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02/05/1991 - City Council Regular AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING FEBRUARY 5, 1991 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. DEPARTMENT OF PARKS & RECREATION 1. APRC Recommendation/Official Naming of Three City Parks i,. t IV. 6:55 - CONSENT AGENDA (PINK) j e S A. PERSONNEL ITEMS (� B. LICENSES, Plumbers and Water Softener P f C. LICENSE, Refuse/Recyle Hauler r- 41% D. AMENDMENT, State Uniform Building Code Ordinance, Chapter 4 'e• E. PROCLAMATION, Volunteers of America Week, March 3-10, 1991 "Q•, CONSIDER, Real Estate Exchange Agreement/Authorize City to Execute Quit Claim Deed, eBlackhawk Park Access/Leo Murphy Property `c '51G. DECLARE Surplus Property/Authorize Sale, HP-150 Computer 10,H. RESOLUTION, City Code Amendment, Chapter 6, Garbage, Refuse, and REcycling Haulers, P' Redefine "Targeted Recyclables" I. PROJECT 89-D, Acknowledge Completion/Authorize City Maintenance (MWCC Meter Station - Watermain) (. 3� J. PROJECT 89-C, Acknowledge Completion/Authorize City Maintenance (Ridgehaven Acres Streets and Utilities) 10.K. PROJECT 89-AA, Acknowledge Completion/Authorize City Maintenance (Kingswood 4th 1.1 Addition - Streets and Utilities) n.3 L. PROJECT 88-SS, Acknowledge Completion/Authorize City Maintenance (Kingswood 2nd 1 Addition - Streets and Utilities) p i M. CONTRACT 89-13, Change Order #6 & #7 (Cliff Road Water Treatment Plant) 11 O N. CONTRACT 89-03, Change Order #2 (Maintenance Facility Expansion/Remodeling) IN` 0. FINAL PLAT, Town Centre 100 - Eighth Addition V. 7:00 - PUBLIC HEARINGS (SALMON) VI. OLD BUSINESS (ORCHID) VII. NEW BUSINESS (TAN) Yf 4 A. LICENSE, Wine and Beer, Apples Plus, Inc. , 1260 Town Centre Drive 4_l B. AMENDMENT, Ordinance, Chapter 6, Other Business Regulation and Licensing, Section 6.44 't REQUEST C. REQUEST for Refund, Variance Application Fee, Jim Koestering/Custom Energy Homes, ` • 12645 Florida Lane, Apple Valley ell). VARIANCE, Leroy Signs, Inc. , to Sign Requirement of One Sign Per Major Street ?. Frontage, Located at 3880 Sibley Memorial Highway (First Minnesota Building) . G�. CONDITIONAL USE PERMIT, RHC Associates Joint Venture I, to Allow a Pylon Sign Located on Lot 1, Block 1, Cliff Lake Centre 2nd Addition along Cliff Lake Drive North of Cliff Road in the SW 1/4 of Section 29 toll F. CONDITIONAL USE PERMIT, Kevin Mellon D.B.A. Magnum Towing, to Allow Outdoor Storage in a LI (Light Industrial) District on Lot 3, Block 1, Halley's 1st Addition Located g Biscaynvenue of Section 36 G. Along the EHENSIVE West LAND Side USE of GUIDE Pe ALAN MAP REPRINTin the, City SE 1/4 of Eagan, Update to January 1991 to 1) incorporate all land use designation amendments approved since August 1988, 2) refine land use boundaries to reflect actual development boundaries, and 3) include omissions and correction of errors on August 1988 map. VIII. ADDITIONAL ITEMS (GOLD) f). i 1 A. REQUEST to Use City Logo in Promotion of 1991 Special Olympic Games IX. ADMINISTRATIVE AGENDA (GREEN) R. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT • MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 1, 1991 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 5, 1991 CITY COUNCIL MEETING Ik:: 30PT AGENDA/APPROVE IdINUTES After approval is given to the February 5, 1991 City Council agenda, the January 15, 1991 regular City Council minutes and the January 8, 1991 Special City Council meeting minutes, the following items are in order for consideration: EPA E•MEENT HEAD BUSINESS A. DEPARTMENT OF PARKS AND RECREATION Item 1. APRC Recommendation/Official Naming of Three City Parks--The Advisory Parks and Recreation Commission has historically recommended official names for parks. The park name recommendations follow guidelines and suggestions of the APRC. These guidelines were established many years ago and contain naming criteria and a full check list for identifying possible name alternatives for review. Currently, the Advisory Park and Recreation Commission is recommending naming of three parks. These parks are Coventry Park, Wilimus property and Well Site Park. The names recommended by the Commission are Captain Dodd Par owning Park and Clear Water Park, respectively. Enclosed on pages through is a copy of a memorandum from Director of Parks and Recreation Vraa concerning these recommendations. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the renaming of Coventry Pass Park to Captain Dodd Park, of Willmus property to Downing Park and of Well Site Park to Clear Water Park. (If the Council does not approve the above recommended names for the parks, the Advisory Parks and Recreation Commission requests that the item be referred back to the Commission for further consideration of other park names.) 1 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR HONORABLE MAYOR AND CITY COUNCIL FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: JANUARY 18, 1991 RE: OFFICIAL PARK NAMES - COMMISSION RECOMMENDATIONS ISSUE This memorandum pertains to the official naming of parks currently identified as Coventry Pass Park, Willmus Property and Well Site Park. HISTORY The Advisory Parks and Recreation Commission has historically recommended official names for parks. The park name recommendations follow guidelines and suggestions of the Advisory Commission. These guidelines were established many years ago and contain naming criteria and a full check list for identifying possible name alternatives for review. Dick Carroll assumed the responsibility for chairing a sub-committee for reviewing park names. Mr. Carroll made a thorough review of the county records in terms of land ownership on the various parklands to see if any historical names might be suggested. Staff had identified the two new parks for official naming, these being Coventry Pass and • Willmus. Willmus is being developed in conjunction with the construction of the new Oak Ridge Elementary School scheduled to be opened September 1991. The Commission also added Well Site Park, which is a quasi-public utility and public park, and has never been officially named. With the construction of the new water treatment facility, the Commission wished to review the appropriate naming of this park area. a PAGE TWO JANUARY 18, 1991 PARK NAME RECOMMENDATION The Advisory Commission developed attention for each of the parks, and narrowed the selection to three choices for each. The Commission then selected and is now recommending their personal choice. 1. COVENTRY ADDITION: The Commission selected "Captain Dodd Park". This name was felt appropriate as it is named after Captain William Dodd, who first surveyed roads in Minnesota, and was primarily responsible for the Mendota Big Sioux Road, now known as Dodd Road. Captain Dodd, without waiting for congressional approval, gathered settlers and with a surveyor, organized a road building party in the Spring of 1853. Thereby the road from St. Peter to St. Paul was built. This park is in close proximity to Dodd Road, hence the name suggestion of Captain Dodd Park. The other name suggestions included Hickory Hill Park and Hidden Pond Park. These suggestions came from topographic features of the park. 2. WILLMUS ADDITION: The recommended name was "Downing Park". The first school in Eagan was taught by Michael Downing in the Winter of 1859 and 1860. The first school was actually located near Northview Elementary School. However, several Commission members felt that since this park is located adjacent to a school that the name of Downing Park might give recognition to the school teacher who first taught in Eagan. Other names considered were Blackstrap Park. 3. WELL SITE PARK: The Commission recommended Clear Water Park; this name has been suggested due to the clear water well and treatment plant, and a connotation of providing "clear water" to the community. There were numerous name suggestions for this park including Moccasin,Travis,Well Site, Aqueduct, Aquarius, Fresh Water and Water Works. 3 PAGE THREE January 18, 1990 SUMMATION The Advisory Commission reviewed numerous suggested names for three City parks. The Commission has recommended the following official names for each park: 1. Coventry Park - Captain Dodd Park 2. Willmus Addition - Downing Park 3. Well Site - Clear Water Park FOR COUNCIL ACTION The City Council is asked to approve the recommended names for the parks, and if not, please refer the individual parks back to the Commission for further consideration of other park names. KV/bls Agenda Information Memo February 5, 1991 City Council Meeting 11;QPIAMOMPAIL There are fifteen (15) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Leave of Absence Without Pay--Terry Gilsrud,Head Building Maintenance Worker, is currently on a leave of absence without pay due to a medical disability. The personnel policy requires that the City Council approve any leave of absence without pay over 30 days. This leave of absence without pay began on January 14, 1991. Mr. Gilsrud will be able to return to work on Tuesday, February 26, 1991. Therefore, it is necessary for the City Council to approve an unpaid leave of absence for Mr. Gilsrud through that date. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a leave of absence without pay for Terry Gilsrud until Tuesday, February 26, 1991. Item 2. Investigator/Drug Task Force--Due to the transfer of an investigator from the Drug Task Force to regular investigating duties at the City of Eagan. There is a vacancy for the Eagan representative on that task force. The opening was posted in the Police Department. An oral board was held for interested candidates on Tuesday, January 29, 1991. Persons on the board consisted of Lieutenant Meszaros, Assistant to the City Administrator Duffy and the current head of the Drug Task Force. The recommended selection of the officer to be named to the task force as an investigator was unanimous. Because of the nature of the task force duties, the City of Eagan has kept the name of the Police Department person on that task force confidential in the past and intends to continue to do so in the future. If any Council member wishes to know the name of the person so appointed to the Drug Task Force,that Council member should orally make that request of the City Administrator. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the unanimous choice of the review board for appointment to the Drug Task Force as the Eagan representative with the status of investigator. Agenda Information Memo February 5, 1991 City Council Meeting Item 3. Secretary/Police Department/Reorganization--With the retirement of the Manager of Support Services in the Police Department, the reorganization of part of the department was recently approved by the Council. As a part of that reorganization, duties performed by the Manager of Support Services were redistributed among several other positions. The TSP for the Secretary in the Police Department has been rerun to include those additional tasks and duties. As a result, and as expected, that position's comp rating has progressed from range E of the City's compensation plan to range F. This is entirely appropriate as all other secretaries at the City of Eagan are currently placed in range F (with the exception of the Secretary to the City Administrator/Mayor/City Council). ACTION TO BE CONSIDERED ON THIS ITEM: To approve the placement of the Secretary in the Police Department in range F of the City's compensation plan to be effective February 1, 1991. PLUMBERS/WATER SOFTENER LICENSES B. Licenses,Plumbers and Water Softener--City Code requires that all plumbers and water softener dealers operating in the City of Eagan be licensed. Enclosed on page is a copy of the list of plumbers who are to be considered for licensing in the City f Eagan. There is one water softener dealer, Milbert Company dba Culligan Water Conditioners, to be considered for licensing. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the plumbers' licenses and the water softener license as presented. 1 1991 PLUMBERS LICENSES FEBRUARY 5, 1991 AAA Abbott Plumbing & Heating Avoles Plumbers & Builders Bruckmueller Plumbing, Inc. Galaxie Mechanical Contractors, Inc. Gilbert Mechanical Contractors, Inc. J. Baars Plumbing & Heating Kelly Plumbing & Heating, Inc. Main Line Plumbing Matthew Daniels, Inc. McGuire & Sons Plumbing & Heating, Inc. Minnesota Mechanical, Inc. Nickelson Plumbing Northland Mechanical Contractors Nova-Frost, Inc. Nybo-Peterson Plumbing Co. , Inc. Sauber Plumbing & Heating Co. Scherer Plumbing Star Plumbing & Excavating Summit Plumbing Thompson Plumbing Corp. United Water & Sewer Co. . Valley Plumbing Co. , Inc. Williams Plumbing Agenda Information Memo February 5, 1991 City Council Meeting REFUSE/RECYCLE HAULERS LICENSE C. License, Refuse/Recycle Hauler—City Code requires that all refuse/recycle haulers operating in the City of Eagan be licensed. John Michael Feist III has applied for a refuse/ recycle hauler license with the City of Eagan for Mike's Disposal and Recycling, 19784 Kenrick Avenue, Lakeville, MN.This license will be subject to all requirements as indicated in the City Code. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a refuse/recycle hauler license for Mike's Disposal and Recycling of Lakeville, MN. 8 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 4 ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATION, INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARKS" BY AMENDING SECTION 4.01 REGARDING BUILDING CODE ADOPTION AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 4 .99 . The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 4 is hereby amended by changing Section 4 . 01 to read as follows: SECTION 4. 01. BUILDING CODE ADOPTED. The Minnesota State Building Code (SBC) , including: A. Chapter 1300 - Code Administration. B. Chapter 1301 - Certification and Continuing Education of Building Officials C. Chapter 1302 - Building Construction and State Agency Construction Rules DB. Chapter 1305 - 19885- Uniform Building Code including required provisions of Appendix Chapter 35. Ee-. Chapter 1315 - Electrical Code. • D. Chapter - 32" _`-r- d Related-Machines. Fe-. Chapter 1325 - Solar Energy Systems. GP . Chapter 1330 - Technical Requirements for Fallout Shelters. H6. Chapter 1335 - Flood Proofing Regulations. Imo. Chapter 1340 - Facilities for the Handicapped. - - _ . ► ati�rg - Y-- -ation-•C-ode. J. Chapter 1346 - Minnesota Uniform Mechanical Code 1990 Edition K Chapter 1350 - Manufactured Home Rules. Lid: Chapter 1355 - Plumbing Code. M . Chapter 1360 - Prefabricated Structures. NM, Chapter 1365 - Variation of Snow Loads. ON-. Chapter 1370 4215 Model Energy Code—Amendments-- Administrative Rule 7670; also, (1) 19885- Uniform Building Code Appendix, Chapter 1 - Life Safety Requirements for Existing Buildings, Chapter 7 - Covered Mall Buildings, Chapter 55 - Membrane Structures (air-inflated structures) , (2) Minnesota Plumbing Code Appendix C - Guide for Sizing the Water Supply System, Appendix D - Sizing the Building Water Supply System; and, (3) 6 MCAR, Sec. 4 .8040 - Individual Sewage Treatment Standards by the Minnesota Pollution Control Agency, are hereby adopted by reference as thought set forth verbatim herein. One copy of said Code shall be mar ed CITY OF EAGAN - OFFICIAL COPY and kept on file in the Protective Inspections Department and open to inspection and use by the public. \CD 1 Agenda Information Memo February 5, 1991. City Council Meeting STATE UNIFORM BUILDING CODE ORDINANCE AMENDMENT D. Amendment, State Uniform Building Code Ordinance,Chapter 4--Approximately every three years it is necessary to update the Eagan City Code to coincide with the updating of the State Uniform Building Code. Enclosed on page 10 is a copy of the proposed State Uniform Building Code Ordinance Amendment as recommended by Chief Building Official Reid and Assistant Chief Building Official Hanson. This ordinance amendment has been reviewed with the City Attorney's office. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the State Uniform Building Code Ordinance Amendment, Chapter 4, Eagan City Code. 9 r Agenda Information Memo February 5, 1991 City Council Meeting VOLUNTEERS OF AMERICA WEEK PROCLAMATION E. Proclamation,Volunteers of America Week, March 3 - 10, 1991--The City has received a request from Volunteers of America, Minnesota Chapter, to proclaim the week of March 3 - 10, 1991, as Volunteers of America Week in the City of Eagan. Governor Perpich, before he left office, proclaimed this week as Volunteers of America Week in Minnesota. For the Council's information, enclosed on page 12, is the copy of a letter from James E. Ho ,Jr.,president of the Minnesota Chapter of Volunteers of America. Enclosed on pages Mil is a copy of the proposed proclamation. ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim the week of March 3 - 10, 1991 as Volunteers of America Week in the City of Eagan. It •s p I :1; V O L U N T E E R S O F A M E R I C A MINNESOTA 5905 Golden Valley Road • Minneapolis,MN 55422 • (612)546-3242 January 17, 1991 JAN I The Honorable Thomas Egan Mayor of Eagan 3830 Pilot Knob Road Eagan, MN 55122 - ---- Dear Mayor Egan: Volunteers of America, one of this nation's and Minnesota's largest human service organizations, has been helping others for nearly 95 years. Volunteers of America Week is scheduled for March 3-10, which commemorates its founding on March 8, 1896. I am asking you to proclaim the week in our behalf. Your personal proclamation will be encouraging to those in the Eagan community who receive care through our services. Our dedicated staff and volunteers and the many people who help support our work through their financial contributions will be equally appreciative. Your interest and support makes a significant difference in the success of our organization. And, as you know, our success is measured through the lives of those we touch. I sincerely hope you will proclaim March 3-10, 1991 as Volunteers of America Week in Eagan and ask that you join us in celebrating our 95th year of service. Respectfully yours, ames E. Hogie, Jr. resident JEH/dc Enclosures P. S. Your proclamation will be duplicated along with other proclamations and/or congratulatory letters to be put in booklet form. A booklet commemorating our 95th birthday will be placed in the reception area of each program. PROCLAMATION CITY OF EAGAN VOLUNTEERS OF AMERICA WEEK MARCH 3 - 10, 1991 WHEREAS, Volunteers of America is one of this nation's and Minnesota's largest human service organizations; and WHEREAS, Volunteers of America has been helping others for nearly 95 years; and WHEREAS, the Volunteers of America was founded on March 8, 1896 in New York City, and less than four months later services began in Minneapolis; and WHEREAS, Volunteers of America has a 94 year histo ry of servin g people in need, regardless of their race, color or creed; and WHEREAS, the Volunteers of America currently operate the following services for people in Minnesota: Services for Adults and the Elderly: * Five homes for mentally disabled, mentally ill, chemically dependent, and/or elderly adults; * 43 congregate dining sites for senior citizens; * Home delivered meals for persons 60 years of age and over; * Semi-independent living services and supported living services programs for developmentally disabled adults. Services to Children in Need: * Programs serving autistic, autistic-like and/or developmentally disabled children and youth; * Program for boys with severe behavioral problems; * Children's emergency shelter; * In-home services and 55 foster treatment homes and correction group homes for emotionally/behaviorally disturbed children who may have a delinquency history; * A residential treatment center for emotionally handicapped boys. Correctional Services * Pre-release and work-release correctional programs serving men; * Women's jail, workhouse and work-release correctional facility. I 3 Services for Drug Free Neighborhoods * Support services for community programs funded in part by a grant.from Action. NOW, THEREFORE BE IT RESOLVED, that the Mayor and City Council of the City of Eagan hereby proclaim the week of March 3 - 10, 1991 as Volunteers of America Week in the City of Eagan. CITY OF EAGAN CITY COUNCIL By: Its Mayor From: Its Clerk Motion Made By: Seconded By: Those in Favor: Those Opposed: CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota in a regular meeting thereof assembled this 5th day of February, 1991. EJ. VanOverbeke, City Clerk City of Eagan 14 Agenda Information Memo February 5, 1991 City Council Meeting REAL ESTATE EXCHANGE AGREEMENT/BLACKHAWK PARK ACCESS. F. Consider,Real Estate Exchange Agreement/Authorize ity to Execute Quit Claim Deed, Blackhawk Park Access/Leo Murphy Property--There ias been previous considerable discussion concerning an access to Blackhawk Park through the Leo Murphy property. A Blackhawk Park access road real estate exchange agreement and a quit claim deed have been drawn up after considerable negotiations between the City of Eagan and Mr. Murphy. It is now appropriate to consider this item. For the Council's information, enclosed on pages 1 (4, through ( are the following: a-letter from the City Attorney's office to Administrative Secretary Finnegan, a copy of a letter to Mr. Murphy, a copy of the Blackhawk Park real estate exchange agreement (access road) and quit claim deed. ACTION TO BE CONSIDERED ON THIS ITEM: To consider the real estate exchange agreement and authorize the City to execute the quit claim deed regarding the Blackhawk Park access/Leo Murphy property. Ic SEVERSON,WILCOX& SHELDON, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW LARRY S.SEVERSON' KENNETH R.HALL JAMES PATRICK K WILCO 600 MIDWAY NATIONAL BANK BUILDING "`SCOTT D.JOHNSTON J. CHAEL DOCGH 7300 WEST 147TH STREET JOSEPH P.EARLEY MICHAEL E. MO LENDA Y APPLE VALLEY MINNESOTA 55124 LOREN M.SOLFEST MICHAEL E. MOLENDA•' (612) 432-3136 CHRISTINE M. SCOTILLO ANNETTE M. MARGARIT TELEFAX NUMBER 432-3780 DANIEL M. SHERIDAN ALSO LICENSED IN IOWA "ALSO LICENSED IN WISCONSIN OF COUNSEL: •••ALSO LICENSED IN NEBRASKA JOHN E.VUKELICH January 24, 1991 Karen Finnegan City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 RE: Blackhawk Park Access Agreement/Leo Murphy Our File No. 206-8216 Dear Karen: Pursuant to our telephone conversation of January 24, 1991, I enclose copy of the Blackhawk Park Access Road Real Estate Exchange Agreement and also a copy of the Quit Claim Deed which has been executed by Leo Murphy and his wife. For execution by the Mayor and Clerk, I enclose original and two copies of a Quit Claim Deed from the City of Eagan to the Murphys. As we discussed, this matter will be on the consent agenda for the February 5, 1991, Council meeting. The Council needs to approve the agreement and authorize the Mayor and Clerk to execute the Quit Claim Deed. I will be sending a letter to Leo Murphy informing him that the matter will be on the February 5, 1991 consent agenda. A copy of my letter to him is enclosed for your information. Thank you for your cooperation in this matter. If you should have a question, please feel free to contact me. Very truly yours, SEVERSON, WILCOX & SHELDON, P.A. ,1\ .t✓ti-V-- — Roxann S. Duffy Legal Assistant RSD/djk Enclosure cc: Steve Sullivan, City of Eagan 1 ( SEVERSON,WILCOX& SHELDON, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW LAI;RVS.SEVERSON* KENNETH R.HALL ..JAMES R PATRICK SHELDON WILCO 600 MIDWAY NATIONAL BANK BUILDING "'SCOTT D.JOHNSTON M CHAEL WILCOX* 7300 WEST 147TH STREET JOSEPH P.EARLEY MICHAEL E. DOLENDA Y APPLE VALLEY, MINNESOTA 55124 LOREN M.SOLFEST MICHAEL E. MOLENDA" CHRISTINE M. SCOTILLO (612) 932-3136 ANNETTE M. MARGARIT TELEFAX NUMBER 432-3780 DANIEL M. SHERIDAN ALSO LICENSED IN IOWA : F COUNSEL **ALSO LICENSED IN WISCONSIN JOHN O O COUNSEL •••ALSO LICENSED IN NEBRASKA January 24 , 1991 Mr. and Mr • Leo Murphy 1655 Mur y Parkway Eagan), 55122 RE: City of Eagan/Murphy - Blackhawk Park Access Agreement Our File No. 206-8216 Dear Mr. and Mrs. Murphy: This letter is to notify you that the above matter will be on the consent agenda for the February 5, 1991 Council meeting. It is not required that you attend this meeting. After Council approval of the agreement and execution by the City of the Quit Claim Deed, I will forward both Quit Claim Deeds to the Dakota County Recorder for filing. If you should have a question regarding this matter, please feel free to contact this office. Thank you for your cooperation in this matter. Very truly yours,- .. SEVERSON, WILCOX & SHELDON, P.A. Roxann S. Duffy Legal Assistant to Michael G. Dougherty RSD/djk cc: „Karen Finnegan, City of Eagan Steve Sullivan, City of Eagan BLACRHAWR PARR REAL ESTATE EXCHANGE AGREEMENT (ACCESS ROAD) AGREEMENT, a and entered into this /-5. day of �1.Ah y /WV ��. ate„ t .990; by an eftween LEO MURPHY and ARDELLE MURPHY, husband and wife, residing at 1655 Murphy Parkway, Eagan, Minnesota, hereinafter "Murphy" ; and the CITY OF EAGAN, a Minnesota municipal corporation, hereinafter "Eagan" . W I T N E S S E T H • WHEREAS, Murphy is the owner of certain real estate situated in the Dakota County, Minnesota described as Tax Parcel 10-02100-012-28 and in part of the Southwest Quarter of the Northwest Quarter (SW 1/4 NW 1/4) and Government Lot 2 , in Section 21, Township 27 , Range 23 ; and WHEREAS, Eagan is the owner of Blackhawk Park also situate in part of Government Lot 2 in Section 21, Township 27 , Range 23 , Dakota County, Minnesota; and WHEREAS, Eagan is desirous of acquiring an access for purposes of ingress and egress together with temporary construction easements across the said real estate of Murphy to connect said park with Murphy Parkway lying southerly thereof. Said Park access road across Murphy's property is more particularly described as follows: DESCRIPTION OF ROADWAY PARCEL: That part of the Southwest Quarter of the Northwest Quarter and of Government Lot 2 which lies southerly of the following described Line A, northeasterly and easterly of the following described Line B and southwesterly of a line 50. 00 northeasterly of, and parallel with, said Line B. All in Section 21, Township 27 , Range 23 , Dakota County, Minnesota. inning at the southwest Line A is described as beg thence easterly corner of said Government Lot 2 ,' to a poLot int on the east line of thelsoutheastecorner 2 distant 12.00 feet north thereof and said Line A there terminating. northeast B is described as commencing at the n Line Quarter of the Northwest corner of said Southwest degrees 35 minutes 33 Quarter; thence along the east line West, assumed bearing, along of beginning of thereof 613 .87 feet to the point 86.18 Line described; thence northerly Lent B to a non-tangential curve, concave to the feet along anon-tang of 245. 00 feet, a central east, having a radius and entl angle of 20 degrees 09 minutes 11 seconds egrees� 29 g of said curve bears North degrees minutes seconds West; thence North 00 deg minutes 02 tangent to said curve, a distance 3ofSe100. 64Efeet to a point hereinafter referred drrtdnce point A; thence continuing North 00 regre sd 35 m P 33 seconds East 40 . 00 feet; 35 minutes feet along a degrees 171. 66 having thence northwesterly tangential curve, concave to the southwest, having 53 tang of 185. 00 feet and a central angle point d a egrees radius minutes 48 seconds to degrees 09 to as Point B; thence North tangent to 52 hereinafter 34 minutes point 52 degrees 34 minutes 15 seconds West, on curve, a distance of 415. 52 feet to a the herein described Lin�e��nation thereof and westerly of the point of westerly said Line B there terminating. DESCRIPTION OF TEMPORARY EASEMENTS: under temporary construction easement over, r u u ter Tndether with a art of said Southwest Q r and across that part of said Government Lot 2 which lies Quarter and described Line A and lies Northwest Qof the herein southerly of and adjacent to the above described Line B.southwesterly easement is 5.00 feet in width from the point of temporary of said Line B to described oo beginning temporary easement and B.width Point A. Said points A the between the hereinbef ore described in width from temporary easement is Sint B to the point of termination hereinbef ore described P of said Line B. Together with a 5. 00 foot wide temporary construction easement over, under and across that part of said Southwest Quarter of the Northwest Quarter and of said Government Lot 2 which lies northeasterly of and adjacent to a line 50. 00 feet northeasterly of, and parallel with, the above described line B. The side lines of said temporary easements shall be lengthened or shortened to terminate on the east line of said Southwest Quarter of the Northwest Quarter and on the herein described Line A. Said parcel to be acquired contains 0. 664 acres more or less. Said temporary easements contain a total of 0.406 acres more or less. Said temporary easements expire December 31, 1992 . (See map of said parcel attached as Exhibit A-1) WHEREAS, Eagan is also the owner of certain real estate acquired from the State of Minnesota as excess right-of-way to 35E which real estate includes part of the former driveway area of the Murphy homestead to Deerwood Drive; which real estate is more particularly described as: DESCRIPTION OF A PORTION OF DRIVEWAY That part of the Southwest Quarter of the Northwest Quarter and of the North Half of the Southwest Quarter of Section 21, Township 27 North, Range 23 West, shown as Parcel 48 and 47A, respectively, on the plat designated as Minnesota Department of Transportation Plat Numbered 19-49 on file and of record in the office of the County Recorder in and for Dakota County, Minnesota, described as follows: Commencing at the west quarter corner of said Section 21; thence run southerly along the west line of said Section 21 on a grid azimuth of 179 degrees 18 minutes 47 seconds from North, Minnesota State Plane Coordinate System of 1927, South Zone, for 842 .84 feet to Right of Way Boundary Corner B4012 as shown on said Plat No. 19-49 ; thence on an azimuth of 25 degrees 41 minutes 40 seconds along the boundary of said plat for 208 . 88 feet 3112) to Right of Way Boundary Corner B29; thence northeasterly 698 .93 feet along the boundary of said plat on a non-tangential curve concave to the southeast, having a radius of 2566.83 feet, a delta angle of 15 degrees 36 minutes 05 seconds and a chord azimuth of 47 degrees 06 minutes 38 seconds to Right of Way Boundary Corner B30; thence continue northeasterly on the northeasterly extension of the last described curve (delta angle 03 degrees 23 minutes 09 seconds) for 151. 68 feet; thence on an azimuth of 313 degrees 14 minutes 41 seconds for 84 . 1 feet to the point of beginning of the land to be described; thence on an azimuth of 64 degrees 14 minutes 55 seconds for 372 .76 feet; thence on an azimuth of 7 degrees 03 minutes 09 seconds for 30. 00 feet; thence on an azimuth of 277 degrees 03 minutes 09 seconds for 226. 19 feet; thence southwesterly 260. 05 feet along a tangential curve concave to the southeast, having a radius of 246.48 feet and a delta angle of 63 degrees 46 minutes 55 seconds; thence on an azimuth of 145 degrees 14 minutes 09 seconds for 133 . 59 feet; thence on an azimuth of 90 degrees 26 minutes 21 seconds for 45.22 feet to the point of beginning. Contains 1. 369 acres more or less. (See map of said parcel attached as Exhibit B-1. ) WHEREAS, Murphy is desirous for personal and sentimental reasons of reacquiring the said driveway real estate; and WHEREAS, Eagan is willing to transfer said driveway real estate to Murphy together with other consideration hereafter described in return for the transfer to Eagan from Murphy of the Park access road as hereinbefore described. NOW, THEREFORE, in consideration of the transfers and other promises and covenants herein contained, it is agreed by and between the parties as follows: 1. Murphy hereby transfers and conveys to Eagan, the Park access road hereinbefore described pursuant to the copy of the Quit Claim Deed hereinafter attached as Exhibit "A-2" , which Deed shall be executed and delivered as hereinafter provided; and, at 2 . Eagan hereby transfers and conveys to Murphy, the driveway real estate hereinbefore described pursuant to the copy of the Quit Claim Deed hereinafter attached as Exhibit "B-2" , which Deed shall be executed and delivered concurrently with the above-described Deed as hereinafter provided; and, 3 . All Deeds shall be executed and delivered within thirty (30) days of the completion of all surveys required for the legal descriptions necessary thereon; and, 4 . All costs of construction of the park access road shall be borne by Eagan without chargeback or assessment therefore to Murphy or to the land lying adjacent to said road either at the time of construction or thereafter; and, 5. Murphy shall be granted a park dedication credit equivalent to the amount of land transferred to Eagan for said park access road which shall be credited to Murphy against future requirements for parkland dedication upon the development of Murphy's remaining land; and, 6. Murphy shall not be required to pay any additional consideration for the transfer of his former driveway real estate other than the transfer of the park access road real estate as herein before provided; and, 7 . Eagan shall at no cost to Murphy provide for culverts at grade under said park access road so as to provide natural drainage of Murphy surface waters along natural drainage routes; and, 8 . Murphy shall further be granted access to the lift station for sanitary sewer as presently serving the BLACKHAWK POND ADDITION Development. Nothing herein shall be construed however to prevent Eagan from issuing customary assessment and connection fees upon future development. 9 . Murphy and Eagan each acknowledge the resolution to their mutual satisfaction of the flooding and standing water concerns caused by culvert installation problems in the BLACKHAWK POND ADDITION Development; and, 10. Murphy shall be permitted access for up to three lots in the northwes t''. corner o%jO, i//t//Js p p ty from said park access road; a , /Y/ E*S7- p f y 11. Murphy be given the opportunity to take all wood from trees which are cut or destroyed in the construction of said park access road; and, _______ _ 12 . Eagan agrees to pull all fence posts and roll all fence wire necessary to construct said road and place said posts and wire on Murphy's land; and, 13 . Eagan agrees to mark all trees intended to be cut within the temporary easement area prior to commencement of construction of the park access road. 14 . This agreement shall bind the heirs, successors and assigns hereto. 15. The foregoing encompasses the entire Agreement of the parties. Dated the day and year first above written. pi's ! / LEO MURPHY Date h4744#/4, / I -1sA1 ARDELLE MURP Date �� CIT OF EAGAN L_ h -� "l /� / /BY: THO PS A:- EGAN Date - ITS: MayRF/ ■ 1 AA. k__ ..4-i 1-1s-q1 wok .. J. VanOVERBEKE Date I - : Clerk STATE OF MINNESOTA ) ss. COUNTY OF )9*074 ) The foregoing instrument was acknowledged before me this /-s day of .374/`)K gy , 199/, by LEO MURPHY and ARDELLE MURPHY, husband and wife. . A ,4.!_■\ ALAI,. .1..,_,2 ,=`'``� EUGENE J. VAN OVERBEKE Nota,y P � is 0,.. NOTARY PUBLIC-MINNESOTA DAKOTA COUNTY - My Commialon pnx Fob.$,toot c7)3 STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) On this ?"f'� day of I , 1999/, before me a Notary Public within and for said ' aunty, pea-onally appeared THOMAS A. EGAN and E. J. VanOverbeke t• me perso'llly known, who being each by me duly sworn, each did s. that to -y are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. d/tf":67(--/') / / de, .', s) DAKOTA C:U:JTY t N• tarp' ublic APPROVED AS TO FORM: (/://:// 14/A4 ?"4.4 .e4/L-, • y Attorney's Office •:ted: /---/_C--- %/ APPROVED AS TO CONTENT: ,e -. _K/ .4‘ Director of Parks & Recreation Dated: /"/.1s'- 2/ THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Bldg. 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 PJS 04 • w 28•M-OUIT CLAIM DEED Misseao a Uniform Conveyancing Blanks(1975) seen-pens Co..M.o.o.po n Just(s)to Corporation • ,ertnardlip No delinquent taxes and transfer entered;Certificate of Real Estate Value ( )filed ( )not required Certificate of Real Estate Value No. ,19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: ,19_ • (reserved for recording data) FOR VALUABLE CONSIDERATION, Leo Murphy and Ardelle Murphy. husband and wife ,Grantor(s), (marital status/ hereby convey(s)and quitclaim(s)to City of Eagan ,Grantee, a municipal corporation under the laws of Minnesota real property in Dakota County,Minnesota,described as follows: (See Description Attached as Exhibit A-2. ) ) (if more space is needed,continua on back) together with all hereditaments and appurtenances belonging thereto. Leo Murphy Tax Stamp r-ierc Ardelle Murphy STATE OF MINNESOTA U. COUNTY OF DAKOTA /1/1/1 • The foregoing instrument was acknowledged before me this day of 19.-_, by Leo Murphy and Ardelle Murphy • ,Grantor(s). NOTARIAL!TAMP oa SEAL(OR OTHER TITLE OR RANH) 1 SIGNATURE OP PERSON TARING ACKNOWLEDGMENT Tax Statements for Lim real property described to UM Instrument Mould be seat to(lnelude name and addrem of Grantee): --- City of Eagan THIS INSTRUMENT WAS DRAFTED SY(NAME AND ADDRESS):, 3830 Pilot Knob Road SEVERSON. WILCOX & SHELDON. P.A. P.O. Box 21199 600 Midway National Bank Bldg. Eagan, MN 55121 7300 West 147th Street Apple Valley. MN 55124 (612)432-3136 _ _ - ---- ---- — Exhibit P5 ' a 0 That part of the Southwest Quarter of the Northwest Quarter and of Government Lot 2 which lies southerly of the following described Line A, northeasterly and easterly of the following described Line B and southwesterly of a line 50. 00 northeasterly of, and parallel with, said Line B. All in Section 21, Township 27, Range 23, Dakota County, Minnesota. Line A is described as beginning at the southwest corner of said Government Lot 2 ; thence easterly to a point on the east line of said Government Lot 2 distant 12.00 feet north of the southeast corner thereof and said Line A there terminating. Line B is described as commencing at the northeast corner of said Southwest Quarter of the Northwest Quarter; thence South 00 degrees 35 minutes 33 seconds West, assumed bearing, along the east line thereof 613 . 87 feet to the point of beginning of Line B to be described; thence northerly 86. 18 feet along a non-tangential curve, concave to the east, having a radius of 245. 00 feet, a central angle of 20 degrees 09 minutes 11 seconds and the chord of said curve bears North 09 degrees 29 minutes 02 seconds West; thence North 00 degrees 35 minutes 33 seconds East, tangent to said curve, a distance of 100. 64 feet to a point hereinafter referred to as point A; thence continuing North 00 degrees 35 minutes 33 seconds East 40. 00 feet; thence northwesterly 171. 66 feet along a tangential curve, concave to the southwest, having a radius of 185. 00 feet and a central angle of 53 degrees 09 minutes 48 seconds to a point hereinafter referred to as Point B; thence North 52 degrees 34 minutes 15 seconds West, tangent to said curve, a distance of 415. 52 feet to a point on the herein described Line A distant 421. 66 feet westerly of the point of termination thereof and said Line B there terminating. DESCRIPTION OF TEMPORARY EASEMENTS: Together with a temporary construction easement over, under and across that part of said Southwest Quarter of the Northwest Quarter and of said Government Lot 2 which lies southerly of the herein described Line A and lies southwesterly of and adjacent to the above described Line B. Exhibit A-2 . 1 a(cfr Said temporary easement is 5. 00 feet in width from the point of beginning of said Line B to the hereinbefore described Point A. Said temporary easement is 30. 00 feet in width between the hereinbefore described points A and B. Said temporary easement is 20.00 feet in width from the hereinbefore described point B to the point of termination of said Line B. Together with a 5. 00 foot wide temporary construction easement over, under and across that part of said Southwest Quarter of the Northwest Quarter and of said Government Lot 2 which lies northeasterly of and adjacent to a line 50. 00 feet northeasterly of, and parallel with, the above described line B. The side lines of said temporary easements shall be lengthened or shortened to terminate on the east line of said Southwest Quarter of the Northwest Quarter and on the herein described Line A. Said parcel to be acquired contains 0. 664 acres more or less. Said temporary easements contain a total of 0. 406 acres more or less. Said temporary easements expire December 31, 1992 . ;D:1 ,a041—QUIT CLAIM DEED Mlon000ta UsUona Cosveraseb,a clanks(1978) INM•«^r Co.Mnmapo o d ation or Parp.rship odividual to) No delinquent taxes and transfer entered;Certificate of Real Estate Value ( )filed ( )not required Certificate of Real Estate Value No. ,19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: ,19 CO (reserved for recording data) • FOR VALUABLE CONSIDERATION, City of Eagan ,a municipal corpotatlunderthelawsof Minnesota ,Grantor,hereby conveys and quitclaims to Leo Murphy and Ardel le Murphy ,Grantee(s), real property in Dakota County,Minnesota,described as follows: (See Description Attached as Exhibit B-2. 1 ) (if mote some is needed,continue on back) together with all hereditaments and appurtenances belonging thereto. City of Eagan Affix Deed Ta., Slam):tiers By. Its By. Its STATE OF MINNESOTA as. COUNTY OF DAKOTA The foregoing was acknowledged before me this day of • ,19_ , by and the and of ,a under the laws of ,on behalf of the NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANX)1 SIGNATURE 01,?WON TAKING ACKNOWLEDGMENT Tax atatereots for Um twl property deserlbed b t1M SuMment could be mat to(holedo aa.e sod odds..of Oranta.): Leo Murphy and Ardelie Murphy --- - -- ------ 1655 Murphy Parkway -THIS INSTRUMENT WAS DRAFTED sY(NAME AND ADDRESS): Eagan, Minnesota 5 5 1 2 2 'SEVERSON. WILCOX & SHELDON. P.A. `600 Midway National Bank Bldg. 7300 West 147th Street :Apple Valley, MN .(612)432-3136 PJS 9 Exhibit r DESCRIPTION OF A PORTION OF DRIVEWAY That part of the Southwest Quarter of the Northwest Quarter and of the North Half of the Southwest Quarter of Section 21, Township 27 North, Range 23 West, shown as Parcel 48 and 47A, respectively, on the plat designated as Minnesota Department of Transportation Plat Numbered 19-49 on file and of record in the office of the County Recorder in and for Dakota County, Minnesota, described as follows: Commencing at the west quarter corner of said Section 21; thence run southerly along the west line of said Section 21 on a grid azimuth of 179 degrees 18 minutes 47 seconds from North, Minnesota State Plane Coordinate System of 1927, South Zone, for 842 . 84 feet to Right of Way Boundary Corner B4012 as shown on said Plat No. 19-49; thence on an azimuth of 25 degrees 41 minutes 40 seconds along the boundary of said plat for 208 . 88 feet to Right of Way Boundary Corner B29 ; thence northeasterly 698 . 93 feet along the boundary of said plat on a non-tangential curve concave to the southeast, having a radius of 2566. 83 feet, a delta angle of 15 degrees 36 minutes 05 seconds and a chord azimuth of 47 degrees 06 minutes 38 seconds to Right of Way Boundary Corner B30; thence continue northeasterly on the northeasterly extension of the last described curve (delta angle 03 degrees 23 minutes 09 seconds) for 151. 68 feet; thence on an azimuth of 313 degrees 14 minutes 41 seconds for 84 . 1 feet to the point of beginning of the land to be described; thence on an azimuth of 64 degrees 14 minutes 55 seconds for 372 .76 feet; thence on an azimuth of 7 degrees 03 minutes 09 seconds for 30. 00 feet; thence on an azimuth of 277 degrees 03 minutes 09 seconds for 226. 19 feet; thence southwesterly 260. 05 feet along a tangential curve concave to the southeast, having a radius of 246.48 feet and a delta angle of 63 degrees 46 minutes 55 seconds; thence on an azimuth of 145 degrees 14 minutes 09 seconds for 133 . 59 feet; thence on an azimuth of 90 degrees 26 minutes 21 seconds for 45.22 feet to the point of beginning. Contains 1. 369 acres more or less. Exhibit B-2 . 1 •� t t 4f ti1iqi Hi'fl'llllHll p f liE;;f f t 1;1 � f p f;I i I. 1 if IIf�f fI fii ; E�;� f f 111 Ill i IV /( (( 1 l • f I / 11 I I 1 : i<l !s Ie t11 ��: -I III [111; II 'II I t,1 I ii 11t I . ei e 1;! 1, ' tIfli llhIiIiflit II lit I.� � �1; j . ; IrrJJf ! 1 aR 1!I1:1i.!!�� 1! n C) ( ;, T ,` tTt l0 xi .11 , . ! D ^Y,�' +d m r'per "� 0 ., e e , ' i a 7 ,1 O E_ s ' , 'T1 c a 4 y .- `, r iv 4 ' 4 L I , co r. ' e e• J.')r W__ - - 1 ` DC1,c . ' I ti 131 I°, L " :1' . ? m' �� 7� a€ i 1 r E l' C E. S 70 , , i,Il � � t E n e . sit li CI 8 Pet I Z I� e.a w Ft a�1 e 5 ! P �► I. 30 • •; - -�-- ----7 -,..,,,,.., • V\ 'f' S :qq: •\ 1 1 \ F. I I I,a I \ I I \\ I II \� 4 �ti\ /� 4�� \ / f/ \ \\ . 1. -° / z i 4.t S \\ +t v 4 r F4• i ''it- s - I + t e r -P 0 ; OA. if • t' J .1.,. A I i A I • t:w.m a D 4 l i - I ,. I to Pi 1I11111;'i_Ii;1ii l :-3;Ii ■ =I €i i liiii:1 ii-ttti� ` i III' t t Et t !!Ii ;ti�i 111411i11t iicci.il 1 \Yj 1, t''iei11 c}Slil Mt! \ \ t 1'ss�i�f tl 11'. 1t1 Oil(: !)) ii i;e iittt. t ? 1 1 i'lf lii slil;4444+ 4I;!4 tt \ .. \ \ ttjiiltf.l•t Illitl;i =i.-i \ tti1tllt-i{11 !t tt lji-1 c . \ T 'I�f #i1iftt3{ij t! 31���[ I�i 1 fi /\ I. • ! .� tl „ 1t+i tl' f l_S i p�: ^ r!i s I CD . ettl . 7 I 11 ,� 1Z.i'i_lrlti.Z 1�4 till '`-" -- I II (?! 1::3 .1. ; ���_! ills t:� t 111 ° �_ldim r.,•- ! .�1 �t et �i: 1. f •3 t� - 1 i i 1 ! • t t = I !tit • i 1'4 /II �q 3 a Agenda Information Memo February 5, 1991 City Council Meeting DECLARE SURPLUS PROPERTY/AUTHORIZE SALE G. Declare Surplus Property/Authorize Sale,HP-150 Computer—MIS Coordinator Morast is recommending that the City sell one of its older computers. The computer is an HP 150 and is a non-IBM compatible product. Because of this fact, it is no longer in use at the City of Eagan and is surplus property at this point. Permission is requested to sell this computer for $400 to the city of Coon Rapids. MIS Coordinator Morast feels that $400 is decent price for this piece of equipment because the City probably would not receive anything over $250 if we were to sell it in another way such as auction or bid process. The reason for this is that it is not IBM compatible and it cannot use any of the IBM software in order to operate. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the sale of a non-IBM compatible HP-150 to the city of Coon Rapids for $400. RESOLUTION/CITY CODE AMENDMENT/TARGETED RECYCLABLES H. Resolution, City Code Amendment, Chapter 6, Garbage,Refuse, and Recycling Haulers, Redefine"Targeted Recyclables"--City Code Section 6.37 requires garbage and refuse haulers to provide recycling service to residential curbside and multi-family recycling programs. At a minimum haulers are required to collect"targeted recyclables"which are defined as "metal beverage containers, glass, newsprint, metal food cans or other materials as may be defined by Council resolution." As is indicated by the resolution which is enclosed on page for your review, Dakota County has mandated that City programs be expanded to inc ude plastic bottles and corrugated cardboard no later than March 1, 1991. After consultation with representatives of the hauling industry at action taken at its January 8, 1991 meeting, the Eagan Solid Waste Abatement Commission recommended that the City implement this mandate by expanding the definition of targeted recyclables in the above referenced code section. This code section was specifically written to permit expansion of the "targeted recyclables" list by resolution and staff will process this item as a code amendment later in the year when the code is updated. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution to amend Chapter 6, Section 6.37 of the Eagan City Code to redefine "targeted recyclables" as presented. 3 � RESOLUTION TO AMEND CHAPTER 6, SECTION 6.37 OF THE EAGAN CITY CODE TO REDEFINE "TARGETED RECYCLABLES" Eagan, Minnesota WHEREAS, The City of Eagan is mandated by Dakota County and the State of Minnesota to achieve thirty-five percent recycling of solid waste by 1993 ; and WHEREAS, The City of Eagan has implemented successful community recycling programs which collect newsprint, glass and metal food and beverage containers; and WHEREAS, there are large quantities of plastic and corrugated cardboard which are not being recycled on a citywide basis; and WHEREAS, the addition of these new materials is warranted by existing markets and handling capacity at the Dakota County Recyclables Collection Center; and WHEREAS, Dakota County has resolved to accept plastics (as defined by the County) and corrugated cardboard at the Recyclables Collection Center; NOW, THEREFORE, BE IT RESOLVED, that plastics (as defined by Dakota County) and corrugated cardboard be included in the definition of "Targeted Recyclables" pursuant to the Eagan City Code Chapter 6.37. BE IT FURTHER RESOLVED, that effective no later than March 1, 1991 the collection and recycling of plastic bottles and corrugated cardboard be added to the curbside and multi-unit collection programs within the city. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Motion Made By: Its Clerk Seconded By: Those In Favor: Those Opposed: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5th day of February, 1991. E. J. VanOverbeke, City Clerk 33 City of Eagan Agenda Information Memo February 5, 1991, City Council Meeting ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (MWCC NICOLS RD METER STATION) I. Contract 89-D, Acknowledge Completion/Authorize City Maintenance (MWCC Nicols Road Meter Station - Water Main)--The Metropolitan Waste Water Control Commission (MWCC) recently completed the installation of a City water main along Nicols Road from Silver Bell Road north to their meter station as a part of their odor control and abatement program. The City has received a request from the MWCC to assume maintenance responsibilities associated with the installation of this water main. All final inspections have been performed by City personnel and it has been determined that these improvements have been installed in accordance with City reviewed plans and specifications and are ready for favorable Council action regarding perpetual City maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of Project 89-D (MWCC Nicols Road Meter Station - Water Main) and authorize the initiation of City maintenance subject to appropriate warranty provisions. ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (RIDGEHAVEN ACRES) J. Project 89-C, Acknowledge Completion/Authorize City Maintenance (Ridgehaven Acres - Streets & Utilities)--The City has received a request from the developer to assume the maintenance responsibilities associated with the installation of streets and utilities within the Ridgehaven Acres Addition located between T.H. 13 and the Prettyman Heights development. All final inspections have been performed by City personnel and it has been determined that these public infrastructure improvements have been installed in accordance with City reviewed plans and specifications and are ready for favorable Council action regarding perpetual City maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Project 89-C (Ridgehaven Acres - Streets & Utilities) and authorize the initiation of City maintenance subject to appropriate warranty provisions. 3 Agenda Information Memo February 5, 1991, City Council Meeting ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (KINGSWOOD 4111 ADDITION) K. Project 89-AA, Acknowledge Completion/Authorize City Maintenance (Kingswood 4th Addition - Streets & Utilities)--The City has received a request from the developer to assume maintenance responsibilities associated with the installation of streets and utilities within the Kingswood 4th Addition located between the Cutters Ridge Addition and I- 35E. All final inspections have been performed by City personnel and it has been determined that these public infrastructure improvements have been installed in accordance with City reviewed plans and specifications and are ready for favorable Council action regarding perpetual City maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Project 89-AA (Kingswood 4th Addition - Streets & Utilities) and authorize the initiation of City maintenance subject to appropriate warranty provisions. ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (KINGSWOOD 2ND ADDITION) L. Project 89-SS, Acknowledge Completion/Authorize City Maintenance (Kingswood 2nd Addition - Streets & Utilities)--The City has received a request from the developer to assume maintenance responsibilities associated with the installation of streets and utilities within the Kingswood 2nd Addition located between Pilot Knob Road and I-35E south of the old Town Hall. All final inspections have been performed by City personnel and it has been determined that these public infrastructure improvements have been installed in accordance with City reviewed plans and specifications and are ready for favorable Council action regarding perpetual City maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Project 89-SS (Kingswood 2nd Addition - Streets & Utilities) and authorize the initiation of City maintenance subject to appropriate warranty provisions. 3 Agenda Information Memo February 5, 1991, City Council Meeting APPROVE CHANGE ORDERS #6 & #7 (CLIFF ROAD WATER TREATMENT FACILITY) M. Contract 89-13, Approve Change Orders #6 & #7 (Cliff Road Water Treatment Facility)--Change Orders #6 & #7 are provided on pages '61 through l.. . The Public Works Committee met on Tuesday, January 29, to review and discuss the issues associated with these change orders and subsequently are recommending favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Orders #6 & #7 for Contract 89-13 (Cliff Road Water Treatment Facility) and authorize the Mayor and City Clerk to execute all related documents. 3� CHANGE ORDER DATE: December 29, 1990 • PLACE: Eagan, Minnesota PILE NO: 49500-CO PROJECT: Cliff Road Water Treatment Facility PROJECT NO. : 548; CONTRACT NO. : 89-13 CONTRACTOR: Penn-Co Construction, 1301 Corporate Crt. Dr., Ste. 150, Eagan, MN 55121 BOND CO. : (Safeco Ins. Co. of Amer.) Alexander £ Alexander, PO Box 1360, Mpls. MN CHANGE ORDER NO. : 6 55440 Attn: Chris Watters DESCRIPTION OF WORK: Total Change Order Item Amount 1. ADJUSTMENT IN COMPACTION GROUT QUANTITY This item provides for an adjustment in the volume of subsurface grout injected as part of the compaction grouting operation. This work was necessary to consolidate a soft clay layer in the area of the clear well at a depth such that mass excavation to remove and replace the material was uneconomical. Payment for this item shall be based on the unit rate of $275.00 per cubic yard of grout placed as bid in the Bid Proposal and the difference between the actual volume of grout injected (612 cu. yds.) and the grout volume estimate contained in the specifications (280 cu. yds. ) . The quantity adjustment is 332 cu. yds. , and the Contract Add is 332 x $275, or $91,300. ADD for Item No. 1 $91,300.00 2. CONCRETE REINFORCEMENT IN HIGH SERVICE PUMP ROOM PIT This item provides for additional concrete reinforcement in the pit in the floor of the High Service Pump Room. The reinforcement was omitted from the construction plans. Payment for this item shall be based on a mutually agreed upon lump sum of $852.00 ADD for Item No. 2 $852.00 3 7 CHANGE ORDER •E: December 29, 1990 Eagan, Minnesota t'PROJECT: Cliff Road Water Treatment Facility FILE NO: 49500-CO PROJECT NO. : 548; CONTRACT NO. : 89-13 CONTRACTOR: Penn-Co Construction, 1301 Corporate Crt. Dr., Ste. 150, Eagan, MN 55121 BOND CO. : (Safeco Ins. Co. of Amer.) Alexander & Alexander, PO Box 1360, Mpls. MN CHANGE ORDER NO. : 6 55440 Attn: Chris Patters Change Order Item Total Amount 3. REMOVAL OF TREE DEBRIS This item provides for the removal and hauling from the site of four loads of tree debris discovered below the surface at the south end of the clear well area. The material was not evident from subsurface explorations and therefore is an unforseen condition of the project. Payment for this item shall be based on a mutually agreed upon lump sum of $926.00. ADD for Item No. 3 $926.00 TOTAL ITEM NO. 1 - Adjustment in Compaction Grout Quantity $91,300.00 TOTAL ITEM NO. 2 - Reinforcement in high Service Pump Room 852.00 TOTAL ITEM NO. 3 - Removal of Tree Debris 926.00 TOTAL THIS CHANGE ORDER NO. 6 $93,078.00 ORIGINAL CONTRACT AMOUNT $8,094,000.00 PREVIOUS CHANGE ORDERS -112,052.19 THIS CHANGE ORDER NO. 6 - ADD 93,078.00 REVISED CONTRACT AMOUNT $8,075,025.81 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. By Tca K +Lad Approved by: PE •NSTRU7 ION By alb i Approved by: CITY OF EAGAN, MINNESOTA By , Mayor Distribution By 1 - City y , Clerk 1 - Bonding Co. Date: 1 - Contractor 1 - BRA 3S CHANGE ORDER DATE: January 31, 1991 PLACE: Eagan, Minnesota FILE NO: 49500-CO PROJECT: Cliff Road Water Treatment Facility PROJECT NO. : 548= • CONTRACT NO.: 89-13 CONTRACTOR: Penn-Co Construction, 1301 Corporate Crt. Dr. , Ste. 150, Eagan. MN 55121 BOND CO. : (Safeco Ins. Co. of Amer.) Alexander & Alexander, PO lox 1360, Hpls. MN CHANGE ORDER NO. : 7 35440 Attn: Chris Watters DESCRIPTION OP WORK: Change Order Item 1. INSTALL CONCRETE WALL IN AREA OP GRIDS 2 AND G This item provides for the installation of a reinforced concrete call in the area of Grids 2 and G in the clear well corner. This item results from an omission on the plane, where a sump in the corner of the clear +rail vas not shown. Provision for the sump requires the construction of a wall separating the sump floor and the raised floor throughout the rest of the clear yell. Payment for this item shall be based on a mutually agreed upon lump sum of $1,416.00. ADD FOR ITEM NO. 1 $1,416.00 TOTAL ITEM NO 1 - ADD ' $1,416.00 2. RELOCATE AND PROVIDE ADDITIONAL LINTELS This item provides for additional lintels and reinforcing at the chlorine room door, Door 118A, and in the walls near the High Service Pump Room and Hall 106 as shown on Figures SR3 through SR9 previously submitted. This item results from an omission on the plans. Payment for this item shall be based on a mutually agreed upon lump sum of $1,234.00. ' ADD for Item No. 2 $1,234.00 TOTAL ITEM NO. 2 - ADD $1,234.01 3. ADDITIONAL LINTEL AT DOOR 106A This item provides for an additional lintel above Door 106A which was omitted from the plans. The 4 x 13 louver is necessary to support the wall through which several mechanical ducts and piping pass. Payment for this item shall be based on a mutually agreed upon lump sum of $919.32. ADD for Item No. 3 $919.3 TOTAL ITEM NO. 3 - ADD $919.3 3°1 CHANGE ORDER •• January 31, 1991 ��:"a• " ;ACE: Eagan,, Minnesota FILE NO: 49500-00 c,;' .' ,ROJECT: Cliff Road Water Treatment Facility , PROJECT NO. : 5481. ,4,'CONTRACT .NO.: 89-13 ' CONTRACTOR: Penn-CoConatruction, 1301 Corporate Crt, Dr:, Ste. 130, Eagan, MN 55121 BOND CO.: (Safeco'.Zne.tCo: of Amer.) Alexander &'Alexander, PO Box 1360, Hpls. MN CHANGE ORDER NO. : 7 'p1 'i,4?ti4+';"'; '< 4a'` 4 ' 35440 'Attn: Chris Natters } , • TOTAL ITEM NO. 1 ' • "'' 1 ; 'd'' ', $1,416.00 TOTAL ITEM NO. 2 '°, .I 1,234.00 TOTAL ITEM NO. 3 ,„1 '1'1' ' ' 919.32 ' TOTAL THIS CHANGE ORDER NO. 7 . $3,569.32 ORIGINAL CONTRACT AMOUNT ,.., , I , . $8,094,000.00 PREVIOUS CHANGE ORDERS �,"'� '/ -18,974.19 THIS CHANGE ORDER NO. 7 - ADD ' • 3,569.32 10 • I, G, , REVISED CONTRACT AMOUNT $8,078,595.13 Recommended for Approval by: ' . BONESTROO, ROSENE, �ANDERLIK & ' , ASSOCIATES, INC. ;' By 7 K 4 Approved bys PENN-CO CONSTRUCTION By ' {, . Approved by: CITY OF EAGAN, MINNESOTA By , Mayor ' Distribution 1 - City ' By , Clerk ' 1 - Bonding Co. ' 1 1 - Contractor Date: i' ' 1 - BRA•I Ir;1'I!1 ;'� . ' ' I , '• ` ',6., !.!i!4 ,•, i ' 1.4 .. � { h ` ;' I , i , i , 4-bl• . . . Agenda Information Memo February 5, 1991, City Council Meeting APPROVE CHANGE ORDER #2 (MAINTENANCE FACILITY EXPANSION/REMODELLING) N. Contract 89-03, Approve Change Order #2 (Maintenance Facility Expansion/Remodelling)--Enclosed on pages Li 1.through yS is a copy of Change Order #2 providing for miscellaneous adjustments to the contract for minor revisions incurred during the progression of this contract. On Tuesday, January 29, the Public Works Committee met to review and discuss the issues associated with this Change Order and subsequently are recommending favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2, Contract 89-03 (Maintenance Facility Expansion/Remodelling) and authorize the Mayor and City Clerk to execute all related documents. THRESHER SQUARE DAVID I BENNETT 700THIRD STREET SOUTH MARK G SWENSON MINNEAPOLIS MN 55415 DENNIS I SUTLIFF PHONE 1612 1 370-0700 DAVID L GRAHAM FAX 6121370-1378 PETER E IARVIS DONALD W RINGROSS B • R • W • A R C H I T E C T S • I N C. CHANGE ORDER NO. 2 TO: City of Eagan DATE: January 2, 1991 3830 Pilot Knob Road FILE NO.: 83-9004 9.2 Eagan, MN 55121 PROJECT: Eagan Maintenance Facility City of Eagan Project #559 CONTRACTOR: Shaw-Lundquist Contract #89-03 Associates The Contract is changed as follows: For changes to the contract that involved additions or deductions of items including field conditions, hidden conditions, resolutions of details and deletions for work to be performed later. Refer to attached letter for detailed information. The Original Contract Sum was $565,262.00 Net change by previously authorized Change Order (297.00) The Contract Sum prior to Change Order was $564,965.00 The Contract Sum will decrease by this Change Order in the amount of (582.00) The new Contract Sum including this Change Order will be $564,383.00 The Contract Time will be unchanged. ARC ' ' T CONTRACTOR OWNER /: chitects, Inc. Shaw Lundquist Assoc. City of Eagan 700 Third Street S 2805 Dodd Road 3830 Pilot Knob Road Minneapolis, MN 55415 St. Paul , MN 55121 Eagan, MN 55122 DATE: /-,?:).`7/ DATE: DATE: NOTE: There was a typo/mathematical error on Change Order #1. The number $564,745.00 should have been $564,965.00. The correct number is used above. AN AFFILIATE OF THE BENNETT RINGROSE WOLSFELD IARVIS GARDNER INC_GROUP ARCHITECTURE URBAN DESIGN PLANNING TRANSPORTATION ENGINEERING MINNEAPOLIS•DENVER PHOENIX TIJCSON•ST PETERSBURG THRESHER SOU.ARE DAVID I.I3ENNETT 7(41 iIt:RDS1R[I:T`.000T[{ - MARK G SWENSON MINNEAPOLIS MN 55415 DENNIS I SUILIEF PHONE V.)!2)370-117(X) -.--. -- DAVID I.GRAHAM FAX v21370-1378 PETER F IARVIS • DONALD W RINGROSE B • R • W • A R C H I T E C T S • I N C. December 17, 1990 Tom Colbert . Arnie Erhart City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Eagan Maintenance 83-9004 City #559, Contract #89-03 Gentlemen, The following is a list of proposed adds and deducts to the contract along with an explanation of why these items were required: 1. Surcharge by City of Eagan for Permit $283.00 Note: The contractors were advised that they need to pay for electrical permit and fees (See copy of note) . After award, the contrac- tor was charged the additional fee by the State of Minnesota. 2. Masonry Items a. ASI#4: Revised grade beam detail $410.00 Note: After discussion, this number was reduced from $600+. This was detailed making some assumptions, as we were deal- ing with some non-exposed conditions. Thus, there were some field modifications. b. ASI#5: Revised detail at the blockwall/stair $411.00 Note: This detail has been discussed at some length and revised a couple of times. In addition, the dollar amount has been argued and lowered. This was also a buried condition. When workmen demolished the floor and opened up the footings, we had to make revisions to the footing/column location. AN AFFILIATE nFTI IF_HENNFTT RINc,R( NI.\\'OLSI LI I)IAR\'ISGANI)NER INC GROUP ARC HIIFCTIIRE III:I3:1N 1)1 S!C\ PLANNING IRAN'NPC)1:F•\3 ION FNGI\FERIN'G NIINNI.A I'(11 I'•1)1 \\ •I' 'I NIN• I I I t N')N•Slit I I RSI11.1126 t Arnie Erhart December 17, 1990 Page 2 c. Credit for not installing block at old Door (160.00) to grinding room 136B. Note: We kept the door in place. d. Credit for floor joints at Vehicle Maintenance Bay • (80.00) Note: The contractor did not install per specification e. ASI#6: Add dowls at overhead door $167.00 Note: We did not show dowls on our plans but in the field I felt it necessary to tie the footing to the concrete apron. 3. ASI#6: Additional Sheet Metal at roof of $460.00 V.M. connection to existing storage building Note: I would not allow the contractor to cut into the metal panels as I was afraid this would destroy the integrity of the Butler building panels. Thus, we needed to provide a watertight seal and quite a bit more sheet metal was required. 4. ASI#6: Return dryvit from face of wall to $345.00 door with a drip at the top (at new overhead door) . Note: Frankly, I do not believe this was adequately detailed on the base set and this final detail provided a more permanent return detail at the door. 5. Roof detail at existing Vehicle Maintenance $713.00 wall/new office Note: In a field direction, I advised the contractor to remove the stucco and provide a steel angle with an extended leg to carry the steel decking. There was 45 lineal feet of this. Arnie Erhart December 17, 1990 Page 3 6. Delete fence and earthwork and receive credit (3,341.00 Note: We decided it would be better to not do any earthwork or fencing in the area of the Salt Storage Building until that separate contractor can complete his work. The subcon- tractor will provide same work next year for same price. 7. Upsize the trolly for beam $210.00 Note: If push came to shove, we could say this is not justified, however, I believe the contractor honestly provided a standard size unit and we needed a wide flange unit. Please call me if we need to discuss any of the items. I can provide a Change Order summarizing the changes, if accepted, for council review and approval . Sincerely, BRW ARCHITECTS, INC. Jkf'f L. Oertel , AIA Ass&iate JLO/ag cc: 83-9004 9.2 Agenda Information Memo February 5, 1991 City Council Meeting FINAL PLAT/TOWN CENTRE 100 - EIGHTH ADDITION O. Final Plat, Town Centre 100 - Eighth Addition—Final plat documents relative to the above-referenced plat are currently being processed by the applicant and Community Development Department. If all items are completed and executed in time for next Tuesday's meeting, the application will be in order for approval. If not, a recommendation will be made to continue this item at the beginning of the meetin . A copy of the final plat as it appears for filing at Dakota County is enclosed on page for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Town Centre 100 - Eighth Addition. • G. u - 3 Y • ° qq o d V. iaU Si E' PP ! S I • II a- 3a ly s 3:i EY� • E s 8a . 3 Y ;a3sg E a :� s`i e" r e' p. I lea .lao ;' 6 ° i i °i �� g! : i I a ;_ `" f y 3 i Eq d E_, E3BC9 4" 1 d � •Y a i 1 x - o:e7 .1! • " s �a p i oo �. P a it 1 i I L. 3 0 y ! E"Y° Ile % G"z E o f 31 I o s E ; : • 1j'a ! 3Ea- s -sat 2 a s. 2 3 3 s"• • 9 °:E 3 d.• 'a Y 3313"o E . .1 t �� • ! "e , a li •;189 0^ `e S' i:13 i= d 3t"; E a E • o e' ; I 3 3 I 3 3.3 1 i`a� g 8 . :. 18=gi ' E •II : . • y . a i° F ."'.i -3" Y 3 " ° 3 1i:9• a3 : 25 9 9 Z �'. .a8 1 . •` 8 E 8 Alai: i E..i 8 34 i 9 i ' i _O o� a y $ 1 f s� i 3i : FP" 'd3 I : • I. a " s"l t i" i ', 3.` a a 30 9 b• 9 tyg3 'p Yoe 59 "e 9. C d 9 e'4 :: ! i t x. G�3s" r !o ! hill k I F 8s l 1 E 9a i•'�'a E 90$ 60. 1 .F>. . I3 3F 9 re: 83 to?a S 3iY.o .i I 3j 3° d :it n ?sv � ' 3 ��eos 83 ? - Y9. " "I Y. it •. E 0 0a i 3 E 11 = i s iie c Y KL d1 f 3:i kE Si i f a `A :EY X13 iq - •e aE E"o 3 .� Y A !s: U.1 LO o 'E. _ 1 .- I 3 i r t'',A'y.1 C, CJ ZQ sj 3 `s Y�,. i� t„ �` -,' 3l7l I :c W ; : : 13 . t. w _ • 3 w G 8 ' I °' Z ix s .1 3 E :? ! : i.")w W . 0 `` i U } \ 1)6C•,Af T B 9e j St L•. _ y -� ge � 1 t— I _J l ( s — 1 5:. : 1: .,, . _. , I I il --1 -I..] c,..._up. _ j '8.". x : � i S t_, $ '_ I o I .E_ I 4' E —__—_ Y CL BB2 x h- Y9•LG.OM CH • it H J ~ f J If, s! • Agenda Information Memo February 5, 1991 City Council Meeting AWN WSINE.: S WINE AND BEER LICENSE/APPLES PLUS, INC. A. License, Wine and Beer, Apples Plus, Inc., 1260 Town Centre Drive--Pat Boland has taken over the restaurant site formerly occupied by Xaviers at 1260 Town Centre Drive. The restaurant she has opened is called Apples Restaurant. Ms. Boland has applied for a wine, Sunday wine and strong beer licenses for Apples Plus, Inc., dba Apples Restaurant. The Police Department has completed its review of this application and finds no reason to deny the application. Enclosed without page number is a memo from Lieutenant Meszaros regarding the police investigation of Apple's Restaurant and the license applications. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a wine, Sunday wine and strong beer licenses for Apples Plus, Inc., subject to providing a bond, liquor liability insurance and license fees. Agenda Information Memo February 5, 1991 City Council Meeting ORDINANCE AMENDMENT/PAWN SHOPS B. Amendment, Ordinance, Chapter 6, Other Business Regulation and Licensing, Section 6.44 Pawn Shops--Staff is proposing that Eagan City Code Chapter 6 be amended by adding 6.44 dealing with pawn shops. This ordinance amendment is presented at the request of the Chief of Police and after review by the City Administrator and other department heads. A copy of the proposed ordinance amendment is enclosed for the Council's information on pages 5O through 53. This ordinance amendment would require any person who loans money on deposit of pledge of personal property or other valuable things or who deals in the purchasing of personal property or other valuable things on condition of selling the same back again at a stipulated price, etc., to be licensed with the appropriate application, investigation, and bond requirements. If the ordinance is approved, a license fee and investigation fee need to be set as part of the comprehensive fee schedule. Staff is recommending that the license fee be set at $1,500 per year and the investigation fee be $350. This investigation fee is consistent with those imposed on liquor license applicants. The license fee while appearing to be high, averages less than $5.00 per day (6 days week) and is very modest considering the amount and type of proposed regulatory activities. ACTION TO BE CONSIDERED ON THIS ITEM: To 1) approve or deny an ordinance amendment to Chapter 6 of the City Code, other business regulation and licensing, Section 6.44, Pawn Shops and 2) set the license and investigation fees at $1,500 and $350 or at a modified level. (\ ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY ADDING SECTION 6.44 REGARDING PAWNSHOPS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 6 is hereby amended by adding Section 6. 44 , to read as follows: SEC. 6.44 PAWN SHOPS. Subd. 1. Definition. As used in this section, the term "Pawnbroker" means a person who loans money on deposit or pledge of personal property or other valuable thing or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price or who loans money secured by chattel mortgage on personal property taking possession of the property or any part thereof so mortgaged. Subd. 2 License Required. No person shall exercise, carry on or be engaged in the trade or business of pawnbroker without a license. Subd. 3 . Regulations. A. Application and investigation. A copy of the license application shall be delivered to the City Clerk. The Chief of Police shall investigate the applicant and report the investigation results to the city council together with a recommendation for application approval or disapproval. No person shall be licensed who has been convicted of having received stolen goods or of any infraction of this section or an ordinance of any other city regulating the business of pawnbroking. B. Bond. Before any person shall be licensed, the applicant shall file a bond in the amount of Five Thousand and no/100 Dollars ($5, 000.00) with a duly licensed surety company as surety thereon, such surety bond to be approved as to form by the city attorney, conditioned that the licensee shall observe the ordinances of the city in relation to the business of pawnbroker and that the licensee will account for and deliver to any person legally entitled thereto any articles which may have come into the possession of the licensee as pawnbroker or in lieu thereof such licensee shall pay the person or persons the reasonable value thereof. 57.) Subd. 3. Regulations. A. Records. Every licensee at the time of receipt of an article deposited, left, sold, purchased, pledged or pawned, shall immediately record in a book consisting of ink, computer printout or other indelible medium, the following information: an accurate description of the article in English, the amount of money loaned upon or pledged therefore, the time of the receipt, the name, residence, Minnesota license or identification number and a reasonably accurate description 'of the person pawning, pledging, selling, leaving or depositing same, and any numbers written, stamped, impressed or engraved thereon together with the name of the manufacturer if the name is on the article. In addition, if said article is sold or disposed of by the licensee, the records shall contain an account of such sale with the date thereof and interest and charges accrued and the amount for which the article was sold. The records referred to in this section shall be open to the inspection of any member of the police department at all reasonable times. B. Receipt. Every licensee shall deliver to the person pawning, pledging, selling, leaving or depositing any articles a certificate numbered to correspond with the entry in the licensee's records. The certificate shall contain the substance of the entry. C. Reports to police. Each licensee shall make out and deliver to the Chief of Police every day, before 12 : 00 noon, a legible, correct and complete copy from the records hereinbefore required, and a true and correct account of all personal property or other valuables received, deposited, purchased, pledged or pawned or sold or otherwise disposed of, during the preceding day. The report and description shall be signed and delivered in person by the person making the report to the Chief of Police or his appointee. Provided, however, that no person shall be required to furnish such descriptions of any property purchased from manufacturers and wholesale dealers having an established place of business, or of any goods purchased at an open sale from any bankrupt stock, or from any other person doing business and having an established place of business, but any goods referred to in this section must be accompanied by a bill of sale or other evidence of open or legitimate purchase, and must be shown to any member of the police department, when demanded. D. Ninety-day redemption period. Any person pledging, pawning or depositing an article for security shall have ninety (90) days from the date when the loan or pledge becomes due and payable to redeem the article before the article becomes forfeitable. 5 E. Minimum period before redemption or sale. No personal property on deposit with any licensee nor property purchased by or sold to or in any other way coming into the possession and under the control of any licensee in the due course of business shall be permitted to be redeemed from the place of business of the licensee for a period of seventy-two (72) hours, nor shall the property be sold within ten (10) days after the copy and statement required to be delivered to the Chief of Police has been delivered. F. Police restrictions on sale. Whenever the Chief of Police shall notify any licensee not to sell or permit to be redeemed any articles received on deposit or purchase by the licensee, the articles shall not be permitted to be redeemed or sold until such time as may be determined by the Chief of Police; provided, that such time shall in no case exceed the period of six (6) months from the date of such notification. Subd. 4 . Hours; Minors. No licensee shall be open for business before 7 : 00 a.m. or after 10: 00 p.m. , nor shall any licensee purchase or receive personal property of any nature on deposit or pledge from any minor. Subd. 5. Inspection. A. Stolen goods. Any licensee shall, at all times during the term of the license, allow police department officers to enter and inspect the premises where the licensee is carrying on business, for the purpose of locating goods suspected or alleged to have been stolen. No licensee shall conceal any article in his possession from any member of the police department. B. Inspection by claimed owner. All goods, wares or merchandise coming into the possession of any licensee under the terms hereof shall at all times be open to the inspection and right of examination of any person claiming to have been the owner thereof, or claiming to have had any interest therein, when such person is accompanied by a police officer. Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation' " and Section 6.99, 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: 53 Agenda Information Memo February 5, 1991 City Council Meeting REFUND REQUEST/VARIANCE APPLICATION/CUSTOM ENERGY HOMES C. Request for Refund,Variance Application Fee,Jim Koestering/Custom Energy Homes, 12645 Florida Lane,Apple Valley—The City has received a request from Jim Koestering of Cuspm Energy Homes for a refund of a variance application fee of$76. Enclosed on page SS is a copy of the letter of request from Mr. Koestering. For the Council's information, also enclosed on page S(, is a copy of a memo from Project Planner Ridley answering the statements in Mr. Koestering's letter of request. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request from Jim Koestering of Custom Energy Homes for a refund of a variance application fee in the amount of $76. „„..... Custom Energy Homes Designers & Builders of Exceptional Homes January 28, 19991 City of Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Dear City Council , On 11-14-90, a check was issued from Custom Energy Homes to the City of Eagan in the amount of $76.00, for a variance on a property owned by Kevin & Kay Perala. Before any work was performed on the variance, the Peralas changed their minds and I, immediately, informed the City of Eagan not to proceed with the variance. Subsequently, we will not be building for the Peralas. Therefore, I am requesting a refund of the $76.00. I thank you, in advance, for your cooperation in this matter. Sincerely,/ Jim Koestering JK/eo JAN 3 c 1::1 12645 Florida Lane • Apple Valley, MN 55124 • (612) 431-6116 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: MIKE RIDLEY, PROJECT PLANNER DATE: JANUARY 31, 1991 RE: VARIANCE CUSTOM ENERGY HOMES Jim Koestering, representing Custom Energy Homes, submitted an incomplete Variance application and check on November 14, 1990. At his request, I met with him at Lot 12, Block 4, Woodlands Addition, on the afternoon of November 14 to discuss the Variance and hardship. At that time, I informed him we would need the owners signature on the application. He advised me the owner would stop by City Hall the next day and sign the application. This did not happen. Mr. Koestering's letter dated January 28, 1991 wrongly assumes no work was performed on the Variance. In addition to our meeting at the site, I also measured and defined the owners of all property within 200' of the site and public hearing notices and envelopes were prepared. Mr. Koestering also states that he initiated discussions for reimbursement when, in fact, Marilyn Wucherpfennig contacted Custom Energy Homes earlier this month to find out the status of the Variance request. If I can be of further assistance, please advise. Project Planner MR/js CC: Marilyn Wucherpfennig, Planning Aide 5�� Agenda Information Memo February 5, 1991 City Council Meeting VARIANCE/LEROY SIGNS, INC. D. Variance, Leroy Signs, Inc., to Sign Requirement of One Sign Per Major Street Frontage, Located at 3880 Sibley Memorial Highway (First Minnesota Building)--An application has been received of Leroy Signs, Inc., for a variance to City Code Section 4.20, Subdivision 5.A., relative to building mounted business signs. The referenced section states that, "No more than one business sign for each major street frontage shall be permitted on a building for each business located within such building." The subject parcel is a former First Minnesota Bank building in the Cedarvale shopping area which has been acquired by Norwest Banks. The purpose of the variance is to permit Norwest to replace First Minnesota signage for building identification and visibility purposes. For additional information in this regard, please refer/o the Community Development Department staff report which is enclosed on pages S1 through 6/ for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the variance to the sign requirement of one sign for major street frontage for Leroy Signs, Inc., for property located at 3880 Sibley Memorial Highway as presented. 57 SUBJECT: VARIANCE APPLICANT: LEROY SIGNS, INC. LOCATION: 3880 SIBLEY MEMORIAL HIGHWAY LOT 4, BLOCK 2, CEDARVALE 2ND ADDITION EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: FEBRUARY 5, 1991 DATE OF REPORT: JANUARY 30, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by LeRoy Signs, Inc. requesting a Variance to City Code 4.20, Subd. 5.A., "Building Mounted Business Signs, Standards. A. Number Permitted. No more than one business sign for each major street frontage shall be permitted on a building for each business located within such building". Currently, there are four sets of internally illuminated letters reading "First Minnesota" and the logo on the north, south, east and west elevations. The applicant is proposing to remove all four sets of letters and replace them with single face internally illuminated sign cans reading the Norwest logo, Norwest Banks. Each can will be 4' high x 24'8" wide, for a total of 99 square feet. The applicant feels that it is in'bumbent upon Norwest Banks to install enough signage to allow motorists a chance to recognize the bank identification in time to properly slow down and exit. They also feel that for a bank to be a viable and proper business, exposure is extremely important and signage on the south facing Beau D'Rue Drive, on the east facing Silver Bell Road, and on the west facing Rahn Road, is essential for proper identification. Removal of the old "First Minnesota" signage and installation of the new "Norwest" signage will reduce the total existing square footage by 200 square feet. If approved, this Variance shall be subject to all applicable Code requirements. CCDARVALC BOULEVARD 7i-orranoTler Pole \ (Overhead Power Line -- .---o----.. ------ San Sew Manhole ,-t- Plyc Iran r t ■\ I I cri-, I 1....% r1" ( • . . t._•..." , • 1 CUD. 612G = S48°39'I2"14 . 1 A 0°16'23" R=23,010.82 - ;- i Fiog 1 I. r Pole i ISCIg 1 1 w I;t• Ps ; . 1.4 ‘....4 In ■ • p. 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( Agenda Information Memo February 5, 1991 City Council Meeting CONDITIONAL USE PERMIT/PYLON SIGN RHC ASSOCIATES JOINT VENTURE I E. Conditional Use Permit,RHC Associates Joint Venture I,to Allow a Pylon Sign Located on Lot 1, Block 1, Cliff Lake Centre 2nd Addition along Cliff Lake Drive North of Cliff Road in the SW 1/4 of Section 29--At its regular meeting of January 22, 1991, the Advisory Planning Commission held a public hearing to consider an application for a conditional use permit from RHC Associates Joint Venture I to allow a pylon sign along Cliff Lake Drive north of Cliff Road in the southwest quarter of Section 29. For additional information concerning this application, please refer the Community Development staff report which 1,3 is enclosed on pages through a for your review. Also enclosed on pages (r through 70 is a copy of the Advisory Planning Commission minutes related to this item. The APC is recommending unanimous approval of these applications. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit as requested by RHC Associates Joint Venture Ito allow a pylon sign located on Lot 1, Block 1, Cliff Lake Centre 2nd Addition along Cliff Lake Drive, north of Cliff Road in the southwest corner of Section 29. MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: JANUARY 23, 1991 RE: CONDITIONAL USE PERMIT R H C ASSOCIATES JOINT VENTURE I At the January 22 Advisory Planning Commission meeting, the Conditional Use Permit to allow a pylon sign for the preliminarily approved Firstar Bank was approved unanimously. There were no public comments and the Commission had no concerns with the application. If you would like additional information, please advise. City Planner JS/js (0 3 SUBJECT: CONDITIONAL USE PERMIT (CLIFF LAKE CENTRE 2ND ADDITION) APPLICANT: RHC ASSOCIATES JOINT VENTURE I LOCATION: OUTLOT A, CLIFF LAKE CENTRE P.I.D. #10-17780-010-00 EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: JANUARY 22, 1991 DATE OF REPORT: JANUARY 15, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow a pylon sign on the above-referenced parcel currently in the process of being replatted as Lot 1, Block 1, Cliff Lake Centre 2nd Addition. COMMENTS: The proposal calls for a 20' tall pylon sign with a sign area of 45 sq. ft. per side plus a time and temperature display. The sign placement meets City Sign Code spacing requirements of 300' and setback requirements of 10' from all property lines. This location is a modification to the approved Cliff Lake Centre Master Sign Plan and therefore a Conditional Use Permit is necessary. The proposed location is currently occupied by a Cliff Lake Centre monument sign which will be moved north of the adjacent site entrance. If approved, this Conditional Use Permit shall be subject to the following: 1. Sign shall be subject to the one-time sign fee of $2.50/sq. ft. 2. Sign face shall be limited to user identification/logo and time and temperature messages only. 3. All other applicable Code Ordinances. FINANCIAL OBLIGATION • 29-CU-23.12-90 Lot 1, Block 1, Cliff Lake Centre 2nd Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amount • None -0- • • 1 1 MItai, ill 3 UJ i'm . i i I 1 '11! 1 ! 1111111 1 I • i J. _ i��: 11 WWI 1 ■ 1i “i! • i ...I 111 I _ ■ I .1i ; 1 ' j ' 11 . i „r I . : jJJ a UU� • g I t 11{114 ; 1 ! II1 ' 1 /ill I a /. i /. . AI . . / \..1.1 ./ \. I W �, ,. t t V j IT. • / i r ■ ■ i $ ( 411 44111. \ r W . ____. . t - . Vall 1 C c till. 1111:1„ / s ..k, ;...:-_ ,.. . ..-..==. r i . �. / ftf T;�1 \/ \ irop , ` .. 5 7 \1 it - , (1.2' 144) . y .....:.........s III .•',wo , LNY111S (NOW 3)4111 iJI13 iC ; mtts�+mw',wow, �► wmmodaz wr saiwra,�y ?f 1/��1� )INVB NV�JV3 tl�flStlid N \i`J o; • 3 s ..ii • mut m.Iit • $ 31j: • 1 • r • • • i�� 1:it 1 • huh1 AI I 1 hiii • I 5 m YN :`�. I 0-2 4•• 3 ¢ " I J• i ., LEI r`if• Sl 1 I I �� e Q �� r r t r r.. n 1 ....,...H--) . i . " 1 , c Ifi 4i hIL • y C r. w' 7 • • % 697 _ . 1 r Mf k, ANF1. k'x 1 I BAW \ __ -' 'Sr/1 R BANK MF, L'i9IA/ Ott tU O 1 (ILA7 C RRILK, /131\r/ ■ , it^ I BANK SIGN ( D MINUTES OP A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA JANUARY 22, 1991 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, January 22, 1991, at 6:30 p.m. at the Eagan Municipal Center. Present were members Miller, ' Staehli, Voracek, Graves, Merkley, Trygg and Hoeft. Also present were City Planner Jim Sturm, Assistant City Engineer Mike Foertsch, Community Development Director Dale Runkle and City Attorney Mike Dougherty. ORGANIZATIONAL MEETING The organizational meeting for 1991 was convened by City Administrator Tom Hedges who administered the oath of office to Members Joyce Staehli, Don Hoeft and Alternate Member John Gorman. The following officers were elected by unanimous vote of the Planning Commission: Chairman, Gary Graves; Vice Chair, Ron Voracek; Secretary, Joyce Staehli. AGENDA Trygg moved, Voracek seconded, the motion to approve the agenda as presented. All voted in favor. MINUTES December 20, 1990. Hoeft moved, Staehli seconded, the motion to approve the December 20, 1990 Advisory Planning Commission minutes as presented. All voted in favor, except Voracek who abstained. Chairman Graves explained the Advisory Planning Commission procedure to the public. CONDITIONAL USE PERMIT - RHC ASSOCIATES JOINT VENTURE I Chairman Graves opened the first public hearing of the evening regarding a conditional use permit to allow a pylon sign located on Lot 1, Block 1, Cliff Lake Centre 2nd Addition along Cliff Lake Drive north of Cliff Road in the southwest quarter of Section 29. City Planner Jim Sturm presented an overview of the staff report and a brief application summary. The applicant, Vince Driessen, stated that he was available for questions. IDCk Page 2/Eagan Advisory Planning Commission Minutes January 22, 1991 Member Trygg asked why a master sign plan was needed if it was being changed. City Planner Sturm stated that the master sign plan was not officially adopted. Member Merkley asked if the number of signs would increase. City Planner Sturm stated yes, by one. Miller moved, Voracek seconded, the motion to approve a conditional use permit to allow a pylon sign located on Lot 1, Block 1, Cliff Lake Centre 2nd Addition, along Cliff Lake Drive north of Cliff Road in the southwest quarter of Section 29, subject to the following conditions: 1. Signs shall be subject to the one time sign fee of $2. 50 per square foot. 2. Sign face shall be limited to user identification/logo and time and temperature messages only. 3. All other applicable Code ordinances. All voted in favor. CONDITIONAL USE PERMIT - KEVIN MELLON D.B.A. MAGNUM TOWING Chairman Graves opened the next public hearing for the evening regarding a conditional use permit to allow outdoor storage in an LI (Light Industrial) district on Lot 3, Block 1, Halleys 1st Addition located along the west side of Biscayne Avenue in the southeast quarter of Section 36. City Planner Jim Sturm presented a brief application summary and overview of the staff report. He referenced the neighbor complaints that Mr. Mellon was bringing his tow truck home from the Biscayne site and going out on night calls. He stated staff had no concerns with the Biscayne site but the business operation in general had caused neighbor complaints. Kevin Mellon stated he was available for questions. He said he had concerns with three of the conditions. On condition number one, he stated that cars and trucks were not the only items stored at this site. He stated they also stored snowmobiles, motorcycles, trailers, etc. On condition number two, he requested a long term approval as he had signed a five-year lease with the property owner. He felt this would stabilize contract negotiations with potential customers. 7 a Agenda Information Memo February 5, 1991 City Council Meeting CONDITIONAL USE PERMIT/OUTDOOR STORAGE KEVIN MELLON/MAGNUM TOWING F. Conditional Use Permit, Kevin Mellon D.B.A. Magnum Towing, to Allow Outdoor Storage in a LI (Light Industrial) District on Lot 3,Block 1,Halley's 1st Addition Located Along the West Side of Biscayne Avenue in the SE 1/4 of Section 36--At its regular meeting of January 22, 1991, the Advisory Planning Commission held a public hearing to consider an application for a conditional use permit as submitted by Kevin Mellon, Magnum Towing, to allow outdoor storage in a light industrial district. For additional information concerning this application, please refer to the Community Development Department report enclosed on pages 1 2. through 76, for your review. Enclosed on pages 7 7 through 76 is a memo from City Planner Sturm concerning this application. Also enclosed on pages 2/ through S3 is a copy of the Advisory Planning Commission minutes related to this item. The Advisory Planning Commission is recommending approval of this application by a 6 to 1 vote. ACTION TO BE CONSIDERED ON THIS ITEM: To approve deny rove or den a conditional use permit for Kevin Mellon dba Magnum Towing for outside storage of vehicles in the light industrial district east of Highway 3,west of Biscayne Avenue, and north of Gun Club Road, Lot 3, Block 1, Halley's 1st Addition in the southeast quarter of Section 36. SUBJECT: CONDITIONAL USE PERMIT - RENEWAL APPLICANT: KEVIN MELLON D.B.A. MAGNUM TOWING LOCATION: 4861 BISCAYNE AVENUE (LOT 3, BLOCK 1, HALLEY'S 1ST ADDITION) EXISTING ZONING: LI (LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: JANUARY 22, 1991 DATE OF REPORT: JANUARY 16, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit renewal for outside storage of vehicles in the Light Industrial district east of Highway 3, west of Biscayne Avenue, and north of Gun Club Road. BACKGROUND: The applicant initially was granted a Conditional Use Permit for outside storage of vehicles on December 17, 1985. A condition of this approval was that the permit be limited to two years, at which time it would be reviewed for possible extension. The applicant was granted another two year extension on March 15, 1988. The parking lot for the site is a Class 5 aggregate base surface. The drainage from the site consists of overland drainage swales typical of rural areas. The City has not installed public sanitary sewer, water main, or storm sewer to serve this area yet. This site has public street access to Biscayne Avenue which is an unimproved gravel street. City staff sent Mr. Mellon a Conditional Use Permit application and letter on May 18, 1990 explaining his Conditional Use Permit had expired on March 15, 1990. Mr. Mellon did not provide an explanation for the delay in applying for this renewal. COMMENTS: Staff is not aware of any complaints regarding the towing or impound operation taking place at the site in question. However, complaints have been received from residents living near Mr. Mellon's residence at 4333 Diamond Drive. Apparently, the applicant receives towing calls at home throughout the night. The complaints involved the disruption caused by the tow trucks starting, warming up, and coming and going. Due to the delay in applying for this Conditional Use Permit renewal,staff is recommending a condition of approval limiting this permit to one year. IIII If approved, the Conditional Use Permit shall meet the following: 1. The permit shall allow storage of cars and trucks only. 2. The permit shall be valid for one year from the date of Council action. 3. This Conditional Use Permit shall be recorded with Dakota County within 60 days of Council action and shall not become effective until the date of recording. 4. No 'for sale" signs shall be displayed and no sales or repair operations shall be conducted. 5. All applicable City Ordinances. FINANCIAL OBLIGATION • 36-CU-22-12.90 Lot 3, Block 1, Halley's Lot Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amount None -0- 1 3 1,St.':;,•0- ejt,if 7 /i. l';`.;■,4s 1 ' .,=1 l' :I ,• : . 1 "ii . ‘ 1..4(..4'—'',''.^--er-:--..■r:■ ff. ___c _o 1: (4 :crZ1 j illt -- ■. - 7 •1-1Vj"-)1:' . .... - L7-9..,, ''Z-- , " tr----/44;tt.” 4-Y!• t 4 I i r-v.? •!'. t -".:.-2.1""-Th/.•.:J---,i'"-r-I ‘f".t. I : 1 t,:7( --, , scv7.■<- 2 .. •.- . .,- • ..1 \i -, , , 3"-`41.. ... %...,-.. -T- 1its.t.• , A■ _ - .e. .., A•,.9,.'-'-• •v,:..# eiVe.0 rj.s.,- ,_- ,.....,..... Ica s*pocov* D t3(4.•'. ....1.....,...,,.., ' (. 11 ft 3/1 ... .k. .4.4 ....'\ .,, \ 1 (4., '., '„ k■tY= ' ,--;■, 4 p • , .) I I . ,7/.4../,:i:. ,/,, • ) --4th-1!- .' _A4 • ■jj ! „1-i: 4- 7 i I. I I. ...An I <c / : / • • ' e°°I ,.,-, s,,,,- . 9., -„.-•.,:,.t---.-y • ...tY:.....,,-e="",-"SIL,'''4 ''‘IgiefOr -S... . • r. ' 'galj. .SO •--: . 1 l'1-7'.' ',t 1 i' 71 '47 tr.;,51,' 5°A;:.:1-1,1k t re,,. ..4 .: 1•1.: 1 • ovt..u;mg te.A.1 i'11: il....5'., i ..r.A.Wit ■....:.:, ••, I .1, ■_ A .ch , .. -..k • -IL ■-- . t t•.j r...:t.4 i•'....-/.t.s..'.e);.. , ,:1:.•.'5;..7,.;,f;t:e—,:..-.‘:,."..l.','`. i: .\........ a.4•: 1i;5 . . .1 . • ,.J I I ••••.,. ': i' ,‘0: - A• .... , . -!....••-,. .:• •.1• ZAL,:.,.. - .• , A •.i'.:;-\: :. .,....,:iltis: ‘i'., ._ , irk 2,;), ,.. ..i.i.,m...,i;.. 1:-;•• ro,I(i i tip. . ,Nli R • r .it•..'.,..., ,..: ei,41.,t• ..?..;Fill-,..- E.• ,LI Ity•RoTzitE 1.7".."-... .til. -,- f.: ...4311■-••4 ti:r,t,t1,y ,:t; . . ':•;fi:.1‘- ti. ,-;_••VC,...i•u.:!•..• / 1 111 • ..,,,,,„. • '1 .c•• — •-- . . .....,..‘,.... .,..,;.... t. . / A A 71',.“IN i • ...■ ...pi 1.. (2, / • .. .- • %-i••t.,::.:. . u,•• • •. 11131/ 4?3 w . _. 12 AG i . / i • ..—• r% LI m• V: b' ,Jr. :� pan w t.aa •RST O #- O Qom?`, ;. L� 's C.c`": ' BLGbM i N474 �� • • rs rs •S rs rs . �? •Z.1446E- ass* �� ca► E' c� rS • i r W( �,, ,.�-,77 s a ' f'L, 021-79 ':::v::: ::: .° 2 • ! 7.1 ' Lis"`'"1 41' ' • ..N,--Q F••w�D''r'...... !.:. '/ m::: ,�N ANY T� m IL 1 \ AMTS ao j .•, bib, Dr o ° • 022-79 FDCK L�F"r g Y T st • .. CLu ' OSO% •SST • i s• • �s J f C,, i - • 1 O N L 1 P ;� gg 1 srripik La.1b1 tools i ‘' T < JN r“ SC, n- YNE OUENUE .),:nINAGE Ar.En DRIVE wnY • D.P. rT . (.101H L ‹ FENCE 12 Fl . 0IrT GnTE 1% .20 11.1 z 0 Z • X U) -J 7 , 0 0 • a 3 lu(LHF3 Or LINE ROCK SURFACE I I • DRAINAGE \./ 0 T . clinitl LINK FENCE riG MODIrGE MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: JANUARY 23, 1991 RE: CONDITIONAL USE PERMIT MAGNUM TOWING At the January 22 Advisory Planning Commission meeting, a Conditional Use Permit for Magnum Towing to allow outdoor storage in the Light Industrial district was approved 6/1 after a lengthy discussion. The major concerns expressed by the Commission were: 1) that twice previously the Conditional Use Permit for this use had not been renewed on time by the applicant and that he has been operating without a valid Conditional Use Permit since last March. 2) Over the past five years the City has received complaints, both verbal and written, that the applicant is taking the tow truck home and making service calls at home. The loud diesel truck seems to have been the biggest problem. Attached is a portion of the City Code dealing with the parking of vehicles and the portion of the Code dealing with Home Occupations. Condition #1 of the staff report was changed to read, "The permit shall allow storage of impounded, or towed vehicles, only." The reason the one-year time limit was placed in the staff report is due to the fact that the Conditional Use Permit had not been renewed and there was no attempt by the applicant to resolve the current situation since last March. The City sent a letter to the applicant regarding this matter in May. A follow-up letter was once again sent in May, to which the City received no response. It should also be noted that the Comprehensive Land Use Plan designates this area as D-I (0-3 units per acre), and as a result the businesses in the area should be monitored closely as the property may change its use from Industrial to Residential in the future. If you have further concerns, please advise. City Planner JS/js '77 required front yard setback line shall become the average setback established by the existing dwellings located in the block. This shall not supersede the requirements of Subdi- vision 6, Subparagraph C of this Section where applicable. C. Uses Not Provided for Within Zoning Districts. Whenever in any district, a use is neither specifically permitted or denied, a property owner may request a study by the City to determine whether the par- ticular use is compatible with the zoning district in which it is proposed to be located. D. Request for a Variance, Conditional Use Permit or Rezoning. A request for a variance, conditional use permit or rezoning, which has been acted upon may not be requested again until a period of twelve (12) months has passed unless the applicant can show to the satisfaction of the Council that the conditions which were present when the earlier request was filed, have changed or that the request is substantially different. E. Parking Limitations on Large Vehicles. The Council may direct the removal or otherwise limit the parking of any large vehicle upon or adjacent to any resi- dential use where it is determined that said parking has a detrimental effect upon residential use. Said large vehi- cles shall include, but not be limited to, buses, motor homes, cruisers, or trucks. F. Parking of Mobile Homes. Mobile homes shall not be permitted to be located for storage or habita- tion in any zoning district except in an approved mobile home park, without a special permit being issued by the Council as required by Section 4.40 of Chapter 4. G. Temporary Uses. The Council may grant a special permit for a period of not to exceed thirty (30) days for a temporary use not otherwise provided for by this Section. Said temporary use may include, but is not limited to, storage of materials for highway construction, Christmas tree sales, special promotions and/or similar uses. Subd. 20. Fences. A. Construction and Maintenance. Every boundary line fence shall be maintained in a condition of reasonable repair and shall not be allowed to become a public or private nuisance. Electric boundary fences shall only be permitted in the "A" District when related to farm- ing, and on farms in other districts when related to farming but not as boundary fences. B. Residential District Fences. In all parts of the City zoned residential, boundary fences shall be subject to the following requirements: (1-1-83) 281 7t . S 11.03 building, between the building and the line five (5) feet from the building. • Source: Ordinance No. 52 Effective Date: 4-25-75 • 26. "Single Garage" has a minimum of 10 foot width . and a minimum of 240 square feet. "Double Garage" has a minimum width of 20 feet and a minimum length of 22 feet. Source: Ordinance No. 66, 2nd Series Effective Date: 7-15-88 27. "Garage Sale" - Any display of goods and/or salesmen's samples and sale of said goods on a property customarily used as a residence. The person(s) conducting the sale shall be a resident (s) of the immediate neighborhood. 28. "Home Occupation" - Any gainful occupation meeting all of the following requirements when engaged in only by persons residing in their dwelling, when that occupation is conducted within the principal structure, when evidence of the occupation is not visible from the street, when no signs are present other than those permitted in the "R" Districts, no stock in trade is stored on the premises, over-the-counter retail sales are not involved, and entrance to the home occupation is gained from within the structure. A professional person may use his residence for consultation, emergency treatment or performance of religious rites, but not for the general practice of his profession when such general practice will involve the need for more than three (3) parking spaces for the occupant and visitors. No accessory buildings or attached garage shall be used for such home occupations. Home occupations include srofessional offices, minor re air services, photo or art tudios, dressmaking, teaching limited to three (3) students at any one time, and similar uses. A home occupation shall not be interpreted to include beauty or barber shops, tourists homes, restaurants or similar use; however, these may be allowed as permitted under Section 11.20 of this Chapter. 29. "Horticulture" - The production and storage of fruits, vegetables, and keeping, raising or production of livestock. 30. "Junk Yard" - An area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, abandoned, packed, disassembled, or handled, including but not limited to scrap iron, and other metals, rags, paper, rubber products, bottles and lumber. 267 (7-1-89) CI if --- II --:' .e 111 i.\_city of aagan — 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN,MINNESOTA 55122-1897 rya PHONE:(612)454-8100 DAVID K.GUSTAFSON FAX:(612)454-8363 PAMELA McCREA TIM PAWLENTY THEODORE May 18, 1990 Council Member • THOMAS HEDGES City Atlm r strator EUGENE VAN OVERBEKE . City Clerk KEVIN MELLON 4333 DIAMOND DRIVE EAGAN, MN 55122 RE: MAGNUM TOWING _ _ (j 11 i 3 .-.;(,..4.-k_ ( 14•44 LA.-t 's i '. A M.-L. Dear Mr. Mellon: • On March 15, 1988, the City Council approved your application for extension of a Conditional Use Permit to allow outside storage at 4861 Biscayne Avenue. One of the conditions of this approval was "the permit shall be limited to two years from the date of approval at which time it will be reviewed for extension." Because your Conditional Use Permit expired on March 15, 1990,your outdoor storage at 4861 Biscayne Avenue is in violation of the City Code. For your convenience, I have enclosed an application for a Conditional Use Permit. If you have any questions regarding this letter, please feel free to call me at 454-8100. Sincerely, . Michael J. Riley Zoning Administrator janner I MJR/js - CC: Jim Sturm, City Planner THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY • Equal Opportunity/Atfi�tion Employer Page 2/Eagan Advisory Planning Commission Minutes January 22 , 1991 Member Trygg asked why a master sign plan was needed if it was being changed. City Planner Sturm stated that the master sign plan was not officially adopted. Member Merkley asked if the number of signs would increase. City Planner Sturm stated yes, by one. Miller moved, Voracek seconded, the motion to approve a conditional use permit to allow a pylon sign located on Lot 1, Block 1, Cliff Lake Centre 2nd Addition, along Cliff Lake Drive north of Cliff Road in the southwest quarter of Section 29, subject to the following conditions: 1. Signs shall be subject to the one time sign fee of $2 . 50 per square foot. 2. Sign face shall be limited to user identification/logo and time and temperature messages only. 3 . All other applicable Code ordinances. All voted in favor. CONDITIONAL USE PERMIT - KEVIN MELLON D.B.A. MAGNUM TOWING Chairman Graves opened the next public hearing for the evening regarding a conditional use permit to allow outdoor storage in an LI (Light Industrial) district on Lot 3, Block 1, Halleys 1st Addition located along the west side of Biscayne Avenue in the southeast quarter of Section 36. City Planner Jim Sturm presented a brief application summary and overview of the staff report. He referenced the neighbor complaints that Mr. Mellon was bringing his tow truck home from the Biscayne site and going out on night calls. He stated staff had no concerns with the Biscayne site but the business operation in general had caused neighbor complaints. Kevin Mellon stated he was available for questions. He said he had concerns with three of the conditions. On condition number one, he stated that cars and trucks were not the only items stored at this site. He stated they also stored snowmobiles, motorcycles, trailers, etc. On condition number two, he requested a long term approval as he had signed a five-year lease with the property owner. He felt this would stabilize contract negotiations with potential customers. Page 3/Eagan Advisory Planning Commission Minutes January 22 , 1991 Mr. Mellon stated he did not understand the purpose of condition number three. City Attorney Mike Dougherty explained condition three. Chairman Graves recapped Mr. Mellon's compliance history. He asked if the City mailed notice of conditional use permit expirations. City Planner Sturm stated that the City did not. He further said that condition one was not a staff concern but that staff felt strongly about keeping conditions two and three intact. Chairman Graves asked Mr. Mellon what types of contracts he handled. Mr. Mellon explained they did towing for many public and private entities. Chairman Graves asked how long the towed and impounded vehicles were kept. Mr. Mellon stated that some would be kept for up to a year and a half. Member Trygg asked what other businesses in the area were operating under. City Planner Sturm stated that most businesses in the area were operating with conditional use permits. Member Miller referenced the neighborhood residents' complaints. He suggested that a condition be added requiring the home based towing to cease. Mr. Mellon stated that he had offices at the lot and that he brought a tow truck home with him. He said his attorney had reviewed the City's ordinance and felt Mr. Mellon was not violating . it. Mr. Mellon further stated that he was not on speaking terms with his neighbor. Member Miller asked Mr. Mellon if he received calls during the night. Mr. Mellon stated that he received pages and he would call his dispatcher. He further explained that the phone at the Biscayne site would be forwarded to his home if a dispatcher were not available. Member Voracek asked if Member Miller's condition could be added and if it was appropriate. City Attorney Mike Dougherty stated that it would be proper to add a condition insuring that the vehicle remains at the Biscayne site. Chairman Graves stated that there was already an ordinance dealing with parking of large vehicles in residential areas and that this should be the controlling mechanism. Member Staehli said she had difficulty with discussing the two locations when only the Biscayne site was in question. She also had difficulty with preventing a tow truck from being driven home. She had genuine concerns regarding the rights of the applicant versus the duties of the City. She also felt any phone calls received by him at home were his business. Member • it Page 4/Eagan Advisory Planning Commission Minutes January 22, 1991 Miller stated that he was not against small business or Mr. Mellon getting phone calls at home, but he did feel there were genuine items of concern regarding Mr. Mellon's home operations. Mr. Mellon stated that the tow truck was a regular 3/4 ton pickup modified to handle a towing rig. Member Voracek asked that condition number one be reworded to allow only impounded or towed vehicles. He felt conditions two through five should be left as is. Member Trygg asked if the conditional use was tied to the land. City Attorney Dougherty responded that it was. Mr. Mellon stated that he would show good faith in the future to the City. Member Hoeft suggested that Mr. Mellon look into parking spots for his tow truck at nearby filling station locations. Member Miller stated he would vote to deny the conditional use permit due to the lack of good faith on the part of the applicant in the past. Member Graves stated that he concurred with Member Miller's observations as to good faith and . felt that the conditions would insure future compliance. Member Voracek agreed. Voracek moved, Staehli seconded, the motion to approve a conditional use permit to allow outdoor storage in an LI (Light Industrial) district on Lot 3, Block 1, Halleys 1st Addition, located along the west side of Biscayne Avenue in the southeast quarter of Section 36, subject to the following conditions: 1. The permit shall allow storage of impounded and/or towed vehicles only. 2 . The permit shall be valid for one year from the date of Council action. 3 . This conditional use permit shall be recorded with Dakota County within sixty days of Council action and shall not become effective until the date of recording. 4. No "For Sale" signs shall be displayed and no sales or repair operations shall be conducted. 5. All applicable City ordinances. All voted in favor, except Miller who voted against. Agenda Information Memo February 5, 1991 City Council Meeting COMPREHENSIVE LAND USE GUIDE PLAN MAP REPRINT G. Comprehensive Land Use Guide Plan Map Reprint, City of Eagan, Update to January 1991 to 1) Incorporate All Land Use Designation Amendments Approved Since August 1988, 2) Refine Land Use Boundaries to Reflect Actual Development Boundaries, and 3) Include Omissions and Correction of Errors on August 1988 Map--The planning division of the Community Development Department is preparing an update to the Comprehensive Guide Plan Land Use Map for reprinting in early 1991. The existing map is dated August 1988 and is current only through that date. The update will accomplish the three basic objectives as listed above. At its regular meeting of January 22, 1991, the Advisory Planning Commission held a public hearing to consider this Comprehensive land Use Guide Plan Map update and reprint. For additional information concerning this item, please refer to the Commun y Development Department staff report which is enclosed on pages .7 through for your review. Also enclosed on page/ 9(ptltrruigh is a copy of the Advisory Planning Commission minutes related to this item. The APC is unanimously recommending that the map be updated and reprinted. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the updating and reprinting of the Comprehensive Land Use Guide Plan Map. 7 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: JANUARY 23, 1991 RE: COMPREHENSIVE LAND USE GUIDE PLAN MAP REPRINT At the January 22 Advisory Planning Commission meeting, the staff report for the Comprehensive Land Use Guide Plan Map reprint was reviewed by the Commission and a motion was taken to recommend a reprint of the August 1988 map. There was very little discussion by the Commission and there was no public comment regarding this matter. If you would like additional information, please advise. City Planner JS/js , SUBJECT: COMPREHENSIVE LAND USE GUIDE PLAN MAP UPDATE AND REPRINT APPLICANT: CITY OF EAGAN LOCATION: CITYWIDE DATE OF PUBLIC HEARING: JANUARY 22, 1991 DATE OF REPORT: JANUARY 15, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT BACKGROUND: Planning Division staff is preparing an update to the Comprehensive Guide Plan Land Use Map for reprinting in early 1991. The existing map is dated August 1988, and is current only through that date. This update will accomplish three basic objectives: 1) incorporation of all land use designation amendments approved since August 1988; 2) refinement of land use designation boundaries to reflect actual development boundaries; and 3) inclusion of omissions and correction of errors on the August 1988 map. AMENDMENTS: Since August 1988, thirty-one land use designation amendments have been approved by the City Council. The map update and reprint would incorporate each of these amendments. Attachment "A" to this report contains a list of each of these amendments. REFINEMENTS OF BOUNDARIES: The Comprehensive Land Use Guide Plan Map designates the types and locations of land uses for all property in Eagan. These land use designations indicate what type of development the City envisions occurring when areas develop. Often, the Land Use Guide designation matches the existing development. In cases where the Land Use Guide designation does not match the existing development, the Land Use Guide designation is used as a "guide" to any future development or redevelopment of the area. The boundaries of land use designations are often generally located, particularly in relation to undeveloped or underdeveloped parcels. As these areas are developed or redeveloped, the boundaries of the land use designations can be refined to reflect the actual proposed development. Of particular note are P Park-designations in undeveloped areas. For example, the intent to provide parkland for future residential development in Sections 23 and 24 was shown on the August 1988 Land Use Guide Plan map by a generally-located circular "P Park" designation. Since 1988, several residential subdivisions have been platted in this area, and the specific location of parkland as dedicated to the City was indicated with these plats. As such, the updated Land Use Guide Plan map should reflect this refinement of park location. g. Other types of refinements would include adjustments of land use boundaries to more closely reflect actual recognizable boundaries (eg., property lines, streets, 1/4 section borders, etc.) between the various land use designations. These refinements will help clarify the actual land use designation of a particular parcel. Such refinements are only essential for those areas on the existing map which are prone to confusion (eg., small parcels, large gaps between designations, vague boundaries that do not follow any recognizable land division, etc.). Attachment "B" to this report lists the refinements which will be incorporated into the map update and reprint. OMISSIONS AND ERRORS: Land use designations were omitted, simply through oversight, for several parcels on the land use map. These omissions include PF designations for nearly all churches which were in existence prior to 1988 and a P designation for Fort Snelling State Park and the Minnesota River Valley (i.e., the land north and west of the Chicago & Northwestern Railroad line). Errors on the map include incorrect locations of the land use designations for a few parcels, the notation in the map legend of "P" as Parks and Quasi-Public, and the use of "Golf' and "E, M, HS" designations. Inaccurate land use locations will be corrected, the map legend will be corrected to note "P" as Parks and "PF' as Public Facility (including schools) and Quasi-Public, and currently-designated "Golf' and "E, M, or HS" parcels will be redesignated as "PF". Attachment "C" to this report lists the omissions and errors which will be added/corrected for incorporation into the map update and reprint. ACTION TO BE CONSIDERED: To recommend a reprint of the August 1988 Comprehensive Land Use Guide Plan Map, including the above noted items, thereby updating this map to January 1991. 2 ATTACHMENT "A" DATE OF DATE OF ADDITION OR NAME LAND USE CHANGE APC ACTION CC ACTION Lexington Pointe CPD to D-I 2-24-87 3-3-87 1st Addition' Lexington Pointe CPD to D-I 4-30-87 5-19-87 2nd & 3rd Additions' All Saints Lutheran D-II to PF 6-28-88 7-19-88 Church Addition' Rahncliff 2nd Addn. LB and RB to CPD 6-28-88 9-13-88 Saints Mary & Martha D-III to PF 11-22-88 12-20-88 Episcopal Church Addn. Sterns Addition D-II to PF 2-28-89 3-7-89 Park Center Addition D-III to CPD 11-22-88 3-7-89/8-15-89 Coventry Pass Addition IND, D-II and P to 2-28-89 4-4-89 D-II and P HUD-Kensington D-III to P 2-28-89 4-4-89 HUD-Daniel Drive CPD to D-I 2-28-89 4-4-89 Rasmussen College Addn. D-III to LB 3-28-89 4-18-89 Phillips 66 Addition' LB to GB 4-25-89 5-15-89 Duckwood Crossings LB to GB 6-27-89 7-5-89 Eagan Evangelical D-I to PF 7-25-89 8-15-89 Covenant Church Addn. George Giles Additions LB to GB 8-22-89 9-19-89 O'Neil PD D-III to CPD 9-14-89 10-3-89 3 ATTACHMENT "A", CONTINUED DATE OF DATE OF ADDITION OR NAME LAND USE CHANGE APC ACTION CC ACTION Lance Company D-III to CPD 9-26-89 10-3-89 Eagan Center PD CPD to CPD (specified 9-26-89 10-17-89 uses) West Publishing Eagan D-I, D-II and D-III to 12-21-89 1-4-90 Corporate Center IND Wilmus Addition D-II to PF 2-22-90 3-6-90 Water Treatment Facility P to P and PF 2-22-90 3-6-90 (Joseph Connolly Addn.) Southern Lakes Addition D-II to D-I 4-24-90 5-17-90 Sherwood Downs Addn. D-II to D-I 4-24-90 6-5-90 Woodlands North Addn. D-I and D-III to 5-22-90 6-5-90 D-I, D-II and D-III Area K D-IV to D-III 5-22-90 6-19-90 Area R - Parkland D-III to P 5-22-90 8-7-90 Area A D-I to D-II and LB 7-24-90 8-21-90 Area Q D-III to D-I 7-24-90 8-21-90 Area I D-III to D-II 8-28-90 9-18-90 McCarthy Waiver D-I to P 10-23-90 11-20-90 Hoeft Addition D-III to D-I 11-27-90 12-4-90 4 Z°\ ATTACHMENT "B" BOUNDARY REFINEMENT LAND SECTION Refine southeast boundary of existing PF/CPD to indicate that NE 1/4 Sec 4 the PF boundary encompasses only the Lost Spur Country Club property Refine north boundary of existing P and south boundary of SW 1/4 Sec 9 existing D-III to align with actual property lines to eliminate the existing gap between these boundaries Refine existing P boundary to align with actual property SE 1/4 Sec 12 lines of Bur Oak Hills Park Refine existing east/west IND/D-II boundary to align with SE 1/4 Sec 12 recognizable property boundary Refine existing west D-I boundary to align with Bur Oak SW 1/4 Sec 12 Hills 2nd Addition boundaries, as platted with single-family lots, thereby removing NB designation Separate existing P and E (see "Omissions and Errors) SE 1/4 Sec 14 designations to align with actual park and school property lines Refine existing south CSC boundary to align with actual NW 1/4 Sec 15 commercial area property boundaries (i.e., south 1/4 section border) Refine existing west D-II and east D-I boundary to align with SE 1/4 Sec 15 actual property lines separating existing single-family lots from townhouse lots Refine existing PF boundary to align with the actual Town Hall SE 1/4 Sec 16 and and Fire Administration building property boundaries NW 1/4 Sec 21 Refine existing IND to encompass all of the SE 1/4 of Section SE 1/4 Sec 18 18 south and east of the railroad, thereby removing the generally-defined area of P, to reflect the recent rezoning of property in this area from R-4 to I-1 (the potential for additional residential development in the area, and therefore the demand for a future park, was greatly reduced with this rezoning action) 5 Ck ATTACHMENT "B", CONTINUED BOUNDARY REFINEMENT LAND SECTION Refine existing D-IV boundary to align with actual multi-family NE 1/4 Sec 19 development property boundaries Refine existing IND boundary to align with Chicago & SW 1/4 Sec 18 and Northwestern Railroad NW 1/4 Sec 19 Delete existing NB as developable parcels in this area no longer SW 1/4 Sec 19 exist due to R.O.W. acquisition Refine south boundary of existing PF to align with and include NW 1/4 Sec 20 fire station property Refine existing D-I boundary to encompass all Westbury NE 1/4 Sec 22 Additions to indicate that all was platted/developed as single- family, thereby removing D-II designation Refine existing P to align with actual park boundary, as NE& NW 1/4 Sec 24 dedicated/platted with Bridle Ridge and Hills of Stonebridge Additions Extend existing P from NW 1/4 of Section 24 to align with SW 1/4 Sec 24 actual park boundary, as dedicated/platted with Hills of Stonebridge Additions Refine west boundary of existing D-I to align with west 1/4 NW 1/4 Sec 25 section border, as a recognizable boundary division between designations Refine existing P to align with actual Trapp Farm Park NW 1/4 Sec 25 boundary Refine existing P to align with actual Lakeside Park SE 1/4 Sec 25 boundary Refine existing D-I and D-II boundaries to align with Daniel NE 1/4 Sec 26 Drive/division between Northview Meadows Additions and Lexington Pointe Additions, as a recognizable boundary division between designations 6 °\\, ATTACHMENT "B", CONTINUED BOUNDARY REFINEMENT LAND SECTION Refine existing P to align with actual Walnut Hill Park SE & SW 1/4 Sec 26 boundary Refine existing P to follow actual High Line Trail boundary SE & SW 1/4 Sec 29 Refine existing P and D-III to align with actual subdivision SW 1/4 Sec 29 boundaries, as platted with Cliff Lake Centre Addition Delete existin g developable parcels as develo able arcels in this area no NW 1/4 Sec 30 longer exist due to R.O.W. acquisition Refine north boundary of existing D-I and south boundary of NW 1/4 Sec 31 existing D-III to align with each other at the division between Oak Cliff Pond and Oak Cliff Additions, thereby removing D-II designation, to reflect that all was developed as single-family or townhouse Refine P to follow actual park boundary, as dedicated/platted NE 1/4 Sec 36 with Manor Lake Addition 7 ATTACHMENT "C" OMISSION OR ERROR LAND SECTION Add Fort Snelling/Minnesota River Valley flood plain (i.e., NW & SW 1/4 Sec 4, area north and west of Chicago & Northwestern Railroad) as Section 5, a P designation Section 7, Section 8, NW 1/4 Sec 9, NW 1/4 Sec 17, Section 18, and NW 1/4 Sec 19 Change Pilot Knob School designation from E to PF NE 1/4 Sec 9 Change Carriage Hills Golf Course designation from GOLF to NW & SW 1/4 Sec 14 PF Change Woodland School designation from E to PF SE 1/4 Sec 14 Add Park/Ride facility as PF designation NW 1/4 Sec 15 Add Leibel Addition as an LB designation, to indicate NE 1/4 Sec 19 and office use NW 1/4 Sec 20 Change Cedar School designation from E to PF SE 1/4 Sec 19 Add Peridot Park as a P designation NE 1/4 Sec 20 Add Cedar Grove Baptist Church as a PF designation SW 1/4 Sec 20 Change Deerwood School designation from E to PF, SE 1/4 Sec 21 and refine to show all as PF, thereby deleting P Add Advent United Methodist Church as a PF designation NE 1/4 Sec 22 Change Eagan Municipal Center and Wescott Library from NW 1/4 Sec 22 CITY HALL/LIBRARY to PF Add St. John Neumann Church and Beautiful Savior Church as SW 1/4 Sec 22 PF designations Change Eagan High School designation from HS to PF NE & SE 1/4s Sec 23 8 a\l') ATTACHMENT "C", CONTINUED OMISSION OR ERROR LAND SECTION Change Dakota Hills Middle School and Northview School SW 1/4 Sec 23 designations from M and E to PF Add Praise Lutheran Church, Calvary Memorial Church, and NW 1/4 Sec 25 Fire Station No. 4 as PF designations Add Easter Lutheran Church as PF designation NW 1/4 Sec 27 Change Thomas Lake School designation from E to PF NE 1/4 Sec 28 Change boundary of existing D-III designation to follow NW 1/4 Sec 28 outside boundary of PID 10-02800-011-26 (land use designation • for this entire parcel was amended to existing D-III designation on April 19, 1988, but was incorrectly drawn on map) Change Christ Lutheran Church designation from CH to PF NW 1/4 Sec 29 Change Metcalf Jr. High School designation from M to PF NW 1/4 Sec 30 Change Rahn School designation from E to PF SE 1/4 Sec 30 Change Cedar Ridge Christian Church designation from NE 1/4 Sec 31 CH to PF Add Ridgecliff Park Trail between Johnny Cake Ridge Additions NW 1/4 Sec 33 as P designation Change Parkview Golf Course designation from GOLF to PF NW 1/4 Sec 34 Move PF designation for Chapel Hill Baptist Church from NW&SW 1/4 Sec 34 incorrect location in the NW 1/4 of Section 34 to the correct location of the actual church property in the SW 1/4 of Section 34 Add George Ohmann Park as a P designation NW 1/4 Sec 34 9 q ATTACHMENT "A" ENDNOTES 1. When Lexington Pointe 1st Addition was platted in 1987, the City Council approved a plan amendment changing the land use designation from CPD to D-I. However, in April 1989 during a review of proposed plan amendments in the vicinity of Lexington Pointe 1st Addition, staff learned that this plan amendment had never been transmitted to the Metropolitan Council. On this discovery, staff transmitted this amendment to the Metropolitan Council for its review and approval. 2. The same situation that occurred with Lexington Pointe 1st Addition occurred with Lexington Pointe 2nd and 3rd Additions. See endnote 1. 3. Although the plan amendment for All Saints Lutheran Church Addition was approved by the City Council and transmitted to the Metropolitan Council prior to August 1988, it was not included on the August 1988 Land Use Guide Plan map. 4. The developer for Phillips 66 Addition originally included only 1.2 acres in its project. After the plan amendment for this addition was approved by the City Council and transmitted to the Metropolitan Council, the developer added an additional 0.78 acre to the project, and renamed it George Giles Addition for the final plat. As such, two separate plan amendments were approved by the City Council and transmitted to the Metropolitan Council, although the subject sites are now one plat. 5. See endnote 4. 10 Page 5/Eagan Advisory Planning Commission Minutes January 22 , 1991 COMPREHENSIVE LAND USE GUIDE PLAN MAP REPRINT - CITY OF EAGAN Chairman Graves opened the last public hearing for the evening regarding a reprint of the Comprehensive Land Use Guide Plan map. (August, 1988) . City Planner Jim Sturm informed the Planning Commission that the reprint will update the map to be current as of January, 1991 and will achieve three primary objectives, those being: 1. Incorporation of land use designation amendments approved since August, 1988. • 2 . Refinement of land use boundaries to reflect actual development boundaries. 3 . Inclusion of omissions and corrections of areas on the August, 1988 map. Member Voracek asked what would prevent future errors. City Planner Sturm stated that the City now had more staff available to monitor these changes. Merkley moved, Trygg seconded, the motion to approve a reprint of the Comprehensive Land Use Guide Plan map (August, 1988) . All voted in favor. ADJOURNMENT Miller moved, Voracek seconded, the motion to adjourn the January 22 , 1991 Advisory Planning Commission meeting at 8: 00 p.m. All voted in favor. Secretary - Eagan Advisory Planning Commission 94 Agenda Information Memo February 5, 1991 City Council Meeting REQUEST TO USE CITY LOGO/1991 SPECIAL OLYMPIC GAMES A. Request to Use City Logo in Promotion of 1991 Special Olympic Games--Assistant Finance Director, Ken Damlo has volunteered to serve on the 1991 Special Olympics Community Programs Committee. The 1991 International Special Olympic Games are scheduled to be held in the Twin City area July 19 - 27, 1991, involving over 6,000 athletes with mental retardation from nearly 90 nations. This will be the single largest sporting event in the world in 1991 and the largest multi-sport event ever held in Minnesota. Local communities have been "matched" with a participating country and have been asked to develop a community programs committee. This is the committee upon which Assistant Finance Director Damlo serves. The country with which Eagan has been matched is South Korea. The committee will be asking for a City Council resolution acknowledging the connection with South Korea,welcoming the athletes and supporting the games at a later date. Currently, the committee is attempting to develop awareness both of the games and of Eagan's South Korean connection. In conjunction with this effort, the committee is attempting to develop a logo to be used on posters and other promotional items such as buttons or handkerchiefs. The actual design is being worked on currently. The committee is requesting that the City Council grant permission to work the City of Eagan logo into this design. The focus of the committee's efforts will be on education and involvement rather than fund raising or any product promotion. The City of Eagan logo has been state certified. In the past, the City has been approached by a number of businesses and churches that have requested to use the logo in conjunction with their own logos and/or promotions. The City of Eagan has never granted permission to any of these groups. • Enclosed on pages through lq is a copy of a memo from Assistant Director of Finance Damlo on t is matter. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request by the 1991 Eagan Special Olympics Community Programs Committee to utilize the City's logo in a design to be used on posters and other promotional items for the purposes of education and community involvement. MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT FINANCE DIRECTOR DAMLO DATE: JANUARY 30, 1991 SUBJECT: 1991 SPECIAL OLYMPICS COMMUNITY PROGRAMS COMMITTEE I would like to up-date you on the 1991 Special Olympics Community Programs Committee for which I have volunteered to participate. As you know, the 1991 International Special Olympics Games are scheduled to be held in the Twin City area July 19 - 27, 1991, involving over 6,000 athletes with mental retardation from nearly 90 nations. The actual events, housing, and related arrangements are handled through the Central Organizing Committee. As part of this, local communities were "matched" with a participating country, and were asked to develop a community programs committee, whose efforts would involve: 1. Promoting the 1991 Special Olympics through various activities in the community; 2. Educate the community about people with mental retardation and the 1991 games through the schools and other programs; 3. Promote awareness of our City's connection with the participating country and develop interest on the part of residents to attend events and be involved as spectator - cheer teams. The country with which Eagan has been matched is South Korea. As would be expected, the central committee is very protective of the participants, so there does not expect to be much opportunity for direct contact with them' in the community during the games. The local committee's efforts, therefore, are concentrated on awareness, education and attendance at events. The Eagan Community Programs Committee is co-chaired by Michael Butala from Drovers First American Bank, Kathleen Wilson, a local Eagan resident, and Deanna Rodding, a teacher at Woodlands Elementary School. So far, there have been three committee meetings. Some of the early efforts will focus more through the schools. One class is writing letters to the Korean athletes. They will also be sent an Eagan lapel pen with this initial contact. Also, the Eagan High School basketball game on February 26 will be dedicated to Special Olympics and a short half-time program is being arranged. Teachers have been provided educational information and have been asked to incorporate it in their classes. SPECIAL OLYMPICS JANUARY 30, 1991 PAGE TWO There have been a couple of articles in the local newspapers, and they will continue to be contacted to build awareness leading up to the July games. We will also have an article in the City newsletter. Local civic groups, particularly the Lions, have expressed interest in assisting with this effort both through personal involvement and funding. Some activities have been discussed in connection with the local Fourth of July celebration. It is expected that costs to be incurred by the committee between now and July will be under $1,000, coming mostly from donations from the Lions and other groups or local businesses. This fund raising will be coordinated through the Chamber of Commerce. Also, I have discussed some ideas with the Eagan Park and Recreation Department and they have been very receptive. More details on what can be done will be developed over the next couple of months. We also thought a City Council resolution acknowledging our connection with South Korea, welcoming the athletes and supporting the games would be a good idea. We will ask for this when it gets a little closer to the actual event. To assist the local effort to develop awareness both of the game and Eagan's Korean connection, the committee is intending to develop a logo to be used on posters and other promotional items, such as buttons or handkerchiefs. The actual design is being worked on this week and I do not yet have a picture of it available. The concept involved incorporating the Eagan logo with the symbol from the South Korean flag. On behalf of the committee, I would like to request permission from the City Council for the use of the Eagan logo in this regard. Again, the focus on its use will be on education and involvement rather than fundraising or any product promotion. I will keep you posted as the work of this committee progresses. Let me know if there are any questions at this time. Assistant Finance Director KAD/j eh police department Lj PATRICK J.GEAGAN } Chief of Police X111111 City of aagan KENNETH D.ASZMANN --_--_-- Operations Captain 3830 Pilot Knob Road THOMAS EGAN Eagan,Minnesota 55122 Mayor Phone: (612)454-3900 DAVID K.GUSTAFSON FAX: (612)454-0718 PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE January 28, 19 91 City Clerk TO: PAT GEAGAN, CHIEF OF POLICE FROM: JERRY MESZAROS, LIEUTENANT SUBJECT: LIOUOR INVESTIGATION - BEER AND WINE LICENSE FOR APPLE'S RESTAURANT I. Introduction The following is a Police Investigation/Background Investi- gation of Patricia Boland, owner and manager of Apple' s Restaurant. II. License Type Patricia Boland has applied for a beer and wine license. III. Business Name Apple's Restaurant, 1260 Town Centre Drive, Eagan, MN 55123 IV. License Applicant Patricia Boland has owned her home in Lakeville since 1966, but has recently lived and owned a restaurant in Durham, N.C. She and her deceased husband operated the restaurant from 1984 to 1988 . Patricia Boland is the sole owner of Apple' s Plus, Inc. , a North Carolina Corporation, D.B.A. , Apple's Restaurant in Eagan. All personal checks came back clear on Patricia Boland. I checked with the Durham, N.C. Police Department and learned that they do not have any record against Pat Boland or Apple's Plus Restaurant. THE LONE OAK TREE. ..THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer LIQUOR INVESTIGATION FOR APPLE'S RESTAURANT Page 2 V. Financial Patricia Boland has approximately $100, 000 invested in Apple' s Restaurant. The money came from the sale of the restaurant in North Carolina, personal savings and life insurance proceeds. VI. References I was only able to contact two references. Mr. Lovelace stated he knows Pat Boland through his wife. He really doesn't know much about her. Florence Andresen stated that she has been a neighbor to Pat Boland for approximately 15 years. She stated that Pat is a very nice neighbor and a good person, but she knows nothing about Pat' s business ventures. VII. Based on the information given me through my investigation of Pat Boland, I find no reason to deny the issuance of a beer and wine license. t ( (A ' /0 :Jerry eszar�s Li'eut nant JM:lb • MINNESOTA DEPARTMENT OF PUBLIC SAFETY PS911411-97) PHONE(612)296-6159 LIQUOR CONTROL DIVISION 333 SIBLEY • ST.PAUL,MN 55101 APPLICATION FOR COUNTY OR CITY ON SALE WINE LICENSE NOT TO EXCEED 14% OF ALCOHOL BY VOLUME EVERY QUESTION MUST BE ANSWERED. If a corporation,an officer shall execute this application. If a partnership,a partner shall execute this application. If this is a first application attach a copy of the articles of incorporation and by-laws. Applicants Name(Business,Partnership,Corporation) Trade Name or DBA �� / C pi,/7" �s • f?EsT�1.�'�r��✓ Busin s Address d6e.Phone Applicants Home Phone 2,e.c.•/9 6/7 k•.-/'F D.'/61.E- (6/4 ) :7 )93-- 9/9 (6%Z 9- iY) City County State Zip Code E9]/9,-/ )0//�cT ,SS7 Is this applicat' n If a transfer,give name of former owner License period New ❑ Renewal ❑Transfer From To If a corporation,give name,title,address and date of birth of each officer.If a partnership,give name,address and date of birth of each partner. Partner/Officer Name and Title Address DOB r"j/i�'i�� /y 5C L/c/ P.(4/<.-;.T/(4 / 7 ) Partner/Officer Name and Title / Address An �/ Lii� )1/? 5561 DO Partner/Officer Name and Title Address DOB Partner/Officer Name and Title Address DOB CORPORATIONS State of • Date of / �( Certificate L // ncorporation / 6 " Number ( Is corporation authorized to do business in Minnesota? C3'Yes ❑ No If a subsidiary of another corporation, give name and address of parent corporation THE BUILDING Name of / / / , Owners n Building Owner I-=OL- , 'TG- Z,/` �-" • Address 4/74 /7 i ft' 71:4 ...a/4'c cC/k1 4 // Has the building owner any connection � /�?� Are the property taxes deliquent? ❑ Yes 6.No direct or indirect,with the applicant? ❑ Yes 'No Describe the premises to be licensed /(1/1,4 6lEl!1&'E 42'/(A- THE RESTAURANT What is the During what hours will Number of people Seating capacity? / food be available? //1,0/4M-//)./144 restaurant will employ? How many months per year Will food service be the principal will the restaurant be open? r business of the restaurant? JS(Yes ❑ No ()ATE ; -;, ' CITY OF EAGAN NEW ON SALE FEE 3830 PINT MOB ROAD RENEWAL OFF SALE FEE EACAN, MINNESOTA 55122 TEMPORARY TEMPORARY FEE $25.00 APPLICATION FOR NON-INTOXICATING HALT LIQUOR LICENSE III PLEASE PRINT Eta= , c Z/?//1 7(7 lc iii 4 A.V • /f 9/2 hairf/f Ai./L. Last First Middle 'Last _ First Middle Address j/ 4// �l`S T/I S'%kfc WC.c/ Address /-;24/ - (-� " s'.EtT z(ii :% Street Street %.Ai Ki-c'iLC,= MA/1 ,S<<,yy 4,41/--,E /L(.c /In ,-(:'c,4C City State Zip City State Zip Phone (.5__S-(/1C', Birthdate fl-j' - 7' Phone � .9_ c42 Birthdate ,5--/ -<J S MADE'NAME /// /l¢S l�f_--Si//zr/1 EA' /, •NAGER•S' AHE 0 :` I c ' as _ First Middle Add re s s /Ill %C�� /% ({,i //,'f /) /rt-- Address /C;74% JDS.h ..cj,j'�_%--- ¢ ,/ Street Street City ! State Zip City State Zip Phone ( 5,- .. - , / �S Phone Ql: �j ,,fl` 7/Birthdate. ,5--:-n' -._%7 HEREBY APP IES POR' NON,-INTOXICATING L'R•UORt LICENSE for the year /V96 , from / (1/ to /. 9 / . Event: month date month date (for temporary license) Location: /,r�, C' Te c, i I 6',;7 %�,1i;Are you the actual proprietor? Yes QC ) No ( ) Address Are you the owner of the property of the business location? Yes ( ) No (X) /1c //r r>--, /l G His any ocher license of this kind been granted to you? Yes (X') No ( ) Where / ; '-/ - j' • City, eY ar Are any taxes, assessments or utility bills for the premises unpaid or deliquent? Yes ( ) No ('b). if yes , give reason. During the past year, has a summons been issued under the Liquor Civil Liability Law HS iO4.A802? Yes ( ) No 00. If yes, attach summons copy. Have you ever been convicted? Yes ( ) No V) City (00,2r than a traffic offense) Is this a joint ownership or silent partnership? Yes ( ) No (A). If yes, please attach a listing of complete names, dates of birth, addresses and telephone numbers for everyone involved. I HEREBY VERIFY THAT THERE HAS BEEN NO CHANCE IN OWNERSHIP OR HANACERS IN THE PAST YEAR. THE LICENSEE HEREBY ACREES TO INDEMNIFY AND HOLD EACAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDINC ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH THE CITY OF EACAN MAY INCUR IHY REASON OF ANY ACTIVITIES ARISING FROM THE CRANTINC OF THIS 32 BEER LICENSE. I (we) HEREBY ACREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EACAN. THE FORECOINC STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDCE AND , ELIEF. � AUTHORIZED SICNATURE / • (1� �{ Sri : ' �i; %� - F rst Full Middle Last FOR.,.CITY USE QNL/ POLICE APPROVAL: Yes �\r) No ( ) SICNED-4 r , ✓ � _ DATED ' '. .4,7 (// ITY COUNCIL APPROVAL: Yes ( ) No ( ) SICNED I \ DATED J -- ----- -- ----- -- 9.81 • If this restaurant is in conjunction with another business(resort,etc.),describe the business. OTHER INFORMATION 1. Have the applicant or associates been granted an on-sale non-intoxicating malt beverage (3.2)and/or a"set-up"license in conjunction with this wine license? ❑ Yes t`No 2. Is the applicant or any of the associates in this application a member of the county board or the city council which will issue this license? ❑Yes X No If yes,in what capacity? . (If the applicant is the spouse of a member of the governing body, or another family relationship exists,the member shall not vote on this application.) 3. During the past license year has a summons been issued under the liquor civil liability law (Dram Shop) (MS. 340A 802). ❑ Yes l%No If yes attach a copy of the summons. 4. Has the applicant or any of the associates in this application been convicted during the past five years of any violation of federal, state or local liquor laws in this state or any other state? ❑ Yes No If yes,give date and details. 5. Does any person other than the applicants, have any right,title or interest in the furniture, fixtures or equipment in the licensed premises? ❑ Yes )I}7 No If yes give names and details. 6. Have the applicants any interests, directly or indirectly, in any other liquor establishments in Minnesota? ❑ Yes ( No If yes, give name and address of the establishment. I CERTIFY THAT I HAVE READ HE/ABOVE QUE ONS D7HAT THE ANSWERS ARE TRUE AND CORRECT OF MY OWN KNOWLEDGE. /17t cry / /.7.G/ ?Lei -/ Signature of Applicant Date IF LICENSE IS ISSUED BY THE COUNTY BOARD; REPORT OF COUNTY ATTORNEY I certify that to the best of my knowledge the applicants named above are eligible to be licensed. ❑ Yes ❑ No If no, state reason. Signature County Attorney County Date REPORT BY POLICE OR SHERIFF'S DEPARTMENT This is to certify that the applicant,and the associates,named herein have not:,yen convicted within the past five years for any violation of Laws of the State of Minnesota, Municipal or County. Ordinances relating to Intoxicating Liquor, except as follows Pot ,c,Sheriff RepartTent Name IN\ 1-T 1 \ � �� 1 � S n at r \ ti) 13 s,+__ri MINUTES OF*SPECIAL MERE 1HG OF THE EAGAKf Ott COU11.CIL Eagan,liAfiiiiesota JANUARY 8, 1991 A special meeting of the Eagan City:CO iii :y iefil: :::Tuesday, January 8, 1991 at 5:30 p.m. In the lunchroom at the Eagan Municipal Center. Pre nt were Mayor Egan,City Councilmembers McCrea, Pawlenty and Wachter and City Councilmember Gustafson who'arrived at 6:50 p.m. Also present was City Administrator Hedges. ADVISORY:COMMISSiOI:;I MVIEWS City Councilmembers interviewed twenty-six of the thirty-one residents who are seeking appointment to an Advisory Commission of the City Council. Those individuals who are not interviewed had a conflict and were unable to attend the special.City Council meeting as scheduled. Following an introduction of each*i*/.1 Jry Commission candidate to the City Council, Mayor Egan and each of the City Councilmembers asked:quastipras..relevant to the Advisory Commission each of the residents were seeking as an appointment. Ea6ii:frttetvie#.:.was approximately ten minutes in length beginning at 5:30 p.m. and continuing until the:last interview was-conducted at approximately 10:15 p.m. City Councilmembers were extremely pleased witOthe.talent:aitidi#r terest expressed by each of the residents seeking a Commission appointment. • • ::OTHER BUSINESS There was a brief discussion about meeting schedules for the remainder of January and letter to the editor in response to a citizen's letter about the growth and development of the community. The meeting was ad ptrned at:iQ:30 p.m. TLH Dated City Clerk • • MINUTES:Ok'A REGULAR M) E..'ING OF EAGAN CITY COUNCIL IEAN,MINNFSQ7 • A regular meeting of the Eagan City Council was held on Tuesday, January 15, 1991, at the Eagan Municipal Center. Present were Mayor Egan, Councilmembers Wachter, Gustafson, McCrea and Pawlenty. Also present were City Administrator Tom Hedgesr. o 414.9*Development Director Dale Runkle,Director of Public Works Tom Colbert, and City Attoi?aejt: :$h ld0i::::::: • • The following changes were recommen4e 1 ti&i'the r go :for the January 15,1991,regular City Council meeting: Item F, Consent Agenda, Final Plat,Town Centre 100-Eighth Addition was recommended for continuance indefinitely. Item 4, Administrative Agenda, %.igi ia.Knight, Request for Payment of$3,151 Surrender Fee was recommended for action under Department:lc*d:Business. • Wachter moved,Gustafson seconded,a motion to approve the agenda for the January 15, 1991,regular City Council meeting as amended. Aye: 5 Nay :0 • • Councilmember Pawlenty recommended the following change to the minutes of the January 3, 1991 regular City Council Meeting. Page 7, paragraph 2, third sentenco:;ipsp.rt::the::W.ix<t."m lY??.between the words was one." Gustafson moved McCrea seconded a motion:;o approve.the minutes of the January 3, 1991, regular City Council meeting as amended. Aye: 5 Nay 0 Gustafson moved Wachter seconded a motioii 10:approve fb minutes of the December 11,1990,special City Council meeting. Aye: 5 Nay. 0 • POLICE DEPARTMENT/PR O IMATION VIRGINIA KNIGHT DAY IN THE:CI'IY OF EAGAN After acknowledging Virginia Knig$is coatiilyiitiari tt ePolice Department since 1%6 and her having served with all three City of Eagan Police Chiefs, the Mayor pr,.oclaimed February 1, 1991, as Virginia Knight Day in the City of Eagan. The City Councilmembers enthnciastically endorsed this proclamation. 4 • Page 2/EAGAN CITY COUNCIL MINUT ::::::•::•:•:•'-'•'::;:- >: : :::::• January 15, 1991 N VIRGINIA KNIGHT/REQUE• ' Q 'SURRENDER FEE• Wachter moved,Pawlenty seconded,a motion to refer review to the Personnel Committee of a written request received from Virginia Knight for reimbursement by the City of a$3,151 surrender fee incurred when she transferred deferred compensation funds between plans. Aye: 5 Nay: 0 P)isfib' :' 1 1 .:C ontinued) POLICE DEPARTMENT/ SENTA'l N BY UNISYS LAW ENFORCEMENT:POST:;PROGRAM Ms Linda Miller,representing Unisys Corporation,presented a check to the City in the amount of$1,000 for support of the Law Enforcement Explorer Post Program. Mayor Egan accepted on behalf of the City Council and the City of Eagan. A. Personnel Items • 1. It was recommended that the hiring;of Lynn:::Y*i:•as Lead Clerical Technician in the Police Department be approved. B. Plumbers Licenses It was recommended that the 1991 plumbers' licenses be approved as presented in Exhibit A. C. Ordinance Amendment Chapter(Licemipg• It was recommended that the pter 6,Licensing,Section 6.03,Subdivision 1, regarding the granting of licenses,be approved as rat4sented. : .:.:. D. Proclamation/Lifelong Learning Awareness:`•Month It was recommended that a proclamation designating January 1991 as Lifelong Learning Awareness Month be approved. E. Recommendation for Corridor Task Force It was recommended that the Airport Relations Committa recommendation relative to the Blue Ribbon Corridor Task Force be approved. F. Final Plat/Town Centre 100- :••... It was recommended that the final plat for Town Centre 4V-Eighth Addition be continued indefinitely. r Page 3/EAGAN CITY COUNCIL MINUTES January 15, 1991 G. Final Plat/Town Centre 100- Nish Addition It was recommended that the final plat'laRr ii ti.'euti'e 100-Ninth Addition be approved. H. Project 59L Cancel Project (Tranby 1st Addition -Utilities) It was recommended that Project 591 and Contract 90-15 (Tranby 1st Addition • Storm & Sanitary Sewer)be canceled. I. 1991 Burnsville/Eagan Cable Communicatigi¢s Budgt' It was recommended that the 1991 Burnsvill''., agan C .... unications Budget be approved. J. Contract 87-NN.Acknowledge jAtZtlioiize pity Maintenance(Oak Cliff Ponds Addition) It was recommended that completion of Contract 87-NN(Oak Cliff Ponds Addition-Streets&Utilities) be acknowledged and the initiation of City maintenance authorized subject to appropriate warranty provisions. K Contract 87-R.Acknowledge Completion/Authorize City Maintenance(Royal Oak Circle 1st&2nd Additions - Utilities1 • It was recommended that completion of•Contra4.. 7 R. (Royal Oak Circle 1st & 2nd Additions - Utilities) be acknowledged and the initiation of Pity maintenance.authorized subject to appropriate warranty provisions. L. Contract 86-LL.Acknowledge CpaiyleeionfAuthorize City Maintenance(Blackhawk Plaza Addition- Streets & Utilities) It was recommended that completion of Contract 86-LL(Blackhawk Plaza Addition-Streets&Utilities) be acknowledged and the initiation of City maintenance authorized subject to appropriate warranty provisions. M. Contract 87-HHH.AcknowlectgepOiple.tWi4iithoyire City Maintenance(Sunrise Hills Addition- Streets & Utilities) It was recommended that completion of Contras 87-HHB0unrise Hills Addition-Streets&Utilities) be acknowledged and the initiation of City maintenar4:authorized subject to appropriate warranty provisions. N. Cost Participation & Maintenance Agreement for C9iiiityTrafficSignal (Deerwood Drive Pilot Knob Road) • It was recommended that the Cost Participation and Maintenance Agreement for County Traffic Signal Agreement #91-02 (Pilot Knob Road and Deerwood Drive):be:.approved and the Mayor and City Clerk authorized to execute all related documents. O. Project 574.Receive Final Assam,` .c41fO d 1 Iic Wearing,(Eagandale Center Industrial Park - Streetlights) It was recommended that the final assessment roll for f':ri€tfect 574(Eagandale Center Industrial Park- Streetlights) be received and a final assessment public hearinetidered for February 19, 1991. Page 4/EAGAN CITY COUNCIL MINUT S::' January 15, 1991 • P. Project 571. Receive Final Assessnt Roll/Order:lc Hearing (Cray Addition - Trunk Storm Sewer) It was recommended that the final assessmenf idll't'or Project 571(Cray Addition-Trunk Storm Sewer) be received and a final assessment public hearing ordered for February 19, 1991. Q. Project 541.Receive Final Assessment Roll/Order Public Hearing(Country Hollow 2nd Addition- Trunk Storm Sewer) It was recommended that the final assessmet*ll for Frpject 541 (Country Hollow 2nd Addition - Trunk Storm Sewer) be received and a final assessment,public heat•fng ordered for February 19, 1991. Wachter moved, Gustafson seconded a m otion ti aipjw vt the Consent Agenda as amended. Aye: 5 Nay: 0 1991 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS A. ADVISORY COMMISSION d MENTS: Advisory Plan'riiag?opuntssion The following members were appointed:to t4e•At4visoty:Planning Commission: 1. Three-Year Terms Hoeft Joyce Staeheli 2. One-Year Alternate John Gorman Advisory:Par s;IE: an Commission Mayor Egan said that a letter had been received from QQseorge H. Kubik, Chairman of the Advisory Parks and Recreation Commission, requesting that special consideration be given to a continuing role on the APRC for outgoing commission member,Dick Carroll .: Mr. Cell has served three consecutive, three-year terms and is not eligible for reappointment. Howet%ti', Mr. Ic has discussed the possibility with other commission members of having Mr. Carroll placed in an advisory'or consulting position. After discussion,Gustafson moved,Wachter seconded,a motion to authorize that a letter of appreciation be sent to Mr. Carroll for his volunteer service to the City, that Mr. Carroll be encouraged to reapply for appointment next year and that Mr. Carroll's experience and expetise be utilized,without voting privilege, as the Advisory Parks & Recreation Commission sees fit. Aye: 5444y:#ay: 0 The following members were appd?nt •to'the Ailifisiiry:Farks and Recreation Commission: 1. Three-Year Terms Lee Markelfi?:::::: Michael yoga— • 2. One-Year Alternate .Deborah L.Johnson • Page 5/EAGAN CITY COUNCIL MLNUTE January 15, 1991 ........ Airp4Aelations Comml*On ..........• ...........• ....... The following members were appointeii4.i:.*::Abiklitlielations Commission: • 1. Three-Year Terms Greg Langan George Martin Timothy Ring 2. One-Year Alternates (2) Bnic .. Rakich:Verble::::::::: ......•.. Joint Burnsville/Eagaa.C.414:Cippmihiations Commission The following members were apfeinted to tb.e***ICiint Burnsville/Eagan Cable Communications Commission: 1. Three-Year Terms Douglas Dahl Pat O'Malley Z One Year Alternate Mchael A. Guncheon .•............•.•.•.•.•.•.•.. • • • Economic 1**elopment:.ciiiiiiiiission Mayor Egan said that one of the the Economic Development Commission was Greg Hoffman, a long-time resident and busineSiii in the City. Because of the nature of this commission and because Mr.Hoffman is presently involved in a lawsuit with the City,it was the advice of Counsel that his name be removed from consideration. The following members were appointed to the Economic Development Commission: 1. Three-Year Terms Cynthia Luse-.McKeen De.* L. Mai.4 :.••••••• :•:.:•::: • McCrea moved,Pawlenty seconded,a motion to add an additional Public Relations/Media position to the Economic Development Commission and that Cathy Clark Matuszak be appointed to fill that three-year position. Aye: 5 Nay: 0 Solid Waste Abatement Coiiiission :•:•:..:. . .. The following members were apptibt4:0:..*:40.10.74s#Abatement Commission: 1. Residents Tem.:Davis Floydgiar :.:•:.:.: 2. Business Ken Ische • Page 6/EAGAN CITY COUNCIL MINUT • January 15, 1991 ...•.• ••...• E ACTING MAYOR: Mayor Egan appointed Councilmember Wâtè Acting Mayor. C. LEGAL NEWSPAPER: Wachter moved,Egan seconded,a This Week Newspapers(Dakota County Tribune) as the City of Eagan's official legal newspapgAye: 0 • ..•..... D. CITY COUNCIL MEETINGS McCrea moved, Pawlenty seconded,a motion to de ate the first and third Tuesdays of each month at 6:30 p.m.for the official City Council meetings,and designated the following alternate dates for the conflicting meetings: Thursday, May 23, 1991; Thursday, September 19, 1991; and Thursday, November 7, 1991. Aye: 5 Nay: 0 E STANDING COMMITTEE APPOItirTSOITS: Mayor Egan appointed Councilmembers'..:.tn serve on the various standing committees as follows: •.•• 1. Finance Committee: Pawlenty (Chair) and MCrea 2. Public Works Committee: Waarhai ) and McCrea 3. Personnel Committee: Egan (Chair) and Gustafson PPMRMAAPF4 FIN ;A.S$KS$101,7:11EWING DELINQUENT Siittitikag/kERICITAID CAR WASH Wachter moved, Pawlenty seconded, a motkri to cloSe.....0ie public hearing and approve the final assessment for the delinquent SAC charges for the Meimaid Ciii.*:::vash and authorize the certification to the .:•:•:.: :•:•:•:•: County. Aye: 5 Nay: 0 PROJECT'600,T.H. 149/BECKER ROAD IMPROVEMENTS After a brief introduction by Mayor Egan and City Administrator Hedges, Lynn Neuquist, of Short- Elliot-Hendrickson (SEH),explained the scope and cost of the iii!ijrj .ct. After presenting this background,Mr. Neuquist said the estimated costs are$603,500 and Ocipple construction,financial and aaministrative,engineering and right of way acquisition costs. He said:4:**000;::.$ 001:irwill be paid by MnDOT and the remaining . $515,600 will come from the City and Director of Public Works Colbert said that considering ilii. ...increased background traffic,it is necessary that construction be completed in the 1991 construction season. 'He said it would also be necessary for the City Council to authorize the acquisition of the appropriate easements. Mr. Colbert said the estimated cost of the easement acquisitions is $45,000. Mayor Egan asked Director of Public Works Colbert whether it was likely Page 7/EAGAN CITY COUNCIL January 15, 1991 there would be any modification to MnD00:.position regardu1g::their participation. Mr. Colbert said that MnDOT has certain standards for their partiiSij bn.and.disr iotis are continuing to try and maximize their participation. He said these issues would be f nirli :iit:a: t'participation agreement which is expected to be completed within the next sixty days. Mayor Egan said the City had been discussing the uniqueness of assessing for a traffic signal for some time and asked City Attorney Sheldon if he anticipated any difficulty in establishing benefit in order to assess for the traffic signal. Mr. Sheldon said that. a:i}f •tb y Wauld do as part of this process would be to have an appraiser look at the properties. Hi a►tiv i;: ie; d:tlQi:liosition has been that the traffic signal is part of the overall road construction and they would ask tt i onsulta> : is review those benefit aspects.• • Councilmember Pawlenty made the observati or;that thc.:MADOT contribution of$87,000 appeared to be minuscule when compared to the overall:4ir9*;:i:'He:asked director of Public Works Colbert what the prospective timetable was for future improvs ittkleithatiii4.i}lar stretch of road. Director of Public Works Colbert said that MnDOT has a long-term improvement program for their trunk highways. He said there was no definitive improvement proposed along this segment in the present twenty year plan. He said,however,that the twenty year plan was being updated as the State and metropolitan areas develop and expand. He said presently the City is working cooperatively with MnDOT on a corridor study for Trunk Highway 149. He said once the corridor study is completed and the traffic forecasting has been brought into the formula,the State will have a better idea as to whether staging improvements will be required or whether a major improvement will be required within a certain time frame. iVlr'Colbert: idthat once the information is available, MnDOT will probably be looking at some ' p y king type of major improveaieitt:wethit cbe next 10-20 years. Councilmember Wachter said he also was disappointed in MnDOT's partidgation in'dig project. He said upgrading within the next ten to twenty years was far fetched and said that within:•five.year:#04:seem more probable. The Councilmember then asked if there were any projections as to.Iti***- ars would be exiting at peak hours from the West Publishing Facility. Mr. Bob Byers of SEH s¢Mited"it to be approximately 700 cars. Mr. Steve Bryant of West Publishing said that prior to the construction of their office building which is part of the West Publishing Fourth Addition, they were required to get an Indirect Source Permit from the State. He said the Indirect Source Permit required that West Publishing put in a signalized intersection at Becker Road. Mr.Bryant said that although the project grew beyond what they thought was necessary to comply with the Indirect Source Permit, they do feel ::1 :to: a;: iibte efficient traffic control in the area, which is vital to the safety of their employees. He sail}E e'Coiiiity ptaiistaupgrade Yankee Doodle Road in 1994 and at that time, West anticipates building an internal roaud,on their:::property that would intersect with Yankee Doodle near the water tower. Mr. Bryant said that tiiac projections have indicated that if Project 600 is not approved and constructed on schedule, there will be aeffious problems in the area which would have a severe impact on West Publishing Company. Consequently,Mr:Bryant$ek•d that the project be approved at this time. Mayor Egan asked if anyone in the audience wished to address the issue and none did. He also acknowledged a letter received from Abbott Service Company in regard to assessments. Pawlenty moved,McCrea seconded a motion to close tlur: iblic hearing and approve Project 600,T.H. 149/Becker Road Improvements and authorized the preparailoti of detailed plans, specifications and cost participation agreements with MnDOT. Aye:, 5;:Nay;;.0•••••:,:.:.:•.•.•.. Gustafson moved, Pawlenty the hiring of an appraiser and the acquisition of easements through condemnation if necessary for::P'i.oject 600, T.H. 149/Becker Road. Aye: 5 Nay: 0 • Page 8/EAGAN CITY COUNCIL MINU S:: January 15, 1991 • PRELIMINARY PLAT/D :COMMONS/RO'ITLUND HOMES Mayor Egan introduced this item as a preliminary plat for Diffley Commons/Rottlund Homes Company, consisting of a total of 208 units on approximately 27.6 R-4 (Multiple) acres located along the north side of Diffley Road, east of Rahn Road in the southwest quarter of Section 20. City Administrator Hedges said that the preliminary plat had been approved by:;*:.:44*m:41.109g.commission at their November 27, 1990 meeting. He said the City Council had reviewvedtthe: $poi 9itlbieir December 18 meeting and at that time determined that the Advisory Parks and Recreation Commission vied need additional time to review the plat. Mr.Hedges said that APRC had met and made their'recommendations. . ..... ..... Director of Community Development:.Runkle:said.that:tlie:development was part of the Eagan Hills Planned Development, a 60 acre parcel gear.e toward 16+:;.0.40 per acre. He said the density being proposed with this plan was less than 8 units per acre. In addition;'Mr. Runkle said the Planning Commission had discussed the main access to the plat. He said this main access road enters the development across from Beaver Dam Road and then loops back to Diffley Road. He said that the Planning Commission had supported this looped street system for traffic circulation as well as making the most and best use of providing access to the parcel. Mr. Runkle pointed out,however, that at some time in the future the westwardly loop may be have to be a right-in, right-out entrance onto Diffle?:.Road. The Director of Community Development said that the Advisory Planning Commission had recommeiiii4 pproval and the Advisory Parks and Recreation Commission was also recommending approval with additional Mayor Egan asked the staff whether the City had.any::coitce'as regarding cross-alignment of the streets. Director of Public Works Colbert said that the.:mai ::enhance opposite Beaver Dam Road did not create a problem. He said the County had expressed concerns however, about the westerly intersection because of the spacing of those access points along Dif ley:1toad. Mr. Colbert said that the County recognized that the parcel is too large to have only one access,however,they would like the City to consider other access alternatives. Mr. Colbert said that if the street is looped, it may result in the need to construct a center island not allowing full access, or a right-in, right-out access. • Mr. Todd Stutz of Rottlund Home,S:sa'td:# ai.;c'11s d:wth staff regarding the proposed access and the looping of the street. He said the Coiiti#y waateif gxt;ate :apaciog between the accesses onto Diffley Road than the developer believed necessary considering the::existing.:_zoning and the type of development being submitted. For Council's information, Mr. Stutz note; that he glad appeared before the Advisory Parks and Recreation Commission and the Rottlund Company Was providi igover twice as much open space as required by the City. Mayor Egan said this property was part of what was known as Area M of the Multifamily Residential Study. He ask Mr. Stutz if Rottlund Company owned any other property in this district. Mr. Stutz said they have a purchase agreement with Cliff Road Properties for the acquisition of 28 acres of a total 50 acre site and the option of first refusal on an additional 30 acres east of the p posed development. Mayor Egan said that when Area M was being considered;be understood there was to be a sliding scale density with the higher densities occurring:cTti jr t>t :ap t complex to the west and the lower densities to the east. Mr.Runkle said it had been discifiased Mitt iiio'agfeemaflt reached when Area M was removed from the Multifamily Residential Study because of the planned development agreement in place and the accompanying contractual rights for density. Councilmember Pawlenty pointed out that there was an additional issue to be discussed regarding Rottlund Company's request for waiver of$27,962 in lateral watermain charges. Director of Public Works • Page 9/EAGAN CITY COUNCIL January 15, 1991 Colbert said he was unaware of any guaranteaik.eOmmitment the: i y has to provide properties with immediate access to all utilities, especially trunk lines. 'l#a said trunk..utili.s are not always immediately adjacent to a property that is being developed; therefore, the r: i16 initiate action, such as a petition for public improvements,to have utilities brought to the site. He' 3d at that time,benefiting properties are identified as well as any adjacent properties that could receive the public improvements and share in the costs. Director of Public Works Colbert said that in this situation,with all properties around it completely developed, the only benefiting property for many extension of improvements is this parcel. He said the costs associated with extending or constructing utilities to connect:this: rcol;.tothe.trunk aystem are not unusual. He said any waiver of the proposed lateral benefit from the decision for the Council. For Council's information,Mr.Colbert explained that when trunk li* iwere installed along Diffley Road,no assessment was levied but was proposed to be collected when the property was''developed. He said Rottlund Company's contention that connecting to the trunk system now tla;the county::road has been upgraded,would involve the extraordinary costs of jacking under the county;road.4'accurate :.Mi.Colbert went on to say that although the exact or best location would not have been:l n.,a'wath :tatesral stub could have been provided to the north side of Diffley Road and an assessment levied for that installation. Mr.Colbert said there are extraordinary costs involved with providing a water lateral stub to this property and suggested that perhaps some consideration could be given to calculating what those extraordinary costs are and crediting those costs against the proposed lateral benefit. Mayor Egan asked Mr.Colbert if it was something Mr. Colbert would feel comfortable continuing to negotiate prior to final plat and Mr. Colbert said yes. Mr. Stutz said part of the APC's rectisdatign required that fifteen feet of additional right-of-way be provided for future upgrading of Diffley Road.''`He:saidfor:the record, that the setback requirement is fifty feet and an additional fifteen feet has been provided for by:the'.developer. Mayor Egan then asked the audience if aiy .e►islieil'to speak to the issue and none did. Gustafson moved, Wachter seciiii&'ed a motion to approve the preliminary plat for Diffley Commons/Rottlund Company as presented subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, Bl, B2, B3, B4, Cl, C2, C4, C5,D1, El, Fl, G1 and Hl. 2. Final landscaping plan shall b 'preparet#ivsi i is ag plan. 3. The project shall have an underground irrigatin.system. • 4. All plant material shall meet City mis'miinum stattlyds. 5. The development is required to provide additional right-of-way for Diffley Road as required by Dakota County. 6. The development is required to provide storage y+oltimes and ponding easements for Pond AP-35 and the proposed pond in the northwesterly portion of the site Iii cordance with requirements as identified in the City's comprehensive stormwater and water quality manageif ent plans based upon final plat development plans. 7. The development is required to provide water. l sanitary sewer service stubs to the easterly adjacent property. Page 10/EAGAN CITY COUNCIL January 15, 1991 8. The development is requireid;t4_provide informatiiaii.relative to projected traffic trip generation for the easterly adjacent property to ensure the;appropriate:str •surface width of the proposed loop public street. 9. The Eagan Hills West Planned Development will be responsible for a revised parks dedication obligation based on the formula as presented by staff. 10. Diffley Commons will be respsmsable.:for._a.cash:.parks dedication based on the revised parks dedication formula for Eagan Hills West Pla ne Ye ptt! i t :::: 11. Diffley Commons will be responsible'for a cash dedication. 12. The Diffley Commons site ply revitst i*Ot.ed.P comber 26, 1990 will be approved regarding the open recreational space requirement. Mayor Egan said he wished to dispel any misunderstandings that may have surrounded this development. He said these are owner-occupied units at a density of 7-8 units per acre in an area with a planned unit development agreement in place which could have allowed 16 units per acre. Aye: 5 Nay: 0 `> .5.. BEER AND WINE lICENSE.CHU1!IG:WONG INC. Mayor Egan introduced this item a a.regi est'for a wine and beer license for Chung Wong,Inc.,at 2139 Cliff Road. City Administrator Hedges said:that the restaurant at 2139 Cliff Road will continue as Hong Wong Restaurant but ownership has transferred to Chung Wong Corporation. He said they are not requesting an on- sale liquor license and are only intending to sell wine and beer. McCrea moved, Pawlenty seconded, a motion to approve the Wine, Sunday Wine and Beer license application for Chung Wong,Inc.,for the HQn :l at a;: 139 Cliff Road as presented. Aye: 5 Nay: 0 SPECIAL USE PEMIIT/CMFOODS TEMPORARY OUTDQQR NURSERY SALES Mayor Egan introduced this item as a request for a sCial use permit for Cub Foods, to allow a temporary outside nursery at Lot 1,Block 1, Cliff Lake Center,located in the southwest quarter of Section 29. Director of Community Development Runkle said this is one of several requests for conditional use permits which have come before the Council in the past few years. He said the applications in the past were generally in the parking area;however,this request has shifted the sales to:ll a north along the side of the Cub building. Mr.Runkle said there would be a greenhouse area and a fenced eea for the nursery products. He said because the proposed greenhouse will be located where the employee Oiling king lot is presently, Cub Foods would be relocating their employee parking lot to th*;e►e t ailed eoi t: icirtions of the lot. Mr. Runkle said this is a different location than those previously regarding the sale of nursery products in the parking lot is the same. For Council's reference, Mr. Runkle.:said that the 1989 application was approved for a location in the general parking lot area but because of traffi tlow problems,the 1990 request for the same area was denied. . f Page 11/EAGAN CITY COUNCIL MINIYtES: January 15, 1991 • Councilmember McCrea asked Mr. ,nett lien,the stor*;' nager for Cub Foods,whether this request directly affected Cub or whether they were Ie s ;g.:1:4e.space,xo*.second company. Mr. Lien said that Cub would operate the nursery using their own _1t: tsiiid be supplied by Bailey's Nursery. Mr. Lien added that all other Cub Food Stores in the metro aiea'havesuch a facility. Councilmember Wachter said he could not see the need for outdoor nursery sales at Cub. He said it was such a congested area that he could not see the feasibility of the request. Councilmember Gustafson said the .:bas:other_:florists:.and Cub Foods sells flowers; the City has other banks,and Cub Foods also has a bank::: t:. iii6in eitb a d that a duplication of services is irrelevant and any decision on the application should be on the bps of the: pplication only.. He went on to say that the parking lot is crowded but he did not see this location as presentmg'any particular problems other than taking parking places. He said he was in favor of the applii i4ion and nnl cc there was a policy reason for them not to,Cub Foods had a right to pursue such sales ::CQuncllimemlzer:Wiichter said he did not oppose the application because there are other nurseries in the only be ise:lieidid not see the need. Councilmember Pawlenty said he would support the application because it is temporary and is an improvement over last year's design. He said because it is temporary, it would not be approved the following year if it does not work. Gustafson moved,Pawlenty seconditi;.n.motion to approve a special use permit for Cub Foods to allow. temporary outdoor nursery sales subject to.t ;:flowing conditions: • 1. The permit is temporary and shall expire after.May 24, 1991. 2. A building permit shall be obtaiiieCl:. the Protective Inspections Department. • 3. The building shall be open ended and shall be placed within a fenced sales area to allow exiting through both ends of the greenhouse. 4. The permit shall be subject to all applicable code requirements. Councilmember McCrea said she*041W:vote:*:1avor:of Ole application but would look upon it as a test. She said if the parking lot caused si ficaiii:problem s;:pit:}Stt balilsi would not be approved the following year. Aye: 4 Nay. 1 (Wachter) SPECIAL USE PERMIT/OPUS C)RRPORATION TEMPORARY SIGNS Mayor Egan introduced this item as a Special Use Permit for the Opus Corporation for three temporary free-standing ground signs in excess of 7 feet in height at Lot 13i:$lock 1,Eagandale Center Industrial Park in the NW 1/4 of Section 3;Lot 2,Block 2,Eagandale Center IndiOtiial Park#10 in the SW 1/4 of Section 3;and Outlot B,Eagandale Business Center,LeMay Lake Second Addition in the NE 1/4 of Section 10. Director of Community Developniiiifiiiiiikiiiii4:iiiiiidkate4,these were three separate Special Use Permit applications requesting three temporary marketing signs:cceeding the City Code allowed height of 7'. He said all three proposed signs measure 8'x 8'. Mr. Bob Worthington of Opus Corporation said he wanted to apologize because the signs in question were mistakenly installed. He said it was a result.of miscommunication between Opus and the company hired • Page 12/EAGAN CITY COUNCIL January 15, 1991 to design and install the signs. Opus Corpor ion had offered tiR : a the signs down; however, staff said the signs could remain in place pending Council SrCtitzi:.... McCrea moved,Gustafson seconded,a motiiiii'to approve Special Use Permits for Opus Corporation for temporary ground signs in excess of 7' in height at: 1) Lot 13,Block 1,Eagandale Center Industrial Park • #1; 2) Lot 2, Block 2,Eagandale Center Industrial Park #10; and 3) Outlot B, Eagandale Business Center, LeMay Lake 2nd Addition, subject to the following conditions: 1. All signs shall be subject to tiie:iisie `ssgoi:fe ::gf$2.50 per square foot. 2. The signs shall be allowed as long as'they are well inaintained. 3. All other applicable ordinal ces.ar i�ompked. . Aye: 5 Nay: 0 VARIANCE/ROSEWOOD BUILDING CORPORATION FRONT AND SIDE YARD SETBACKS Mayor Egan introduced this item for the Rosewood Building Corporation,as a request for a front and side yard setback variance for Lot 35,Block:,Blackhawk Pond Addition located in the NW 1/4 of Section 21. City Administrator Hedges said this item required:no.formal action by the Advisory Planning Commission and • had come directly to the City Council. • • After describing the location,Director of:Communitr De 1elopment Runkle said that staff had looked at various alternatives for this variance request,,• :s6id:#ke house could be built within existing setbacks but would require additional grading and the stt ai:loss of additional trees. He said the hardship for granting the variance would be the topography and liisc'of trees. Gustafson moved, Wachter seconded, a motion to approve a front and side yard setback variance for Rosewood Building Corporation for Lot 35,Block 1,Blackhawk Addition located in the NW 1/4 of Section 21 and subject to the following conditions: 1. Snowfencing shall be instafleit:lit aceoieant Yi tl the proposed site plan exhibit to ensure that the construction limit would be adhered to and that.* trees:would be protected prior to any grading or . construction on this lot. 2. All applicable ordinances shall be adhered to. Aye: 5 Nay: 0 D i T# T. i • CONFLICT OF INTEREST/BIETER VS EFT'P OF EAGAN CASE City Administrator Hedges said a transmittal had been•itceived from Cliff Greene of the law firm of • Popham Haik regarding an attorney in theft fir :r:egresezltw ad int involved in litigation against the City. He said the client is Ron Cornwell, an interesfed' arty' 'Elie Bietor egse. Mr.Hedges went on to explain that an attorney with Popham Haik has represented a client for a number:of years who has an interest in acquiring an apartment complex in South Dakota through a general partnership:;;Another partner was needed for this venture and Mr. Cornwell was asked to be that partner. Mr. Hedges sai..that while Mr. Cornwell will play an active role in the partnership,he will have a limited role and limited contact with Popham Haik. Mr. Hedges asked the City Council how they wished to proceed under these conditions. • Page 13/EAGAN CITY COUNCIL MINUTES January 15, 1991 :•:•:•:•: •:•:::: Mayor Egan said his original conce* regarding Mr. p*nwell's representation by the law firm of Popham Haik had to do with the appearance:i4:deliberate.aitnMin to foil the relationship between the City and its legal counsel in the Bieter case. Mayor Egi**.:***gite of comfort was greater with an explanation of the circumstances because it now appears the casual and incidental. Councilmember Pawlenty said he wished to commend Mr.Greene for bringing the issue forward. He said he agreed that this would not constitute a technical conflict of interest;however,the Bieter lawsuit is filled with allegations of conspiracies and conflicts 5>f:interest and!his relationship has the potential for problems with perception. He said he would urge caution lin4*:iggiefiktitiOili0;it could be misconstrued Councilmember Gustafson said that Mr.Greene should be advised that:1400 does:not see a need to sever its relationship with the Popham Haik but are concerned and are urging caliti nn. In addition he said the City should apprised of any changes to the situation. ••:•:•:•:•••••• •.:.:.::•• .•••• ••••..• •.•.•.. .•.•.•.•..• RESOLUTION/mAft:Oillokt SEARCH AREA REPORT City Administrator Hedges said a request had been made by the Metropolitan Council that cities and counties examine the airport search issue and issue and provide a meaningful response to the candidate search areas. He said the position of the City Council has been that if the airport were to relocate,a southern location would be preferred. Mr. Hedges said the resolution submitted for Council's consideration addressed that preference by saying that a northern location;:w.onld not be acceptable. Mr.Hedges said the airport relocation is an issue of great sensitivity but with Council's approval, staff would proceed with the resolution. •• Councilmember Pawlenty said that as a;:niattei..:Ottioli4,he would not favor a northern location; however,if the Council wished to continue the item:.for further:tlission,he was willing to do so. Mayor Egan said he recently had an opportunity to discuss theiniatte2iW47:With the Mayor of Hastings and that city is very concerned Mayor Egan advised the Council that Schreiner, our representative on the Metropolitan Council,would like to meet with Eagan repiiieniatives regarding this issue. Mayor Eagan said it would be well to meet before action is taken on the resolution. The Mayor added that he did not believe that under any circumstances the City of Eagan could economically support a northern site. Councilmember Wachter said that he was firm in his position that the northern area should not researched any further. However,at this point,the Councilmember was not in favor of the City going on record as favoring a southern site. He said he was not convinced it was the only option available andrcirrg:Wete:90.1Pr::44e.rnatives he would want to address before he took such a position. Councilmember PavVien0.:Sialli.aCtlie.:Okilntion,in reference to relocation,says that if the airport moves,the City of Eagan wants it at a southern site. Gonncilmember Gustafson said it may be well to consult with the County Commissioners and defer action::.: i the resolution to another time City Administrator Hedges suggested that he and one the Cifka elected officials meet with the County Commissioners and the Metropolitan Council representative regarding the Airport Search Area Report. Gustafson moved,Wachter seconded a motion to continue indefinitely consideration of the resolution . pertaining to the new major Airport Search Area Report of the Advisory Task Force of the Metropolitan Council with the recommendation that the Mayor and City Administrator meet with the City's County Commissioner and Metropolitan Council representative regarding the City's position,:::: Aye: 5 Nay: 0 STAFf$40'.:4MI4 • fLWREAT Because of budget constraints and a committment by.the.City to cut costs, McCrea moved, Wachter seconded a motion to hold the Staff/City Council Retreat at theltis Oak Ridge facility in Chaska on February 8-9, 1991. Aye: 5 Nay: 0 Page 14/EAGAN CITY COUNCIL • January 15, 1991 . CONDITIONAL USE:PERMIT FOR Gi SIDE STORAGE R.L.JOHNSON:'L .ESTMENT:p 'IPANY INC. Mayor Egan introduced this item as reconsideration of R.L. Johnson Investment Company Inc.'s Conditional Use Permit for outside storage. Gustafson moved,Wachter seconded, a motion to refer the application for a Conditional Use Permit for outside storage for R.L.Johnson Investment. }+::*..EQ. .Advisory Planning Commission for review. Aye: 5 Nay 0 D.A.R.E.GRADUATIONS' The Mayor and City Councilmembers::each olui0e.pred:gip:attend DARE. graduations at five Eagan Elementary schools conducted by Eagan Po g:ibipaitmiei t: ?;Ak:R.E. Officers. PROJECT 608/COVENTRY PASS 3RD ADDITION Mayor Egan introduced this item as Project 608,receive petition/authorize feasibility report, Coventry Pass 3rd Addition. Before taking action on.this::Fequest, Director of Public Works Colbert said that project petition forms contain a provision that the petitioner:: :guarantee all costs if for some reason the project does not go forward. Mr.Colbert asked the Council if they w uld;ptefer to have a type of financial security back up that guarantee to avoid a recurrence of a situation:sunilar to that of.tite Tranby Addition. After discussion,staff was directed to maintain the firm policy that an:.applicant::#s::responsible for the full costs associated with a petition and to prepare recommendations regarding f nati*I•giiarantees for Council's consideration at a future meeting. McCrea moved, Gustafson seconded, a motion to receive the petition for Project 608 (Coventry Pass 3rd Addition -Trunk Storm Sewer) and authorize the preparation of a feasibility report. Aye: 5 Nay 0. RESOLUTION/MARTIN LUTHER KING JR DAY Councilmember McCrea said she'vrirs very coieert:iliat School District #196 continued not to recognize Martin Luther King, Jr. Day. She asked tligt:the City.:council consider adopting a resolution that respectfully requests that beginning with 1992 the school:districts include Martin Luther King Day as a day they honor for students. McCrea moved, Pawlenty seconded, a motion to instrucf'the staff to draft a resolution respectfully requesting that schools within districts represented in the City of Eagan honor Martin Luther King Jr. Day. Councilmember Gustafson said that while he would support the resolution,the highest and best way to honor Martin Luther King Jr. would not be in a day off from sChl but a day in school devoted to the study of Dr. King. Councilmember Wachter concurred. Councilmeir McCrea said she would agree, however, expressed her dissatisfaction with School District.#1.96's awareness:of this as well as other black issues: Aye: 5 Nay. 0 CHECKLIST :•::•:•: Wachter moved, Egan seconded, a motion to approve''tTte checklist dated January 14, 1991, in the amount of$1,097,055.48 and the checklist dated January 15, 1991,in the amount of$26,505.29. Aye: 5 Nay 0 • • ••••••••••:•:•:•:•:•::•:::::::::::::•:•••••••••••• • .• Page 15/EAGAN CITY COUNCIL MINUTES :•• :• January 1.5, 1991 VçNMENT •:•:::•:•. .... • • The City Council adjourned the regular meeting to an executive session to consider attorney/client privileged information at 10:00 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and Wachter, City Administrator Hedges, and City Attorneys Sheldon and Wilcox. The executive session was adjourned at 1130 p.m. ••••••••*, KF •:•:•:•:. .•.•••..•. **P.4::.:VinOverbeke, City Clerk •••:•::::::::::::•'• .•. • • • ....... •••••••••••••••• :::::::: ....• ••••" •••• ••.. :•:•:::::: EXHIBIT A i 1991 PLUMBERS LICENSES JANUARY 15, 1991 1. AAA Plumbing by Newstrom 2. All-American Mechanical 3_ Associated Mechanical Contractors 4. B.J. & M Plumbing $ Heating 5. Blaylock Plumbing Co. 6. Boedeker Plumbing & Heating 7. Budget Plumbing Corporation 8. D.C. Mechanical 9. Dakota Plumbing i Heating 10.Dalby Plumbing 11.Elander Plumbing Co. ,Inc. ' 12.Genz-Ryan Plumbing & Heating Co. (also WATER SOFTENER LICENSE) 13.G R Mechanical 14 .Raymond E. Haeg Plumbing, Inc. • 15.Harris Mechanical Contracting Co. . 16.Tom Hessian Plumbing, Inc. . 17.Hokanson Plumbing 18.Jerry's Plumbing 19.Klamm Mechanical Contractors, Inc. 20.Lakeside Plumbing & Heating, Inc. 21 .Lamb Mechanical 22.Larson Plumbing, Inc. 23.Leo's Plumbing 24.LeVahn Brothers Inc. 25.Major Mechanical , Inc. 26.McDermott Plumbing, Inc. 27.McDonald Plumbing Systems, Inc. 28.McQuillan Brothers, Plumbing & Heating 29.Jim Murr Plumbing, Inc. 30.Metropolitan Mechanical Contractors 31.Midwestern Mechanical . 32.Minnesota Plumbing & Heating, Inc. : 33.Dick Motz Plumbing 34.Nasseff Plumbing & Heating, .Inc. 35.North St. Paul Plumbing & Heating 36.Peine Plumbing & Heating, Inc. 37.Piper Plumbing 38.Plymouth Plumbing, Inc. 39.Project Plumbing Company, Inc. 40.R C Plumbing 41 .Richfield Plumbing 42.Roto Rooter Services 43.Dale Sorenson Company 44 .Southtown Plumbing, Inc. • 45.Spriggs Plumbing 46.Standard Plumbing $ Heating Company, Inc. 47.Stant Plumbing & Heating 48.State Mechanical , Inc. 49.Swanson $ Schiager 50.Welter & Blaylock 51.Wenzel Plumbing $ Heating, Inc. 52.Westonka Mechanical Cont.