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11/21/1995 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER NOVEMBER 21, 1995 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. INTRODUCTION OF BONNIE ERICKSON, EAGAN REPRESENTATIVE TO MRS. MINNESOTA PAGEANT V. DEPARTMENT HEAD BUSINESS (BLUE) VI. CONSENT AGENDA (PINK) P•f, A. PERSONNEL ITEMS Q B. PLUMBERS LICENSES I .rC. ORDINANCE AMENDMENT, City of Eagan, to amend Chapter 11, Section 11.20, Subdivision 7, Public Facilities District D. SPECIAL HUNTING PERMIT, Brian Gunderson E. CONTRACT 94 -TT, Acknowledge Completion, Authorize City Maintenance, Yankee Plaza Utilities f, . F. CONTRACT 94 -DD, Acknowledge Completion, Authorize City Maintenanc , r Crestwood Addition p.(qG. CHANGE ORDERS, Municipal Center Expansion (j lt�H. APPROVE COMMENTS, Metropolitan Airports Commission 1996 -2002 Capital Improvements Program �� /(e I. LIQUOR LICENSE 'RENEWALS: On -sale liquor, on -sale club liquor, off -sale ./ liquor, wine, on -sale beer and off -sale beer o%`t'J. APPROVE NEW OWNER for Kenny's Liquor Store, 1444 Yankee Doodle Road F.,.oZS K. RESOLUTION Denying Grant of right -of -way for a Public Street over the A Lexington - Diffley Athletic Field Property oZO L. ACKNOWLEDGE COMPLETION, Authorize Final Payment, Ice Refrigeration f r Civic Arena, Premier Refrigeration r.3" AWARD BID, Fire Station No. 1 Remodeling VII. 7:00 - PUBLIC HEARINGS (SALMON) t.3i A. PROJECT 689, Hayes and Delosh Addition Storm Sewer Al B. VARIANCE, Lundgren Brothers Construction Company Inc., on the north side of Diffley Road on Amerleaf Trail CRC. VARIANCE, Ron Brophy, on the north side of Shale Lane, east of Rahn Road on Bear Path Trail VIII. OLD BUSINESS (ORCHID) •GSA. PROJECT 666R, Waterview Addition Final Assessment Roll ;13 B. TRAPP POINTE Private Street Transfer to Public Right -of -way .'1(a C. RECONSIDERATION of Financial Assistance, Register Resale PD. TEMPORARY ON- STREET Parking Request, Thomas Lake School IX. NEW BUSINESS (TAN) ?It. A. PRELIMINARY.PLANNED DEVELOPMENT AMENDMENT and PRELIMINARY SUBDIVISION, P t . Food Warehouse, Outlot D, Park Center Addition, at the inters ction of Cliff Lake R ad and Cliff R ad riAtc\ B. APPROVE NEW Liquor Stor , United Penn Lake, Idc., dba Silver Bell Liquor, 1969 Silver Bell Road X. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) XI. ADMINISTRATIVE AGENDA (GREEN) XII. VISITORS TO BE HEARD (for those persons not on agenda) XIV. ADJOURNMENT XV. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. ***Note change in location. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 15, 1995 SUBJECT: AGENDA INFORMATION FOR THE NOVEMBER 21, 1995 CITY COUNCIL MEETING ., %0V After approval of the November 21, 1995 City Council agenda, the October 24, 1995 and November 6, 1995 special City Council minutes and the November 6, 1995 regular City Council meeting minutes, the following items are in order for consideration. MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL .Eagan, Minnesota :uctober 24, 1995 A special meeting of the Eagan Cititettati:let i, #, Cci: resday, October 24, 1995 at 5:00 p.m. at the Police Department Conference Room. Presept.were Mayor Egan and Councilmembers Awada, Wachter, and Masin. Also present were City Administrator Tom Ili es, Director of Public Works Tom Colbert, Finance Director Gene VanOverbeke, Police Chief Pat Geagan, Assistant to the Administrator Holly Duffy, Communications Coordinator Joanna Foote, Fire Chief Dale Nelson, and Utility Superintendent Wayne Schwan. The agenda was adopted as presented. IIIMUNICATIONS PLAN Communications Coordinator Footik: rade ai bsentation covering the communications plan she had prepared. The City Council was supportivOit the OW They especially liked the idea of an additional summer newsletter to cover the existing gap between. the sprig and fall issues. In a previous communication with Administrator Hedges, Councilmember Hutit :,. 3 iexpr Aid :: ::Important role that E-mail will play In future communications. Discussion followed regarding itirrii :tfie :potential to partnership with Eagan High School to develop home pages in the world wide web. These Items will be pursued after the move back to the remodeled City Hall. PRESENTATION BY THE WALLACE GROUP Roy and Sherie Wallace gave a presentation f e.the :Council regarding the possibility of providing communication consulting services to the City of. Eagan:: :... atrtailace presented basic premises about the City and the need to present a clear and consistent ;messsg:.torthe;public through the various media opportunities. The proposal of the Wallace Group included v fk :in'the areast f focus, communications assessment, developing a communications plan, skill training, opinion re ei' ;.publlc'relations counseling, media relations, backgrounders and publications. The Wallace Group went on tb: *e3s, f .tA!hy. they were the best firm for the City to engage and distributed several examples of their work product The City Council discussed with staff the merits of the proposal and the benefits to the City. Consensus was that Implementation of this proposal would provide a special benefit to the City. It was agreed that a project by project arrangement rather than a retainer situation would work best for the City. Consensus was also reached that an additional $15,000 should be budgeted for this communications effort in 1996. Councilmember Wachter suggested that a six month evaluation be undertaken to determine the effectiveness to date of the relationship. Councilmember Masin suggested that the Rusin ss;#iJewslgger:beithrown into the mix. Councilmember Hunter had expressed through Administrator Hedges agr. iiiifit craps eptTrough items delineated as program number 1 and program number 2 ?: RESPONSES 'EQ $ENER*JL FUND BUDGET QUESTIONS The City Council next consIderecnaiiiiWAiiiiiWalid in staff memos to various questions raised regarding the preliminary . 1996 General Fund Budget Thiilkisitehefit of continued participation In Dakota County Economic Development Partnership was discussed in detail. The benefits are derived primarily in the short -term from the development of a GIS system in a relatively cost-effective manner. Concerns was expressed by Counciimember Masin about the truly county -wide benefit of the organization and what the City's membership dollars were actually accomplishing. Administrator Hedges was directeSi.ty :h quire about a different type of membership which would be less expensive to the City while allowing ti01:004#04:411e. benefit of membership of the county's largest city. Councilmember Wachter expressed girl'ificem that $aliti r#creases do not reflect full benefits or full Citysc asst. Staff suggested that employees be provided, with more lnformatiortto make them aware of these total costs. General discussion followed regarding payments to' nteerfirefighters a . the impact upon recruiting additional volunteers. Assistant to the Administrator Duffy caulk i .ttiat;y. egs::t not be compensated on an hourly basis to • • EAGAN SPECIAL CRY COUNCIL MINUTES: OCTOBER 24, 1995 PAGE 2 volunteers. Assistant to the Administrator Duffji Cautioned that volunteers should not be compensated on an hourly basis to avoid FLSA problems. Consensus was :fea>«t ad :fhsX the . 996 volunteer compensation in the preliminary budget be increased to the level of the departs en t 5t.1 r ga;vas given to staff to provide information about the pensions provided to employees through Pi=RA:..... PIJUC UTILITIES BUDGET Administrator Hedges made a general presentation covering the Water and Sanitary Sewer Department budgets. Administrator Hedges stressed the continued emphasis on using part-time personnel to provide for seasonal assistance and peak work loads. Counciimember Wachter expressed concern about the cost of providing clothing to certain employees and about tbe. :need to address this Issue in subsequent negotiating sessions. Councilmember Awada concurred with this Wcess. There was general discussion about certain City reservoirs Including the type of construction and maintetirance reggiftiements. The Cliff Road reservoir and its future use were specifically reviewed by Director of Public WtOs Colbejliii Regarding the Sanitary sewer Budget, Councilmember Wachter asked if money is budgeted for eme'tgencies.::Mbst emergencies can be handled through the regular fine item budget accounts. Councilmember Malin :ifgl rrerilAp :.ors :.ths. ;use of part-time employees and questioned whether it is to save costs or because of net : e War.:#i ::Oestions raised about the Street Lighting budget or about the estimated revenues raised to support the water, sanitary sewer or street fighting operations. Councilmember Wachter asked whether technology is helping to reduce the cost of intersection signalization. Director of Public Works Colbert responded that cost drivers include programming and related activities to provide integration of signals. Technology has not really had the effect of reducing overall costs. Fire Chief Nelson suggested implementation of a signal pre- emptionsystem for public safety vehicles. It was agreed that spot implementation is probably not appropriate, and i ;s udy outlining cost and safety Issues should be presented at a future work session. • ..:9.9.6- 2000:'CIP Administrator Hedges began by presenting ' tie it:I IP. (General Government Facilities) information, Councilmember Awada stated that park items do not belorig'iii .eft I of the CIP. There was concern expressed specifically about the Holz Farm improvements and not being cleat about potential extra costs when the farm was purchased. Councilmember Wachter noted that he would be attending•a task force meeting on the Holz Farm on October 25. Awada moved, Wachter seconded a motion to eliminate all three park (Holz Farm) Items from the proposed Part I CIP. Aye: 4 Nay: 0 There was consensus that the farm should be maintained but other funding sources should be explored for potential improvements. Administrator Hedges was directed to communicate the need for a strategic plan/program for Holz Fa rtp.tp p .arks and Recreation Director Vraa to be shared with the Holz Farm Task Force and/or the Advisory Parks.M0)01;ion::ChIS4W Resources Commission. Discussion was then undertaken re aiding thik.l glance of the Items in the Part I CIP which were all Fire Department related. Councilmember Wacttec :requested:Jnformation regarding how much space is available at the Fire Administration site Concern was e4j ssed ateiizt the feasibility of building a $1,000,000 training facility ($200,000 land and $800,000 building) and:Wititiiii:WaRiOVIlstruction and use Is feasible and practical. Fire Chief Nelson noted that with the acquisitioffiifffilitmg.iffetiftiirty, some training could take place on that site. An access road would probably be required for even this limited utilization. Wachter moved, Awada seconded a motion to remove the $200,000 training facility land bank and the $800,000 training facility from the Part I CIP. Aye: 3 ' Nay: 1 (Masin opposed.) Councilmember Wachter asked additional questions about the current Fire Ad ,4ti:- >"wlding and site, along with the ambulance service. Fire Chief Nelson inquired about potential uses of t#i'e. ititeiftd:0oiitti ilmember Awada asked if a Station ti6 and a station In the northwest quadrant were needed. Ctzri i. isus was rea li i that these two items should remain in the Part I CIP for 1996 and that the land banking was. appropriate. Atithinistrator Hedges was directed to work with the Executive Board to determine•the feasibility: RI cost sharing on $training facility, to develop a comprehensive plan for the Fire Administration site and depart&int •needs, and a c ftrehensive plan for additional stations. EAGAN SPECIAL CRY COUNCIL MINUTES; OCTOBER 24, 1995 PAGE 3 Administrator Hedges introduced Pal if fthe proposed 1996 -2000 CIP by explaining the material that had been provided to the City Council. Councilmeeber:1AIag14 r. .gaup ed how much boulevard the City actually needs to cut and what the cost savings would be titi*(::1404;016#iptice or twice per year with a flail mower. He suggested there could be cost savings in both eiauipr iente'tid 5 tsuhnel. He also suggested the City do mulching rather than using fertilizer. Councilmember Hunter had previouslycommunicated to Administrator Hedges his appreciation of the 15 year analysis of equipment. He felt the annual allocation should be increased to replace existing equipment. He was not supportive of the requests for increased funding for new equipment. The issue of plowing trails was raised: since some new equipment proposed is for that purpose. It was determined that perhaps the Advisory Parks # creatioq : d Natural Resources Commission study this issue during 1996. Councilmember Awada stated that-'isdme additional purchases .in Streets and Police may be required, although she was not supportive of expansitig: a.#1..9 ;Q ;:pepartcnent. Consensus was reached that 1996 needs to l;e't'ri►lfo&'ffie'departments and work would continue for the final four years of the CIP. Staff was directed to work up different options for additional City Council consideration. Concern was expressed about the difficulty for either the City Council or the staff to determine and project exactly what is needed. OTHER BUS N S5: Administrator Hedges briefed the CitX: �r iari il: fi 4he status of the City's attempts to negotiate with Northwestern Mutual Life Insurance on the:piate€iti81'land aiquisition. There being no other business, the meflxip150J9un9d at 9:45 p.m. DLP Date City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota November 6, 1995 A regular meeting of the Eagan CitMuncil was held on Monday, November 6, 1995 at 6:30 p.m. at the Eagan Municipal Center. Present were'Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator: ;¢ ritg I#gwP;a qn ty Development Director Peggy Reichert, Director of Public Works Tom Colbert, and { hji: i aii9jf:J#i : ge�don. KIM Wachter moved, Hunter seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 Councilmember Awada noted a critirCtion on :age 1, that the seconder to the motions approving the minutes was Counciimember Masin. She.:i l o requ ¢fl d that language be added on page 8 regarding the solicitation ordinance, to state that becausa'itie City ciapnot discriminate based on the product sold, all groups would need to register, Including communit groups,.'s'hod groups, Girl Scouts, etc. Awada moved, Wachter seconded a motion to approve the minutes maMikl: Ay ; 5. Nay: 0 Mk, AZIONALRINVIEBIL,BOICREATIN Councilmember Masin noted a correction on page 2, paragraph 2, "...that there are better ways to do this project than with the parking in the front.' Hunter moved, Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Wachter moved, Awada secondeda motion tp approve the minutes of the special meeting held August 29, 1995 as presented. Aye: 5 Nay: 0 • N APPROVE PLANS AND SPECIFICATIONS FOR BLACKHAWK PARK SHELTER BUILDING Parks and Recreation Director Vraa gave a staff report, reviewing the design of the building. Councilmember Masin asked about Installing cameras In the.parKfor security. Parks. and Recreation Director Vraa indicated they are In the process of dFaitttitii0olifli:ritiatithis has been the worst year for vandalism In the parks. Councilmember Wachter express • a court about using wood shingles. He feels a metal roof would be better. Parks and Recreation I?ii rotor Vraaiibted that the metal roof was bid as an add alternate depending on how the bids come in. meter mcy,.i, Awada seconded a motion to approve plans and specifications to authorize staff to advertli .for....b j ..th0. construction of a shelter building /pavilion for Blackhawk Park. Aye: 5 Nay: 0 Councilmember Wachter asked how many skating rinks will be open this winter, and Parks and Recreation Director Vraa responded that all but one location will be opened this year. He Indicated staff will be taking a closer look at skating use, noting that staffing the rinks Is the biggest issue. They will be reducing staff at some of the rinks. , Councilmember Hunter asked aboiiiiiGatus of sfgi /$JQnalization In the parks. Parks and Recreation Director Vraa noted that it has gone to the Mvisory Parks, Re s ation & Natural Resources Commission, and they are still in that process. • EAGAN CITY COUNCIL MINUTES; NOVEMBER 6, 1995 PAGE 2 in regard to Item A, Personnel ftei Councilmember Wachter requested rate scales for the Park Department positions. In regard to item C, hange Center Expansion. Councilmember Hunter asked whether the work for the pare casting will come out of franchise fees. Assistant to the Administrator Hohenstein indicated It could )p¢me out of franchise fees if the Council wishes. Councilmember Hunter stated he feels that would be appropriate. In regard to Item E, ;Authorization. MVTA Membership in Suburban Transit Association. Councilmember Hunter noted the cost is 20 cents per capita for Eagan. Shannon Tyree, Planner, noted that some of the larger cities were capped at $9,500 for at least thgiffrst year. Counclimember Hunter expressed support for this on the short term. Mayor Egan noted that it :items to l :top heavy on lobbying with respect to transit Some discussion followed concerning the cost. In regard to Item G, Contract 95- 07,,,Appp9Xg,Cir i hange Order #1. Moots Road Street and Storm Sewer, Councllmember Wachter questioned the i d40.gt .Q g street and the reason for requesting It. Director of Public Works Colbert responded til iiiesfibIYS:'• . • • • • • In regard to item L, contract 95 -14. Clemson Drive Streets and Utilities. Mayor Egan noted the Council has to make a decision as to whether to approve the lowest bid due to the fact that the bid wasn't signed. City Attorney Sheldon noted that the bid wasn't signed, but the bid bond was. It Is his opinion that the Council has the discretion to make their own determination as to whether tgctba)ve the Informality and accept the lowest bid or whether to take the second lowest bidder. Mayor.g*: kkikited that this be voted on separately, noting that his law firm was approached concerning :3 his:issue;'1;of%e Wili abstain on this vote. Considerable discussion followed concerning bidding law. Councifiiie er WachtE is oted that the difference in bids Is only $6,000. If the second lowest bidder decides to sue, tbs ;fit: ;t:. uid' easily spend that amount. Tom Shield, of Shield Construction, stated that they are not in a posifroiitoi:taice :tha :City to court. He noted that bidding procedures are extremely strict. His experience has been that If the'firtifitililipigned, It is considered non - responsive. He added that the city could be setting a very dangerous preced'ei'iV. Councilmember Hunter stated he feels the right thing to do Is go with the lowest responsive responsible bidder. Hunter moved, Wachter seconded a motion to award the bid to the lowest responsive bidder, Shield Construction. Aye: 3 Nay: 1 (Awada opposed; Egan abstained.) In regard to item M, Contract 95 -20. Ngr't}�Water TTAnie t Plant Repainting. Councilmember Wachter asked whether this is over budget Directs Pu 1c y?10. ; ert responded that It Is not. In regard to Item Z Approve •7A ieemeh(lc r Engineering Services. Montgomery Watson. Inc, Councilmember Wachter asked what the 0.10t will bQ:;irector of Public Works Colbert indicated they will be paid on an hourly basis and is a general t 4;904 :r iBF pertraat for services. In regard to Item BB, Massage Therapist Ucerises " Councflmember Wachter noted the Council has approved a lot of these licenses for Care Chiropractic. in regard to Item FF, Receive Public Works Committee Recommendation. Councilmember Wachter requested that a copy of the minutes of meeting be sent to Don Chapdelaine. In regard to item GCr, Final SubdIv Soderholm'A i Jon. Councilmember Masin requested that this be pulled for separate discussion. "' A. Personnel Items EAGAN CITY COUNCIL MINUTES; NOVEMBER 8, 1995 PAGE 3 Item 1. It was recommended to approve the hiring of Paul Watry as a regular Parks Maintenance Worker. hem 2. It was recommended to approve thOiking of Patricia Porosity as a regular part-time Clerical Technician III for Central Services Maintenance. Item 3. It was recommended to approve thap▪ lmqn gf .. • " ha and Anthony Sundgaard to the position of Patrol Officer. Item 4. It was recommended to approve iiigtiring of a person to be named as an Associate Planner in the Community Development Department. Item 5. It was recommended to approve the hiring of Patricia Brown, Michelle Uckness and Janet Palo as Seasonal Skating Instructors for the Civic Arena Item 6. It was recommended to approve tii0iiring of Wentin Mitchell as a seasonal Concession Stand Worker In the Civic Arena. Item 7. It was recommended to approc00.0::if9VOti:gma.A.:polIcy implementing the Federal Omnibus Transportation Employee Testing Act and tfod:gUJat B. Plumbers Licenses. It was recommended 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. as presented. C. Chancre Orders. Police Department/Municipal Centi• . ▪ iin. It was recommended to approve change orders for the Police Department and Municipal. Qepler ahsion as presented. D. Recommendation. Airport Relations Coiririiii0oh. Exparie▪ bn of MAC Voluntary Nighttime Traffic Restrictions. It was recommended to approve expansion of1140Aiglgy nighttime air traffic restrictions as presented. ' • • E. Authorization. MVTA Membership In Suburban Transit 'Agiii6ktion. It was recommended to authorize the MVTA Board of Directors to acquire transit authority membership in the Suburban Transit Association. F. Special Hunting Permits/Brian David Lanner. Craeg A Nolan, it was recommended to approve the special hunting permits as presented. G. Contract 95-07. Nicoll Road. it was recemmriied to :Wive Change Order #1 to Contract 95-07 and authorize the Mayor and City Clerk to exfAii H. Contract 95-15. Well #19. It was recommended to.mcelve the engineering report and approve the detailed plans for the development of Well #19 unCo▪ .9100-15 and authorize an advertisement for a bid opening to be held on December 1, 1995, at I. Contract 95-16. Well #18. It was recommended to receive the engineering report and approve the detailed plans for the development of Well #18 under Contract 95-16 and authorize an advertisement for a bid opening to be held on December 15, 1995, at 10:00 a.m. J. Project 636R. Poppler Homestead No 2. :0410giiiiocied to receive a petition and authorize a revision to the feasibility report for Project 636R. • K Vacate Farm Road. It was recommended to receive a req4est and schedule a public hearing to consider the vacation of Farm Road from Dodd R to T.H. 3. EAGAN CITY COUNCIL MINUTES; NOVEMBER 8, TON PAGE 4 L Contract 95 -14. Clemson Drive. It was recommended to receive the bids for Contract 95-14, award the contract to Shield Construction, and authcir40 the Mayor and City Clerk to execute all related documents. M Contract 95 -20, North Water Treatment' Plant Repainting, ft was recommended to receive the bids for Contract 95-20, award the contract to the ti it. st,sr$itr03#1!f # 3der, and authorize the Mayor and City Clerk to execute all related documents. ........ ........... .... N. • Snow Removal Contract It was recoriittended to approve a snow removal contract with Gallagher's for snow removal services for the 1995 -96 suit and authorize the Mayor and City Clerk to execute all related documents. . Q Award Contract. Facilities Systems Inc.. Landscape Partitions. ft was recommended to waive the quotation policy requirement for landscape screens at to award separate contracts to Facilities Systems In the amount of $12,859.50 and $24,816.15 for landscaWicreensig51 systems furniture. P. Easter Lutheran Church: CQSr prehenst ;flan ArAidment. it was recommended to approve a resolution amending the Eagan Comprehensive Gukte ,Plan from D -I Single Family Residential to PF, Public Facility to allow the development of a 79,000 squared*. efurC J fadttjl.• iAr.:the northwest corner of Pilot Knob and Cliff Roads for Easter Lutheran Church. ..... - - ... 0. Final Subdivision. Kenneca Development. There was no action taken on this Rem. R. Final Subdivision. Preliminary and Final Planned Development. Eagan Heights Townhomes Addition. It was recommended to approve a final subdivision for Eagan Haight• : ' ownhomes Addition, subject to conditions; approve a preliminary planned development for 206 ::: *duffle units on 29 lots, an 18,000 square foot neighborhood retail site, a 5,000 square foot ;bank, and a•8 0Q0 square foot day care subject to conditions; and approve a final planned development for :toiiiliome units, subject to conditions. • S. Approve 1995 General Fund Budget AdJustiilifits it wasrecommended to approve the budget adjustments as presented. T. Approve Contract for Fire Pumper. It was recommended 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. U. Joint Cable Commission Recommendation. Pass Through of PEG Access Fee. ft was recommended to approve the Cable Commission recommend, regardinn :toe pass through of the public- educational- government PEG access fee. • V. Approve Contract for Well Drilling. 8tar6khawk''rk. It was recommended to approve a contract for Installation of a well at Biackhawk Park tp :#gimmes- aaRer Well Drilling Inc. In the amount of $5,451. W. Approve Contract for Installation of s; { awk Park. ft was recommended to approve the Installation of a septic system at Blackhawk Park to gabber Plumbing & Heating Co. in the amount of $8,900. X. Approve Framing of Equipment Maintenance Building. Lexington- Dlfflev Athletic Fields. It was recommended to award the contract for base framing of a park. aliit< n e facility at Lexington Diffley to Sussell Inc. In the amount of $23,500. EAGAN CRY COUNCIL MINUTES; NOVEMBER 6, 1095 PAGE 5 Improvements phase of the Schwan Lake Water Quality improvement Project and to authorize advertisement for bids for the project. Z Approve Agreement for Engineering SeMde. Montgomery Watson. Inc. It was recommended to approve the agreement between the City of Eagan and.fr ia•:cpnsultilg_flr[n ,of Montgomery Watson, Inc. AA. Approve Dakota County SWCD Urban os` ''Sfiare (,i' rif '( ritract. It was recommended to approve a contract between the City of Eagan and thili Dakota County SWCD for expenditure of grant funds. BB. Massage Therapist licenses. Jenny Gamer and Sandra Beyer. It was recommended to approve massage therapist licenses for Jenny Lea Gamer for The Tropics and Sandra Beyer for Care Chiropractic Health and Resource Center. CC. Accept Reslonations. Cable CommLiiie;ations commission and Airport Relations Commission. It was recommended to accept the resignatiorfa::of DavgAnd Lois Monson from the Cable Communications Commission and the Airport Relations Corttiiriission, iepectively. DD. Contract 93-GG. Autumn Ridge 4th Addttlonti... yos,.reGpmmended to acknowledge the completion of Contract 93-GG and accept the improvemQI, ; or'.p etuaj ityitiaintenance subject to appropriate warranty provisions. EE. Disposal of Excess Police Department Property. It was recommended to declare as surplus property 10 police squad car visabars and direct their disposal as appropriate. FF. Public Works Committee. It was recommended to.t*elvhe minutes of the Public Works Committee meetings of September 20 and October 17 a affiun ha 8g4 mmendation. 9 P �. Hunter moved, Masin seconded itiiiotion to appr ye the consent agenda. Aye: 5 Nay: 0 • I GG. Final Subdivision /Final Planned Development::gt t FiiO] dltion. Councfinemtier Masin noted she felt this would come back for discussion because the Council Was .'t;#ifeased with the design of the preliminary plat. Community Development Director Reichert noted that there was some discussion at that meeting about the site plan. They did meet with the developer and traffic engineers, and some minor changes, were made. Staff feels the internal circulation works and Dakota County approved a 60 foot half right -of -way' on Lexington Avenue. They will also have a 10 foot easement for sidewalk purposes. She noted that the preliminary subdivision was approved subject to staff review; however, there isn't a lot that can be changed with the lots the way they are. After some discussion, Counclimember Avraffaii0Vested:141.40 the minutes from the meeting where the preliminary subdivision was approved. The ;enda•w $;$ aiiiiiiii d to the public hearings so the minutes could be retrieved. ti;::: • I CERTiFICA : a .:ii:i MOW UTILITY BILLS Mayor Egan opened the public hearing to anyone wishing to speak. There being no one wishing to speak, Awada moved, Hunter seconded a motion to close the public hearing and approve the final assessment : roll for :delinquent utility bills and authorize its certlficatlqn to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQ &1' WEE '�..:::*E::::;:;:.:.:::.:.:.::............::::::.... u rliNG AND FALSE ALARM BILLS Mayor Egan pened the public Bring to anyone wiSfii'ng to speak. There being no one wishing to speak, Hunter moved, Wachter secondti : a motion to dct::the public hearing and approve the final EAGAN CITY COUNCIL MINUTES; NOVEMBER 6. 1995 PAGE 6 assessment roll for delinquent weed cutting and false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 • VACATE UTiLIT E LSEMENT, SODERHOLM ADDITION Mayor Egan noted that this discussig5:41MInpopkwtier with the final subdivision and final planned development for Soderholm Addition. He titan: ; I th a 4,i bffq Fiaaring to anyone wishing to speak. Awada moved, Masin seconded.a motion to suspe9d: consideration of this to after Old Business Items. Aye: 5 Nay: 0 ORDINANCE AMENDMENT, PUBLIC FACILITIES DISTRICT Community Development Directo�;A@ichert gave a staff report. Councilmember Hunter expressed a concern about some of the wording In the:iordinanoa•and felt clarifying language is needed. After some discussion, Hunter moved, Masin seconds f ;* motion*iiOoritinue this to the next meeting for clarification of the language. Aye: 5 Nay: 0 AUTHORIZE PARTICINk '''; R H.lWATN. :22 MEDIATION SURVEY Administrator Hedges gave a staff report. Discussion followed concerning the cost for this and the fact that the city must be a participant in the survey In order to participate In the mediation. Assistant to City Administrator Hohenstein gave further information on the survey, and more discussion followed concerning the costs. Councilmember Awada suggested doing a base survey and then take the results and ask further questions in depth based on the answers. Assistant to the Adr.nlrilstrator Hohenstein noted that that could be done If it were the City's survey. Eagan Is one of several ::il$ :Involved in this survey, so the decision before the Council is whether or not to participate jn:.the r $th ey; : Counciimember Wachter stated he doesn't agree with the amount of money that has been'iii:.oii'this; hoiver, he feels the City needs to participate In this for the benefit of those in Eagan who are'impagt90 ;by thi: • Masin moved, Wachter seconded a motion to'aut# ze:i ity participation in the Runway 4/22 mediation survey and allocate funds from the budget contingency in cif egount not to exceed $17,500. Aye: 3 Nay: 2 (Awada, Hunter opposed.) FINAL SUBDIVISION, FINAL PLANNED DEVELOPMENT, SODERHOLM ADDITION Councilmember Hunter made a refereppe.19 the minpt s.of the September 5 meeting, where It states that the internal circulation pattern needs ta.i a %ntidifed: t*eet: staff approval before final approval Is given. Community Development Director Reicheit .t spondefl tk It the'developer feels the internal circulation works, and staff could not come up with any sugge> tions to`fiiither rationalize changes due to the limited access to two county roads. Councilmember Awacta:asked whether the layout of the lots can be changed to improve circulation. Councilmember Masin add ;that Jf ;tt Qi;e. are circulation problems, the Council gets blamed. Councilmember Wachter indicated he sti I bi s. * 3r iii.: et_3tki:ttut getting approval from the county for a right In/right out onto Diffie Road. He wonderedi ietlie�'1J e � tiuld go back to the county and make another Y �Y' .., 9 ntY request Director of Public Works Colbert noted the, county has been approached twice on It and they won't consider It. Considerable discussion followed concerning the number of uses on the property, and the Council's intention as to what Council direction was given to staff. Councilmember Hunter indicated helarav OgiiMat this configuration doesn't work, but he needs to be convinced that It does. Giving apprOgib a prelimiti subdivision means there is agreement with the basic concept and that some fine tuning ids to be done. l ;i oesn't feel the fine tuning has been done on EAGAN CiTY COUNCIL MINUTES; NOVEMBER a, 1995 PAGE 7 this subdivision. Councilmember Awada added that the Council approved the preliminary subdivision with access to Diffley Road, and the access was .denied by the county. Ray Connelly, of Connelly Developiirent, noted that their engineers worked off of the traffic study the city did In the late 1980's and early 1990's..#9.r• aisc.p pe i . ;noted that the ponds need to be in certain areas because of where the lines are Iocatl : ::l ; li gfit*y further modification can be done. Any rearranging of the lot lines would constitute a .i to itiii'pfat which was already approved by the county. Considerable discussion followed concerrji g. access and Internal circulation. Mayor Egan noted that the Council hasn't seen the report referred to, acid :the Council isntcomfortable with the information given to make a decision on this. Jim Johnson, of Bolton & Menk, traffic engineer for the project, reviewed the Ingress /egress and Internal traffic circulation of the project. Considerable more discussion followed. Councilmember Wachter stated that ;the Council has to decide whether this plan is acceptable. The Council cannot change the plan without se g It baclf;to the county. Lauren Florine, 4085 Lexington Avenue, indicated it appears there are too many Liles for thikOtoperty, not enough parking and inadequate access. Councimember Hunter stated he thinks t.*:traffic fl*will work. He doesn't feel it is perfect, but it will be adequate. He noted that the perhaps the C;tiificil neede:to be clearer in giving staff direction. Counciimember Wachter concurred, stating he feels the Cgt it;'0AuJ :.take: :8 yofa when staff direction is given. Hunter moved, Wachter seconded a motion to if). prove final subdivision for Soderhoim Addition. Aye: 3 Nay: 2 (Awada, Masin opposed.) Hunter moved, Wachter seconded a motion to approve the final planned development for Soderholm Addition, subject to conditions. Aye: 4 Nay: 1 (Masin opposed.) VACATION OF UTIUTY EASEMENT, SQpERHOLM ADDITION Mayor Egan asked whether anyone wanted spe*k",to this issue. There being no one wishing to speak, Hunter moved, Awada seconded afitiggitilif 'clos.: the public hearing and approve the vacation of sanitary sewer easements as described, atiti orize.the Mayipi' and City Clerk to execute all related documents, subject to final subdivision approval by CoutiatJ:i ed fl.end simultaneous recording with the final plat at Dakota County. Aye: 5 Nay: 0 CONDITIONAL USE PERMiT,'S.J. KNIGHT Community Development Director Reichert gave a staff report and Scott Knight, of S.J. Knight, reviewed their proposal. Some discussion followed , ming the :# f trees being planted. Jerry Johnson, 2910 Burnside Avenue, indicated he would like gees tide i netfvp. He is concerned about any expansion and would like to have some screening next Vic:lite propeiifp Wachter moved, Awada second motion ttr ipprove a conditional use permit to allow a loading area within 300' of a residential district for a net 013;i ::.ii:1 lr0 €opt ;ttullding on Lot 6, Block 4, Eagandale Center Industrial Park, zoned Research and De vebpiifilifntiuc t6if: ::x335 Eagan Court, subject to the following conditions: 1. If outdoor storage of the trash container is proposed, details and elevations of the enclosure are required. They shall demonstrate tha is:Rompatibie and made of the same exterior material as the principal building. 2. This permit shall be recorded gt:eakota County ' ,In 60 days of Council approval. EAGAN CITY COUNCIL MINUTES; NOVEMBER 6,1995 PAIGE 8 3. The driveway entrance shall be constructed with a concrete apron In accordance with City standards. 4. The developer shall; enter Into: greement with the City regarding implementation of proof of parking. 5. The landscaping, including bemtit'es'aiprived ' y'tii >rity, shall be Installed as per Landscape Plan dated September 20, 1995 and: iyised October 6, 1995. 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. 7. Catch basins shall be added at the entrance to handle runoff from the site before It flows onto Eagandale Court • Aye: 5 Nay: 0 CONDITIONAL USE PERMIT TO AL.I.A 4.1: T13UC .TERMINAL AND SECONDARY SALES AND SERVICE; CONDITIONAL USE PERMS' ;AE#f'V�tt�g ORAGE ON -SITE - HOOVESTOL, INC. Community Development Director Reichert gave a staff report. Colin Evenson, with Evanson Huus Architects, reviewed the proposed screening. He indicated he feels they can accomplish additional screening requested by staff without additional encroachment on the Hoovestol operations. Counciimember Wachter Indicated a concern about the 'species of trees being used, but.wants to have sufficient screening for the neighbors. • Elizabeth Larson, President of the ;Wl Sgbaie:Townhouse Association, presented a petition of 77 names of people who are opposed to thIsiedfidilional use pi'rmit due to decreased air quality, increased truck traffic, decreased property values, loss of sign8i0i4:trea cover and Ineffective buffer between commercial and residential properties. They are requesting at a nilnliii**urance of a densely landscaped buffer zone on the north and /or south side of Yankee Doodle Road, as vwelE :aS;ltie east side of Mike Collins Road to visually separate the commercial and residential zones. They don't feefithe Planning Commission recommendation provides adequate assurance, and requested a meeting wiith the developer and landscape architect to approve the final buffer and landscape plans. They are also concerned about a 24 hour operation at this location. Wayne Hoovestol, reviewed the access issue, and verified that it would be a 24 hour a day, 7 day a week operation. John Houston, representing WesW Townf i m s Limited Partnership, presented a letter expressing their concern about a landscape buffer on ..t9 west and south side of the Hoovestol property. Jan Mitchell, 847 Wescott Square, expressed a concern :hut tree War that will be lost, having a 24 hour operation,.and decreased property values as a result of .: Community Development Director Reichert reviewed the tree preservation plan and noted there is no lighting plan. Counciimember Hunter stated he doesn't favor this conditional use permit due to the nature of their business, specifically a 24 hour operation. A parking lot with 97 trucks Is too Intense and Is not a harmonious use. Yankee Doodle Road is a barrier .INt not an adequate barrier. It-doesn't provide a noise barrier or a light barrier. Mayor Egan con9Offiiigigitiiitlhat he Is also concerned about having a buffer between Industrial and residential property, ; :th A'undatgml d fuel storage. Councilmembers Wachter and Awada concurred, noting it Is too heavy il:;if to be across'ikciip a residential area. • EAGAN CITY COUNCIL MINUTES; NOVEMBER 6, 1995 • PAGE 6 Awada moved, Wachter seconded a motion to deny the conditional use permit requests for a truck terminal and secondary sales and service of trucks and trailers; and for an underground fuel storage tank on Lots 17 -24, Block 2, Eagandale Center Indu§#.t l Park No. 4; and that staff be directed to prepare findings. Aye: 5 Nay: 0 .. CONDITIONAL t3s:P i' M1*ffi $OTA COACHES Community Development Director; eichert gave a staff report, noting that if this Is to continue as a conditional use permit, additional condition :shay be added. Pat Regan, owner and operator of Minnesota Coaches, reviewed their operations and urged Council approval. He noted that If this conditional use permit Is not approved, they must move off the site. They would like to continue to grow and eventually build a new facility In Eagan. Mayor Egan asked what would be::Jncluded in the conceptual site development plan that is being suggested by staff. Community Developm tit; Directdt;ieichert indicated it would include such things as how Individual lots would be set up for each building, wherflae parking and outside storage would be for each use, hpw access would be provided to any nevi<fots for fi;1tte development, incremental paving, storm drainage, landscaping, etc. She feels it would be dope;lnor ?me>tally.:::::::::: Awada moved, Masin seconded a motlori'to'upp c$ve'tFie' 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, 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, Alias 'k Old ota, Inc. shall submit a conceptual site development plan for the entire i5: : Ite shall be reviewed by the Advisory Planning Commission and acted on by:tl a City Council::: 3. The development plan shall conceptually' , levelopment and /or expansion areas , proposed site Improvements, and an improvement 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. Aye: 5 Nay: 0 FINAL PLANNED V ..... M 'XPRESS LUBE • Community Development Director;' eichert gave a staff report. Wachter moved, Hunter seconded a motion to approve a final planned develoent to alit* a quick oil change facility on Lot 6, Block 1, Thomas Lake Center, In the Blackhawk Park Plant ;p rele awbject to the following conditions: 1. The final planned development includes a 3 -bay, 2,100 square foot 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. Final site plan, building elevations and sign plan, landscape plan_ (signed by.Mlhn :iii0tetefl land architect or certified nurseryperson), and lighting plan are necessary for this ttAkkiitiiiintititiii:00 submission of these final plans, provided they are in conformance with the; timinary plans••00mitted, the final planned development may proceed to the City Council for approval. EAGAN CITY COUNCIL MINUTES; NOVEMBER 6,1995 PAGE 10 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 aication for trails. 5. The developer shall provide the :. property. • ....... Aye: 5 Nay: 0 erg. :.cfi;•rrorded Ingress/egress easements to this RESOLUTION TO PARTICIPATE IN LIVABLE COMMUNITIES ACT Community Development Director Reichert gave a staff report and reviewed the Advisory Planning Commission recommendation. ' Discussion; ,followed concerning the amount received under Community Development Block Grants and the ALQE$ (Affordable and Life Cycle Housing Opportunities Amount). Community Development Director Reicher>ioted tha:t#e goal is to have "life cycle" housing which means they would like each community to have a variet of houses types. Administrator Hedges reviewed a meeting he had with the Met Council regarding the Issue of clustering with other Dakota County cities and the Dakota County HRA. The Met Council indicated t: . i y'::cgrae:in.:concept with clustering, and that the county could act as the delivery body for the affordable ficittiltititsbjk*WiliMieor Egan noted that the Municipal Legislative Commission and Association of Metro Managers strongly endorse this concept. Councilmember Awada asked for an explanation of benchmarks relative to affordability. Community Development Director Reichert noted that the benchmarks are something they want cities to work toward, not necessarily meet. She feels the city will be able to maintain the•(evel of affordability In both rental and home ownership. Because the homes in Eagan valued at $115;0000:1 below will probably appreciate faster than the cost of living, the city can work with CDPG.:gra**.iffiiit4line home buyers to keep them affordable. The City will be working with existing stock, hiss :Kiel's really isn't land available for that type of project, and there isn't money available to subsidize new coo txuction. 't iere really isn't land to build new apartments either, so the goals will be geared towards holding the lIn qrn: hat is already here. Considerable discussion followed concerning wlietlieF br not to participate in this program. Masin moved, Hunter seconded a motion to approve the resolution electing to participate in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act Councilmember Awada indicated she is not comfortable joining this program until it is fully understood what will be expected. Councilmember Hunter stated he doesn't feel that this obligates the city to create more affordable housing. Those goals are to be determined. This Is simply entering into a ;program that the city has already been doing for years. Aye: 4 Nay: 1 ( Awada opposed.) REGISTER RESAt; CONStOth FINANCIAL ASSISTANCE Community Development Directo lchert gage a staff report She noted that this has been reviewed for this loan and not by the operating loyans of the business. essg tits fiidf std: business falls, the collateral would be paid first, the St. Paul Port Authority would be paid second, and the loan would basically be paid off with the sale of the property. She added that Register Resale would like to stay In Eagan; however, If this financing doesn't work out, they may have to look at another site. Dave Hoeffel, of Register Resale, urged Oproval, He noted that he and his other partners are personally signing for the entire project Ole sfoli:ftilli ipliiconceming the risks involved, and whether the city should get involved In this financing.: 04i incilmember Mada asked whether there is any documentation of the personal guarantees made by the 'partners. City Attori* Sheldon noted they haven't seen any of the loan documents, and he understands th, f.?won't be drafted unless or until the city approves the project. He EAGAN CITY COUNCIL MINUTES; NOVEMBER 6, 16195 PAGE 11 suggests that any approval be subject to review by the City Administrator and City Attorney. Considerable discussion followed whether philosophically, the city should get involved In this type of program. Mayor Egan stated he feels this is a great opportunity to :help an existing business. CouncUmember Awada stated she doesn't feel the city should be picking and ditsing which businesses to help, and using tax dollars to do that. Councilmember Masin asked whether apprbvTrig this would set a precedent. City Attorney Sheldon indicated that these are very fact-specific operationsti::ont .j ;dcestA%el It would set a precedent. Councilmember Hunter reiterated his philosophy that finandak :xctsls * #IJI;$;fAt di lining communities, but Eagan has always fostered a healthy business dimate. Counetlmember Awada added that she feels Eagan should treat everyone the same. Considerable more discussion ip8owed. Hunter moved, Awada seconded a motion to 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 for Register Resale and authorizing the execution of a Guarantee Agreement with respect to such financing. Aye: 3 Nay: 2 (Egan, Masin opposed.) Greg Drehmel, of St. Paul Port Authority, noted they have discussed changing some of the wording In their guarantee that wouia# t. arify their.position on the guarantee. It requires that before the Port Authority draws down on any guarantbffered *the City of Eagan, they must first exhaust any and all collateral under the loan documents, whiCM indudo :the personal guarantees from the partners. Some discussion followed. . TRAPP POINT, PRIVA §Agi VS; PU UC RIGHT-OF-WAY Director of Public Works Colbert gave a staff report, giving the background on this request. Dale Huber, of JBL Companies, questioned the cross easements referred to by City Engineer. CouncUmember Hunter addressed several questions concerning the structure of the existing roadway. Director of Public Works Colbert Indicated staff could take some core samples and evaluate the structure, and review the design dimensions. Some discussion followed concerning the widA.pf;:t a roadway, the size of the cul-de -sac, and whether the street would be adequate for emergency. v: ij leg:a}itl snow plows. Awada moved, Hunter seconded :6t ia#itlon to refQhis matter to the Public Works Committee for a recommendation and action by the Council On.Nayember 24: :tinder the consent agenda, with the understanding that the applicant will provide the specifications r r•';Iwo;:core samples. Aye: 5 Nay: 0 tisvx.:,;r:x,awalTAMS.MRNintraggrAIN4 Mayor Egan noted he received a letter regarding locating a new library in Inver Grove Heights. He feels this would be a good opportunity to show Inver Grove Heights that the City of Eagan Is trying to cooperate with them whenever possible. He asked Administrator Hedges to draft a letter of support for this library to be located in Inver Grove Heights, and asked for the Council's permission to send It on the city's behalf. He added that he hopes that will ease some of the tenaipf.Mi :exists regarll g the storage facility issue. CouncUmember Wachter questioned who would provide se?isi r ario Mt giVii ffliifaxy. He noted that the library wouldn't benefit Eagan residents. Councilmember Masin 101 ated ttii *6 Ubrary Board must have a plan in mind as to where they would like to locate the library, and4fie doesn'tteel comfortable going ahead with this without seeing justification as to why the city would v►tarst to afterlhe Ubrary Board's recommendation. Considerable discussion followed regarding what critel3 is ::t :;I§i. :1.4..I.,iprary Board for the location of a library. No consensus was reached, but It was sugga rd:ilis; ( G old write a letter on his behalf If he wishes. Administrator Hedges Indicated he can research whether Wit t;•tove Heights meets the criteria for location of a library, and If It does, the letter could be sent, and If not, the letter would not be sent. The Council concurred. l4 IV,fl',i1IQ ENFORCEMENT OF; ' .� a P KING RESTRICTIONS Director of Public Works Colbert . av8 a staff report *IN that requests have been received to 'bag" No Parking signs on public streets for spacial events. CouncigAQmber Hunter suggested that signs could be EAGAN CRY COUNCIL MINUTES; NOVEMBER 6,199'5 PAGE 12 'bagged' for each school or business, up to four per year.' Councilmember Awada suggested the city by to accommodate occasional requests, but they should pay for the person who has to go out to bag the signs. Councilmember Masin suggested that six everts per year would be more appropriate. Councilmember Awada suggested that staff be given the authorit ;:ft set the policy and number and work something out with the school district. After some discussion, Hur4ter :moved, Wachter seconded a motion to set the fee at $50 per event, with the policy and number of evente:ta,be abllshed ky, staff. Aye: 5 Nay: 0 PRIVATE IMPROVEM!Ne 3'IN p fBF IC'1EttQ1iT -0F WAY POUCY Director of Public Works Colbert dOii a staff report, noting they have received several requests for reimbursements for costs incurred by property owners to repair and /or restore their sprinkler systems that were disturbed during street reconstruction. Counciimember Hunter noted that the sprinkler system Is In the public right - of-way and If it is damaged, It Is the property owner's responsibility. He feels that approving reimbursement would set a precedent. Councilmember Wachter concurred. Wachter moved, Hunter seconded a motion to deny claims for reimburseme%iof damaged private improvements in public right -of -ways. Aye: 5 Nay: 0 EIPPAllen Director of Public Works Colbert 645. ; t :id :4 :neighborhood meeting with residents of St. Francis Woods, who are having structural : :f iiiie b itittg. i' f is with deck footings and patios. The City offered that if the builder would provide the equipment and labor, the city would offer the materials to lower the pond elevation in hopes it would lower the water table. The builder Is now proposing to install intercepting drain tile, so he doesn't feel the City has an obligation to participate any longer since it doesn't affect a city ponding basin, and there is no public easement that is being drained. The builder is requesting that the city still participate with the materials, at a cost of approximately $5,990. Councimember Wachter stated he feels it is a private problem. Mayor Egan and count lmembel : ed. Community Development Director :Reicf tt:ti itcd that her department is trying to be user - friendly, but as a result of action this evening regarding :Stiderholm Add Lion, she will no longer place items on the agenda if they are not completely ready., Staff gets prey uret#•to :place items on the Council agenda: however, she feels the Council dearly wants to have these projects' iri6sef . inized before they come to the Council. Awada moved, Wachter seconded a motion to set special workshops for November 14, 21 and 28 at 5:00 p.m. Aye: 5 Nay: 0 EAGAN CRY COUNCIL MINUTES; NOVEMBER 6, 1995 PAGE 13 Councilmember Wachter reiterated the importance of the Council taking a vote whenever staff direction is given so the direction is concise. Mayor Egan concurred. Councilmember Wachter Indicated by example that he Is concerned about the Capon! Art Patic;;because a vote of the Council was never taken to give direction to the committee. Councilmember Awada siested an update on that issue be placed in the next packet. Councilmember Hunter asked abouttip tj ia, tf . t# aignalization at park intersections. Director of Public Works Colbert indicated that he is however, if he sets that as his priority, he needs to know what he should set aside in Qrder to do that. He felt it could watt until later since parks are not in great use this time of the year. Counciimer, leer Hunter suggested a time frame be Identified for items on the Open Issues list whenever possible. Counclimember Wachter reviewed an ordinance being proposed by the City of Burnsville regarding the leashing of cats. He would like to see a copy of the ordinance if It passes. Wachter moved, Egan second second4i motion# approve the checklist dated November 2, 1995 in the amount of $3,443,556.90. Aye: 5 Nay: 0 The meeting adjourned at 11:42 p.m. DLP Date • City Clerk If you need these minutes in an ahemativ4 : :: iii is uch as IEiirge print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagetl;;MK. 5512; (612) 681 -4600, (TDD phone: (612) 454 - 8535). The City of Eagan is committed to the policy that all p:6040:OW equal access to Its programs, services, activities, facilities and employment without regard to race, col'oi;•.cr:eed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance. • MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota November 6, 1995 A regular meeting of the Eagan CitX.'uncil was held on Monday, November 6, 1995 at 6:30 p.m. at the Eagan Municipal Center. Present were'Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator' r CWSMc ,r gnIty Development Director Peggy Reichert, Director of Public Works Tom Colbert, and tit is ll taaiie3f;Jki ; qi on. som Wachter moved, Hunter seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 Councilmember Awada noted a cciii4tion on :page 1, that the seconder to the motions approving the minutes was Councilmember Masin. She f&1 o requ stud that language be added on page 8 regarding the solicitation ordinance, to state that because: Eie City cianpot discriminate based on the product sold, all groups would need to register, including communt groups, .doltooi groups, Girl Scouts, etc. Awada moved, Wachter seconded a motion to approve the minuteti:AV.i r i lad Ay ; . 5.. •Nay: 0 • Councilmember Masin noted a correction on page 2, paragraph 2, '...that there are better ways to do this project than with the parking in the front.' Hunter moved, Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 • Wachter moved, Awada seconded a motion tp approve the minutes of the special meeting held August 29, 1995 as presented. Aye: 5 Nay 0 • APPROVE PLANS AND SPECIFICATIONS FOR BLACKHAWK PARK SHELTER BUILDING Parks and Recreation Director Vraa gave a staff report, reviewing the design of the building. Councilmember Masin asked about installing cams in the.parkfor security.. Parks and Recreation Director Vraa indicated they are in the process of dr:Witiiiiii:hotilWItriitlflits has been the worst year for vandalism In the parks. Councilmember Wachter expr i. d acctiOrri about using wood shingles. He feels a metal roof would be better. Parks and Recreation i iii`iit for Vraa :frtbted that the metal roof was bid as an add alternate depending on how the bids come in. Wiqhter m¢ygl, Awada seconded a motion to approve plans and specifications to authorize staff to adverts ;fc ..bkf ..ft jh?. ponstruction of a shelter building /pavilion for Blackhawk Park. Aye: 5 Nay 0 Councilmember Wachter asked how many skating rinks will be open this winter, and Parks and Recreation Director Vraa responded that all but one location will be opened this year. He indicated staff will be taking a closer look at skating use, noting that staffing the rinks Is the biggest issue. They will be reducing staff at some of the rinks. Councilmember Hunter asked abogitheistatus of sidit lgnalizatton In the parks. Parks and Recreation Director Vraa noted that it has gone to the Ikidvisory Parks, Relation & Natural Resources Commission, and they are still in that process. • • EAGAN am COUNCIL MINUTES; NOVEMBER a tags PAGE 2 In regard to Item A, Personnel itei; Councilmember Wachter requested rate scales for the Park Department positions. In regard to item C, Change Orders:': ti4:t 8par1`i iefitptunlcipal Center Expansion. Counclimember Hunter asked whether the work for the cable casting will come out of franchise fees. Assistant to the Administrator Hohenstein indicated It coutctik§ine out of franchise fees If the Council wishes. Councilmember Hunter stated he feels that would be apprOOlate. In regard to item E, _Authorization. MVTA Membership in Suburban Transit Association. Councilmember Hunter noted the cost is 20 cents per capita for Eagan. Shannon Tyree, Planner, noted that some of the larger cities were capped at $9,500 for at least thR first year. Councilmember Hunter expressed support for this on the short term. Mayor Egan noted that It :ems to (;:top, heavy on lobbying with respect to transit: Some discussion followed concerning the cost. In regard to item G, pontract 95 -07,,,, pprgYe 'Change Order #1. Nlcols Road Street and Storm Sewer. Councilmember Wachter questioned the tbfld iclti if.:th .ex s i g street and the reason for requesting It. Director of Public Works Colbert responded'i0'gii titfiotts:' In regard to Item L, Contract 95 -14. Clemson Drive Streets and Utilities, Mayor Egan noted the Council has to make a decision as to whether to approve the lowest bid due to the fact that the bid wasn't signed. City Attorney Sheldon noted that the bid wasn't signed, but the bid bond was. It is his opinion that the Council has the discretion to make their own determination as to whether t4Ove the informality and accept the lowest bid or whether to take the second lowest bidder. Maypr•:Egatt requested that this be voted on separately, noting that his law firm was approached concemingiNgf#0,40;:itiWill abstain on this vote. Considerable discussion followed concerning bidding law. Counclijiieer •WachtQi; ;rioted that the difference in bids Is only $6,000. if the second lowest bidder decides to sue, the ::pity .Could' easily spend that amount. Tom Shield, of Shield Construction, stated that they are not in a posifrori•:t take ;the :City to court He noted that bidding procedures are extremely strict. His experience has been that if ttie'tifctSiYf :Signed, It Is considered non - responsive. He added that the city could be setting a very dangerous precedent:: Councilmember Hunter stated he feels the right thing to do is go with the lowest responsive responsible bidder: Hunter moved, Wachter seconded a motion to award the bid to the lowest responsive bidder, Shield Construction. Aye: 3 Nay: 1 (Awada opposed; Egan abstained.) A. Personnel Items l EAGAN CRY COUNCIL MINUTES; NOVEMBER 6, 1995 PAGE 3 ftem 1. ft was recommended to approve the hiring of Paul Watry as a regular Parks Maintenance Worker. Item 2. It was recommended to approve %Ong of Patricia Porosky as a regular part-time Clerical Technician III for Central Services Maintenance. Item & ft was recommended to approve thifiti3:". ' : • • ha and Anthony Sundgaard to the position of Patrol Officer. Item 4.. It was recommended to approve iring of a person to be named as an Associate Planner In the Community Development Department. Item 5. ft was recommended to approve the hiring of Patricia Brown, Michelle Uckness and Janet Palo as seasonal Skating Instructors for the CMc Arena Item 6. ft was recommended to approve thOring of pipntin Mitchell as a seasonal Concession Stand Worker In the Civic Arena. Item 7. It was recommended to approifklilif:::Pit,iii., Transportation Employee Testing Act and Midriff • • ..proar);:policy Implementing the Federal Omnibus B. Plumbers Licenses. It was recommended 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. as presented. C. _Change Orders. Police Department/Municipal Cent(N... '01iSn. it was recommended to approve change orders for the Police Department and Munic!paI:p00.::: nsion as presented. • D. Recommendation. Airport Relations CoKirti.isAgn, Expartibn of MAC Voluntary NighttlmaTraffic Restrictions. It was recommended to approve expansion dt:Mi5g.:i1P1"Z7rttime air traffic restrictions as presented. E. Authorization. MVTA Membership In Suburban Transit 'Agii009n. It was recommended to authorize the MVTA Board of Directors to acquire transit authority membership in the Suburban Transit Association. F. Special Hunting PermIts/Brlan David tanner. Craeg A. Nolan. ft was recommended to approve the special hunting permits as presented. G. _Contract 9507, Nicois Road. ft was rt400.0i e Change Order #1 to Contract 95-07 and authorize the Mayor and City Clerk to extf4ii H. Contraa,.95-15,Well #19. It was recommended teotceive the engineering report and approve the detailed plans for the development of Well #19 tireit*IConyag 15 and authorize an advertisement for a bid opening to be held on December 1, 1995, at 10 3QW authorize a revision hearing to consider EAGAN CRY COUNCIL MINUTES; NOVEMBER 6,195 PAGE 4 L Contract 95 -14. Clemson Drive. it was recommended to receive the bids for Contract 95-14, award the contract to Shield Construction, and authgrize the Mayor and City Clerk to execute all related documents. • M. Contract 95 -20. North Water Trreatmerii'Plant Rgpainting, it was recommended to receive the bids for Contract 95-20, award the contract to the t t ?Ego it 3der, and authorize the Mayor and City Clerk to execute all related documents. ......... ........ • .. •• • • . N. Snow Removal Contracts It was recori'itirended to approve a snow removal contract with Gallagher's for snow removal services for the 1995 -96 seasd'n and authorize the Mayor and City Clerk to execute all related documents. . 0. Awarcl Contract. Facilities Systems Inc.. Landscape Partitions. It was recommended to waive the quotation policy requirement for landscape screens arq . to award separate contracts to Facilities Systems in the amount of $12,859.50 and $24,816.15 for landscap ; creens; d systems furniture. P. East @r Lutheran Church: ComprehensWian ArirAidment. It was recommended to approve a resolution amending the Eagan Comprehensive GUi¢e,Pian turn D -i Single Family Residential to PF, Public Facility to allow the development of a 79,000 square :li ;icfiur j : 0::0n. the northwest corner of Pilot Knob and Cliff Roads for Easter Lutheran Church. 0. Final Subdivision. Kenneca Development. There was no action taken on this Item. R. Final Subdivision. Preliminary and Final Planned Development. Eagan Heights Townhomes Addition. It was recommended to approve a final subdivision for Eagan Haight9;1ownhomes Addition, subject to conditions; approve a preliminary planned development for 20Q t w401it'rie units on 29 lots, an 18,000 square foot neighborhood retail site, a 5,000 square foot :bdn1, end a 5;OQ0 square foot day care subject to conditions; and approve a final planned development for ggktiii* home urn s, subject to conditions. S. Approve 1995 General Fund Budget AdjuiiiitiiiiiiiiAtikasgtcommended to approve the budget adjustments as presented. T. .Approve Contract for Fire Pumper. It was recommended to accept bids and award the contract for replacement of fire pumper unit 5 to General Safety Equipment Corporation In the amount of $199,380. EAGAN CRY COUNCIL MINUTES: NOVEMBER 6, 19D5 PAGE 5 improvements phase of the Schwanz Lake Water Quality Improvement Project and to authorize advertisement for bids for the project. Z A,prove Aareement for Engineering Sekia. Montgomery Watson. Inc, It was recommended to approve the agreement between the City of Eagan ac*d. ie.RonsutkirRiyxrn of Montgomery Watson, Inc. AA. Approve Dakota County SWCD Urban' osi''Sfigii:iS" tieColtract. ft was recommended to approve a contract between the City of Eagan and iii; ?akota County SWCD for expenditure of grant funds. BB. Massage Therapist Licenses. Jenny Gamer and Sandra Beyer. it was recommended to approve massage therapist licenses for Jenny Lea Gamer for The Tropics and Sandra Beyer for Care Chiropractic Health and Resource Center. CC. Accept Resignations. Cable Commtii Ii ations cgmmission and Airport Relations Commission.. It was recommended to accept the resignatiorts:.f DaveRnd Lois Monson from the Cable Communications Commission and the Airport Relations Corktit l ssion, 0 pectively. DD. Contract 93-GG. Autumn Ridge 4th AgrAtiock.:.4:#4s.mcnunended to acknowledge the completion of Contract 93-GG and accept the lmprovemer.$;tar atu Qityitiaintenance subject to appropriate warranty provisions. :. EE. pisposal of Excess Police Department Property, it was recommended to declare as surplus property 10 police squad car visabars and direct their disposal as appropriate. FF. Public Works Committee, It was recommended to. {e4100he minutes of the Public Works Committee meetings of September 20 and October 17 and.aifi3tirei4titrimendation. Hunter moved, Masin seconded a matlorl to apprise the consent agenda. Aye: 5 Nay: 0 • GG. Final Subdivision /Final Planned Developmerif::Ji i t0e) Jdltion. Councilmember Masin noted she felt this would come back for discussion because the Council ia§t4, ifeased with the design of the preliminary plat. Community Development Director Reichert noted that there was some discussion at that meeting about the site plan. They did meet with the developer and traffic engineers, and some minor changes were made. Staff feels the internal circulation works and Dakota County approved a 60 foot half right - of-way on Lexington Avenue. They will also have a 10 foot easement for sidewalk purposes. She noted that the preliminary subdivision was approved subject to staff review; however, there, isn't a lot that can be changed with the lots the way they are. After some discussion, Counciimember uest L: $ e the minutes from the meeting where the preliminary subdivision was approved. Th i a wa$;$I4 pended to the public hearings so the minutes could be retrieved. CERTiFICA44: Et 1 1 `'UTILI Y BILLS Mayor Egan opened the public hearing to anyone wishing to speak There being no one wishing to speak, Awada moved, Hunter seconded a motion to dose the public hearing and approve the final assessment . roll for.delinquent utility bills and authorize its certti icSign to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DEUNQi NI''WEE eCU i'ING AND FALSE ALARM BILLS Mayor Egan opened, the public luring to anyone whiling to speak. There being no one wishing to speak, Hunter moved, Wachter secondl s#; a motion to dc::the public hearing and approve the final • EAGAN CRY COUNCIL MINUTES; NOVEMBER 8,1695 PAGE 8 assessment roll for delinquent weed cutting and false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 • VACATE UTILITy*SEMENT, SODERHOLM ADDITION • Mayor Egan noted that this discusskilVir tfalp: t tion with the final subdivision and final planned development for Soderhoim Addition. He than ;#i ;the pQbflo fearing to anyone wishing to speak. Awada moved, Masin secondeda motion to suspend; consideration of this to after Old Business items. Aye: 5 Nay: 0 ORDINANCE AMENDMENT, PUBLIC FACILITIES DISTRICT Community Development DirectorAeichert gave a staff report Counclimember Hunter expressed a concern about some of the wording in ttte :iordinanoa•and felt Clarifying language Is needed. After some discussion, Hunter moved, Masin seconder#;* motion: p :bontinue this to the next meeting for Clarification of the language. Aye: 5 Nay: 0 AUTHORIZE PARTICIE;A ,::I UN.f. 41tiltp MEDIATION SURVEY Administrator Hedges gave a staff report Discussion followed concerning the cost for this and the fact that the city must be a participant in the survey in order to participate in the mediation. Assistant to City Administrator Hohenstein gave further Information on the survey, and more discussion followed concerning the costs. Counclimember Awada suggested doing a base survey and then take the results and ask further questions In depth based on the answers. Assistant to the Admi>istrator Hohenstein noted that that could be done if it were the City's survey. Eagan Is one of sever,�I;:rati I :involved In this survey, so the decision before the Council is whether or not to participate Jr :.the3 : ey, Oounclimember Wachter stated he doesn't agree with the amount of money that has been l;pe[ii.oi'i this; he w ver, he feels the City needs to participate in this for the benefit of those In Eagan who arelimpact,:by thte: Masin moved, Wachter seconded a motion to'$i#tf# 8 ;pity participation in the Runway 4/22 mediation survey and allocate funds from the budget contingency inei'i'�zilpsount not to exceed $17,500. Aye: 3 Nay: 2 ( Awada, Hunter opposed.) FINAL SUBDIVISION, FINAL PLANNED DEVELOPMENT, SODERHOLM ADDITION Councilmember Hunter" made a refereppkto the miniitgs.of the September 5 meeting, where it states that the internal circulation pattern needs tQ iii.tiOified:#p q : staff approval before final approval Is given. Community Development Director Reicheit;:f$spond ghat the' developer feels the internal circulation works, and staff could not come up with any suggestions te.ftlrther rationalize changes due to the limited access t two county roads. Counclimember Awada :asked whether the layout of the lots can be changed to Improve circulation. Counclimember Masin addg ;that 1f.1;E?R .0, are circulation problems, the Council gets blamed. Counclimember Wachter Indicated he still bas.$: i 'i bItI% a&*b ;ilea getting approval from the county for a right In /right out onto Diffley Road. He wondered wtiettiertl eCify aluld go back to the county and make another request Director of Public Works Colbert noted the county has been approached twice on it and they won't consider it. Considerable discussion followed concerning the number of uses on the property, and the Council's Intention as to what Council direction was given to staff. Counclimember Hunter Indicated he $43: *1 that this configuration doesn't work, but he needs to be convinced that it does. Gluing app0.4110 a preiimIn fy:8ubdNision means there is agreement with the basic concept and that some fine tuning ►tieids to be done. I44:eoesn't feel the fine tuning has been done on EAGAN CITY COUNCIL MINUTES; NOVEMBER 6,1995 PAGE 7 this subdivision. Counciimember Awada added that the Council approved the preliminary subdivision with access to Diffley Road, and the access was;denied by the county. Ray Connelly, of Connelly Developifrit, noted that their engineers worked off of the traffic study the city did In the late 1980's and early 1990's..fQ[ ;thin :pr k.: ;HA, noted that the ponds need to be In certain areas because of where the lines are locale; l ; ; # iiPP ' Ii.f wiy further modification can be done. Any rearranging of the lot lines would constitute a. b nge to ifiif piat'which was already approved by the county. Considerable discussion followed concerril 0; access and Internal circulation. Mayor Egan noted that the Council hasn't seen the report referred to, ai'Yd:the Council isn't comfortable with the information given to make a decision on this. Jim Johnson, of Bolton & Menk, traffic engineer for the project, reviewed the ingress /egress and internal traffic circulation of the project. Considerable more discussion followed. ' Counciimember Wachter stated that .the Council has to decide whether this plan is acceptable. The Council cannot change the plan without setdg It bacti:to the county. Lauren Florine, 4085 Lexington Avenue, Indicated it appears there are too many ti for this;Oroperty, not enough parking and inadequate access. Counciimember Hunter stated he thinks tiiii0raffic fle*will work. He doesn't feel it Is perfect, but it will be adequate. He noted that the perhaps the C itincq needaio be dearer in giving staff direction. Counciimember Wachter concurred, stating he feels the C4c c#ij;AuJ;.takk;.a.yoi:a when staff direction is given. Hunter moved, Wachter seconded a motion to approve ifie final subdivision for Soderhoim Addition. Aye: 3 Nay: 2 (Awada, Masin opposed.) Hunter moved, Wachter seconded a motion to approve the final planned development for Soderholm Addition, subject to conditions. Aye: 4 Nay: 1 ( Masin opposed.) VACATION OF UTILITY EASEMENT, $QDERHOLM ADDITION Mayor Egan asked whether anyone wa sp nted:: e*k'to this issue. There being no one wishing to speak, Hunter moved, Awada seconded :to'dos ::the public hearing and approve the vacation of sanitary sewer easements as described, atitiiiiilzelhe Mayypi` and City Clerk to execute all related documents, subject to final subdivision approval by Couriclf:BL vi :end;simuftaneous recording with the final plat at Dakota County. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT, S.J. KNIGHT Community Development Director ReicnejI gave a staff report and Scott Knight, of S.J. Knight, reviewed their proposal. Some discussion followed . t i ififig tO.gil : Qf trees being planted. Jerry Johnson, 2910 Burnside Avenue, indicated he would like tp:see the''k f nei vp. He is concerned about any expansion and • would like to have some screening next tei :tile prope i Wachter moved, Awada seconder is motion to reprove a conditional use permit to allow a loading area within 300' of a residential district for a ne.y. ;1 :glyam;iv9t::Auilding on Lot 6, Block 4, Eagandale Center Industrial Park, zoned Research and Dever ittiii#n '1 *t1ifif: it ::1335 Eagan Court, subject to the following conditions: EAGAN CITY COUNCIL MINUTES; NOVEMBER 8, 1995 PAGE 8 3. The driveway entrance shall be constructed with a concrete apron in accordance with City standards. 4. The developer shall enter Into Witgreement with the City regarding Implementation of proof of parking. 5. The landscaping, Including berm'es'appraved:oytna.urty, shall be Installed as per Landscape Plan dated September 20, 1995 and.tvised October 6, 1995. 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. 7. Catch basins shall be added at the entrance to handle runoff from the site before It flows onto Eagandale Court. • Aye: 5 Nay. 0 CONDITIONAL USE PERMIT TO AL113.*A.Tpii;i05.7mptim. AND SECONDARY SALES AND SERVICE; CONDITIONAL USE PERMEY:1:4## wilt S ORAGE ON -SITE - HOOVESTOL, INC. Community Development Director Reichert gave a staff report. Colin Evanson, with Evenson Huus Architects, reviewed the proposed screening. He indicated he feels they can accomplish additional screening requested by staff without additional encroachment on the Hoovestol operations. Counclimember Wachter Indicated a concern about the species of trees being used, bti .wants to have sufficient screening for the neighbors. Elizabeth Larson, President of the ,We ctJ Sgtrahe townhouse Association, presented a petition of 77 names of people who are opposed to thislornditlonal use Iiiarnift due to decreased air quality, Increased truck traffic, decreased property values, loss of sign SicOO. tte> cover and ineffective buffer between commercial and residential properties. They are requesting at a minliiburn assurance of a densely landscaped buffer zone on the north and /or south side of Yankee Doodle Road, as Weltas .tie east side of Mike Collins Road to visually separate the commercial and residential zones. They don't feet`the Planning Commission recommendation provides adequate assurance, and requested a meeting wiith the developer and landscape architect to approve the final buffer and landscape plans. They are also concerned about a 24 hour operation at this location. EAGAN CITY COUNCIL MINUTES; NOVEMBER 8, 1995 PAGE 8 Awada moved, Wachter seconded a motion to deny the conditional use permit requests for a truck terminal and secondary sales and service of trucks and trailers; and for an underground fuel storage tank on Lots 17-24, Block 2, Eagandale Center Indusftla. Park No. 4; and that staff be directed to prepare findings. Aye: 5 Nay: 0 ' CONDITIONAL t3S.IE'3?;;M1t1OTA COACHES Community Development Director;Ffeichert gave a staff report, noting that If this is to continue as a conditional use permit, additional c ondftioi ;inay be added. Pat Regan, owner and operator of Minnesota Coaches, reviewed their operations and urged Council approval. He noted that If this conditional use permit Is not approved, they must move off the site. They would like to continue to grow and eventually build a new facility in Eagan. Mayor Egan asked what would bo:iiiciuded in the conceptual site development plan that is being suggested by staff. Community Developm nt; Direct6j eichert indicated it would include such things as how individual lots would be set up for each building, wherO.:fl+e parking and outside storage would be for each use, how access would be provided to any nevi;tots for fjjttlre development, incremental paving, storm drainage, landscaping, etc. She feels it would be dope Incrementally.. .... • Awada moved, Masin seconded a motion 'tti'spprdv 'the 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, 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, .A1las::: ::1 ota, Inc. shall submit a conceptual site development plan for the ,entkt :1$ slfe:That shall be reviewed by the Advisory Planning Commission and acted on byte airy Councih i - 3. The development plan shall conceptually; J ;: Development and /or expansion areas, proposed site Improvements, and an improvement 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. Aye: 5 Nay: 0 • FINAL PLAN NCk:i1f ©iillN"i''XPRESS LURE Community Development Director''Ffeichert gave a staff report. Wachter moved, Hunter seconded a motion to approve a final planned develo j nt to at. a quick oil change facility on Lot 6, Block 1, Thomas Lake Center, In the Blackhawk Park Plantil ;4l. yelr.subject to the following conditions: ........:::... 1. The final planned development •includes a 3 -bay, 2,100 square foot 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. Final site plan, building elevations and sign plan, landscape plan (signed by...yitOjiffiktigsxed land architect or certified nurseryperson), and lighting plan are necessary for this: reetti'eiit::: on submission of these final plans, provided they are in conformance with theaOliminary plans••s Emitted, the final planned development may proceed to the City Council for approval. • • EAGAN CRY COUNCIL MINUTES; NOVEMBER 8, 1995 PAGE 10 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 4::on for trails. 5. The developer shall provide the property. ........ . Aye: 5 Nay: 0 nr otRcorded ingress /egress easements to this RESOLUTION TO PARTICIPATE IN LIVABLE COMMUNITIES ACT Community Development Director Reichert gave a staff report and reviewed the Advisory Planning Commission recommendation. Discussion,. followed concerning the amount received under Community Development Block Grants and the ALQ. (Affogiabie and Life Cycle Housing Opportunities Amount). Community Development Director Reichert t • ted thaf ffie goal is to have 'life cycle' housing which means they would like each community to have a varit4of hous#ig types. Administrator Hedges reviewed a meeting he had with the Met Council regarding the iaede of dustieting with other Dakota County cities and the Dakota County HRA. The Met Council indicated tli tl & :3torae:in concept with clustering, and that the county could act as the delivery body for the affordable Fiorisltil :pbi :i fi yor Egan noted that the Municipal Legislative Commission and Association of Metro Managers strongly endorse this concept Councpmember Awada,asked for an explanation of benchmarks relative to affordability. Community Development Director Reichert noted that the benchmarks are something they want cities to work toward, not necessarily meet She feels the city will be able to maintain the.level of affordability in both rental and home ownership. Because the homes in Eagan valued $i at, .51000 i below will probably appreciate faster than the cost of living, the city can work with CDBG ,gr hfs fo .:'ifrt-tiine home buyers to keep them affordable. The City will be working with existing stock, ***Vigil really isn't land available for that type of project, and there isn't money available to subsidize new construction. *here really isn't land to build new apartments either, so the goals will be geared towards holding'ttiiiii* n what is already here. Considerable discussion followed concerning wliettiei i not to participate In this program. Masln moved, Hunter seconded a motion to approve the resolution electing to participate in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act Counclmember Awada indicated she Is not comfortable joining this program until it is fully understood what will be expected. Councilmember Hunter stated he doesn't feel that this obligates the city to create more affordable housing. Those goals are to be determined. This is simply entering Into.a :program that the city has already been doing for years. Aye: 4 Nay: 1 (Awada opposed.) • REGISTER RESA1:E; CONSR FINANCIAL ASSISTANCE Community Development Directs pichert are a staff report She noted that this has been reviewed by the City Attorney, and It has been sugiistsiO;f0f#01.1ralhat the building is collateral for this loan and not for the operating loans of the business. S& :frrdl fati dVianillie business fails, the bank would be paid first, the St Paul Port Authority would be paid second, and the loan would basically be paid off with the sale of the property. She added that Register Resale would like to stay In Eagan; however, If this financing doesn't work out they may have to look at another site. Dave Hoeffel, of Register Resale, ur ed a pproval. He noted that he and his other partners are personally signing for the entire project 004i#ssfon folloyi :i onceming the risks involved, and whether the city should get involved in this financing. :;:;Ci i incilmember Aikicia asked whether there Is any documentation of the personal guarantees made by the'paitners. City Attomy Sheldon noted they haven't seen any of the loan documents, and he understands the ;tivon't be drafted unless or until the city approves the project He EAGAN CITY COUNCIL MINUTES; NOVEMBER 6, 1995 PAGE 11 suggests that any approval be subject to review by the City Administrator and City Attorney. Considerable discussion followed whether philosophically, the city should get involved in this type of program. Mayor Egan stated he feels this is a great opportunity Wily:1p an existing business. Councilmember Awada stated she doesn't feel the city should be picking and ctigisIng which businesses to help, and using tax dollars to do that. Counciimember Masin asked whether appr Miig this would set a precedent. City Attorney Sheldon indicated that these are very fact- specific operationaiiiti 1el:lig:t esr**41;it would set a precedent Councilmember Hunter reiterated his philosophy that fnanclaj Cbls: }A;if1 * Cir4W lning communities, but Eagan has always fostered a healthy business dimate. Councilme mber Awada added that she feels Eagan should treat everyone the same. Considerable more discussion ff 1 owed. Hunter moved, Awada seconded a motion to 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 for Register Resale and authorizing the execution of a Guarantee Agreement with respect to such financing. Aye: 3 Nay: 2 (Egan, Masin opposed.) Greg Drehmel, of St. Paul Port Authority, noted they have discussed changing some of the wording In their guarantee that wou10:0Iarify their.position on the guarantee. It requires that before the Port Authority draws down on any guarani offered 3 ithe City of Eagan, they must first exhaust any and all collateral under the loan documents, which. Indudi ;the personal guarantees from the partners. Some discussion followed. .... TRAPP POINT, to flDi r VS. PI 1 C RIGHT-OF-WAY Director of Public Works Colbert gave a staff report, giving the background on this request Dale Huber, of JBL Companies, questioned the cross easements referred to by City Engineer. Counciimember Hunter addressed several questions concerning the structure of the existing roadway. Director of Public Works Colbert indicated staff could take some core samples and evaluate the structure, and review the design dimensions. Some discussion followed concerning the width :.QfTe roadway, the size of the cul-de -sac, and whether the street would be adequate for emergen g.v. Wiakl snow plows. Awada moved, Hunter seconded A i$fifioti to refel�this matter to the Public Works Committee for a recommendation and action by the Council on,Ntitvember Minder consent agenda, with the understanding that the applicant will provide the specifications: i1 *..o:cora samples. Aye: 5 Nay: 0 Mayor Egan noted he received a letter regarding locating a new library In Inver Grove Heights. He feels this would be a good opportunity to show Inver Grove Heights that the City of Eagan is trying to cooperate with them whenever possible. He asked Administrator Hedges to draft a letter of support for this library to be located in Inver Grove Heights, and asked for the Council's permission to send it on the city's behalf. He added that he hopes that will ease some of the ten§lpfiggivdstmoar.clkig the storage facility Issue. Councilmember Wachter questioned who would provide se? ar.andifOgi igcia:library. He noted that the library wouldn't benefit Eagan residents. Councilmember Masin it4 ated thg tha Library Board must have a plan in mind as to where they would like to locate the library, and :gip doesn't•feei comfortable going ahead with this without seeing justification as to why the city would ligftt to altet::#he Library Board's recommendation. Considerable discussion followed regarding what critel3ercis;;t f ::l } :tti :1:4brary Board for the location of a library. No consensus was reached, but It was suggi tell A aa: ;)i4,2iyvr :4 uld write a letter on his behalf if he wishes. Administrator Hedges Indicated he can research whether friV t Grove Heights meets the criteria for location of a library, and If It does, the letter could be sent, and If not, the letter would not be sent. The Council concurred. M[NI�'I"I:e"l ?i?� ENFORCEMENT OkpgrsatqpkillKING RESTRICTIONS Director of Public Works Colbert a staff report riglpg that requests have been received to 'lbag' No Parking signs on public streets for special events. CounciI nember Hunter suggested that signs could be • EAGAN CRY COUNCIL MINUTES; NOVEMBER 6, 1995 PAGE 12 'bagged' for each school or business, up to four per year.' Counclmember Awada suggested the city try to accommodate occasional requests, but they should pay for the person who has to go out to bag the signs. Couneiimember Masin suggested that six events per year would be more appropriate. Counciimember /made suggested that staff be given the authoritK;:tt7 ;set the policy and number and work something out with the school district After some discussion, HuritGr:moved, Wachter seconded a motion to set the fee at $50 per event, with the policy and number of eventkta be;pstabltshed kY off. Aye: 5 Nay: 0 PRIVATE IMPROVENfiN'i' 'hill JBti1VRIONT -0F -WAY POUCY Director of Public Works Colbert 00 a staff report, noting they have received several requests for reimbursements for costs Incurred by property owners to repair and /or restore their sprinkler systems that were disturbed during street reconstruction. Counciimember Hunter noted that the sprinkler system Is In the public right- of-way and if it Is damaged, It Is the property owner's responsibility. He feels that approving reimbursement would set a precedent. Counciimember Wachter concurred. Wachter moved, Hunter seconded a motion to deny claims for reimburseme%:of damaged private improvements in public right-of-ways. Aye: 5 Nay: 0 • Director of Public Works Colbert ijaiia: :an:. t :;op:.q neighborhood meeting with residents ci St. Francis Woods, who are having structural•frc stlb V 4:iii251etiiig with deck footings and patios. The City offered that if the builder would provide the equipment and labor, the city would offer the materials to lower the pond elevation in hopes it would lower the water table. The builder is now proposing to install intercepting drain tile, so he doesn't feel the City has an obligation to participate any longer since it doesn't affect a city ponding basin, and there Is no public easement that is being drained. The builder is requesting that the city still participate with the materials, at a cost of approximately $5,QQ0. Councimember Wachter stated he feels It is a private problem. Mayor Egan and counclimembersed. Community Development Director •Rea fl nofsd that her department Is trying to be user - friendly, but as a result of action this evening regardingg:5iklerholm Addition, she will no longer place Items on the agenda if they are not completely ready., Staff gets prey red to.place items on the Council agenda; however, she feels the Council clearly wants to have these projects' i asefy'.iin►ed before they come to the Council. Awada moved, Wachter seconded a motion to set special workshops for November 14, 21 and 28 at 5:00 p.m. Aye: 5 Nay: 0 Counciimember Wachter suggested the painters for the Municipal Center /Police Department leave a supply of wood finish or the formula for matching woodwork in the future. He also reported on a Historical Society meeting he attended. He suggested that:tbe concrete op the well in Thomas Lake Park be tested to make sure It is safe. Councilmember Masin requested ififtipdate ca ked Pine Lane. Administrator Hedges noted that traffic counters are out and they have requested that the school board waive their busing restrictions. information has been given to the neighborhood repr htetlyes : arding placement of stop signs and sidewalks. At the neighborhood meeting, they suggested thsf * LaFg€ikt :n1 et to decide what it is that they want. Councilmember Wachter asked for an update on the grand opening for the Municipal Center. Administrator Hedges reviewed what has been planned to date. • Counciimember Hunter suggested that the tm.preservation guidelines be added to the Open Issues List. He expressed a concern that some of thy:#4 Cts�;ha�mbeen on the list for a long time, and suggested that the gambling license criteria be placed. Q0:: an� upcom workshop, as well as a policy on parking stall width. He also suggested that when items i placed on the * Issues list, that the date it is added be listed as well so Items can be better tracked. • ... EAGAN CITY COUNCIL MINUTES; NOVEMBER 6, 1995 PAGE 13 Counciimember Wachter reiterated the importance of the Council taking a vote whenever staff direction Is .given so the direction is concise. Mayor Egan concurred. Counciimember Wachter indicated by example that he is concerned about the Capons Art Patit:;because a vote of the Council was never taken to give direction to the committee. Councilmember Awada su Bested an update on that issue be placed in the next packet Councflmember Hunter asked abouff610.6.44##.000#14Ignalization at park intersections. Director of Public Works Colbert indicated that he is:iiiiiiiiaitfthifiaiWitifetil however, If he sets that as his priority, he needs to know what he should set aside in prder to do that. He left it could wait until later since parks are not in great use this time of the year. Councllmsiiter Hunter suggested a time frame be Identified for items on the Open issues list whenever possible. Councilmember Wachter reviewed an ordinance being proposed by the City of Burnsville regarding the leashing of cats. He would like to see a copy of the ordinance If it passes. Wachter moved, Egan second4i motiorfi approve the checklist dated November 2, 1996 in the amount of $3,443,556.90. Aye: 5 Nay: t }:. The meeting adjourned at 11:42 p.m. DIP Date • City Clerk • if you need these minutes In an altemadvg #s lurs such as loge print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eag$tt;;MN. 5512F; (612) 681 -4600, (TDD phone: (612) 454- 8535). The City of Eagan Is committed to the policy that 114:iikififtitiaw equal access to Its programs, services, activities, facilities and employment without regard to race, colbi'y :cr:eed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance. MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL .Eagan, Minnesota iiiiiiflovember 6, 1995 • A special meeting of the Eagan City: o} i fl :i ik iik*I onday, November 6, 1995 at 5:00 p.m. at the Eagan Municipal Center. Present were MayoK.E gan and Counapmeinbers Awada, Wachter, Masin and Hunter. Also present were City Administrator Tom HedgtDirector of Public Works Tom Colbert, Community Development Director Peggy Reichert, Park & Recreatlori ahector Ken Vraa, Finance Director Gene VanOverbeke and Cable Coordinator Mike Reardon. _ FISCAL IMPACT CONSIDERATION ON INDUSTRIAL DEVELOPMENT • Community Development Director RO,ert reviewed the vacant areas north of Yankee Doodle Road, noting that there Is only one industrial zone in Eagan; She {touted out and reviewed the locations of the current truck terminals and distribution centers In Eagan.:. $Jme noteditfiat Director of Public Works Colbert recently attended a meeting with the Minnesota Department of TrsportatiG, and Eagan was shown to be one of the largest trucking areas in the metro area. The number of trucking firms ftas escalated during the past couple of years and staff has felt that a fiscal Impact study to examine pfgpsarti:: ilMII at• isms on Industrial development would guide the direction for the type of industrial developmA�tif tliat:inf :iii :#ie: Jf$ble for the community. Administrator Hedges reviewed some of the policy issues to be considered, such as whether the City should allow an appropriate absorption rate for industrial development or whether development should be market driven with Tess concem for land use compatibility; the property tax consequences of removing 160 acres of Industrial property for public purpose; and the property tax impact and land use consequences of changing industrially zoned property to residential. He reviewed a meeting he had wittigkeiAti of Woodbury who did a comprehensive fiscal knpact study to determine how their community shQvJd :3 '10; ut brthe year 2000 within the MUSA line and various assumptions for developing outside their MUSki:MigfsilieiOamined the associated costs for certain land uses in correlation with operating costs. Dave MacGUlivray, of Springsted, revii4.4 't e.Thiancia1 considerations of development, comparing other similar cities within the 1-494/1-694 ring. He reviewed cal:4 #e .Af commercial /industrial property and the credit ratings of the various cities. In making the comparison, he noteif73>ttt Eagan is not deficient in commercial /Industrial property. He reviewed a table of taxes per acre for residential and non - residential property. Discussion followed concerning the figures and how the concentration of trucking and distribution companies will affect the future of Eagan. CouncUmember Hunter stated he feels the city should encourage more offices. • Administrator Hedges noted that other impacts trucking and distribution companies will have is wear and tear on the roads, and the entire transportation system. Director of Public Works Colbert concurred, noting that large trucks affect the deterkxation of the roadways and he is concerned about tt:rct on.capaoiljr for Yankee Doodle Road and Lone Oak Road. There are also operational characteristics ass hateiit*ItEh ftiks :such as wide turning movements, and Increased time for acceleration and deceleration. He J¢ has a Viljjeam about having a trucking company next to the Opus retail proj ct, and the mix of traffic that will'r85ult in that'srea Administrator Hedges noted that the ..i ty s.ima e s another consideration. The Council will need to discuss the issue of conditional use permits for outs OlOJ gB ::Q hill. nernber Masin asked whether the city gets enough back from what trucking companies pay in fees: ' blrecforbf'Pbfic•Works Colbert noted that the only rebate Eagan gets is through distribution of gas tax, which Is very little. The motor vehicle .excise tax goes to the state. Councflmember Awada noted that the trucks are using mainly county roads and federal highways, so the Impact Isn't that great. Director of Public Works Colbert noted that It Isn't as much a financial knpact as it is a capacity Issue. . Community Development Director Rei m .hotgth . I ;is the Council's future incremental decisions that will affect how the remaining land develops:; *1(ayor Egan askefAiihether the Council can Impose conditions on the land next to the Opus project. Community : bevelopment Directorf+ieichert suggested the Council could discourage conditional use permits for outdoor storagOkiithat area. CounclkOember Wachter concurred. He feels Eagan has enough trucking companies. Counclimem* AyV d . yggestett t t the city not change any of its ordinaries, but EAGAN SPECIAL CITY COUNCIL MINUTES; NOVEMBER 8, 1995 PAGE 2 just not allow outdoor storage in certain ars: Counclimember Hunter concurred. Community Development Director Reichert noted that It should be a pcgi6j in the Comprehensive Plan. Counclimember Wachter suggested the Council go on record with that decision.•: Community Development Director R Re4di.iert.reviewed.thipOSsibility of creating a new industrial classi cation. Mayor Egan indicated he supports geograpW0 classifications for Image and capacity reasons. CABLE COMMISSION RECOMMENDATION/PASS THROUGH OF PEG ACCESS FEE Counclimember Awada asked what the city Is doing about the possible breakup of the cable monopoly. She feels the city needs a backup in the event that happens. She suggested cities get together and have their own system in place. Cable Coordinator Reardcikindicated the Cable Commission is looking at that and it would be good to discuss It at the joint meeting of their able Cog mission and City Council. Counciimember Hunter noted that it giears thie'iable company could have been charging this fee all along. Cable Coordinator Reardon responded that they could• have charged it until rate regulation came Into place. Discussion followed concerning the City pu48ng rfi ts:own:fiber:4ptics. Counciimember Hunter noted that that is viewed by Moody's as totally risky, and the dity ti ii r ing sti pt.ireflect that. Counclimember Awada reiterated her concern about ending up with no system, no money to fund ft, and no way to get one. The meeting adjourned at 6:30 p.m. to the regular Council meeting. Date DIP • City Clerk Agenda Information Memo November 21, 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. Community Service Officer- - ACTION TO BE CONSIDERED: To approve the hiring of Renee Castillo as a regular, full -time Community Service Officer in the Police Department, at the recommendation of Chief of Police Geagan. Item 2. Seasonal Part -time Civic Arena Resurfacer /Supervisor -- ACTION TO BE CONSIDERED: To approve the hiring of Colin Kerslake as a seasonal part-time Civic Arena Resurfacer /Supervisor, upon the recommendation of Civic Arena Manager Burkhardt. Item 3. Temporary Part -time Recycling Intern- - ACTION TO BE CONSIDERED: To approve the hiring of Robert Widmer as a temporary part-time Recycling Intern upon the recommendation of Communications/Recycling Coordinator Foote. Item 4. Revision/City of Eagan Personnel Policy — ACTION TO BE CONSIDERED: To approve the revision to the City of Eagan Personnel Policy requiring disciplinary suspensions for exempt employees must be given in blocks of entire work weeks, except in cases of major safety infractions. Agenda Information Memo November 21, 1995 Eagan City Council Meeting FACTS: The Fair Labor. Standards Act requires that exempt employees may only be suspended as a disciplinary measure for periods under a work week for major safety infractions. Any other type of disciplinary suspension must be given in periods of entire work weeks. The City of Eagan has had the practice to follow this regulation, however, it seemed advisable to actually include this provision in the disciplinary section of the City's Personnel Policy. ATTACHMENTS: Enclosed on page S _ is a copy of the Personnel Policy as revised. 19.2.3 St p Thre : Suspension With and /or Without Pay. An immediate supervisor may suspend an employee with pay, pending approval of the City Administrator of a suspension without pay. The City Administrator may suspend an employee without pay. Prior to the suspension without pay or as soon thereafter as possible, the employee shall be notified in writing of the reason for the suspension and its length. Upon the employee's return to work, he or she shall be given:a written statement outlining further disciplinary actions should the misconduct continue. An employee may be suspended pending investigation of an allegation. A copy of each written statement shall be placed in the employee's personnel file, but if the suspension is for investigation and the allegation proves false, the statement shall be removed and the employee shall receive any compensation to which he or she would have been entitled had the suspension not taken place. Exempt employees may only be suspended without tav for disciplinary reasons in periods of one or more complete work weeks unless the suspension_ is because of a maior safety infraction. Agenda Information Memo November 21, 1995 Eagan City Council Meeting B. PLUMBERS LICENSES ACTION TO BE CONSIDERED: To approve the plumbers' licenses for Alber's Mechanical Services Inc.; Broll Plumbing, Donald A.; and Cokley Plumbing. BACKGROUND: These applications are in order for consideration by the Council at this time. Agenda Information Memo November 21, 1995 Eagan City Council Meeting C. 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: ► At the November 6, 1995 City Council meeting, the City Council requested a minor revision be made to the Ordinance Amendment to clarify the setback requirements. The revised amendment is attached. BACKGROUND /ATTACHMENTS: (3) Draft Ordinance Amendment, page/ Co 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. Every-public facilitics structuro Every structure within a Public Facilities District shall have a minimum setback from its lot or land area boundaries of 2 feet of setback for each 1 foot in height of such structure, excluding steeples, ornaments or antennas. This provision shall not allow a minimum structure setback of less than 30 feet nor reauire a minimum structure setback of more than 50 feet. (Example: 15' tall or less structure = minimum 30' setback: 20' tall structure = minimum 40' setback: and 25' or taller structure = minimum 50' setback.) 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: Agenda Information Memo November 21, 1995 Eagan City Council Meeting D. SPECIAL HUNTING PERMIT. BRIAN GUNDERSON ACTION TO BE CONSIDERED: To approve a special hunting permit for Police Officer Brian Gunderson to participate in the special deer reduction hunt at The Waters. ATTACHMENTS: • Application form enclosed without page number. Agenda Information Memo November 21,1995 '! E. CONTRACT 94-TT. YANKEE PLAZA ACTION TO BE CONSIDERED: To acknowledge completion of Contract 94-Tr (Yankee Plaza - Utilities) and authorize perpetual City maintenance subject to appropriate warranty provisions. FACTS: • The installation of public utilities to service the Yankee Plaza Addition (New Horizon Daycare on Federal Drive) was installed privately by the developer under the terms and conditions of the development contract agreement associated with the subdivision process. • The installation of these utilities has been completed in accordance with the contract documents and City standards, inspected by representatives of the Public Works Department and found to be in compliance and in order for formal Council acknowledgment and acceptance for perpetual City maintenance. Agenda Information Memo November 21, 1995 F. CONTRACT 94-DD, CRESTWOOD ADDITION ACTION TO BE CONSIDERED: To acknowledge completion of Contract 94 DD (Crestwood Addition - Utilities) and authorize perpetual City maintenance subject to appropriate warranty provisions. FACTS: • The installation of public utilities to service the Crestwood Addition (Freightmasters Trucking Terminal on Kennebec Drive) was installed privately by the developer under the terms and conditions of the development contract agreement associated with the subdivision process. • The installation of these utilities has been completed in accordance with the contract documents and City standards, inspected by representatives of the Public Works Department and found to be in compliance and in order for formal Council acknowledgment and acceptance for perpetual City maintenance. Agenda Information Memo November 21, 1995 Eagan City Council Meeting G. CHANGE ORDERS. MUNICIPAL CENTER EXPANSION ACTION TO BE CONSIDERED: To approve change orders totalling $8,533.91 for the Municipal Center expansion as presented. ATTACHMENTS: • Staff memorandum oii pages Ai , through /3. MEMO city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: NOVEMBER 15, 1995 SUBJECT: MUNICIPAL CENTER EXPANSION CHANGE ORDERS The City is in receipt of eight change orders for the municipal center remodeling in the amount of $8,533.91. The changes are described below: 1. Resch's Tile - Change Order #2 /pco #62 - Install and level floor drain area in main level restrooms - $250.00. 2. Wasche Interiors - Change Order #1 /pco #64 - Additional painting as required in Community Room and vault - $1,062.00. 3. Spraungel Costruction - Change Order #7 /pco #53 - Install low density concrete to correct uneven floor topping in existing construction - $2,648.30. 4. Mulcahy - Change Order #6 /pco #55 - Revise door location at request of steering committee, repair damage from other contractors, costs to be backcharged - $1,188.00. 5. Mulcahy - Change Order #7 /pco #58 - Delete light cove in restrooms and revise television monitor dimensions in lobby per media requirements - ($45.00). 6. Del's Construction - Change Order #4 /pco #60 - Patch existing openings in original construction to meet fire code, relocate name lettering at City direction and repair pre- existing mortar cracks in outside vestibule walls - $3,293.61. 7. The Builder's Inc. - Change Order #10 /pco #61 - Install temporary enclosures, costs to be backcharged - $774.00. 8. Arrow Sprinkler Change Order #2 /pco #56 - Backcharge for Mulcahy repairs - ($637.00). ‚'If 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. _1 cvl J R ■99% MEMO TO: Jon Hohenstein City of Eagan COPY TO: Dan Weatherman Thorbeck Architects Phil OIson E&V, Incorporated F ROM: Cheryl Badinger E&V, Incorporated DATE: November 14, 1995 RE: Eagan City Hall We have received pricing from the contractors on the following pricing requests: Bulletin 28: Remove and zeplac a exterior window in Room 126 with one fixed unit The Builders $1,331 Mulcahy, Inc. $250 Wasche Interiors $219* Seal -Treat /$80 Total Cost % $1,880 * Costs may be higher or lower dependent on amount of work. Pipe Chase Covers for Baseboard Radiation on upper level north addition: Remark, Inc. $278 � Wasche Interiors $141 dk-69Q\ Total Cost $419 Jon, please advise as how to proceed on the above items. If you have any questions, feel Ace to contact me. CLB f f3'545 136 11 -14-95 06:43PM P001 #14 Agenda Information Memo November 21, 1995 Eagan City Council Meeting H. APPROVE COMMENTS, METROPOLITAN AIRPORTS COMMISSION 1996 -2002 CAPITAL IMPROVEMENTS PROGRAM ACTION TO BE CONSIDERED: To approve comments as presented for the Metropolitan Airports Commission's 1996 -2002 Capital Improvements Program. FACTS: • The City of Eagan typically comments on the potential impacts of airport improvements. ATTACHMENTS: • Staff memorandum on page /$" MEMO _city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOH ENSTEIN DATE: NOVEMBER 151 1995 SUBJECT: MAC 1996 -2002 CIP COMMENTS The MAC is soliciting comments regarding its upcoming seven year CIP. Several of the projects will have a direct impact on the City of Eagan and are appropriate for comment. eslk 1. Runway 11 R /29L Reconstruction - 1996 -1997 - The south parallel will be closed and completely rebuilt during the 1997 construction season. During that time, it is likely that residents will notice shifts in operations as departures are concentrated on the north parallel and crosswind runway. Operations during this period should continue to make use of noise abatement procedures to the maximum extent possible. If any deviations from current operating standards are necessary during construction which impact noise sensitive areas in Eagan, they should be discontinued as soon as the south parallel is reopened. 2. Runway 4/22 Construction -1996 - Operations from the extended runway should take into account the recommendations of the multi-city mediation group addressing this issue. In no case should new headings east of Cedar Avenue be added for operations on this runway. 3. Engine Run -Up Noise Suppressor -1996 - The installation of an engine run -up test noise suppressor is essential, especially for Eagan residents near the Minnesota River valley. The City of Eagan submitted information to the MAC in the past concerning run -up suppressor alternatives less expensive than that contemplated in the CIP. If the suppressor is not to be installed, the funding allocation for this item should be committed to the sound insulation of Eagan homes near the river to alleviate impacts in those neighborhoods. If you have any questions concerning these comments, please let me know. Agenda Information Memo November 21, 1995 Eagan City Council Meeting I. LIOUOR LICENSE RENEWALS ACTION TO BE CONSIDERED: To approve license renewals for the businesses indicated for on -sale liquor, on -sale club liquor, off -sale liquor, wine, ;,on -sale beer and off -sale beer, subject to completion of the police background review as Presented ATTACHMENTS: • Staff memorandum on page ` 7. • Lists of license holders by license category on pages through C72J. i November 14,.].95 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: 1996 LIQUOR LICENSE RENEWALS b NEW OWNER, Attached are the 1996 liquor license renewals Off -sale liquor On -sale liquor and Club Wine On and off -sale beer KENNY'S LIQUOR which include: We are in the middle of the license renewal process and the applications are slowly coming in. The Eagan Police Department has not had a chance to review these renewals so staff re- commends they be approved subject to completion of the application process and favorable review by the Police Department. Activity in 1995: On -sale liquor: Marriot Corporation appliced for and was granted an on -sale license for River Park, located in the Blue Cross -Blue Shield building, formerly Comserv,.3400 Yankee Drive. Lon time restauranteur, Bob Dougherty, closed Dougherty's in July. Rock Bo %tom Restaurants, Inc. leased the property and opened Old Chicago Pizza in October. Wine: Davanni's opted out of serving wine on its menu and will offer 3.2 beer as the only alcoholic beverage. 4 On -sale beer: There continue to be 18 on -sale beer. licenses. Nine of these have wine licenses. Of these, six have opted to serve strong beer. Kenny's Liquor 1444 Yankee Dpodle Road Eagan, MN 55122 Kenny's Liquor is in the process of being purchased by MME, Inc., Elaine Fleming, President. A review by the . Eagan Police Department finds no reason to deny an off - sale liquor license to MME,Inc. The business name will remain the same. 1996 Renewals OFF -SALE LIOIIOR Applebaum Companies, Inc. dba Big Top Wines & Spirits Mike Buckman, Manager 3900 Beau D'Rue Dr. Eagan, BN 55122, Perrier & Associates, Inc. dba Great Northern Spirits David Perrier, Owner 1960 Cliff Lake Rd. #101 Eagan, MN 55122 Liquor Shoppe, Inc. of Eagan dba Liquor Shoppe of Eagan Marina Gorina, Owner 4250 Lexington Ave. So. Eagan, MN 55122 Spirits of Eagan, Inc.. dba MGM Warehouse John Teslaw, Partner 4182 Pilot Knob Eagan, MN 55122 Sidco, Inc. dba Big Top Wines & Spirits Tim Martin, Manager 1282 Town Centre Dr. Eagan, MN 55123 Blackhawk Liquors, Inc. dba Blackhawk Liquor Asmita Patel, Owner 4130 Blackhawk Rd. #100 Eagan, MN 55122 1996 RENEWALS ON -SALE LIOUOR Al Bakers Al Baker 3434 Washington Dr. Eagan, MN 55122 454 -9000 Appl America Ltd. Ptnshp. of MN Applebee's Neighborhood • Bar & Grill 1335 Town Centre Dr. Eagan, MN 55123 686 -7022 C darvale Bowl, Inc. Cedarvale Lanes /Fitz's Bar & Grill Micha 1 Henke, Mgr. 3883 Beau D'Rue Dr. Eagan, MN 55122 452 -7520 Casp is Cherokee Sirloin Room, Eagan, Inc. Cher kee Sirloin Room Richard Casper, Owner 4625 Nicola Rd. Eagan, MN 55122 454 -6744 Chili's of Minnesota, Inc. Chili's Southwest Bar & Grill 3625 Pilot Knob Rd. Eagan, MN 55122 686 -5152 Cliff Corporation J. Doolittles Lynn Reimer, owner 2140 Cliff Rd. Eagan, MN 55122 452 -6627 R ck Bottom Restaurants, Inc. Old Chicago Pizza 1312 Town Center Dr. Eagan, MN 55123 ASS-0882 1 17 .Eagan Airport Hotel Ass c. Holiday Inn 2700 Pilot Knob Rd. Eagan, MN 55121 454 -3434 Cuz, Inc. LaFonda de los lobos Otis Trujillo, Owner 3665 Sibley Memorial Hwy. Eagan, MN 55122 452 -0334 Mediterranean Cruise Hussein Ansari, Own r 3945 Sibley Memorial Hwy. Eagan, MN 55122 452 -5991 West Jersey Associat s, Inc. Richards Joyce Slattery, Own r 4185 So. Robert Tr. Eagan, MN 55123 452 -3061 Hall & Convention Cent r, Inc. Royal Cliff Brian Mangine, Owner 2280 Cliff Rd. Eagan, MN 55122 895 -1174 Starks I, Inc. Starks Saloon Gary Stark, Owner 3125 Dodd Rd. Eagan, MN 55121 454 -8251 Latt, Inc. Valley Lounge James Tousignant, Own r 3385 Sibley Memorial Hwy. Eagan, MN 55122 454 -2760 1996 RENEWALS ON -SALE LIQUOR (Cont.) Marri tt Management Services Corp. River Park 3400 Yankee Drive Eagan, MN; 55122 456 -6097 � y Spur, Inc. Lost Spur Country Club 2750 Sibley Memorial Hwy. Eagan, MN 55121 454 -2330 1996 Renewal CLUB ON -BALE 2 1996 RENEWALS WINE LICENSES Chungs, Inc. dba Anna Chungs Restaurant 1960 Cliff Lake Rd. Suite 116 Eagan, MN 55122 454 -8543 Apples Plus, Inc. dba Apples Pat Boland, Owner 1260 Town Centre Dr. Eagan, MN 55123 683 -9195 Fratelli Tre, Inc. dba Carbone's Pizzeria 1665 Yankee Doodle Rd. Eagan, MN 55122 452 -6000 Young T. Lim Hoban Korean Restaurant 1989 Silver Bell Rd. Eagan, MN 55122 688 -3447 al Diamond T Ranch, Inc. dba Diamond'T Ranch 4889 Pilot Knob Rd. Eagan, MN 55122 454 -1464 Chung Wong, Inc: dba Hong Wong Restaurant 2139 Cliff Rd. Eagan, MN 55122 452 -0086 FHF, Inc. dba Hunan Garden 1304 Town Centre Dr. Eagan, MN 55123 452 -0905 James A. Basta dba Italian Pie Shopp /Win ry 1438 Yankee Doodle Rd. Eagan, MN 55122 452 -4525 Village House II, Inc. Que Viet Tony Bui, Owner 1272 Town Centre Dr. Eagan, MN 55123 452 -5618 Chungs, Inc." dba Anna Chungs 1960 Cliff Lake Rd. 1116 Eagan. MN 55122 454 -8543 Apples Plus. Inc ** dba Apples Restaurant 1260 Town Centre Dr. Eagan, MN 55123 683 -9145 Fratelli Tre, Inc. ** dba Carbone's Pizzeria 1665 Yankee Doodle Rd. Eagan, MN 55122 452 -6000 Carriage Hills Country Club William Smith, Owner 3535 Wescott Hills Dr. Eagan, MN 55123 452 -7211 Davanni's. Inc. dba Davanni's Pizza/Hot Hoagies 1960 Cliff Lake Rd. Eagan, MN 55122 688 -6111 Diamond T. Ranch Inc.* dba Diamond T Ranch 4889 Pilot Knob Rd. Eagan, MN 55122 454 -1464 Dragon Palace Restaurant Lee Fo Len, Owner 1466 Yankee Doodle Rd. Eagan, MN 55122 454 -4493 1996 RENEWALS Also has wine license ON -SALE BEER * *Also has strong beer license Chung Wong, Inc." dba Hong Wong Restaurant 2139 Cliff Rd. Eagan. MN 55122 452 -0086 FHF.Inc. ** dba Hunan Garden 1304 Town Centre Dr. Eagan, MN 55123 452 -0905 James A. Basta ** dba Italian Pie Shoppe/Winery 1438 Yankee Doodle Rd. Eagan, MN 55122 452 -4525 Parkview Golf Club Don Larsen. Owner 1310 Cliff Rd. Eagan, MN 55123 452 -5098 Piccolo's Patricia Boudreau 4162 Pilot Knob Rd. Eagan, MN 55122 454 -1212 Pizza Hut of America, Inc. dba Pizza Hut 1401025 2130 Cliff Rd. Eagan, MN 55122 452 -8088 Pizza Hut of America. Inc. dba Pizza Hut 1401023 1325 Town Centre Dr. Eagan, MN 55123 688 -2665 Q Burger Nancy Rieser, Owner 1428 Yankee Doodle Rd. Eagan, MN 55122 688 -0696 Village House ll* Que Viet 1272 Town Centre Eagan, MN 55123 452 -5018 West End Hunting Club Mark Steinhoff 535 Gun Club Rd. Rosemount, MN 55068 423 -2429 Hoban Korean* Restaurant Young T. Lim 1989 Silver Bell Eagan, MN 55122 688 -3447 1996 RENEWALS OFF -SALE BEER Brooks Superette #43 3390 Coachman Rd. Eagan, MN 55121 688 -2001 Super Valu Holdings, Inc. dba CUB Foods 1940 Cliff Lake Rd. Eagan, MN 55122 454 -4606 Crown CoCo, Inc. dba Eagan E -Z Stop 4195 Nicols Rd. Eagan, MN 55122 452 -9309 Holiday Stationstore, Inc. dba Holiday Stationstore #232 4595 Nicols Rd. Eagan, MN 55122 Holiday Stationstore, Inc. dba Holiday Stationstore #247 3615 Pilot Knob Rd. Eagan, MN 55122 McG's William McGuire 1969 Silver Bell Rd. Eagan, MN 55122 PDQ Food Stores of MN, Inc. dba PDQ #214 4198 Pilot Knob Rd. Eagan, MN 55122 452 -5846 Fleming Companies, Inc. dba Rainbow Foods, Inc. 1276 Town Centre Dr. Eagan, MN 55123 452 -9506 C darval Texaco F od Mkt 3830 Sibley M morial Highway Eagan, MN 55122 681 -1488 023 Superamerica Group dba Superamerica #4049 4200 Sibley Mem Hwy Burnsville, MN 55337 • Superamerica #4182 1406 Yankee Doodle Rd. Eagan, MN 55122 . 452 -9853 • Superamerica #4464 2250 Cliff Rd. Eagan, MN 55122 Superamerica #4335 .1379 Town Centre Dr. Eagan, MN 55123 688 -2870 Tom Thumb #259 2125 Cliff :Rd. Eagan, MN 55122 454 -4868 Tom Thumb #273 1815 Diffley Rd. Eagan, MN 55122 • 688 -8614 Tom Thumb #166 1446 Yankee Doodle Rd. Eagan, MN ,55122 452 -4874 • Total Mart 2000 Rahncliff Eagan, MN 55122 452 -1632 Twin Cities Stores, Inc. #594 1286 Lone Oak Rd. Twin Cities Stores #576 3150 Dodd Road Twin Cities St res #590 4250 Lexingt n Ave. S. Eagan, MN 55123 Agenda Information Memo November 21, 1995 Eagan City Council Meeting J. APPROVE NEW OWNER FOR KENNY'S LIOUOR STORE 1444 YANKEE DOODLE ROAD ACTION TO BE CONSIDERED: To approve a transfer of the off -sale liquor license for MME Inc., the new owner of Kenny's Liquor Store at 1444 Yankee Doodle Road. FACTS: • Kenny's Liquor has been acquired by MME Incorporated, which has processed an application for transfer of that location's liquor license. The Police Department has identified no reason to deny the application at this time. ATTACHMENTS: • Copy of application form enclosed without page number. Agenda Information Memo November 21, 1995 Eagan City Council Meeting RESOLUTION - DENIAL OF RIGHT -OF -WAY - LEXINGTON PARK ACTION TO BE CONSIDERED: • To approve a Resolution denying the grant of right -of -way for a public street over the City of Eagan's Lexington Park property. FACTS: ► On October 17, 1995, the City Council denied this request by Remo and Karen Caponi and directed the City Attorney to prepare Findings of Fact. ► The Resolution and Findings of Fact are now in order for adoption by the City Council. BACKGROUND /ATTACHMENTS: (1) Resolution and Findings of Fact, pages through CITY OF EAGAN RESOLUTION NO. 1995- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAGAN DENYING THE GRANT OF RIGHT -Ol? -WAY FOR A PUBLIC STREET OVER THE CITY OF EAGAN'S LEXINGTON PARK PROPERTY. The Petitioners (Remo and Karen Caponi) submitted an application to the City of Eagan ( "City ") requesting that the City grant a public road right -of -way over a portion of City park property, known as the Lexington Diffley Athletic Site. The matter came before the Eagan City Council on October 1701995. The Council having heard from interested parties and considering their information, and all files, records and prior proceedings in this matter makes the following: FINDINGS OF FACT 1. The Lexington Diffley Athletic Site is held in trust by the City for the public benefit and enjoyment. 2. Private driveway access to Petitioners' property existed through what is now park land when the City acquired the Lexington Diffley Athletic Site. 3. Petitioners' private driveway is 16 feet wide. 4. Petitioners' seek to intensify the existing use of the access from a limited private drive to a full public street. 5. A public street would need to be at least 25 feet wide. 6. Establishing a public street by the City in the Lexington Diffley Athletic Site would: a. Bader the City's efforts to regulate the hours of park operation. b. Cause confusion between park user traffic and residential traffic. c. Cause park user traffic to use the residential area as a turn around. C., d. Increase vehicle traffic in the park area heightening safety concerns. e. Increase the City's exposure to liability for injury or damage since the City solely controls the public right -of -way. £ Cause an increased burden on the park and its facilities as a result ofthe public ingress/egress from Petitioners' property. g. Limit the flexibility of the City with respect to the long term use of the park h. Result in a public street cul -de -sac, which is longer than that permitted by City ordinance. i. Cause confusion amongst park users and residents in that traffic will enter without notice that there is no through access to Diffley Road. j. Require higher priority snowplowing and road and street maintenance ofpark property by the City than would be required otherwise. 7. The Petitioners have failed to meet their burden ofpersuasion, especially since the Petitioners have other reasonable and suitable access available directly to Diffiey Road. Based on the foregoing, the Council denies Petitioners' request for a grant ofpublic road right -of -way through the Lexington Diffiey Athletic Site. Dated: CITY OF EAGAN: ATTEST: By: Eugene Vanoverbeke Its City Clerk By: Thomas A. Egan Its Mayor 2 Agenda Information Memal November 21, 1995 Eagari City Council Meeting L ACKNOWLEDGE COMPLETION, AUTHORIZE FINAL PAYMENT, ICE REFRIGERATION FOR CIVIC ARENA, PREMIER REFRIGERATION FOR COUNCIL ACTION: Acknowledge completion and approve final payment for ice refrigeration system for civic arena to Premier Refrigeration FACTS: • Premier Refrigeration has completed the installation of the ice refrigeration system. • The Arena has maintained ice for a period of 60 days. • Only minor °start -up• problems have occurred; all have been completed in a minimal amount of time. ADDITIONAL INFORMATION: Premier has provided the City with a guarantee for equipment operation for a period of two years. E osux s �L p a� _ 3_ v6Jmundl.b DATE: PROJECT: FOR PERIOD: CONTRACTOR: REQUEST FOR FINAL PAYMENT IMPROVEMENT CONTRACT 95 -01 CITY OF EAGAN November 14, 1995 IMPROVEMENT CONTRACT 95 -01 Refrigerated Ice Floor and Refrigeration System October 1 - October 31, 1995 Premier Ice Rinks 3400 48th Avenue North Minneapolis, MN 55429 REQUEST FOR PAYMENT NO. #6 -A SUMMARY: ORIGINAL CONTRACT AMOUNT CHANGE ORDER -- ADDITION CHANGE ORDER -- DEDUCTION REVISED CONTRACT AMOUNT VALUE COMPLETED TO DATE (6) MATERIAL CURRENTLY ON HAND (7) AMOUNT EARNED • (8) LESS THE 5% RETAINAGE (9) SUB -TOTAL (10) LESS AMOUNT PAID PREVIOUSLY (11) AMOUNT DUE THIS REQUEST BY: Director of Parks and Recreation BY: Finance Department -0- $ -o- $ Retainage Value This Request $ 324.423.00 Previous Value Completed 324,423.00 $ 324.423.00 $ 324,423.00 $ -0- $ -324.423.00 $ $ 324,423.00 $ 308.202.00 $ 16,221.00 DATE: DATE: FINAL PAY REQUEST #6 -A FUND ALLOCATION IMPROVEMENT CONTRACT 95 -01 Refrigerated Ice Floor and Refrigeration System November 14, 1995 • I. CIVIC ARENA DESCRIPTION ACCOUNT AMOUNT SPECIAL FEATURES 4662 -0691 16.221.00 TOTAL AMOUNT PAYMENT #6 -A $ 16,221.00 5% RETAINAGE -0- FINAL PAYMENT $ 16,221.00 PROJECT PAYMENT STATUS 9S -01 PAYMENT #6 -A CITY OF EAGAN PROGRAM: Eagan Civic Arena PROJECT NO: 95 -01 CONTRACTOR: • Premier Ice Rinks ORIGINAL CONTRACT AMT. TOTAL AMT. OF C.O.'S REVISED CONTRACT AMT. $324.423.00 $ -0- $324.423.00 DATE C.O. NUMBER DESCRIPTION AMOUNT #1 #2 $ #3 $ #4 $ #5 $ TOTAL CHANGE ORDER $ -0- PROJECT PAYMENT SUMMARY PAYMENT FROM/TO PAYMENT PAYMENT VALUE NO. THIS REQUEST THIS VOUCHER COMPLETED RETAINAGE (1) 5/1/95 - 5/31/95 $ 12,000.00 $ 11.400.00 $ 12,000.00 $ 600.00 (2) 6/1/95 - 6/30/95 $ 20.000.00 $ 19.000.00 $ 20.000.00 $ 1.000.00 (3) 7/1/95 - 7/31/95 $103.000.00 $_97.850.00 $103.000.00 $ 5.150.00 (4) 8/1/95 - 8/25/95 $184.000.00 $174.800.00 $184,000.00 $ 9.200.00 (5) 9/1/95 - 9/30/95 $ 5.423.00 $ : 5.152.00 $ 5.423.00 $ 271.00 (6) Final Payment -0- S 16.221.00 • -0- S 16.221.00 TOTALS: S 324.423.00 5324.423.00 S 324.43.00 TOTAL PAYMENT TO DATE $24,423.00 RETAINAGE FOR PAYMENT $ -0- TOTAL VALUE COMPLETED $24,423.00 5). a 4 APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT 6702 PAGE One OF Two lilttlittitUtiiittiti UUtititittiitilitM MIXttitittttittitttltitlittilii (hill MIUMIII Uti:iitittittiii $WiitUtitti PROJECT: EAGAN CIVIC ARENA TO (OWNER) : CITY OF EAGAN 3B30 PILOT KNOB ROAD EAGAN, MN 55122 FROM (CONTRACTOR): PREMIER ICE RINKS 3400 48TH AVE NO. MINNEAPOLIS, MN 55429 VIA: ARENA CONSULTING & CONST. P.O. BOX 632 LINDSTROM, MN 55045 ATTN: APPLICATION NO: SIX DISTRIBUTION TO: OWNER PERIOD TO: 31- Oct -95 ARCHITECT CONTRACTOR ARCHITECT'S PROJECT NO: PEC JOB NO 03BB6 CONTRACT FOR: ICE RINK CONTRACT DATE: 03/07/95 MIIMtiittitlil XIMIMMIt tttiitU 011111MIXI tittOMIXIMUMiU MIttiMtlUUi MIUUUUMMU$ CONTRACTOR'S APPLICATION FOR PAYMENT :CHANGE ORDER SUMMARY r r :Change Orders approved in ; ADDITIONS : DEDUCTIONS ; :previous eonths by Owner ; - -- - + ;Nueber ; Date Approved ; r TOTALS $0.00 ; $0.00 ; ;Net change by Change Orders $0.00 ; 1. ORIGINAL CONTRACT SUM $ 324,423.00 2. Net change by Change Orders $ 0.00 3. CONTRACT SUM TO DATE (Line 1+2) $ 324,423.00 4. TOTAL COMPLETED & SHRED TO DATE $ 324,423.00 (Coluen B on 6703) 5. RETAIRAGE: a. 5 Y of Ceeplete Work $ 0.00 (Coluen D +E on 6703) b. 5 Y of Stored Material $ 0.00 (Colunn F on 8703) Total Retainage (Line 5a +5b or Total in Coluen I cf 6703) .. 0.00 $ 6. TOTAL EARNED LESS RETAINABE $ 324,423.00 (Line 4 Iess Line 5 Total) ' 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 fro prior Certificate) $ B. CURRENT PAYMENT DUE $ 9. BALANCE TO FINISH, PLUS RETAINABE S (Line 3 less Line 6) • • 308,202.00 16,221.00 0.00 CONTRAC State of: MINNESOTA .COUNTY OF HENNEPIN Subscribed and sworn to before se this day of • ,19 By .l vf " :e: 16- Oct -95 Notary Public: LONNIE R. BELLIN, CONTROLLER My Coaeission expires: MUUliUttUUtti IMUMStittttiiittitittUttitttittltUiUMMItUittiUtUitttiiiiUUt MIMUM UiM Uttt ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED $ 16,221.00 (Attach explanation if amount certified differs . • from the mount applied for.) ARCHITECT: A0L N.ic. , By: still ((till$M1$$ilitittUttlitt$1 $$$$$$$$Ott itt$1111Ittiitit Date: it_-1--fr Uttiiltii *SU*tUtiititi# ttfS *Utiitiitittiti *Utiiti PREMIER APPLICATION NO. v/ EASAN ICE RINK _ OUR JOB N3B86 CONTINUATION SHEET SUBSTITUTE FOR AIA 6703 PERIOD TO /0/41S.... PAGE NO. ITEM SCHEDULED PREVIOUS THIS COMPLETED BALANCE NO. TITLE /DESCRIPTION ,VALUE APPLICATION PERIOD TO DATE 2 TO FINISH 1 IEBILIIATION, SUBMITTALS, & BONDING ' $12,000 $12,000 $0 $12,000 1001 $0 2 UNDERGROUND PIPING, & INSULATION : $20,000 $20,000 $0 $20,000 100% $0 3 REFRIGERATED FLOOR SYSTEM & CONCRETE $156,000 $156,000 $0 $156,000.100% $0 4 REFRIGERATION PKB. & CONDENSER $131,000 $131,000 $0 $131,000 100i $0 5 EQUIPMENT START UP : $5,423 $5,423 $0 $5,423 100% $0 TOTALS $324,423 $324,423 $0 $324,423 $0 APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT 6702 PAGE One OF Two filltlttttnitti11ti2tttitlittit2tit :llliit1IttUttittt12121221 U 2i1t11t22t U Itittittitititttttttilttiil12222titttttlIftitt TO (OWNER): PROJECT: APPLICATION NO: SIX DISTRIBUTION T0: CITY OF EAGAN EAGAN CIVIC ARENA ONNER 3830 PILOT KNOB ROAD PERIOD T0: 31- Oct -95 ARCHITECT EAGAN, MN 55122 CONTRACTOR ARCHITECT'S PROJECT NO: FROM (CONTRACTOR): - PREMIER ICE RINKS 3400 48TH AVE NO. !MINNEAPOLIS, MN 55429 VIA: ARENA CONSULTING i CONST. P.O. BOX 632 LINDSTROM, MN 55045 ATTN: PEC JOB NO:113886 CONTRACT FOR: ICE RINK CONTRACT DATE: 03/07/95 titt1MIXIS 22it1112t1tiitlttlitliillUitlltitt1112i111t11ti11tt11t12211111itiltifti12tit1ittiltltt !i2i1tt2tt22ttiltitl/itltt CONTRACTOR'S APPLICATION FOR PAYMENT :CHANGE ORDER SUMMARY ' 1. ORIGINAL CONTRACT SUM f 324,423.00 2. Net change by Change Orders $ 0.00 3. CONTRACT SUM TO DATE (Line 1+2) $ 324,423.00 4. TOTAL COMPLETED i STORED TO DATE $ 324,423.00 (Column 6 on 6703) 5. RETAINAGE: a. 5 Y of Complete Work $ 0.00 (Column D +E on 6703) ;. b. 5 % of Stored Material $ 0.00 ' . 4 (Colunn F on 6703) I f f Total Retainage (Line 5a +5b or Total in Column I of 6703) .. 0.00 $ 6. TOTAL EARNED LESS RETAINAGE $ 324,423.00 (Line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) $ 306,202.00 f 1 ;Change Orders approved in : ADDITIONS : DEDUCTIONS ; ;previous months by Owner ; ; r- - ----_ ---------------------- f :Nueber ; Date Approved : r 1 f f r r r . r f f f f 1 r 1 f TOTALS ; $0.00 :. $0.00 ; B. CURRENT PAYMENT DUE $ 16,221.00 • "' 9. BALANCE TO FINISH, PLUS RETAINAGE $ 0.00 :Net change by Change Orders $0.00 ; (Line 3 less Line 6) ====== V • _ 1 'CONTRA State of: MINNESOTA COUNTY OF HENNEPIN Subscribed and sworn to before se this day of. ,19 Date: 16-Oct-95 Notary Public: ONNIE R. BELLIN, CONTROLLER My Commission expires: 1211 U2ttil2ltttilt2tl2tt211tittlttttltittltitttt :ltttil11t11tt2t2t 2212 22 t1tt2t2tttttttlt# ltllttttlitttttt :t2tttitit:lttt2tt ARCHITECT'S CERTIFICATE FOR PAYMENT T AMOUNT CERTIFIED $ 16,221:00 (Attach explanation if amount certified differs . • from the amount applied for.) • ARCHITECT: AG(. (JC • w By: liteikkaqiiiiiii. Date: 11 -1 ttl* Utttttt$S tti tt IIlt Ut tttl $ttttt$111t211tttttt:tltttttitl p:lllil:Iltt28i12it t :itl21i1111 tiitttttttttttttt2tttttitttt I 3 17 • • PREMIER APPLICATION NO. _ v/ PERIOD TO /v 3/ PAGE NO. EAGAN ICE RINK CONTINUATION SHEET SUBSTITUTE FOR AIA 8703 OUR JOB M3886 ITEM SCHEDULED PREVIOUS THIS COMPLETED BALANCE NO. TITLE /DESCRIPTION VALUE APPLICATION PERIOD TO DATE I TO FINISH 1 MOBILIZATION, SUBMITTALS, & BONDING $12,000 $12,000 $0 $12,000 100; $0 2 UNDERGROUND PIPING, & INSULATION $20,000 $20,000 $0 $20,000 1001 $0 3 REFRIGERATED FLOOR SYSTEM & CONCRETE $156,000 $156,000 $0 $156,000 1001 $0 4 REFRIGERATION PKG. i CONDENSER $131,000 $131,000 $0 $131,000 1002 $0 5 EQUIPMENT START UP $5,423 $5,423 $0 $5,423 1001 $0 TOTALS $324,423 $324,423 $0 $324,423 $0 • • • • Agenda Information Memo November 21, 1995 Eagan City Council Meeting M. AWARD BID, FIRE STATION NO. 1 REMODELING The City opened bids for the remodeling of Fire Station No. 1 on Thursday, November 16, 1995. There were 11 bids ranging from $216,870 to $402,000. Unfortunately, there is a legal question about whether or not the low bid can be accepted. The second low bid is $230,704. City Attorney Sheldon is working with the architect, Arthur Dickey, and will be providing a recommendation. That Information will be forwarded to the City Council on Monday. Agenda Information Memo November 21, 1995 regfrIttaltiNa A. PROJECT 689, HAYES & DELOSH ADDITION ACTION TO BE CONSIDERED: To close the public hearing and approve/modify /deny Project 689 (Hayes & Delosh Addition - Storm Sewer) and, if approved, authorize the preparation of detailed plans and specifications. FACTS: • The Hayes Addition and Delosh Addition received preliminary subdivision approval by Council action on 6 -6 -95 and 9 -5 -95, respectively. The condition of each subdivision approval requires the installation of certain public storm sewer improvements to handle the increased surface runoff associated with new development and/or to convey existing drainage through the subdivision in a controlled manner to eliminate ongoing erosion problems within existing natural ravines. • In response to a petition submitted by the respective developers, the City Council authorized the preparation of a feasibility re port. This report was presented to the City Council on October 2, with a public hearing being scheduled for November 6 which was subsequently continued until November 21. • In addition to individual meetings with various property owners, a general neighborhood informational meeting was held on November 16 to review the proposed project improvements with affectedfnterested property owners. ISSUES: • In accordance with the City's Assessment Policy, trunk area availability charges are proposed to be levied over all property within a district that generates surface water runoff that will be collected and conveyed through this improvement. The majority of this drainage district incorporates existing developed single - family residential properties. • Concern has been raised by some property owners regarding the disturbance to the existing ravine created by the proposed construction activity. While it is inevitable, it is proposed to keep it to a minimum. The alternative would be to reduce or eliminate the proposed scope of this project which would result in ongoing erosion of this existing ravine at an increased rate based on increased surface water runoff associated with the proposed developments. ATTACHMENTS: • The feasibility report, under separate cover. • General location and improvement/district maps enclosed on pages through 41. • Minutes from informational neighborhood meeting, enclosed on pages 1 through 4 37 IN _....r-z l i I - - I� .__ /,.,N TLO AT /lION N:\ N. I , \? KV ''.tn. ////'‘‘..>././!..).,)/ ' _...7. � Y��. y/ —C.. „/ ./`k,■?,/ ---,Y E. T 26) /**"/ r�.. ,Tj.._ 1 ��� �::� . EEl ra Err m /4 $ L. . ll 0 700 1400 Scale is 1.11 LOCATION PLAN -A\r/pLi ‘1. YANKEE DOODLE ROAD (Co. Rd. 28) EAGAN, MINNESOTA FIGURE 1 HAYES ADD. /DELOSH ADD. STORM SEWER IMP. — CITY PROJ. No. 689 37 49567F01.OWG AUGUST 1995 COMM. 49567 ■ Bonestroo Roe n Anderilk 6 Associates PROPOSED HAYES ADD/770N HAYESRAV /NE DRA /NAGEAREA 1 Drainage Area Sub Boundari CW1I• kfr 2 3 T6U �. G ....__ ..r 9 10 n 12 BR EVIEW AVE H /GHWEW AVE HIGrIW 1 +D}T/ON CN OF ..._ GAN \ RSA D OSY P-ok. 1-1 $,K- Y,LINE DR VE j IR ctatHj I{ENTAcRE STEM r �RUSTICr frL �R ir 7151ft' 1c SKYLINE ROAD DRAINAGE AREAS 133-00 PRO DELOS� EXISTING PROJECT 543R -STORM SEWER DELOSHRAV /NE DRA /NAOEAREA N 0 250 300 3ed. N last EAGAN, MINNESOTA FIGURE 2 HAYES ADDITION /DELOSH ADDITION STORM SEWER IMP. — CITY PROJECT No. 689 3/ 49567F02.DWG • AUGUST 1995 COMM. 49567 nBones troo Rosen Anderlik & Associates 6) CW1I• kfr 2 3 T6U �. G ....__ ..r 9 10 n 12 BR EVIEW AVE H /GHWEW AVE HIGrIW 1 +D}T/ON CN OF ..._ GAN \ RSA D OSY P-ok. 1-1 $,K- Y,LINE DR VE j IR ctatHj I{ENTAcRE STEM r �RUSTICr frL �R ir 7151ft' 1c SKYLINE ROAD DRAINAGE AREAS 133-00 PRO DELOS� EXISTING PROJECT 543R -STORM SEWER DELOSHRAV /NE DRA /NAOEAREA N 0 250 300 3ed. N last EAGAN, MINNESOTA FIGURE 2 HAYES ADDITION /DELOSH ADDITION STORM SEWER IMP. — CITY PROJECT No. 689 3/ 49567F02.DWG • AUGUST 1995 COMM. 49567 nBones troo Rosen Anderlik & Associates 7 6 5 4 3 2 1 PROPOSED HA YES AD'. 1A) z Q 6 7 8 HIGHVIEW TERRACE 6 . 412 5 (`k 11 J� 4 1Q !� 3 9 2 8 1 7 BRIDGEVIEV' TERRACE 10 2 Off. 1RC Hayes Ravine (,� 2 43)054OR BLOCK BRIDGEVIEW AVE 2 0 J 1 5 /9: •"..r—Neo FUTURE ACCESS' °ROAD °• 2 OS R9i4,Qp4O STORM SEWER IMPROVEMENTS • 4er Ex. 72" 1 Ex. 8 17 2" FROM PO 10 PROPOSED DEL `'.ADD. 112 RCP O Ex. 30" 012 -77 4 3 2 HP -11, 24 C 3 ST 4 Exist. = cov -.` PROPOSED STORA/SEIYER t ' C /A/PROVEA/ENTS','� LIiy111 ro 5 6 SKYLINE DRIVE o 100 200 Seale M 1N1 EAGAN, MINNESOTA FIGURE 3 HAYES ADDITION /DELOSH ADDITION - STORM SEWER IMP. — CITY PROJ. No. 689 0 49567F03.DWG AUGUST 1995 COMM. 49567 L ■ Bonestroo Rosene inAnd rlik & Associates HAY ES ADD/ OQI ASSESSAENT BOUNDARY FOR TRUNK AREA VIEW AVr---- 10. • HIGH° pARK • 0 PR LOS r9001T1 N CN OF EACAN • ��A D aSi�R•"'DR. !(LINE ROAD ley ED DIT/ R ./lisTIC '0 - 250 500 Scala In lest ASSESSMENT AREA EAGAN, MINNESOTA FIGURE 4 HAYES ADDITION /DELOSH ADDITION STORM SEWER IMP. CITY PROJECT No. 689 4( 49567F04.DWG AUGUST 1995 COMM. 49567 ■ L Bones troo Rosene Anderlik d Associates . 612 636 1311 11 -17 -1996 12:17PM FROM BONESTROO " ASSOC 612 636 1311 Bonestroo Rosene Anderlik 61 Associates Engineers & Architects 6 P. 2 lire+ eWen, Rncwlr .Anrlrrlrk ;ma Min eitt/r;lru i,, n Affirmative AtliterVrtp.1.dfarytiii,i yPnytluyw Otto G. DOncstt00. P.E. RcO., t W. ROSCrh. PS.' Je1CCO C AMCrbk. PE. Mtrvrn I . Snnr]la, P}. eahali F. turner, Pi. Merin R. Coe*, P.0 Trlurna; C Noyek, P.C. RoDef G ScriunICI,. PC Su,Pn M Eocrlm.C.PA ' Senior Cprr:ultbntt HOWxa A. seamen, P.E. Keith A. GOraut .. P.0 RODn t R Prerte, It:. PE. Rimer( W Foster PE David 0 Ln,Mnr.t, Fr. se-alert 1'. mow*. AI.A Jerry A. Qouroon, yr Mak A. Harem, P.0 Michael T. Rautmervi, PC. Teo K. ENkJ, P.L. Ttwmµ R Ander MM. AAA OonaltC C. Durparat, Pr. Trromas A Sylko. P.C. Freaeru J. Stenlrnrg, RE Ismael MottiACr. pc MICMrc 1 P Rau. Pi f Mms s W. PCtCtSOn PE 'Ammo C LyrCh P.E. Jame, R Warw. PC Jetty D rtsuh. Pt Store J- moanek. Pe Kennrm V, Anrlrrten, Rh. MArk R Roils. PE. ureic A. Sop, Rt. Gray W Mei inn, kF- P,rul J G.etnnn, ALA Dante? .1 Edgerton, Pt A. Rick ScfinuCr. RE Plulip J Crowell, P.E. Mark D. Wow., Pr Marc H je•nrrn, PF • L Philip Gr.,vl•1. PF Xnee+1 t Wremert• Pt Gag/ D. Kt utulhs, Pt Shan K Gage. P.C. Keith R. YAW). PC Duuytla, J Orrw t. P.0 Shawn P Gutter son. P.0 (critic, (YUVIer pe Paul G Hcuct, P.E. JOhh I, Confer PE Om 1) Anyum Pt, Irtln•y 1, ihlr:meter. 19; JOSCpn 11. RhCtn, Pt lee M. Mann, Y.F. Chartec A Fnrkcnn (Co M Pa WClsky Marian M OltOn Ageing N. Rnv1 Jame% F kngNhnrgt MEMO TO: Mike Foertsch, Assistant City Engineer Eagan, MN FROM: Mark Hanson DATE: November 17, 1995 RE: Informational Meeting (November 16,'1995) Hayes Addition / Delosh Addition - Storm Sewer Project No. 689 Our File No. 49567 The informational meeting for the above referenced project was held at 7:00 p.m. on November 16, 1995 in the Community Room at City Hall. It should be noted a previous informational meeting was held with the property owners directly abutting each ravine on September 28, 1995 at the Eagan Maintenance Facility. The purpose of the September 28th meeting was to discuss existing conditions in the ravines and possible improvements, without necessarily focusing on assessments. The purpose of the November 16th meeting was to present improvement options, estimated costs and assessments. Therefore, all residents proposed to be assessed were invited to the November 16th meeting. The meeting began by asking the residents what they expected from themeeting and what their concerns and questions are. An abbreviated preliminary report (pages 3, 6,12,13,14 and Figures 1 -5) was handed out to each resident. A sample of the questions asked by residents are as follows: . • I receive no benefit. I • Special assessments should be levied 'against benefitting properties adjacent to each ravine and not to the entire drainage area. • My property has steep slopes (90°); all water runs off. I don't have problems and don't need the project. • Why weren't meetings held previously? Public hearing is next Tuesday. • What's going to happen with our streets? 2335 West Highway 36 • St. Paul, MN 55113 • 612 - 636-4600 612 636 1311 11 -17 -1995 12:17PM FROM BONESTROO " ASSOC 612 6361311 • P.3 Mr. Mike Foertsch City of Eagan Re: Informational Mtg - Hayes/Delosh Add'ns Page -2- November 17, 1995 • Developers for Hayes and Delosh should pay because they benefit. They can add the cost to the sale of their homes. • Why aren't the people on Skyline Road asked to pay? • The cuI -de -sac in front of my house isn't large enough; everything is backwards. • Why doesn't the City charge impact fees? • On my water bill is a storm water utility fee. Why don't those dollars pay for this project? • Drainage from Highview Avenue does not enter the ravine; it overflows into T.H. 13. • Different material should be used when streets are seal coated. • Do the project in two years when you do the streets. Following the questions, a short presentation was made in accordance with the preliminary report, and the above questions applicable to the project were answered. Following the presentation, a few residents seemed to accept that the project (improvements) is warranted; however, they don't care to pay. The residents also seem to prefer the bioengineering approach to restore the Delosh Ravine. One specific resident did come to the front of the room and admitted he felt City staff had gone a long way to satisfy . residents' concerns. He felt the project was warranted based on the bioengineering approach; however, he felt existing residents should be grandfathered in and not have to pay a trunk storm sewer assessment. He has begun developing a petition and encouraged residents to sign. In summary, the options listed in the report and formulated at the informational meeting are as follows: Report • Do nothing. • Restore the Delosh Ravine based on bioengineering. • Restore the Delosh Ravine utilizing storm sewer. Formulated at Meeting • Delay the project for two years when streets are done. • Do the project now, but don't assess existing residents. • Separate projects and assess Hayes improvements and Delosh improvements to each respective drainage area. • NAME 1.� 2. MAeKe-PuiAtt. INFORMATIONAL MEETING HAYES & DELOSH ADDITIONS THURSDAY, NOVEMBER 16, 1995 - 7:00 P.M. 11. 1 13. 14.# 15. w�/�� ADDRESS 4.Y6o Az." jµSq JOvru fat Ae AVfi act, 4.verz‘n 17y2_ g Ii/Ght-R l D a t----75yt l 1473 H,efPbie41 , z .2B' '1t fie# Mrbcff ) I4/7S- 13,:d eogee_td 04v-e- /1/7 z MP4) -wc alSto A47 7/ 1/ tl J�44B' 4_ M, 1-1 a790 s Or. r gee Z/1r �t I/ 16. 07_,LCV efsU _ 280 LTS#5 /SIGNIN.SHT /JJ NAME INFORMATIONAL MEETING HAYES & DELOSH ADDITIONS THURSDAY, NOVEMBER 16, 1995 — 7:00 P.M. ADDRESS 21. �..,� 2 d ye 22. lime& 23.s -.� �.r..a,�,r�,,.�a.••..- 24. 25. 31' W/p- Axwre,ve- 32. physi /114-yEs- 33. 34. 35. 36. 37. 38. 39. 40. LTS•5 /SIGNIN.SHT /JJ oar A(iie4 /y7 a ti • /9 / 1464/V/1 Fw AV I'i7//: �yssl aftti 41.4'9 • Cat.t pi 7C 414-3,-"rtitc-1441(t. e-34 "ee/c7- .37 zgYl XRIaEVICw7`ezR. tvtiftm %re ,el',tx� i .. Agenda Information Memo November 21, 1995 Eagan City Council Meeting B. VARIANCE - LUNDGREN BROTHERS CONSTRUCTION ACTION TO BE CONSIDERED: ► To approve or deny a Variance to allow the access road on Lot 10, Block 1, Rooney Addition, to be narrowed to 16' for approximately 30' to preserve trees. ► To approve or deny a Variance to allow the access road on Lot 15, Block 1, Rooney Addition, to be narrowed to 16' for approximately 50' to preserve trees. ► To approve or deny a Variance to allow the access road on Lot 6, Block 1, Rooney Addition, to be narrowed to 16' for the first 100' off Amberleaf Trail. FACTS: ► The Rooney Addition was platted in 1994. In an effort to save as many trees as possible, the subdivision layout included three separate private access roads to provide access to a total of eight lots. One of the conditions of subdivision approval required all private streets to be a minimum width of 20'. ► The Minnesota Uniform Fire Code requires a "fire apparatus access road" to serve any structure that is located more than 150' from public access and that the access road shall have an unobstructed width of not less than 20'. These requirements can be modified if there are not more than two homes being served by the access road and, in the opinion of the Fire Chief, "fire fighting or rescue operations would not be impaired ". ► The applicant is proposing to reduce the width on two of the access roads to 16' to avoid existing tree massings. ► The applicant is proposing to reduce the width of the third access road to 16' for the first 100' of the road off Amberleaf Trail because the neighboring property owner was not made aware of the width of the adjacent access road at the time of the purchase of the property. This reduction in the access road width will not save trees. ► The City Forester has determined that narrowing the road access around trees on the two access roads will likely save the existing trees in these areas and the Fire Chief does not believe public safety will be impaired. ► The Fire Chief and Fire Marshal have reviewed the request for the reduction to 16' for the first 100' of the third access road. Although this access does not serve more than two homes, because the second home served is approximately 300' off Amberleaf Trail and there does not appear to be a hardship for this specific request, they are not in favor of narrowing the access road on Lot 6. BACKGROUND /ATTACHMENTS: (1) Staff Report dated October 5, 1995, pages ?through57 . PLANNING REPORT CITY OF EAGAN _ REPORT DATE: November 13, 1995 CASE #: 22- V- 16 -11 -95 APPLICANT: Lundgren Brothers HEARING DATE: Nov. 21, 1995 PROPERTY OWNER: Lundgren Bros. PREPARED BY: Mike Ridley REQUEST: Variance (private access road width) LOCATION: AmberLeaf Trail (Rooney Addition) COMPREHENSIVE PLAN: D -I, Single Family Residential ZONING: R -1, Single Family SUMMARY OF REOUEST Lundgren Brothers Construction is requesting approval of a 4 foot Variance to the required 20' width of the three private access roads located on Lots 6, 10, and 15, Block 1, Rooney Addition (marketed as Amberleaf) which is located along the north side of Diffley Road, just west of the Caponi Art Park in the SE 1/4 of Section 22. AUTHORITY FOR REVIEW Section 11.40, Subd. 3, C., states: 1. If the Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. That granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. CODE REOUIREMENTS The City has adopted the 1991 Minnesota Uniform Fire Code (UFC). The Fire Code requires a "Fire apparatus access road" to serve any structure that is located more than 150 feet from 4r Planning Report - Lundgren Brothers November 21, 1995 Page 2 public access and that the access road shall have an unobstructed width of not less than 20 feet. These requirements can be modified if there are not more than two homes being served by the access road and "in the opinion of the Chief, firefighting or rescue operations would not be impaired ". BACKGROUND/HISTORY The 19 lot Rooney Addition was platted in 1994. In an effort to save as many trees as possible, the subdivision layout included three separate private access roads to provide access to a total of eight lots. One of the conditions of subdivision approval for Rooney Addition required all private streets to be a minimum width of 20 feet. Last month, a representative of Lundgren Brothers met on -site with City staff representing fire, forestry, and engineering to discuss the possibility of narrowing (around trees) two of the three private access roads to try and save additional trees. Subsequent to these discussions, the owners of Lot 5, Block 1, contacted the City about reducing the width of the private access road located east of their property. EXISTING CONDITIONS Eleven of the nineteen lots are developed. The initial site grading spared treed areas where there was the possibility of saving trees by making minor site modifications in the field at the actual time of home construction. Lundgren recently installed the first lift of paving on the access roads as proposed as part of this application with the understanding that the fmal construction of each road will be consistent with the Council's action on the their Variance request. The private access roads are located on Lots 6, 10, and 15, Block 1, Rooney Addition. Access Road #1 - Located on Lot 6 - provides access to Lots 6 & 7. The structure on Lot 7, at the furthest point, is 300 feet off of Amberleaf Trail. Access- Road #2 - Located on Lot 10 - provides access to Lots 10 -12. The proposed home on Lot 11, at the furthest point, is 260 feet off of Amberleaf trail. Access Road #3 - Located on Lot 15 - provides access to Lots 14 -16. The proposed home on Lot 15, at the furthest point, is 230 feet off of Amberleaf trail. EVALUATION OF REOUEST ACCESS ,ROAD #2 & #3 Hardship - Lundgren Brothers states that the hardship for narrowing the access road-width on Lots 10 and 15 is to save trees. The proposed variance will allow Lundgren to narrow the access LI? Planning Report - Lundgren Brothers November 21, 1995 Page 3 road from 20 feet to 16 feet for stretch of between 30 and 50 feet around tree massings and then bring the width back up to 20 feet. The City Forester has determined that narrowing the access would likely save the trees intended to be saved and the City Fire Chief and Fire Marshal have also reviewed the proposal and they have determined that public safety would not be compromised if these two access roads were narrowed around the trees and then brought back up to the 20 feet width past the trees. ACCESS ROAD #1 Hardship - Due to misinformation provided by Lundgren Brothers Inc., the customers who purchased Lot 5 understood the width of the access road east of their property to be 16 feet instead of 20 feet; therefore, Lundgren is requesting to reduce the width of the access road on Lot 6 to 16 feet for the first 100 feet of the road. The proposed variance for this access road will not save trees. The Fire Chief and Fire Marshal have reviewed this request also and although this access road does not serve more than two homes, the private road travels approximately 100 feet before it serves the first home and the furthest portion of the second home served is 300 feet from Amberleaf Trail. For this reason and the fact that there does not appear to be a legitimate hardship for this specific request, the Fire Chief is not in favor of narrowing the access road on Lot 6. SUMMARY /CONCLUSION Access road widths are established by the UFC for the purpose of providing adequate firefighting' and/or rescue operations to all structures. The UFC allows modifications in certain instances provided firefighting and/or rescue operations will not be impaired. The City Forester has determined that narrowing the road access around trees on access roads #2 and #3 will likely save the existing trees in these areas and the Fire Chief does not believe public safety will be impaired. However, the Fire Chief does not support reducing the width of access road #1 because a hardship has not been identified. ACTIONS TO BE CONSIDERED To approve or deny a Variance to allow the access road on Lot 10, Block 1, to be narrowed to 16 feet for approximately 30 feet to preserve trees. To approve or deny a Variance to allow the access road on Lot 15, Block 1, to be narrowed to 16 feet for approximately 50 feet to preserve trees. Planning Report - Lundgren Brothers November 21, 1995 Page 4 To approve or deny a Variance to allow the access road on Lot 6, Block 1, to be narrowed to 16 feet for the first 100 feet off of Amberleaf Trail. • S/ \ '"t _I L.. "-.' .. i COURSE N I L _ GOi ccksvew 24.0' LEARY. PARK I g O' LEA LA ROYAL w MUELLER FARM P/ J CT HU LEY L E S'R••� CUTTERS -. IROCKY '.A. • 1►/ GTAIIRv DEERWOOD DRIVE CAR THY PATRICK EAGAN PARK nvIEW NORTHVEW PARK 21 0. RD. 30) '1614 CLEMSON CiR VERGREE .� PAR GOAT hLL PARK CARLSON 1 W L 1a•J LVUIDGREI1 BROS. CONSTRUCTION November 8, 1995 -INC. 935 E. Wayzata Blvd. Wayzata Minnesota 55391 (612)473 -1231 Honorable Mayor and Members of Eagan City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 -1897 Re: ROONEY ADDITION Variance Request for Private Driveway Widths. Dear Mayor and City Council: Lundgren Bros. Construction, Inc. is respectfully requesting that the City of Eagan grant a variance to the condition of the July 6, 1995 Development_ Contract that the private driveways be 20' wide. The actual request is to allow Lundgren Bros. Construction, Inc. to construct these private driveways at a minimum of 20' wide, except in specific locations. The basis for this variance request is threefold, first- to save trees, secondly- adequate emergency access, and thirdly- fairness to customers. The first basis for this request is for the purpose of saving trees. • This affects private driveways #2 and #3. As seen on the attached Exhibit 1, entitled OVERALL PLAN, private driveways #2 and #3 have'trees which are within the private driveway easement. These trees were saved from the initial grading because we, and the City Forester, knew they would be questionable. We felt it would be better to save the trees, complete the grading, then analyze the situation, rather than remove the trees and then find out later that they could have been saved. We are now at that point where we can see the existing situation and we, the homeowners, and the City Forester would like to save the trees. However, to do so would prevent us from obtaining the full 20' width in the area of the trees. I met with representatives of the City (engineering, forestry, and public safety) on October 11, 1995 on the site to observe this situation. After discussion and observation, it was the opinion of those gathered that this was not an issue of public safety. While not administratively approved, it was agreed that we could proceed to construct the private driveways #2 and #3 at the 20' width, except in the immediate vicinity of the trees. These private drives have been constructed according to these parameters. Photographs of the constructed private driveways are seen on Exhibit #2, entitled PHOTOGRAPHS OF PRIVATE DRIVEWAYS. . Mayor and City Council November 8, 1995 Page 2 The second basis is the adequacy of emergency access. This affects all three private driveways. We recognize that while the Minnesota Uniform Fire Code specifies in Division II, Section 10.204 that fire access roads shall have an unobstructed width of not less than 20 feet, there can be exceptions upon approval of the fire chief. We would like to point out that the width would be at least 20' wide at the driveways in front of the homes and in the areas where emergency vehicles would likely need to park in an emergency situation. Photographs of the constructed private driveways can be seen in Exhibit 2, entitled PHOTOGRAPHS OF PRIVATE DRIVEWAYS. We would respectfully request that the fire chief grant a limited exception to the 20' width requirement for each of these private driveways, because we feel the private driveways as constructed provide an adequate emergency access. The third basis for this variance request is fairness to customers. Exhibit B, Paragraph D, Line 11., of the Development Contract states 'The private street shall be a minimum of 20 feet wide. ", a copy of this page is attached in Exhibit #3, entitled PAGE FROM DEVELOPMENT CONTRACT. The reference to "street" is singular, whereas there are three private driveways, as shown on the approved construction plans. This reference has resulted in a controversy with one of our customers. Lundgren Bros. Construction, Inc. attempts to disclose to its customers all information as accurately as is possible. Attached as Exhibit #4, entitled DISCLOSURE EXCERPTS, are excerpt copies of exhibits from the Purchase Agreement package of information which our customers review and acknowledge as having received. We show on-our marketing map (Disclosure Exhibit A) the locations of the three "Shared Driveways ". To avoid extensive review and research, we detail on the easement map (Disclosure Exhibit F) the items affecting our customers' lots which they may not be aware of, but we feel they should be informed of. We focus on specific nuances of a particular customer's lot on the lot -by -lot disclosure (Disclosure Exhibit G). We provide general information regarding the subdivision in the subdivision disclosure (Disclosure Exhibit J). There are other items in the Purchase Agreement package, but I included these as they pertain to the issue of the private driveways. As seen in each of these disclosure exhibits, the existence of the private driveways is discussed, but never is the width discussed. Mayor and City Council November 8, 1995 Page 3 When we began to prepare the private driveways for paving, our customers who bought Lot 5 objected to the width of private driveway #1. They said that they were told that the private driveways would be 16' wide, not the 20' we were preparing. They proceeded to place telephone calls to the City in order to seek information regarding the private driveways. They spoke with the planning department and were told that the private driveways were in fact "streets ", as defined by the City. They were further told by planning and public safety that the private driveway could be less than 20' in width, but that the request would have to be made by Lundgren Bros. Construction. They knew of my previous meeting with City representatives about private driveways #2 and #3 and the "allowance" verbally given by those in attendance and they felt that to be fair they should have an "allowance" also. They urged Lundgren Bros. Construction, Inc. to request a variance from the City of Eagan. Due to the prevailing inclement weather and the fact that we were soon to loose the 'Window of opportunity" to do any paving, I proceeded to pave . these private driveways on November 3, 1995. So that there would not be any misunderstandings, I had sent a letter to Mike Ridley on October 30, 1995, copy attached as Exhibit #5, entitled LETTER TO MIKE RIDLEY, explaining the situation as I knew it to be. I stated that while we knew the private driveways were going to be constructed to less than approved widths, we.would comply with the direction of City Council. If modifications to the private driveways proved to be necessary as an outcome from the City Council meeting of November 21, 1995, we would make such modifications in the spring when the weather would allow such construction. In order to obtain clear and definitive direction in the issue of these private driveway widths, to absolve the City officials in any representation given in the October 11, 1995 meeting, and to resolve the issue of fairness with our customer, Lundgren Bros. Construction, Inc. respectfully requests that the City Council of the City of Eagan amend the Development Contract condition requiring 20' private driveway widths for the three private driveways. We would therefore request that the private driveways be allowed to remain as presently constructed. Mayor and City Council November 8, 1995 Page 4 I thank the Mayor and members of the City Council of the City of Eagan for their time and attention given to this matter. Should there be any questions, or if I can supply any additional information, please contact me. Sincerely, LUNDGRE BROS. CONSTRUCTION, INC. David A. Hinners cc: Mr. Peter Pflaum, President Lundgren Bros. Construction, Inc. Enclosures s7 Agenda Information Memo November 21, 1995 Eagan City Council Meeting C. VARIANCE - RON BROPHY ACTION TO BE CONSIDERED: ► To approve or deny a 1.5' Variance to the required 10' side yard setback for Lot 14, Block 3, Meadowland 1st Addition. FACTS: ► The City Code requires a 10' side yard setback for any living space. ► Meadowland 1st Addition is located within the Eagan Hills Planned Development which provided single family lots that deviate from the standard R -1 (Single Family) 12,000 sq. ft. minimum lot size and 85' minimum lot width. ► Mr. Brophy is proposing to replace an existing 10' x 10' deck on the north side of the dwelling unit with a 12' x 16' three- season porch and attached 12' x 11' open deck. Since the proposed porch will be enclosed, it must meet the required 10' side yard setback. ► The applicant states that the small lot size and width constitute a hardship because the home was oriented lengthwise along the side property line so that the only location for a deck and porch is on the north side of the dwelling unit. ► The home was built with a sliding glass door on the north side of the building to access an elevated deck which can be accommodated on that side of the building; however, by modifying the proposed 12' x 16' three- season porch dimension to a 10' x 16' area, the porch could be constructed without a Variance. BACKGROUND /ATTACHMENTS: (1) Staff Memo dated October 18, 1995, pages through 4 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 8, 1995 APPLICANT: Ronald S. Brophy PROPERTY OWNER: Ronald S. Brophy REQUEST: Variance (side -yard setback) CASE #: 29- V- 17 -11 -95 HEARING DATE: 11 -21 -95 PREPARED BY: Erik Slettedahl LOCATION: 4382 Bear Path Trail Lot 14, Block 3, Meadowland 1st Addition COMPREHENSIVE PLAN: D -1 (Single Family Residential 0 -3 units /acre) ZONING: PD (Planned Development) ,SUMMARY OF REQUEST Mr. Brophy is requesting approval of a 1.5 foot variance to the required ten foot side -yard setback for a three season porch on Lot 14, Block 3, Meadowland 1st Addition (10- 48050 -140- 03) located in the NW 1/4 of Section 29. AUTHORITY FOR REVIEW Section 11.40, Subd. 3, C., states: 1. If the Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. That the granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. CODE REQUIREMENTS City Code Section 11.20, Subdivision 6, A. requires a ten foot side yard setback for a dwelling unit and a five foot side -yard setback for any permitted accessory structure in single family residential zoning districts. An enclosed structure used as living space is considered part of the dwelling unit and must meet the required ten foot side -yard setback. Also, City Code Section 13.04, 8. defines Building Setback as "the minimum horizontal distance from a lot boundary to the nearest part of the foundation wall except that no roof, eave, or overhang shall project more than 30 inches into the setback zone ". The footings of a structure are considered the foundation wall and any overhang or cantilevered portion of a structure may project into the setback area up to 30 inches. BACKGROUND Meadowland 1st Addition is located in the Eagan Hills Planned Development, both of which received final approval on April 3, 1979. On March 20, 1981 a building permit was approved for a single family dwelling with attached garage for the subject lot that included a certified surveyor's certificate indicating the lot dimensions and location of the proposed home. EXISTING CONDITIONS The subject lot is 9,750 square feet and currently contains a 1,200 square foot dwelling unit with a 440 square foot attached garage and is situated longer rather than wider on the lot. The subject lot is also 75 feet in width which is ten feet below the standard minimum lot width. The lots in the Eagan Hills Planned Development were allowed to deviate from the standard 12,000 square foot minimum lot size and 85 foot lot width for single family lots. According to the Meadowland Addition grading plan, the subject lot slopes seven feet to the northeast and suggests that the garage be placed on the south side of the home. Also, there is an elevated 10 x 10 foot deck attached to the north side of the dwelling unit. According to the applicant, the deck was part of the original building permit but it is not indicated in the original application or site survey. It appears the existing deck was built without a building permit. $VALUATION OF REQUEST The applicant is proposing to replace the current deck with a 12 x 16 foot elevated three season porch and attached 12 x 11 open deck. Since the proposed, porch will be enclosed, it must meet the required ten foot side -yard setback. The survey on file with the City for this parcel shows the dwelling unit is currently twenty feet from the side -yard property line and the proposed porch could be constructed without a variance request. According to the applicant however, he believes that the original survey is incorrect and the home was built two feet closer to the north side property line than indicated on the surveyor's certificate. The proposed porch now requires a variance to the required ten foot side -yard setback. Modifying the proposed three season porch by reducing the width from twelve feet to ten feet would allow the footings to be placed at the correct setback distance and -would eliminate the need for this variance. HARDSHIP According to the applicant, the hardship is that the grade of the lot required the existing dwelling unit to be located two feet closer to the north property line than indicated on the original survey to allow for basement storm windows on all sides of the home. Also, because the subject lot is located in a Planned Development that allowed for deviations in standard single family lot size and width, the applicant states that the smaller lot size and width constitutes a hardship because the home was situated lengthwise along the side property line so that the only location for a deck or porch is on the north side of the dwelling unit. SUMMARY The applicant is requesting a 1.5 foot variance to the required ten foot side -yard setback for a three season porch on Lot 14, Block 3, Meadowland 1st Addition. If the proposed 12 x 16 foot porch dimension was reduced to a ten foot width (10 x 16) the porch could be constructed without a variance. The applicant believes that the grade of the lot and the 75 foot lot width has limited the useable side -yard area of the subject lot. The variance would result in a total encroachment of the deck footings of 1.5 feet into the setback area with an allowable overhang of no more than thirty inches. ACTION TO CONSIDER To approve /deny a 1.5 foot variance to the required ten foot side -yard setback for Lot 14, Block 3, Meadowland 1st Addition. DITRW000 maw ilia 43 DOW PARK , . "1.1. AR NANCY PIN OAK CLIFF LAKE CO. R0. 32 OA 11" WAY cc 6t I PLA1� KETTL P . CR PAR RIDCECLFF' PARK tr Wei PT. 13.— sAw1 PT. 1- AIM Pl. 1.1..— am:.510W PT. i- LV1{I P1. N.— IMNIA6 P1. 4.- PI. 1>- IIIAV JI* P1. et ♦- .I. Pi. 1�.- YNLL P1. w — a: 01. N.- IMIA Pl. Lrl Tr 1I4u 1. P1. IL^ I�+TA Pl. � - romp, PT. IV.- IUI1CM PT. R- P1. 2Y.- IIAVLMN ►1, f 11►— 1 IMY P1, 21, ILIA P1. 11.- 11 PT. LOCATION c, , 4:) • ` / / . SUBJECT DWELLING MI it 1 l UNIT lisi ` — \ 11 1": NL ii ,1 rtra 1 il —4.1, , -N NN . . I, ,...„.... \ \ 1, p- I -, ,. „...... �. >> a \l 1--r--16:_,,,--'r'' ii 1 j 1, � ,i_____ \ ` Iii 1 . 1 it ii. .Ly_,), , itt ■ i � 1111 I .: , 1 li _ _ _ ........................... _ ....._ ______...2.11 o_._ ...._/_ ......... _,._._ ____ .74;1 iz ... -- __ -.....f.. _ \.--__. 7.... -...,;-.......=t-r. 7_ -_-.-_-_-,4= / ‘ - \ I • \ ........... ` TN 673 r FS7i • • .:••••:-: • •::::::;-.P.tigaltiznan.5bt.. r-S cwo ' ts2 cao 0 w a. ci) a. 0 ccz LU z o_ cr cc 0 Agenda Information Memo November 21, 1995 A. PROJECT 6668. WATERVIEW ADDITION ACTION TO BE CONSIDERED: To approve or modify the final assessment roll for Project 666R, Waterview Addition/Dodd Road (Watermain) FACTS: • On November 6, a public hearing was held for the presentation of the proposed final assessment roll for Project 666R. At that meeting, several property owners along Dodd Road submitted a collective written objection. • The City Council closed the public hearing and referred the final assessment roll and objections to the Public Works Committee for review in relationship to Project 635 (Lakeview Addition/Dodd Road - Watermain) and the resultant District Court determination regarding the previous project's assessment appeal. • On November 14, the Public Works Committee met, reviewed all related information and made a recommendation for consideration by the City Council to modify the final assessment roll assessing only 30% of the proposed assessment and postponing the remaining obligation until the time of connection. ATTACHMENTS: • Meeting minutes, pages GC, through (s . • Public Works Committee packet background information, under separate cover to Council only. • Original assessment roll, page L. q . • Modified assessment roll, page 10 . • Connection Fee Analysis memo, pages 7/ and 7 Z PUBLIC WORKS COMMITTEE MEETING NOVEMBER 14,1995 MINUTES The Public Works Committee meeting convened at 4:10 p.m. Present were Chair Ted Wachter; Councilmember Shawn Hunter, Tim Sheldon, City Attorney, and City : i embers Tom Colbert, Director of Public Works; Mike Foertsch, Assistant City Engineer, and • ' . e Erhart, Superintendent of Streets/Equipment. TRAPP POINTE - REVIEW DEDICATION AS PUBLIC RI Mr. Dale Huber, Consultant - JB ► Companies, was in attendan -0E-WAY Mr. Colbert pointed out that Arnie hart, Superintendent o treets, evaluated Trapp Pointe from three. perspectives: 1. The structural integrity of th 2. Operational impact from 3. Boulevard/Right -of -Way, i.e. streets - does operations e there In regard to item No. 1, Mr. Erhart repo glance of the street, it looked in fairly good s cracks were crack sealed but the top surfa Arnie then distributed pictures to better point o approximately 80% of the surface of the street The problem with that type of seal is that th well to that type of material. He was also finer aggregate and asphalt binder is mis Braun Testing performed 2 core sampl limestone which is very similar to o industrial area and used by heavy v similar to Trapp Road and the re Mr. Wachter questioned if the mill and a 2" overlay would be section. meet our design standards. .e. snow plowing, sanding, etc. obstructions within the right -of -way. rapp Pointe was constructed in 1987. At first After further evaluation, it looked as though the f the road had rather large aggregate protruding. the condition of the street. Arnie determined that been coated with either a coal tar or a slurry seal. of emulsion sealcoat the City uses will not adhere d that the protruding aggregate signifies that the — 31/2" an 7 -ton desi Iles, the str f the Eagandale UP deep of bituminous and 6" - 7" of crushed residential street. He feels that if this is in an hould be brought up to a 9 or 10 ton design, dustrial area would require a 2 overlay. Mr. Colbert recommended a light cleat due to the fact this area is not a high - speed, high volume Arnie then brought up the issue regarding drainage. The ght part of the cul-de -sac now drains toward Trapp Road, however, the cul-de -sac itself drains . - st into the parking lot. He inquired if a drainage easement would be needed. Tun Sheldon determined that a general drainage easement would be required over the parking lot. 1 inG Arnie then went on to the operational aspect of this cul-de -sac. The street ent is 36' wide with a 47 radius. There should be no problem with City plows ent are two other cul-de-sacs in this area - Center Court and Eagandale Court - w code standards as far as landscaping, str lighting, etc., are concerned. Mr. Huber inquired about the streetlights Mr. Hunter inquired as to what was inadeq Trapp Road are fiberglass poles; this particul T behind the curb where the City's standard is took over the maintenance of this street, wo streetlights which are now maintained by NSP. maintained by NSP. e's report stated that the to about the lighting. pole is metal. An behind curb. we also have achter feels There was discussion regarding transplanting of th with Gregg Hove, Supervisor of Forestry, who feels feels that the trees are far enough back from the It was recommended that the City accept the transf to 3 conditions: g the cul- de-sac g the area. There meet our Industrial eetlighting was inadequate. e stated that the poles on er issue is that the pole is only . Wachter questioned if the City take over the maintenance of the the lamps should be replaced and er behind the curb. Mr. Erhart spoke e trees can be safely moved. Mr. Hunter '). Wachter concurred. Trapp Point to public rigtht -of -way subject 1. Nonconforming streetlights be.repla and rel 2. The structural surface be brought up o a 9 -ton 3. A drainage easement be dedicated the City. ated to City standards. dard with a light mill and overlay. Mr. Sheldon inquired as to if the City has egal description or Trapp Pointe. The City has no legal description. Mr. Sheldon stated that the ity needed the app priate right -of -way dedicated as well.. The existing 2 private street lights can , replaced with one on ' e cul-de -sac per City standards with all costs borne by the developer. After it was determined that these recommendations would go t • ouncil at their next meeting, Mr. Huber had a concern that without the information regarding the co of the overlay he could not agree to these recommendations. Colbert stated that the Council could adopt these recommendations, with the understanding that these are the conditions and that Mr. Huber would have to respond to it and when, he wants to proceed. PROJECT 666R, DODD ROAD WATERMAIN - REVIEW FINAL ASSESSMENT ROLL Residents in attendance at this meeting were as follows: 1. Doug Johnson, 4775, Dodd Road 2. Doug Hoppe, 4755 Dodd Road 3. Mike Hayes, 4760 Dodd Road 4. Charles Morgan, 4785 Dodd Road Mr. Colbert introduced the item and explained that the final assessment roll for this improvement was presented to the City Council on October 17,1995. Due to the fact that a petition was received from several property owners objecting to the assessments, the Council did not adopt this roll and referred this item to the Public Works Committee for review in consideration with Project 635, which provided for watermain along the north portion of Dodd Road in 1993. Trunk area assessments were deferred when the Council ordered in Project 666R, but proposed to levy the lateral benefit from this trunk utility per City Assessment Policy. Assessment options were provided for the Committee's reference and additional background information was provided in a memo dated February 21, 1995, dealing with the results of the assessments for Project 635, the appeal and subsequent court findings. Mr. Colbert made mention at that time that the Blissenbacks had submitted a letter stating that they could not attend the meeting but reiterated the fact that they objected to the assessments and expected similar principals of the assessment to be followed the same as the northern project. There was discussion regarding trunk and lateral benefits, connection charges, and the City's fee schedule. Colbert explained that the City levies assessments when an improvement is installed and there is an immediate service to the adjacent property. It is not necessary for the resident to hook up to the improvement at that time if they have a functional well, however, if the well goes bad, the property owner will be required to hook up to the City's system. At that time, a connection charge is levied at the rates in effect at that time. Mr. Colbert went on to state that the Court found, with Project 635, that there was some immediate benefit to the property owners prior to connection. Mr. Sheldon went on to say that the original assessment, however, was reduced an estimated amount that it cost to install private service lines. There was discussion by the Committee that 30% of the assessment should be levied with postponement of the remainder until connection, at the rates in effect at that time. There was also discussion from the residents regarding clarification of assessing 30% of the assessment now, the connection fee, the repair of existing wells, the system being readily accessible, etc. Mr. Hunter recommended that a fact sheet be prepared clarifying connection fees, formulas, etc. It was, therefore, the RECOMMENDATION of the Committee that 30% of the assessment should be levied, with postponement of the remainder until connection, with the rates in effect at that time. This will be forwarded to the City Council at the November 21, 1995, City Council meeting. 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COLBERT, DIRECTOR OF PUBLIC WORKS DATE: NOVEMBER 17, 1995 SUBJECT: WATER CONNECTION FEES On November 14, the Public Works Committee reviewed the proposed final assessment roll for Project 666R, Waterview Addition/Dodd Road (Watermain). As a part of that discussion, staff was requested to prepare a typical/sample calculation of what water connection fees would be expected when one of the parcels was to connect to the system at a later date. This memo will attempt to describe the various costs associated with this subsequent connection. There are three parts to a water connection fee. The first part is collected with every permit irregardless of past assessments. All rates quoted are 1995 unless otherwise noted. PERMIT FEE ITEM AMOUNT Water Availability Charge (Supply and Storage) $750.00 Water Meter $115.00 Treatment Plant Surcharge $372.00 New Account Deposit $15.00 Permit Inspection Fee and State Surcharge $50.50 Subtotal $1,302.50 7 LATERAL BENEFIT CONNECTION CHARGE The second part of the connection fee is based on an analysis of previous contribution towards the construction of the water lateral that they propose to make a direct connection to. In the situation of Project 666R, the lateral benefit from the trunk water main standard rate for 1994 is $16.50/ f. If a property were to connect during 1995, the predetermined rate of $19.50/ff would apply. With research indicating that 30% of the project's proposed rate was assessed, 70% of the current rate would be levied. Original Proposed Roll 200 front feet at $16.501ff = $3,300.00 Recommended Modified Roll 200 front feet at $16.50fff at 30% = $990.00 200 front feet at $19.50/ f at 70% = $2,730.00 Subtotal: $3,720.00 TRUNK AREA CONNECTION CHARGE The third part of the connection fee pertains to the oversizing of the water mains throughout the community to insure uniform pressure and supply at all locations within every service district. The 1995 Fee Schedule for trunk area oversizing is equal to $1,740.00lacre or $835.00 /Lot (for existing homes on unplatted property or pre - existing platted property.) In the case of Project 666R (Dodd Road), the $835.00 /Lot fee would be used. lithe property were to subsequently be sub - divided at a later date after the existing structure was connected, an additional trunk area oversizing connection fee would be collected as a condition of the subdivision agreement based on the per acre rate in effect at that time on the net assessable area, excluding the area of the lot already connected to the City system. . SUMMARY All of the rates used in each of the three parts to the connection fee have a potential of changing annually when the City Council reviews and adopts this annual Fee Schedule. In addition to the fees charged by the City, the homeowner must pay for the cost to bring the water service into the house and any intemal plumbing modifications required to switch from a private well to the City's water system. If further clarification would help to explain the fees and methods, I would be happy to do so verbally or with a subsequent report. Respectively submitted. Thomas A. Colbert, Director of Public Works TAC /cb Tan7lAS.wWaom.eb ?a 9111VAIPT , ATfa d : NATtf5 csiffRnfgf '1 PUBLIC WORKS COMMITTEE MEETING NOVEMBER 14,1995 MINUTES The Public Works Committee meeting convened at 4:10 p.m. Present were Chair Ted Wachter, Councilmember Shawn Hunter, Tim Sheldon, City Attorney; and City staff members Tom Colbert, Director of Public Works; Mike Foertsch, Assistant City Engineer, and Arnie Erhart, Superintendent of Streets/Equipment. " TRAPP POINTE - REVIEW DEDICATION AS PUBLIC RIGHT-OF-WAY Mr. Dale Huber, Consultant - JBL Companies, was in attendance. Mr. Colbert pointed out that Arnie Erhart, Superintendent of Streets, evaluated Trapp Pointe from three perspectives: 1. The structural integrity of the streets - does it meet our design standards. 2. Operational impact from traffic operations, i.e. snow plowing, sanding, etc. 3. Boulevard/Right -of -Way, i.e. are there any obstructions within the right -of -way. In regard to item No. 1, Mr. Erhart reported that Trapp Pointe was constructed in 1987. At first glance ofthe street, it looked in fairly good shape. After further evaluation, it looked as though the cracks were crack sealed but the top surface of the road had rather large aggregate protruding. Arnie then distn'buted pictures to better point out the condition of the street. Arnie determined that approximately 80% ofthe surface of the street had been coated with either a coal tar or a slurry seal. The problem with that type of seal is that the type of emulsion sealcoat the City uses will not adhere well to that type of material. He was also concerned that the protruding aggregate signifies that the finer aggregate and asphalt binder is missing.. Braun Testing performed 2 core samples — 3V2" and 31/2" deep of bituminous and 6" - 7" of crushed limestone which is very similar to our 7 -ton design residential street. He feels that if this is in an industrial area and used by heavy vehicles, the street should be brought up to a 9 or 10 ton design, similar to Trapp Road and the rest of the Eagandale Industrial area. Mr. Wachter questioned if the street would require a 2" overlay. Mr. Colbert recommended a light mill and a 2" overlay would be sufficient due to the fact that this area is not a high - speed, high volume section. Arnie then brought up the issue regarding drainage. The straight part of the cul-de -sac now drains toward Trapp Road, however, the cul- de-sac itself drains west into the parking lot. He inquired if a drainage easement would be needed. Tim Sheldon determined that a general drainage easement would be required over the parking lot. 1 l� Arnie then went on to the operational aspect of this cul -de- sac. The street entering the cul- de-sac is 36' wide with a 47' radius. There should be no problem with City plows entering the area. There are two other cul-de-sacs in this area - Center Court and Findale Court - which meet our Industrial code standards as far as landscaping, streetlighting, etc., are concerned. Mr. Huber inquired about the streetlights. Annie's report stated that the streetlighting was inadequate. Mr. Hunter inquired as to what was inadequate about the lighting. Arnie stated that the poles on Trapp Road are fiberglass poles; this particular pole is metal. Another issue is that the pole is only 2' behind the curb where the City's standard is 4' behind curb. Mr. Wachter questioned if the City took over the maintenance of this street, would we also have to take over the maintenance of the streetlights which are now maintained by NSP. Wachter feels that the lamps should be replaced and maintained by NSP. There was discussion regarding transplanting of the trees further behind the curb. Mr. Erhart spoke with Gregg Hove, Supervisor of Forestry, who feels that the trees can be safely moved. Mr. Hunter feels that the trees are far enough back from the curb (7'). Wachter concurred. It was recommended that the City accept the transfer of Trapp Point to public rigtht -of -way subject to 3 conditions: 1. Nonconforming streetlights be replaced and relocated to City standards. 2. The structural surface be brought up to a 9 -ton standard with a light mill and overlay. 3. A drainage easement be dedicated to the City. Mr. Sheldon inquired as to if the City has a legal description for Trapp Pointe. The City has no legal description. Mr. Sheldon stated that the City needed the appropriate right -of -way dedicated as well.. The existing 2 private street lights can be replaced with one on the cul-de-sac per City standards with . all costs borne by the developer. After it was determined that these recommendations would go to Council at their next meeting, Mr. Huber had a concern that without the information regarding the cost of the overlay he could not agree to these recommendations. Colbert stated that the Council could adopt these recommendations, with the understanding that these are the conditions and that Mr. Huber would have to respond to if, and when, he wants to proceed. PROJECT 666R, DODD ROAD Residents in attendance at this meeting - REVIEW FINAL ASSESSMENT ROLL follows: 1. Doug Johnson, 4775, Dodd Ro 2. Doug Hoppe, 4755 Dodd Roa 3. Mike Hayes, 4760 Dodd Ro 4. Charles Morgan, 4785 Dodd Road Agenda Information Memo November 21, 1995 Eagan City Council Meeting C. RECONSIDERATION OF FINANCIAL ASSISTANCE - REGISTER RESALE ACTION TO BE CONSIDERED: To approve or deny reconsideration of financial assistance for Register Resale Corporation. FACTS: ► The City Council considered this item at its meeting of November 6, 1995 and determined by a vote of 3/2 to deny this request. • Register Resale Corporation is requesting reconsideration by the City Council of the financial assistance program because of new information believed pertinent to the issue. First, the St. Paul Port Authority has clarified further the City's guarantee would only be drawn after the lender first liquidates the collateral (the building). Second, the lending institution, Eastern Heights Bank, will provide the City a letter of credit to secure 50% ($67,500) of the guarantee required by the City. It is anticipated that this letter of credit would be available at its full value for the entire five year period of the City's guarantee. Third, Mike Dougherty reports that some of the issues he had previously raised regarding the structure of the loan documents can be satisfactorily resolved if the City Council decides to provide the five year loan guarantee, but he will still need to review the final loan documents and this review should be a condition if the City Council approves the financing. ► The City's Economic Development Commission meets on November 30, 1995 if the Council desires to request their review and recommendation on this financial assistance. The City Council would then consider this project at its meeting of December 5, 1995. BACKGROUND /ATTACHMENTS (3) Letter of 11/13/95 from David Stokes, St. Paul Port Authori Letter of 11/14/95 from Eastern Heights State Bank, a e Memo from City Attorney, Mike Dougherty, page . 1•r i 1- ages 77through 2 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 November 13, 1995 Mr. Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: RECONSIDERATION OF THE REGISTER RESALE PROJECT Dear Mr. Hedges: I want to thank you, Peggy Reichert, and Eagan's City Council Members for your review of the Saint Paul Port Authority's Business Development Financing (BDF) Program and the Register Resale project in particular. Based on input from your staff and the discussion by City Council Members at its November 6th meeting, the Port Authority has revised its Guarantee Agreement between the Port Authority and the City of Eagan. The revisions to the Guarantee Agreement now specify that the guarantee would only be drawn on after all rights under the loan documents have been exercised. Greg Drehmel provided the revised language to Peggy Reichert last week. With these changes in the Guarantee Agreement. the Port Authority is requesting that the City of Eagan reconsider its involvement with the Register Resale project. This revised language means that the guarantee would be exercised only after the lender liquidates the collateral, if the liquidation value is less than the outstanding debt and the default occurs within the first five years of the loan. The collateral in this case includes the bank's first mortgage on the real estate project and also the personal guarantees of the principal. Keep in mind that these liquidation issues on the real estate and the personal guarantees is only of concern to the City of Eagan for the first five years of this transaction. Once Eagan's guarantee expires after five years, the Port Authority will be relying on the same collateral for an additional ten years. One point brought up at the City Council meeting was that the City Attorney had not yet reviewed the loan agreements. This is because the Loan documents have not yet been drafted but will be drafted as soon as the loan is approved by all parties. After approval of the loan, we will be sure to provide to you draft documents as soon as they are available as well as the final documents. We agree with your City Attorney that the best way to addr ss this issue is to require as part of the loan approval by the City of Eagan that the documents must meet the approval of Eagan's City attorney. 77 Mr. Tom Hedges November 13, 1995 Page 2 One issue a Council Member asked for more information on was the estimated taxes that would be generated from the Register Resale Project.. To follow -up on that, we contacted the Dakota County Assessor. Based on the construction costs of $1,500,000 for an industrial building of 40,000 Sq. Ft., the assessor estimated that the property taxes on this project would be approximately $84,000 per year. Even under a scenario where a project were to default, the property would still continue to pay property taxes on the improved real estate. I want to take a moment to mention that the Saint Paul Port Authority has gone through many changes over the last six years in an effort to get back to its roots of performing high quality industrial development activities. In that process, we have completely revised our loan review process and credit requirements of borrowers, and focused our energies on meeting the needs of industrial companies. We have also changed to become more collaborative with all of our partners in economic development, including banks and Metro East communities. We believe that these changes have led to significant improvement in our loan processes and lending products. That is one of the reasons the Port Authority introduced its BDF Program. The BDF Program allows the Port Authority to work with smaller industrial 'companies than it was able to in previous years when the Port Authority relied strictly on industrial revenue bonds for larger projects. I would look forward to the opportunity to meet with you, your staff, or your elected officials to discuss with you more about the "new " Port Authority. Thank you again for your consideration of the Port Authority's BDF Program and the Register Resale Project. We believe that the BDF Program can be a strong economic development tool and that Register Resale is a good financial fit with • the Program as well as an asset to. Eagan. If you have any questions or there is any additional information you would like me to provide, please do not hesitate to give me a call. Sincerely, David M. Stokes Vice President DMS:sjs cc: Peggy Reichert Lorrie Louder Greg Drehmel hedges NOV -14 -95 TUE 06 :42 PIS 6122235198 FAX NO. 6122235198 P. 02 11/14/95 18:25 EASTERN HEIGHTS 4 9? ?15198 NO.012 P002 Eastern Heights Rank Eastern Heights Bank A S.b:idler, n /.•M Mr. Gregory Dreimtel Vice President Port Authority of the City of St. Paul 1900 Landmark Towers 345 Si Peter Street St. Paul, Minnesota 55102 RE: R2 Investment Building Loan Dear Mr. Drehtnel; McKnight Office 670 McKnight Road North Ss. Paul. MN 5510-4140 612 736 9900 Telcptw!J Pursuant to my discussions with Dave Hoeffel of R2 Investment and yourself, Eastern Heights Bank would consider providing a Letter of Credit to secure up to $67,500.00 of the guaranty required by the Port Authority from the City of Eagan. The Letter of Credit could be drawn upon in the case there were insufficient funds available to pay off the proposed loan from the collateral and personal guarantees of the partners, in the event of a forced liquidation. The terms under which a Letter of Credit would be issued have yet to be determined. Please advise if a Letter of Credit should be considered to improve the viability of continuing to pursue financing through the Port Authority If you have any questions, please give me a call. 4./.41‘ Dennis C. Falkum Business Banking Manager 612 681 4612 11 -16 -95 04:48PM FROM CITY OF EAGAN TO MAINTENANCE PO02/002 SENT $Y: 11 -16 -95 ; 2:15PM ; SEVERSON SIELDON-' 612 681 4 12;# 2 MEMORANDUM TO: Peggy A'. Reichert, Community Dcvelopmeut Director FROM • MichaelG. Dougherty, City Attorney DATE: NovembIcr 16, 1995 RE: City of #iagan and St. Paul Port Authority Joint Powers Agreement and Guaranty Our Filer No. 206.13576 I reviewed the revised!Guaranty Agreement that was forward from the St. Paul Port Authority. The only changes to the Areement are in Sections 4 and 5. no additional language in Section 4 clarifies that the City's obligation under the Guaranty will be higgered only aflcr all'. rights under the loan documents have been exercised, namely aft 4 the collateral (the building and personal guarantees) have been liquidated. The new provision La Section 51ailows the City to enter into a private reimbursement or guaranty agreement with the borrower. However, tleis secondary agreement is subordinated to the loan document with Eastern Heights Bank. We still need to review the loan documents to make certain that there will be no modification of the loan during the guaranty period. In our recent conversation with Grp Orehinel of the Port Authority, he indicated that there would be no modification withou the City's prior written approval. As such, the Guaranty and Loan documents will need be drafted accordingly. in addition, we should receive written verification from Eastern Heights Bank (which Confirms Greg Drebmel's oral statement) that it will provide a guaranty to the City Or $67,500.00. Mr. Drehmel has indicated that a letter of credit would be posted to secure one -half of City's original exposure. It is our understanding that the letter would not be reduced un the City's guaranty is released. We would need to review the letter of Credit to assure accuracy of the oral commitment. In shoat, the revised duaranty reflects eertain conversations we have had with the Port Authority, but does not remove the concerns that we raised in our previous memo and Council resolution should include a provision that all documents should meet the approval of our office. RBB /wkt • 2 32 3760 1 to c 1 11 -16 -95 03:2 PH Po 2 #09 Agenda Information Memo November 21, 1995 D. TEMPORARY ON STREET PARKENG REQUEST - THOMAS LK SCHOOL/RD ACTION TO BE CONSIDERED: To approve/deny a waiver of fee request by Thomas Lake School for temporary on -street parking of Thomas Lake Road. FACTS: • On September 20, the City Council directed the installation of "No Parking This Side" signs to be installed along the west side of Thomas Lake Road from Auburn Court to the Highline Trail (opposite Thomas Lake School). • On November 6, the City Council considered a request from the Thomas Lake Elementary School to temporarily cover the parking restriction signs on November 22. • The City Council, in considering this request, established a policy allowing City staff to respond to similar requests with two conditions: 1. All such requests be limited to 6 times per year. • 2. The request would require a permit application fee of $50. • Thomas Lake School is now requesting a waiver to this permit fee. ATTACHMENTS: • Staff letter forwarding the application form, pages 3 and ir . • Applicant waiver request, page V Y04 NOVEMBER 8, 1995 MR. JAMES LeVASSEUR INDEPENDENT SCHOOL DISTRICT #196 4350 THOMAS LAKE ROAD EAGAN, MN 55122 Dear Mr. LeVasseur: This letter is in response to your request to cover the "No Parking" signs on Thomas Lake Road for the day of November 22, 1995. At the November 6, 1995, City Council meeting, a new City Policy was adopted which regulates the covering or bagging of parking restriction signs on a temporary basis. The City Council established a $50.00 fee to cover the cost of bagging the signs and limited the number of events to six (6) per year. I am enclosing an application form to be filled out and returned to me with the $50.00 fee. Thank you for your cooperation on this matter. If you have any questions, please call me at 681 -4300. Sincerely, Arnie Erhart, Superintendent of Streets and Equipment AE /pjm enc. I :t2pmlLevasseun3I2 APPLICATION FOR TEMPORARY COVERING OF PARKING RESTRICTION SIGNS Name of Street: Side of Street: North South East West Date of Covering: Time: From to Number of signs to be covered: Name: Application form must be signed and completed by a resident affected Signature: by and responsible for the sign covering a minimum of 5 working Address: days prior to the requested date to allow notification of various departments. A total of six applications for sign covering are Home Phone: permitted per year. The fee to cover signs and the removal of co vers is Work Phone: $50.00 per application. Date: RETURN TO: City of Eagan Maintenance Facility Street Maintenance 3501 Coachmain Point Eagan, MN 55122 The covering of Parking Restriction signs can only be performed by City personnel. STAFF ONLY: Date of Covering: Date of Removal: $ Amount received by (Staff Person) Distribution: Police Department Fire Department LI1pm1Signs.311 11/08/95 THOMAS LAKE ELEMENTARY 4350 THOMAS LAKE ROAD EAGAN, MN 55122 612 - 683 -6890 November 13, 1995 Mr. Thomas .A. Colbert Public Works Director Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 -1897 Dear Mr. Colbert: NAMES E. LEVASSEUR, PRINCIPAL'' I received a letter from Arnie Erhart, Superintendent of Streets and Equipment on Friday, November 10, 1995. This letter was in response to my request to cover the No Parking signs on Thomas Lake Road on November 22, 1995. As I explained in my request, this is our "Grandparents' Day" and we expect approximately 200 grandparents to be in attendance from 9 :30 -1:30 p.m. This amount of additional vehicles puts a tremendous strain on our parking lot, so therefore we must use the street. Much to my dismay and dissatisfaction I received an application form (which I can. understand), but was also informed that there would be a $50 fee for this service.. It's hard for me to believe that with the past spirit of cooperation that has existed between the City of Eagan and the school district, we will be charged for this service. This letter is to voice my displeasure of this particular fee under these circumstances (Grandparents' Day) and to request that it be waived in this instance. Sincerely, amen E. LeVasseur xc: Joel Sutter Arnie Erhart INDEPENDENT SCHOOL DISTRICT 196 SERVING APPLE VALLEY, BURNSVILLE, COATES EAGAN, INVER GROVE HEIGHTS, LAKEVILLE, ROSEMOUNT, AND EMp.{& ft 4' VERMILLION TOWNSHIPS Agenda Information Memo November 21, 1995 Eagan City Council Meeting . A. PRELIMINARY PLANNED DEVELOPMENT AMENDMENT ANn PRELIMINARY SUBDIVISION (PARK CENTER SIXTH ADDITION) ACTION TO BE CONSIDERED: ► To approve or deny a Preliminary Planned Development Amendment consisting of an 18,000 sq. ft. Pet Food Warehouse, two future buildings - 17,463 square feet and 37,300 square feet, and 401 total parking spaces on 8.3 acres identified as Outlot D, Park Center Addition, subject to the 10 conditions recommended by the Advisory Planning Commission at its meeting of October 24, 1995. ► To approve or deny the Preliminary Subdivision for Park Center Sixth Addition consisting of one lot on 2.0 acres subject to the nine conditions recommended by the Advisory Planning Commission at its meeting of October 24, 1995. FACTS: ► At the Advisory Planning Commission meeting on October 24, 1995 the developer revised their plans to reduce the size of Pet Food Warehouse from 18,747 square feet to 18,000 square feet. The rear of the building will be shifted forward, resulting in a greater rear setback, a lower retaining wall, and less site disturbance in the rear. ► The Preliminary Planned Development Amendment for Outlot D, Park Center Addition, will include: three retail building consisting of 17,463 square feet, 37,300 square feet, and 18,000 square feet; 401 parking spaces; landscaping; signage; lighting; and building materials as shown on the plans submitted. ► The developer is proposing a two-phase development. Phase One will include an 18,000 square foot Pet Food Warehouse and 98 parking spaces of which 50 will be on site. A ' parking easement is proposed for Outlot D south of the proposed 2 -acre lot to allow for 48 additional spaces. The 98 parking spaces are consistent with the parking requirements for the 18,000 square foot building. Phase Two will include the 17,463 square foot retail building, the 37,300 square foot retail building and the remainder of the required parking. Specific tenants have not been identified for these two buildings. ► The Preliminary Subdivision for Park Center Sixth Addition consists of one lot on 2.0 acres. The proposed 18,000 square foot Pet Food Warehouse building will be located on this parcel. ► The Advisory Planning Commission conducted a public hearing on this proposed Preliminary Planned Development Amendment and Preliminary Subdivision at its regular meeting on October 24, 1995 Q6 ► The Advisory Planning Commission recommends approval of the Preliminary Planned Development Amendment for Park Center subject to the following: • The nine conditions outlined in the staff report. • A tenth condition stating that the buildings will be of unified architecture and attached as shown on the site plan and building elevation drawings dated September 20, 1995. ► The Commission recommends approval of the Preliminary Subdivision for Park Center Sixth Addition :subject to the nine conditions in the staff report. ISSUES: ► This Planned Development has been amended four times. The original P.D. approval called for a 4,500 square foot Class I restaurant, an 86,800 square foot retail strip center, a 6,000 square foot retail building, and 'a bank. Previous amendments have resulted in the approval of Taco Bell, Blockbuster Video, Boston Chicken restaurant, and a TCF Bank. ► This amendment will result in the elimination of the sit -down restaurant element of the Planned Development and the preliminary approval of three retail buildings totaling 73,510 square feet. ► The Advisory Planning Commission had concerns about the incremental development of this Planned Development. There is no assurance that the next phase after Pet Food Warehouse will 'be developed, in fact, as now proposed. There may be no market for additional big box retailers in an attached building configuration. Mr. Colon indicated that the City would have the option to not approve any future phase that is not consistent with this plan as now proposed. A different approach for the Council to consider would be to have the Pet Food Warehouse platted and developed as a free - standing building with adequate setbacks and parking. Then, if and when additional buildings are proposed, Pet Food Warehouse could, be replatted at a zero lot line attached building with shared parking easements. This approach would require revising the lot configuration of the Preliminary Subdivision. ► A pylon sign is shown at the SW corner of Outlot D at the intersection of Park Center Drive and Cliff Road. The proposed location is not consistent with the Pylon Sign Agreement which provides for a pylon sign to be located along Cliff Road, on Outlot D, 153 feet from Taco Bell and 230 feet from the intersection of Park Center Drive and Cliff Road. The Advisory Planning Commission is recommending that any pylon signs meet the standard City Code requirements. BACKGROUND /ATTACHMENTS: (2) APC minutes of October 24, 1995, pa es Staff report, pages 4,5through/f throughqa 7'7 Page 12 October 24, 1995 ADVISORY PLANNING COMMISSION PRELIMINARY PLANNED DEVELOPMENT AMENDMENT & PRELMNARY SUBDIVISION - PET FOOD WAREHOUSE Chairman Miller opened the next public hearing of the evening regarding a Preliminary Planned Development Amendment to allow an 18,210 square foot retail building, a 37,300 square foot retail building, and a 18,747 square foot retail building (Pet Food Warehouse) on Outlot D, Park Center Addition, and a Preliminary Subdivision (Park Center Sixth Addition) consisting of one lot on 2.04 acres on property currently platted as Outlot D, Park Center Addition, . located at the northwest intersection of Cliff Lake Road and Cliff Road in the SE1/4 of Section 30. Senior Planner Ridley outlined the history of the planned development of that site and the amendments throughout the years. 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. Martin Colon was present and appeared on behalf of the applicant, Pet Food Warehouse. Mr. Colon stated that the proposed square footage, 18,747, has been reduced to 18,000 square feet due to the internal layout. Mr. Colon stated that as a result, the back of the building will be simply reduced by six feet. Mr. Colon also stated that the reduction in the square footage of the building, therefore, results in four .less needed parking spaces. Mr. Colon further stated that the applicant agrees with all the conditions in the report. Mr. Colon further stated- that the proposed amendment from a Class I restaurant to a retail building is a result of the lack of market for a Class I restaurant in the area. Mr. Colon stated that they attempted to seek a restaurant user but at the same time Class I restaurants were going in at Town Centre and in the Opus development. Member Isberg noted that as a condition of the approval for Taco Bell, a. sit -down restaurant was required on the proposed site. Member Isberg further stated that the proposal presents too much unknown retail. Mr. Colon stated that he does not want to lose a proposed Class I restaurant for the site which was in fact a condition . of approval for the previous amendment to the Taco Bell site, but there is no market for a Class I restaurant in this area. He stated that the proposal is less desirable than what was originally planned for the area. Chairman Miller added that the idea for the area was to have a cohesive factor characteristic to pull the whole development together. He stated that the development has been piece meal and there is no anchor to the area or a use which ties all the uses together. Chairman Miller further stated that the plan was originally to provide a campus - like look to the site and that as time passes, the campus -look is. fading. Chairman Miller further stated that he disapproves of the market or the tenant dictating the planning or design of a development. He stated that it is possible to have a development that is tenant ?,Y Page 13 October 24, 1995 ADVISORY PLANNING COMMISSION driven with good planning, but what is happening is that the development of the site is simply becoming tenant driven and not with an eye to good planning Chairman Miller adamantly expressed his fear that with this amendment, the applicant will come back again for another amendment to that which is proposed on this item. Mr. Colon stated that the layout of the present proposal is significantly the same as what was originally proposed as a planned development. Mr. Colon stated that the amendments have improved the planned development, not denigrated it. Mr. Colon further stated that the siding of the Pet Food Warehouse building will be of brick to match the rest of the building if no user for the adjacent units are determined by the time of the Pet Food Warehouse building construction. Member Isberg stated that he does not mind flexibility in planned developments to reflect the market forces, but he stated that he feared that in a year or so, the applicant will be back, say that the proposed use does not work and will want another amendment. Member Isberg also stated that he opposes the proposal because it is not consistent with the original plan. Member Isberg expressed his concern that it is constantly changing and that the approved uses are constantly being removed. He further stated that the proposed parking lot is indicative of a too intense and too intrusive use for the site. Member Isberg further stated that his major concern is the applicant is forever requesting amendments to plans that were amended previously from a different plan. He further stated that Taco Bell was granted as an amendment because the applicant told the City that a Class I restaurant would be part of the development. Member Carlson stated that she likes the concept of the three retail uses being attached and have the same exterior cosmetics. She suggested that a condition be added that the retail uses be attached to each other and have same exterior cosmetics. She also stated that she has no concern with a change to size or number of uses in the area in the future, but wants to assure that the building uses are cohesive and similar in appearance. Member Wallace moved, Member Carlson seconded, a motion to recommend approval of a Preliminary Planned Development Amendment to allow an 18,210 square foot retail building, a :37,300 square foot retail building, and a 18,000 square foot retail - building (Pet Food Warehouse) on Outlot D, Park Center Addition, subject to the following conditions: Amended PD Agreement/Preliminary Plans 1. The developer shall execute an amendment to the existing Planned Development Agreement to incorporate the revised layout and terms. The Amended Planned Development shall expire in 5 years from the date of Council approval. 2. The Preliminary Planned Development shall be for an 18,000 square foot Pet Food Warehouse retail store, 'a 37,300 square foot retail store, a 18,210 square foot retail store and a 401 stall parking lot. Page 14 October 24, 1995 ADVISORY PLANNING COMMISSION 3. A Final Planned Development Agreement for each phase shall be executed prior to final subdivision and Final Planned Development approval. The following exhibits are necessary for this Agreement: a. Final Site Plan b. Final Building Elevation Plan c. Final Sign Plan d. Final Landscape Plan e. Final Grading and Utility Plan f. Final Lighting Plan Upon submission of these final plans, provided they are in conformance with the Preliminary PD, the Final PD may proceed to the City Council for approval. 4. All buildings shall be constructed of brick that matches the type and color of the brick used on the previous development within the Park Center PD. 5. All building, parking/drive aisle, and landscaped areas shall be properly maintained Trash Enclosure/Rooftop Mechanical 6. All trash/recycling containers shall be stored within the building or in an enclosure attached to the principal building and constructed with a brick exterior to match the principal building. 7. All rooftop mechanical shall be screened from view. S_ ianaae 8. All building/directional and pylon signage shall comply with the City Code and the Amended Park Center Pylon Sign Agreement. Landscaping 9. All landscaped and green areas shall be served by an underground irrigation system. Architectural _ 10. All buildings shall be attached to each other and architecturally as shown in the Final Site Plan. Chairman Miller wanted the record to reflect that he supports recommending approval of the proposed amendment but that in the event the developer requests an amendment to the present proposal, Chairman Miller will not support such amendment. �fn Page 15 October 24, 1995 . ADVISORY PLANNING COMMISSION All approved in favor. - Member Wallace moved, Member Carlson seconded, a motion to recommend approval of a Preliminary Subdivision (Park Center Sixth Addition) consisting of one lot on 2.04 acres on property currently platted as Outlot D, Park Center Addition, located at the northwest intersection of Cliff Lake Road and Cliff Road in the SEi /. of Section 30, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, C1, C2, C4, D1, El, Fi, and H1 2. The developer shall plat the property. 3. The developer shall prepare a private parking easement and ingress /egress document to be reviewed and approved by the City attorney's office prior to Council action on the Final Subdivision. The developer shall record the private parking and ingress/egress easement with the plat. Grad gni 4. The developer shall be responsible for submitting detailed plans and specifications with the final grading plans for the construction of the retaining walls Utilities 5. If this project develops prior to the Park Center Fifth Addition - TCF Bank development, the developer will be responsible for providing sanitary sewer and water main stubs to Lot 1, Block 1, Park Center Fifth Addition (TCF Bank development). 6. The developer shall be responsible for providing sanitary sewer and water main stubs to the property west of Lot 1, Block 1, Park Center Sixth Addition. Access 7. The service drive to be extended through the site shall be constructed with concrete curb and gutter on both sides its entire length. Page 16 October 24, 1995 ADVISORY PLANNING COMMISSION 8. The existing service drive to Taco Bell shall be upgraded to City standards to include concrete curb and gutter to the southern edge of Lot 1, Block 1, Park Center Sixth Addition. 9. The developer shall provide evidence of ingress/egress easements to provide access to Lot 1, Block 1, Park Center Sixth Addition. All approved in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 17, 1995 CASE: 30- PP- 29 -9 -95 APPLICANT: Pet Food Warehouse HEARING DATE: October 24,1995 PROPERTY OWNER: Martin F. Colon PREPARED BY: Scott Harlicker REQUEST: Preliminary Planned Development Amendment, Preliminary Subdivision (Park Center Sixth Addition) LOCATION: Outlot D, Park Center Addition COMPREHENSIVE PLAN: Commercial Planned Development (CPD) ZONING: Planned Development (PD) SUMMARY OF REQUEST Pet Food Warehouse is requesting approval of a Preliminary Planned Development Amendment to allow an 17,463 square foot retail building, a 37,300 square foot retail building and an 18,747 square foot retail building on the 8.3 acre Outlot D, Park Center Addition. Pet Food Warehouse is to be located in the 18,747 square foot building. The applicant is also requesting approval of a Preliminary Subdivision consisting of one lot on 2.04 acres located at the northwest intersection of Cliff Lake Road and Cliff Road in the SE 1/4 of Section 30. AUTHORITY FOR REVIEW Planned Develonment: Chapter 11.20, Subd. 8, B., Determination. states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." Planning Report - Park Center Sixth Addition October 24, 1995 Page 2 Preliminary Subdivision City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto:" A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of the development. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in, a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed Planning Report - Park Center Sixth Addition October 24, 1995 Page 3 with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan ". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUND/HISTORY The Park Center Planned Development (PD) Agreement entered into in August 1989, designated specific uses for four sites within the Park Center Addition. The four designated uses are listed below: Original Preliminary Planned Development Agreement Site 1: 4,500 SF Class I restaurant Site 2: 86,000 SF retail strip center Site 3: 6,000 SF retail building Site 4: 4,800 SF bank Since the original Park Center Planned Development Agreement was entered into in August 1989 there have been four amendments to the PD which correspond to the ultimate site developments listed below: Ultimate Development Date Site 1: Taco Bell * 1993 Site 2: TCF Bank approved, remainder vacant 1995 Site 3: Boston Chicken Restaurant 1994 Site 4: Blockbuster Video 1993 A condition of the 1993 PD Amendment allowing Taco Bell instead of a Class I restaurant on Site 1 required that a Class I restaurant be included with the development of Site 2. The PD Amendment allowing the Blockbuster Video Store and Boston Chicken Restaurant did not alter the physical layout of the PLanned Development In July 1995, The Park Center Planned Development (PD) was amended to allow a 37,300 SF retail building, a 30,500 SF retail building and a 195 seat restaurant on Site 2 (Outlot D) and a 5,200 SF bank with seven drive through banking lanes on the 1.5 acre parcel (Lot 1, Block 1 Park Center Fifth). Planning Report - Park Center 'Sixth Addition October 24, 1995 Page 4 EXISTING CONDITIONS 'The site has been previously graded and is relatively flat with no wetlands or significant trees. SURROUNDING USES The following existing uses, zoning; and comprehensive guide plan , designations surround the subject property: North - Rahn Park; zoned and designated Park South - Undeveloped/Taco bell; zoned Pd and designated Commercial PD (CPD) East - Cliff Lake Center; zoned PD and designated Commercial PD (CPD) West - Senior Housing; zoned R-4 and designated D -III, Mixed Residential (6 -12 u/ac) EVALUATION OF REQUEST A. Preliminary Planned Development Amendment Phasing - The developer is proposing a 2 phase approach for development of this outlot. The first phase of development is the proposed 18,747 square foot Pet Food Warehouse building and 98 parking spaces; the second phase is the proposed 37,300 square foot retail building, the 17,463 square foot retail building and the remainder of the required parking. Site Development Plan - The amendment proposes three retail buildings 37,300 SF, 17,463 SF and the 18,747 SF Pet Food Warehouse retail store. This is different from the current Preliminary PD approved in that there will be a 300 SF increase in retail area, from (73,210 SF to 73,510 SF), and a revised configuration from two retail buildings and restaurant to three retail buildings. The Class I restaurant element on site 2 was required as part of the Preliminary PD Amendment to allow Taco Bell. Specific tenants have not been identified for two of the three retail buildings. The applicant will be requesting Final Planned Development approval for the 18,747 SF Pet Food Warehouse retail store in conjunction with the Park Center Sixth Addition Final Subdivision to be located in the northeast comer of Outlot D. Phase I The developer is proposing an 18,747 square foot retail building for Pet Food Warehouse with 50 parking spaces on the proposed 2 acre Lot 1, Block 1 Park Center Sixth Addition. Parking - The developer is providing 50, 10 foot by 20, foot parking spaces on site. A parking easement for an additional 48 spaces is proposed for Outlot D south of the proposed 2 acre lot. This will bring the total number of parking spaces constructed as part of this phase to 98. The Planning Report - Park Center Sixth Addition October 24, 1995 Page 5 applicant is proposing to pave the parking easement area located on Outlot D, south of Lot 1; Block 1, Park Center Sixth Addition. This will require an ingress/egress easement document to be reviewed an approved by the City Attorney. The total number of parking spaces required for both phases is 401. To determine the number of parking spaces to be provided for Phase I, the square feet of retail area proposed for this phase (18,747) was divided by the total square feet of retail area in both Phase I and Phase II (73,510). This figure (.255) was then used to calculate what percentage of the total 401 parking spaces should be constructed as part of Phase I. Using this method, 102 spaces are required for Phase I. The developer should revise the site plan to provide a total of 102 parking spaces to be constructed as part of Phase I. Access and Loading - Access to the site is proposed from an existing connection to Cliff Lake Road that currently provides access to Taco Bell. A service drive will be extended through the site and stubbed to the western edge of the development for extension to the west for future phase development and extended along the east side of the Pet Food warehouse building to provide access to the loading area located at the rear or north side of the building. The proposed access drive will provide access to the Pet Food Warehouse loading area and serve as egress from the TCF Bank site, located on Lot 1, Block 1, Park Center Fifth Addition. The developer is proposing to construct curb and gutter only on the west side of the drive located on the Pet Food Warehouse site. This service drive should be constructed to City standards with curb and gutter on both sides of its entire length. The developer is proposing to extend curb and gutter for the existing access to Taco Bell to, the south edge of proposed Lot 1, Block 1, Park Center 6th Addition. The Pet Food Warehouse loading dock is angled so that the trucks will be able to back in and drive straight out, thereby avoiding the need to provide a turn around area for the trucks. Setbacks - As proposed, all parking, drive aisle, and building setbacks are met. Building Exterior - The developer is proposing a brick exterior that will be similar to the brown tone brick found on the other buildings within the PD. Trash/Recycling - The developer is proposing brick exterior for the trash/recycling enclosure on the north side of the building. It will be constructed of the same brick used for the principal building. Rooftop Mechanical - The elevations provided by the developer indicate that all rooftop mechanical equipment will be screened from view. Signage - The developer is proposing an approximately 300 square foot wall sign on the front f the building. The proposed sign will cover approximately 10% of the front facade, which is q7 Planning Report - Park Center Sixth Addition October 24, 1995 Page 6 within the 20% allowed in the Sign Code. No pylon sign is proposed at this time. Landscaping - The landscape plan submitted for the proposed development on Lot 1, Block 1, Park Center Fifth Addition is acceptable. The plan provides perimeter landscaping along Cliff Lake Drive. Interior landscaping includes planted landscaped islands at the end of the parking rows and along the west side of the Taco Bell access drive. Phase II The developer is proposing a 37,300 square foot retail building and a 17,463 square foot retail building, and the remaining of 299 parking spaces required for the future retail development in Phase II of this Preliminary PD Amendment. Parking - As mentioned previously, on the proposed square footage of space for the three retail buildings in this Preliminary PD Amendment, the City Code requires 401 on -site parking spaces, and the developer has provided 401 parking spaces on the preliminary development plan. As part of the development of Phase I, 102 of the total number of parking spaces will be constructed; the remaining spaces will be constructed as part of Phase II. This review of proposed retail space and associated parking for Phase II is based on existing conditions which could be subject to change. The development of Phase II will require platting which will likely result in additional right -of -way dedication being required by Dakota County for Cliff Road. This will reduce the amount of land available for parking and could impact the ultimate size of building area permitted. Building Exterior - The developer is proposing a brick exterior on the Phase II buildings that is similar to the brown brick used by the other buildings within the PD. Trash/Recycling - No trash/recycling area is shown for the Phase II buildings. Trash and recycling containers should be stored within the principal building or in enclosures that are attached to the building and constructed with similar brick exteriors to match the principal building. Rooftop Mechanical - Elevation drawings provided by the developer indicate that all rooftop mechanical equipment will be screened from view. Signage - A pylon sign is shown at the SW corner of Outlot D at the intersection of Park Center Drive and Cliff Road. The proposed location of the pylon sign is not consistent with the Pylon Sign Agreement. The Agreement provides for a pylon sign on the southern edge of Outlot D specifically located 230 feet east of the intersection of Park Center Drive and Cliff Road and 153 feet west of the west property line of Lot 1, Block 1 Park Center Third Add. (Taco Bell). The plan should be revised to relocate the pylon sign as shown in the Park Center Pylon Sign Planning Report - Park Center Sixth Addition October 24, 1995 Page 7 Agreement. Landscaping - The preliminary Landscape Plan is acceptable. The plan provides landscaping along Cliff Road and interior plantings along the east side of Park Center Drive and landscaped islands at the end of the parking rows. Compatibility with Surrounding Area - The reconfiguration of the future retail area, the elimination of the proposed restaurant and the slight increase in overall .square footage appears be compatible with existing and future development in this area. Preliminary Subdivision Lots - The developer is proposing to subdivide a 2.0 acre lot from the 8.3 acre Outlot D, Park Center Addition. • Grading/ Wetlands - The preliminary grading plan is acceptable. The site is open and will require minimal cuts and fills. The preliminary grading plan shows a 5 foot high retaining wall along the north edge of the site. There are no wetlands on this site. Storm Drainage/Water Quality - The preliminary storm drainage plan is acceptable. Water quality requirements were previously met for this site and the entire Park Center PD with the construction of a detention basin (Pond AP -50) located south of the Senior Housing site. Utilities - Modifications are necessary to the preliminary utility plan. The proposed connection to the existing sanitary sewer will require a deep excavation, as will the proposed sanitary connection for Park Center 5th Addition - TCF Bank. In order to eliminate one of the deep sanitary sewer connection, if Park Center 6th Addition - Pet Food Warehouse develops before TCF Bank, the developer should provide sanitary sewer service to Park Center 5th. The developer should also stub the sanitary sewer to the property to the west of the development. The preliminary water main layout shows connection to an existing water main previously stubbed to the site. The plan does not show an extension of water main service to the Park Center 5th Addition; however, if Park Center 6th Addition develops before Park Center 5th Addition, the developer should be required to provide a water main stub to Park Center 5th if Park Center 6th is first to develop. Access /Street Design - The access plan is acceptable. Easements/Rights of Way/Permits - There is a 28 foot private road easement providing internal Planning Report - Park Center Sixth Addition October 24, 1995 Page 8 access to the proposed Pet Food Warehouse building and the TCF Bank site. A 20 foot waterline easement extends from the proposed south property line to the TCF Bank site. There is an approximately 58 foot by 310 foot proposed parking easement south of the proposed 2 acre lot. There is also a drainage and utility easement along the west and north property lines. Tree Preservation - There are no significant trees on site. Parks and Recreation - The Advisory Parks, Recreation and Natural Resources Commission is recommending a cash park and trail dedication. SUMMARY /CONCLUSION The proposed Preliminary Planned Development Amendment is compatible with the area. The Amendment will result in the removal of the sit -down restaurant element of the planned development, a reconfiguration of the building layout, and a slight increase in the ultimate retail square footage to be developed on Outlot D. The proposed retail building for Pet Food Warehouse will be compatible with the existing and future development within the Park Center P1) and the surrounding area. The development of Phase II will require platting which may result in right -of -way dedication being required by Dakota County. This dedication could result in less land available for parking and ultimately impacting the size of building area allowed for Phase II. ACTION TO BE CONSIDERED To approve /deny a two -phase Preliminary Planned Development Amendment consisting of 3 buildings on 8.3 acres identified as Outlot D, Park Center Addition. To approve /deny the Preliminary Subdivision for Park Center Sixth Addition consisting of one lot on 2.0 acres. Approval subject to the conditions listed below. Preliminary Planned Development Amendment Amended PD Agreement/Preliminary Plans 1. The developer shall execute an amendment to the existing Planned Development Agreement to incorporate the revised layout and terms. The Amended Planned Development shall expire in 5 years from the date of Council approval. 2. The Preliminary Planned Development "shall be for an 18,747 square foot Pet Food Warehouse retail store, a 37,300 square foot retail store, a 17,463 square foot retail store `9 o Planning Report - Park Center Sixth Addition October.24, 1995 Page 9 and a 401 stall parking lot. 3. A Final Planned Development Agreement for each phase shall be executed prior to final subdivision and Final Planned Development approval. The following exhibits are necessary for this Agreement: a. Final Site Plan - b. Final Building Elevation Plan c. Final Sign Plan d. Final Landscape Plan e. Final Grading and Utility Plan f. Final Lighting Plan Upon submission of these final plans, provided they are in conformance with the Preliminary PD, the Final PD may proceed to the City Council for approval. 4. All buildings shall be constructed of brick that matches the type and color of the brick used on the previous development within the Park Center PD. 5. All building, parking/drive aisle, and landscaped areas shall be properly maintained Trash Enclosure/Rooftop Mechanical 6. All trash/recycling containers shall be stored within the building or in an enclosure attached to the principal building and constructed with a brick exterior to match the principal building. 7. All rooftop mechanical shall be screened from view. Signage 8. All building/directional and pylon signage shall comply with the City Code and the Amended Park Center Pylon Sign Agreement. Landscaping 9. All landscaped and green areas shall be served by an underground irrigation system. Preliminary Subdivision Standard Conditions 1. The developer shall 'comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3„ Cl, C2, C4, D1, E1, F1, and 111 I 0 f Planning Report - Park Center Sixth Addition October 24, 1995 Page 10 2. The developer shall plat the property. 3. The developer shall prepare a private parking easement and ingress/egress document to be reviewed and approved by the City attorney's office prior to Council action on the Final Subdivision. The developer shall record the private parking and ingress/egress easement with the plat. Grading 4. The developer shall be responsible for submitting detailed plans and specifications with the final grading plans for the construction of the retaining walls. Utilities 5. If this project develops prior to the Park Center Fifth Addition - TCF Bank development, the developer will be responsible for providing sanitary sewer and water main stubs to Lot 1, Block 1, Park Center Fifth Addition (TCF Bank development). 6. The developer shall be responsible for providing sanitary sewer and water main stubs to the property west of Lot 1, Block 1, Park Center Sixth Addition. Access. 7. The service drive to be extended through the site shall be constructed with concrete curb and gutter on both sides its entire length. 8. The existing service drive to Taco Bell shall be upgraded to City standards to include concrete curb and gutter to the southern edge of Lot 1, Block 1, Park Center Sixth Addition. 9. The developer shall provide evidence of ingress/egress easements to provide access to Lot 1, Block 1, Park Center Sixth Addition. FINANCIAL OBLIGATION • Park Center 6th There are pay -off balances of special assessments totaling $188,645 on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Storm Sewer Trunk C/1 - -$.04/sq f3 88,862 sq ft $3,554 Water Availability Charge C/I $2,745/ac 2.04 ac S5.600 TOTAL s LOCATION ZONING PD - Planned Development COMPREHENSIVE GUIDE PLAN PD - Planned Development W 0 CC al 1 • 1 \\\ / / t j 1111111114 \ x \111111 111111111111 1 • — D 1 1 EIH-!+ 8211404, a.. i ,— w VDU l IIrR A .I hit 1' I1 1 . 1 / 1 1 �7_ :Jr .i! L4 DIII .,\Kil)v� I I1�'� '� I I fl d 1'1 , n % j. /Q. I- � VIII. ` ..s. •� ■ i \ . . % 1. .. 4 . , ' 11 O / p I✓ 101.0 • . ; ft3.0f 100.01Y2•E :[1 1. 1 1 1 1 I L 1 .00 3t iQ 11 9d z O r 6 -J itb ttlf • • 44 _. I i / _ 4 1: 1 1 1 41‘777 1 (j •1 1' I -.VI 11I ' > 1 ': :I lit 11 i • 1 , \01 et Ile. t11 �I le ► IL, •..� �1� ; 1 I� pl� 1 I 1 t 1 V 11) 1 / Q 4— t :1 1 �1 ' U • I' •II 1 1 fi 3' - -T .1y • 1- • • CITY SUBMITTAL gal le 1 1 • 1 • 0 1(/ toi I It jt z WINNE VEMIEMENER EXHL lT B: DEVELOPMENT PLAN (SKETCH PLAN) •-� • •• SI7 &3I I MI en 3 • �. SITL 4 (1' • ..1�. ... • • 1 •. _ •• rOEM ....._._•_..... • r.w • • gmn IsISU IfIV L1 =SITE 1. - • • • • •.• m on int re i .1111111111111 km■ — M • • • ate 1: Site 2: Site 3: Site 4: EXHIBIT C: USES .99 acres 9.87 acres .94 acres .93 acres 4,500 sq. ft. Class I restaurant 86,600 sq. ft. retail strip center 6,000 sq. ft. retail building 4,800 sq. ft. bank (NOTE: internal road right -of -way not included in area) 'Jrllr'IIJrL PrKOP O:iAL / <3 • r- OMA IMO Site 1: .99 acres Site 2: 9.87 acres Site 3: .94 acres Site 4: .93 acres M • .• ............. TACO BELL ( 1993 ) • 2,000 sq.ft. Class II restaurant 86,600 sq.ft. retail strip center (including a 4,500 sq.ft. Class I restaurant) 6,000 sq.ft. retail building 4,800 sq.ft. bank r- Site 1: Site 2: Site 3: Site 4: • 41110P One • MMUS _, Omen ._SE. BLOCKBUSTER VIDEO .99 acres 9.87 acres .94 acres .93 acres ( 1993 ) 2,000 sq. ft. Class II restaurant 82,100 sq. ft. retail strip center 4,500 sq. it. Class I restaurant 6,000 sq. ft. retail building 7,000 sq. ft. retail video store (.i ••■• • •••••• we r.1rLn,rt ai 1 SITL 4 SITS 3 •'.1•! :;, r Rosf am mar sorwrim• •• • ...04-. • r- ammo Site 1: Site 2: Site 3: Site 4: w j —rte• Iwo an — N. • SITE 2 IItrtr$I$lu =SITE lr AT • r — II I.•SM �� ,, ,,,• • • •r• ,.•I I1I1 .1•• •w• .mow 1 r ss — — — 11•111111111 .rir wrist. - • • Os •.• ••■ •_al BOSTON CHICKEN RESTAURANT (1994) .99 acres 9.87 acres _94 acres .93 acres /(G 2,000 sq. ft. Class II restaurant 82,100 sq. ft. retail strip center 4,500 sq. ft. Class I restaurant 3,000 sq. ft. Class 1 restaurant 7,000 sq. ft retail video store ••■• ••- •••••I•• .w — tres ... _, .. ,.., +I�t ;?11 111111111111(F ;t{` IIII11IIIIl- �II I��1!f11111 L'iT'' :∎...1I:.ilil; 11'111:1;,.110 1!1.1:;1 11 !I!II 1 �I I1•1I 1 111 III L11 • 1IIIIT -IIn C7/ // /iris /J 1..IIIUUb'• - err it —r1 r Y tits ...1 t c a • • 1 I I�N ltl l l•vor1S M ID /17 l z VIOS3NNIW INDY3 H31N33 NtiVd itit Et j c 6 R; • _t • M p 1111 MU QNtu CL ( �6a EIIIIIIIIIjH �II[IIlilllfl�illl�� -- ; - -= r i 1 a I I I r + 0 M so b' 3SfOH3aVM doo1 13d Agenda Information Memo November 21, 1995 Eagan City Council Meeting - B. APPROVE NEW LIQUOR STORE, UNITED PENN LAKE INC., dba SILVER BELL LIQUOR, 1969 SILVER BELL ROAD ACTION TO BE CONSIDERED: To approve an off-sale liquor license for United Penn Lake Inc. to operate Silver Bell Liquor in Silver Bell Center at 1969 Silver Bell Road. FACTS: • The City is in receipt of an application from United Penn Lake Incorporated for the above - referenced liquor license for operations at Silver Bell Center. The Police Department has completed its review and has identified no reasons to deny the application at this time. ATTACHMENTS: • Staff memorandum on page 1)0. • Copy of application form enclosed without page number. 117 November 14, 1995 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: OFF -SALE LIQUOR LICENSE FOR NEW LIQUOR STORE, SILVER BELL LIQUOR, 1969 SILVER BELL ROAD Dan Condon of United Penn Lake, Inc. has applied for an off -sale liquor license dba Silver Bell Liquor, 1969 Silver Bell Road. Sgt. Jeff Johnson has reviewed the application and finds no reason to deny. Mr. Condon would like to open his store in early December. Council action to approve would cover December 1,1995 to December 31, 1996, with fees to be charged accordingly. The City no longer has geographic or population restrictions on off -sale liquor licenses. If Silver Bell Liquor is approved, there will be eight active liquor licenses in Eagan. 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 bunting 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 bunting only), ducks, geese and pheasant only on parcels of property of five acreg_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 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 bunting 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 pccompanied by the applicant. Asopy of thispermit and appropriate identification must be carried at all times for 'verification by the Eagan Police Department. 1. Name: 64747-7)/941 '‘C 'SW-4 -S®4// 2. Street Address: 5 />l/9 Cie/2 awe 4.! ' 3. City /State /Zip Code: Z'/9a,,,9A. .r.i� - .s'S i 2 oa,AD , . 4. Property ir: Owner's Name (written permission from the property owner must accompany this permit application): (7/ULP iaiwz,e ✓ Jc 5 i/Cc � a.„1C 5. Property Location Description: Al . F . UGcGerevr.f- 07. Ath7 - / '4(7 1e 4C/re c A'Ict( 6. Type of Game to be Hunted: (/V1/lr1//37.L Oe'fj2 //�, /d &yam 7. Specific Hunting Dates: �: #3 /ST�l�9s- fi�c%}:y- IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY & Name (Beginning with the Applicant): 491/9 6 9. Address: 7..1 17/..9 nefd7 /,ec ,d,', Abm,i/ .47 „V. sSia.� 10. Vehicle License # 6�l 11. Police Approval /Date: 12. City Council Approval Date: 13. Expiration Date: \wp51 \forms \hunting.prm Revised 10/94 9 ✓ .10/95 /a•3i-5S MINNESOTA DEPARTMENT OF PUBLIC SAFETY LIQUOR CONTROL DIVISION 333 SIBLEY ST., ROOM 440 ST. PAUL, MN 55101 PHONE 612 - 296 -6430 or 612- 296 -6434 OFF -SALE INTOXICATING LIOUOR LICENSE APPLICATION OR THE RENEWAL OF AN OFF -SALE INTOXICATING LIOUOR LICENSE APPLICATION TYPE ® NEW OR TRANSFER - COMPLETE SECTIONS 1, 2, AND 4 CHECK ONE ❑ RENEWAL - COMPLETE SECTION 1, 3 AND 4 AU Licensees must have ■ $20 Retailers Buyers Card renewable each year. New Licensees call 612 -296 -6430 or 612 - 296 =6434 f r applicatior and inf rmati n. 2338064 LICENSEE'S SALES AND USE TAX ID NUMBER To apply for sales tax number call 296 -6181 or 1-800-657-3777 If a corporation, an officer shall execute this application. If a partnership,•a partner shall execute this application: S E T I 0 1 Licensee Name (Individual, Corporation, Partnership) NNE, Inc. ITrade Name or DBA Kenny's Liquor License Location (Street Address•8t Block No.) 1444 Yankee Doddle Rd License Pc io From 'limp To u lsi l Ito City Eagan, County State MN Ap licant'e Home Phone 612/738 -7619 Zip Code 55122 Name of Store Manager Elaine M. Fleming Business Phone Number 898 -9732 Date of Birth (individual applicant) If a corporation, state name, date of birth, address, address and date of birth of each partner. title, and shares held by each officer. If a partnership, state namcs, Partner Officer (first middle last) Elaine M. Fleming DOB 4/15/5 Title Shares 4 i), 000 Address 6117 Oakwood Rd Partner Officer (first middle last) DOB Title Shares Address City Woodbury, MN City • Partner Officer (first middle last) 1)OB Title Shares Address City Partner Officer (first middle last) DOB Title Shares Address City s E c T I 0 N 2 1. If a corporation, date of incorporation 10 /23/95 , state incorporated in MN amount of authorized capitalization , amount paid in capital , if a subsidiary of any other corporation, so state give purpose of corporation if incorporated under the laws of another state, is corporation authorized to do business in the state of Minnesota? . Number•of certificate of authority 2. Dessr11be pemis o which license ppes,guch as (first flQ.pr, second floor, basement, etc.) or if entire building, so state Yankee q aY li Shopping Center 3. Is establishment located near any state university, state hospital, training school, reformatory or prison? No , state approximate distance 4. State name and address of owner of building eC\PQct\ 1. Pena %, 3%110 Wk54;1 ncskot\ (\r )5:t llan , h111) 5IZ2 Has owner of building any connection, directly or indirectly, with applicant? IU 5. Is applicant. or any of the associates in this application, a member of the governing body of the municipality in which this license is to be issued? No . If so, in what capacity? 6. State whether any person other than applicants has any right, title or interest in tthe furniture, fixtures, or equipment for which license is applied, and if so give name and details. Business Loan • Pending • , • 7. Have applicants any interest whatsoever, directly or indirectly, in any otticr liquor establishment in the state of Minnesota? No Give name and address of such establishment S E C T I 0 11 2 o n t i n u e . d ' • 8. Are the premises now occupied, or to be occupied by the applicant entirety establishment? Yes separate and exclusive from any other business N/A , 9. If a drug store, state length of time the store has been in operation X10. State whether applicant has or will be granted, an On -Sale Liquor License the same premises No in conjunction with this Off Sale Liquor License, and for License in conjunction with the regular On -Sale Liquor t in miles to the nearest municipality N/A , 11. State whether applicant has, or will be granted a Sunday On -Sale Liquor License No • . 12. if this application is for a County Board Off -Sale License, state the distance S E C T O2. it 3 1. State whether applicant, or any of the associates in this application, have ever had an application for a liquor license rejected by any municipality or State authority; if so give dates and details Has the applicant, or any of the associates in this application, during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances; if so, give date and details . 3. State whether applicant, or any of the associates in this application. years were convicted of any Liquor Law in this state, or under Federal and employees while employed by applicant during the past five Laws, and if so, give date and details 4. During the past license year, has a summons been issued under the Liquor Civil Liability Law (Dram Shop) M.S. 340A.802 Yes No If attach a copy of the summons. yes, S E C T 0 "a 4 This licensee must have one of the following. Check one: (ATTACH CERTIFICATE OF INSURANCE- TO TIIIS FORM.) S100,000 more than one person; 510,000 property destruction; as specified in A. with the state, trust funds having market value of S100,000 X A. Liquor Liability Insurance (Dram Shop) - S50,006 per person. 550,000 and $100,000 for loss of means of support. 1 O B. A surety bond from a surety company with minimum coverages C. A certificate from the State Treasurer that the licensee has deposited or S100,000 in cash or securities. I certify that I have read the above questions and that the answers are true and correct of my own knowledge Print name of a pp licant & title I Si rt or A �lici t I Date E. l- N e m . Fem; n 9 likes . 'c0 ,e � /63 /- 9s REPORT BY POLICE This is to certify that the applicant, and the associates gamed herein have not of the State of Minnesota, or municipal ordinances relating to intoxicating liquor DEPARTMtNT been convicted within the past five years for any violation of laws except as follows Police Department I Title • Signature IMPORTANT NOTICE • All retail liquor licensees must have a current Federal Special Occupational Stamp. This Stamp is issued by the Bureau Alcohol, Tobacco, and Firearms. For Information call 612- 290 -3496. MINNESOTA DEPARTMENT OF PUBLIC SAFETY LIQUOR CONTROL DIVISION 333 SIBLEY ST., ROOM 440 ST. PAUL, MN 55101 PHONE 612 - 296 -6430 or 612- 296 -0434 OFF -SALE INTOXICATING LIOUOR LICENSE APPLICATION OR THE RENEWAL OF AN OFF -SALE INTOXICATING LIOUOR LICENSE APPLICATION TYPE 2 NEW OR TRANSFER - COMPLETE SECTIONS 1, 2, AND 4 CHECK ONE El RENEWAL - COMPLETE SECTION 1, 3 AND 4 MI Licensees must have a $20 Retailers Buyers Card renewable each year. New Licensees call 612- 296 -6430 or 612- 296 -6434 for application and information. Up LICENSEE'S SALES AND USE TAX ID NUMBER -31(38i24/80. To apply for sales tax number pall 296 -6181 or 1 -800- 657 -3777 If a corporation, an officer shall execute this application. If a partnership,. a partner shall execute this application. S C T I 0 N 1 Licensee Name (Individual, Corporation, Partnership) CI kit +-CCJ Pe -11 it L (4- tiC--. Litensc Location (Street Address & Block No') 11 6 / s;Lvu ac// Ad. City Name of Stake Manager 1,4-j/ 0 rc% • I Trade Name or DBA J SIIU l er eI1 L.1(V,or License Period ' Applicant's Dome Phone From To hV, —73 Y3 County State Zip Code Business Phone Number Date of Birth (individual applicant) //30% If a corporation, state name, date of birth, address, title, and shares held by each officer. If a partnership, state names, address and date of birth of each partner. City Partner Officer (first middle last) P?') )14-4;4. 4-.4. e-76,ie. -6h DOB I/krie' re-- t5 elc ayes Address Partner Officer (first middle last) DOB Title Shares Address 3 /(!70 o, ,4 4.. ( .: ;ice' /1A-/-1-4`.3 City Partner Officer (first middle last) D013 Title Shares Address Partner Officer (first middle last) DOB Title Shares Address City City S E C T I 0 2 1. If a corporation, date of incorporation L /ii (4Q ' l , stte incorporated in /14 V amount of authorized capitalization amount paid in capital r , if a subsidiary of any other corporation, so state give purpose of corporation if incorporated uhder the laws of another state, is corporation authorized to do business in the state of Minnesota? . Number of certificate of authority 1 S-YI —/.f4f 2. Describ premises emises o which license applies; fuch as (first floor, second floor, basement, etc.) or if entire building, so state f fia (( 13 11 /Li r 5'- 3. Is establishment located near any state university, state hospital, training school, reformatory or prison? VC) , state approximate distance 4. State name and address of owner of building W411 iA �© c^-f 0 3.,R �I ..3 SR.9/ S.74 7" Has owner of building any connection, directly or indiYectly, with applicant? Jr) ) 5. Is applicant. or any of the associates in this.application, a member of the governing body of the municipality in which this license is to be issued? IJC-9 . If so, in what capacity? 6. State whether any person other than applicants has any right, title or interest in the furniture, fixtures, or equipment for which license is applied, and if so give name and details. •• lv/A°. • • 7. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the state of Minnesota? ye -3 Give name and address of such establishment 14 h. ?'eci • Lee_lto.," ?, 1s Pen 0 ,f.ve .S•. gte6 •,, ,TA.5,, mI-' n rfx 0.92) S , E C T O N z pthe t i n u e d . 8. Are the premises now occupied, or to be occupied by the applicant establishment? Ni7 entirely separate and exclusive from any other business and for Liquor 9. If a drug store, state length of time the store has been in operation 10. State whether applicant has or will be granted, an On -Sale Liquor same premises g( License Liquor the distance in conjunction with this Off Sale Liquor License, License in conjunction with the regular On -Sale • in miles to the nearest municipality II. State whether applicant has, or will be granted a Sunday On -Sale License fr2 12. If this application is for a County Board Off -Sale License, state S1 E C T I+ 0 N 1. State whether applicant, or any of the associates in this application, have ever had an application for a liquor license rejected by any municipality or State authority; if so give dates and details V6.) . - 2. Has the applicant, or any of the associates in this application, during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances; if so, give date and details 1 3. State whether applicant, or any of the associates in this application. and years were convicted of any Liquor Law in this state, or under Federal i-�✓•N Z.- .4( +, e M041y0 G _Cif 14i' J ek m, employees while employed by applicant during the past five Laws, and if s give date and details _ 0)44 �// % /o, r nc9�' Gl hr%tcic:.0 ✓'-- '..54 f. fis•i..ss 1'.,nrJ' zoo,' 9 ! 4. During the past license year, has a summons been issued under J i the Liquor Civil Liability Law (Dram Shop) M.S. 340A.802 ❑ Yes a No if yes, attach a copy of the summons. S E C T O Nor 4 This licensee must have one of the following' Check one: (ATTACH ❑ A. Liquor Liability Insurance (Dram Shop) - 350,000 per 350,000 and 5100,000 for loss of means of support. or ❑ B. A surety bond from a surety company with minimum coverages CERTIFICATE OF INSURANCE TO THIS FORM.) person, 3100,000 more than one person; 310,000 property destruction; as specified in A. has deposited with the state, trust funds having market value of 3100,000 C. A certificate from the State Treasurer that the licensee or 3100,000 in cash or securities. I certify that I have read the above questions and that the answers are true and correct of my own knowledge Print /�name of a plicanAt,&1titl -e- Signature have not liquor of Applicant .4.. Date of laws DEPARTMENT been convicted within the past five years for any violation except as follows REPORT BY POLICE 1 This is to certify that the applicant, and the 'associates named herein of the State of Minnesota, or municipal ordinances relating to intoxicating Police Department Title �Cl. c3 A ^' 1CAptfw- • Sign Sign re - '^� •) a t.a) IMPORTANT NOTICE All retail liquor licensees must have a current Federal Special Occupational Stamp. This Stamp is issued by the Bureau o' Alcohol, Tobacco, and Firearms. For Information call 612- 290 -3496. MEMO city of eagan TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 17, 1995 SUBJECT: ADDITIONAL INFORMATION SODERHOLM ADDITION Enclosed on page 3 is a copy of a flyer that was circulated in the general area of Lexington Avenue and Diffley Road asking people to appear at the November 21 City Council meeting to learn more. about the Soderholm Addition. This item is not scheduled for the regular City Council agenda; however, at the time of Visitors To Be Heard, a request will be made by Dr. & Mrs. Florine requesting that the City Council consider a motion for reconsideration of the Soderholm Addition. According to the City Attorney, in reference to the motion for reconsideration for Safari at Eagan (Thomas Lake Center), a request was presented to the City Council at a regular City Council meeting and formally scheduled for the next regular City Council meeting in order that all parties be made aware of the possible action. In the case of the Soderholm Addition, it would allow both parties to present their case (for and against reconsideration), an opportunity for Council deliberation and a reconsideration vote. Since the flyers have been distributed, residents will more than likely be present and the concern expressed by the neighbors that heavy equipment has been moved on site, the developer will be contacted and made aware that the City Council may consider a motion for reconsideration at the November 21 meeting. The City Administrator will further coordinate with the Director of Community Development and City Attorney's office for additional information in the Administrative Agenda on Monday. MEMO RE: BOB MAYER CONCERNS Enclosed on pages V through for City Council information is a memo from Assistant to the City Administrator Hohenstein regarding concerns that Bob Mayer, 3949 Avon Court, has regarding aircraft overflights in eastern Eagan. BOOK LEADERSHIP SECRETS OF ATTILA THE HUN /COUNCILMEMBER MASIN Enclosed on pages through '� is a copy of an excerpt from the book Leadership Secrets of Attila the Hun that City Councilmember Masin asked to be copied for the entire City Council. WAGE RATES FOR NEW HIRES Enclosed on page x' is a copy of information the City Council requested regarding wage rates for new employees that were hired at the November 6 City Council meeting. City Administrator TLH /vmd Agenda Information Memo November 21, 1995 B. TRAPP POINTE - PRIVATE STREET TRANSFER ACTION TO BE CONSIDERED: Approve/deny the transfer of the Trapp Pointe private cul -de -sac to public right -of -way with/without conditions. FACTS: • On November 6, the City Council received a request from a representative of the adjacent property owners requesting the City to accept the Trapp Pointe private street cul -de -sac as public right -of- way. • The City Council referred this request to the Public Works Committee for review and recommendations. • On November 14, the Public Works Committee reviewed the request along with background information provided by City staff and recommended that the City Council give favorable consideration to accepting the Trapp Pointe private cul -de -sac as public right -of -way based on the applicant fulfilling several conditions. ATTACHMENTS: • Committee meeting minutes, pages and _X. • Committee packet background information, under separate cover to Council only. 73 MEMO city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: NOVEMBER 13, 1995 SUBJECT: BOB MAYER CONCERNS - AIRCRAFT NOISE IN EASTERN EAGAN We have previously spoken about the concerns raised by Bob Mayer, 3949 Avon Court, regarding aircraft overflights in eastern Eagan. Mr. Mayer has called the Metropolitan Airports Commission and me with some frequency since late 1994 about this problem. Mr. Mayer and several of his neighbors have also given testimony to MASAC and the Eagan Airport Relations Commission in this regard. Mr. Mayer is very aware of airport operations as he is an employee of the FAA, working out of the regional facility Farmington. Mr. Mayer's primary concern is that he believes that aircraft overflights of his neighborhood have increased significantly over the past two years and that the City should force the MAC and Northwest to reduce or eliminate the overflights. Mr. Mayer feels that this is the appropriate approach even though the FAA is responsible for controlling all aircraft in the vicinity of the airport. At the City's request, the MAC has performed several studies which indicate that the percentage of operations over the neighborhood has been fairly constant and that any differences have been seasonal or the result of increased activity at the airport. In the past two years, operations at the airport are up, just over ten percent. In June, July and August, the MAC also located a temporary noise monitor at Pinewood Elementary, just south of Mr. Mayer's home, which indicated the presence of twenty operations over 85 dB and 93 operations over 80 dB. At the same time, the monitors near the corridor recorded 2,101 operations over 85 dB and 4,591 over 80 dB. Due to increased altitude and dispersion of operations, the number of such noise events in Mr. Mayer's neighborhood is one to two percent of the number nearest the corridor. Mr. Mayer's home is three and one -half miles from the corridor and about six and one -half miles from the runway end. Over the past several weekends, Mr. Mayer has left multiple messages on my voice mail concerning his observations of corridor violations, late night flights and his desire to sell his home to get away from the noise nuisance. He has also indicated that a disproportionate number of homeowners in his neighborhood are selling their homes because of aircraft noise impacts. He says that he believes that the City is responsible for his situation and that residential development of his neighborhood should not have been permitted. He has threatened litigation and says he is encouraging Channel 5 to do a story about the situation. The Airport Relations Commission and staff have responded to Mr. Mayer's concerns as well as possible. Several of the Commission's recommendations to the Council for action or policy positions have partially arisen from concerns raised by Mr. Mayer. Staff has visited Mr. Mayer's neighborhood on several occasions and there do not appear to be a disproportionate number of homes for sale when compared with the rest of the community. There is no doubt that improved compliance with the corridor will provide some benefit to Mr. Mayer's neighborhood, but the City's experience is that the FAA is very slow to change procedures, especially for down -range neighborhoods. Mr. Mayer has also been informed of the Runway Use System priorities, the MAC's voluntary nighttime operations agreements, the results of the MAC studies and the federally required phase -out of Stage II aircraft. Mr. Mayer is also aware that his agency, the FAA, is responsible for directing operations in the vicinity of the airport and that they place safety and interstate commerce ahead of local noise concerns. Despite all of this, in September, Mr. Mayer was responsible for 480 of Eagan's 562 noise complaints at the MAC Hotline. Even though there are noise impacts throughout the community, it appears that Mr. Mayer is responding more strongly to them than are other people. will continue to respond to Mr. Mayer and his concerns, but I felt it important to share this information with the City Council because Mr. Mayer is unlikely to be satisfied until he is able to sell his house. It does not appear that it would be possible for Mr. Mayer's expectations to be met in any other way. If you have any questions, please let me know. A istant the City Administrator • -5 •••-. "%;[ 16•Vri, 5yAscif: 'Agfj,*1-1t. 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CD ~fD (D 1-1 5" R � y -..`, MEMO city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR DUFFY DATE: NOVEMBER 9, 1995 SUBJECT: WAGE RATES FOR NEW HIRES Per the request of the Council, the following are the wage rates for the employees who were hired at the November 6, 1995 Council meeting: 1. Regular full -time parks maintenance worker: Range: $11.98 - $15.91; Starting Wage: $11.98 2. Regular part-time clerical technician 111: Range: $11.43 - $12.86; Starting Wage: $11.43 3. Regular full -time patrol officers: Range: $14.80 - $20.42 (does not include longevity); Starting Wage: $14.80 4. Regular full -time associate planner: Range: $31,972 - $37,064; Starting Wage: $31,972 5. Seasonal part-time skating Instructors (Ice skating instructors are traditionally paid different rates for time they spend on ice teaching and time spent working off ice setting up, at meetings, etc.): Level I Range: $8.00 - $11.00 on ice, $5.00 - $5.50 off ice; Level I Starting wages (Palo & Brown) - $8.00 per hour on ice, $5.00 per hour off ice; Level 4 Range: $14.00 - $17.00 on ice, $$7.00 - $8.50 off ice; Level 4 Starting wage (Lickness) - $14.00 per hour on ice, $7.00 per hour off ice 6. Seasonal part-time concession stand worker: Range: $5.50 - $6.28; Starting Wage: $5.50 In future, I will furnish the Council with wage rates when new hires are on the agenda. "1441) �v h Assistant the City Admi istrator