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12/18/1990 - City Council RegularPage 2/EAGAN CITY COUNCIL MINUTES December 18, 1990 Mr. VonDeLinde asked Police Chief Pat Geagan for a brief presentation and introduction of those Park Rangers in attendance. Chief Geagan said he was very impressed by the number of hours donated by these young people. He said it approached the equivalent of three full-time employees. The Chief said the community should be very thankful for the work performed by these young people. He then recognized Mr. Kevin Lazarchic for his recent achievement of being selected Law Enforcement Explorer of the Year for the Boy Scouts of America's Indianhead Council. The Explorers then introduced themselves and they were: Chris Ericson, a second year student at Inver Hills Community College; Jeff Albee, a sophomore at Eagan High School; Rob Merrill, a sophomore at Inver Hills Community College; Kevin Lazarchic, who has his Law Enforcement degree; Laura Hampton, a student at Burnsville High School; and Derek Shostag, a sophomore at Rosemount High School. The Mayor acknowledged the students and their contribution to the City. CONSENT AGENDA City Administrator Hedges then took the opportunity to introduce Rick Brasch, who is the new Water Resources Coordinator for the City. Mr. Brasch began work with the City on December 3. Councilmember Wachter questioned the City's liability in regard to Items C and D which dealt with refuse hauler license renewals and the Dakota County yard waste compost lease agreement respectively. He asked who was responsible for insuring these services. City Administrator Hedges said City staff would investigate. A. Personnel Items Item 1. It was recommended that the hiring of Ross Anderson, Brad Corl, Seth Gilbert, Rob Helebrant, Martha Henderson, Shelagh More, Aaron Moniza, Jeff Olson, Joe Rossini, Josh Sadek, Nancy Stachel, Dan St. Peter, Joe Thull, Joe Tracy and Nathan Young as Winter Recreation Leaders be ratified. Item 2. It was recommended that the contract with Health Counseling Services to provide the Employee Assistance program for the City of Eagan for calendar year 1991 for the total contract amount of S2,124 be ratified. Item 3. It was recommended that the compensation and benefit adjustments for non- collective bargaining employees for 1991 be approved as shown in Exhibit A. It was recommended that a 4% compensation rate for calendar 1991 for all seasonal /temporary/contractual employees, with the exception of winter recreational leaders, be approved as presented. Item 4. It was recommended that the reorganization of the Community Development Department, including making the Assistant Chief Building Official responsible for supervising the Building maintenance Division and changing the remaining Planner I position to that of Senior Planner (K exempt compensation range), effective January 1, 1991, be approved. Item 5. It was recommended that the hiring of Mike Pike as a temporary engineering intern be approved. Page 3 /EAGAN CITY COUNCIL MINUTES December 18, 1990 Item 6. It was recommended that the Hepatitis B vaccine policy be approved as presented. Item 7. It was recommended that the temporary hiring of Michael Finnegan as a Seasonal Parks Maintenance Worker and Ben Anderson as a Seasonal Streets Maintenance Worker be ratified. B. 1991 Pet Shop Licenses It was recommended that the 1991 Pet Shop licenses for Heartland Pet and Town Centre Pet be approved as presented. C. 1991 Refuse Hauler License Renewals It was recommended that refuse hauler license renewals for 1991 be approved as listed in Exhibit B subject to the future addition of plastics and corrugated cardboard to the targeted recyclables list. D. 1991 Lease Agreement. Dakota County Yardwaste Compost Site It was recommended that the 1991 lease agreement for Dakota County use of Municipal Center property for a yard waste compost site be approved as presented. E. Resolutions for Study Areas A. I. and O. Rezonings and /or Comprehensive Guide Plan Amendments It was recommended that the resolutions for the rezoning and /or comprehensive guide plan amendements for Areas A, I, and Q of the multifamily land study be approved as presented. F. Ordinance Amendment Incorporating Beer. Wine and Liquor License Fee Approved July 17. 1990 It was recommended that the ordinance amendment incorporating the beer, wine, and liquor license fees approved July 17, 1990, be approved. G. 1991 Special Revenue Fund Budgets It was recommended that the 1991 Special Revenue Fund Budgets be approved as presented. H. Senior Citizen Special Assessment Deferment Warkentien It was recommended that the senior citizen special assessment deferment application for Warkentien be approved. I. Contract 90-17. Receive Bids /Award Contract #3 #4 Well Pump Repair) It was recommended that bids for Contract 90-17 #3 #4 Well and Pump be received and the contract awarded to the lowest responsible bidder and the Mayor and City Clerk were authorized to execute all related documents. J. Renew Joint Powers Agreement for the Blackdog Watershed Management Organization It was recommended that the Joint Powers Agreement be approved as revised for the Blackdog Watershed Management Organization and the Mayor and City Clerk authorized to execute all related documents. iy "tjS.f' i R 90.91 R 90.92 R 90.93 R 90.94 R 90.95 R 90.96 Page 4/EAGAN CITY COUNCIL MINUTES December 18, 1990 K. Project 600. Receive Feasibility Report/Order Public Hearing (T.H. 149 and Beecher Road Intersection Improvement) It was recommended that the feasibility report be received for Project 600 (TH 149/Becker Road Intersection Improvements) and the public hearing scheduled to be held January 15, 1991. L. Contract 89-08. Approve Final ayment/Authorize City Maintenance (Wells #14 #L5 Pumping Facilities It was recommended that the 9th and final payment to A K Construction in the amount of S30,162 for Contract 89-08 (Wells #14 and #15 Pumping Facilities) be approved and City maintenance authorized subject to all appropriate warranty provisions. M. Contract 86 -SS. Acknowledge Completion /Authorize City Maintenance (Lexington Hills Utilities It was recommended that the completion of Contract 86-SS (Lexington Hills Utilities) be acknolwedged and City maintenance authorized subject to appropriate warranty provisions. N. Contract 86-NN. Acknowledge Completion /Authorize City Maintenance (Chatterton Ponds Streets Utilities It was recommmended that the completion of Contract 86-NN Chatterton Ponds Streets Utilities) be acknowledged and City maintenance authorized subject to appropriate warranty provisions. O. Contract 88 -E, Acknowledge Completion /Authorize City Maintenance (Burr Oak Hills 2nd Addition Streets Utilities) It was recommmended that the completion of Contract 88-E (Burr Oak Hills 2nd Addition Streets Utilities) be acknowledged and City maintenance authorized subject to appropriate warranty provisions. P. Contract 89 -I. Acknowledge Completion /Authorize City Maintenance (Blue Ridge 2nd Add- Utilities It was recommmended that the completion of Contract 89 -I (Blue Ridge 2nd Addition Utilities) be acknowledged and City maintenance authorized subject to appropriate warranty provisions. Q. Contract 87 -L. Acknowledge Completion /Authorize City Maintenance (Summer Place Addition Streets Utilities) It was recommmended that the completion of Contract 87 -L (Summer Place Addition Streets Utilities) be acknowledged and City maintenance authorized subject to appropriate warranty provisions. R. Contract 90-A. Acknowledge Completion /Authorize City Maintenance (Duckwood Sq Add Utilities) It was recommmended that the completion of Contract 90-A (Duckwood Square Addition Utilities) be acknowledged and City maintenance authorized subject to appropriate warranty provisions. S. Contract 88 -G. Acknowledge Completion /Authorize City Maintenance (Cutters Ridge 1st and 2nd Additions Streets Utilities) It was recommmended that the completion of Contract 88 -G (Cutters Ridge 1st and 2nd Additions Streets Utilities) be acknowledged and City maintenance authorized subject to appropriate warranty provisions. Page 5/EAGAN CITY COUNCIL MINUTES December 18, 1990 T. Final Plat. Hoeft Addition R 90.97 It was recommended that the final plat for the Hoeft Addition be approved. U. Final Plat, Unisys 2nd Addition R 90.98 It was recommended that the final plat for the Unysis 2nd Addition be approved. V. ,Agreement for Final Plat. Tranby 1st Addition It was recommended that the agreement for Final Plat of the Tranby 1st Addition be continued to the January 3, 1990, regular City Council meeting. W. Agreement. Joint Powers for Striping. Sweepine and Sealcoating It was recommended that the 1991 Joint Powers Agreement for contractual striping, sweeping and sealcoating services be approved. Gustafson moved, Pawlenty seconded a motion to approve the Consent Agenda as presented with the exception of Item V, Agreement for Final Plat, Tranby 1st Addition which was continued. Aye: 5 Nay 0 SPECIAL CITY COUNCIL MEETING Pawlenty moved, Wachter seconded a motion to set January 8, 1991 as a special City Council meeting date for the purposes of interviewing prospective candidates for the City's committees and commissions. It was recommended that the meeting begin at 5:30 p.m. Aye: 5 Nay 0 PUB HEART OS VACATION/WINDTREE 3RD ADDITION Mayor Egan introduced this item as a vacation of a portion of drainage and utility easement (Lot 6, Block 1, Windtree 3rd Addition). City Administrator Hedges said that on September 4, 1990, the City Council had considered and denied a side yard setback variance for this parcel. He said that during the application process, it was discovered that the existing house was inadvertently located within the common lot line drainage and utility easement on the east side of the parcel. He said that the property owner had subsequently submitted a petition requesting the vacation of a portion of the side lot line drainage and utility easement. No objection has been received to this application. Mayor Egan then asked if anyone was present to address the issue. None was. McCrea moved, Gustafson seconded a motion to close the public hearing and approve the vacation of a portion of the side lot line drainage and utility easement as described as Lot 6, Block 1, Windtree 3rd Addition. Aye: 5 Nay. 0 giFg REQUEST TO WAIVE FEES /SANITARY SEWER REQUIREMENT TRINITY LONE OAK CHURCH After introduction by Mayor Egan, the City Administrator said this item had been before the City Council at the last regular meeting on December 4. He said at that time, the City Council had questioned the Page 6 /EAGAN CITY COUNCIL MINUTES December 18, 1990 precedence and previous actions with respect to similar uses. Those questions were researched and were part of the packet information included for Council's review. Mr. Hedges said that the Trinity Lone Oak Church had asked for a building permit for remodeling, but with the application the City had asked that the property be platted. Mr. Martin Schuetze, representing Trinity Lone Oak Church, said there were two things they wished to address with the Council: 1) the waiver of fees and 2) the sanitary sewer line extension. He said the church had reviewed a letter from the Director of Public Works regarding a possible solution to the sanitary sewer issue. Mr. Schuetze said the church had no problem with the suggested solution. Mr. Schuetze said he had met with the adjoining property owner, Mr. John Kolb, and Mr. Kolb was in no hurry to hook up to the sanitary sewer system. He said this was especially true since he has a number of barns and garages on his property and any future extension through his property could be disruptive. Director of Public Works Colbert said the property south of Trinity Lone Oak Church could be served from two different directions. He said there was no immediate need to hook up to this utility and the issue could be deferred to a later date. He said the City would ask, however, that the church provide an easement for the installation of a future utility line to this property. Mr. Colbert said that the proposed agreement used for Trinity Lone Oak Church would be similar to an agreement developed with the Advent Church and would indicate that if the sewer had to be installed at a later date through the Trinity Lone Oak property, the easement would have been dedicated as a condition of the plat. He said that the cost of the sanitary sewer could then be spread as an assessment against the property to minimize the immediate financial impact to the church. Mayor Egan noted that the City had frequently waived the parkland dedication fee. He said the agreement outlined by Director of Public Works Colbert seemed to be a reasonable solution considering there was a precedence for it and the fact that Trinity Lone Oak Church was one of the oldest existing facilities in the City. Councilmember Wachter said that he agreed it was an appropriate handling of this item as it was similar to what had been done for other churches. Wachter moved, McCrea seconded a motion: 1) to approve a request from Trinity Lone Oak Church to waive the park dedication fee and the water quality fee and 2) to approve a waiver of Condition 6 of the preliminary plat relative to extension of the sanitary sewer service provided such service is guaranteed through the dedication of a utility easement. Councilmember Pawlenty acknowledged that the sanitary sewer issue appeared to be resolved and the park dedication fee waived but questioned whether the other fees requested were also waived. Councilmember Gustafson said he understood that the park fee was waived, the sanitary sewer line deferred with a stipulation that an agreement would be drafted and payment of the extension would be made at the appropriate time and that all other fees would be paid. Martin Schuetze disagreed saying that in addition to those items addressed, the church was still contesting the trail dedication fee, the water quality fee and the final plat escrow. Councilmember Pawlenty said that the church had attempted to make the case that since they were not a subdivider, they should be exempt from all development fees. He asked Director of Community Development Runkle if, for instance, the Trail Dedication ordinance applied only to subdivisions. Mr. Runkle said that the Trail Dedication policy had only come on line in the last six months and had been applied to subdivisions on a per lot basis. The Councilmember then asked City Attorney Sheldon the definition of a "subdivider." Mr. Sheldon said it was a generic term for a person who plats property. Page 7/EAGAN CITY COUNCIL MINUTTES December 18, 1990 Mr. Schuetze said that the fees being charged the Trinity Lone Oak Church are just over S16,000. He said they were not contesting all of the fees but were opposed to paying the trail dedication fee, the water quality fee and the final plat escrow. Mr. Schuetze said to put the fees in perspective, the fees would be $16,000 even if the church was building a S50,000 addition. He said that a subdivider could pass the costs along to the buyer and a corporation could pass these costs on to the consumer through higher prices or receive a deduction in the fees through depreciation. He said that the church is exempt from most taxes and he contended the fees that they were contesting are user fees or fees that are like a "tax In addition, Mr. Schuetze said the church had no need for a trail system on their property. He said the church was requesting a waiver of these fees because: 1) there was strong public policy and support of the waiver, 2) Trinity Lone Oak Church is not a subdivider and 3) the substantial amount of money being spent on the remodelling in order to retain its historic flavor. Councilmember Wachter suggested the possibility of waiving the water quality fee because it was instituted after the initial application by Trinity Lone Oak Church. Councilmember McCrea said that she would support that action but was concerned that any other non profit organization be treated accordingly as she wanted all public policy to be applied equitably. Councilmember Wachter said his reasoning for the waiver was only one of the timing of the application. In response to Mr. Schuetze's questioning the justification for such fees, Mayor Eagan said there were a number of charges that the City had to be able to justify and said he believed the City was very well reasoned in that process. As regards the trail dedication fee, Mayor Egan said it was the City's determination that the church and the school campus would have use for trails on the property. He said the City had to be reasonable but it also had to be consistent. For Council's consideration, Councilmember Pawlenty said he had been contacted by a member of Trinity Lone Oak Church who said they spoke on behalf of eight other members. The person who contacted Councilmember Pawlenty wished to remain anonymous but it was their opinion that the church should not be asking for a waiver of the fees but should pay its fair share. City Administrator Hedges said the point had been made in the past that fees such as those being discussed were actually a "tax" for service. He said it was, however, an expansion of an existing system and no matter what the service, it placed an additional burden on that system. Additionally, City Administrator Hedges said that if Trinity Lone Oak has cash flow problems, they may wish to consider spreading the fees as an assessment over a period of time. Councilmember Gustafson then asked the City Attorney if the assessment of these fees could be interpreted as the levying of taxes against a church? City Attorney said that the charges are absolutely legitimate based on Minnesota State Statutes which refer to the subdivision regulations that the City has established in connection with State law. He said these fees are not "taxes" but in fact charges that supplement the system and provide for those items. He said the City would have no difficulty in justifying these fees. Councilmember Gustafson then said that it had been suggested that the City consider waiving the water quality fee because adoption of the fee may have come after Trinity Lone Oak Church's application. The Councilmember said that if this was done, all other applicants should receive the same consideration. He then asked staff how many others could be waived for the same reason? Director of Community Development Runkle said that the City looks at these fees at the time of final plat when they are typically calculated and charged. He said if staff knows that an ordinance is coming in or to be changed, they inform the applicant of the potential change. The Councilmember said then anything in effect before final plat would normally be charged with the application. Mr. Runkle said there was one exception having to do with preliminary plat procedures that does not allow new conditions to be imposed after the preliminary plat was approved. He said if a fee were instituted after a preliminary plat was approved, it could not be added as a condition. Councilmember Gustafson then asked the applicant if they were subdividing their property or had applied only for a building permit. Martin Schuetze said that they had applied for a building permit and were informed at that time that they would have to have the Page 8/EAGAN CITY COUNCIL MINUTES December 18, 1990 property platted. He said because they platted the property they became subdividers and subject to the respective fees. In answer to a question from Mayor Egan, Councilmember Wachter said his motion had included a waiver of the water quality fees. Director of Public Works Colbert, asking for clarification, said if the motion passed, it was his understanding that it would require a special agreement for the future sanitary sewer installation, the dedication of an easement over the property, and a trail dedication fee but would waive the park dedication and water quality fees. Councilmember Wachter said that it was an accurate clarification of his motion. Mr. Colbert then said the agreement would become an exhibit to the development agreement and become a recordable document. Councilmember McCrea said that if waiver of the water quality fee was to be part of the motion, she would withdraw her second. She said she was doing so because she was concerned about the equitable implementation of the fees. Because he spoke in favor of the motion, Mayor Egan said he would second it. Wachter moved, Egan seconded a motion: 1) to approve a request from Trinity Lone Oak Church to waive the park dedication fee and the water quality fee and 2) to approve a waiver of Condition 6 of the preliminary plat relative to extension of the sanitary sewer service provided such service is guaranteed through the dedication of a utility easement. Mr. Eldon Morrison, the architect for Trinity Lone Oak Church said that he questioned the necessity of a final plat. Director of Community Development Runkle said that it has been a policy of the City with expansions and remodellings to use that opportunity to update the legal description as well as bring the property up to current development standards. Councilmember Pawlenty said he agreed with much that had been said, however, he too was concerned about the consistency of applying the water quality fee. He said the water quality fee was instituted to protect water quality by attempting to deal with the runoff from buildings or parking lots in the City. He said that rationale would apply to church buildings and parking lots as well as any other type. Councilmember Pawlenty said that he respected the viewpoint that this was one of Eagan's oldest landmarks, however, on balance, he would oppose the motion as it was currently structured. Mayor Egan then called the vote. Aye: 2 Nay: 3 (Gustafson, McCrea, Pawlenty) Gustafson moved, McCrea seconded a motion: 1) to approve a request from Trinity Lone Oak Church to waive the park dedication fee, 2) to approve a waiver of Condition 6 of the preliminary plat relative to extension of the sanitary sewer service provided such service is guaranteed through the dedication of a utility easement and 3) that all other fees shall be paid. Councilmember McCrea said that she would consider rebating a portion of the water quality fee to Trinity Lone Oak Church if the Council studied the issue regarding the equitable handling of the fee. Aye: 5, Nay. 0 COMPREHENSIVE GUIDE PLAN AMENDMENT /REZONING MULTI FAMILY RESIDENTIAL LAND STUDY, AREA D Mayor Egan introduced this item as a comprehensive guide plan amendment, City of Eagan, Area D, multi family residential land study, to change the land use designation of approximately nine acres from D -III mixed residential (6 12 units per acre) to D -I single family residential (0 3 units per acre) and the rezoning Page 9/EAGAN CITY COUNCIL MINUTES December 18, 1990 of approximately nine acres from R -3 townhouse residential to R -1 single family residential for property located west of I -35E and south of Lemay Lake in the northwest and southwest quarters of Section 10. City Administrator Hedges said that this item was part of the comprehensive R-4 study. He said a public hearing was held June 26, by the Advisory Planning Commission and then sent to the City Councillor their September 4,1990 meeting. Mr. Hedges said a number of questions were raised and legal clarification was requested from the City Attorney. The Advisory Planning Commission again reviewed the issue and it was now before the City Council for action. Mr. Hedges said that a legal interpretation of the issues involved were included in a memo prepared by Mike Dougherty of the City Attorney's office. Mr. John Klein spoke on behalf of Area D property owners, Karl Olson and Dick Berger. He said the present zoning was a legitimate and proper use of the property. Mr. Klein said that it was Mr. Dougherty's interpretation that if the zoning was taken from this property, then compensation had to be given to the property owners in return. Mr. Klein went on to say that a number of agreements had been made and the City was responsible for upholding their end of the bargain by reaffirming the existing zoning. Councilmember Gustafson said the present zoning was R -3 and R-4 for the property and asked Mr. Klein if the property owners were open to making all of the property R -3. Mr. Klein said that there was no plan to bring in a lower zoning. He said the future developer of the property would in all probability build all townhouses. He said that the demand for higher density development has declined, however, he had seen demands change in the City before. In answer to a question from Mayor Egan, City Attorney Sheldon said there was no conditional zoning in the State of Minnesota that would require conditions as a part of the zoning. Mayor Egan said in other words, the City had exacted something without having the right to request it. He then asked the City Attorney if the City was satisfied with the interpretation of the events and Mr. Sheldon said the City had no reason to dispute them. Wachter moved, Gustafson seconded, a motion to withdraw a comprehensive guide plan amendment for Area D, City of Eagan, multi- family residential land study changing the land use designation of approximately nine acres from D -III mixed residential (6 12 units per acre) to D -I single family residential (0 3 units per acre) and to withdraw a rezoning of approximately nine acres from R -3 townhouse residential and R-4 multiple residential to R -1 single family residential as presented for property located west of I -35E and south of Lemay Lake in the northwest and southwest quarters of section 10. Aye: 5, Nay: 0. CONDITIONAL USE PERMIT /SAFETY KLEEN /OUTDOOR STORAGE Mayor Egan introduced this item as a conditional use permit for Safety Kleen to allow outdoor storage in a light industrial district on Lots 3 and 4, Block 1, Sibley Terminal Industrial Park located in the southeast quarter of Section 8. He said it was his understanding that the item was to be continued. Pawlenty moved, McCrea seconded a motion to continue the conditional use application for Safety Kleen to the January 3, 1991 regular City Council meeting. Aye: 5, Nay. 0. REIMBURSEMENT REQUEST/VARIANCE FEES /BRIAN BEBEL Mayor Egan introduced this item as a request for a refund of variance fee for Brian Bebel for a 30' variance to the 50' shoreline setback on Lot 42, Block 1, Duckwood Estates, northeast quarter of Section 15. City Administrator Hedges said that a request had been received from Mr. Brian Bebel for reimbursement of his variance application fee relative to a variance application which was considered and denied by the City Council at its May 17, 1990 meeting. Mr. Hedges said that Mr. Bebel was informed that the Council would be willing to consider a variance for a specific house plan without submission of additional fees, but since Mr. Bebel Page 10/EAGAN CITY COUNCIL MINUTES December 18, 1990 does not have an interested prospect for the property at this time, he would prefer that the application fee be refunded. For Council's information, City Administrator Hedges said the City does incur expenses with applications such as this for publication and preparation. Mr. Bebel said that he had sent the City a letter outlining the background and justification for his request for a refund. He said he understood that the City does incur expenses with these applications, but said if he had received proper information at the beginning, he would not have pursued the variance. He said if staff had properly informed him of the way to pursue his variance, his request would have been successful; however, he acted on the information he was given. Mr. Bebel said that initial comments by the City Council at the May 17 meeting, indicated immediately that the application would not be approved. He said he only needed a variance of 3 or 4 feet but was told by staff to go for 30 feet because you always ask for more than you need." He said he was never told to talk to his neighbors and would have done so and explained his request if he had been properly informed. Councilmember McCrea said she was not in support of Mr. Bebel's request for refund because staff had already spent a great deal of time on this application. The Councilmember said she would, however, consider a partial waiver if Mr. Bebel came in with another application. Mayor Egan said if procedures were miscommunicated to Mr. Bebel, then he apologized. He said that Bebel's application should have included at least a footprint of the house that was intended to be built on the property. As it was, Mayor Egan indicated that two neighbors had opposed Mr. Bebel's variance in addition to opposition from the DNR. Mayor Egan said the Council acted prudentary and the minutes indicate that if Mr. Bebel came back with a more complete request, the City Council would waive any additional fees. Wachter moved, McCrea seconded a motion to deny a request for reimbursement of a variance application fee from Mr. Brian Bebel. Aye: 5 Nay: 0 PRELIMINARY PLAT EXTENSION /STRYKER ADDITION Mayor Egan introduced this item as a preliminary plat extension for the Stryker Addition, located along Beau De Rue Drive and Rahn Road in the northeast quarter of Section 19. Gustafson moved, McCrea seconded a motion to approve a one year preliminary plat extension for the Stryker Addition location on Beau De Rue Drive and Rahn Road in the northeast quarter of Section 19 subject to the plat conditions as modified: 1. All applicable standard plat conditions shall be adhere to. 2. A survey of the residual unplatted area shall be submitted with the final plat submission for the parcel file. 3. Cross ingress /egress and parking easements shall be submitted with the final plat. 4. Setbacks in the parking lot will be allowed to remain as is with a new poured in place concrete curb and sealcoating, patching, and restripping. 5. The current overgrown shrubbery shall be trimmed, removed or replaced. Understory trees and shrubs should be planted to screen the parking area. Page 11/EAGAN CITY COUNCIL MINUTES December 18, 1990 6. The trash containers should be enclosed in a structure attached to the building and constructed of similar materials as the building. The back wall and the air conditioning units should be covered and the ice cooler should be removed. 7. The liquor store lot should be cleaned, the weeds removed and it should be either seeded or sodded. 8. The adjoining parking lot shall be sealcoated, patched,a nd restripped. Aye: S Nay: 0 PRELIMINARY PLAT /CONDITIONAL USE PERMIT CLIFF LAKE CENTER 2ND ADDITION Mayor Egan introduced this item as a preliminary platfor the Cliff Lake Center 2nd Addition/RHC Associates Joint Venture I, consisting of one lot on approximately 1.2 previously zoned CSC (Community Shopping Center) acres within the Eagan Hills West Planned Development, and a conditional use permit to allow a bank with drive -thru tellers located along Cliff Lake Drive in the southwest quarter of Section 29. City Administrator Hedges said that this item was first considered by the Advisory Planning Commission at their October 23, 1990 meeting and they had recommended denial. The City Council considered the request at their November 20 meeting and a number of issues were raised regarding drive -thru lanes, parking stalls, impervious surface and a pylon sign. He said staff has worked with the developer and resolved these issues. Director of Community Development Runkle wished to point out that the issue of the pylon sign had resulted in RHC Associates submitting an application for a pylon sign to be processed at another meeting. Mr. Runkle said that agreement had been reached on all other issues relating to this application. Councilmember Gustafson asked the Director of Community Development what the dimensions were of the parking stalls. Mr. Runkle said they had all been increased to 10 foot widths. In addition, Mr. Runkle said the bank had agreed to a maximum of five drive -thru lanes, including the ATM lane and six parking stalls near the exit area were proposed to be eliminated. He said these changes would in turn reduce the impervious surface for the project from 58 percent to 52.05 percent. He said this was essentially a much better plan. Councilmember McCrea then asked why there were no fees included for water quality with the preliminary plat and asked how the developer was fulfilling that obligation. Director of Public Works Colbert said that a pond had been constructed with an earlier phase of the development to handle the entire ultimate runoff from the property. Mr. Colbert said there were three ways to satisfy water quality fee requirements and that was through land dedication, cash dedication or a combination of the two. Mr. Colbert said that the Cliff Lake Center had constructed a pond which was more than adequate to handle 100 percent of the runoff from this development. Councilmember McCrea asked if the developer would pay a quarterly fee and Mr. Colbert said as user fees only. Wachter moved, McCrea seconded a motion to approve a preliminary plat for Cliff Lake Center 2nd Addition /RHC Associates Joint Venture I, consisting of one lot on approximately 1.2 previously zoned CSC (Community Shopping Center) acres within the Eagan Hills West Planned Development subject to the following conditions as modified: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, C1, C2, C4, Dl, El, Fl, and H1. LIU Page 12/EAGAN CITY COUNCIL MINUTES December 18, 1990 2. The City, the DNR, and RHC Associates shall enter into a restrictive environmental covenant agreement should the impervious surface of Lot 1, Block 1, Cliff Lake Center 2nd Addition exceed 42.017 percent. 3. On -site parking stalls shall be approved as per the plan dated December 7, 1990. 4. Drive -thru lanes shall be approved per the site plan dated December 7, 1990. 5. A maximum of five drive -thru lanes, including the ATM lane, shall be allowed. 6. All trash and recycling containers shall be stored inside or outside in a trash enclosure attached to the building and made out of the same materials as the main building. 7. Lift top mechanical equipment shall not be visible from the street. 8. All signage shall meet sign code regulations and be subject to the one time sign fee of $2.50 per square foot. 9. The site shall be allowed one monument sign. Councilmember Gustafson wished to make a comment regarding "shoe horning The Councilmember said he was familiar with this development and while it was smaller, his only concern would be with other new developments wishing to be placed in a small area. Mayor Egan said it was important to understand that the changes had substantially reduced the intensity of the development. He said there has been a reduction in impervious surface, drive -thru lanes, and he was far less concerned than when the item was before the Advisory Planning Commission. Gustafson moved, Egan seconded a motion to approve a conditional use permit to allow a bank with drive -thru tellers located along Cliff Lake Drive in the southwest quarter of Section 29. Aye: 5 Nay. 0 (During the City Council break after the conclusion of Old Business, a petition was received from the residents of the Donnywood neighborhood regarding their agreement with a Comprehensive Guide Plan Amendment for Area D of the Multifamily Residential Study. It was not formally presented during the discussion of this item at the meeting.) 1991 CIGARETTE LICENSE RENEWALS After introduction by Mayor Egan, City Administrator Hedges said this item was for the consideration of the renewal of the 1991 cigarette licenses. He said because work sessions have had such heavy agendas, consideration of restrictions on vending machine sales of cigarettes had been continued. However, Mr. Hedges said that staff was leaning toward renewal of the present cigarette licenses and a study of the issue. Councilmember Pawlenty expressed a willingness to consider restrictions on the availability of tobacco to minors but because the agenda item was not properly noticed for that type of action, he was hesitant to take such action at this time. Councilmember Wachter said he was not in favor of vending machine sales of cigarettes and said a concerted effort should be made to place this subject on a special City Council agenda. Councilmember Gustafson said he was willing to consider approving the 1991 renewals and then devising an action plan sometime during 1991 to deal with the subject or delaying approval of the renewals with discussion Page 13/EAGAN CITY COUNCIL MINUTES December 18, 1990 of policy at a January workshop and action at a February Council meeting. The Councilmember said he was not willing to ban cigarette vending machines from all establishments at this time, because it would require overhead racks for over the counter sales. He said the renewals could be approved for six months, thus allowing the City Council to study the issue. Councilmember McCrea said the issue merited a lot of discussion. She suggested the Council approve those licenses ready for renewal with a Letter to the applicants telling them the City was studying the entire issue of availability of cigarettes to minors. Mayor Egan asked the City Attorney if the Council delayed approval of the renewals in order to discuss policy at a January workshop whether the applicants would be operating without a license. City Attorney Sheldon said the licenses require an annual renewaL He said it was an ordinance that could be amended without a public hearing at any time. The City Attorney said it would not be appropriate to just allow the licenses to expire without an extension or without withdrawing the ordinance. When asked by Mayor Egan how it could best be handled, City Attorney Sheldon suggested the existing licenses be extended to a date in the future. Councilmember Gustafson asked if the 1991 license renewals could be granted for six months. City Attorney Sheldon said the ordinance could be changed granting six month approval. Councilmember Pawlenty asked why the licenses couldn't be issued and then rescinded. City Attorney Sheldon said issuing the licenses for an entire year and then rescinding them could cause difficulty in the future. McCrea moved, Wachter seconded a motion to approve the 1991 cigarette license renewals as presented on December 18, 1990 with expiration to occur July 1, 1991 with a letter being sent to each of the license holders informing them that the issue of the vending machine sale of cigarettes would be studied in 1991. Aye: 5 Nay: 0 1991 PARK AND TRAIL DEDICATION Mayor Egan introduced this item as the 1991 park dedication and trail dedication requirements. City Administrator Hedges said that Dorothy Peterson, Recreation Supervisor; and Ken Vraa, Director of Parks and Recreation; were present to answer any questions. Councilmember Wachter said that the fees for homes were becoming so expensive that it was his recommendation that the single family fees be held to a maximum of $700. Mr. Vraa said that it had been an item of debate at the Advisory Parks Recreation meeting and the 3 1/2 percent increase had been a compromise. Wachter moved, McCrea seconded a motion to approve the Advisory Parks Recreation Commission recommendations for park and trail dedications for 1991 as follows: 1. Trails: Fees for 1991 remain the same as 1990. 2. Commercial /Industrial: Fees for 1991 remain the same as 1990. 3. Residential: Single Family $700 Duplex $621 Townhouse s553 Apartments/Multiple S559 Aye: 5 Nay: 0 1991 PARKS RECREATION FEES CHARGES Mayor Egan introduced this item as 1991 fees and charges for Parks Recreation. Director of Parks Recreation Vraa said the recommendations before the Council were those recommendations reached at the last Advisory Parks Recreation Commission meeting. Mr. Vraa said some changes had not been made in the kk. R P"7 �1� .l. Page 14/EAGAN CITY COUNCIL MINUTES December 18, 1990 fees for some time. He said there had been no percentage of increase across the board and each fee had been looked at individually. Councilmember Gustafson said he had no problem with the increases unless they would somehow reduce the requests for use. He said he would appreciate feedback from the Parks Recreation Department during the year regarding these increased fees. Director of Parks Recreation Vraa said it was the wish of the Advisory Parks Recreation Commission that the fees not reach the point where groups would not be able to use the facilities. Gustafson moved, Wachter seconded a motion to approve the recommended fees and charges for the City of Eagan's parks facilities and programs as presented. Aye: 5 Nay. 0 PRELIMINARY PLAT /DIFFLEY COMMONS ROTTLUND HOMES Mayor Egan introduced this item as a preliminary plat for Diffley Commons/Rottlund Homes, consisting of a total of 208 units on approximately 27.6 R-4 (multiple) acres located along the north side of Diffley, east of Rahn Road in the southwest quarter of Section 20. City Administrator Hedges said that this item had been considered at the November 27, 1990 Advisory Planning Commission meeting and they had recommended approval. He said because the Advisory Parks Recreation Commission had not yet considered the item and would not until their January 10, 1991 meeting, it was recommended that the City Council continue this item to the January 15, 1991 City Council meeting or make any approvals subject to APRC action. Mayor Egan said it was common to approve preliminary plats subject to Advisory Parks Recreation Commission action and asked Director of Parks Recreation Vraa if there was anything unusual about this item. Mr. Vraa said one of the concerns the APRC had was the lack of green space in the development. Because the development was now the property of Rottlund Homes, Mr. Vraa said the developer had looked at some changes but was willing to work with staff regarding these changes. Councilmember Gustafson asked Mr. Vraa if the City Council took action on the plat subject to 200 square feet of green space per unit whether compliance could be taken care of in the final plat phase. Mr. Vraa said if the 200 square feet per unit were going to be split up, there would be no value from a park perspective. Mr. Vraa said they would prefer a larger area for people to utilize. Councilmember Pawlenty said that the plat looks in order, however, he did not feel comfortable approving 200 square feet of green space per unit subject to staff review if the staff was not comfortable with the arrangement. Wachter moved, Pawlenty seconded a motion to continue the preliminary plat for Diffley Commons to the January 15, 1991 regulai City Council meeting. Mr. Todd Stutz of Rottlund Company said his company had one problem with the City Codes's definition of what constituted green space. He added that the final plat could make certain that his company met the requirements of the APRC. Aye: 5 Nay: 0 NE RMA MILITARY /ACTIVE DUTY POLICY After introduction by Mayor Egan, City Administrator Hedges said that after concerns were raised by Councilmember McCrea, staff was directed to study options for discussion regarding a possible change in the Page 15/EAGAN CITY COUNCIL. MINUTES December 18, 1990 military/active duty policy of the City. He said a memo was included with the City Council's information which attempted to address that direction. Mr. Hedges said additional considerations for the Council would be budget constraints, what other cities are doing, and any legal requirements. Councilmember McCrea thanked staff for their research but said she almost felt she should come to a different conclusion. She said because two individuals had been called to active duty, their pay was substantially reduced even though their salaries had been budgeted for a year. In addition, the Councilmember noted that other cities were not doing anything era for such employees. The Councilmember said it was her suggestion that the City Council look at Option #4, which was to make up a percentage of the difference in pay and contribute the City's share of family health coverage if the employee wished that to be done. She said the policy could be implemented when an employee was called to active duty and suggested that the City pay at least 50 percent of what the employee would normally receive. Councilmember Wachter asked if policy would include draftees. Councilmember McCrea said she would recommend that the policy be reconsidered if this draft were instituted. She said it was her original intent to look at the issue because she does not believe in the draft and said the City should support those who do volunteer. Councilmember Wachter said the protection of the City was also important and it had been his intent to use any money not spent, for the hiring of an additional officer who then would not have to be laid off in the spring when the officers returned. He said he was very much in favor of continuing the health care coverage. Mayor Egan said the Army Reserves had replaced the draft for a quick and ready mobilization of troops similar to the draft. He said the City was like any employer whose employees had been called to active duty and saw significant ramifications to a policy change because of the possibility of the draft being reinstated. He said there could be significant precedent problems. Mayor Egan said, however, that he would support Councilmember Wachter's suggestion. Councilmember Gustafson said he favored Option #3 which would make up the entire difference in pay for the employee and continue the City's share of family health insurance contributions. He said it should be limited to those City employees who had voluntarily signed up for the Reserves and would not cover a draft situation. The Councilmember said he believed the City should make up the entire difference in pay versus 50 percent. He suggested that perhaps the officers could be replaced on a temporary basis. Mayor Egan said at a time of trying to certify our Police Department, he would be opposed to hiring a temporary sworn police officer. Councilmember Pawlenty asked Chief of Police Geagan if these officers' absence until spring would seriously hamper the day -to-day operations of the Police Department. Chief of Police Geagan said some changes had already been made and more overtime would have to be authorized. He said that if the country went into an economic recession, it would have a greater impact on the Police Department because they see more activity during such times. Councilmember Pawlenty then asked the City Attorney if the City Council approved this type of financial aid, whether they would subject themselves to a legally binding precedent with future employees asking for the same type of assistance. City Attorney Sheldon said he did not think there was any question that if assistance were given now, employees in the future would claim it also. He said it didn't mean they were entitled to such assistance but he believed that would be their claim. He said if it was the City Council's intent to deal with these specific people, they would be on legally sufficient ground if the resolution were made very dear that these were the only persons the Council was dealing with. He said it would not prevent future claims and he could not predict how a judge would rule on a such a claim, but he did not believe the City would be legally bound if the resolution was made very clear. Councilmember Pawlenty said he did not think it was fair for the Police Department to operate two men short indefinitely, but said he also did not think the employees who were making this commitment to their country should have to suffer. The Councilmember said he was in Page 16/EAGAN CITY COUNCIL MINUTES December 18, 1990 favor of Option 3 which would make up the entire difference in pay with continuance of the payment of the City's share of family health coverage. He suggested the situation be re- evaluated in 60 days and made clear that this is not a permanent City policy and only applies to two employees at this time and then only for a temporary period. In addition, he said it should be made clear that there was no binding intent as it related to changed circumstances or to a significant increase in the number of affected employees. Councilmember Gustafson then asked the number of Reservists that are presently on staff. City Administrator Hedges said there were two and possibly three additional employees who could be called to active duty in the Reserves. The City Administrator asked if this policy would apply to anyone who might be called into the Reserves next week or only those two employees who are presently on active duty. Councilmember Gustafson said that the City Council would be consistent in saying it would impact all persons who are enlisted as members of the reserves as of December 18, 1990. He said if it would help with precedent and with budget considerations, it was his intent that the policy for partial payment would be in effect from the time the Reservist was called up until March 1, 1991 (or a similar date) at which point it could be re- evaluated or discontinued. Councilmember Pawlenty said he did not think the City could afford to pay the entire difference in pay for those employees called to active duty and replace them. He said if it appeared that the Police Department could not function without these two persons, it could be re- evaluated. Councilmember Wachter asked for an explanation of the Federal Government provision for mortgage payment protection and bill paying protection for the Reservists when they are on active duty. City Administrator Hedges said this was a program offered by the Federal Government and provides that if a Reservist makes a reasonable effort to pay his /her bills while on active duty, then the Federal Government would insure that they do not, for instance, lose their homes and provides a reasonable period of time once the reservist returns to civilian life to reinstate their payments. Councilmember Wachter then asked about the possibility of the State legislature making an adjustment for PERA while the Reservist is on unpaid leave. City Administrator Hedges said it was being explored by the League of Minnesota Cities. Councilmember Wachter said the Police Department was going to be two persons short and he would be in favor of approving replacements for those persons. Mayor Egan agreed and added that he was uncomfortable with developing policy that would only apply to two individuals and exclude anyone else who would join the Reserves in the future. He said the City should either adopt a policy that is universal and uniform that is fair and equitable to everyone or recognize that this was a policy that was limited to two individuals. He said such a policy had no precedent and he knew of no other City or employer that had done anything similar. Mayor Egan said he empathized with these employees, however, he did not believe the ramifications of the action were in the City's best interest. Councilmember Pawlenty acknowledged points made by the Mayor, however, because of the extraordinary circumstances that prompted the action and the magnitude and uniqueness of the problem, he said it called for flexibility on the part of the City. Councilmember Gustafson said he could see making the policy universal to include any volunteer Reservist on the payroll called to active duty and would suggest a specific time frame on the policy, such as, from the point of call up to March 1, 1991. City Administrator Hedges said that in light of budget cuts in 1991 and the likelihood of cuts occurring again in 1992, the Council may wish to consider the use of the fund balance which was established to protect the City from emergencies. He said in this instance, the City may have to draw funds from the fund balance to possibly hire replacements, to fund all or a portion of the difference in wages, or a combination of those actions. Councilmember Pawlenty asked Chief of Police Geagan bow many officers could be expected to be gone during the peak vacation season in the summer. Chief of Police Geagan said the Department maintains a four car minimum, meaning that at any point in time during the day there are at least four cars on the street. He said because of this issue, on some of the slower days and at some of the slower times, the Department will be going to a three car minimum. He said they will probably replace the two officers with overtime personnel in addition to curtaining vacation use. Chief of Police Geagan said he would also suggest that the City Council Page 17/EAGAN CITY COUNCIL MINUTES December 18, 1990 carefully consider the hiring of any part -time officers. He said there is a tremendous civil liability with police work and he would be very reluctant to hire a part-time employee. He said temporary employees would be a possibility. Councilmember Gustafson recommended that the City look at the mechanism for paying either 50 percent or 100 percent of the difference in pay for those called to active duty and identifying the fund source and then bring it back to the next meeting for discussion. He said in view of budget constraints, it would be helpful to know exactly what amount of dollars are involved. Councilmember Pawlenty agreed saying he would like to see this policy then applied to anyone currently registered or enrolled in the Army Reserve and would cover that period between the date of enactment, December 18 to March 15, 1991. He added that it would also be the stated intent of the Council to re- evaluate the policy at the end of that time. The Councilmember said it might not help the City to replace these officers as it takes between three and six months to bring an officer on -line. Chief of Police Geagan said the Department is presently in the process of hiring a Community Services Officer and, if permitted to hire replacements, it would probably be mid -April before a replacement was ready to start. Councilmember Pawlenty then suggested a dual track approach, suggesting that the Chief of Police make contingency plans to bring on more officers. Police Chief Geagan said because the requirements for a CSO are the same as for an officer, they have gone about as far in the process as they can go. He said they are at the point now where the position must be offered to someone before they can proceed any further. Councilmember Gustafson said it was possible that those officers who are on active duty could be back in 60 days and that any employment should be offered conditionally. Mayor Eagan said it would probably dilute the quality of applicants if the position were 60 days versus a life -time position. Councilmember McCrea brought up the point that a position was not normally filled when someone was on a leave of absence and suggested a contingency plan to fill the void. McCrea moved, Pawlenty seconded a motion to compensate the two employees presently on active duty, in addition to three other employees who are currently in the Reserves and could potentially be called to active duty, at 100 percent of the difference in pay between their City salary and military salary and continue to contribute the City's share of family health coverage, if the employee wishes this to be done, with a time line ending March 1, 1991. The motion further stated that on March 1, 1991 the policy would be re- evaluated in light of new developments or circumstances, including the demand for additional City employees being called for this type of service, the impact on the City's budget and the needs of the various departments of the City. Mayor Egan indicated he would vote against the motion as being too arbitrary. Aye: 3 Nay: 2 (Wachter and Egan) IADMINISIUTIVEAGEND COUNCIL /STAFF RETREAT City Administrator Hedges said that a Council/Staff retreat had been included in the budget for 1991 and asked the Council for feedback regarding this retreat. After discussion regarding the use of outside facilitators and locations, discussion was closed with no formal action taken on the item. 1991 FEE SCHEDULE CORRECTIONS Gustafson moved, Wachter seconded a motion to approve the corrections to the 1991 fee schedule as listed in a memorandum from Finance Director /City Clerk VanOverbeke (See Exhibit C). Aye: 5 Nay: 0 Page 18/EAGAN CITY COUNCIL MINUTES December 18, 1990 CONSTRUCTION OF FOOTINGS/FOUNDATION PRIOR TO FINAL PLAT APPROVAL TOWN CENTRE 100 NINTH ADDITION After introduction by Mayor Egan, City Administrator Hedges said the City had received a request from the developers of Town Centre 100 Ninth Addition for a footings and foundation permit prior to final plat approval. He said staff had been protective of such requests in the past because they found that when a footings and foundation permit was approved before final plat, building permits had not been processed in a timely manner. City Administrator Hedges said there had been three exceptions to this policy and they were: Eagan High School, Northwest Airlines Addition and West Publishing. He said the applicant had the right to request the permit, however, it was anticipated that the final plat would be ready by the January 3, 1991 regular City Council meeting. Mayor Egan said that since the reason for this project was a State mandated policy, the City had sufficient grounds for approving the request. Councilmember Wachter said the mandated program did not begin until July and asked if the building would take that long to construct. Mr. Rich Kubik, the Operations Manager of Systems Control, said that right now the applicant was looking at a 120 day building cycle and with winter coming on, they were trying to get ahead as a week or two now could save a month or a month and a half later on. Councilmember Wachter said he could not see the urgency with a full six months to complete this relatively small facility. Councilmember Gustafson asked Mr. Kubik if a denial of the footings and foundation permit would delay the project. Mr. Kubik said it could and added that if approval was received, they could have the footings and foundation in by January 3. Due to existing policy, Wachter moved, Egan seconded a motion to deny a request from the applicant of the Town Center 100 Ninth Addition to begin construction of the footings and foundation prior to final plat approval. Aye: 5 Nay: 0 CHECKLIST Wachter moved, Egan seconded a motion to approve the checklist dated November 20, 1990 for $2,893,26235 and the checklist dated December 18, 1990 in the amount of S1,451,102.33. Aye: 5 Nay: 0 ExEcirrwt 1 I NfADJO RNME T The City Council adjourned the regular meeting to an executive session to consider attorney /client privileged information at 10:40 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and Wachter, City Administrator Hedges and City Attorney Sheldon. The executive session was adjourned at approximately 11:25 p.m. CITY OF EAGAN E. J. C Overbeke, City Clerk KF EXHIBIT A 1991 COMPENSATION BENEFIT ADJUSTMENTS a. A 4% increase adjustment will be made to the City's current compensation plan for all regular non collective bargaining employees, full and part-time. Not only is this the figure approved with the 1991 budget, the staff has also surveyed other comparable municipalities and the vast majority have passed or are planning a 4% increase for their employees. In addition, it is consistent with the compensation settlement the City has reached with the clerical bargaining group. b. Election judges' compensation shall be $5.00 for judges and $5.50 for precinct chairs. This is the figure from the 1991 budget. c. The City's contribution for health insurance premiums for 1990 to be the total premium for employee only coverage or $262.76 for employee plus dependent coverage for those employees choosing such coverage. This amount is an increase over the 1990 amount of half of the lowest percentage increase of any provider. The lowest percentage increase was 14.5 Therefore, the $262.76 figure is an increase of 7.25 This is also the amount approved with the clerical bargaining agreement. d. Car allowances for those employees receiving same will increase at 4% to be consistent with compensation increases. e. The City's mileage rate will be adjusted to correspond to that of the IRS, .26 per mile. f. 1991 compensation rates for seasonal and temporary employees are currently in the final stages of preparation for Council approval. Detailed information concerning these rates will be forwarded to the Council with the Administrative Agenda packet on Monday. g. All other benefits will remain at the 1990 level. i; r- 1. Aagard Environmental(comm) 875 N. Prior Ave. St. Paul, MN 55104 645 -1388 2. Action Disposal (comm) 4325 E. 66th St. Inver Grove Hts., MN 55076 455 -8634 3. Bloomington Sanitation 9813 Flying Cloud Dr. Eden Prairie, MN 55344 941 -5174 4. Buckingham, Inc. (comm) 5450 W. 126th St. Savage, MN 55378 890 -6441 5. City Clean -Up (comm) 2841 Burnside Ave. Eagan, MN 55121 454 -6768 7. Expert Disposal, Inc. 3131 Sibley Memorial Hwy. Eagan, MN 55122 688 -6666 8. Knutson Rubbish Service 14345 Biscayne Ave. Rosemount, MN 55068 423 -2294 9. Mendota Heights Rubbish 20700 Donnelly Ave. E. Farmington, MN 55024 437 -6786 10. Metro Refuse (comm) 8168 W. 125th St. Savage, MN 55378 890 -0861 EXHIBIT B 6. Dick's Sanitation Service (comm) 21338 Dodd Rd. Lakeville, MN 55044 469 -2239 CITY OF EAGAN 1991 REFUSE HAULER LICENSE RENEWALS 11. Nitti Disposal, Inc. (comm) 6639 Concord Blvd. Inver Grove Hts., MN 55076 451 -1421 12. Ken Oehrlein Sanitation 6963 Ideal Ave. S. (comm) Cottage Grove, MN 55016 459 -0120 13. Poor Richard's Inc. 400 Whitall St. St. Paul, MN 55101 776 -2323 14. Quality Waste Control 1901 W. 144th St. Burnsville, MN 55337 435 -3454 15. Roadway Rubbish /Eagan San. 2400 Dodd Rd. Mendota Hts., MN 55120 454 -7152 16. Triangle Services 1881 Lexington Ave. Mendota Hts., MN 55118 454 -1848 17. Valley Sanitation (comm) 15670 Cicerone Path Rosemount, MN 55068 423 -2992 18. Waste Management 12448 Pennsylvania Ave. S. Savage, MN 55378 890 -1100 19. Wildwood Sanitation (comm) Box 176 Newport, MN 55055 459 -7926 The corrections are as follows: EXHIBIT CORRECTIONS TO 1991 FEE SCHEDULE 1. The Comprehensive Storm Water Management Plan is listed at $50. Actually, there are two choices available and it should be listed as: Comprehensive Storm Water Mgmt Plan $50 (three -ring binder) $35 (spiral bound) 2. The rezoning application fee was incorrectly listed at $150 and should be $250 which is the 1990 rate to which no change was proposed. 3. The $200 escrow report required with the issuance of a temporary construction permit should be subject to the same $30 administrative fee as is the $200 deposit required to turn on water before satisfactory completion of all work. These two fees need to be consistent.