROAD ' •' EAGAN, MINNESOTA 65122-1897 PHONE: (612) 681.4600 FAX (612)681.4612 1DD: (612) 454,8535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/A111rmatly Action Employer MAINTENANCE FACIUTY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (612) 681.4300 FAX (612) 681.4360 1DD: (612) 4546535 Agenda Information Memo November 6, 1995 Eagan City Council Meeting E. AUTHORIZATION, MVTA MEMBERSHIP IN SUBURBAN TRANSIT ASSOCIATION ACTION TO BE CONSIDERED: To authorize the MVTA Board of Directors to acquire transit authority membership in the Suburban Transit Association. The MVTA passed a resolution in this regard at its meeting of September 27. ATTACHMENTS: • Board resolution on pages 33 through 4i Burnsville Transit Station 100 East Highway 13 • Burnsville, MN 55337 Ph. (612) 882-7500 • Fax: (612) 882-7600 TO: MVTA Area City Managers FROM: Robin Selvig, MVTA RE: Opt -out Association DATE: October 13, 1995 At its September 27th Board Meeting, the MVTA Board of Directors adopted a resolution joining the Suburban Transit Association. Board members were asked to follow through with their local city councils regarding the City's participation. The Suburban Transit Association is a cooperative association among and between the opt -out member cities of MVTA, SWMTC, Plymouth and Shakopee. (At this time, Maple Grove has not expressed an interest in being part of the association.) The purpose of the association is to cooperatively address the transit -related issues that are of mutual interest to all opt -outs and their respective communities. Membership dues would be passed through the MVTA. Enclosed please find a copy of the Joint and Cooperative Agreement for city adoption. If you have any questions, please contact Beverley Miller at the MVTA - 882-7500. 3 Public transportation for Apple Valley, Burnsvil an Prior Lake, Rosemount, Savage P PP Y � Eagan, 9 JOINT AND COOPERATIVE AGREEMENT MU UMINAJ Y STATEMENT September 30, 1995 The Parties to this Agreeinent are governmental units of the State of Minnesota. Minnesota Statute §471.59 permits two or more sub -units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them. Pursuant to statutory authorization, the Parties to this Agreement have chosen to execute a joint powers agreement providing, in essence, for the development of programs on matters of mutual concern and interests. ARTICLE 1. • GENERAL PURPOSE The primary purpose of this Agreement is for the member municipalities and affiliate members, such as transit commissions or associations previously created by a joint powers agreement, to jointly and cooperatively develop programs on matters of mutual concern and interest, and identify, review, and to actively oppose proposals which may be in conflict with the interests of the members. The organization formed ptfrsuant to this Agreement will be funded by member municipalities' contributions to be used for the retention of professional assistance, information preparation and dissemination, research, and other activities that may from time to time be authorized by the membership. I 1 ARTICLE 9. NAME The Parties hereto agree to establish an organization to be known as the Suburban Transit Association to carry out the objectives of this Agreement. 1 R-97% 1 ti 612 882 7600 11-03-95 03:•22PM P001.#10 11/83/95 15:31 '$'812 882 7800 N 1 NN VALLEY TRAN p; AZLTICLE 8. DEFINITION OF TKRMB For the purpose of this Agreement, the terms defined in this Article shall have the meanings given them by this Article. 3.1) "Board" means the governing body of the Association. 3.2) "Association" means the organization created pursuant to this Agreement. 8.3) "Authority" means the governing body of a Party, 8.4) "Board Members' means the persona appointed pursuant to this Agreement to serve as Members of the Board. • • 2.5) "Party" means a municipality which has entered into this Agreement 8.6) "Affiliate Member" means an organization, commission, association or ' municipality which has entered into this Agreement, but does not have the same voting rights and privileges as a Party. • ARTICLE 4. ADDITIONAL PARTIES Any other organization, commission, association or municipality may become a Party or Affiliate Member upon approval by a maJority of the then Parties and upon full payment of the annual di ee. ARTICLE 6. EFFECTIVE DATE A municipality shall enter into this Agreement by duly executing a copy of this Agreement and by filing such copy, together with a certified copy of the authorizing resolution, with the Association Chair, This Agreement shall become effective upon approval by at least two (2) Parties, or on October 1, 1925, whichever is sooner. ARTICLE & POwERS AND DUTIES Or T> ASSOCIATION 1 The powers and duties of the Association shall include the powers set forth in this article. 6.1) it may establish legislative prograrae embodying proposed legislation and positions on proposed legislation. 2 3� 1 R-95% 612 882 7600 11-03-95 03:22PM P002 #10 11'03'95 15:32 0612 882 7600 r R-95% MINN VALLEY TRAN �L•: 6.2) It may take such action as it deems necessary and appropriate to - accomplish the general purposes of this Association. 6.3) It may consult with persons knowledgeable in the legislative process and persons having a special interest therein, such u legislators, research organizations, educational institutions, other political subdivisions, municipal organizations, regulatory organization - technical expert, and any other persons who can provide pertinent information Concerning legislation of interest to the Association. 6.4) It may provide ,for the prosecution, defense, or other participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purpose. • 6.1) It may conduct such research and investigation and tale such action u it deems necessary, including participation and appearance in proceedings of any iaietropolitan, state, federal, regulatory, or legislative or administrative bodies, on any proposed or existing law, bill, or recommendation related to or affecting any or all members. 6•a) It may enter into any contracts deemed necessary by the Board to cagy out its powersd duties, subject to the provisions of this Agreement. 6.7) It may contract with any of the Partiea•or others to provide space, services, or materials oxt its behalf. Any contracts let or purchases made shall conform to the re4uirem,nts applicable to Minnesota statutory Cities. 6.8) It may accept gifts, apply for grants, enter into agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. . 8.9) It shall cause tue annual audit of the books of the Association to be made by an independent auditor, or an independent auditor of a member city, whichever the Board determines. It shall make au annual financial accounting and report iu writing to the Parties. Its books and records shall be available for and open to the examination by the Parties at all'easonable times. It shall establish the annual budget for the Association as provided in this Agreement. 6.14) It may establish and delegate authority to a Contmittee(s) between Association meetings. Such delegation of authority shall be by resolution of the Board and may be reconditioned in ouch manner as the Board may determine. 6.11) It may exercise 'any other power necessary and incidental to the implementation of its powers and duties. 1 1_ 3 3L 612 882 7600 1 ir- 11-03-95 03:22PM P003 #10 11/03/95 16:32 12612 882 7600 MINN VALLEY TRAM ARTICLE 7. BOARD OP AMMO 74) The governing body of the Association shall be its Board of Members. Each Party shall be entitled to one Board Member, Each Board Member shall have one (1) vote. The Authority of each Party shall appoint its one (1) Board Member, who shall be an active Council ar Authority member. A preference should be made by the Authority to appoint council members who MOO serve On 8 transit commissicun or annotation previously created by a joint powers agreement to serve on the Board of Members. Board Members shall serve without compensation from the Association. 7.2) Prosy voting by a Board Member's designee shall be permitted. 7.8) Each Board Member ohall serve until that Board Member's successor is appointed and assumes his or her responsibilities. Board Members shall serve at the pleasure of the Party appointing therm. When. a Party appoints a Board Member, it shall give notice of such appointment to the Association's Secretary/Treasurer. Such notice . shall include the mailing address of the person so appointed, The names and addresses( shown on such notices may be used u the official names and addresses for the purposes of giving notices of any meetings of the Association. - 7A) A simple majority of the Board of Members shall constitute a quorum of the Board. 7.5) A vacancy on the Board shall be filled by the Authority of the Party. whose position on the Board to vacant. ARUCLE 8.1) The Association shall Diet at'least semi4annuelly and shall hold'an annual oThranizatia al meeting in ()debar. 8.2) e Board stall adopt ()debar.()debar.opt Bylaws govet�ng its procedures, including the time, place, and frequency of its regular meetings. Such Bylaws may be aui nded from limo to time. 8.8) Special meetings of thetfoard may be called (a) by the Chair or (b) by the Board upon written request of the majority of the Board Members. Three (3) days' written notice of special nteetga ehall be given to the Board Members. Such notice shall include the agenda for the special 4 37 612 882 9600 R-96% 11 -413 -AS WA!191:41 nnnA 11/03/95 15:33 12612 882 7600 R-9696 MINN VALLEY TRAM meeting;. Only matters set forth in the agenda shall be considered at a special meeting. 8.4) Notice of regular meetings of the Board shall be given to the Board Members by the Secretary/Treasurer at leant seven (7) days in advance and the agenda for such meetings shall accompany the notice. However, business at regular meetings of the Board need not be limited to matters set forth is the agenda. ARTICLE 9. OFFICERS 9.1) • Number, Electi�m, Qualircataons - The officers of the Association alaall consist of a Chair, Vice Chair and a SecretaryPTreaeurer. Each officer shall be elected at the annual meeting by the Hoard. The Chair and Vice Chair shall hold office until the next annual election of officers and until hie/her successor shall have been elected and have qualified or until his/her earlier disqualification, death, resignation, or removal. The Secretary/Treasurer's term shall commence on January 1 of the following year end end on December 31 of that year. All officers shall be Board Members. New officers shall take office at the adjournment of tete annual meeting of the Association at which they were elected, with the exception of the SecretaryiTreasurer who shall take office on the first day of January of the following year. Not more than one Board Member of a Party shall be elected an offiieer during the same term. Any officer who ceases to be a Board Member shall at the same time cease to be an officer. If re-elected, officers may serve for more than one year. 9.2) Resignation • Any officer of the Association may resign at any time by giving written notice of his/her resignation to the Board, to the Chair, or to the Secretary/Treasurer of this Association. The resignation shall take effect at the time, if any, specified therein or, if no time is specified therein, upon receipt thereof by said Board Chair, or to the Becretary/Treaavrer. The acceptance of a resignation shall not be necessary to liners it effective. 9.3) Removal - Any efficer may be removed, with or without canoe, by a vote of four-fifths (4/5) of the total number of Board Members, at any meeting of the Board, provided that ouch purpose is stated in the notice or waiver of notice of the meeting unless all of the Board Members of this Association are present at the meeting. 9.4) Vacancies - A vacancy in any office because of disqualification, death, resignation, or removal shall be filled for the unexpired portion of the term in the manner prescribed herein for election to that office. 5 M 612 882 7600 r n' - 11-03-95 03:22PM P005 #10 11'03'96 15:33 ft612 882 7600 MINN VALLEY TRAM R-96% 9.5) Cham; Vice Chair - The Chair shall preside at all meetings of the Association and shall perform all duties incident to the office of Chair and such other duties u may be delegated by the Association. The Vice Chair shall act a$ Chair in the absence of the Chair. 0.6) Secretary/Treaaurer - The Secretary/Treasurer shall be responsible far keeping a record of all of the proceedings of the Association- The Secretary/Treasurer Shan Rend written notice and material pertaining to agenda items to each Board Member. He/She shell have cuatodY of the Association's funds, shall pay its bills, and keep its financial records, and generally conduct the financial affairs dee Association. The Secretary/Treasurer shall be responaible for such other matters as shall be delegated to him/her by the Association, Orders, checks, and drafts of the Association shall be lamed in accordance with the financial practices applicable to the member city from which the Secretary/'Treasurer is elected, In conducting the Association's financial affairs, the Secretary/Treasurer shall, at all times, act In accordance with 11912era1 accepted accounting principles. The SecretaryfTreasurer's reports, Including any bills or claims to be acted upon by the Association, shall he distributed to all Board Members. • Any persons may be engaged to perform such services tinder the - Secretary/Treasurer's Supervision and direction, when authorized by •the Association. 9.7) • Other olffcero - The Association may appoint such other officers as It deems necessary. All such officers shall be Board Members. 9.8) Como1itteea - The Association may appoint such committees as it • deems necessary or desirable to accomplish Its purposes. ARTICLE 10. rINANOLw M ERS 10.1) Association funds may be expended by the Board in accordance with the procedures ostablished by law for the expenditure of funds by Minnesota statutory cities. Legal instruments shall be eecuted with authority of the Board, by any two (2) officers. 10.2) The financial oontrlbutions of the Parties in support tithe Association shall be per capita. Each of the Parties shall pay to the Association an amount as determined by the Board at its annual meeting not to exceed $.20 per capita by October 16 of each year based upon the most recent Metropolitan Council population eetimatea. The financial contributions of Affiliate Members shall be determined by the Board. Theae amounts may be used by the Association to pay all legal and consultant costs and expenses and other expanses as approved by the 6 612 882 7600 11-03-95 03:22PM P006 #10 1 t 11/03/95 15:34 12612 882 7600 M I NN VALLEY TRAN �J Board, The Board may authorize changes in tho per capita charge for all members upon majority vote. 10.8) A proposed budget shall be formulated by the Board and submitted to the Parties on car before August 1. of each calendar year. Such budget shall be deemed approved by a Party unless, prior to September 15 of the year involved, the Party gives notice in writing to the Board that it is withdrawing from the Association. Final action adopting a budget for the ensuing calendar year shall be taken by the Board on or before the October organizational meeting each year. 10.4) Any Party may inspect and copy the .Association books and records at any and all reasonable times. All books and records shall be kept bi accordance with normal and accepted accounting procedures and principles used by Minnesota statutory Cities. ARTICLE 11 � EAWAL 11.1) Withdrawal . Any Party or Affiliate Member may withdraw from this Agreement effective on October 1 of any year by giving notice pursuant to Section 2 of thin dole prior to July 16 of the preceding year. 11.2) Notice - In order to effectuate a withdrawal, a Party or Affiliate Member withdrawing from the Association shall give written notice to the Chair of the Association, served personally on the Chair or addressed to the Chair at the address shown on the records of the Association, and by giving with such notice, a copy of a resolution of its Council stating its decision to withdraw Croce the Meoeiation. The withdrawal shall be effective upon actual receipt by the Chair and each officer of such notice and resolution. The withdrawing Party shall have the.responsibility far such actual receipt by the Chair and each officer, Upon receipt of such notice and resolution, the Chair of the Association shall forward a copy of the notice and resolution to each Board Member, 1LS) Financial Effect of Withdrawal - No financial benefit shall inure .to a Party or . Aflliate Member that withdraws thin this Association nor shall there be any reimbursement for any contribution made or required of the withdrawn Party by this Agreement, 7 11.-96% 612 882 7600 •11-03-95 03:22PM P007 #10 .11/03/95 15:35 12612 882 7600 MINN VALLEY TRAN ARTICLE 12 AMENDMENTS 12.f.) Amendments - This Agreement may be amended by a vote of two-thirds (213) of the number of Parties at any meeting of the Board, provided that such purpose is stated in the Notice of the meeting and the proposed amendment is provided in writing to all Board Members at least seven (7) days in advance of the meeting. ARTICLE 18. DISSOLUTION 18.1) Duration of Association The Association shall be dissolved if logs than two (2) Parties remain, or by operation of state or federal law or regulation, now or hereafter enacted, or by mutual signed agreement of all of the Parties, 18.2) Distribution of Assets • Upon dis$olution of the Association, all reveal:king Assets of the Association, after payment of all obligations, shall be distributed among the Parties that are Parties to the Agreement at the time of dissolution, in proportion to their contributaor a and in accordance with procedures established by the Association. The Association shall continue to eglst after dissolution for such period, no longer than six (6) months, as is necessary to wind up its affairs, but for no other purposes. IN WITNESS WIIEREQF, The mwaicipaifty of __ - has caused the Agreemant to be signed on its behalf this , day of unwise J.wau, R-96% By: By; 8 612 882 7600 11-03-95 03:22PM P008 #10 Agenda Information Memo November 6, 1995 Eagan City Council Meeting F. SPECIAL HUNTING PERMITS/BRIAN DAVID LANNER, CRAEG A NOLAN ACTION TO BE CONSIDERED: To approve special hunting permits for Brian David Lanner and Craeg A. Nolan as presented. FACTS: • The City is in receipt of hunting permit applications from the above referenced individuals. Staff and the Police Department have reviewed these items and find no reason to deny them at this time. Both parties have property owner permission to hunt on their land. ATTACHMENTS: • Application and permission information enclosed without page number. Agenda Information Memo November 6, 1995 G. CONTRACT 95-07. NICOLS ROAD ACTION TO BE CONSIDERED: To approve Change Order #1 to Contract 95-07 (Nicols Road - Street & Storm Sewer) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 95-07 provided for the reconstruction of Nicols Road and installation of storm sewer improvements from Silver Bell Road north. • During the construction phase, additional field evaluation determined that the scope of the project needed to be expanded to incorporate the intersection of Nicols Road with Silver Bell Road. • This Change Order also provides for additional pavement markings/striping to compliment and complete the work recently performed by the Metropolitan Council and Environmental Services along Nicols Road. • The amount of the Change Order is an additional $11,033. ATTACHMENTS: (1) • Change Order, page . city of eagan CONTRACT #: 95-07 CHANGE ORDER NO.: 1 PROJECT #: 681 DATE: October 3, 1995 PROJECT NAME: Nicols Road Street Improvements PROJECT_DESCRIPTION: Reconstruction of a section of Nicols Road with addition of curb and gutter along the east side. CONTRACTOR Valley Paving, Inc. ENGINEER MSA, Consulting Engineers x 8800 -13th Avenue North 1326Energy Park Drive Shakopee MN 55379 St. Paul, MN 55108-5202 DE OPTION OF CHANGE ORDER ' WORD '• ; Quantities for structure adjustment are required for additional reconstruction/rehabilitation of the intersection of Silver Bell Road and Nicols Road. In conjunction with this work, •the removal of 25 feet of bituminous walkway is proposed to allow for a concrete walk installation. ; 1. Quantities for pavement striping are required for the portion of Nicols Road from the railroad tracks to the Cedar Avenue bridge, which was reconstructed as part of the MWCC Siphon Project. Additional storm sewer improvements are also included to provide better drainage. JUSTIFICATION FOR/PURPOSE QF CHANGE ORDER The scope of the project was expanded to include the reconstruction/rehabilitation of the intersection of Silver Bell Road and Nicols Road, including structure adjustments, and an additional catch basin lead, and concrete sidewalk construction. This work will provide a more uniform, homogenous appearance for the immediate area. The MWCC Siphon Project did not include bid items for pavement striping. The centerline striping and bike path striping are being added to this contract to provide continous striping on Nicols Road from Silver Bell Road to the Cedar Avenue bridge. JF.SCRIPTION OF WORK IT1'MS: Unit Total Additinne• QrY► hall ' Pace. Pt[ee Connect to Existing Manhole 1 EA 550.00 - 550.00 27' Catch Basin 3 EA 800.00 - 2,400.00 Connect to Existing Catch Basin 1 EA 350.00 - 350.00 B6I8 Curb & Gutter 50LF 12.15 - 607.50 • 15' RCP 80 LF 45.00 - 3.600.00 Manhole Adjustment 6EA 150.00 - 900.00 Catch Basin Adjustment 2 EA 65 - 130.00 Remove Bituminous Sidewalk 125 SF 1.00 se125.00 4' Concrete Sidewalk 125 SF 3.50 - 437.50 Bulkhead Culvert 1 EA 75.00 - 75.00 Bulkhead 36' Storm Sewer 1 EA ' 500.00 - 500.00 Pavement Sniping . 4' Solid Whin: 6800LF 0 26 - 1.768.00 Pavement Striping • 4' Double Yellow 3400 LF 0.45 - 1.530.00 Valve Adjustment 4 EA 110.00 - 440.00 Helen= 24' x 36' Catch Basin 1 EA 280.00 - 280.00 72' Manhole 1 EA 2.100.00 2.100.00 TDTAL• 511.033.00 cO 1m1.VNt4 WY pF E1GAN CHANGE OMER Page 1 W 2 Agenda Information Memo November 6,1995 T. CONTRACT 95-15. WELL #19 ACTION TO BE CONSIDERED: To receive the engineering report and approve the detailed plans for the development of Well #19 under Contract 95-15 and authorize an advertisement for a bid opening to be held on December 1, 1995, at 10:30 a.m. FACTS: • Previously, the City Council had authorized the preparation of an engineering report and approved a budget providing for the installation of Well #19 to be located at the southwest comer of Thomas Lake Road and the south entrance to the Thomas Lake Elementary School. • A detailed engineering report along with plans and specifications have been completed and are being presented to the City Council for their consideration of authorizing a competitive solicitation of bids. Agenda Information Memo November 6, 1995 CONTRACT 95-17. WELL #18 ACTION TO BE CONSIDERED: To receive the engineering report and approve the detailed plans for the development of Well #18 under Contract 95-17 and authorize an advertisement for a bid opening to be held on December 15, 1995, 10:00 a.m. FACTS: • Previously, the City Council had authorized the preparation of an engineering report and approved a budget providing for the installation of Well #18 to be located north of Cliff Road between Pilot Knob Road and ChesMar Drive. • - A detailed engineering report along with plans and specifications have been completed and are being presented to the City Council for their consideration of authorizing a competitive solicitation of bids. Agenda Information Memo November 6, 1995 J. PROJECT 6368, POPPLER HOMESTEAD NO 2 ACTION TO BE CONSIDERED: To receive a petition and authorize a revision to the feasibility report for Project 636R (Poppler Homestead No. 2 - Street Improvements). FACTS: • The City staff has received a petition from the developer of the proposed Poppler Homestead No. 2 requesting an updated feasibility report to provide for bringing Poppler Lane up to public City street standards. • The original Prc ject 636 had a public hearing held before the City Council on August 18, 1992, and it was subsequently canceled. ISSUES: • Before the City Council approves the final plat for the proposed Poppler Homestead No. 2 Addition, it should determine whether these improvements should be performed under a City contract through the public hearing process. Agenda Information Memo November 6, 1995 K. VACATE FARM ROAD ACTION TO BE CONSIDERED: To receive a request and schedule a public hearing to consider the vacation of Farm Road from Dodd Road to TH 3. FACTS: • With the recent construction of the Red Pine Lane signalized intersection with TH 3,. the Farm Road access from Dodd Road to TH 3 had to be closed to through traffic. • The previous intersection of Farm Road with TH 3 will remain as is but revert to a private business entrance for Schwendeman Services. The only other access was for a residential duplex unit with a short driveway connection to Farm Road near the Dodd Road intersection. • With the closure and abandonment of a major portion of Farm Road, staffhas submitted a request for Council consideration of vacating this public right-of-way. ISSUES: • With the vacation of this public right-of-way, the City's maintenance responsibilities will cease and the property will revert to the adjacent property owners. The result will increase the driveway responsibilities for the duplex unit. ATTACHMENTS: • Location/site plan, page Lt 7 POND LP -23 NWL ,= 925.3 HWL = 930.0 4 a 3 LI Agenda Information Memo November 6,1995 L. CONTRACT 95-14. CLEMSON DRIVE ACTION TO BE CONSIDERED: To receive the bids for Contract 95-14 (Clemson Drive - Streets & Utilities), award (or continue consideration of) the contract to the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • At 10:30 a.m. on November 1, 1995, formal bids were received for the installation of streets and utilities for Clemson Drive east of Johnny Cake Ridge Road. • The enclosed bid tabulation summarizes the low bid and its relationship to the engineer's estimate as well as the estimate contained in the feasibility report presented at the public hearing held on September 20, 1995. All bids will be reviewed for their accuracy and compliance with bid specification_ documents and any deviations will be so noted at the • November 6 meeting. ISSUES: • The City Attorney's Office is reviewing the issue of whether an unsigned bid with a bid bond can be accepted. It if can, the contract should be awarded to Ryan Contracting. ATTACHMENTS: • Bid tabulation, page SD city of eagan CONTRACTORS 1. Schield Construction 2. S. M. Hentges & Sons 3. Northdale Construction 4. Burschville 5. Friedges Landscaping 6. Bonnie Excavating 7. Brown & Cris 8. Volk Sewer & Water 9. Ryan Construction 10. Minger Construction LOW BID Feasibility Report Estimate % Over (+) Under (-) Engineers Estimate % Over (+) Under (-) Cont9514.mem CLEMSON DRIVE STREETS & UTILITIES IMPROVEMENTS CITY CONTRACT NO 95-14 $176,088.90 6204,075.00 -13.7 F.R. $192,000.00 -8.3 E.E. BiD DATE: NOVEMBER 1,1995 BID TIME: 10:30 A.M. TOTAL BASE BID 6182,943.82 194,985.00 200,526.70 203,312.80 203,650.00 209,201.50 211,636.08 238,146.30 176,088.90 Not Signed 197,885.25 Not Signed Agenda Information Memo November 6, 1995 M. CONTRACT 95-20. NORTH WATER TREATMENT PLANT REPAINTING ACTION TO BE CONSIDERED: To receive the bids for Contract 95-20 (North Water Treatment Plant - Repainting), award the contract to the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Various sections of the Coachman Road North Water Treatment Facility are in need of repainting. • The approved 1995 and 1996 Budgets provide for funding to accomplish this required work. • At 10:30 a.m. on November 2, formal bids were received for this work. • The enclosed bid tabulation shows the relationship of the bids received for the various alternates along with the comparison of the total low bid to the budget and the engineer's estimate. Any errors or deviations from the bid specifications will be discussed at the November '6 meeting. ATTACHMENTS: • Bid tabulation, pages S G . COACHMAN WATER TREATMENT FACILITY CITY CONTRACT NO. 95-20 Bid Date: November 2, 1995 Bid Time: 10:30 a.m. Contractors Total Bid Alt. 1. 3. & 4 1. TMI Coatings Inc. 2. Allied Painting & Renovating Inc. 3. Central Sandblasting Inc. 4. Swanson & Youngdale, Inc. 5. LeadCon Inc. $ 28,350.00 $ 33,800.00 $ 36,003.00 $ 38,000.00 $ 57,600.00 Low Bid $ 28,350.00 Engineer's Estimate % over (+) under (-) _ Budgeted Amount 1995 & 1996 % over (+) under (-) s $ 33,900.00 - 16.37% E.E. $ 30,000.00 - 5.5% B.A. MEMO TO: TOM COLBERT, DIRECTOR OF PUBLIC WORKS "• FROM: WAYNE SCHWANZ, SUPERINTENDENT OF UTILITIES DATE: NOVEMBER 2, 1995 SUBJECT: COACHMAN WATER TREATMENT FACILITY - PAINTING CITY CONTRACT NO. 95-20 Due to paint deterioration from chemicals and rust caused by high humidity, it was decided to start a progression of yearly painting projects at the North Water Treatment Facility.. The 1995 and the 1996 Department 61 budget contained dedicated funds of $15,000 in Line Item #4390 to complete this work. The North Water Treatment Facility was inspected and a priority list has been established as to the schedule of painting the various areas within the plant. In the contract year 1995-1996, the areas to be painted by priority were: 1. The sludge pit area piping and pumps 2. The cell area walkways and water piping 3. The cell area walls 4. The equipment and walls in the pipe gallery in the lower part of the plant On November 2, 1995, sealed bids were accepted and reviewed in regards to this project. The attached audit sheet of the bids contains the budget numbers which were appropriated to accomplish this work, the engineer's estimate to accomplish this work, and the actual bid prices received from the various painting contractors. Upon opening and review of the bids, it is recommended that items 1 = 3 be done in the 1995/1996 calendar year. These three items require the water treatment plant to be shut down for a period of two to three. months to de -humidify the area and to allow the areas to be sand blasted and the paint to be applied and to dry. I recommend that the first three items of this progression take place during the year 1995-1996 due to the fact that the Coachman Water Treatment Facility will have to be totally shut down to accomplish this work. Additional areas which will need to be painted in upcoming years can be done with the plant in operation. However, without being able to predict the future needs of the city, nor not knowing when the North Water Treatment Facility will be expanded to eventual capacity, we are not sure that we will be able to continue to shut this plant down and rely on the South Water Treatment Facility to supply the water for the entire City of Eagan. Therefore, I feel that it is important to complete these three items in this year knowing with certainty that the South Water Treatment Facility can meet current demands within the City of Eagan and can support the activities which will be needed through the winter months. 53 After review of the bids it is recommended that TMI Coatings Inc. be awarded the contract for a bid of $28,350.00. I request that you take these items under consideration and advise me as to which course of action you would like me to pursue in this matter. Wayne Schwanz Superintendent of Utilities WS/nab Attachments i:120b\colbert.306 5'� Bonestroo Rosene piAnderlik & Associates Engineers & Architects November 21995 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Bonestroo. Rosene. Anderlik and Associates. frit Is an Affirmative Action/Equal Opportunity Eng/dyer Otto G. Bonestroo, P.E Robert W. Rosen. P.E.• Joseph C. Anderlik. P.E. Marvin L Sorvala. P.E. Richard E. Turner, P1. Glenn R. Cook, PE Thomas E. Noyes, I.E. Robert G. Sc luticln. PE. Susan M. Eberlin. C.P.A.• • Senior Consultant Re: Coachman Water Treatment Plant Painting City Contract No 95-20 Our File No: 49573 Honorable Mayor and City Council Members: Howard A. Sanford. PE Keith A. Gordon.. P.E. Robert R. Ptefferle. P.E. Rlchrd W. Foster, PE David O. Loskota, PE. Robert C. Russek, AJA Jerry A. Bourdon. P1. Mark A. Hanson, PE Michael T. Rautmann. PE Ted K. Feld, PE Thomas R. Anderson. AJA. James R. Rosenmerkel, PE Donald C. Burgrdt, P.E. Thomas A. Syfko, PE Frederic J. Stenbor . PE Ismael Martinez. P.E. Michael P. Rau, P.E. Thomas W. Peterson. P.E. Michael C. Lynch. PE. !ernes R. Malsnd, PE Jerry D. Perish" PE Scott J. Argsnek. PE Kenneth P. Anderson, P.E. Mark R. Rolls. P.E. • Mark A. Seip, P.E. Gary W. Morlen. PE. Paul J. Gannon, ALA. Daniel .L Edgerton. P.E. A. Rldt Schmidt. PE Dale A. Grove. P.E. Philip J. Caswell. P.E Mark D. Wallis, PE. Mlles B. Jensen, P.E. L Phillip Gravel, PE Karen L. Wlemerl, IE Gary O. KristotlU. P.E. ,rias K. Gage. P.F. F. Todd Foster. PE Keith R. Yapp. PE Douglas J. Bermolt P.E. Shawn 0. Gu saloon. P.E. Cedllo Olivier. PE Kent J. Wagner. FE Paul G. Heuer. PE. John P. Gander. P.E. Dan 0. Boylan, PE Jet trey J. Ehleringer. RE Joseph R. Rhein, PE Lee M. Mann. PE Charles A. Eidson Leo M. Pawelsky Harlan M. Olson Agnes M. Ring James F. Engelhardt Bids were opened for the Coachman Water Treatment Plant Painting Project on Thursday, November 2, 1995. Transmitted herewith are six (6) copies of the bid tabulation for your information and file. For budgetary reasons, the project was divided into four (4) separate areas to be bid upon. The City's budget for this project is $15,000 from the 1995 fiscal year and $15,000 from the proposed 1996 fiscal year. ' Award of the project can be made upon any one (1),.or all four (4) project areas. The engineer's estimate for all four (4) areas of the project was $58,900. Alternates to the base bid work were requested for reductions in surface preparation efforts in two (2) areas [Areas 1 & 3] and the addition of an accent stripe in another area [Area 2]. The following summarizes the results of the low five of eight base bids received: #1 #2 #3 #4 #5 Central Sandblasting Co., Inc. TMI Coatings, Inc. Allied Painting & Renovating, Inc. Swanson & Youngdale, Inc. LeadCon, Inc. $47,673.00 $48,350.00 $51,100.00 $59,200.00 $74,600.00 The low bidder on the project was Central Sandblasting Co., Inc. with a Base Bid of $47,673.00. Due to the limited budget set up for this project, it is recommended that the City award only the Base Bid consisting of Areas 1, 3 and 4 of Part 1. It is recommended that the City not award Part 1, Area 2 of the - Base Bid nor any portion of Part II - Alternate Bids. Therefore, based on the information contained in the Bid Tabulation, the award should go to TMI Coatings, Inc. for the adjusted Base Bid amount of $28,350.00. These bids have been reviewed and found to be in order. We are therefore recommending that the City award this project to TMI Coatings. Inc. The following summarizes the results of the recommended adjusted scope. Low #2 #3 #4 #5 TMI Coatings, Inc. Allied Painting & Renovating, Inc. Central Sandblasting Co., Inc. Swanson & Youngdale, Inc. LeadCon, Inc. sS $28,350.00 $33,800.00 $36,003.00 $38,000.00 $57,600.00 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 City of Eagan Honorable Mayor and City Council Members Page 2 Should you have any questions, please Teel free to contact me at 636-4600. Yours very truly, BONESTR& ASSOCIATES, INC. MBJ:rb 51Q November 2, 1995 Agenda Information Memo November 6, 1995 N. SNOW REMOVAL CONTRACT Y ACTION TO BE CONSIDERED: To approve a snow removal contract with Gallagher's for snow removal services for the 1995-96 season and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Bill Gallagher, of Gallagher's, has recently provided a private contractual snow removal service for the City of Eagan in the eastern portions of our community. • The renewable contract, with no change from the previous year's rate, is being presented to the Council for their approval. ATTACHMENTS: • Staff recommendation memo, page 51. MEMO TO: TOM COLBERT, DIRECTOR OF PUBLIC WORKS FROM: ARN[E ERHART, SUPT OF STREETS AND EQUIPMENT DATE: OCTOBER 24, 1995 SUBJECT: CONTRACTUAL SNOW PLOWING - 1994/95 SEASON 1 In the fall of 1994 we awarded the snow plowing contract to Bill Gallagher for two loaders at $82.50 per hour, plus $5.00 per hour with plow for each unit, and one single axle truck with plow at $60.00 per hour. During the 1994/95 snow season we contracted plowing a portion of the city seven times and received excellent results. I have contacted Bill Gallagher and he is agreeable to renewing this contact for the 1995/96 snow season at the same unit rates as last season. Because this contact route has many cul-de-sacs, I requested one more loader be utilized to provide the same level of service as the rest of the city. In order to ensure a quick response to our needs, he will continue to store the loaders at our Maintenance Facility through the winter. Recommendation I recommend the city renew the contract with Bill Gallaher for the 1995/96 snow season at the same unit rates as last season in the amount of $60.00 an hour for a single axle dump truck with plow and sander, $87.:50 per hour for each loader with plow, and $82.50 for a loader only. k4,1>e- Arnie Erhart Superintendent of Streets and Equipment AE/nab Attachments 1:119blealben.298 Agenda Information Memo November 6, 1995 Eagan City Council Meeting 9. AWARD CONTRACT, FACILITIES SYSTEMS INC LANDSCAPE PARTITIONS ACTION TO BE CONSIDERED: To waive the quotation policy requirement for landscape screens and to award separate contracts to Facilities Systems in the amount of S12,859.50 and $24,816.15 for landscape screens and systems furniture. FACTS: • Staff has maximized the reuse of existing furnishings and landscape screens to meet layout requirements. Staff has identified landscape screen and partial furniture requirements outlined in two separate specifications. For reasons outlined in the enclosure, staff is recommending"that the City's policy for at least two quotations be waived in this regard and that the contract for the equipment be awarded to Facilities Systems Incorporated. ATTACHMENTS: • Staff memorandum on pages l,pOthrough MEMO _city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: OCTOBER 31, 1995 SUBJECT: AWARID CONTRACT - FACILITIES SYSTEMS INC. LANDSCAPE PARTITITIONS At the Council's direction, staff has made maximum use of existing equipment for the furnishing of the remodeled City Hall. The Furniture and Steering Committees have also made extensive use of the used and reconditioned furniture market for items that were essential to the use of the new space (used tables for the the new conference rooms as an example). These purchases have been minimal to date, totalling $21,400 of the $208,000 budgeted for furnishings. As the departments finalized their floorplans for the return to City Hall, each identified the need for additional landscape screens to complete their layouts. While several alternatives were explored, the best alternative is to utilize the existing •screens for positions at the perinneter of the building and to purchase additional screens for the areas closest to the front counters. At the same time, MIS Coordinator Peterson recommended that the City incorporate ergonomic considerations in any furniture purchases due to the rising incidence of repetitive motion injuries in the workplace. The positions nearest the front counters are those most prone to repetitive motion injuries. She indicated that various types of systems furniture are preferred because they allow components to be interchanged and mounted at optimum heights for individual workers. The Parks and Recreation Department was equipped with Herman -Miller systems furniture several years ago which Kristi says responds to the ergonomic concerns identified. It was determined that it would be best from the standpoint of interchangeability and consistency of finish if Herman -Miller or a comparable panel system could be purchased for the areas by the front counters. This would allow the City to move toward systems furniture in the future rather than continue to purchase traditional furniture. Staff explored costs of systems furniture and found that Facilities Systems Inc. still honors its state contract bicl price discount of 70% off of list price for Herman -Miller components. It offers the advantage of a new product warranty and is price competitive with comparable used, reconditioned equipment. It was discovered that Facilities Systems is the only supplier of Herman -Miller in the area. Staff solicited separate quotations from the company to fill out the Parks and Recreation floor plan and to furnish panels where they were short in the other departments. The Parks and Recreation quotation was $12,859.50 and the quotation for panels in the other identified areas was $24,816.15. At this amount, City policy typically calls for at least two quotations, unless an item has already been bid through a cooperative bidding process. Staff is recommending that the Council waive the requirement in this case and award contracts to Facilities Systems based on the quotations because: 1. It is desireabie to have a system which is interchangeable and consistent so that potential future rearrangements of space can use components from all departments. The City already has a significant investment in Herman - Miller equipment which meets the ergonomic needs identified by the MIS Coordinator. Other systems furniture suppliers have indicated that panels from different companies cannot be connected or interchanged. 2. Facilities Systems/Herman-Miller formerly held the State contract for landscape screens and systems furniture and continues to honor the 70% discount price from that contract. The price offered is competitive with reconditioned systems identified. 3. Facilities Systems is the only supplier of Herman -Miller in the Twin Cities area. If you have any questions or require additional background please let me know. ACTION REQUESTED OF THE COUNCIL: To waive the requirement for two quotations for systems furniture and landscape screens for the City Hall remodeling and to award contracts in the amount of $12,859.50 and $24,816.15 to Facilities Systems, Inc. as presented. Assi ity Administrator Agenda Information Memo November 6, 1995 Eagan City Council Meeting P. EASTER LUTHERAN CHURCH: COMPREHENSIVE PLAN AMENDMENT 8; PRELIMINARY PLANNED DEVELOPMENT ACTION TO BE CONSIDERED: To approve a resolution amending the Eagan Comprehensive Guide Plan from D -I Single Family Residential to PF, Public Facility to allow the development of a 79,000 s.f church facility on the northwest comer of Pilot Knob and Cliff Roads for Easter Lutheran Church. . NOTE: The Prelimary Planned Development will be brought to the City Council for approval at a future meeting. FACTS: • Easter Lutheran Church is requesting a Comprehensive Plan Amendment and a Preliminary Planned Development to allow the development of a 79,000 square foot church at the northwest, comer of the intersection of Cliff Road and Pilot Knob Road. • On August 22, 1995, the APC conducted a public hearing on this Comprehensive Guide Plan amendment/Preliminary Planned Development and recommended approval to the City Council. • On September 19, 1995, the City Council authorized transmittal of the amendment to the Metropolitan Council. • On October 18, 1995, the Metropolitan Council notified the City that the amendment has no potential) impact upon any of the metropolitan systems plans and that the City may place the amendment into effect. • It is now in order for the City Council to approve a resolution placing the comprehensive plan amendment into effect. The Preliminary Planned Development will be approved at a future City Council meeting. ATTACHMENTS Resolution amending the Eagan Comprehensive Plan - pages 63 through . Letter from Metropolitan Council - page/ 6 6, through RESOLUTION NO. 95- A RESOLUTION AMENDING THE EAGAN COMPREHENSIVE GUIDE PLAN WHEREAS, the City Council of the City of Eagan is the official governing body of the City of Eagan; and WHEREAS, the City Council of the City of Eagan adopted the Comprehensive Guide Plan on April 19, 1983, pursuant to the requirements of Minnesota Statutes, Section 473.864; and WHEREAS, Easter Lutheran Church has submitted an Application for an Amendment to the Comprehensive Guide Plan for the land shown on Exhibit "A" attached hereto located on the northwest corner of Cliff Road and Pilot Knob Road changing the land use designation of the subject property from D -I, Single Family Residential to PF, Public Facilities; and WHEREAS, a public hearing was held by the Advisory Planning Commission of the City of Eagan on August 22, 1995 at which time the Advisory Planning Commission recommended approval of the Amendment to the Comprehensive Guide Plan; and WHEREAS, on September 19, 1995 the City Council of the City of Eagan approved the Amendment to the Comprehensive Guide Plan on approximately 15.09 acres changing the land use designation from D- I, Single Family to PF, Public Facilities subject to the approval of the Metropolitan Council; and WHEREAS, the Metropolitan Council has determined that the Amendment to the Comprehensive Guide Plan for the land shown on Exhibit "A" attached hereto has no potential impact upon any of the metropolitan system plans and therefore the City may place the /03 Amendment into effect immediately; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA hereby adopts an Amendment to the Comprehensive Guide Plan changing the land use designation of approximately 15.09 acres of land as shown on Exhibit "A" attached hereto from D-I, Single Family to PF, Public Facilities. THIS RESOLUTION passed this day of , 1995 by the City Council of the City of Eagan, Minnesota. ATTEST: BY: E.J. VanOverbeke, City Clerk Thomas A. Egan, Mayor s , r COMPREHENSIVE GUIDE PLAN AMENDMENT DATE: OCTOBER 2, 1995 1, L / o tri 1 'ao 4 NAME OF AMENDMENT: EASTER LUTHERAN CHURCH LOCATION: NW CORNER OF PILOT KNOB RD & CLIFF RD INTERSECTION AMENDMENT DESCRIPTION: Land Use Deslgnatlon Change rEg FROM: D -I SINGLE FAMILY RESIDENTIAL (0-3 U/A) TO: PF - PUBLIC FACILITY Total area Involved In change:15.09 ACRES NOTES: 79,000 S.F. CHURCH FACILITY 'a4 i av1Y 5313 I�ST*4 AYN LIJ 2 .Jay ^ .r N1* vs YFY N , ., W /. a Ja �t- [► SID ' ) • Q1 kiai I 1 - ` c r LIN 7.3 {"i«i V 2 u_ 3 < Jo< as � W :` v, x 0' a _ 4. ` IEr 1.• V, GD J) h s ' 4. )- d v n.~' 3� , 1�WH a• d �d r � ' �3a ZZ O 2< u.,_, . � _ . �'�� Y YFjyzUl • i* R. !O LANCASTEF Q !r I X41 �ycc ? a $ ._, Nn ik L- '' • • to 1/4,4 jU15 .Cr I " `Ac , 'a0 AN •a. avrl S. 3 1L 1 ` Mk xvM . A oar 1 crlx -_ra. - =len U1 J Q . 1 _ G I �e CM W 4/4 x O ao 'QA z1. Hyo11 ;`• 11. J Z ld �l 4.p wrcE • )�G=Y l` 3, a WJ CURRE DTI SINGLE NI _J1 - .-M • 'E.R/ Q b' i N 1 300141• 2' vim 1 U 11.4 Metropolitan Council AA Working for the Region„ Planning for the Future October 18, 1995 Ms. Shannon Tyree City of Eagan 3830 Pilot Knob Road Eagan MN 55122 RECEIVED 0C'i 2 3 1995 RE: City of Eagan Plan Amendment Change in Land Use Designation on 15 acres from Single Family to Public Facilities (Easter Lutheran Church) • Metropolitan Council District 15 Metropolitan Council Referral File No. 161428-8 Dear Ms. Tyree: The Metropolitan Council staff has reviewed the city of Eagan's plan amendment received by the Council on October 3, 1995. The amendment proposes to change the land use designation on 15 acres of land from Single Family to Public Facilities for the Easter Lutheran Church. We have determined that the proposed amendment has no potential impact upon any of the metropolitan system plans. Therefore, the, city may place the amendment into effect immediately. Because the proposed amendment appears unlikely to affect policies and plans in other chapters of the Metropolitan Development Guide, the Council will waive further review and comment on this amendment. The amendment, explanatory materials supplied and the information submission form will be appended to the city's plan in the Council's files. This concludes the Council's review. Sincerely, Chuck Ballentine Director, Office of Local Assistance CB:ret cc: Kevin Howe, Metropolitan Council District -15 Lynda Voge, Metropolitan Council Staff Richard E. Thompson, Metropolitan Council Staff Ruth Ann Sobnosky, Mn DOT (c- 230 East Fifth Street St. Paul, Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/TIY 291-0904 Metro info Line 229-3780 An Equal Opportunity Employer Agenda Information Memo November 6, 1995 Q. FINAL SUBDIVISION, ICENNECA DEVELOPMENT There are some issues that still need to be resolved on this item. It will appear on a future agenda. (,7 ' Agenda Information Memo November 6, 1995 Eagan City Council Meeting R. FINAL SUBDIVISION - PRELIMINARY AND FINAL PLANNED DEVELOPMENT - EAGAN HEIGHTS TOWNHOMES ADDITION ACTIONS TO BE CONSIDERED: 1. To approve a Final Subdivsion (Eagan Heights Townhomes Addition) consisting of 15 lots and three outlots on 33.50 acres located north of Diffley Road, west of Cedar Avenue (T.H. 77) subject to conditions. 2. To approve a Preliminary Planned Development for 200 townhome units on 29 lots, an 18,000 s.f. neighborhood retail site, a 5,000 s.f. bank and a 5,000 s.f day care subject to conditions. 3. To approve a Final Planned Development for 90 Townhome units (Phase I) subject to conditions. FACTS: • Final plans, the development contract, and the planned development agreements have been reviewed and are in order. BACKGROUND/ATTACHMENTS: (1) Plat Map - page /Ssf`. d • . N 1 4,`.^;c1 Of 1 ° .; ^ 4 11,04 r ;�� J111eL, V� VA `Y 0 y• aV J:144, ,r re N ' d /.NY PY 11.R W 711 W I 19 M IMMO, t, �s n . , • Y %,,,1�C�,r-jAyi.�irr1- V) 11 P 0 9.114't I—S'11 ► W . tY 1jIrL i, 5 i� c' c r I! IIS: ,:I A. .4-1► fl I 1: s° I 0 s 31 it/i, c e 14 LI i` I 1...,,„ �,1, ,,n . ... �_.,.•s. ; N. �a.k . 1 a4 b 0 1 ckb0 6• ' • Or .1•' i g IV 1 , .'ySr��,y .11 3n. , 7 ' '1 '�" �j� i i i Ili . A�,'. il 1 rtlt " cam, ...�, .?.,, • n 1 Eri •• • • 11 • • Agenda Information Memo November 6, 1995 S. APPROVE 1995 GENERAL FUND BUDGET ADJUSTMENTS ACTION TO BE CONSIDERED: Approve 1995 General Fund budget adjustments. FACTS: • The City currently makes no effort to estimate donations, certain transfers and other similar types of revenue sources. ■ Certain City Council actions such as acceptance of the "Clinton Cop" require a formal budget amendment. • There are currently 11 adjustments proposed to be incorporated into the budget. ATTACHMENTS: Staff memorandum, pages �% / thru 7.j . MEMO city of eagan TO: Gene VanOverbeke, Finance Director/City CI FROM: Tom Pepper, Assistant Finance Director DATE: October 18,1995 SUBJECT: 1995 Budget Adjustments The following 1995 budget adjustments should be considered for approval by the City Council: Increase/ Line Item Description (Decrease) 1) 41)0C -Police Sal/Benefits (Adm Asst) (13,600) 41XX-Police SaI/Benefits (Patrol Sgt) (45,500) 4580 -Police Mobile Equipment 17,300 4570 -Police Other Equipment 24,000 4226 -Police Public Safety Supplies 1,000 4715-Unalloc Contingency 16,800 This adjustment reflects the Police dept. utilizing savings from two unfilled positions to purchase and equip one squad. The excess savings of 16,800 will go to increase the contingency. 2) 4130 -MIS SaI/Benefits (MIS Intern) 4,600 4715-Unalloc Contingency (4,600) This adjustment reflects the total salary and benefits for the MIS intern to be funded by the contingency budget. 3) 4450 -Streets Contr. Svc. (Sealcoating) 43,000 . 4715-Unalloc Contingency (43,000) This adjustment reflects the purchase of sealcoating materials in early -1995. You will recall that we did not utilize any of the 1994 sealcoating budget of 43,000, but purchased materials in early -1995 in lieu thereof. Funding is via the contingency budget. 4) 41)0C -Police SaI/Benefits ('Clinton Cop") 25,300 3310 -Police Federal Grants 25,300 This adjustment reflects the 1995 portion of the three-year"Clinton Cop" grant. !t appears the federal government will cover the entire 1995 portion of the City's expense; the City's match will begin in 1996. Total expense for the three-year period will be 161,300; the total grant for the period is 75,000. 5) 41XX-Police Sal/benefits 11,000 4211 -Police • Office Print Mat 100 4226 -Police Public Safety Supplies 400 4310 -Police Professional Svc 200 4338 -Police Cellular Phone Svc 200 4411 -Police Training 700 3340 -Police State Grant 12,600 This adjustment reflects the Multi Crime Free Housing Grant and the planned expenditures related to it. 6) 4530 -Forestry Other Improvements 300 3850 -Forestry Contributions 300 This adjustment reflects a donation of 350 from the Valley Viewers 4-H Club for landscape materials at Rahn Park. 7) 4560 -Forestry Other Equipment • 4456 -Forestry Tree Removal 2,400 (2,400) This adjustment reflects the Forestry Dept's purchase of a PC to use in connection with the MnDNR Urban and Community Challenge Grant (boulevard tree inventory). A surplus in the tree removal line item is anticipated due to a lower-than-expected incidence of diseased elms and oaks on public grounds. 8) 4410 -Parks Misc. (July 4 fireworks) 8,500 3850 -Parks Contributions 5,000 4715-Unalloc Contingency (3,500) This adjustment reflects the increase in the City's expenditure for the Fourth of July fireworks display from 1,500 to 10,000, as well as the offsetting 5,000 donation from the Lion's Club. The difference is funded by contingency. 7d- 9) 4439 -Com Dev Econ Develop Activity 5,000 3650 -Com Dev Contributions 5,000 This adjustment reflects a grant from Dakota Electric in early -1995 to be used for the purpose of economic development. 10) 41XX-Forestry Salaries—Temp 5,000 3310 -Forestry Fed Grants 5,000 This adjustment reflects the USFS/MnDNR Forestry Challenge Grant for the boulevard tree inventory program. 11) 4580 -Fire Mobile Equipment 32,600 3850 -Fire Contributions 32,600 This adjustment reflects the purchase of the fire safety trailer from donations. Summary The net effect of these adjustments is to increase the 1995 General Fund expenditure budget (excluding contingency) by 120,100, from 14,067,200 to 14,187,300. These expenditures are funded as follows: Contributions/grants 85,800 Contingency 34,300 • 120,100 The contingency budget is thereby.reduced from 198,200 to 163,900. \95budadj.mem Agenda Information Memo November 6, 1995 Eagan City Council Meeting ) APPROVE CONTRACT FOR FIRE PUMPER ACTION TO BE CONSIDERED: To accept bids and award the contract for replacement of fire pumper unit 5 to General Safety Equipment Corporation in the amount of $199,380. FACTS: • The Fire Department had scheduled replacement of fire pumper number 5 for 1995. Following a bid opening on September 29, which exceeded the budget allocation, the Fire Department modified the specifications and rebid the item. New bids were open on October 27. The Fire Department is recommending award of bid as indicated. ATTACHMENTS: • Staff memorandum on pages 7‹. -"through 77. MEMO city of eagan DATE: November 1, 1995 TO: Tom Hedges, City Administrator FROM: Dale Nelson, Fire Chief Craig Jensen, Battalion Chief SUBJECT: Pumper Replacement Bid The Eagan Fire Department Truck Committee reviewed the bids of September 29, 1995 for the Unit 5 replacement pumper. Upon review of the bids, it was determined that General Safety was over the-budgeted amount with an approximate bid of $213,000, and 3D Manufacturing, Inc. was under the budgeted amount however, did not meet our specs. It was agreed upon by the Truck Committee to re- evaluate our specs, change some of the specs to options /alternates, and advertise for re -bid. The following is a list of the changes made for re -bid: 1. Extend delivery date from January 1, 1995 to April 1, 1995. 2. Arrow Stick changed from a "spec" to an "option ". 3. Super Vac light tower changed from a "spec" to an "option ". 4. A Safe Scene Top- Mount /Side -Mount Pump Operator's Panel changed from a "spec" to an "option ". 5. Air Operated Valve changed to a Manual Operated Valve. On • October 29, 1995, the Truck Committee reviewed the new bids reflecting the above - referenced changes which were opened on October 27, 1995. After review, the Truck Committee recommends awarding the bid to General Safety for the reasons stated in the attached memorandum dated October 31, 1995 from the Eagan Fire Department Truck Committee. ,The Eagan Fire Department's Equipment Revolving Fund reflects a balance of $210,000 for replacement apparatus. General Safety's bid of $199,380 falls within our budgeted amount. Please include this information with the upcoming Council Packet as it is on the Celt-sent Agenda for November 6, 1995. CJ /DN /kmk cc: Truck Committee eagan fire department MEMO DATE: October 31, 1995 TO: Craig Jensen, Battalion Chief FROM: Mike Scott, Truck Committee Chairperson SUBJECT: Unit 5 :Pumper Replacement The Truck Committee met on Sunday, October, 29, 1995 to evaluate the two specifications the City received for the proposed pumper replacement for Unit 5. The committee is recommending that the Fire Department award the bid to General Safety Equipment Corporation. General's bid was $191.00 more expensive than 3D Manufacturing, but due to the attached list of exceptions that 3D has made, we feel that General's specifications are in the best interest of the City. BID AMOUNTS General $199,980 Less air operated valve - 600 (see options) $199,380 3D $199,334 Less air operated valve - _195 (see options) $199,139 We are also requesting that the arrow stick option be included in the General bid for the amount of $570.00. This would bring the total bid nin rtt fir +l,A ( neral pumper to $199,950. 1. 3D failed to specify a stainless steel subframe as specified in our specifications which the Eagan Fire Department has had done on all pumpers since 1988. Prior pumpers that have not had a stainless steel subframe have had a major corrosion problem (reference page 31). 2. .)U tailed to specify a "bolted" construction body. The Fagan Fire Department has had ar, all bolted construction pumper since the first new pumper bought in 1965. This allows the compartment walls, tops, backsides and floors to be easily unbolted from one another in case of an accident or refurbishment of the apparatus (reference page 33). 3. 3D failed to provide foam lining in the compartment doors (reference page 40). 4. 3D is using a lighter gauge of metal (14 gauge) in the construction of the compartment doors (reference page 39). 5. 3D failed to provide the specified type of door latching system (reference page 40). 6. 3D failed to specify 2" wide construction compartment doors -they are proposing 1. 5/8" (reference page 40). 7. 3D failed to provide a water - cooled Honda generator. They are proposing an air - cooled Honda (reference page 51). 8. 3D is proposing recessed rear steps which does not match our specifications or current apparatus (reference page 44). 9. 3D specified the air bottle storage rack in the right rear compartment as opposed to the compartment above the right side rear wheels as specified. (The right rear compartment is reserved for hurst tool storage.) (reference page 44). 10. 3D specification compartment sizes did not match those specified (reference page 37). 11. 3D failed to provide stainless steel rollers on the crosslay hose bed as specified (reference page 35). MS/kmk cc: Dale Nelson, Fire Chief Agenda Information Memo November 6, 1995 Eagan City Council Meeting U. JOINT CABLE COMMISSION RECOMMENDATION PASS THROUGH OF PEG ACCESS FEE ACTION TO BE CONSIDERED: To approve the Cable Commission recommendation regarding the pass through of the public - educational- government PEG access fee. FACTS: The Cable Commission has discussed the issue of PEG access funding several times in the past and most recently in the context of rate settlement discussions. For reasons outlined in the enclosure, the commission has unanimously recommended that the member cities enter into a memorandum of understanding in connection with the cable franchise which would permit the company to begin implementation of a PEG fee in exchange for which the company, will guarantee that such fees will be dedicated to the provision of PEG access for at least 15 years at the time of franchise renewal. • Under current federal cable law, the company will be permitted to do this anyway upon franchise renewal in 1998. The company is offering to guarantee provision of access funding in exchange for the opportunity to implement the fee approximately two years early. ATTACHMENTS: Staff memorandum on pages 7tthrough M E M O TO: FROM: DATE: SUBJECT: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN CABLE COORDINATOR REARDON NOVEMBER 1, 1995 JOINT CABLE COMMISSION RECOMMENDATION: PASS- THROUGH OF PEG ACCESS FEB PEG ACCESS FEE PASS- THROUGH DEFINITION The practice of a pass- through of public access operation's expense to the cable subscribers has been implemented in a myriad of localities nationally, including numerous ones in the Twin City area. In essence, the cable companies assess a monthly fee from th subscribers to cover the support, operations and provision of Public, Educational and Government access in the system. The fee is then provided to the party responsible for the public access operations. In Burnsville /Eagan's case, Meredith Cable would currently retain the fee. GENERAL HISTORICAL BACKGROUND The PEG access fee pass- through (PEG fee) was first initiated by Meredith Cable in its original 1993 rate filings with the North Suburban, Quad Cities, Columbia Heights and Ramsey /Washington cable commissions. The commissions and company differed in their interpretation of allowing a pass- through of PEG access expense for previously imposed franchise obligations. As a result, discussions began in 1994 concerning "rate settlements ", which included several it ms in addition to the PEG fee. Subsequently, these four commissions and Meredith have executed Memorandums of Understanding (MOU) on these issues, including the pass- through of a PEG access fee to the subscribers. In April, the North Central Cable Commission (NCCC) allow d Meredith to start assessing the PEG fee when the NCCC became involved in public access transfer discussions. The NCCC anticipated the PEG fee funds would be received by Meredith to run access until such time that the NCCC took over public access operations. This left the Burnsville /Eagan franchise area as Meredith's only system to not reach accord on the "rate settlement" issues. BURNSVILLE /EAGAN HISTORICAL BACKGROUND As part of Meredith's 1994 proposed rate settlement discussions, Meredith proposed to the BECCC that it would extend its commitment to fund and /or operate public acc ss for an additional 15 years 1 19 b yond the current franchise, provid d it could pass- through a PEG access fee of approximately $1 starting in July, 1994. The Commission rejected this proposal initially, but requested the Executive Committee and staff to further review and discuss the rate settlement issues, including the PEG fee. In May, 1995, Meredith indicated that after the franchise is r newed (1998), it will only continue to fund and /or operate PEG access through the implementation of a pass - through of the PEG access expense, and in lieu of that, the PEG access expense would b deducted from the Cities' franchise fees. In either situation, the company would no longer contribute more than 5% of its gross revenues to support both PEG access and franchise fees. The company asserts that this is allowed per the 1992 Cable Act. The Commission's legal counsel concurs with this interpretation. At the Commission's May meeting, the Commission addressed Meredith's intentions regarding the PEG access fee pass- through. The public access transfer issue was included with the PEG fee discussion. The Commission discussed whether to allow the implementation of the PEG fee with the July 1 rate adjustment, with the understanding that if it was later determined that the public access transfer would not happen then the PEG fee would be removed and refunds made to the subscribers. The Commission did not reach a conclusion on the PEG fee issue, but instead requested staff to research issues involving the public access transfer. In September, staff became aware that Meredith was negotiating an ownership transfer of the cable system to Continental Cablevision. Nationally, as well as locally in St. Paul, Continental has not appeared to support PEG access as does Meredith. With one of the main issues of franchise renewals customarily being PEG access support, staff determined it may be more difficult, or impossible, to negotiate PEG access renewal issues with Continental. As such, staff recognized that the Commission had the responsibility to address the issue of the PEG access fee before a sale is executed. The Commission considered the PEG fee issue at its October 26 meeting. PEG FEE ISSUES Th following is a summary of the PEG fee issues discussed. Meredith has indicated that it will not continue to fund public access after renewal as it currently does. Presently, Meredith provides both a 5% franchise fee and PEG support. Meredith's current annual PEG support is approximately $285,000. Absent the provision of a PEG fee after renewal, Meredith will contribute no more than 5% of its gross revenues to the 2 Cities. Any costs to operat public acc ss will b deducted from the 5% franchise fee. Under this scenario, and current public access operations, the Member Cities franchise fees could be reduced by approximately 50 %. • If Meredith is .allowed to implement the PEG fee on January 1, Meredith would contractually agree to continue the financial support of the public access operations as determined during renewal negotiations, up to an additional 15 years. The Member Cities' 5% franchise fee would remain unaffected. • Currently, as a requirement of the franchise, Meredith is required to provide full public access support through Year 15 of the franchise. Until two years ago, when rate regulation took effect, the expense of public access support was included within the subscriber's monthly bill. Rate regulation allow d for the itemization of public access support, but in Burnsville /Eagan's case, the subscriber was "grandfathered" (for lack of better legal terms) from having to pay such itemized support until renewal. • Meredith has provided an itemization of its current PEG expenses, approximately $285,000. If implemented, the 1996 PEG fee would be $.87 per month. This is based on the annual expense, divided by the estimated average amount of subscribers (27,500) in 1996. The amount of subscribers would proportionately affect the fee on annual basis. The proposed PEG fee is based strictly on costs directly related to Meredith's Burnsville /Eagan public access operations. It does not include the expense the Member Cities, Cable Commission or school districts incur as a result of providing /supporting public, educational and government programming. For the Cities /Commission the expenses are covered by franchise fees, while the schools are responsibl for their own funding arrangements. It was agreed that these costs should not be considered at this time, but may at a later date. According to the Commission's legal counsel, regardless of what happens now, the cable operator will be allowed to itemize the PEG fee on the subscriber's bill after renewal. As part of a cable ownership transfer, the contracts between the two parties normally prohibits either party from entering into any "side" or contractual agreements during the time of the sale analysis by the Commission. As such, the PEG fee MOU must be executed prior to the execution of the sales agreement between Meredith and Continental. It is assumed after the sale is completed, Continental will not favor the PEG fee. Therefore, as the sale announcement is imminent, the Member Cities should consider this item at their November 6 meetings. 3 `S) I • • • It is the practice of the Commission's legal couns 1 to divide his time equally among the commissions when working on 'a shared issue. In the event the PEG fee issue is differed until renewal discussions, the legal expense for PEG access negotiations would be borne completely by Burnsville /Eagan. This is because the other commissions have reached agreements. According to legal counsel, in renewal negotiations, PEG access support issues consume at least one -third of the process. In the other Meredith franchises, the commissions have factored in escalation increases in the PEG fee, and /or have the flexibility to adjust as necessary. Although not directly related to the PEG fee, but related to the rate settlement agreements, a windfall profits provision has been included in the other commissions' agreements which stipulates the subscribers receive a percentage of any "windfall profits" which - Meredith might receive as a result of the sale. The company has agreed to include the same provision in the Commission's PEG fee MOU agreement. There was a 'strong sentiment that the subscribers should receive the best value for their dollar, and therefore, the Commission should take more "ownership" in the PEG access operations. To ensure this, alternatives for public acc ss operations should be considered. As such, the issue of a public access transfer was discussed, but it was agreed that it should not be directly tied to these PEG fee discussions. As proposed, Meredith Cable would receive the PEG fee as the party responsible for PEG access operations. If transferred at a later date, that party would receive all PEG fee funds. The PEG fee would be appropriated to a special account at Meredith, subject to Commission review and audit. Although the Commission has been authorized by the Member Cities to administer all rate issues, and although the PEG fee is a rate issue, the Commission does not have the authority to enter into a contractual agreement without authorization from the Cities. Furthermore, as the MOU is directly tied to franchise obligations, it would appear that the Member Cities should execute the agreement and attach it to both the current and renewed franchises. CABLE COMMISSION'S RECOMMENDATION Although several Commissioners have not previously favored implementing the PEG fee prior to renewal, after consideration of 4 8a- th issues listed her in, all f the Commission rs.concurred that the preservation of public access in Burnsville /Eagan was paramount, and therefore the Commission unanimously recommended that: th Member Cities immediately enter into a contractual MOE agreement with Meredith Cable that would allow for th implementation of an $.87 PEG fee effective January 1, 1996, and that Meredith, and any subsequent cable operator, would continue to provide for public access as dictated by the current and renew d franchises for an additional 15 years. In addition, the MOU would include: annual adjustments based on the Consumer Price Index inflation factor; three escalation increases (proposed at $.20 increments) that could be implemented at the discretion,of the Commission, and; windfall profit language for the subscribers. ACTION TO BE CONSIDERED The Member Cities need to - consider the information and Cable Commission recommendation provided herein, and if in agreement, authorize the appropriate agent to execute the MOU as soon as possible. 5 Agenda Informtion Memo November 6, 1995 Eagan City Council Meeting V. APPROVE CONTRACT FOR WELL DRILLING. BLACKHAWK PARK ACTION TO BE CONSIDERED: To approve a contract for installation of a well at Blackhawk Park to Kimmes -Bauer Well Drilling Inc. in the Amount of $5,451. FACTS: • We will be proceeding with construction of a park shelter building at Black Hawk Park; there is no water service to this location. • Installation of a city water line from Riverton Avenue would cost approximately $22,200. • Reviewing cost alternatives, the conclusion of staff is that well water would be sufficient to provide for public service. Staff solicited quotes and received, in addition to the Kimmes -Bauer quotation, one from Maher Well Drilling in the amount of $6,741.80. • Well drilling activities can commence at any time upon approval by the City Council. • Funding for this construction cost will come from the Park Site Acquisition and Development Fund. .2/kv4 Agenda Information Memo November 6, 1995 Eagan City Council Meeting W. APPROVE CONTRACT FOR INSTALLATION OF SEPTIC SYSTEM IN BLACKHAWK PARK ACTION TO BE CONSIDERED: To approve the installation of a septic system at Blackhawk Park to Sauber Plumbing & Heating Co. in the amount of $8,900. FACTS: • Construction of a park shelter building /picnic pavillion at Black Hawk Park needs for septic services is necessary. • Cost for installation of a lift station and force main from the park to Riverton Avenue is estimated at $30,000. • The City has used a septic system at Thomas Lake Park successfully for the last five years and believes a similar system is adequate at Blackhawk Park. • Staff has solicited quotations from various contractors for this work and is recommending approval to award this contract to Sauber Plumbing & Heating Co. .2/14v5 Agenda Information Memo November 6, 1995 X. APPROVE FRAMING OF EQUIPMENT MAINTENANCE BUILDING LEXINGTON- DIFFLEY ATHLETIC FIELDS ACTION TO BE CONSIDERED: To award contract for base framing of a park maintenance facility at Lexington Diffley to Sussell Inc. in the amount of $ FACTS: • Part of the master planning process for Lexington Diffley Athletic Fields provided for an enclosed facility to house the irrigation equipment for the park as well as temporary storage and coverage �f related equipment for maintenance and care of the park. The intent of the City staff was to have this facility constructed by parks maintenance forces similar to that which was done at Northview Athletic Fields. However, because the work load carries the staff through 1995, we researched the concept of having a portion of the building constructed utilizing contractual services as was done with Clearwater Park. To this end, the staff solicited quotations and proposals from contractors to provide rough framing of the facility with the city forces performing the finishing work. • The building is approximately 32' x 32' in size. • The building will be similar in construction materials and detail as the existing telephone building now located on site and will be located approximately 12 feet to the northeast of this location. The building will house the irrigation equipment, controls, pumps, backflow preventer, etc. associated with the irrigation equipment as well as providing covered space for materials, supplies and equipment associated with the site. • Cost of the project has been contained within the CIP and is funded through the Park Site Acquisition and Development Fund. Lexington Diffley Park is intended to be placed in line for use during the 1996 softball and soccer season. • Parks Maintenance crews will finish the facility with the exception of some electrical and concrete masonry work incidental to the project. Agenda Information Memo November 6, 1995 Y. APPROVE PLANS AND SPECIFICATIONS, AUTHORIZE ADVERTISEMENT FOR BIDS FOR SCHWANZ LAKE WATER QUALITY IMPROVEMENTS ACTION TO BE CONSIDERED: To approve the plans and specifications prepared for the capital improvements phase of the Schwanz Lake Water Quality Improvement Project and to authorize advertisement for bids for the project. FACTS: This project will implement the capital improvements phase of the Schwanz Lake Water Quality Improvement Plan already approved by the Council. A public meeting was held on the proposed project and no adverse public comments were received. It is anticipated that bid opening will be on November 29 and that the Council will be requested to award the contract at its meeting on December Z. APPROVE AGREEMENT FOR ENGINEERING SERVICE MONTGOMERY WATSON, INC. ACTION TO BE CONSIDERED: To approve the Agreement between the City of Eagan and the consulting firm of Montgomery Watson, Inc. FACTS: Montgomery Watson was selected by the City as one of three consulting firms to provide consulting services in the environmental engineering field. Staff from the City Attorney's Office as well as Department of Parks and Recreation have reviewed the Agreement and recommend its approval. In the near term, the services of Montgomery Watson will be used to help implement the Fish Lake Management Plan. AA. APPROVE DAKOTA COUNTY SWCD URBAN COST SHARE GRANT CONTRACT ACTION TO BE CONSIDERED: To approve a contract between the City of Eagan and the Dakota County SWCD for expenditure of grant funds. FACTS: The City of Eagan has been awarded a $5,000 grant from the Dakota County SWCD to test a method for improving the pollutant removal efficiency of existing detention basins. Total project costs are estimated at $11,000 and the project will take two years. S7 Agenda Information Memo November 6, 1995 Eagan City Council Meeting BB. MASSAGE THERAPIST LICENSES, JENNY GAMER AND SANDRA BEYER ACTION TO BE CONSIDERED: To approve massage therapist licenses for Jenny Lea Garner for The Tropics and Sandra Beyer for Care Chiropractic Health and Resource Center. FACTS: • Applications have been received of Ms. Gamer and Ms. Beyer to provide therapeutic massage services at licensed facilities within the City of Eagan. The applications have been reviewed by staff and the Police Department and no reason has been identified to deny the licenses at this time. ATTACHMENTS: • The application forms are enclosed without page number. CC. ACCEPT RESIGNATIONS, CABLE COMMUNICATIONS COMMISSION AND AIRPORT RELATIONS COMMISSION ACTION TO BE CONSIDERED: To accept the resignations of Dave and Lois Monson from the Cable Communications Commission and the Airport Relations Commission respectively. FACTS: • Staff was contacted by David and Lois Monson who indicated they have moved to Fargo, North :Dakota and, as such, are resigning from the advisory commissions on which they served. ATTACHMENTS: • Resignation letters on pages d / throughq . 10/30/1995 14:44 7012989033 PAGE 02 Mayor Egan and City Council Members, Since 1 have moved from the community, please accept my resignation as member 15f the Eagan Cable Commission. Sincerely, Y.)1(NJA/44--v—.- David L. Monson R-97% g9 7012989033 10- 3'0 -95 02:45PM P002 #47 10/30/1995 14:44 7012989033 PAGE 03 Mayor Egan and City Council Members, First of all thank you for providing the opportunity for me to serve as a member of the Eagan Airport•Relations Commission. Since I have moved from the community, please accept my resignation. ncerely, rn ois Monso yn i 9oaoni_� 1n —ln —QS 02:45PM P003 #41 Agenda Information Memo November 6, 1995 DD. CONTRACT 93-GG. AUTUMN RIDGE 4TH ADDN ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 93 -GG (Autumn Ridge 4th Addition) and accept the improvements for perpetual City maintenance subject to appropriate warranty provisions. FACTS: • The installation of public streets and utilities as necessary to service the Autumn Ridge 4th Addition was installed privately by the developer under the terms and conditions of a development contract agreement. • The installation of these public utilities were inspected by representatives of the Public Works Department and found to be in conformance with the contract plans and specifications. • This contract is now being presented to the Council for their consideration of formal acknowledgment of completion and acceptance of the improvements for perpetual City maintenance subject to contractual warranty obligations. • Autumn Ridge is a 12 -lot single - family subdivision located east of Dodd Road and south of Pine Ridge Elementary School along Crimson Leaf Trail. Agenda Information :Memo November 6, 1995 Eagan City Council Meeting EE. DISPOSAL OF EXCESS POLICE DEPARTMENT PROPERTY ACTION TO BE CONSIDERED: To declare as surplus property ten police squad car visabars and to direct their disposal as appropriate. ATTACHMENTS: • Staff memorandum on page93 city of eagan police department PATRICK GEAGAN Chief of Police RICHARD SWANSON Captain Administration & Investigation JAMES SEWALD Captain Patrol 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN, MINNESOTA 55122 -1897 Mayor PHONE: (612) 681 -4700 TDD: (612) 454 -8535 PATRICIA AWADA FAX: (612) 681 -4738 SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members November 1, 1995 TO: Chief Patrick J. Geagan FROM: Jim Sewald, Administrative Captain SUBJECT: Excess Property THOMAS HEDGES City Administrator E. J. VAN OVERBEKE Ctty Clerk We have accumulated ten police visabars over the last several years that are no longer being used because they are outdated and worn. I would like to get permission to dispose of the property. Some of the visabars can probably be sold for parts, while others may be purchased by smaller departments that cannot afford new light bars. If we are lucky, we might receive about $100.00 each. With your approval, I would like to get council approval for the disposal of the visabars. C3 THE LONE OAK TREE ... THE SY EN TH AND GROWTH IN OUR COMMUNITY Equal Opp rtunity /AiflrmatIve Actl n Employ r Agenda Information Memo November 6, 1995 FF. PUBLIC WORKS COMMITTEE ACTION TO BE CONSIDERED: To receive the minutes of the Public Works Committee meetings of September 20 and October 17 and affirm its recommendations. FACTS: • Mr. Don Chapdelaine approached the City on behalf of Richard & Joseph Chapdelaine regarding previously levied trunk area storm sewer assessments under Project 381 in 1985 and potential future lateral and ponding storm sewer improvements required with the development of their property. • Their request to have previous assessments reduced proportionate to other properties who appealed their assessments or to credit an equivalent amount against potential future storm sewer was then forwarded to the Public Works Committee for review. • The Public Works Committee met on September 20 and again on October 17 to review this request. • At its October 17 meeting, the Chairman of the Public Works Committee directed their findings to be forwarded to the City Council for formal adoption on November 6. ATTACffi1IENTS: • Minutes of September 20 and Octo�gr 17 myeting, pages • Memo from City Attorney, pages 7q -- /O..2... PUBLIC WORKS COMMITTEE MEETING September 20, 1995 At 4:00 p.m. on Wednesday, September 20, 1995, the Public Works Committee convened at the Blackhawk Middle School. In attendance were Committee Chair Councilmember Ted Wachter, Councilmember Shawn Hunter, City Administrator Tom Hedges, Public Works Director Tom Colbert, and Assistant City Engineer Mke Foertsch. LEROY CHAPDELAINE - REVIEW DEVELOPMENT REQUIREMENT FOR STORM SEWER • . The LeRoy Chapdelaine property was represented by Mr. Don Chapdelaine and Mr. Martin DesLauriers. Mr. DesLaurier informed the Committee that a potential buyer for the property backed out of the acquisition after learning from the City that there would be storm sewer ponding and a lateral drainage system required to accommodate the development. Mr. DesLaurier then indicated that he researched City files to determine the extent of this new storm sewer requirement in relationship to previous storm sewer assessments. His first question related to the rationale for the property being assessed under Project 381 in 1984. Tom Colbert explained the details associated with that project, the assessable area and the assessments against the Chapdelaine property in question. Don Chapdelaine indicated he understood the explanation and then wanted to proceed with additional questions. Mr. DesLaurier then questioned the amount of the assessment in relationship to the project cost. Councilmember Hunter responded with an explanation regarding the uniformity of the City's Assessment Policy and its history. Tom Colbert added additional information explaining the difference between the trunk storm sewer system assessed under Project 381 and the lateral storm sewer system required with future development. Mr. DesLaurier then questioned why the Chapdelaine assessment wasn't reduced similar to the Borchert- Ingersoll and Gopher Smelting property. A general discussion followed regarding the special assessment appeal process associated with public improvements and the rationale of fairness and equity of applying a uniform rate to all similar classifications of property on a City -wide basis in lieu of adjusting rates specifically for individual drainage basins. Councilmember Hunter then requested the City Attorney to review the City's method of applying a uniform rate on a project -by- project basis and to comment on its appropriateness and legality. Don - Chapdelaine then submitted a proposal for the Committee's consideration of calculating what the assessment rate would be based on the construction costs for Project 381 and compare it to the assessment amount levied and credit the difference towards any future storm sewer lateral and ponding costs that may be required with future development. The Committee indicated it would take it under consideration and let Mr. Chapdelaine know of their position. DON KLEIN - REVIEW SANITARY SEWER AVAILABILITY OPTIONS Mr. Klein was present and explained the current condition of his onsite septic system and the history of problems he has had requiring him to hook up to the City's sewer system as soon as possible. Torn Colbert then reviewed the design options and cost estimates associated with extending lateral sanitary sewer to Mr. Klein's property and its possible extension southerly along the east side of Dodd Road to ultimately service the remaining large lot undeveloped agricultural properties in the immediate area. Mr. Klein indicated that after reviewing the costs associated with bringing sanitary sewer across Dodd Road and his potential assessment, he felt the quickest and most economical method would be to extend a long private sanitary sewer service from Witham Lane. Councilmember Wachter questioned whether this would allow the future subdivision of Mr. Klein's property to maximize development potential. Tom Colbert recommended that Mr. Klein provide a layout of his property identifying potential future lots so that Mr. Klein could locate his sewer service along a common lot line allowing maximum flexibility for future development- options. Mr. Wachter then sumrnarized the discussion indicating that Mr. Klein's proposed sewer service extension from Witham Lane was most practical but also expressed concern regarding providing sanitary sewer service to the remaining undeveloped properties to the south in a scheduled and timely manner. The Public Works Committee meeting then adjourned at 5:00 p.m. Respe submitted by birector of Public Works TAC/jj PUBLIC WORKS COMMITTEE MEETING . OCTOBER 17,1995 MINUTES The meeting of the Public Works Committee was convened at 4:15 PM at the Blackhawk Middle School. In attendance were Committee Chair Council Member Ted Wachter, Council Member Shawn Hunter, City Administrator Tom Hedges, Assistant City Administrator Jon Hohenstein, Director of Public Works Tom Colbert and City Attorney Tim Sheldon. RICHARD AND JOSEPH CHAPDELAINE - REQUEST FOR STORM SEWER ASSESSMENT ADJUSTMENT Richard and Joseph Chapdelaine were represented by Don Chapdelaine who provided a brief summary of the concerns and requests to be considered by the Public Works Committee. Don Chapdelaine Indicated that Joe and Richard had a basic lack of understanding of the City's special assessment policies and processes in the relationship between trunk area storm sewer assessments and future lateral and ponding storm sewer requirements. They were basically agricultural land holders who had no business interests in mind for the property at the time and had not retained legal services to represent them in regards to their final assessments for Project 381 in 1985. In response to council member Wachter's inquiry as to whether proposed pond would still be needed on the property with future development, Public Works Director, Colbert explained that there are several options available to handle the future increase run-off associated with development, of which ponding is one alternative. Colbert further explained that any reference to a pending assessment has been removed from the property to avoid further confusion. In response to council member Hunter's inquiry, Colbert responded that the City always uses pre- determined set special assessment rates for trunk area improvements. Hunter then further inquired as to whether this was legal. City Attorney Sheldon explained the special assessment law using a concept example of how accumulative projects of the City's comprehensive master plan support the City's overall set special assessment fee schedule for similar zoned property throughout the community. He further explained the relationship between special assessments under State Statute 429 and connection charges under Statute 444. In response to council member Hunter's inquiry as to what other cities employ this means of assessments and fee collections, Sheldon responded that Burnsville, Apple Valley, Rosemount and other similar cities presently do so Hunter then inquired as to whether any of those communities have been challenged for those methods employed. Sheldon sited the specifics of the Lakeville case (Crown Cork & Seal) where the City recovered court deleted special assessment fees through the connection fee process. • Council member Wachter then reviewed the special assessment levy and appeal process. With this project being ten years old, he reasoned that it would not be appropriate to open up the process for this request in fairness to all other property owners and recommended that no adjustment to the levied assessment be made as requested. Council member Hunter concurred with Wachter and.stated his belief that the City employs the perfect process which deals with appeals on a case by case basis at the time of the final assessment hearing. • Don Chapdelaine inquired about the connection fee process wondering if properties whose assessment had been reduced through the appeal process would receive a subsequent connection charge at the time of development. City attorney Sheldon indicated that he would research that question. Committee Chair Wachter then stated that the committee's recommendation would be forwarded to the City Council at their November 6th regular meeting. The committee then restated Mr. Chapdelaine's question wondering if a property has received less than a full assessment for trunk improvements, what would be the future connection charge. MUNICIPAL CENTER EXPANSION - MATERIAL GUARANTEE This discussion pertained to the color of the pre -cast sandstone bull nose trim for the Municipal Center expansion and remodeling project. Councilman Wachter opened the discussion by indicating that the color is still less than desired. City Administrator Hedges related discussions recently held with the Contractor and had reviewed various options with the City Attorney. The Contractor had reiterated his confidence that the color will match citing the company's past history of satisfactory work and their years of experience. Hedges then distributed a memo from the Assistant to the Administrator Hohenstein regarding the types of guarantee the City can expect from the Contractor. Council member Hunter questioned whether the guarantee would include full replacement at a later date. Hohenstein indicated that the guarantee would need further clarification reflecting the value of the product taking into account its remaining useful life at the time that the guarantee was to be enforced. Council member Wachter requested that additional information be provided when it becomes available. Hohenstein indicated that the first objective of the City is to achieve a satisfactory color match and the second objective will be to receive an adequate guarantee. There was no further discussion or action regarding this item. There being no other business to discuss, the Public Works Committee Meeting adjourned at 5 PM. Respectfully Submitted, Thomas A. Colbert, RE. Public Works Director TAC/lj WPwcws.sm 1 SENT BY: 612 432 3780 11- 2 -95 ; 4:12PM SEVERSON SHELDON-, 612 681 4300;# 2/ 5 .MEMORANDUM TO: Tom Colbert, Director of Public Works FROM: City Attorney's Office DATE: November 2, 1995 RE: Prior Assessments and Subsequent Utility Connection Charges Our rile No. 206 -7304 In accordance with your recent request, our office examined the issue of whether the City of Fagan may impose utility connection charges on land against which assessments have been previously levied for the construction of the utilities. Specifically, this office understands that this issue arises under-your department's consideration of the following hypothetical scenario: In 1990, a parcel of land was assessed a trunk area charge for sanitary sewer. In connection with an assessment appeal, the amount of the assessment was reduced to a lesser figure. A number of years later, that same property seeks a utility connection permit in order to hook-up to the sanitary sewer system. Based on the foregoing scenario, you requested an advisory opinion on the following issues: 1. Does the City have the authority to impose a connection charge on top of the prior assessment? 2. If so, what may the City impose as the connection charge: a. The current rate as sct forth by City Council resolution? b. The current rate as sct forth by City Council resolution, less the assessment previously paid? c. The difference between the property's original trunk area assessment and its actual proportionate cost of the trunk area improvement? The City has the authority to impose connection charges on property against which assessments for the utility improvements have.becn previously levied. Minn. Stat. §444.075, Subd. 3; Crown Cork & Seal Company. Inc. v. City of Lakeville, 313 N.W.2d 196 (Minn 1981); and Nordgren v. City of Maplewood. 326 N.W.2d 640 (Minn. 1982). q9 SENT BY: 612 432 3780 11- 2 -95 ; 4:12PM ; SEVERSON SHELDON-0 612 681 4300;# 3/ 5 Minn. Stat. §444.075, Subd. 3, grants to municipalities the authority to impose various sewer and water charges "[t]o pay for the construction, reconstruction, repair, enlargement, improvement, or other obtainment and the maintenance, operation and use..." of municipal Water and sewer facilities. As the Minnesota Supreme Court in Crown Cork explained: The statute speaks of three types of sewer and water charges; the City has the authority to impose "just and equitable charges for the use and for the availability of such facilities and for connections therewith * * *." 313 N.W.2d at 198 (emphasis not added). The Minnesota Supreme Court explicitly held that the City's discretionary authority to impose a use, availability and connection charge, either separately or a combination thereof, to finance municipal sewer and water facilities is clearly granted in §444.075, Subd. 3. The essential facts in Crown Cork are of significance to the issues presented in this memorandum. Tn 1992, Crown Cork purchase property in the Airlake Industrial Park in the City of Lakeville.. At the time of the purchase, the property was improved with an industrial building used for the assembly of mobile homes and was already serviced by city sewer and water.. The City project which brought sewer and water to the property had been fully assessed. The previous owners had connected to the municipal sewage and water facilities and paid assessments and connection charges for such hook -ups. In 1977, Crown Cork installed a canning manufacturing operation which required more water and produced more scwa,ge and in turn required the installation of larger service lines to be connected to the municipal facilities. The City of Lakeville levied a connection charge of $117,115.00. $45,200.00 of the connection charge represented the Metropolitan Waste Control Commission's SAC charges levied upon the City. The remaining portion of the connection charges, $102,215.00, constituted the City's own connection charge. The formula for calculating the City sewer and water connection charge was patterned after the Metropolitan Waste. Control Commission's formula for its SAC charge. Crown Cork argued that its property is exempt from connection charges because it has been previously assessed sewer and water unit charges. It was not disputed that the previous owner of the property paid four connection charges and the City credited Crown Cork for those four previous connection charges. The Supreme Court rejected Crown • Cork's argument that any portion of a connection charge which exceeds the actual cost of making or supervising the connection to the facility may only be "fixed by reference to the portion of the cost thereof which has been paid by assessment of the premises to be connected, in comparison with other premises * * *." The Court interpreted the above - quoted language from §444.075, Subd. 3, as merely setting forth "permissible methods of calculating connection charges, i.e. connection charges may be set by reference to the actual cost of connection as well as by reference to assessments paid by the connecting property, or, 'in the discretion of the governing body', 2 SENT BY= 612 432 3760 11- 2 -95 ; 4 :13PM SEVERSON SHELDON-. 612 681 4300 ;# 4/ 5 by any other method, as long as the connection charge is, in the language of the statute, just and equitable.' " 313 N.W.2d at 201 (emphasis not added); The Supreme Court concluded that its interpretation "allows local government maximum flexibility in financing municipal sewer and water services * * *." 313 N.W.2d at 201. One year after the Supreme Court's decision in Crown Cork, the Court reaffirmed its decision in Nordgren v. City of Maplewood, 326 N.W.2d 640 (Minn. 1982). In Nordgren, the City assessed the property owners undeveloped lots for water and sewer system improvements. The property owner appealed the assessments and the trial court reduced the assessments on three lots and voided the assessments on three others. The City did not appeal the trial court's decision and reduced the assessments accordingly. Subsequently, the property owner attempted to develop a lot and the City charged $4,202.00 as connection charges for hooking up to the water and sewer mains. When the City originally Levied its assessments, this lot was assessed in the amount of $6,914.00, which was entirely voided by the Court in the challenge to the assessment. The district court in Nordgren ordered the City to refund the cash connection charge to the property owner and held that the City was reimposing a charge already prohibited by the Court and thereby undermining the property owner's successful appeal of the assessment. The Minnesota Supreme Court, reversed the district count's order: The levying of the connection charge in this case is authorized by Minn. Stat. §444.075. * * * As we noted in Crown Cork, connection charges are not assessments and may be imposed on top of prior assessments. Thus, the City here could properly impose a connection charge on the land for which assessments were voided, so long as the charge is just and equitable as the statute requires. The April 1979 order voided assessments because there was no benefit to the land. Crown Cork held that the benefit to the land is not material to the different and separately authorized connection charge. Thus, imposition of a connection charge on land where assessments were voided is permissible when the landowners make connection with the improvements. 326 N.W.2d at 642 (emphasis added). The Court noted, however, that the imposition of a connection charge would be impermissible if it were imposed discriminatorily, or if the charge was not just and equitable. 326 N.W.2d at 642. Finally, it is noteworthy to point out the Court's observation that "without an ordinance or resolution showing adoption of a standard charge imposed for all connections for sewer and water services, it is impossible to ascertain whether the charge imposed varied from that imposed on others." 326 N.W.2d at 642. Thus, the formal enactment of either an ordinance or a resolution describing a connection charge is necessary. 326 N.W.2d at 642. 3 /b SENT By: 612 432 3780 11- 2 -95 ; 4:13PM ; SEVERSON SHELDON-. 612 681 4300;# 5/ 5 Applying the Minnesota Supreme Court's decision in Nordgren and Crown Cork the following may be concluded: 11. The City may impose a connection charge for property against with prior assessrnents for the utilities were levied; 2. The connection charge must not be imposed discriminatorily, i.e. the charge must also be levied against other similarly situated property owners; 3. The amount of the connection charge has no relation to the amount of benefit to the land as a result of the utility improvements and may be in excess of the actual benefit and the actual cost of connection; and 4. Connection charges may be determined by: (1) reference to the portion of the cost of connection which has been paid by assessment of the premises to be connected in comparison with other premises; (2) by reference to the actual cost of connection; -and (3) the cost of making or supervising the connection. SKH /wkt 4 /pJ- Agenda Information Memo November 6, 1995 Eagan City Council Meeting 426 . FINAL SUBDIVISION - FINAL PLANNED DEVELOPMENT SOLDERHOLM ADDITION ACTION TO BE CONSIDERED: 1. To approve a Final Subdivision (Solderholm Addition) consisting of 4 lots and one outlot on acres located north of Diffley Road, west of Lexington Avenue subject to conditions. 2. To approve a final Planned Development for Solderholm Planned Development subject to the conditions FACTS: ■ Final plans, development contract, and the Planned Development agreement have been reviewed and are in order. ISSUES: ► The Dakota County Plat Commission will be meeting on Monday, November 6, 1995 at approximately 9:30 a.m. to discuss the amount of right -of -way necessary along Lexington Avenue. The current Final Subdivision plans show 60' of dedicated public right -of -way and a 10' trail easement. The County Plat Commission will be deciding if the developer will be required to dedicate an additional 15' of 75' of half right -of -way. ► If the developer is required to dedicate an additional 15' for a right -of -way, it will be necessary to revise all of the development plans for Solderholm Addition and the Final Subdivision and Final Planned Development should not be approved. Staff will report on the status of this issue at the City Council meeting. BACKGROUND /ATTACHMENTS: (1) Plat Map, page (4. /o3 • 1. • 1 • 4' • • a tort / ▪ / — — NAV 8 •=e • 4, 1 .10 I_ • 1 MP, 0 sm4.m. AVM IA2LOVMX71 1 Nue ...Wm dn.. 1 Agenda Information Memo November 6, 1995 A. CERTIFICATION OF DELINQUENT UTILITY BILLS ACTION TO BE CONSIDERED: Close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County. FACTS: ■ The City is currently certifying delinquent utility bills semi - annually. • At the October 2 City Council meeting, a public hearing was set for November 6, 1995. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. • The assessments include a $25 assessment fee and interest at 7 %. They are payable in one installment in 1996. ATTACHMENTS: Proposed assessment roll, enclosed without page number. Agenda Information Memo November 6, 1995 B. CERTIFICATION OF DELINQUENT WEED CUTTING & FALSE ALARM BILLS ACTION TO BE CONSIDERED: Close the public hearing and approve the final assessment roll for delinquent weed cutting and false alarm bills a.nd authorize its certification to Dakota County. FACTS: ■ The City Code allows for collection through certification of weed cutting and false alarm bills which are not paid. ■ At the October 17 City Council meeting, a public hearing was set for November 6, 1995. ■ The delinquent weed bills include the invoice amount plus a $25 certification fee. • The delinquent false alarm bills are $75 per false alarm with a 10% penalty and a $25 certification fee. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS: Proposed assessment: roll, page /o 7 f GRAND TOTAL /SA • S/A # ' PROPERTY ID ce egay /26,v- 02 -NOV -1995 (08:42 S/A ASSESSED AMT ftted,C;4- 1OWEED 10- 16622 - 010 -00 10- 45092 - 200 -01 < * > GRAND TOTAL /SA S/A # PROPERTY ID $172.15 $81.45 $253.60* $253.60* eelt.) Aide.) firtr6i 02 -NOV -1995 (08:38 S/A ASSESSED AMT .(.� ALARMS 10- 13150 - 010 -01 10- 13520 - 010 -01 10- 16300 - 060 -01 10- 17153- 150 -01 10- 22500 - 020 -05 10- 77026- 020 -01 10- 77039 - 010 -01 10- 80220 - 010 -01 < * > 40 1 .. $107.50 $272.50 $107.50 $355.00 $107.50 - $272.50 $272.50 $107.50 $1,602.50* $1,602.50* (r)7 Agenda Information Memo November 6, 1995 C.. VACATE UTILITY EASEMENT - SODERHOLM ADDN ACTION TO BE CONSIDERED: To close the public hearing and approve the vacation of sanitary sewer easements as described, authorize the Mayor and City Clerk to execute all related documents subject to final subdivision approval by Council action and simultaneous recording with the final plat at Dakota County. FACTS: • On October 17, the City Council received a petition requesting the vacation of an existing sanitary sewer easement located within the proposed Soderholm Addition and scheduled a public hearing to be held on November 6, 1995. All notices have been published in the legal newspaper, sent to all potentially affected/interested utility companies and reviewed by City staff. As of this date, staff has not received any objections to the proposed vacation. • The easements being vacated were previously conveyed to the City of Eagan by separate document incorporating an existing sanitary sewer line. With the proposed subdivision and final platting of the Soderholm Addition, portions of this public easement are no longer necessary as the sanitary sewer line will revert to a private sewer service to be maintained privately. The remainder of the easement line will be rededicated with the final plat. ISSUES: • Due to the fact that the final plat has not yet been approved by Council action or recorded at Dakota County, the vacation should be contingent upon such approval and simultaneous recording with the final plat. ATTACHMENTS: • Location plan, page /0 . • Legal description an ketch, page /AO . • LJkf �1 MAM R CT. qp DE 7 a !NARK .E. WESCO WESCOTT ROAO OM CREEK a0 .A. :RW000 DRIVE CARTHY PATRICK EAGAN PARK NOR WVIEW NORTHVIEW PARK 21 (CO. RD. 30) (WELLY ROAO L. - EASTrR3-I �Rsisu CT.. D o o CARLSON -u s-- 'LO• CI" RD. nTr. N •: GOAT HILL PARK TRAPP FARA4 - 48PARK J VACATION SITE city of eagan PUBLIC WORKS DEPARTMEN SODERHOLM ADDITION UTILITY EASEMENT VACATION REQUEST approved: standard plate #: /DF 1 • . SODERHOLM ADDITION VACATION REQUEST ' DESCRIrTION TO VACATE UTILITY EASEMENTS IL ■ •• "f0 -Utility easement dated Apnl 30, 1987 filed July 2, 1987 as document #792373 located in: That pprt of the Southwest Quarter of the Southweit Quarter of Section 23, Township 27, Range 4 23, Dakota County, Minnesota , described as follows: ; The North 161.40 feet ofthe South 341.40 feet of the East 10.00 feet of the We 310.00 feet. . , also, Utility Eminent dated April 30,1987 filed July 2,1987 u document #292374 located in • That part ofthe South 590.40 feet of the West 300.00 feet ofthe Southwest Quarter of the Southwest Quarter of Section 23, Township 27, Range 23, Dakota County, Minnesota, described u follows: • , 1) The North 10.00 feet ofthe East 267.00 feet. 2) The Ea t 10.00 feet of the North 410.00 feet. 1 r .. - moo rag or me our somr. ir by two ar, orr pri. . ' • isarserser • J04201 'mg° .::::0::::lig:.it::::::::::::::::;•••:4;;:f•Vt.a.,:rmr:•:•:•:•:::.:waxeztv,,;................1::.; %..1 g ttE; a r StIrSliVer ••• . . • • 11411 . B L 0 C • • serseser 2 ?OLAF rasa um( aria arair.wilii 0 3 MN VIVI 12 — . a es agrJrseor cr.o 4 re 1 • 1/4.1,1 - 41$4 • •10 4.• sorrsyser • ft.t.4*".• * ........... _ ....... effe., . • ......... . DOC. 1792373 2 sersers••• NICO `.2 C.S•A.H. 140. 3( Agenda Information Memo November 6, 1995 Eagan City Council Meeting OLD BUSINESS A. ORDINANCE AMENDMENT - PUBLIC FACILITIES DISTRICT ACTION TO BE CONSIDERED: ► To approve or deny an Ordinance Amendment to Chapter 11, Section 11.20, Subd. 7, Public Facilities District, establishing minimum setback requirements. FACTS: ► Permitted uses allowed in the Public-Facilities zoning district include: public structures, parks, playgrounds, camping grounds, swimming pools, tennis courts, golf courses, churches, schools, and hospitals, provided any such purpose is not a commercial profit making enterprise. ► The existing setback requirements in the Public Facilities zoning district are open ended in that the setback is determined solely based on the height of the structure. The setback requirement is two feet of setback for each one foot of structure height. ► The maximum setback required for commercial retail (Community Shopping Center) is 50' from residential and agricultural land uses. The greatest setback required between land uses in the City Code is the 100' setback between industrial development and residential, public facility /park, and agricultural land. ► In light of the allowed uses within the Public Facility zoning district, the anticipated impact to surrounding land uses would not likely approach that of either retail shopping center or an industrial use. ► Therefore, the proposed ordinance amendment sets a minimum setback from 30' (to line up with adjacent residential) up to 50' at a rate of 2' setback for every 1' height. For example, a 12' high public building would require a 30' minimum setback. A 40' water tower would require a minimum 50' setback. ► At the regular meeting of October 24, 1995, the Advisory Planning Commission . recommended approval of this ordinance amendment. BACKGROUND/ATTACHMENTS: (3) APC minutes of October 24, 1995, page Draft Ordinance Amendment, pag9e 113. Staff Memo dated October 18, 1995, pages 1 ((1 through //j 11 I Page 18 October 24, 1995 ADVISORY PLANNING COMMISSION ORDINANCE AMENDMENT - PUBLIC FACILITIES DISTRICT Chairman Miller introduced the next discussion item to review revised language for recommendation to the City Council in regard to the public facility district ordinance Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in his memorandum to the Advisory Planning Commission dated October 18, 1995. Member Isberg moved, Member Carlson seconded, a motion to recommend approval of the proposed ordinance amendment subject to staffs refining of the ordinance language. All approved in favor. WORKSHOP SCHEDULE Chairman Miller noted the APC members' lack of attendance at the workshops and meetings, noting the City Council has expressed dissatisfaction with the members poor attendance at the workshops and meetings as well. The Commission members discussed the alternatives for dates and times of the workshops and the valuableness of the workshops. The Members concurred that the workshops were worth while and they will all make a commitment to attend those meetings. ADJOURNMENT Member Isberg moved, Member Wallace seconded, the motion to adjourn the October 24, 1995, Advisory Planning Commission meeting at 10:20 p.m. All present voted in favor. Secretary - Eagan Advisory Planning Commission ra R ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.20, REGARDING GENERAL PROVISIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 7, C, 2, to read as follows: Subd. 7. "P" Public Facilities District. C. Developments Within a Public Facilities District Shall Meet the Following Requirements: 2. very public facilities structure shall have a minimum setback from its lot or land area boundaries of 2 feet for each 1 foot in height of antennas. 2. Every public facilities structure shall have a minimum setback from its lot or land area boundaries of between 30 and 50 fe t. The minimum setback required shall be determined by using 2 feet of setback for each 1 foot in height of such structure, excluding steeples, ornaments or antennas. Section 2. Eagan City. Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation", and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: ((3 MEMO city of eagan TO: Chairman Miller and Advisory Planning Commission Members - FROM: . Mike Ridley, Senior Planner DATE: October 18, 1995 SUBJECT: October 1995 APC Agenda - Ordnance Amendment BACKGROUND -� Several months ago the City Council discussed setback requirements in the Public Facilities "P" District. The setback requirements for this district are 2 feet of setback for each 1 foot of structure height and the Council believed this requirement was too restrictive. A that time, Council directed staff to prepare an ordinance amendment that would allow the Council flexibility in determining setback requirements for the "P" Zoning District. An amendment allowing the Council to determine appropriate setbacks on a case by case basis was reviewed by the APC at their regular meeting of August 22, 1995, and tabled with direction given to staff to prepare an amendment that included specific criteria for the Council to use when determining setback requirements. REVIEW Permitted uses allowed in the "P" Zoning District include: Public structures, parks, playgrounds, camping grounds, swimming pools, tennis courts, golf courses, churches, schools, and hospitals, provided any such purpose is not a commercial profit making enterprise. Examples of the two most restrictive setback requirements found in the City Code include: (1) The maximum setback required between commercial retail (Community Shopping Center) and any other land use is-the 50' minimum setback required from residential and agricultural land uses, and (2) The greatest setback required between land uses is the 100' setback between industrial development and residential, public facility /park, and agricultural land. Regardless of the type or height of a public facility structure, the anticipated impact to surrounding land uses would not likely approach that of a retail shopping center and its affect on a residential or agricultural land use. PROPOSAL In Tight of the allowed uses within the "P" Zoning District and the review of other restrictive City Code setback requirements between different land uses, staff is proposing an amendment that provides a 30' minimum and 50' maximum setback standard to be added to the existing setback language for this Zoning District. /(f Agenda Information Memo November 6, 1995 Eagan City Council Meeting B. AUTHORIZE PARTICIPATION, RUNWAY 4/22 MEDIATION SURVEY ACTION TO BE CONSIDERED: To authorize City participation in the Runway 4/22 mediation survey and allocate funds from the budget contingency in an amount not to exceed $17,500. FACTS: • The City Council has previously discussed participation in a public survey in regard to the mediation of the Runway 4/22 Aircraft Noise Attenuation Program. The Council directed staff to return the item with a specific dollar amount prior to formal consideration. Since that time, staff has reviewed bids and the City's proportion of the survey costs. • All of the participants in the Runway 4/22 mediation including the cities of Minneapolis, Bloomington and Richfield and the Metropolitan Council and the Metropolitan Airports Commission have authorized participation up to $20,000. Unless the City of Eagan authorizes financial participation, it will no longer participate in the mediation and noise abatement process. • The mediation group is prepared to award the survey and analysis contract to BBN Systems and Technologies at a cost not to exceed $102,400. The City of Eagan's proportion of the share would be 1/6 of this amount. ATTACHMENTS: • Staff memorandum on pages /(7through f (ef. l� MEMO city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: NOVEMBER 2, 1995 SUBJECT: CONSIDERATION OF AUTHORIZATION FOR PARTICIPATION - RUNWAY 4/22 MEDIATION SURVEY BACKGROUND At the recommendation of the Airport Relations Commission, the City Council previously authorized staff to participate in the Runway 4/22 Mediation process. This is in consideration of the fact that the runway extension project anticipates that 40% of the traffic from 4/22 will be directed along two new headings which will increase the aircraft overflight impacts in western and southern Eagan, without reducing impacts in northern and eastern Eagan. The Commission expressed concerns that the results of a mediation not including Eagan would result in the maximum traffic being focused along those flight tracks as a means of relieving impacts on Minneapolis, Bloomington and Richfield. Since this spring, staff has actively participated in theJmediation process and.pursued the City's position. One of the proposed inputs to the mediation is a public information survey with cost participation from each of the four cities, the Metropolitan Council and the MAC. Based on preliminary estimates, each City participating in the mediation was asked to contribute up to $20,000 to the survey costs. The City Council directed staff to determine a specific dollar amount prior to a final consideration in this regard. The Mediation Group distributed an RFP and is prepared to award a contract to BBN Systems and Technologies in an amount not to exceed $102,400. Eagan's 1/6 share of this amount is approximately $17,500. The other cities and the two agencies have each approved participation up to $20,000. If participation is approved, staff would recommend that the allocation be made from the budget contingency. FIRM QUALIFICATIONS AND SURVEY CONTENT The proposed firm, BBN, has done extensive acoustics research and performed similar aircraft noise surveys for a number of communities, most recently Seattle- Tacoma. The principals have significant experience with respect to the effects of noise nuisance on sleep disturbance, activity interference, property values and other acoustics effects. Their surveys also provide baseline data against which to test results from the affected communities. /7 The survey itself would include questions regarding neighborhood characteristics and the nature and extent of current aircraft noise impacts and annoyance. The survey would also test the benefits of various types of aircraft noise abatement including changes in numbers of overflights and sound insulation. These would be stratified by city, housing type, actual noise level and other characteristics helpful in defining appropriate noise abatement strategies. The questionnaire is also anticipated to provide an opportunity for respondents to suggest alternatives or impacts which may not have been raised by the survey. The survey sample would consist of approximately 1,000 persons and would include between 150 and 200 Eagan residents. The survey would be conducted by telephone with a call -back protocol to maximize response and increase statistical significance. CONCLUSIONS While the City's share of the survey cost is significant, it presents an opportunity to gauge the attitudes of residents concerning a significant change in operations at the airport. While some attitudes rnay be intuitively anticipated, the survey would provide a level of statistical value to the conclusions it presents while permitting the communities participating to compare perceptions in a uniform manner. While it is not the primary focus of the survey, the results may also be instructive to the City in its positions on the Dual Track Airport Planning Process. If you have any questions in this regard, please let me know. Assistant to the City Administrator Agenda Information Memo November 6, 1995 Eagan City Council Meeting WiTIONYVA A. CONDITIONAL USE PERMIT - S. J. KNIGHT ACTION TO BE CONSIDERED: To approve or deny a Conditional Use Permit to allow a loading area within 300' of a residential district for a new 20,000 square foot building on Lot 6, Block 4, Eagandale Center Industrial Park, zoned Research and Development, located at 1335 Eagan Court subject to the seven conditions recommended by the Advisory Planning Commission. FACTS: ► PROFIT International is proposing to construct a 20,000 square foot Research and Development facility for the design and development of custom mounting brackets for cellular phones in vehicles. ► In an R &D district loading docks must be located at least 300' from a residentially owned district unless a Conditional Use Permit is granted to allow the dock closer to the residential area. ► The proposed loading area will be located on the north side of the building. The residential zone is located on the west side of the property. ► The dock will be screened by a natural change in grade. The loading area is approximately 9' lower than the west edge of the property. There will also be landscaping with Austrian and Scotch Pines to screen the west side of the building and the loading area from the residential area. ► The Advisory Planning Commission conducted a public hearing on this item at its regular meeting on October 24, 1995 and recommends approval of the Conditional Use Permit subject to the seven conditions in the staff report with the modification to Condition #5 to include berming along with the proposed trees on the west side of the building and loading area. ISSUES: ► The immediate neighbors to the west attended the Planning Commission meeting and voiced concern about the site being used as a dump in the past. They were generally pleased with the idea of the property developing, but were concerned about the proximity of the loading area to their property. ► Since the Planning Commission meeting, staff has further evaluated the site and believes that a berm is not necessary to provide adequate screening to the residential area given the significant grade change existing and the proposed landscaping. BACKGROUND /ATTACHMENTS (2) APC minutes of October 24, 1995, ages loco through IQ. Staff Report, pages through / /A MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA OCTOBER 24, 1995 PUBLIC HEARINGS CONDITIONAL USE PERMIT - S.J. Knight, LLC Chairman Miller opened the first public hearing of the evening regarding a Conditional Use Permit to allow a loading area within 300 feet of a residential district as part of a 20,000 square foot research and development/office building on 3.4 acres currently platted as Lot 6, Block 4, Eagandale Center Industrial Park located on Eagandale Court in the SW' /a of Section 11. Planner Harlicker introduced this item. Mr. Harlicker highlighted the information presented in the City staffs planning report dated October 17, 1995. Mr. Harlicker noted the background and history, the existing conditions and the surrounding uses of the subject property. Mr. Harlicker further outlined the City staffs evaluation of the applicant's request. Mr. Harlicker concluded that due to the expected limited amount of truck traffic and the screening provided along the west property line, the proposed r;.., loading area should not impact the adjacent residential zone and is compatible with the iy t :.: surrounding uses to the north, south and east. The owners of Pro -fit International, Jeff Page 2 October 24, 1995 ADVISORY PLANNING COMMISSION and Scott Knight, and Jack Shaw, the general contractor for the applicant, were present stated that they were open to any questions. A resident of 2935 Egan Avenue inquired as to why there is an issue for a conditional use permit when the proposed loading area is within 135 feet when there is a 300 -foot minimum Another resident adjacent to the west of the site, Dolly Johnson and her husband, were also present. Ms. Johnson stated she was concerned with the loading area because she was not certain where it was located. Planner Harlicker advised that it will not be facing the Johnsons' property, rather will be facing north toward the cul -de -sac. He further stated that all traffic will be moving away from their property. In response to Member Isberg's request, Planner Harlicker responded to the first resident's comment and stated that the 300 -foot measurement is not a prohibition to the use of a loading are but rather that if the use is within 300 feet of a residential zone, then a conditional use permit is required. Planner Harlicker further explained that the proposed loading area is 135 feet from the west property line and therefore within the 300 -foot standard which requires the conditional use permit. Member Wallace stated that he is reluctant to support the loading area if heavy truck traffic is anticipated. Member Wallace questioned the applicant as the future volume of truck traffic at the site. Jeff Knight stated that the company's experience is that it is only limited truck traffic, limited to almost only UPS delivery which is common to most residential homes in the City. Mr. Knight further stated that even as the company grows, the need for large truck shipment is not anticipated due to the size of its product. Chairman Miller inquired with the applicant with respect to their future plans for the site. Jeff Knight stated that it is their intent to make their primary residence as a business at the site. John Shaw, the applicant's general contractor presented to the Commission the site plan with respect to the proposed landscaping. The site plans showed the site line of the building with respect to the properties to the west with the young Austrian and Scotch Pines as screening and the sight line once the Pines mature. Mr. Shaw explained that currently the sight line allows visibility only of the top of the building from the properties to the west. Mr. Johnson expressed concern regarding the size of the business and also complained about the present state of the field between the buildings and the west property line. In response to Mr. Johnson's question, Chairman Miller explained what a conditional use permit is and clarified that the request is for a conditional use permit for a loading area, not for the principle use itself. Member Isberg stated that he would like to add a condition. which regulated the volume of truck traffic to the site. City Attorney Dougherty stated that the vehicular traffic is not the basis for a conditional use permit, but rather the location of the loading dock requires the conditional use permit. Member Isberg then suggested an added condition that there be, in addition to the plantin of Ines along the western line, that the applicant install berming to give addition sight noise barrier. /Qv Page 3 October 24, 1995 ADVISORY PLANNING COMMISSION Chairman Miller stated that he has no problems in supporting the request for the conditional use permit if the residents most effected by the proposed use have no concerns. Chairman Miller stated, however, that the residents appear to be reluctant about the use of a loading dock adjacent to their property. Member Isberg stated that he will support the request if the added condition for the berming is included in order to assure nominal intrusion on the adjacent residents. Member Carlson stated that she supports the proposed use because the natural grade of the site creates a natural berm, the applicant intends to plant pine trees for screening, clean-up the site, and that daily UPS delivery is not an intensive intrusion on the adjacent property owners. She concluded that the proposed use is light and minimal. She stated that she would support an added condition that the applicant install benning along the west property line. Member Isberg moved, Member Carlson seconded, a motion to recommend approval of a Conditional Use Permit to allow a loading area within 300 feet of a residential district as part of a 20,000 square foot research and development/office building on 3.4 acres currently platted as Lot 6, Block 4, Eagandale Center Industrial Park located on Eagandale Court in the SW1/4 of Section 11, subject to the following conditions: Site Plan 1 If outdoor storage of the trash container is proposed, details and elevations of the enclosure are required. They shall demonstrate that it is compatible and made of the same exterior material as the principal building. 2. This permit shall be recorded at Dakota County within 60 days of Council approval. 3. The driveway entrance shall be constructed with a concrete apron in accordance with City.standards. 4. The developer shall enter into an agreement with the City regarding implementation of proof of parking. 5. The landscaping, including berm as approved by the City, shall be installed as per Landscape Plan dated 9/20/95 and revised 10/6/95. 6. The area on the site plan shown as future expansion shall be reduced so that the building coverage of the proposed building and future expansion does not exceed 20% of the lot area. /aa Page 4 October 24, 1995 ADVISORY PLANNING COMMISSION • Gradin Storm Drainage 7. Catch basins shall be added at the entrance to handle runoff from the site before it flows onto Eagandale Court All approved in favor except Chairman Miller opposed taking into consideration the immediate adjacent residents to the proposed use who oppose the request. /a3 'PLANNING REPORT CITY OF EAGAN REPORT DATE: October 17,1995 CASE: 3- Cu- 25 -9 -95 APPLICANT: S. J. Knight HEARING DATE: October 24,1995 PROPERTY OWNER: Northwestern Mutual Life Insurance Co. REQUEST: Conditional Use Permit to allow a loading PREPARED BY: Scott Harlicker area within 300 feet of a residential district LOCATION: 1335 Eagandale Court COMPREHENSIVE PLAN: R & D - Research and Development ZONING: R & D - Research and Development SUMMARY OF REOUEST S. J. Knight is requesting approval of a Conditional Use Permit to allow a loading area within 300 feet of a residential district, as part of a 20,000 square foot research & development / office building, (Pro -fit) on 3.4 acres platted as Lot 6, Block 4, Eagandale Center Industrial Park located on Eagandale Court in the SW 1/4 of Section 3. 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, Planning Report - S.J. Knight October 24, 1995 Page 2 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/HISTORY This property was platted between 1967 and 1970 as part of Eagandale Center Industrial Park. The R & D zoning classification was assigned to this property in 1967 to provide a buffer between the industrial uses on the east and the residential zone on the west. The purpose of the R & D District is to "create a district that permits, subject to regulations, restrictions and controls, professional research and development and limited industrial structures and operations which will be compatible with the predominantly residential character of surrounding areas so as to preserve for the residents of the City the full use, benefit and enjoyment of their homes and property." Access to the property via Eagandale Court was treated in 1986 with the surveying and platting of the cul -de -sac. No previous development has occurred on this parcel. The proposed research and development/office use is permitted in this zoning district; however, during the building permit review it was determined that per Section 11.10. Subd. 14. D. of the Zoning Code, a Conditional Use Permit was required for the placement of the loading area within 300 feet of a residential zone. EXISTING CONDITIONS The site is mostly flat with a moderate slope along the east property line. The property is higher than the surrounding properties to the north, south and east. Vegetation is mostly small second growth trees and brush with groupings of larger elms and boxelders along the west property line. There are no structures on the site. SURROUNDING USE The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - General office and manufacturing; zoned R &D and designated (R & D) Research and x Planning Report - S.J. Knight October 24, 1995 Page3 Development South - Vacant/ Oswald Technology Center; zoned R & D and designated (R & D) Research and Development East - American Red Cross; zoned LI and designated (IND) Industrial West - Single family residential; zoned R -1 and designated (D -1) Single family residential, 0 -3 u/ac EVALUATION OF REOUEST Pro Fit International designs and develops custom mounting brackets to mount cellular phones in vehicles. The proposed research and development/general office use are permitted uses in the R & D Zoning District. The proposal includes a 20,000 square foot building with 20 parking spaces. The applicant also indicates an area for future expansion to the rear of the proposed structure. The proposed location of the loading area is within 135 feet of the residential zone. According to the developer, truck traffic will be limited. Traffic will include UPS deliveries, two or three medium sized trucks per week and an occasional semi truck. SITE PLAN Architecture - The building will be constructed of concrete wall panels with an aggregate finish and will consist of 16,000 square feet of research & development/storage and 4,000 square feet of office. Setbacks - The developer complies with all building and parking setback requirements. The proposed building is setback 100 feet from the adjacent residential property to the west., 125 feet from the north property line, 160 feet from the south property line and 100 feet from the east property line. Lot Coverage - In the R & D District not more than 20% of the lot area shall be occupied by buildings. The proposed 20,000 square foot building covers 13.4% of the lot and therefore complies with the 20% maximum building coverage requirement. The developer shows an area for future expansion on their site plan. This expansion would increase the size of the building by 20,000 square feet, bringing the building coverage up to 26.8 % which exceeds to 20% maximum building coverage requirement. In order to comply with the 20% building coverage requirement, the maximum size of the building would be limited to 29,769 square feet. The applicant should revise the site plan to reduce the area for future expansion to comply with the 20% lot coverage maximum. Parking - The City Code does not address parking requirements for research and development facilities; however, research of other communities that have parking requirements specifically for research and development uses typically require parking at a ratio of 1 space for every 550 SF /d 6 Planning Report - S.J. Knight October 24, 1995 Page 4 of floor area. Using this standard, 29 spaces are required for the 16,000 square feet research and development portion of the proposed building. Using the parking requirements for office space, 22 spaces are required for the office portion. With this scenario, 51 on site parking spaces should be provided. Proposed on site parking is 20 spaces and proof of parking shown for an additional 52 spaces for a total of 72 spaces. The applicant shows sufficient proof of parking to meet the parking requirements for the future expansion. Because of the design and engineering nature of their specific operations, the developer has indicated that their employee parking needs will be less than 20 spaces; however, they have designated an area for "proof of parking" that will 'accommodate an additional 52 spaces on site. The developer will be required to enter into an agreement with the City regarding implementation of "proof of parking." LoadinvArea - The Zoning Code Section 11.20. Subd. D. 4. states that loading docks and truck parking is not permitted on the side of an R & D District abutting a Residential District. The loading area is located on the north side of the proposed building, which abuts the R & D District, 135 feet from the adjacent residential zoning district to the west. The loading area consists of 2 loading docks and a 14' x 14' overhead drive -in door. The Zoning Code Section 11.10. Subd. 14. D. states that a Conditional Use Permit is required for any proposed loading area within 300 feet of any residential district. Access - Access to the site will be via a single driveway which will service both the loading area and the parking area. Trash/Recycling - Trash and recycling containers should be stored inside the building or within an enclosure that is attached to the principal structure and constructed of the same exterior material as the principal structure. Landscaping - The Landscaping Plan is acceptable. The residential area will be screened from the loading area. The developer is proposing 11 Austrian Pines and 9 Scotch Pines to screen the west side of the building. This screening extends to the north property line so that the loading area is effectively screened from the adjacent residences. Grading/ Wetlands - Minor modifications are needed to the drainage plan. The site will require minimal grading for preparation. There are no wetlands on the site. Storm Drainage/Water Quality - Storm sewer is available from Eagandale Court. The proposed storm sewer does not include enough catch basins. There are no storm drainage /water quality issues related to the loading area Planning Report - S.J. Knight October 24, 1995 Page 5 Utilities - The preliminary utility plan is acceptable. Easements/Rights of Way/Permits - There is a 50 foot wide Northern Natural Gas easement along the west property line and a 10 foot wide drainage and utility easement along the north property line. Tree Preservation - The tree preservation plan is acceptable. There are 7 significant trees on the site, all of them elms, ranging in size from 9 to 12 inches. They are all located along the west property line within the 100 foot building setback and will be preserved. SUMMARY /CONCLUSION The placement of the loading area within 300 feet of the adjacent single family residential zone to the west requires a Conditional Use Permit. The applicant has indicated that truck traffic will include daily UPS delivery and pickup, 2 or 3 medium sized trucks per week and an occasional semi truck. The proposed landscaping includes an evergreen screen along the west side of the property that will screen the loading area from the adjacent residential area. • Because of the limited amount of truck traffic and the screening to be provided along the west property line, the loading area should not impact the residential zone. The proposed use should be compatible with the surrounding uses to the north, south and east. ACTION TO BE CONSIDERED To recommend approval or denial of a conditional use permit to allow a loading area within 300 feet of a residential zone, as part of a 20,000 square foot research and development/office building on Lot 6, Block 4 of Eagandale Center Industrial Park. If approval of this permit is recommended, it shall be subject to the following conditions: Site Plan 1 If outdoor storage of the trash container is proposed, details and elevations of the enclosure are required. They shall demonstrate that it is compatible and made of the same exterior material as the principal building. 2. This permit shall be recorded at Dakota County within 60 days of Council approval. 3. The driveway entrance shall be constructed with a concrete apron in accordance with City standards. 4. The developer shall enter into an agreement with the City regarding implementation of proof of parking. /a� Planning Report - S.J. Knight October 24, 1995 Page 6 5. The landscaping shall be installed as per Landscape Plan dated 9/20/95 and revised 10/6/95. 6. The area on the site plan shown as future expansion shall be reduced so that the building coverage of the proposed building and future expansion does not exceed 20% of the lot area. Grading /Storm Drainage , 7. Catch basins shall be added at the entrance to handle runoff from the site before it flows onto Eagandale Court FINANCIAL OBLIGATION - 3- CU- 25 -9 -95 Part of Lot 6, Block 4 Eagandale Center Industrial Park There are pay -off balances of special assessments totaling $4,714 on the parcel proposed for which the conditional use 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 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 the connections proposed to be made to the City's utility system based on the submitted plans. • Improvement Use Rate Quantity - Amount NONE . �0 This financial obligation is presented for informational purposes and is not a condition for issuance of the conditional use permit. /a9 It LOCATION ZONING R & D - Reasearch and Development COMPREHENSIVE GUIDE PLAN R & D Research and Development 7,3( MENDOTA HTS. :,it:±zini•k4W:stV_P.•••• •...V; . V, • - • . • • w •-• .J •' z vie 1 11.11 Q a 1i,,i 1 =iilJ .1 .2 S El- z.fsi 1, .g_ II inLittgi.If 0 2 O .1 ii'l I j1sia3 II �� i ijt' cc Z 1� ibfil v bib`jp ii CO z gilt �1 H wQ 111itiflli.i} a = CI) ., , ,, i - GC 0 i 1hi „t z • • .0 'u- R' o (. r4 -i1 : .e' i 1 I'S, i It S §r / 1 $ f.."; S..1 1/ i . rip if 1 C) ! : I I% t< I. •%i: • : i it• 0 ',d y 8 f 8 J 22: c%,+, N \: 4L•J 4- % �\. . . k Jy6J� ” rr r\ sg sa _ - — • ,11 =N .1 n 1 1 1 n n v 1 tf • s : 1 �7 MI V IV ♦/ I I_ .. 11 Y pA..rl • �,.�: • ::..: • `V, 1 413, i f i •� i• i u t:11' lel '"Ilg".•1 .• iP.St"SCSI • .. i I I i : • i \i r /� I � `�� *:1,,:!t, i s/ (1 `�� A.C- . i li i • • t •. \ • ,�; .i •i •4 i.y�1 i• • '+ r SITE PLAN a ei q t1 I 1: „l. .# t i t ; 4 r 1 !it t • III =',1 = : # El `'i ill I '141 U1111)11.111.1 3, I sill 444i 1 I 11 3 i �caJ O.r.1� w F+. rii OHO ...� -••v yr..c.n 1 =rL i iD E r 1 i a �'••1' 1 I l l 1 1 1 Ow inroad imam Imswrns •" 3qc 1 I t li! —_. E Iii. iii 1111 ill. 1111; i:i..1I. 1 , IIi. I .I i • Hi II I I iI �� , i I i 1 14 1 11 1 1 hb e e 2: z i ' rm i 1f� ! 1 1 F i yrn t II 1 1 {E+,srF 1E: • f 4Z t- 4 1 1 Fis' !• L Ltyl� r P. f- i 1 :. i, sr}i i li1tll ii ►.1 S 1 =E t1 i .�LT a 4 ie Ic ,4ilh L� ►,)f I 1 F • ! ! 01 qji i. 1.1 i Ff,if- 110 =}& i iIii_i2 A fit tt 1 l i ,islil Iii! i ;i PliEta i ill i! i 1 44 ! E1JiI LF4 {LII)i rc1! 11 L:iF °: I [� t i li4 A Riff 41 111111= I_ lb i!I V 1 f1I`7L,t1' /I A 1a �Fr,l1fiii 1. !`� 1.0- E1� ifIN3At 3fl!SNd1l8 • ! •s J . • b Q � GRADING mo UTILITY V u Agenda Information Memo November 6, 1995 Eagan City Council Meeting B. CONDITIONAL USE PERMIT TO ALLOW A TRUCK TERMINAL AND SECONDARY SALES AND SERVICE; CONDITIONAL USE PERMIT TO ALLOW FUEL STORAGE ON -SITE - HOOVESTOL, INC. ACTION TO BE CONSIDERED: 1. To approve or deny a Conditional Use Permit to allow a truck terminal and secondary sales and service of trucks and trailers on Lots 17 -24, Block 2, Eagandale Center Industrial Park No. 4 subject to the 15 conditions recommended by the Advisory Planning Commission. 2. To approve or deny a Conditional Use Permit to allow an underground fuel storage tank on Lots 17 -24, Block 2, Eagandale Center Industrial Park No. 4 subject to the 5 conditions recommended by the Advisory Planning Commission. FACTS: • Hoovestol, Inc. is currently located in the Roadway Trucking building at 2950 Lone Oak Circle. They are proposing to relocate the business to this site. Hoovestol, Inc. is a truck/trailer leasing company; the majority of their business is leasing, with sales and service of trucks and trailers being a secondary use. ► Sales activity will not include the general public, but will be geared to other trucking companies and/or professional truckers. Truck and trailer repair will occur inside the building. • The proposed site plan indicates that the existing building will be utilized for office /warehouse and minor repair. Initially there will be 815 s.f. of office and 17,532 s.f. of storage space that will be used primarily for repairs. The applicant indicated that the office may be expanded in the future to 1,650 s.f. • Forty (40) parking stalls for employees will be provided with 36 in the lot south of the building and 4 are indicated for future parking in the lot north of the building. Forty stalls is based on code requirements to meet their potential future use with 1,650 s.f. of office. The plan indicates space to park 97 trucks and trailers, however this reflects minimal maneuvering space. The applicant states that typically 30 -40 trucks and trailers would be parked on -site an any time, but there may occasionally be a need for more parking. Two access points from Mike Collins Drive are proposed. An existing driveway south of the building will be removed. ► Less than 30% of the significant trees and woodlands will be removed to accommodate this development. An on -site detention basin will be provided to treat runoff prior to discharge off -site to Pond EP -2 within the Borchert Ingersoll property. ► An underground fuel tank is proposed to be located south of the building and east of the employee parking area. The fuel tank will comply with all State regulations to ensure safety and environmental protection. ► The Advisory Planning Commission conducted a public hearing on these proposed Conditional Use Permits at its regular meeting on October 24, 1995. ► The Commission recommends approval of the conditional use permit to allow a truck terminal subject to the 15 conditions in the staff report, with the following modifications: ▪ Condition #5 - Delete "or clean"; therefore the developer would be required to repaint the building. ▪ Condition #10 - Add "Much denser" to ensure additional screening is provided along the south edge of the parking lot to increase the buffer to the residential development across Yankee Doodle Road. ► The Commission recommends approval of the conditional use permit to allow a fuel storage tank subject to the 5 conditions in the staff report. ISSUES: ► The president of the Wescott Square Townhome Association expressed concerns about: - the overall size of the parking lot and the trucking operation - smells and safety issues related to the fuel tank - increased truck traffic and noise - insufficient screening of the parking lot ► APC members also expressed concerns about the appearance of the development and its impacts on the adjacent residential development. They felt the buffer between the parking lot and Yankee Doodle Road should be substantially increased. They suggested adding "much" denser landscaping to provide better buffering. ► Staff notes that if berming is desired, the setback from Yankee Doodle would have to be increased to allow space for a berm on the north side of the detention pond. It appears that an additional 20 -25 ft. of setback would provide space for a 3 -4 ft. high berm north of the pond. This would result in a smaller parking lot and reduce the amount of available truck/trailer parking by about 8 spaces (assuming 12 foot wide stalls). The applicant has indicated that their typical parking need is 30 -40 truck/trailer spaces, so reducing the proposed 97 parking spaces by 8 spaces should not have a significant impact on the proposed operation. While the applicant has concerns about limiting their operations and expansion potential, consideration must also be given to the intensity of development on this site adjacent to residential uses and along Yankee Doodle Road which is the primary entry to the City's Central Area. Since the proposed use is conditional, the City may place conditions on the use to minimize impacts of the proposed use on surrounding development and future land uses. • If the City Council concurs with this suggestion, a condition could be added to require an additional setback from the south property line to provide berming and additional landscaping of the parking lot. BACKGROUND /ATTACHMENTS: APC minutes of October 24, 1995, pag s through / c( . Staff Report, pages //_ through /.S' Letters from Elizabeth Larson, President of Wescott Square Homeowners Association dated 10/20/95 and 10/24/95. r. — /S4 . Exhibit A: Staff revised site plan illustrating increased setback/buffer along Yankee Doodle Road. .p. (S 'l / 3g Page 5 October 24, 1995 ADVISORY PLANNING COMNIISSION* CONDITIONAL USE PERMITS - HOOVESTOL, INC. Chairman Miller opened the next public hearing of the evening regarding a Conditional Use permit to allow a truck terminal and secondary sales and service of trucks and trailers on Lots 17 -24, Block 2, Eagandale Center Industrial Park No. 4, located on the east side of Mike Collins Drive, north of Yankee Doodle, in the SE1/4 of Section 11 and a Conditional Use Permit to allow underground fuel storage and dispensing. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in the City staff's planning report dated October 18, 1995. Ms. Farnham noted the background and history, the existing conditions and the surrounding uses of the subject property. Ms. Farnham further outlined the City staffs evaluation of the applicant's request and noted that it will be compatible with the existing and future uses in the Eagandale Center Industrial Park. A representative of the applicant was present and stated that he was open for any questions. Elizabeth Larson, a resident and President of the adjacent Wescott Square Townhome Association was present as their representative. She stated that the Association's main concerns were what conditions were placed on the conditional use permit, the overall size of the project, why a retaining wall is not required along the south portion of the property and whether the townhome development will be impacted by adverse odors. Chairman Miller addressed Ms. Larson's questions stating that there would be no sale of fuel on the site and that the applicant will be required to follow all federal and state regulations with respect to the underground storage tank. Chairman Miller further gave Ms. Larson a copy of the conditional use permit conditions. With respect to the retaining wall, Ms. Farnham stated that a retaining wall along the east portion of the property was required due to the steep slopes and to preserve trees. There is no need for a retaining wall on the south because the site naturally slopes to the south. Ms. Larson stated that the residents are also concerned with the visibility of the site, truck traffic and noise. Ms. Farnham responded that while there are existing trees that will be removed along Yankee Doodle Road, trees in the southeast will be saved and landscape screening is required along the south edge of the site. Ms. Farnham noted that the Commission could require that the landscape screening be more dense than proposed. Member Carlson concurred that more dense screening along the south property line should be required to protect the adjacent residents. Chairman Miller recommend that condition number 10 be revised to read "much denser" landscaping. Member Wallace recommended that condition number 5 be revised to delete the phrase "or clean" thereby requiring the developer to repaint, not with an alternative to clean, the building's exterior. Member Isberg inquired whether an added condition regulating the maximum number of trucks on the site is feasible. (39 Page 6 October 24, 1995 ADVISORY PLANNING COMMISSION Chairman Miller moved, Member Wallace seconded, a motion to recommend approval of a Conditional Use permit to allow a truck terminal and secondary sales and service of trucks and trailers on Lots 17 -24, Block 2, Eagandale Center Industrial Park No. 4, located on the east side of Mike Collins Drive, north of Yankee Doodle, in the SEl /a of Section 11, subject to the following conditions: General Conditions 1. This permit shall be recorded at Dakota County within 60 days of Council approval. 2. The developer shall combine all eight lots. into a single tax parcel at Dakota County. 3. The developer shall upgrade the existing parking areas on the site to include concrete curb and gutter in accordance with City standards. 4. The new driveway entrance to the site shall include a concrete apron in accordance with City standards. 5. The developer shall repaint the building exterior, replace or remove any non- functioning overhead doors and close non = functioning door openings. 6. All repairs of trucks and trailers shall occur inside the building. 7. The developer shall submit landscape, grading and utility plans for review and approval prior to the City releasing the CUP for recording. 8. Cash dedication for trails. 9. No retail sales of truck or trailers shall be allowed. Landscaping/Tree Preservation 10. The developer shall, submit a final landscape plan prepared by a Minnesota registered landscape architect or a Minnesota certified nurseryperson, that incorporates much denser year -round screening as approved by the City along the south edge of the parking lot. 11. The developer shall install 4 foot polyethylene laminate safety netting at the Drip Line or at the perimeter' of the Critical Root Zone, whichever is greater, of significant tree /woodlands to be protected. Page 7 October 24, 1995 ADVISORY PLANNING COMMISSION 12. The developer shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. Grading/Storm Drainage/Water Quality 13. The developer shall submit detailed plans and specifications with the final grading plans, for the construction of the retaining wall. 14. The developer shall provide sufficient storm sewer within the site in accordance with City standards. 15. The developer shall construct a detention basin to treat runoff from the site prior to discharge to Pond EP -2. The pond must have a wet volume and minimum average depth of .4 ac. -ft. and 2.5 feet, respectively. An outlet skimmer, in accordance with City standards, shall be constructed at the outlet to the detention basin. The detention basin design must be approved by the water resources coordinator. All approved in favor. Chairman Miller moved, Member Wallace seconded, a motion to recommend approval of a Conditional Use Permit to allow underground fuel storage and dispensing, subject to the following conditions: 1. The fuel tank shall be for private use only. 2. No retail sales of fuel shall be allowed. 3.' Subject to review and approval by the City Fire Marshal. 4. All other County and State regulations, permits and licensing requirements shall be applied for and approved. 5. This conditional use permit shall be recorded at Dakota County Recorder's Office within sixty (60) days of Council approval. All approved in favor. N I 'PLANNING REPORT CITY OF EAGAN REPORT DATE: October 18, 1995 CASE #: 11- CU- 26-9 -95, 11- CU- 27 -9 -95 APPLICANT: Hoovestol, Inc. HEARING DATE: Oct. 24, 1995 PROPERTY OWNER: ALSCOR Investors PREPARED BY: Julie Farnham REQUEST: Conditional Use Permit to allow a truck terminal and sales and service of trucks and trailers and a Conditional Use Permit to allow fuel storage on -site. LOCATION: Lots 17 -24, Block 2, Eagandale Center Industrial Park No. 4 COMPREHENSIVE PLAN: IND (Industrial) ZONING: I -1 (Light Industrial) SUMMARY OF REQUEST Hoovestol, Inc. is requesting approval of two Conditional Use Permits; one to allow a truck • terminal and secondary sales and service of trucks and trailers and the other to allow an underground fuel storage tank on Lots 17 -24, Block 2, Eagandale Center Industrial Park No. 4, located on the east side of Mike Collins Drive, north of Yankee Doodle, in the SE 1/4 of Section 11. 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. Planning Report - Hoovestol, Inc. October 24, 1995 Page 2 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/HISTORY Previous business on this site include Koerner Trucking Company and Barrel Reconditioning, Inc. which occupied Lots 17 -19. Lots 20 -24 have not been developed. A conditional use permit was granted for Barrel Reconditioning in March 1981 to allow outdoor storage of barrels, not to exceed six feet. They also received a variance to the parking setbacks and lot .paving requirement. Hoovestol, Inc. is currently located in the Roadway Trucking building at 2950 Lone Oak Circle. They were granted a Conditional Use Permit in 1989 to allow the sales and lease of used trucks and trailers as a secondary use to their primary contract .mail hauling operation. EXISTING CONDITIONS The site consists of eight lots. Lots 17 -19 contain an existing one -story building. There are two existing driveway into unpaved parking areas. An old chain link fence surrounds these lots. Lots 20 -24 are undeveloped. The applicant intends to combine these eight lots into one tax parcel. The property is not currently in use. Some significant oak woodlands exist on the eastern edge of the site which abuts the County compost site. Several poplars have grown up on the remainder of the site, which appears to have been disturbed during construction of surrounding properties. A hill, which appears to be a soils stock pile, exists near the center of the site. Some slopes in excess of 30% exist along the east edge of the property which is heavily wooded. The remainder of the site is relatively level, sloping gently to the south -west. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Planning Report - Hoovestol, Inc. October 24, 1995 Page 3 North - Industrial; zoned Industrial (I -1); guided Industrial (IND) South- Yankee Doodle Road and townhomes; zoned Townhouse (R -3); guided Mixed Residential (6 -12 du/acre) D -III. East - County compost; zoned Planned Development (PD); guided Industrial (IND) West - Industrial; zoned Industrial (I -1); guided Industrial (IND) EVALUATION OF REOUEST Proposed Use - The applicant operates a truck leasing company. The majority of Hoovestol's business is leasing with sales of trucks and trailers being a secondary use. The sales activity, as proposed, will not include the general public, but will be geared to other trucking companies and/or professional truckers. According to the applicant, truck and trailer repair will occur inside the building. Hoovestol, Inc. is currently located in the Roadway Trucking building at 2950 Lone Oak Circle. The applicant is -proposing to_ relocate the business to this site. The existing 18,347 s.f. building will initially include about 815 s.f. of office space and 17,532 s.f. of warehouse, a portion of which will be used for minor truck and trailer repair. The applicant indicates that the office area may be expanded to 1,650 s.f. in the future. An underground fuel tank is also proposed to be located south of the building and east of the employee parking area. Compatibility with Surrounding Area - The proposed truck terminal use will be compatible with other uses in this area of Eagandale Center Industrial Park, which includes several truck terminals. Residential townhouse developments are located to the south across Yankee Doodle Road. City code requires a 100 foot Landscaped setback adjacent to residential development to ensure adequate buffering. The proposed landscape plan indicates several existing trees will be retained within this setback and additional shrub clusters and evergreen trees will be planted. to provide additional screening of the trailer parking from Yankee Doodle. It is anticipated that much of the truck traffic will head north along Mike Collins since one of Hoovestol's major operations is hauling mail. -However, some truck traffic will use Yankee Doodle. Setbacks - The existing building is setback 40 feet from Mike Collins Drive which meets code requirements. The proposed new parking lot will be setback 20 feet from Mike Collins Drive, 100 feet from Yankee Doodle Road and 10 feet from the east property line which meets City code. Parking/Access - The site plan indicates 40 parking stalls for employee parking, 4 of which are designated for future parking and will be located in the parking lot north of the building. City code requires 35 parking stalls based on the proposed building usage of 815 s.f. office and 17,532 s.f. warehouse. If the office area is expanded to 1,650 s.f., 40 stalls will be required. The stalls Planning Report - Hoovestol, Inc. • October 24, 1995 Page 4 and drive aisles in the employee packing area meet code requirements for size and width. The proposed site plan indicates space for up to 97 trucks and trailers. According to the applicant, an average of 30-40 trucks and trailers would typically be parked on -site at any time; however, there may occasionally be a need to park more trucks and trailers on -site. The proposed site plan indicates two access points from Mike Collins Drive. One is an existing driveway into the parking lot north of the building. The other is a 70 foot wide driveway, just south of the employee parking area, that will be used by both employees and trucks. An existing driveway south of the building will be removed. Building_Materials - The applicant is not proposing any significant alterations to the existing building exterior. A few of the overhead doors on the building have been boarded up. The building siding has discolored in places. The developer should repaint or clean the building exterior and replace or remove any non - functioning overhead doors and close the openings. Tree Preservation - The Tree Preservation Plan is acceptable. The proposed plans indicate the presence of 96 significant trees and 20,800 s.f. of significant woodlands. The proposed development will result in removal of 27 significant trees and 5,700 s.f. of significant woodlands. Because this is Less than the allowable 30% removal, mitigation is not required. A retaining wall is proposed along the east edge of the truck/trailer parking area which will allow most of the significant oak woodlands on -site to be preserved. Existing trees will also be retained along about half of the property frontage on Yankee Doodle Road. The City Forester is recommending approval of the Tree Preservation Plan as proposed. Landscaping - Minor modifications are necessary to the .Landscape Plan. The proposed landscape plan includes a mix of deciduous and evergreen trees and shrubs. Several spruce trees are proposed along the south edge of the parking lot to provide screening from Yankee Doodle. Staff recommends these trees be spaced closer together and shrub clusters added to create a denser screen in this location across from residential development. A combination of shrubs and overstory trees will screen the west edge of the parking lot along Mike Collins Drive. A row of shrubs is proposed along the building foundation. Wetlands - There are no jurisdictional wetlands on the site that will be filled or drained by the proposed development action. Grading Minor modifications are necessary to the grading plan. Proposed grading on the site will require some large cut sections (approx. 20 feet). The site generally slopes from northeast to southwest. The preliminary grading plan shows a 5 foot high retaining wall along the east edge of the site. The developer should submit detailed plans and specifications for the retaining wall with the final grading plans. Storm Drainage - Minor modifications are necessary to the storm drainage plan. The developer Planning Report - Hoovestol, Inc. October 24, 1995 Page 5 is proposing to route the storm water runoff to a proposed detention pond in the southwest corner of the site. From the pond, the runoff will drain to existing storm sewer in Mike Collins Drive and eventually north to Pond EP -2, which is classified as a Class V Nutrient Trap in the City's Water Quality Management Plan. The proposed storm sewer within the site does not provide for sufficient catch basins. The developer should revise the plans to add additional catch basins in accordance with City standards. The storm drainage plan shall also be revised to include an outlet skimmer in accordance with City standards at the outlet of the detention pond. Water Ouality - The proposed expansion of the existing facility will increase the runoff volume and pollutant load exported from this site. Runoff from the site discharges to Pond EP -2. Pond EP -2 is within the Borchert Ingersoll property recently acquired by the City for development of North Park. As such, the water quality classification of the pond will likely be changed to a recreational designation such as indirect contact recreation. As such, protection of water quality in this water body is important. To mitigate off -site impacts to water quality in, Pond EP -2, staff is recommending that the developer incorporate a single cell detention basin on the site to treat runoff prior to discharge off -site. The pond must have a wet volume and average depth at normal water level of .4 ac -ft. and 2.5 feet, respectively. The plans will need some modification to meet these design requirements. Utilities - The existing building on site is presently connected to City sanitary sewer and water services. No additional sanitary sewer or water services are needed within the development. Easements/Rights of Way/Perrimits - As part of the reconstruction of Yankee Doodle Road (Dakota County 28), Dakota County is in the process of obtaining an additional 25 feet of right- of-way along Yankee Doodle Road at the southern edge of this property. The plans submitted reflect the wider right-cif-way. Parks and Recreation - Parks dedication has been fulfilled for this property, however, a cash dedication for trails is required. SUMMARY /CONCLUSION The applicant is proposing to combine Lots 17 -24 of Eagandale Center Industrial Park No. 4 to accommodate a truck leasing (terminal) operation. The applicant also intends to perform minor repairs on trucks and trailers and occasionally sell them. An underground fuel storage tank is also proposed to be located on the site. The proposed truck terminal use and secondary sales and service will be compatible with existing and future uses in this area of Eagandale Center Industrial Park. With the modifications recommended by staff, the required setbacks, proposed landscaping and tree preservation should ( Planning Report - Hoovestol, Inc. October 24, 1995 Page 6 provide adequate buffering and screening of the truck/trailer parking from the townhouse developments to the south. ACTION TO BE CONSIDERED To approve/deny a Conditional Use Permit for Hoovestol, Inc. to allow a truck terminal and secondary sales and service of trucks and trailers on Lots 17 -24, Block 2, Eagandale Center Industrial Park No. 4 subject to the conditions listed below: General Conditions 1. This permit shall be recorded at Dakota County within 60 days of Council approval. 2. The developer shall combine all eight lots into a single tax parcel at Dakota County. 3. The developer shall upgrade the existing parking areas on the site to include concrete curb and gutter in accordance with City standards. 4. The new driveway entrance to the site shall include a concrete apron in accordance with City standards. 5. The developer shall repaint or clean the building exterior, replace or remove any non- functioning overhead doors and close non - functioning door openings. 6. All repairs of trucks and trailers shall occur inside the building. 7. The developer shall submit landscape, grading and utility plans for review and approval prior to the City releasing the CUP for recording. 8. Cash dedication for trails. 9. No retail sales of truck or trailers shall be allowed. Landscaping/Tree Preservation 10. The developer shall submit a final landscape plan prepared by a Minnesota registered landscape architect or Minnesota certified nurseryperson, that incorporates denser screening along the south edge of the parking lot. 11 The developer shall install 4 foot polyethylene laminate safety netting at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant tree /woodlands to be protected. Planning Report - Hoovestol, Inc. October 24, 1995 Page 7 12. The developer shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. Grading /Storm Drainage/Water Quality 13. The developer shall submit detailed plans and specifications with the final grading plans, for the construction of the retaining wall. 14. The developer shall provide sufficient storm sewer within the site in accordance with City standards. 15. The developer shall construct a detention basin to treat runoff from the site prior to discharge to Pond EP -2. The pond must have a wet volume and minimum average depth of .4 ac. -ft. and 2.5 feet, respectively. An outlet skimmer, in accordance with City standards, shall be constructed at the outlet to the detention basin. The detention basin design must be approved by the water resources coordinator. To approve /deny a Conditional Use Permit for Hoovestol, Inc. to allow an underground fuel storage tank on Lots 17 -24, Block 2, Eagandale Center Industrial Park No. 4 subject to the conditions listed below: 1. The fuel tank shall be for private use only. 2. No retail salews of fuel shall be allowed. 3. Subject to review and approval by the City Fire Marshal. 4. All other County and State regulations, permits and licensing requirements shall be applied for and approved. FINANCIAL OBLIGATION 11- CU- 26 -9 -95 Lot 17 through 24, Block 2 Eagandale Center Industrial Park #4 There are pay -off balances of special assessments totaling $9,376 on the parcels for which the conditional use is requested. M this time, there is a pending assessment on a parcel for which the conditional use permit is requested. The pending assessment is S25,425 for Yankee Doodle Road reconstruction. 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 the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use - Rate Quantity Amount NONE -IL This financial obligation is presented for informational purposes and is not a condition for the issuance of the conditional use permit. LOCATION lsa ZONING I -1 (Light Industrial) COMPREHENSIVE GUIDE PLAN IND (Industrial) (Y/ • S b• Jr 45' [ .lonao• (ASA/NM MEE DOODLE DAD 9 8 10003121 FOR HOOVESTOLI INC. E&W* INEDOUI e= 3 /5 if •r 4r r room----------- - JJs lRr, 9 II: R - •...; PT \ • \off N. \\. mgt !i.".6tei' .i L - -- sIIfliwI.I■� lt- ■! YI = "g:l 11 .---- (� ill IF R; 1 �' • x ! w x u Y I r 1 i_ J S b• Jr 45' [ .lonao• (ASA/NM MEE DOODLE DAD 9 8 10003121 FOR HOOVESTOLI INC. E&W* INEDOUI e= 3 /5 i�• $! i� n IV YAMEE cooae ROAD r FENNAOOHFOR HOOVESTOL, INC. EAOAM WE9OTA M I... i Hugo Architect: MIN 62.21112m &MN y - -- 1 � 11 i 11t ! 1 I ! ! 1, • 1 1 t I_ I1`2 it o Icy},, u 1 11 � i l .h - ` I _ . I I z, I i 1 I q I I `4p 44 14a/ _ rrr! I era p, :GF t.i So \ \'1 1, 11 l l %- ` 7 ` / K • vn _r \ ` 1 1 _l ill l�l� 1 , 1 11. / \ 1 � \ �i \\' � \ ' ' \ 11 11\1111 1 1 1" 11, 11 1 \ '' ' iri , 1 1 1 i ! ` I 11 . -' \ \`, ` ...... / • 111 11 \..I I + r! I 'I l i + r�J`r i rl 11 r' rrrl�rr999r rl /II 11 ii Ilri rrir i i Ir l r r 11 1 I 11 ! ! t l 11 I i 1 1 1 1 1 1 1 I 1 1 I I r +I l 1 r 1 t 1 1 1 1 i ' I1 JI I r' % ___I ii a • q 1 ■ 1 1 1, 7 1 1 1 1 , 1 ���_ I 1 `11 \ \1 \ n IV YAMEE cooae ROAD r FENNAOOHFOR HOOVESTOL, INC. EAOAM WE9OTA M I... i Hugo Architect: MIN 62.21112m &MN CJ CID WPM ••••11•1111110 B 1 r, , rim roil Mir ylI Els I 1 1 0 CO Q 0 m 0 r m �..` 1111 IpIdA1C11R# .G71 Lq INC. uR/ ` ESTO _ 11111 44444 ��r�r�r = �rrr1• • r0rrO� rrrrr• O rArchitects MMw� Z"� r"""""" alIAMANIP October 20, 1995 E. J. Van Overbeke, City Clerk Advisory Planning Commission City of Eagan Dear Clerk Overbeke: At our last Wescott Square Homeowner's Association Board of Directors Meeting, we discussed our receipt of the notice of a public hearing pursuant to the application of Hoovestol, Inc. for a conditional use permit to allow underground fuel storage and dispensing, etc. As the Board of Directors representing Wescott Square Homeowners we want to go on record as opposing the granting of this conditional use permit. As a residential community we are already impacted by the close proximity of a hazardous waste site, compost site, and multiple industrial businesses. We do not believe it would be in the best interest of this community to support more industrial development, particularly with underground fuel storage. We are also concerned about increased business traffic at an unmarked intersection which is already difficult to enter during peak travel times. I look forward to talking with you further to express the concerns of our association at the public hearing. Sincerely, Elizabeth BJ La`r on, President Wescott Square Homeowners Association 845 Wescott Square Eagan, Minnesota (612)681 -8116 hm (612)892 -2112 wk /ej1 ( October 24,1995 Chairman Mark Miller Advisory Planning Commission City of Eagan Dear Chair Miller: I am writing after my appearance before the Advisory Planning Commission tonight at the public hearing regarding the request for two conditional use permits to Hoovestol, Inc. I welcomed and sought the opportunity to represent the Wescott Square Homeowners Board of Directors at this public hearing on an important matter that concerns our 23 unit development. Listening to the response the homeowners who appeared before us received and the concern that was expressed for their opposition to the permit approval, as evidenced by a "no" vote by at least one commission member on their behalf, I hoped for similiar consideration and commission support for our concerns. However I was surprised by the commission's sudden action without being granted the opportunity to indicate our satisfaction or dissatisfaction as had been done with the homeowners before us. On behalf of the Wescott Square Homeowners Association Board of Directors, I had prepared a letter of opposition to present but was only given the one opportunity to ask clarifying questions and indicate our specific concerns. I am now enclosing a copy of the original letter and will be contacting our area homeowners about the proposed business relocation and expansion in our area and the results of this public hearing. My regret about this public hearing is that I came with high hopes of being heard, saw this happen with the homeowners before me, and felt short - changed when it came to my time and our board of directors concerns. I would like to receive a response from you to this letter and I will be passing on the information to our area homeowners. We will have representation at the City Council meeting on Monday November 6th to voice again our concerns. Sincerely, Elizabeth BJ on 845 Wescott Square Eagan, Minnesota 55123 (612)681 -8116 cc: Wescott Square Homeowners Board of Directors Association Members 1 4 gt MOON MI HOOrESTOL INC. MOM MEG= /s7 • 1 1 a 1 E 1 1 l S 1 z 0 m to r D (0• z. 0 SISOMa ........r1. rrww• . ea* — ...•••._rr.MEMO -I. ,_ • • MM. 11•••• •r r..r -- w••• IMO • .r ••w A A.. Y A- Mao Architect" ri.•Ir -•IIWO rte. I•• -••• IgswrA Agenda Information Memo November 6, 1995 Eagan City Council Meeting C. CONDITIONAL USE PERMIT - MINNESOTA COACHES ACTION TO BE CONSIDERED: ► To approve or deny a Conditional Use Permit to allow Minnesota Coaches outdoor storage of up to 22 buses and bus repair service within the ProStop building located at 2815 Highway 55 on parts of Lots 6 and 7, Robert O'Neill Homestead Addition (P.I.D. #10- 53320- 072 -00) subject to the four conditions listed in the Advisory Planning Commission minutes. FACTS: ► Minnesota Coaches is requesting approval to allow them to occupy approximately one -third of the ProStop building for bus maintenance activities and outdoor storage of up to 22 buses. The site has operated for many years as it does today and the proposed use will not alter the existing character or function of' the site. ► The Robert O'Neill Homestead subdivision was platted in 1904. The subject site is part of the former McKee Trucking operation which dates back at least 40 years. The site is relatively flat, largely surfaced with gravel, and does not contain a storm sewer system or any concrete curb and gutter. Storm water runoff drains over land onto adjacent property. ► The 15 -acre site contains three principle buildings with three separate. uses on a single lot: Highway Sales (semi -truck sales and leasing); ProStop (truck repair); and Kane Transport. ► Atlas of Minnesota Inc. (which owns Dart Transit, ProStop, and Highway Sales) purchased this site in 1994. City staff recently met with the property owner to discuss the issues regarding the existing site conditions and long range development plans for the entire 15- acre site. ► Because Atlas has not formulated a long -range development plan for this site, it is not possible to determine how intensely the site will be developed. Therefore, it may be premature to require the entire site to be upgraded to current City standards at this time. Staff is suggesting a different approach that would be to require the property owner to submit to the City an overall conceptual site development plan that will define potential development and/or expansion areas and a schedule for site improvements. ► At their regular meeting of October 24, 1995, the Advisory Planning Commission recommended approval of this Conditional Use Permit subject to the four conditions listed in the staff report. BACKGROUND /ATTACHMENTS: (3) Minutes of October 24, 1995 APC meeting, pages /57through fee 4 Letter from Atlas of Minnesota, Inc. dated October 3, 1995, page /G. f. Staff Report dated October 5, 1995, pages / .Zthrough . , 5.V Page 8 October 24, 1995 ADVISORY PLANNING COMMISSION CONDITIONAL USE PERMIT - MINNESOTA COACHES Chairman Miller opened the next public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage of 22 buses and repair service for buses on property platted as part of Lots 6 and 7, of The Robert O 'Neill Homestead (P.I.D. #10- 53320-072-00), located on the south side of Highway 55, west of Highway 149, in the SE1/4 of Section 2. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staffs planning report dated October 5, 1995. Mr. Ridley noted the background, the existing conditions and the surrounding uses of the subject property. Mr. Ridley further outlined the City staffs evaluation of the applicant's request noting that the proposed use will not alter the existing character or function of the site. Mr. Ridley further noted that the site contains three principle buildings associated with three separate uses on a single lot. Mr. Ridley further noted that the applicant acknowledges that there are City - required site improvements necessary to bring the site in conformance with current standards. The owner and operator of Minnesota Coaches was present and requested the Commission to recommend approval of the conditional use permit. He further stated that the site is underutilized and that Minnesota Coaches is not requesting to develop the site, but only to use a portion thereof. He further noted that the site was previously used for a school bus maintenance site. He further stated that the applicant is intending to use the site as an incubator site to grow the business in this area and then build on a new site within the City of Eagan. Member Wallace moved, Member Carlson seconded, a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of 22 buses and repair service for buses on property platted as part of Lots 6 and 7, of The Robert O 'Neill Homestead (P.I.D. #10- 53320 - 072 -00), located on the south side of Highway 55, west of Highway 149, in the SEl of Section 2, subject to the following conditions: 1. This permit shall be recorded at Dakota County within 60 days of Council approval. 2. Within a year of Council approval, Atlas of Minnesota, Inc shall submit a conceptual site development plan for the entire 15 acre site that shall be reviewed by the Advisory Planning Commission acted on by the City Council. 3. The development plan shall conceptually define development and/or expansion areas, proposed site improvements, and an improvement schedule. Page 9 October 24, 1995 ADVISORY PLANNING COMMISSION 4. Within a year of Council approval of the concept plan, the property owner shall establish turf grass on gravel surfaced areas that are not being used for parking, storage, or staging purposes. All approved in favor. Atlas 800 Lone Oak Road, Eagan, MN 55121 • Mailing Address: P.O. Box 64110, St. Paul, MN 55164 -0110 • (612) 688-2000 October 3, 1995 Community Development — Planning Office 3830 Pilot Knob Road Eagan, MN 55122 Re: Support of Minnesota Coaches' Special Use Permit Application Dear Sir or Madam: This letter is submitted in support of our tenant's, Minnesota Coaches, special use permit application. It spells out the over $600,000 we have spent upgrading and modernizing this property since we bought it last Yom. Atlas has spent well over $600,000 in large scale upgrading of the lot and buildings, as well as spending time and money to eliminate environmental problems on the site. We cleaned up and organized the entire lot, landscaped, graded and have done extensive asphalting. Atlas also has painted, upgraded and modernized the buildings. We fixed the air conditioning and heating systems, installed good - looking, high efficency windows, modernized the offices, and installed safe, adequate, modern lighting and bathrooms. Safe, good - looking, new doors were installed in the shop. The buildings were strengthened structurally and the roofs replaced and repaired. We also installed a safe, modern stairs and totally updated the electricity — all according to code. Sanitary sewers were also installed. Atlas has also spent money eliminating environmental problems on the site. The old, inadequate shop drainage system has been sealed off and eliminated. An old "dump" has been removed according to environmental standards. The extensive asphalting also adds to the environmental protection. We know Minnesota Coaches is a reputable company. They have already spent money modernizing and upgrading their part of our building and lot and plan to spend more. In sum, we support Minnesota Coaches' application. As you know, we have been committed to growth in Eagan since we came here in 1988 and Minnesota Coaches' use is part of the currently ongoing and continuing improvement of our property as we continue to utilize it. Please call me if you have any questions or concerns. Thank you. Sincerely yours, ATLAS OF MINNESOTA, INC. • 'el L. ren 1 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 5, 1995 CASE #: 2- CU- 28 -9 -95 APPLICANT: Minnesota Coaches, Inc. HEARING DATE: October 24, 1995 PROPERTY OWNER: Atlas of Minnesota, Inc. PREPARED BY: Mike Ridley REQUEST: Conditional Use Permit (outdoor storage & bus repair service) LOCATION: 2815 Highway 55 COMPREHENSIVE PLAN: Industrial (IND) ZONING: Limited Industrial (LI) SUMMARY OF REOUEST Minnesota Coaches, Inc. is requesting approval of a Conditional Use Permit to allow outdoor storage of 22 buses and repair service for buses on property platted as parts of Lot 6 and 7, The Robert O'neill Homestead (PID# 10- 53320- 072 -00) located on the south side of Highway 55, west of Highway 149 in the SE 1/4 of Section 2. 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 f 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. (6e12- Planning Report - Mn Coaches CUP October 24, 1995 Paget 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. On November 19, 1991, the City Council adopted the following Standards for Outdoor Storage in all Zoning Districts: 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. Although the Minnesota Coaches request cannot meet each of these standards, the intent of these requirements appears to be met. BACKGROUND/HISTORY The Robert O'Neill Homestead was platted in 1904. The subject site is part of the former McKee Trucking operation and has been owned and used by a number of companies since McKee. The 69 3 Planning Report - Mn Coaches CUP October 24, 1995 Page3 McKee trucking operation dates back at least 40 years. In 1992, City staff informed a representative f Howard Properties that a subdivision would be necessary in order to sell one of the three buildings on the subject site. Howard Properties submitted a Preliminary Subdivision application to subdivide this property in December, 1992. After reviewing the application submittal and performing field inspections to evaluate site conditions, City staff informed the applicant of a number of site improvements that would be necessary to bring the site into compliance with City standards in effect at that time. The applicant formally withdrew the subdivision request in May, 1993; stating financial concerns as the reason. As of early 1993, the property had been the subject of a Minnesota Pollution Control Agency soils contamination cleanup which was largely mitigated, but not yet complete and had not been subject to any parks or trails dedication or made provision for water quality requirements in the past. Atlas of Minnesota, Inc. (which owns Dart Transit, ProStop, and Highway Sales) purchased the site in 1994. City staff recently met with the property owner to discuss the issues regarding existing site conditions and long range development plans for the entire 15 acre site. In addition to purchasing the property last year, Atlas has invested a substantial amount of money on improvements to the site (see attached letter). At this time, Atlas has not formulated a long range plan for the site. EXISTING CONDITIONS The approximately 15 acre site contains three principal buildings associated with three separate uses on the single lot. There are also several pollution monitoring wells on the northwestern portion of the site that will impact future development. The site is relatively flat, largely surfaced with gravel, and does not contain a storm sewer system or any concrete curb & gutter. Storm water run off drains overland onto adjacent properties. Although there are three different uses on this site, the 15 acre parcel is under - utilized compared to typical industrial development. Large gravel surfaced areas of the site are not being used for parking, storage, or staging purposes. A single access to the site is provided in the northwestern comer of the property via a private ingress/egress easement over the adjacent property to the west. The site contains three principal buildings with three separate uses: Highway Sales (semi truck sales and leasing), ProStop Truck Repair, and Kane Transport. All of the existing uses on the site (truck sales and service and truck terminals) are listed as Conditional Uses in the Limited Industrial Zoning District. The City has no records indicating any Conditional Use Permits were ever applied for or granted for this site. The site is located along the south side of Highway 55. The opening of the reconstructed Mendota Bridge last fall has resulted in a significant amount of traffic traveling on this highway corridor /6 V Planning Report - Mn Coaches CUP October 24, 1995 Page 4 through Eagan. Many of the properties located along either side of the highway were developed at least 40 years ago. Development includes a mixture of uses including single family homes, motels, truck terminals, and warehouses. This area is in a state of transition that includes private interest in developing raw land in the area southwest of Interstate 494 and west of Highway 149 and the City's public interest in razing some dilapidated buildings no longer in use on the north side of Highway 55 that present health and safety concerns (Airliner and Spruce motels). Because development in this area occurred a number of years ago, the existing commercial and industrial development generally does not meet current City development standards for paving, concrete curb & gutter, storm sewer, landscaping, and water quality treatment. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Spruce & Airliner Motels/SF residential; zoned PD and designated Commercial PD. South - RR spur line/Villaume Industries; zoned and designated Industrial. East - Vacant/Brown Mpls. Tank; zoned and designated Industrial. West - B.K. McKee, Inc./McKee Enterprises; zoned and designated Industrial. EVALUATION OF REQUEST Although the Minnesota Coaches request pertains only to a small portion of the 15 acre site, a review of the entire site is warranted because the single site contains three principal buildings associated with three separate uses. The City Code allows only one principal building per lot unless the property is zoned Planned Development. The property owner is aware that there are City required site improvements necessary to bring the site in conformance with current standards. This report will itemize all of the substandard site conditions that exist today; however, the most logical approach to. determining what site upgrades should take place, and when, should be based on Atlas' ultimate development plan of the site. Compatibility with Surrounding Area - Minnesota Coaches is requesting approval to allow them to occupy approximately 1/3 of the ProStop building for bus maintenance activities and outdoor storage of up to 22 buses. The site has operated for many years as it does today and the proposed use will not alter the existing character or function of the site. t - The existing parcel is approximately 15 acres in size. Setbacks - All of the buildings meet setback requirements from the site boundary; however, not all of the existing parking and drive aisle setbacks are met from the north and south property lines. Parking - As mentioned previously, the current use of the site is not very intense and there is ample Planning Report - Mn Coaches CUP October 24, 1995 Page 5 space available for truck, trailer, and employee parking. Landscaping - The site does not contain any landscaping and the applicant has not submitted a Landscape Plan. A Landscape Plan should be submitted as part of the ultimate development plan. Grading/Wetlands - There is no grading proposed as part of this conditional use and there are no wetlands on site. Storm Drainage/Water Ouality Most of the storm water runoff from the site drains overland onto adjacent properties on all four sides. This drainage pattern has caused some erosion problems on the warehouse property to the west, the rail road r-o -w to the south, and Highway 55 to the north. Portions of the 15 acre site. are paved while the remainder has a gravel surface. The gravel portions of the site also show signs of erosion which has caused extensive potholes to form. The entire site should ultimately be upgraded to City standards to provide landscaping and to eliminate erosion caused by overland drainage. It may be appropriate, during the interim period between now and future site development, for Atlas to convert unused gravel surfaced portions of the site to grass cover. This will minimize site runoff and potential erosion. Because there are no 'high class' water bodies in the vicinity of this site, the Water Resource Coordinator is not recommending on site ponding to treat the runoff. Utilities - Each of the existing buildings are connected to City sanitary sewer and water; however, watermain should be extended to the southern portion of the site to provide proper hydrant access to the Kane Transport and ProStop buildings. Access - A single access to the site is provided in the northwestern corner of the property via a private ingress /egress easement. Tree Preservation - There are no trees on the site. SUMMARY /CONCLUSION Conditional Use 'Permit; The site is located along Eagan's Highway 55 corridor and has operated for many years as it does today. The proposed use will not alter the 'existing character or function of the site. While the proposed use is consistent with existing and past uses on this site and generally compatible with surrounding land uses, a number of site improvement issues are raised in this report. Planning Report - Mn C aches CUP October 24, 1995 Page 6 Site Improvement In addition to the site's substandard physical conditions, the property should either be subdivided to create separate parcels for each of the three buildings and their necessary parking and staging areas or the property owner should propose a zoning to Planned Development which can accommodate multiple principal uses on a single lot. The property was platted over ninety years ago and the buildings on site are approximately forty years old. Although some portions of the site have been paved, large areas of the site have a gravel surface. Bringing the 15 acre site into conformance with current City standards is a large redevelopment task that will require a substantial economic commitment from the property owner. The City Council has generally stated that development standards should be uniform throughout the City; however, Council has also indicated a willingness to modify standards in some instances involving redevelopment, and allow for phased improvements to achieve compliance. The property owner has not formulated a long range development plan for the site. Because it is not possible to determine how intensely the site will be used, it is premature to require the entire site to be upgraded to current City standards at this tithe. A more reasonable approach would be to require the property owner to submit to the City, an overall conceptual site development plan that will define potential development and/or expansion areas and a schedule for site improvements. ACTION TO BE CONSIDERED To recommend approval /denial of a Conditional Use Permit to allow Minnesota Coaches outdoor storage of up to 22 buses and bus repair service within the ProStop building located at 2815 Highway 55 n parts of Lot 6 and 7, The Robert O'neill Homestead (PID# 10- 53320- 072 -00). Approval subject to the conditions listed below. 1. This permit shall be recorded at Dakota County within 60 days of Council approval. 2. Within a year of Council approval, Atlas of Minnesota, Inc. shall submit a conceptual site development plan for the entire 15 acre site that shall be reviewed by the Advisory Planning Commission acted on by the City Council. 3. The development plan shall conceptually define development and/or expansion areas, proposed site improvements, and an improvement schedule. . _ 4. Within a year of Council approval, the property owner shall establish turf grass on gravel surfaced areas that are not being used for parking, storage, or staging purposes. / 7 FINANCIAL OBLIGATION - 2- CU- 28 -9 -95 Lot 7 and part of Lot 6 . Robert O'Neill Homestead There are pay-off balances of special assessments totaling SO on the parcel for which the conditional use 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 areas, dimensions and land uses contained in die 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': existing fee schedule and the connections proposed to be made to the City's utility system based n the submitted plans. Improvement NONE - 'Rate Quantity Amount This financial obligation is presented for informational purposes and is not a condition for issuance of the conditional use permit. LOCATION ZONING 1-1 (Limited Industrial) COMPREHENSIVE GUIDE_PLAN IND (Industria() 2 - )7c) • ± ^i bDidi �037�'IM O�v r ^ '4�li�i:+� 11� lfL7ULLIYi -. ./ / 6•• i7r Agenda Information Memo November 6, 1995 Eagan City Council Meeting D. FINAL PLANNED DEVELOPMENT - XPRESS LUBE ACTION TO BE CONSIDERED: To approve or deny a Final Planned Development to allow a quick oil change facility on Lot 6, Block 1, Thomas Lake Center, in the Blackhawk Park Planned Development subject to the five (5) conditions recommended by the Advisory Planning Commission. FACTS: ► The Final Planned Development for Lot 6, Block 1, Thomas Lake Center will include a 3- bay, 2100 s.f. quick oil change facility and a 14 stall parking lot, landscaping, signage, lighting and building materials as shown on plans submitted. ► The proposed oil change facility is similar in intensity to surrounding uses and should not generate any more traffic than the existing Texaco station or other businesses in Thomas Lake Shopping Center. ► The developer intends to incorporate existing landscaping along Thomas Center Drive into the proposed landscape scheme which provides parking lot screening and building foundation plantings. ► The building exterior will consist of brick veneer (to match the Texaco station) and a rock faced block foundation. A black sign band will wrap around the top of the building and vertical panels of red finished aluminum will be located at the building entrances on the north and south facades. This color scheme coordinates with Texaco. ► Building signage is proposed on the north, west and south facades. City code only allows such signage on facades facing a public street; in this case, the north and west facades. The developer is requesting a deviation from the sign code to allow signage on the south facade which faces the internal access drive and Texaco. The proposed building signage is well below the size allowed by Code. The developer is also proposing a 4' -2" tall by 6' -8" wide (27.7 s.f.) monument sign and two directional (entry/exit only) signs. ► The Advisory Planning Commission conducted a public hearing on this proposed Final Planned Development at its regular meeting on October 24, 1995. ► The Commission recommends approval of the Final Planned Development subject to the five (5) conditions in the staff report. 7�- ISSUES: No issues or concerns were raised at the meeting. BACKGROUND /ATTACHMENTS: APC minutes of October 24, 1995, pages/through /7( Staff Report, pages f 7c'e through 173 Page 10 October 24, 1995 ADVISORY PLANNING COMMISSION • FINAL PLANNED DEVELOPMENT - BENSON -ORTH ASSOCIATES Chairman Miller opened the next public hearing of the evening regarding a Final Planned Development to allow a quick change oil facility on Lot 6, Block 1, Thomas Lake Center, located on Thomas Center Drive just north of the Texaco Station, in the Sw1/4 of Section 28. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in the City staffs planning report dated October 18, 1995. Ms. Farnham noted the background and history, the existing conditions and the surrounding uses of the subject property. Ms. Farnham further outlined the City staffs evaluation of the applicant's request, noting the applicant is proposing one additional building sign than allowed by City Code. Ms. Farnham concluded that the proposed use is similar in intensity to the existing adjacent Texaco gas station, the proposed landscaping, building materials and signage are compatible with the surrounding development. The representative of the applicant was present and stated that the applicant agrees with all conditions as set forth in the report: Member Carlson moved, Member Wallace seconded, a motion to recommend approval of a Final Planned Development to allow a quick change oil facility on Lot 6, Block 1, Thomas Lake Center, located on Thomas Center Drive just north of the Texaco Station, in the Sw1/4 of Section 28, subject to the following conditions: 1. The Final Planned Development includes a 3 -bay, 2100 s.f quick oil change facility, 14 parking spaces, landscaping, signage, lighting and building materials as shown on plans submitted. 2. Execution of a Final Planned Development Agreement. The following exhibits are necessary for this Agreement: * Final Site Plan * Final Building Elevations and Sign Plan * Final Landscape Plan (signed by Minn. registered Land. Arch or certified nurseryperson * Final Lighting Plan Upon submission of these final plans, provided they are in conformance with the preliminary plans submitted, the Final Planned Development may proceed to the City Council for approval. Page 11 October 24, 1995 ADVISORY PLANNING COMMJSSION 3. The developer shall be required to cap and abandon the existing water service to the site and construct a water service to the site in accordance with City standards. 4. Developer shall provide cash dedication for trails 5. The developer shall provide the City evidence of recorded ingress/egress easements to this property. All approved in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 18, 1995 CASE #: 28.FPD- 1 -9 -95 APPLICANT: Benson -Orth Assoc., Inc. HEARING DATE: Oct. 24, 1995 PROPERTY OWNER: Eagan Center Assoc. PREPARED BY: Julie Farnham REQUEST: A Final Planned Development to allow construction of an Xpress Lube quick oil change facility. LOCATION: Lot 6, Block 1, Thomas Lake Center COMPREHENSIVE PLAN: CSC (Community Shopping Center) ZONING: PD (Planned Development) SUMMARY OF REOUEST Benson -Orth Associates, Inc. is requesting approval of a Final Planned Development to allow construction of an Xpress Lube quick oil change facility on Lot 6, Block 1, Thomas Lake Center in the Blackhawk Park PD. The site is located on the east side of Thomas Center Drive, just north of the Texaco Station in the SW 1/4 of Section 28. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40 Subd. 6, D., Final Development Plans states: "Prior to the construction or the issuance of building permits, the following information shall be approved. This may be approved in stages as development ensues ". 1. Final Plat: This shall be in accordance with Chapter 13 of the City Code and revisions thereto. 2. Final Building Drawings and Specifications: These shall be presented to the Building Inspector for review and recommendation to the Planning Commission and Council. 3. Final Site Plans and Landscape Schedule: These shall be presented to the City staff for review and recommendation to the Planning Commission and Council. These shall be scaled drawings and include all site detail. I Planning Report - Xpress Lube October 24, 1995 Page 2 BACKGROUND/HISTORY The original planned development proposal for the 600 acre Blackhawk Park PD area was submitted to the City in 1972 as "Eagan 500 ". The Blackhawk Park Planned Development Agreement was executed in June 1977 for a 15 year term, expiring in June 1992. Both designated this site -for commercial development (CSC - Community Shopping Center). No previous development has occurred on this lot. To date, no action has been taken to formally terminate the Planned Development. EXISTING CONDITIONS The site is quite flat and appears to have been previously graded. Some perimeter landscaping was installed along Thomas Center Drive. The lot is just north of the Texaco station and just west of Thomas Lake Shopping Center (Snyder Drug Store). Existing drive aisles providing access to the shopping center parking lot from Thomas Center Drive, abut the south and east property lines of the lot. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Lifetime Fitness; zoned PD; guided CSC (Community Shopping Center) South - Texaco station; zoned PD (Planned Development); guided CSC East - Thomas Lake Shopping Center; zoned PD; guided CSC West - undeveloped; zoned PD; guided CSC EVALUATION OF REOUEST If approved, the proposed site plan will constitute the Final Planned Development for Lot 6, Block 1, Thomas Lake Center (Blackhawk Park PD), which requires the developer to submit the following plans: * Final Site Plan * Final Building Elevations and Sign Plan * Final Landscape Plan * Final Lighting Plan Because this property has already been platted, the proposed site plan will achieve Final Planned Development status when it has been reviewed by the Advisory Planning Commission and approved by the City Council and the Final Planned Development Agreement has been: executed. 277. Planning Report - Xpress Lube October 24, 1995 Page 3 Proposed Use - The developer is proposing to construct an Xpress Lube quick oil change facility on this property. The 2100 s.f. facility will consist of three service bays and a 650 s.f. office/waiting area. Xpress Lube is a subsidiary of Texaco. Compatibility with Surrounding Area - The proposed quick oil change facility meets the automobile service station standards outlined in the Zoning Ordinance, including the requirements that access shall orient toward the interior of the shopping center and not directly from periperhal streets. The objective in reviewing conditional uses is to ensure compatibility in terms of intensity of use, traffic volume and other impacts. The proposed oil change facility is similar in intensity to surrounding uses and should not generate any more traffic than the existing Texaco station or other businesses in Thomas Lake Shopping Center. Setbacks - All building and parking setbacks meet or exceed code requirements (30' and 20' or 5', respectively). - -- Parking/Access - City code requires 14 parking spaces based on a retail rate of 1 space per 150 s.f. of building. The proposed site plan includes 14 parking spaces. All stalls and drive aisles meet code requirements for length and width (10'x18' and 24', respectively). Access to the site will be from the existing internal service drive for the shopping center abutting the east and south edges of the lot. As proposed on the site plan, patrons would enter the facility from the east drive aisle and exit from the service bays to the south. Entrances to the site are proposed to align with other existing entrances off the internal drive aisle. The east entry will line up with the service drive aisle north of Thomas Lake Shopping Center and the south exit will line up with the Texaco entrance. Landscape Plan - The developer intends to utilize the existing landscaping along Thomas Center Drive which consists of fairly mature shrub clusters, ornamental trees and evergreens. A few existing shrubs will be removed to accommodate the service bay access drive. The existing landscaping will be supplemented with planting around the interior lot perimeter to screen the parking and service bays, and planting around the building entrance. A large open area to the east of the building will be sodded. A minimal amount of landscaping is proposed in this area as it is intended for potential building expansion. Given limited space, it appears that the building could only be expanded to add one additional service by. This would require an additional 3 _ parking stalls, which could be provided directly east of the building. Staff notes that a building expansion would also require an amendment to the Final Planned Development for this site. An irrigation system exists in the boulevard. The developer intends to install a separate system to irrigate the landscaping and green areas on this site. $uilding Materials - The proposed building exterior will consist of brick veneer to match the brick on Texaco and a rock faced block foundation. A 3' -8" black finished aluminum facia/sign /7t Planning Report - Xpress Lube October 24, 1995 Page 4 band will wrap around the top of the building. Vertical panels of red finished aluminum will be located at the building entrances on the north and south facades. Doors on the service bays will consist of safety glass. Trash/Recycling Enclosure - The trash enclosure is proposed to be attached to the north side .of the building. It will be finished with the same brick veneer and block used on the main building. Signage - The applicant 'is proposing building, signage on the north, west and south facades. City code only allows building signage on facades facing a public street; in this case, the north and west facades. The applicant is requesting a deviation from the sign code to allow signage on the south facade which faces the internal access drive. The proposed building signage ranges in size from 40 to 53 square feet. This is well below the 96 -224 s.f. allowed by code. Sign letters will be red and gold on the black background, similar to Texaco. The applicant is also proposing a monument sign to be located in the south -east corner of the lot. The proposed sign will be 4' -2" tall and 6' -8" wide (27.7 s.f.). The sign face will be 1' -6" wide by 6' -8" long (10 s.f.). The base of the sign is proposed to be brick and rock faced block to match the building. Evergreen shrubs will surround the sign base. In addition, two directional (entry/exit only) signs, 10" x 1' -6" (1.3 s.f.) in size, are proposed at the driveway entrances to the site. All signs must be setback 10 feet from property lines. adin - The grading plan submitted is acceptable. A limited amount of grading will be necessary to prepare the site for development. . Storm Drainage - The storm drainage plan submitted is acceptable. Storm water runoff will be conveyed through existing storm sewer along the east edge of the site which eventually drains to Pond BP -13. Pond BP -13 is classified as a Class 5 Nutrient Trap. Water Ouality/Wetlands - This property was platted prior to the effective date of the water quality ordinance and is therefore not subject to on -site ponding or cash dedication requirements. There are no jurisdictional wetlands within the site. Utilities - The utility plan submitted is acceptable with some modifications. A sanitary sewer service stub of sufficient size, depth and capacity was provided to the site as part of the Thomas Center Drive project. However, the water service stubbed to The site is not of sufficient size. The developer shall be required to cap and abandon this existing service and construct water service to the development in accordance with City standards. Park_Dedication - Park dedication has been fulfilled for this PD. The APRNRC recommended a cash dedication for trails. /79 Planning Report - Xpress Lube October 24, 1995 Pages SUMMARY /CONCLUSION The proposed quick oil change facility is similar in intensity as the existing Texaco station. The proposed landscaping, brick and block building materials and discrete signage are compatible with the adjacent Texaco and Thomas Lake Shopping Center. The proposed development meets the standards for automobile service stations identified in the zoning ordinance. The applicant is requesting a deviation from the Sign Code to allow a sign on the south facade, which faces Texaco, but not a public street. The overall signage proposed for this development is considerably less than allowed by code. ACTION TO BE CONSIDERED A. To recommend approval or denial of the proposed Final Planned Development to construct a quick oil change facility on Lot 6, Block 1, Thomas Lake Center subject to the following conditions: 1. The Final Planned Development includes a 3 -bay, 2100 s.f. quick oil change facility, 14 parking spaces, landscaping, signage, lighting and building materials as shown on plans submitted. 2. Execution of a Final Planned Development Agreement. The following exhibits are necessary for this Agreement: * Final Site Plan . * Final Building Elevations and Sign Plan * Final Landscape Plan (signed by Minn. registered Land. Arch or certified nurseryperson * Final Lighting Plan Upon submission of these final plans, provided they are in conformance with the preliminary plans submitted, the Final PIanned Development may proceed to the City Council for approval. 3. The developer shall be required to cap and abandon the existing water service to the site and construct a water service to the site in accordance with City standards. 4. Cash dedication for trails. 5. The developer shall provide the City evidence of recorded ingress/egress easements to this property. e ROCKY LA. DEERWOOO PATH a blot R • art. • -R • IMAM MP • A A. DIY MOAG ADOw Rx LAKE CARL!, WW L-1 Ws RTES! L/l tcER►ESI V 'III 111ti 1 .1I, F 1ARK PARKVE GOLF GEORGE OMMANN PARK M PL •• AMC /L So. UIp /1. k1 M. Sr 1t1KtTEO R of p�i,Ijt�t FT. ?- spegaL PT. Om HOPI Ff. /1. IY• R. • IL- E4a1 PT. •&- ACTSTOC /1. ah- IOMON* PL IL.. IRAK= /T. tar IiIl4IC. PL 17r MITA R, IL- ABTA P7. N.- MIMTOI IT. M.- STAMM PT. 1'- *LTA PT. LLNCTON WAY LOCATION ZONING PD (Planned Development) COMPREHENSIVE GUIDE PLAN CSC (Community Shopping Center) sy000L UTILITY n�, •sr Yrrr •• 1 •. THOMAS LAIC PARK .4.1.11.01 • • OA. Va. fr f 1 11 t !pi c 11 I 1 0 eis;riltA 9WI19A 1 t If it! I{ 1 r� 1 r la II 1, 1 se,r 1 t 4,0 1 1 Ft si it L 5� » 1 014 41 c e a L 1G f' 3 0 A L.1■1MICA :v 4C /1k (1)� •aw0a� v --- - - - -‘11 a fr 1 1 a • Xelrt22, "' 7 ,s .3/ `J R .. Nit • 1 11 01:.. .114 r • i1 1245 J + :F ~—•' ;:,./ 3 1. N- 1 1 M as N• i i? i, f 1 1. .1 a i r s s s C 5 v z G at L a c j a /sfi 4; ...40 10 II O ti • fl r z.. Ma I. : _ 1. - s 1 • :iiIIinw_ B au Li • • i._I 1 !AL fig fig Spi i GP • 111 i3 ror ..�� Ma _ 1. E :iiIIinw_ B au Li • ii IIWW B ii iii • `s • J 1 g gt 1 Agenda Information Memo November 6, 1995, Eagan City Council Meeting E. RESOLUTION TO PARTICIPATE IN_LIVEABLE COMMUNITIES ACT ACTION TO BE CONSIDERED: Approval of a Resolution electing to participate in the Local Housing Incentives Account program under the Metropolitan Livable Communities Act. FACTS: • The Metropolitan Council is requiring all communities to decide by November 15, 1995 whether or not they intend to participate in the Local Housing Incentive Account Program under the Metropolitan Livable Communities Act . • Each participating Community will need to adopt principles and goals in the form of a • Housing Agreement by December 15, 1996 and an Action Plan to implement those goals by June 30, 1996. • At the October 24 APC meeting, the Commission approved a resolution recommending that the City participate in the Local Housing Incentives Account Program. • If the City decides to participate in the program, a resolution electing to participation must be approved at the November 5 meeting and submitted to the Metropolitan Council. • The City Council will have an opportunity to discuss and adopt principles and goals at the November 21 and December 5 regular council meetings. ATTACHMENTS: • Resolution Electing to Participate in the Livable Communities Program - pa : e • Memo - Metropolitan Livable Communities Program - page /7 p through • APC Minutes of Oct. 24, 1995 - page M-2, RESOLUTION NO. RESOLUTION ELECTING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1996 WHEREAS, the Me tropolitan Livable Communities Act (1995 Minnesota Laws Chapter 255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentives Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, by June 30, 1996, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals; and WHEREAS, the Metropolitan Council must adopt, by resolution after a public hearing, the negotiated affordable and life -cycle housing goals for each municipality by January 15, 1996; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1996, a metropolitan area municipality can participate under Minnesota Statutes section 473.254 only if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1995; (b) the Metropolitan Council and the municipality successfully negotiate affordable and life -cycle housing goals for the municipality; and (c) by January 15, 1996 the Metropolitan Council adopts by resolution the negotiated affordable and life -cycle housing goals for ach municipality;. NOW THEREFORE BE IT RESOLVED THAT the City of Eagan hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during calendar year 1996. By: By: Its Mayor Its Clerk Iiv- comm.act i?q MEMO city of eagan MEMO TO: Mayor Egan and City Council Members THOU: Peggy A. Reichert, Community Development Director FROM: Lisa J. Freese, Senior Planner DATE: November 2, 1995 SUBJECT: E. Metropolitan Livable Communities Program DESCRIPTION OF THE PROGRAM The Metropolitan Livable Communities Act was passed by the Minnesota Legislature during the last legislative session. The Act establishes a Metropolitan Livable Communities Fund which consists of a Tax Base Revitalization Account; a Livable Communities Demonstration Account; and a Local Housing Incentives Account. Cities are not required to participate in the programs established by this act, but there are incentives and funding that could be available to those who participate. The Act established a formula for an "Affordable and Life Cycle Housing Opportunities Amount" (ALOHA amount). This ALOHA amount, which is determined annually, is the dollar amount that each participating City must spend to create affordable and Iife- cycle housing or to maintain existing affordable and Iifecycle housing. This ALOHA amount can be from any funding source available to the City, not just property taxes. In the initial year of the program (1996) an ALOHA amount is not required. In 1997, the City of Eagan's estimated amount is $97,063. To illustrate how Eagan might satisfy this requirement, if CDBG funding remains constant in the future, the City could utilize all of its CDBG funds towards affordable and Iifecycle housing efforts as its ALOHA contribution. The Metropolitan Council is asking all communities to decide by November 15, 1995 if they wish to participate in the program. A resolution must be passed by the City Council if Eagan wants to participate. To meet that deadline the City Council will need to take action by the November 6, 1995 regular meeting. A draft resolution is included in the packet. Each participating community will need to negotiate affordable and Iifecycle housing goals for the period from 1996 to 2010. The Metropolitan Council has developed benchmark indicators for communities of similar location and stage of development. The program asks Cities to make their best effort, given market conditions and Livable Communities Memo Page 2 resource availability, to remain within or make progress towards the benchmarks. All communities electing to participate in the program are to adopt goals in the format of a housing agreement by December 14 or 15, 1995. The participating Cities will need to develop an action plan by June 30, 1996. EXPLANATION OF BENCHMARKS The Metropolitan Councils uses benchmarks in an attempt to measure affordability, Iifecycle housing and density. "Affordable" housing is defined as housing that costs no more that 30 percent of a family's income. For owner occupied housing, this income amount is 80 percent of median. In 1994 it would be a home costing approximately $115,000. The City of Eagan has 9,805 homes or 62 percent of it's owner occupied units that meet this test. For rental housing, this income amount is 50 percent of median. In 1990, this was approximately $500 per month and Eagan had 1,086 units or 22 percent of the total number of rental units that met this criteria. Eagan's index is below the affordability benchmarks for both ownership and rental housing. "Life cycle" housing is considered housing that is available for people at all stages of their lives, offering a choice and variety of housing types and cost to accommodate people's changing needs and preferences as their incomes and circumstances change. The benchmarks that the Metropolitan Council is using to measure Life Cycle housing include the percentage of the city's housing stock that is non - single family detached and the owner /renter mix of the entire housing stock. Eagan's index of 46 percent non - single family detached housing is considerably higher than the housing type benchmark range of 35 to 38 percent. The City's homeowner rate (66 percent) is lower than the benchmark range of 72 to 75 percent and the renter rate (34 percent) is higher than the benchmark range of 25 to 28 percent. Eagan's density index for both single family and multifamily housing is slightly below the benchmark range. For single family the City index is 1.8 units per acre with the benchmark range of 1.9 to 2.1 .units per acre. For multifamily the City index is 9 units per acre with a benchmark of 10 units per acre. The data used to develop this particular index was developed by the Metropolitan Council with no local review. PLANNING COMMISSION CONSIDERATION The Planning Commission has considered the Livable Communities program at their October workshop and passed a resolution of support at their October 24 regular meeting. They will be reviewing principles and goals for the City at the November 28 regular meeting. ACTION TO CONSIDER Approval of a Resolution electing to participate in the Local Housing Incentives Account program under the Metropolitan Livable Communities Act. Jt f,V2LP Lisa J. Freese, Senior Planner (R/ Page 17 October 24, 1995 ADVISORY PLANNING COMMISSION OTHER ACTION ITEMS LIVABLE COMMUNITIES ACT Senior Planner Lisa Freese introduced this item. Ms. Freese highlighted the information presented in her memorandum to the Advisory Planning Commission, dated October 19, 1995. She Stated that the action'to be considered by the Commission was to adopt or reject a resolution recommending the City's participation in the local housing incentives account program under the Metropolitan Livable Communities Act. Community Development Director Reichert stated that the City Council is considering participating in the program. The Commission members briefly discussed the financial significance of the program's intent. Member Isberg explained the background, the purpose and intent of the program. Member Wallace moved, Member Carlson seconded, a motion to adopt a resolution to the City Council. All approved in favor. I 9 a Agenda Information Memo November 6, 1995 Eagan City Council Meeting F. REGISTER RESALE - CONSIDER FINANCIAL ASSISTANCE ACTION TO BE CONSIDERED: To approve or deny a Resolution authorizing the execution and delivery of a Joint Powers Agreement with the Port Authority of the City of St. Paul relating to the financing; the project to be located in Eagan, Minnesota; and authorizing the execution of a Guarantee Agreement with respect to such financing. FACTS ► Register Resale is proposing to construct a $1.5 million facility in Eagan and is seeking 90% financing through Eastern Heights Bank. To secure this financing, the City of St. Paul Port Authority and the City of Eagan would be guaranteeing a portion of that loan. The City's guarantee would be a maximum 10 %, or $135,000, whichever is less. The City's guarantee would run for the_ first five years of the fifteen year loan. The City would participate through the Port Authority's business development fmancing program. ► ' Kirk Duholm, an Eagan resident and banker serving on the Economic Development Commission, has reviewed the company's financial statements and provided a memorandum to the City Council concerning his findings. ► The City Attorney, Mike Dougherty, has also reviewed the proposal and has provided information to the Council in an attached memorandum. ISSUES See staff memorandum attached. BACKGROUND/ATTACHMENTS (1) Staff memorandum, pages l r ((through (( 3 , Letter from Mr. David Hoeffel, President of Register Resale, pag 7i (/_l _ 7 Memorandum from Kirk Duholm, Economic Development Commission, page / ' • Memorandum from City Attorney's Office, page$' -201 2 0/ Correspondence from St. Paul Port Authority, pageso .2, thrrough)(o. Resolution and Draft Guarantee Agreement, pages p3 o 7 througl2 0 . l MEMO — city of eagan TO: MAYOR & CITY COUNCILMEMBERS FROM: PEGGY A. REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: NOVEMBER 3, 1995 SUBJECT: REGISTER RESALE FINANCIAL ASSISTANCE The City of Eagan is being asked to consider providing financial assistance to Register Resale, an Eagan based corporation desiring to consolidate its existing operations in a new 40,000 sq. ft. office /warehouse production facility to be located on Trapp Road in the Eagandale Industrial Park. The City's financial assistance would be provided through participation in the business development financing program of the St. Paul Port Authority. Essentially, Register Resale is proposing to construct a $1.5 million facility. They are seeking 90% financing through Eastern Heights Bank. The Port Authority and the City would be guaranteeing a portion of that loan. The City's guarantee would be a maximum 10 %, or $135,000, whichever is Tess. The City's guarantee will run for the first five years of the fifteen year loan. ISSUES In evaluating this type of financial assistance, there are two basic issues for the Council to consider. The first issue is whether the City should be involved in this type of financial assistance in any instance. The second issue is whether this particular development proposal is a sound investment for the City. Regarding the general question of City financial support of this nature, the City Council discussed the pros and cons at its last Council meeting. The argument against City participation includes basic philosophy that it is an inappropriate role for City government. The argument in favor tends to be that, for certain types of businesses that are already located here in Eagan, the City needs to participate to encourage business retention and xpansion; without such incentives, good businesses will be attracted by necessity to other municipalities offering greater incentives. If the Council determines that provision of this type of financial assistance is appropriate under some circumstances, the question then is whether the Register R sale project is such a circumstance. To provide additional information for the Council to consider, we have asked Kirk Duholm of the City's Economic Development Commission to review the financial health of Register Resale. A memorandum from Mr. Duholm is enclosed. Essentially, he reports that the company is very fast growing and looks very solid. Mr. Duholm also notes that this guarantee is unsecured. The Eastern Heights Bank and St. Paul Port Authority have the assets of the building as collateral, but the City does not participate in the security position. Any recourse back to Register Resale would be unsecured and subordinate to claims by the bank and the Port Authority; however, based on the history of this company, the risk of default looks minimal. In addition, the City would be benefitting from the taxes generated over the course of the loan. It is estimated that if the City were to lose the entire $135,000, this would be recovered by about eight years of tax revenues. Another consideration is what will happen if this financial assistance is not provided to Register Resale. A letter from the President, Mr. David Hoeffel, is enclosed which speaks to this issue. Essentially, without this financial assistance, the company will only be able to secure 70% financing. At that level, the project is unlikely to proceed and the company will need to seek other alternatives likely in other communities. The company is extremely interested in staying here in Eagan which has been its home base from inception, but does feel that it needs the 90% financing to carry out that program. Staff would note that Register Resale is the type of manufacturing company that provides both the type of jobs and tax base attractive to municipalities. We have also asked the City Attorneys Office to review the participation agreements; a memorandum from Mike Dougherty is enclosed. We are recommending that the City participation be conditioned on a proviso that the loan agreement cannot be renegotiated during the five years of the City's guarantee and that the building itself remain as collateral for this loan only and not become attached as collateral to other loans of the corporation or limited partnership. SUMMARY In summary, this type of financial assistance is new for the City of Eagan, as well as the St. Paul Port Authority. If the Council believes that some minimal financial assistance is appropriate in some cases to support the retention and expansion of Eagan businesses, the Register Resale project would seem to fit that case. The company appears to be financially sound, is in a growth industry, and has a good growth record. Director of Community Development PARrs Enc. f REGISTER RESALE November 2, 1995 City of Eagan 3830 Pilot Knob Road Eagan, MN. 55122 Attention: City Council, 2020 Silver Bell Road Eagan, Minnes to SS 122 (800) 726-3154 (612) 454.0383 FAX (612)454.2359 571 Tollgate Road Elgin, Illinois 60123 (800) 546 -9559 (708) 622 -9070 FAX (708) 622 -9170 328 First Street Collingwood, Ontario L9Y I B4 (800) 951 -5222 (705) 444 -5225 FAX (705) 444-9111 Again, thank you for your time -and additional consideration of R2 Corporation. I would like to provide some additional information and comments regarding our proposed building and expansion project. Simply put, R2 Corporation (R2) needs the City of Eagan's participation in the project for it to materialize. With the City of Eagan's limited participation R2 will be in a position to move forward and expand our business within the City. Furthermore, it enables both R2 and the City of Eagan to participate in a new and innovative partnership which clearly sends a positive message to the Eagan business community: the City of Eagan's acknowledgement and willingness to retain quality business and to foster growth within Eagan. As you are aware, R2 has been in Eagan for eight years. The site R2 intends to develop is a perfect fit for not only R2 but for Eagan. With the five level office building to the west and warehousing -type projects proposed to the east, the R2 facility is an ideal transition building. Our intent is to build an aesthetically pleasing and professional building, an asset to the area. While the land transaction is nearly complete, closing will occur pending final financing decisions which include the City's participation. - - In the event the City elects not to provide the nominal participation required for this project, the expansion is in real jeopardy. R2 will Earning Your Business...Every Day not be able to utilize this financing and as a result, will be forced to reexamine other less desirable options. However, with the City of Eagan's endorsement, R2 will be able to expand our facilities, remain in Eagan, have additional capital available for operational growth, offer greater employment opportunities and of course provide tax revenues. In summary, R2 looks forward to our future with extreme confidence and optimism.. We trust we can rely on the City of Eagan to assist us as we go forward. My Best Regards, David R. Hoeffel President -R2 Corporation. (q7 612 851 5694 Oct.. 31.'95 10:27 0000 FIRSTAR ID-WHOLE 612 - 651 -5694 Firstar Bank of Minnesota, N.A. FIRST ^..R P. 2 TO: Peggy Reichert Director of Community Development FROM: Kirk Duholm Economic Development Commission DATE: October 30, 1995 . SUBJECT: Register Resale Corporation Port Authority Guaranty You have requested that I review financial information on Register Resale Corporation and offer my comments concerning their financial condition and the level of risk associated with Eagan's guaranty to the Port Authority. Along with three and one half years of financial statements you have also sent me a copy of the proposed documentation between Eagan and the Port Authority. Based on historic performance Register Resale appears to be very sound. Both revenues and earnings have grown dramatically and are up again through eight months of this year. This kind of growth requires retention of earnings to keep the balance sheet strong. So far equity has grown from $688,000 in 1992 to $1,389,000 through August 1995. With the projected growth to $25,000,000 in annual revenues by 1999, equity will have to continue to grow by retention of earnings or other capital injections. This risk can be controlled by loan covenants between the bank (Eastern Heights) and Register Resale. This loan documentation was not provided for review. The risk for the City of Eagan is-in the $135,000 guaranty to the Port Authority for five years. This guaranty could be called if there is a default by Register Resale in their loan with Eastern Heights Bank and the Port Authority. It should be noted that this is an unsecured guaranty. The Bank and Port Authority have assets as collateral but the City does not participate in this security position. Any recourse back to Register Resale would be unsecured and subordinate to claims by the Bank and Port Authority. In summary, Register Resale's future looks good based on their history. The risk for the City is in a default over the next five years in Register Resale's loan. If there were a default and call on the guaranty, there would very likely be no recovery. Kirk S. Duholm, EDC 612 851 5694 Oct,. 31 '95 10:26 0000 FIRSTAR D -WHOLE 6i2 -e51 -694 Financial Summary Register Resale Corporation (Sub S- Corp)* 1992 1993 1994 08/95(8 months) Sales 3.4MM 6.1 MM 8.9MM 7.8MM EBT .SMM .8MM .9MM .9MM Equity 688M 1024M 1326M 1389M Change in Equity - - - - - -- +336 +302 +63 Leverage .1 to 1 .6 to 1 .6 to 1 1.8 to 1 *Sub -S Corporation Earnings are tax liabilities for the owners who most likely draw dividends to meet this personal tax liability. . 3 SENT BY: 612 432 3780 11- 3 -95 ; 1 :44PM ; SEVERSON SHELDON-) 612 681 4300;# 2/ 3 MEMORANDUM '1'O: Peggy A. Reichert, Community Development Director FROM: Michael G. Dougherty, City Attorney DATE: November 3, 1995 RE: City of Eagan and St. Paul Port Authority Joint Powers Agreement and Guarantee Our File No. 206 -13576 1 have reviewed the proposed Resolution, Joint Powers Agreement and Guarantee Agreement that was prepared by the St :Paul Port Authority. The proposed documents correspond to a business development financing program that is initiated by the St. Paul Port Authority. Under the proposed Agreement, a loan in the principal amount of approximately $1,350,000.00 would be made by the Eastern Heights Bank to R2 Investments, LLP, a Limited liability partnership. The loan proceeds would be used to construct a 40,000 square -foot facility which would be located at Trapp Road in Eagandale Office Park. The Port Authority would participate in the financing in the approximate amount of $375,000.00 and the City would guarantee, for a period of five years, an amount equal to the lesser of $135,000.00 or 10% of the principal amount outstanding under the loan. The following are my comments with regard to the proposed documents. 1. The loan documents and related documents have not been produced and should be reviewed by our office prior to execution; 2. The City is not receiving any formal security under the arrangement and is simply a Guarantor of the lesser of $135,000.00 or 10% of the loan amount; 3. The proposed guaranty under Section 4 of the Joint Powers .Agreement provides that the guaranty is triggered upon an "Event of Default" as defined under the loan documents. This amount is payable over a period of five years with interest at the rate of interest borne by the financing. We need to review the loan documents to determine the definition of "Event of Default." We should probably include language in the Joint Powers Agreement that would provide for a cure period of 30 to 90 days before the City's guaranty is triggered; SENT BY= 612 432 3780 11- 3 -95 ; 1 :45PM ; SEVERSON SHEL.DON-, 612 681 4300;# 3/ 3 4. With regard to the Guaranty Agreement, the Agreement itself is quite broad and the City is essentially waiving any rights it may have to contcst the Guaranty. In essence, it is an absolute and unconditional guarantee. In addition, there is language in the Guarantee which allows the Bank to restructure the loan amount without any prior notice to the City. In short, the Bank could provide for interest only payments for a period of five years thereby maintaining the City's guaranty at $135,000.00. I have left a message with the Port Authority regarding this point. 5. With regard to the loan itself, language within the Agreement should restrict the City's guarantee to only the Note, which should not be tied to any other indebtedness. 6. Finally, the Resolution to be approved by the Council should be subject to modifications to the loan-documents as deemed reasonably necessary by the City Attorney and Mayor. Please let me know if you would like anything further on this matter. MGD /wkt FAX (612) 223 -5198 PORT AUTHORITY OF THE CITY OF SAINT PAUL TOLL FREE (800) 328 -8417 1900 LANDMARK TOWERS • 345 ST. PETER STREET • ST. PAUL, MN 55102 -1661 • PHONE (612) 224 -5686 October 23, 1995 Ms. Peggy Reichert Director of Community Development City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: CITY OF EAGAN AND SAINT PAUL PORT AUTHORITY BUSINESS DEVELOPMENT FINANCING PROGRAM PARTNERSHIP REGISTER RESALE PROJECT Dear Peggy: I want to thank you and Eagan's City Council Members for allowing the Saint Paul Port Authority to present its Business Development Financing (BDF) Program to the City Council this past Tuesday. Based on the discussion by the City Council, it is my impression that the Program was generally well received and some good policy issues raised. I would like to provide some general information on those policy issues regarding economic development. PROGRAM CONTEXT In the range of government assistance to expanding companies, the City of Eagan's participation in the BDF Program is minimal. For context, cities often provide outright grants to qualifying businesses in the form of free land, grants, and tax increment financing. In contrast, using the BDF Program, businesses get a loan, not a grant. In addition, the City of Eagan advances no funds, but provides a guarantee for five years. Often, cities provide low interest loans where the difference between a market interest rate and the low interest rate would be considered a grant. That again is not the case here. With this guarantee structure, Eagan does not even incur an interest expense on loaned funds. ac-a- Ms. Peggy Reichert October 23, 1995 Page 2 THE PORT AUTHORITY IS SELECTIVE IN THE TYPES OF COMPANIES IT ASSISTS The Saint Paul Port Authority does not offer its BDF Program to any company. The company must meet several hurdles in order to be considered for BDF financing. We assure these criteria are met when we bring a project to an East Metro Community for support. The Port Authority's criteria include: • Quality building construction: metal sheds, "pole barns" and Butler buildings are generally not allowed. • Significant job creation relative to the building size: The Port Authority seeks at least one job per 1,000 Sq. Ft. of building space. • Living wage jQb Average wage rates should be $8.00 per hour or higher. • Manufacturing or industrial business activity: Low density uses, such as trucking companies, are not considered. • Financial stability: Companies must demonstrate their financial stability through a rigorous underwriting process, and the Port Authority shares the financial information with the East Metro community for their own review as well. • Meet all local ordinances and requirements: The company must conform to all City zoning and planning requirements. PROPERTY TAX BENEFITS TO EAST METRO COMMUNITY Although companies using the Port Authority's BDF Program outside of Saint Paul are required to hire 30% of its new hires from the City of Saint Paul, 100% of the property taxes created by the new project go to the local taxing jurisdictions. Using Register Resale as an example, I estimate-that its proposed building may generate about $80,000 per year in new taxes. This means that the local jurisdictions would receive $400,000 over the first five years. ao3 Ms. Peggy Reichert October 23, 1995 Page 3 For your review, I am enclosing a Resolution, Joint Powers Agreement, and the five year Guarantee Agreement that, subject to the City's review and approval, would be signed between the City of Eagan and the Saint Paul Port Authority. If you need any additional information, or have any questions, please feel free to give Greg Drehmel or myself a call. Thank you for your consideration and review of this program and the Register Resale project in particular. Sincerely, . :y f/� David M. Stokes Vice President DMS:sjs cc: Lorrie Louder Greg Drehmel Enclosure pe99Y20 NOV -02 -95 THU 05:26 PM 612223519B FAX NO. 6122235198 P. 02 FAX (612) 223 -5198 PORT AUTHORITY OF THE CITY OF SAINT PAUL TOLL FREF (800) 328 -8417 1900 LANDMARK TOWERS • 345 ST. PETER STREET • ST. PAUL MN 55102 -1661 • PHONE (612) 224 -5686 Ms. Peggy Reichert Director of Community Development City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 • November 2, 1995 RE: CITY OF EAGAN AND SAINT PAUL PORT AUTHORITY BUSINESS DEVELOPMENT FINANCING PROGRAM PARTNERSHIP REGISTER RESALE PROJECT Dear Peggy: I want to provide you with additional information on the Register Resale project. For your review, please find attached a letter from the Port Authority to Dennis Falkum of Eastern Heights Bank providing the term sheet for financing the Register Resale project. The loan agreement for this transaction will be drafted after the project is approved, and the loan agreement will be provided to you as soon as it becomes available. In addition, David Hoeffel, President of Register Resale, has informed me that he will be providing to you additional information on his financing relationship between Register Resale and the bank shortly. I would also like to share with you some of the significant aspects of assisting Register Resale in conjunction with the Port Authority's financing program: The Qi y of Eagan_will receive additional tax base. Assuming the project generates about $80,000 per year in new taxes (this is an assumption and is not based upon a determination by Dakota County) and the City receives 20% of the taxes generated, the City would be fully repaid the amount of its original guarantee in just over eight years, whether or not the guarantee is drawn upon. The guarantee decreases over time asjF a principal on the IQan_is repaid. abr f. RESOLUTION NO. Authorizing the execution and delivery of a Joint Powers Agreement with the Port Authority of the City of Saint Paul relating to the financing of a project to be located in Eagan, Minnesota, and authorizing the execution of a Guaranty Agreement with respect to such financing. WHEREAS, the City of Eagan (the "City ") has received a proposal from R2 Investments, LLP (the "Company ") whereby the Company would agree to build and equip a 40,000 square foot facility to be located at Trapp Road in Eagandale Office Park, and to be leased to Register Resale Corporation (the "Project "); and WHEREAS, financing for the Project is to be provided by Eastern Heights Bank (the "Bank ") in an amount anticipated to be $1,350,000, in cooperation with the Port Authority of the City of Saint Paul (the "Port Authority "), acting. through its Business Development Finance Program; and WHEREAS, a condition to the Porf Authority's participation in the proposed.financing is receipt by the Port Authority of a guarantee from the City in an amount equal to 10% of the financing provided for the Project by the Bank (initially $135,000), which guarantee shall be in effect for a period of five years; and WHEREAS, the City has determined that significant benefits will inure to the residents of the City from the financing and resultant operation of the Project, including but not limited to, increased tax base, job creation, and other benefits from a quality industrial project to be located in the City; and WHEREAS, pursuant to Minnesota Statutes Section 469.155, subdivision 9, the City may enter into and perform contracts and agreements with other political subdivisions, including the Port Authority, for or concerning the financing of a project such as the Project; and WHEREAS, to effectuate the powers granted to the Port Authority and the City, it is necessary and desirable for the Port Authority and the City to enter into a joint powers agreement meeting the requirements of Minnesota Statutes, Section 471.59, providing for the financing of the Project, and the City's guarantee of a portion thereof. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA, AS FOLLOWS: 1. The forms of the Joint Powers Agreement and the Guaranty Agreement to be entered into between the Port Authority and the City are hereby approved substantially in the forms thereof submitted and on file in the offices of the City. 2. The Mayor of the City of Eagan, or such other officer as may be appropriate in the absence of the Mayor, is hereby authorized and directed to execute the Joint Powers 349225.4 6122235198 NOV -02 -95 THU 05 :27 PM Ms. Peggy Reichert November 2, 1995 Page -2- FAX NO. 6122235198 P. 03 • Eagao _gets_ significant taxes. given _the size_ of the parcel. This project proposes a high quality building with good density (the building will cover 20% of the parcel). This is in contrast to other types of businesses, such as trucking, or trucking related, companies that may have significantly smaller, Tess expensive buildings on larger parcels of land. • Without the assistance frgm the City of Eagan. the company will_ not be able tQ_obtain this financing structure which they need to continue _their growth. The proposed financing structure, using the Port Authority's BDF Program and Eagan's participation, will allow the company to deploy its assets into its working capital needs to fuel their continued growth, Instead of tying up significant assets in the real estate. • • • d - onorn' de - o • m - nt o• • ortu "� . With the limited, short term, financial exposure for Eagan through the BDF Program, this project is a good opportunity for Eagan to incrementally become involved in economic development activities. Thank you for your consideration of the Port Authority's BDF Program and the Register Resale project in particular. Please give me a call if you have any questions. David Stokes attach. cc: Lorrie Louder Greg Drehmel Agreement and the Guaranty Agreement in substantially the forms submitted (as modified in accordance with paragraph 4), together with any other documents or certificates which, in the opinion of Counsel to the Port Authority and the City Attorney of the City, are necessary to effectuate the approvals herein given. 3. Except as provided in the Joint Powers Agreement and the Guaranty Agreement, nothing in this resolution shall create a pecuniary liability of the City and the full faith and credit of the City shall not be pledged or in any way responsible for any obligation or agreement of the Port Authority or the Company with respect to the Project or any fmancing provided therefor. Nothing herein is intended to . extend any other approval with respect to the Project and the City shall retain all powers and jurisdiction over matters of local concern relating to the Project, including without limitation, issues of planning, zoning, land usage, building laws and codes, sanitation, and compliance with all other applicable City codes and ordinances. 4. Approval of the Joint Powers Agreement and Guaranty Agreement constitute the approval of such documents, in substantially the forms submitted to the City Council in connection with this Resolution, with such modifications and amendments as are necessary to effectuate the transactions contemplated herein and therein, and are approved by the President of the Port Authority and the of the City, with execution being conclusive evidence of approval of such modifications. Adopted: Attest: Its 349215.1 2 CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA By Its Mayor JOINT POWERS AGREEMENT This Joint Powers Agreement (the "Agreement "), dated as of November _, 1995, made and entered into by and between the Port Authority of the City of Saint Paul, Minnesota (the "Port Authority") and the City of Eagan, Minnesota (the "City"): RECITALS • WHEREAS, pursuant to Section 469.155, Subd. 8 of the Municipal Industrial Development Act (Minnesota Statutes, Sections 469.148 through 469.1651, as amended - the "Act "), any Municipality (as defined in the Act) and any Redevelopment Agency (as defined in the Act) may make such contracts and execute such instruments _as may be necessary or convenient in the exercise of the powers granted in the Act; and WHEREAS, the Port Authority is a Redevelopment Agency (as defined in the Act) and the City is a Municipality (as defined in the Act); and WHEREAS, the Port Authority is engaged in a governmental program for providing financing in the City of Saint Paul and the east metro area to a substantial number of persons representing the general public, by making loans to such persons through its Business Development Finance Program and other such programs, and in the process of making and monitoring such financings the Port Authority has developed a high degree of financial expertise; and WHEREAS, it has been proposed by R2 Investments, LLP, a limited liability partnership (the "Company ") that the Port Authority participate in the fmancing of the acquisition, construction and equipping by the Company of a 40,000 square foot facility, to be located at Trapp Road in Eagandale Office Park within the corporate boundaries of the City (the "Project "), which financing is to be provided by Eastern Heights Bank (the "Bank") in the approximate principal amount of $1,350,000; and WHEREAS, it is anticipated that the Port Authority's participation in this fmancing will be in the amount of approximately $375,000; and WHEREAS, both the Port Authority and the City have determined that significant benefits will inure to the residents of the City of Saint Paul, the City, and the east metro area from the fmancing and resultant operations of the Project, and in order to promote those benefits: (a) the Port Authority has agreed to participate in the financing, and to cause the development of the Project in the City; and (b) the City has agreed to provide a guaranty to the Port Authority for a period of five years in an amount equal to 10% of the financing to be provided to the Company by the Bank (such Guaranty originally anticipated to be in the amount of $1-35,000), all on the terms and conditions set forth in this Agreement and the separate Guaranty Agreement between the City and the Port Authority dated as of the date hereof (the "Guaranty); and 249206.4 WHEREAS, Minnesota Statutes, Section 471.59, as amended (the "Joint Powers Act "), provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, and that the agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating governmental units; and WHEREAS, each of the Port Authority and the City are "governmental units" within the meaning of the Act and each have the power to exercise all powers under the Act; and WHEREAS, each of the governing bodies of the Port Authority (acting through its Loan Committee) and the City have adopted resolutions approving the fmancing the Project and have authorized the execution and delivery of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein made, the parties to this Agreement agree as follows: 1. Purpose of Agreement. The purpose of this Agreement is to provide for the fmancing of the Project by the Port Authority. 2. Manner of Exercise. The Port Authority shall undertake all activities necessary and convenient in furtherance of the financing of the Project by the Bank and the participation in the financing by the Port Authority; including, without limitation: 349266.4 (a) the adoption, approval and execution of such resolutions, documents and agreements as shall be necessary or convenient to give effect to the transactions contemplated by such resolutions, documents or agreements, including but not limited to this Agreement, the Guaranty, a Participation Agreement (the "Participation Agreement ") dated as of the date hereof between the Bank and the Port Authority, and an Employment Contract (the "Employment Contract ") dated as of the date hereof between the Port Authority and the Company; (b) the execution and delivery by the Company of a Note, Loan Agreement, Mortgage and Assignment (together with any other documents required by the Bank, the "Loan Documents ") and the Employment Contract whereby the Company will, among other things, agree to (i) make payments in an amount calculated to be sufficient to pay principal of, prepayment premium, if any, and interest on the financing; (ii) undertake the completion of the Project; (iii) undertake to operate and maintain the Project in a manner suitable for the operation and maintenance of similar facilities, and in accordance with all zoning or other legal requirements imposed by the City; and (iv) undertake to hire Saint Paul residents in accordance with the policies of the Port Authority's Business Development Finance Program; and 2 (c) the monitoring and enforcement of all agreements contained in the Loan Documents, the Employment Contract and all other documents and agreements entered into or otherwise relating to the financing. 3. Financial Responsibility. Except as provided in paragraph 4, below, the City shall have no liability with respect to the repayment of the fmancing, which shall be the exclusive obligation of the Company payable solely from the proceeds, revenues and other amounts pledged thereto pursuant to the terms of the Loan Documents. To that end, and except as provided in the Guaranty, the Port Authority hereby agrees to indemnify and hold harmless the City from and against any claims or losses of the City arising out of the failure of the Company to pay principal of, premiums, if any, and interest on the fmancing; provided, however that, nothing herein shall be construed to provide indemnity for any claims or losses which might arise by virtue of the City's exercise of its governmental powers in connection with the Project. The Port Authority and the City shall incur no obligations or liabilities to each other (except as provided in the Guaranty) as a result of the acquisition, construction, operation and use of the Project by the Company or any of its successors or assigns. 4. City Guaranty. In recognition of the significant benefits that will inure to the residents of the City through the financing and resultant operations of the Project, the City hereby agrees to execute the Guaranty, in favor of the Port Authority, pursuant to which the City will guarantee payment to the Port Authority for a period of five years of an amount equal to 10% of the financing to be provided to the Company by the Bank in connection with the Project, which guarantee is anticipated to be in the original principal amount of $135,000. The Guaranty provides that, if an Event of Default occurs under the Loan Documents, the amount guaranteed by the City will be immediately due to the Port Authority, payable over a period of five years, beginning on the first day of the month next succeeding the date on which the Event of Default occurs, with interest at the rate of interest borne by the financing, but that if an Event of Default does not occur under the Loan Documents during the five year period immediately following execution of the Loan Documents, the Guaranty will be terminated at the end of that five year period. 5. Costs and Expenses; Fees. All costs and expenses incurred by the City and the Port Authority in connection with the authorization, execution and delivery of this Agreement, the Loan Documents and any other documents related to the financing shall be paid by the Company. 6. No Other Rights or Obligations. The City acknowledges that its rights and obligations with respect to the financing of the Project are limited to the provisions of this Agreement and the Guaranty. 7. Amendment. This Agreement may be amended by the Port Authority and the City, at any time, by instrument duly authorized and executed by both of them; provided that, no amendment may be entered into, if the effect thereof would be to impair the rights of the Bank, unless the Bank (or any successor lender) has consented to such amendment. 34920.4 3 at 1 - 8. Termination. This Agreement may not be terminated by either party so long as any amounts remain outstanding under the Loan Documents. IN WITNESS WHEREOF, duly authorized officers of the Port Authority and the City have executed this Agreement as of the date first above written. PORT AUTHORITY OF THE CITY OF SAINT PAUL By Chair By Secretary By 349266.4 4 CITY OF EAGAN, MINNESOTA 4 a�a GUARANTY AGREEMENT from CITY OF EAGAN, MINNESOTA as Guarantor, in favor of: PORT AUTHORITY OF THE CITY OF SAINT PAUL Dated as of November _, 1995 X13 THIS GUARANTY AGREEMENT, made and entered into as of November ,1995 (the "Guaranty "), from the City of Eagan, a municipality existing under the laws of the State of Minnesota, as Guarantor (the "Guarantor "), in favor of the Port Authority of the City of Saint Paul, a public body corporate and politic of the State of Minnesota, duly organized and existing under the laws of the State of Minnesota (the "Authority "). WITNESSE.TH: WHEREAS, on October 18, 1995 the Loan Committee of the Authority adopted a resolution (the "Authority Resolution "), authorizing participation by the Authority in the financing of the acquisition, construction and equipping by R2 Investments, LLP (the "Company ") of a 40,000 square foot facility located at Trapp Road in Eagandale Office Park in the City of Eagan (the "Project "), which financing is to be provided by Eastern Heights Bank (the "Bank ") in the approximate principal amount of $1,350,000; and WHEREAS, pursuant to Resolution No. _ adopted on November 6, 1995 (the "City Resolution "), the City Council of the Guarantor authorized the execution and delivery by the Guarantor of this Guaranty Agreement and a Joint Powers Agreement dated as of the date hereof between the Guarantor and the Authority; and WHEREAS, the Company will enter into a Note, Loan Agreement, Security Agreement, Mortgage and Assignment and the Authority will enter into a Participation Agreement with the Bank (collectively, the "Loan Documents ") for purposes of providing financing for the Project; and WHEREAS, the financing and resultant operations of the Project within the boundaries of the Guarantor will result in significant benefits to the Guarantor and the. residents of the City of Eagan; and WHEREAS, the execution of this Guaranty is a precondition to the Authority's participation in this fmancing and the Guarantor desires to execute this Guaranty as an inducement to the Authority to participate in the fmancing of the Project to be provided by the Bank. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the Guarantor does hereby covenant and agree with the Authority as follows: SECTION 1. Guaranty. The Guarantor hereby absolutely and unconditionally guarantees to the Authority the full and prompt payment of (a) all amounts due by the Company under the Loan Documents on account of principal, prepayment premium, if any, interest and any and all other amounts payable by the Company under the Loan Documents, and {b) all expenses and charges, including court costs and attorneys' fees paid or incurred by the Authority in realizing upon any of the payments hereby guaranteed or in enforcing this Guaranty ((a) and (b) are collectively referred to herein as the "Obligations "). 400166.3 SECTION 2. Limitation of Amount. The obligations of the Guarantor under this Guaranty shall be limited to the principal amount of $135,000 or such lesser principal amount as shall, from time to time, equal ten percent (10 %) of the principal amount outstanding under the Loan Documents (the "Guaranteed Amount "). SECTION 3. Guaranty Absolute. The Guarantor unconditionally guarantees that the Obligations will be paid in accordance with the terms of the Loan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of the Authority with respect thereto. Without limiting the generality of the foregoing, the liability of the Guarantor under this Guaranty shall be absolute, continuing and unconditional notwithstanding: A. any lack of validity or enforceability of the Loan Documents, the Authority Resolution, the City Resolution, or any other guaranty, agreement or instrument relating to any of the foregoing or the participation by the Authority in the financing of the Project (collectively, all the foregoing being the "Related Documents "); 400166.3 B. any ektension, change in the time, manner or place of payment of, or in any other term of any of the Obligations; any extension of any payment or performance under any Related Documents or any modification of the interest rate, maturity or other terms of the Loan Documents; C. f any acceptance of or acquisition, substitution, destruction, condemnation, exchange, disposition, surrender or sale, in whole or in part, of the Project or any modification, alteration, substitution, destruction, condemnation, exchange, disposition, surrender, sale, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any collateral security concerning the Obligations or any Related Documents; D. any acceptance of guarantors, accommodation parties or sureties for the Obligations or any or all indebtedness or obligations evidenced by or arising from any of the Related Documents; E. any acceptance of or failure to obtain collateral security (including rights of setoff) for any Obligations or Related Documents, or to properly or sufficiently create and perfect the same,, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security; F. any waiver or indulgence granted to the Company or any other guarantor or person liable on the Loan Documents, or any delay or lack of diligence in the enforcement of any Obligations or any rights under any Related Documents, or any failure to institute proceedings, file a claim, give any required notices or otherwise protect any rights under any Related Documents; i G. any full or partial release or compromise or settlement with, or agreement not to sue the Company, or any other guarantor or other Person liable on the Loan Documents; or any other release, surrender, cancellation or other discharge under any Related Documents or the acceptance of any instrument in renewal or substitution therefor; H. any assignment, sale, pledge or other transfer of any Related Documents; I. any manner, order or method of application of any payments or credits under the Loan Documents or any other Related Documents; J. any voluntary or involuntary liquidation, dissolution, sale or other disposition of all or substantially all the assets, winding up, marshalling of assets and liabilities, receivership, insolvency, bankruptcy, assignment for the benefit of creditors, reorganization, arrangement, composition or readjustment of, or other similar event or proceeding affecting the Company or any of its assets; K. any foreclosure or enforcement of any collateral security interest or any enforcement of the Loan Documents; or L. any circumstance or event of any nature whatsoever, whether similar or not to the foregoing, which might otherwise constitute a defense available to, or a discharge of, the Company in respect of the Obligations or the Guarantor in respect of this Guaranty. Subject to Section 11, this Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time payment of any of the Obligations is rescinded or must otherwise be retumed by the Authority or the Bank upon the insolvency, bankruptcy or reorganization of the Company or otherwise, all as though such payment had not been made. SECTION 4. Payment. Upon the occurrence of an Event of Default by the Company under the Loan Documents, and upon receipt of notice from the Authority (the "Notice ") of the occurrence of such Event of Default, the Guarantor shall pay to the Authority the Guaranteed Amount (as defined in Section 2), with interest at the rate charged by the Bank under the Loan Documents, in 60 equal installments of principal and interest payable on the first day of each month, commencing the first day of the month next succeeding the date on.which the Guarantor received the Notice. Amounts due to the Authority from the Guarantor hereunder may be prepaid, at any time, without premium or penalty. SECTION 5. Waivers. The Guarantor hereby waives any and all defenses and discharges available to a surety, guarantor, or accommodation co- obligor, dependent on his, her or its character as such, and the Guarantor hereby waives any and all defenses, claims and setoffs against the Authority, or any other obligor, pertaining to the Loan Documents or any other Related Document, except the defense of discharge by payment in full in respect of the 400166.3 3 (40 Obligations. Without limiting the generality of the foregoing, the Guarantor will not assert against the Authority any defense of waiver, 'release, discharge in bankruptcy, statute of limitations, res judicata, statute of frauds, anti - deficiency statute, fraud, ultra vires acts, usury, illegality or unenforceability which may be available to the Company in respect of the Loan Documents, or any setoff available against the Authority to the Company, whether or not on account of a related transaction. [Except as provided in Section 4,] the Guarantor hereby waives promptness, diligence, notice of acceptance, default or any amendment or modification, and any other notice with respect to any of the Obligations, this Guaranty or any other Related Document and any requirement that the Authority or the Bank protect, secure, perfect or insure any security interest or lien or any property subject thereto or exhaust any right or take any action against the Company, or any other person or entity, including, without limitation, any other guarantor or any collateral. SECTION 6. Subrogation. The Guarantor shall not exercise any rights which the Guarantor may acquire by way of subrogation under this Guaranty, by any payment made hereunder or otherwise, until all Obligations shall have been paid in full. If any amount shall be paid to the Guarantor on account of such subrogation rights at any time when all the Obligations shall not have been paid in full, such amount shall be held in trust for the benefit of the Authority and shall forthwith be paid to the Authority to be credited and applied to the Obligations in accordance with the terms of the Loan Documents. If (a) the Guarantor shall make payment to the Authority of all or any "part of the Obligations and (b) all the Obligations shall be paid in full, the Authority will, at the Guarantor's request, execute and deliver to the Guarantor appropriate documents, without recourse and without representation or warranty, other than that the Authority has not assigned its rights hereunder, necessary to evidence the transfer by subrogation to the Guarantor of an interest in,the Obligations resulting from such payment by the Guarantor. SECTION 7. Representations and Warranties. The Guarantor hereby represents and warrants that the Guarantor has full power and authority to enter into and 'perform the Guarantor's obligations under this Guaranty and that such execution and delivery and compliance with the terms hereof shall not contravene or constitute a default under any indenture, commitment, agreement, judgment, order or decree to which the Guarantor is bound or that any of the property of the Guarantor is subject. SECTION 8. Amendments. Etc. No amendment or waiver of any provision of this Guaranty nor consent to any departure by the Guarantor herefrom shall in any event be effective unless the same shall be in writing and signed by the Authority, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. • SECTION 9. Addresses for Notices. All notices and other communications in connection herewith shall be deemed made if in writing and addressed, mailed, or delivered as follows: 400166.3 If to the Guarantor: If to the Authority: City of Eagan 3830 Pilot Knob Road Eagan, Minnesota Attn: Port Authority of the City of Saint Paul 1900 Landmark Towers 345 St. Peter Street Saint Paul, Minnesota 55102 Attn: President or as to each party at such other address as shall be designated by such party in a written notice to the other party. All such notices and other communications shall, when mailed, be effective when deposited in the mails, addressed as aforesaid, or when delivered, upon receipt. SECTION 10. No Waiver; Remedies. No failure on the part of the Authority to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. SECTION 11. Continuing Guaranty: Term. This Guaranty is a continuing guaranty and shall: (a) be binding upon the Guarantor, and the successors and assigns of the Guarantor; (b) inure to the benefit of and be enforceable by the Authority and its successors, transferees and assigns; and (c) remain in full force and effect until the earlier of: (i) November _, 2000; or (ii) payment in full of the Obligations and all other amounts payable under this Guaranty; provided, however, that in the event the Guarantor has received a Notice pursuant to Section 4 prior to the end of the term of this Guaranty, the payment obligations set forth in Section 4 shall remain in effect until all amounts due by the Guarantor to the Authority have been paid in full, notwithstanding the earlier termination of this Guaranty. SECTION 12. Governing Law: Severability. This Guaranty shall be governed by, and construed in accordance with, the laws of the State of Minnesota. If any provision of this Guaranty shall be held to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect any remaining provisions. SECTION 13. Counterparts. This Guaranty may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 400166.3 5 g IN WITNESS WHEREOF, the Guarantor has caused this Guaranty, to be duly executed and delivered as of the date first above written. 400166.3 CITY OF EAGAN, MINNESOTA By Its [Signature page to Guaranty Agreement dated as of November 1995] 6 Accepted as of November , 1995 PORT AUTHORITY OF THE CITY OF SAINT PAUL By Its Chair By. Its Secretary . [Acceptance of Authority to Guaranty Agreement dated as of November , 1995] 400166.3 7 dom° • Agenda-InformationAlemo November 6,1995 G. TRAPP POINT - PRIVATE ROAD VS PUBLIC RIGHT OF.WAY ACTION TO BE CONSIDERED: To approve/deny the request to accept Trapp Point as public right -of -way. . FACTS: • In December of 1985, the City Council considered a preliminary plat application for the Eagandale Office Park 3rd Addition which incorporated the cul-de -sac, Trapp Point. • While the original application proposed Trapp Point to be a public right -of -way, in approving the preliminary plat, the City Council required that the public cul- de-sac be eliminated and replaced with a private street. • In May, June, and November of 1986, the Council considered a request by the developer to reconsider their previous condition of requiring Trapp Point to be a private drive. On November 18, 1986, the City council voted in favor of removing the previous condition allowing Trapp Point to be a public cul- de-sac with a condition that the developer enter into an agreement providing for perpetual private maintenance of this proposed public cul -de -sac. • The developer subsequently would not agree to the terms and conditions of the maintenance agreement as prepared by the City and subsequently agreed to stay with the private street designation: ; , �� £ y .. _ "'1T- er.JS1iCYtr'1tr'3 1, ;6,ak.Al Sf.'ar A!`� k,'JID.Y�i �. Y. f• L•�;., _ R'C •.,'O+ s. =J� i '�� .F-i �r. • VVrth a <privatet - =gnaw t�iere as.a requmrem - • t- s • "cro s easements be dedicated "`- ` r ��' ; - C Y i ecprivate,cross e Council deleted the to ensi# secess0.f o� a,,,o,c , clots: =, T ib�7developer of,4. easements andt On, D m' r> 16 1'986- na') 4 pro eee be ,.witl�the��final:�pl"at�approv cross easement requirenrent tor. the- private street. • On October 26, the staff received a request from .a real:'estate consultant requesting that the Trapp Point private cul- de-sac be conveyed to the City as public right -of -way. ATTACHMENTS: • Location map, page . ..2‘.1.):, • Site Plan layout, page • Letter of request, page 494 LOST SPUR COUNTRY CLUB 0 1400 E ALAI -t WOODS &1,0 jVIEW AVE. L O HONVIEW AVE. E� =WW1 ®I5 PARK PARK AVEE 1 IE Sc r SOU R CO. RD. 26 ti O W R RD. PIL0T" KNOB6 ARK (7 6 2� TOWERVIEW RD. 1g1 CORPORATE ORPORA7 CENTER CUR AVALON .i AN TRiAL4 ROAD! W 4O. 0 NTRY 0 A' AL �rG RAKE BEATRICE ST McKEE ST. LEXI PAR 1, Q u.S. POST DFFICE c CO. 1D. 26 t WES4 SERVICE W ARRY SITE MN RD. 9 N city of eagan PUBLIC WORKS DEPARTMEN LOCATION MAP TRAPP POINT approved: standard plate #: BIII..iCompanies 1380 Corporate Center Curve — Eagan, Minnesota 55121 c/ommercial Real Estate Services, Inc. Phone (612) 686 -0212 Fax (612) 686 -6113 • L October 23, 1995 . Mr • Tom Colbert •1Public Works Director t :'City of Eagan '.f i83o'Pilot Knob Road ''• '. ,.pagan, MN 55122 7RE: Eagandale Office Park, 3rd Addition • � Trapp Point Road .• . Dear Tom: We recently worked on the sale of Lot 2, Block 1, Eagandale Office Park, 3rd Addition. In the process I discovered that "Trapp Point ", a cul de sac off Trapp Road, is a private road. We would like to grant, by easement, this road to the City of Eagan. Tom, would you advise if this is acceptable and what you need to complete the transfer. Thank you. Yours truly, Consultant cc: Peggy Reichert Owp604023.004 Agenda Information Memo November 6, 1995 A. ENFORCEMENT OF ON- STREET PARIUNG RESTRICTIONS City staff periodically receives requests to temporarily "bag" No Parking signs on public streets. These requests have ranged from school principals to accommodate overflow parking from special school events (Grandparents Day, holiday parties, etc.), to apartment managers performing parking lot maintenance (snow removal, striping, seal coating, etc.), to businesses having special sale events which exceed the capacity of their off -street parking lot. While staff continues to try to be sensitive to the needs and concerns of these requests, it is uncertain as to what authority staff has to temporarily not enforce Council ordered parking restrictions. in certain circumstances, on -street parking could create a traffic capacity reduction problem and /or safety concern. Staff would like an opportunity to discuss this issue to try and determine a policy or at least receive some direction from the Council. The most recent specific request has come from Thomas Lake Elementary School requesting that the recently installed No Parking signs on the west side of Thomas Lake Road be temporarily 'bagged" and not enforced for November 22. B. PRIVATE IMPROVEMENTS IN PUBLIC RIGHT -OF -WAY POLICY Presently, the City has a policy and ordinance that precludes the installation of any improvement within public right -of -way without a permit. This applies to all private utilities (gas, telephone, electric, etc.) to landscaping (trees, monuments, etc.) and irrigation systems. With the issuance of this permit, the applicant acknowledges that their improvement is there by City permit and it is their responsibility to remove, relocate, adjust, etc., these facilities when necessitated by local road improvements. However, many residential homeowners either are not aware of this policy or ignore it as they install irrigation systems and landscaping improvements within the public right -of -way. M we do our local street reconstruction program, very seldom are these irrigation systems or landscaping improvements disturbed. However, when it becomes necessary, the homeowners are informed that it is their responsibility to remove, protect, and /or relocate these improvements at their expense. This is not well received by the affected homeowners who feel that it should be considered part of the cost of the improvement. Most recently, we have received several claims from the Oslund- Timberline Addition requesting reimbursement from the City. The staff would like to review this issue with the City Council to determine whether these claims should be paid or rejected. aas ees: $200 investigation (oon - refundable) $50 license License Team: July 1-June 80 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, .massage therapist license. TRUE NAMES 'A� y First L {w Full Middle S‘) RESIDENCE ADDRESS= Urtg 111 :p it 5 e Street RESIDENCE PHONE: (A1-1 ( '411 lg G?uVvieke City f Eagan 3830 Pilot Knob Rd. Eagan, MN 55121 1181.4100 kw 481.4111 the individual seeking a Maiden/Last oB•.a./3„Lai City State/Zip BUSINESS PHONE: S y " S 122_ BUSINESS NAME: --Mr v p i e- s _ BUSINESS ADDRESS: '39`.-17- 21'1 c vH ov i td 1-11,0y ( &sail IP 1 VJ Street City _ -_ StatetZip 1. Is the applicant licensed in any other community? Yee__ No ) If yes, where: _ - 2. - ' Has the applicant been denied a massage therapist license by any licensing authority? Yes No If yes, describe.' S. Each applicant fora 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. A certificate of National Certification for Therapeutic massage and Body Work by the National Certification Board of Therapeutic Massage and Body Work, an affiliate of American Massage Therapy Association. 4. If you have ever used or been known by • name or names other than the true name given above, list such =me(s) and information concerning dates and places used. Front and side viewphotographsmuatbeprovided. 5. Addresses) at which you have lived during preceding five years. (Begin with present or most recent address.) No. & Street City di State Dates 1,791 10. fn. s . � . kwl rAV $— 9 Q--• txrc ��Sov 3r p0te -A, w ,fir. R`tl i 11-e 61IV - ��' -a 9 .tin E. Occupation history for preceding five years. (begin with present or most recent.) -Pr a tAiravv. RV 1caliS S. 1oCu.S PiaV1e'S /vcc. Occupafion Employer or Name of Business j c15 t U� v� iVe Ir l i fy nUC f vJ eS1- c S 1 o `1 • 1 g 9 to_19 RS Address City/State/Zip length of Employment i. --- i Occupation - - cs Licqgwot Employer or Name of &JIMA ..- 411 redet.i. 4 ve &O. At ic , 0,7A/ ((NZ- 11 c/ _ 19 7 6 to_ig 9-S- if - -. Address - City/Ste ip • Length of Employment ot- SeC, Irtr6 rn / vet e pli&IALT it Z6 Riude g, f,,, WevilNre Employer or Name of Business 044? /3(1/111e, mA( .cs to-3 I'd ' . , 19 6‘t4:L19 1 ',-- -ress City/StaterZip . Length of Employment 1° CS- Add E cli-fr rd. * .A .,...-A ■,p,AA*1-.A 4-, .-tAk A rJ., ra.. Atah additional hoot If neceuary ....... . .,..1- s , - : 4 . A f L - . -7. Have you ever been convicted of any felony, crime or violation of any ordinance, other than traffic? Yes No4, If yes, give information Of to the time, place and offense for which convictions were ha& r----- 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: Name _C etse Roix414-sot., - — P110118 (CM 7- &N(, 7 Address 1 1/ S cl/1 e violA v A-v-it .44-1 - S S s 09 Business Address ttvct& flO bv • 14, ktuiU t) 6.95 1*—bre.,v1 Phone e-73c.,— 00 'AG/ Addr-as 'KC? ',&-r3Y c 1K cs t • 'Business Address_CIL) il • 1S. 41 1A1 k-Vrzym 1L9 14\evitl-c - Name 1 i Zecksov■ one 'e 21 - (aS , Address 3le"2:1 Pcor16 p(S. SS140-7 Business Address 9 i 1 C.4" deo, . Date: 41,--2 -421 S"- Subscribed and sworn to before rim_ this day of If:De...7-6,6er- .19V 4kr.- iseal) 'e -„-----------_,--_,:ze-..e-,-- - -- --------------,--1 ELIZABETH A. WITT • NOTARY PUBUC-MINNESOTA 1 '■ DAKOTA coure '•\ N My COMMiSSiOR bpi rd Jan. 31, MOO thrs :„. P.-02441e"/ Applicant •• • • OR 1.1 Fees: 5200 investigation (non - refundable) S SO license - CiTY OF EAGAN APPLICATION FOR MASSAGE THERAPIST LICENSE Ibis 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: _C)Aro kt1 • Lit BFAir_P Doidds.ditr Firs Fulf iddie � Maid n /Last RESIDENCE ADDRESS: �1lf4O Sr; ��%� �_ , )F t" ih . Ti ii D. j RESIDENCE ._. _ _ Str et - -- • - � t city i !- ate / PHONE 4(j I ). 1990- 4 BUSINESS PHONE: (Lo1a . it �: ! BUSINESS NAME: ejlf, eft i biP4A L 'i e, i lltA L-6tI Alm grOoLikrE BUSINESS ADDRESS: ', -Q i'pl :Hl 4 _ ll')l 63 /a 1 Street . ' ° .. r City State /Zip 1. Is the applicant licensed in any other community? Yes If yes, where: • Has the applicant been denied a massage therapist license by any licensing authority? Yes No-_ If yes, describe: 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 Tecognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction ver the school. oty.CA ed i rd o it 'tens byai • de l crinuppl n s n u ' be isea `— 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: 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. i. If you have ever used or been known by a name or names other than the true name given above, fist such name(s) and info t� jpn concerning dates and places used. Attach photo. 5. Address(es) at which you have rived during preceding five years. (Begin with present or most recent address.) No. & Street - City & State Dptes I81 5Y CtJi / Vt V UL..1(Y) n) 7r-�, 5. a V-fir 1 jig .,!1R6 ■rr l4iL 6 41nt_t olt,) _. th,11..; }IN 6. Occupation history for preceding five years. (begin with present or most recent.) IJMILr i Im ,J 6fEe.hi I) / tt f1N1r 'CO ,fl( t)tJlf4 . P6.16- /f ?i �� .Occupation /e Employer or Name of Business TMM (10:YEu & A1il 7- 10I uL- r alts) 55/ 19? to 19 1/2,"r-41 City /State /Zip Length of Employment C17A55ACr& VET, :� , : L ►i )' 11 '.55/ R)i4L y)!1591&3: L).) ZJ' Occupation , - Employer or Name o ustness pcpq Fp ko 1)fl k °w19f _ `sj �tiL, mxl � 1110 Address 1 1 City/State /Zip 4 - _ _ icli)IPcEs AS3i51 "A _P r -ra5 41 ALlf Occupation - - 1 • Employer or Name of Business of n 1 J. the. f gifrp-1 t+/ttiipri�./1� .it-i') 19 1 t 19;17). Address ii City /State /Zip Length of Employment *Attach additional sheets If necessary . : �- ?. Have you ever been convicted of any felony, crime or violation of any ordinance, other titan traffic? Yes Nole 0 yes, give information as to the time, place and offense for which convictions were had: 19?l!'to19 i-riq f Length of Employment S. - -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: • • - -Name jl R) J J LiiY P%\,) Phone 8 P 1 (0 91) i-k 1e - Address 1'�. ��� r� r" � v , YEA U L 1t1,J 550_5- , Business Address L$ fl e. fel iA f) AS fG-3. j -rJTE-T _gag. t_ rOU P'ni loll {J f ;;i l it,L:F11f • Name tc' t� 1111 JO LL _ Phone ((P 1;,)) / f 1 s ' 3.73 et14LaI,it911/ �55,�'14U1,1rl ?1,1 651fL • � _ Address, � (� - - ' - Business Addres_l PISS 6-P � JiJL P r r i fi) ) fi k t; Lo>a1 ,`ifs i it; Li ir, .dame t .- • - Phone - Address Business Address_ Date: it - - Subs and sworn to before me - . this day offipb .„ 19QS 4,ada _ G(a. (seal) Notary Public 1 - ELIZABETH a WITT NOTARY PUBLIC- MINNESOTA DAKOTA COUNTY My Commission Expires Jan. 31, 2000 r , ri ,ti> , t.�y) ) Signature of Applicant CITY OF EAGAN SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT IMPORTANT INFORMATION FOR THE APPLICANT NO FIREARM DEER HUNTING WILL BE PERMITTED except during those special hunting seasons authorized by the City Connell, and controlled and conducted by the Department of Natural Resources for wildlife management purposes. Applications for specaal bunting permits wlf be considered for deer (bow bunting only), ducks, geese and pheasant only on tercels Cif of five acres or more and zoned _agricultural. commercial or industrial. The maximum dates of the season for each wildlife hunted shall coincide with the bunting dates established by the Minnesota Department of Natural Resources (DNR). The Eagan City Connell may, at its discretion, reduce the season for each requested permit within the DNR season. The Eagan City Council may deny any application for special bunting if the permh does not serve the purposes of wildlife management, even if the applicant bas complied with all of the requirements Any hunter listed in this application may bunt only when accompanied by the applicant. A cony of this permit and appropriate identification must be carried at all times for verification by the Eagan Police Department. L Name: A,/. _. 1 — 2. Street Address: 13 ,2)aa rif W s 1)- 3. City /State /Zip Code: 4paE AC( ey A,/ f77 0 V 4. Property Owner's Name (written permission from T OsEp ti K./2/ 5 A» K the property owner must accompany this permit application): - o-thAis 40 isi Le. Y- S. Property Location Description: -2 61 4c t s Au S6 c acL 023 e_. 16 0)F Sf t7 8'O7 6. Type of Game to be Hunted: L'te r2C.5 a A) `At 7. Specific Hunting Dates: AJO w 7)--ka , r'.' C .7(, / 9 SS- IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY _. Name (Beginning with the Applicant): c AEG A. Al0/4 v q,►M s MAR-SW. cc 9. Address: l u0) a.) o Ave /9,4-"44651 (Po? C4r2ivcw41-' UV, F 4/ 10. Vehicle license # 01 170) It 40 9 ,eti' y6G lice Approval /Date: q i J -/ - 12. City Council Approval Date: 13. Expiration Date: c w�pS1\ forms \buud'ng. rd4 Revised 10/94 k - - -- -;' et. c[ • — }2.eitz-4 5. c/// ZA-t 4 CITY OF EAGAN SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT IMPORTANT INFORMATION FOR THE APPLICANT NO FIREARM DEER HUNTING WILL BE PERMITTED except during those special hunting seasons authorized by the City Council, and controlled and conducted by the Department of Natural Resources for wildlife management purposes. Applications for special hunting permits will be considered for deer (bow hunting only), ducks, geese and pheasant only on _parcels of properly of five acres or more and zoned agricultural, commercial or Industrial. The maximum dates of the season for each wildlife hunted shall coincide with the hunting dates established by the Minnesota Department of Natural Resources (DNR). The Eagan City Council may, at its discretion, reduce the season for each requested permit within the DNR season. The Eagan City Council may deny any application for special hunting if the permit does not serve the purposes of wildlife management, even if the applicant has complied with all of the requirements. Any hunter . listed in this application may hunt only when accompanied by the applicant. A Copy of this permit and appropriate identification must be carried at all times for verification by the Eagan Police Department. L Name: a WI L./AMOURS lya YINlyv. 2. Street Address: (at L WR`C(„ O I f u) *109 „ . 3. City /State /Zip Code: ST- PAIL- ,A40. 'l ! 3. . 4. Property Owner's Name (we n permission from the property owner must accompany this permit application): • , firn-ed fjg ///-441-t—} - 5. Property Location Description: .35 /d U'1a" At'°2-40, p''"-;-e .i 1 . EV/... :l 4/.14_r g'470."''., .7.L' / _. KJ 6. Type of Game to be Hunted: b • 7. Specific Hunting Dates: k / f rs f .)'/3/ l95r IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY 3. Name (Beginning with the Applicant): 1 W J 15Mhip ■skN1ltEi2,5 ti' --/ V93 9. Address: 44# 1 mate ) km- W4 4 i O°1 5T Aka, frw. %In 10. Vehicle License # too 6:3.B ' i 11. Police Approval /Date: I b44fS� 12. City Council Approval Date: 13. Expiration Date: e \wp51 \forms \iutatan Revised 1 0/94 • y_� .� • : r ,- ..�i., ±� - k+- �r+.��. k.� ._ _ rc* "�.. _ .�:x" :.ice^- •• _ A _ -.:'. :7,;:l... Y::- -ie-,' . ,:ii�J.• :t... - -r .2-';i': :-. .•-• , .r...'. "yam .w.•,. Is _7- 4---._ .-r.'. _.-: _ .. 7_.7:.__ y.�- -- . _ - i1s''6. {y• `i- . .'40•173-;,::: /+4.+x.:.3-14.4,U-t. •: --- 1Zf,z.`.7i' n4'.`' ._'-"- 11+Yf,:;..�. tr:' ;.:__. s i-4 >. .,v. ,. .v.,... _.,_. — .r...r..• ...s:. i-:aao.4.....i.._.i. ':.-4-i•, r.:}'.:; ;,' _-. le._,,- ',»:-.54." . _..,.4 .;ii .:3 .e«...: _1•LJ:c-i :,sit w- G... ,.. '&........._ -4- ..- _..,.... • -_ ..r -s= i� rv. .,. -° a' "z .- t+f -r.^ pt 1,::,xs ^s:...::'.:.,•F .. -.. - % :":x ._ - _. :i. . :-'K -= •`_::_ - .i `- r�';.Y 3i:i%ye -C;t,: '` ': `..47-........-.,_x7. ' 40- Lr_•e•.__;. •s . -.,_i• ..t;,.;:, ;...0.� a.. • CLs�•'i to • ,v' ' s - -s }., - r-'zt; REPORT SORTED BY PID 02 -NOV -1995 (08:27 3 ACCOUNT- NUMBER PID AMT -OPEN ACCOUNT- STATUS ASSESS -AMT 2550050501 100190001151 16.35 AC 41.35 1550480601 100340002076 34.31 AC 59.31 1551390601 100360001082 23.11 AC 48.11 1550900301 100360001281 16.57 AC 41.57 2350200802 101170007001 77.28 AC 102.28 1310570501 101230005005 1.74 AC 26.74 2563730701 101370003001 46.71 AC 71.71 1283810805 101375002001 220.54 AC 245.54 1283910603 101375009002 114.60 AC 139.60 1283980905 101375010004 183.26 AC 208.26 2471268901 101380005001 194.75 AC 219.75 2342060704 101430103001 134.98 AC 159.98 2342000303 101430110001 97.54 AC 122.54 2500090202 101499009001 48.88 AC 73.88 2500200702 101499020001 142.17 AC 167.17 2500500004 101499216001 147.05 AC 172.05 2500550502 101499221001 78.33 AC 103.33 2500131404 101499306001 125.14 AC 150.14 2501480403 101499316001 104.30 AC 129.30 2500740208 101499321001 116.64 AC 141.64 2501040601 101499352001 1.17 AC 26.17 2501140402 101499361001 51.61 AC 76.61 3761260301 101499603012 99.30 AC 124.30 3672550501 101550114003 53.88 AC 78.88 1260140703 101660101201 106.96 AC 131.96 1260440103 101660105003 259.14 AC 284.14 1261120806 101660202102 213.58 AC 238.58 REPORT SORTED BY PID 02 -NOV -1995 (08:27 ACCOUNT- NUMBER PID AMT -OPEN ACCOUNT- STATUS ASSESS -AMT 1260830305 101660204001 97.80 AC 122.80 1260920205 101660212102 190.95 AC 215.95 2330080901 101665004001 191.00 AC 216.00 2311200602 101670008006 162.55 AC 187.55 2310060503 101670011002 59.06 AC 84.06 1030240401 101670133005 87.66 AC 112.66 2321350702 101670220006 94.07 AC 119.07 2330480103 101670233008 106.35 AC 131.35 1010120204 101670305007 167.15 AC 192.15 1020290104 101670332004 23.91 AC 48.91 2350710601 101670402005 209.47 AC 234.47 2350740301 101670405005 413.99 AC 438.99 2351250201 101670406006 30.81 AC 55.81 2350950801 101670410011 147.26 AC 172.26 2380360401 101670412010 174.41 AC 199.41 2380330701 101670415010 178.28 AC 203.28 2360740103 101670501007 103.35 AC 128.35 2370250901 101670512006 98.77 AC 123.77 2370130303 101670524006 153.19 AC 178.19 2390930203 101670602008 153.55 AC 178.55 2390960904 101670605008 83.93 AC 108.93 2390620901 101670608010 119.36 AC 144.36 2391000302 101670609008 71.80 AC 96.80 2410760901 101670708008 311.03 AC 336.03 2411470404 101670712004 75.41 AC 100.41 2410960503 101670727006 185.01 AC 210.01 2471400802 101697522001 244.11 AC 269.11 REPORT SORTED BY PID 02 -NOV -1995 (08:27 ACCOUNT-NUMBER PID AMT -OPEN ACCOUNT- STATUS ASSESS -AMT '1261890605 101740002204 72.88 AC 97.88 1262310401 S 101740008201 54.06 AC 79.06 1261270108 101740015100 104.42 AC 129.42 1261820303 101740016700 133.12 AC 158.12 1262710504 101740202103 52.18 AC 77.18 1262630505 101740206103 275.72 AC 300.72 1262560405 101740209103 121.83 AC 146.83 1262920002 101740214002 146.01 AC 171.01 1262480503 101740221102 214.20 AC 239.20 1263286503 101740404101 418.32 AC 443.32 1160270302 101775009002 91.51 AC 116.51 3614460805 101807548001 75.50 AC 100.50 3611970902 101815101006 73.63 AC 98.63 2531098802 101910104002 55.16 AC 80.16 2561430602 101997504002 51.07 AC 76.07 3640181805 102096012004 70.06 AC 95.06 2433820402 102150002004 1.21 AC 26.21 2460210401 102190021001 84.31 AC 109.31 2460630303 102190055001 56.67 AC 81.67 1290480104 102275007001 251.48 AC 276.48 1290980003 102275015003 242.02 AC 267.02 ' 1290880201 102275025003 130.87 AC 155.87 1290750704 102275038003 56.15 AC 81.15 1291130103 102275047002 30.34 AC 55.34 1060710901 102488004006 173.00 AC 198.00 1060650701 102488021005 112.79 AC 137.79 1223460501 102580003001 139.54 AC 164.54 REPORT SORTED BY PID 02 -NOV -1995 (08:27 ACCOUNT- NUMBER PID AMT -OPEN ACCOUNT- STATUS ASSESS -AMT 1223920801 102580011102 229.49 AC 254.49 1226260602 102580101004 71.74 AC 96.74 3660750502 103200002000 67.11 AC 92.11 3660790101 103200003000 128.63 AC 153.63 2391650501 103295102002 164.21 AC 189.21 2391840202 103295102007 .73 AC 25.73 2391890702 103295102008 .97 AC 25.97 1301410501 103297508001 43.79 AC 68.79 3681770801 103299023007 71.98 AC 96.98 3681270904 103299027006 104.82 AC 129.82 2470580801 103300018006 166.13 AC 191.13 1230070302 103980103002 83.63 AC 108.63 1230930803 103980202001 66.49 AC 91.49 1231170003 103980202007 122.72 AC 147.72 1231310204 103980203011 81.25 AC 106.25 1231760803 103980302009 56.84 AC 81.84 3610760508 104130010001 144.23 AC 169.23 3643050201 104465157001 174.33 AC 199.33 3702220901 104506013007 72.10 AC 97.10 3770840101 104507522001 132.93 AC 157.93 3780040603 104508010004 96.43 AC 121.43 3781360701 104508105001 46.44 AC 71.44 1246200802 104509010002 1.15 AC 26.15 3650900805 104775004003 158.88 AC 183.88 3651030302 104775110001 88.87 AC 113.87 1170040802 104805003101 105.52 AC 130.52 1171531503 104805003204 55.12 AC 80.12 REPORT SORTED BY PID 02 -NOV -1995 (08:27 ACCOUNT- NUMBER PID AMT -OPEN ACCOUNT- STATUS ASSESS -AMT 1171340102 104805010101 99.12 AC 124.12 1222800302 105210003006 78.62 AC 103.62 1222250103 105210010005 102.20 AC 127.20 1242070901 105210107001 121.49 AC 146.49 1080700601 105350001006 434.85 AC 459.85 1263321002 105355001001 38.70 AC 63.70 1551150401 105360001002 16.57 AC 41.57 1551090201 105360103001 16.17 AC 41.17 1213400303 105380114101 105.64 AC 130.64 3621090401 105530014001 99.43 AC 124.43 1283290302 105675007004 134.30 AC 159.30 1270870703 106398004008 92.79 AC 117.79 1270070403 106398007001 61.64 AC 86.64 1280280706 106398103008 26.38 AC 51.38 1280730104 106398204006 120.74 AC 145.74 1280650102 106398204007 182.16 AC 207.16 1280970303 106398301003 75.67 AC 100.67 1281200404 106398303009 80.67 AC 105.67 1281250901 106398304008 145.93 AC 170.93 1282000702 106398401003 79.69 AC 104.69 1281660905 106398403013 30.35 AC 55.35 1280840807 106398609001 93.84 AC 118.84 1120400501 106440005001 199.03 AC 224.03 1120170402 106440006005 192.02 AC 217.02 1200190501 106585013001 17.28 AC 42.28 1213030803 106760005002 204.72 AC 229.72 2560210301 106767005002 54.71 AC 79.71 REPORT SORTED BY PID 02 -NOV -1995 (08:27 ACCOUNT- NUMBER PID AMT -OPEN ACCOUNT- STATUS ASSESS -AMT 1264410001 106920010000 105.50 AC 130.50 1162270101 107120003002 131.29 AC 156.29 1171840001 107297514001 102.10 AC 127.10 1172100805 107297518002 34.75 AC 59.75 1173260903 107297615006 137.76 AC 162.76 3790640101 107298305001 96.90 AC 121.90 2420660907 107300002009 94.88 AC 119.88 2420540302 107300002014 84.90 AC 109.90 2420510606 107300002016 256.50 AC 281.50 2420720103 107300005007 2.28 AC 27.28 2420440604 107300005019 110.99 AC 135.99 2420410907 107300005020 86.17 AC 111.17 2420400004 107300006020 81.86 AC 106.86 2420380405 107300007020 79.97 AC 104.97 2421080901 107300104014 250.68 AC 275.68 2421200302 107300107009 333.83 AC 358.83 2421500606 107300304009 .65 AC 25.65 2421600404 107300601003 63.92 AC 88.92 3800520302 107587505003 88.61 AC 113.61 1251570602 107595117001 220.23 AC 245.23 1250900604 107595120002 169.01 AC 194.01 1251720703 107595131001 98.58 AC 123.58 2430560903 107650002005 35.64 AC 60.64 2430340604 107650103002 3.74 AC 28.74 2431020301 107650203008 113.04 AC 138.04 2431270402 107650301014 23.85 AC 48.85 2401100904 107710001003 82.24 AC 107.24 REPORT SORTED BY PID ACCOUNT- NUMBER PID 02 -NOV -1995 (08:27 AMT -OPEN ACCOUNT- STATUS ASSESS -AMT 2400070501 107710006017 58.89 AC 83.89 3630240402 108140001003 53.02 AC 78.02 1200930403 108195005002 533.84 AC 558.84 1201360303 108195005105 166.08 AC 191.08 1201300901 108195008005 17.28 AC 42.28 1201310801 108195008005 17.28 AC 42.28 1200730802 108195016001 152.10 AC 177.10 1212180201 108355001004 66.98 AC 91.98 2451180003 108365005105 51.54 AC 76.54 2456000502 108365201002 156.47 AC 181.47 1316630101 108375101004 65.11 AC 90.11 1091050303 108425020001 148.80 AC 173.80 1150060002 108425111001 30.31 AC 55.31 1150010503 108425116001 83.89 AC 108.89 1150780303 108425201002 102.03 AC 127.03 1070450001 108435127002 319.32 AC 344.32 1090020701 108435403001 671.77 AC 696.77 1090510702 108435417003 106.96 AC 131.96 1140190802 108435507002 212.07 AC 237.07 1140500803 108435518003 54.47 AC 79.47 2433570504 108446011002 502.88 AC 527.88 2433380902 108446012001 291.79 AC 316.79 2433110002 108446107002 124.16 AC 149.16 1051120204 108460005002 134.67 AC 159.67 1110630907 108460224002 88.55 AC 113.55 1110550906 108460230002 214.07 AC 239.07 1110530103 108460232002 44.17 AC 69.17 REPORT SORTED BY PID ACCOUNT- NUMBER 02 -NOV -1995 (08:27 PID AMT -OPEN ACCOUNT- STATUS ASSESS -AMT 1111040003 108460234001 100.21 AC 125.21 1151360302 101480007001 247.55 CB 272.55 3611510308 101630002001 112.94 CB 137.94 1211070602 101715315001 203.23 CB 228.23 1211080502 101715316001 142.15 CB 167.15 1262070405 101740010002 266.84 CB 291.84 2561430601 101997504002 13.42 CB 38.42 3640580105 102096024004 5.07 CB 30.07 3640580106 102096024004 53.05 CB 78.05 1290780403 102275035003 78.87 CB 103.87 2391950902 103295105009 5013.01 CB 5038.01 1172100804 107297518002 26.16 CB 51.16 2420030504 107300202004 64.30 CB 89.30 1251070703 107595133002 126.07 CB 151.07 2401220504 107710001001 42.04 CB 67.04 29226.69*