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06/18/2014 - City Council Regular } r 1, 'i 1 AGENDA •GUIAR MEETING GAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING JUNE 18, 1991 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:40 - PROCLAMATION, EAGAN-SOUTH KOREA WEEK INTERNATIONAL SPECIAL OLYMPICS ( ' / • t...4,„„.4....\. `°�.7�n�..1,4, .sue. f. ,� 4.,. --- IV. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) q / A. FINANCE DEPARTMENT A 6 1. Receive and Award Bid on General Obligation Equipment Certificates. of Indebtedness, Series 1991C B. PARKS AND RECREATION DEPARTMENT Ot1. St. Paul Chamber Orchestra - Commission Recommendation for Full Concert at Eagan High School • V. 6:55 - CONSENT AGENDA (PINK) P. L PERSONNEL ITEMS P. 20 B. LICENSES, Plumbers LyC. EAGAN LIONS CLUB, Shows License, Parade Permit, and Temporary Beer License, Fourth of t July Celebration 2/2'D. AMENDMENT to 1991 General Fund Budget Due to HACA Reduction .Z.> E. ARC RECOMMENDATION, MAC Interactive Planning Group Comments • F. AMENDMENT, Smoke-Free Building Policy, City of Eagan rm. G. CONTRACT 91-03, Receive Bids/Award Contract (Elrene & Trails End Rd. ) ' 141710H. CONTRACT 91-01, Receive Bids/Award Contract (TH 149/Opperman Drive) 7,41 I. CONTRACT 89-13, Approve Change Order (Cliff Rd - Water Treatment Plant) 30 J. CONTRACT 90-11, Approve Change Order (Park Center Addition) 31 K. RESOLUTION Restricting On-Street Parking on Cliff Rd (Nicols Rd to I-35E) .53L. Surplus Property/Exchange with Fort Snelling State Park / .3/M. Award Playground Equipment Bid - Oakridge Elementary School/Downing Park `1, N. CONTRACT 90-10, Approve Change Order No. 2 (Galaxie Cliff Plaza 2nd Addition - Streets l' and Utilities) �1 VI. 7:00 - PUBLIC HEARINGS (SALMON) p A 1-A. PROJECT 608, Eagandale Center Industrial Park 3rd & 4th Addn. - Overlay ` 414 B. PROJECT 584, Final Assessment Hearing, Rahn Road Reconstruction P' V I. OLD BUSINESS (ORCHID) 011kA. CONSIDERATION of N-Viro Process as Interim/Temporary Measure at Seneca Plant B. RESOLUTION Authorizing the Execution of Certain Documents in Connection with the rForeclosure of and Transfer of Title to the Royal Oak Circle Apartment Project VIII. NEW BUSINESS (TAN) • P (0(0A. PRELIMINARY PLAT, E-Z Stop of Eagan/Crown Coco, Co.Inc. , Consisting of One Lot on Approximately 7 previously Zoned GB (General Business) Acres Located at the NW Intersection of Nicols Road and Diffley Road in the SW 1/4 of Sec 19 (Request to Continue Indefinitely) , k0$ B. PRELIMINARY PLAT, Town Centre 70 11th Addition, Consisting of One Lot and an Outlot on Approximately 29.3 CSC (Community Shopping Center) Acres, and a CONDITIONAL USE PERMIT for Outdoor Displays and Sales in a CSC District Located Along the North Side of Duckwood Drive in the NW 1/4 of Sec 15 IX. ADDITIONAL ITEMS (GOLD) )l(DA. CONTRACT 91-06, Approve Plans/Authorize Ad for Bids (ECIP 3rd & 4th - Overlay) ' 11 �B. Employee Recognition Program X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT • • Agenda Information Memo June 18, 1991 City Council Meeting SSE.I AGENDA There are fourteen (14) 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. Clerical Technician III/Police Department — The City Council recently approved proceeding with hiring procedures for the Clerical Technician III position for the Police Department which was approved for the 1991 budget. Following the City's hiring procedures, staff referred to the hiring list for this position which was established in late February of 1991 when the City advertised for and filled a previous vacancy for this position. Therefore, it is the recommendation of Administrative Lieutenant Swanson, Lead Clerical Technician Vasquez and Assistant to the City Administrator Duffy that Cyndy Cheyne be hired to fill the position of Clerical Technician III in the Eagan Police Department. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Cyndy Cheyne as a Clerical Technician III in the Eagan Police Department. Item 2. Seasonal Park Maintenance Workers/Informational Item-- Due to the resignation of several seasonal park maintenance workers, it was necessary for City Administrator Hedges to approve the hiring of Jeffrey Goodrich, Michael Marxer and Robert Sadek as seasonal park maintenance workers. This item is informational. No action is needed. Item 3. Retirement/Superintendent of Utilities-Buildings/Authorization to Proceed with Hiring Procedures—The City has just received notification from Joe Connolly, Superintendent of Utilities/Buildings for the City of Eagan, that he plans to retire as of September 20, 1991. Superintendent Connolly has been an employee of the City of Eagan since 1970. It would be appropriate at this time to acknowledge,with regret, the retirement of Joe Connolly. Further formal recognition by the Council of Superintendent Connolly's years of service will be presented during September of 1991. Director of Public Works Colbert is requesting permission from the Council to proceed with hiring procedures for a replacement for Superintendent Connolly. This action is necessitated by the fairly complicated hiring procedures for a management position. Enclosed on page ,is a copy of a memo to Director of Public Works Colbert from Superintendent of Utilities Connolly. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the resignation, with • regret, of Joe Connolly and to authorize proceeding with hiring procedures for a replacement. • / 3 E L0 ",,, _city of eagan 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN, MINNESOTA 55122-1897 Mayor PHONE (612)454-8100 DAVID K.GUSTAFSON FAX.(612)454-8363 PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES June 5, 1991 City Administrator EUGENE VAN OVERBEKE City Clerk Memo to: Tom Colbert , Director of Public Works From: Joe Connolly , Supt . Utilities Subject : Retirement Tom, As I have talked with you in the past , it is my intention to retire this year. Knowing the time required in filling my position as superintendent of utilities, I plan on retiring 20 September 1991 . I hope this gives you ample time to accomplish this task . I have enjoyed working for the City of III Eagan for these many years. It has been my pleasure to work with you and for you helping Eagan grow into the fine city it is today . Thank you for all your support and encouragement . Sifrerel s, •e Connolly, Supt . Utilities •cep - THE LONE OAK TREE...THE SYMBOL OF S RENGTH AND GROWTH IN OUR COMMUNITY ` Equal Opportunity/Affirmative Action Employer Agenda Information Memo • June 18, 1991 City Council Meeting Item 4. Seasonal Recreation Worker/Informational Item--Due to the extremely large number of registrants in the City's summer recreation programs, it was necessary for City Administrator Hedges to approve the hiring of DeAnna Holford as a seasonal recreation worker. This item is informational. No action is needed. Item 5. Seasonal Engineering Aide—After interviews, it is the recommendation of Assistant City Engineer Foertsch that Luke Rutten be hired as a temporary seasonal engineering aide. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Luke Rutten as a seasonal engineering aide. Item 6. Temporary Clerical Worker/Maintenance Facility/Informational--Due to vacation schedules, it was necessary for City Administrator Hedges to approve the hiring of a temporary clerical worker for the Maintenance Facility for a short period of time. The temporary clerical worker is Gweneth Hanson. Ms. Hanson performed the same function last summer for the City of Eagan and is familiar with the procedures and equipment at the Maintenance Facility. This item is informational and no action is required on the part of the City Council. • Item 7. Hearing Conservation Program Agreement/Bloomington Public Health Service--The City of Eagan annually contracts with the Bloomington Public Health Service of the city of Bloomington to provide required OSHA hearing testing and education for all maintenance employees. At this time, it is appropriate that the Council approve the 1991 contract with the public health service in the amo $2,493. A coy• of the agreement is enclosed for the Council's information on pages (( through / . ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hearing conservation program agreement between the City of Eagan and the Bloomington Public Health Service. 0 HEARING CONSERVATION PROGRAM AGREEMENT • This Agreement is made this day of , 1991, by and between the City of Eagan ( "Eagan" ) and the City of Bloomington ("Bloomington" ) ; WHEREAS, cities as employers are required by OSHA regulations to implement a hearing conservation program which will minimize job-related noise exposure, monitor hearing among employees exposed to excessive noise, and motivate employees to adopt behaviors which conserve their hearing; and WHEREAS, Bloomington has developed and implemented such a hearing conservation program for itself and its employees ; and - WHEREAS, Eagan is interested in implementing a hearing conservation program; and WHEREAS, various efficiencies and cost savings can be realized by both cities by an Agreement utilizing the personnel , equipment, and experience of 411 Bloomington to assist Eagan in the establishment and implementation of Eagan's hearing conservation program; NOW, THEREFORE, in consideration of the mutual promises expressed below the parties hereto agree as follows: 1. Bloomington has assisted Eagan in the preparation of a Hearing Conservation Program Manual for the City of Eagan. This Hearing Conservation Program Manual (hereinafter "Manual " ) , a copy of which is attached hereto, has been approved and adopted by Eagan and is hereby incorporated as a part of this Agreement. 2. Bloomington shall perform those services designated in the Manual to be performed by the Bloomington Environmental Health and Public Health Divisions. • f 3. Bloomington shall also arrange for the services of the certified • audiologist called for by the Manual . 4. Bloomington shall assume the costs of performing its services under the Manual , and, except for direct employee evaluations by the audiologist, shall be responsible for the expense of providing the services of the audiologist. Eagan shall bear the cost of any direct employee evaluations by the audiologist and all other costs of the hearing conservation program. 5. Within thirty (30) days of the date of this Agreement, Eagan shall pay Bloomington the sum of TWO THOUSAND FOUR HUNDRED NINETY-THREE AND NO/100 DOLLARS ($2,493.00) for the services provided under this Agreement. This sum ssumes the participation of not more than forty-five (45) employees in the program. If more than forty-five (45) employees participate, the additional cost shall be FIFTY AND NO/100 DOLLARS ($50.00) per employee, due and payable • upon their involvement in the program. However, as to any new employees hired during the term of this Agreement, no additional charge shall be made for their participation in the program. 6. The term of this Agreement is from July 1, 1991 , through June 30, 1992. CITY OF EAGAN Its Mayor Its Manager CITY OF BLOOMINGTON Upon proper execution by all parties, this Agreement shall become a legal and binding Its Mayor obligation of the City of Bloomington. Its Manager • City Attorney 17 2 Agenda Information Memo June 18, 1991 City Council Meeting • PLUMBERS' LICENSES B. Licenses,Plumbers—According to City Code regulations,plumbers' licenses are renewed on an annual basis. Enclosed on page 2 1 are those companies that are performing a plumbing service within the City of Eagan. All license applications have been reviewed and are in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers' licenses as presented. • • (220 . PLUMBERS LICENSES June 18, 1991 1 . Daas Plumbing, Inc. 2 . Larry Olson 3 . Tschida Brothers Plumbing 4 . Village Plumbing, Inc. . Agenda Information Memo June 18, 1991 City Council Meeting EAGAN LIONS CLUB/LICENSES/FOURTH OF JULY CELEBRATION C. Eagan Lions Club, Shows License,Parade Permit, and Temporary Beer License,Fourth of July Celebration--The City has received applications for a shows license, parade permit and temporary beer license from a member of the Eagan Lions Club, Robin Norton, to be utilized at the Eagan Fourth of July celebration. The Police Department has reviewed and approved these applications which are enclosed without page number for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a shows license, parade permit and temporary beer license for Robin Norton of the Eagan Lions Club for the Eagan Fourth of July celebration. AMENDMENT/1991 GENERAL FUND BUDGET/HACA REDUCTION D. Amendment to 1991 General Fund Budget Due to HACA Reduction—The City Council will hold a special City Council meeting beginning at 5:00 p.m. on June 18, 1991 to discuss adjustments to the 1991 general fund budget necessitated by the HACA reduction passed by the State Legislature in its session which just recently ended. Information pertaining to this agenda item will be sent to the City Council with a separate memo for the special City Council meeting. At the special City Council meeting, the Council is expected to review adjustments to the 1991 general fund budget. That direction regarding the changes will then be formally considered under this Consent item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the amendment to the 1991 general fund budget due to the HACA reduction as reviewed in the special City Council meeting held at 5:00 p.m. on June 18, 1991. • '1 • Agenda Information Memo June 18, 1991 City Council Meeting MAC IPG COMMENTS E. Airport Relations Committee Recommendation, MAC Interactive Planning Group Comments--At its regular meeting of June 11, 1991,the Eagan Airport Relations Committee met to consider formal comments to the Interactive Planning Group process being sponsored by the Metropolitan Airports Commission. Mayor Egan and staff participate in the IPG meetings on behalf of the City. Draft copies of the comments have been previously distributed to the Council under separate cover. These comments as finalized and recommended by the Airport Relations Committee will be distributed with the Administrative Agenda on Monday. Additional information with respect to induced development and community dislocation as a consequence of airport expansion is being developed by the firm of Short Elliot Hendrickson under authorization of the City Council. Those comments will be forwarded to the City Council when they become available. At that time, they will be incorporated together with the Airport Relations Committee recommendation as the City's submittal for the Interactive Planning Group report. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Airport Relations Committee recommendation regarding comments for the MAC Interactive Planning Group study of airport expansion alternatives. • a Agenda Information Memo III June 18, 1991 City Council Meeting AMENDMENT/SMOKE-FREE BUILDING POLICY F. Amendment, Smoke-Free Building Policy, City of Eagan--In official action at the April 17, 1990 City Council meeting, the City's Smoke Free City Building Policy was approved. This policy went into effect on June 1, 1990. (The name of the policy is a slight misnomer; the policy also covers smoking in vehicles.) As we approach the first anniversary of the policy, administration has been approached by a number of employees regarding that portion of the policy which applies to vehicles. Under the policy as now in effect, an employee may only smoke in City vehicles when only one employee is present. This does not make sense to smokers who have occasion to ride with another smoker in a City vehicle. Therefore, upon the recommendation of City staff, it is proposed that Section 2 of the smoke free building policy be amended as follows (underlining indicates new language): "2. Smoking is not allowed in any City vehicle where a non-smoker is present. If a non-smoker is not present. smoking is only allowed if all persons in the vehicle agree. A person may not smoke in a City vehicle where. a non-smoker is present even if that non-smoker gives the smoker his/her permission to smoke." Ili The City's smoke free building policy has been and will continue to be strictly enforced. ACTION TO BE CONSIDERED ON THIS ITEM: To amend the City of Eagan's Smoke Free Building Policy to allow smoking in City vehicles if only smokers are present and if all present agree. Smoking will continue to not be allowed if a non-smoker is present in the vehicle. • Agenda Information Memo • June 18, 1991, City Council Meeting RECEIVE BIDS/AWARD CONTRACT (ELRENE & TRAILS END RD) G. Contract 91-03, Receive Bids/Award Contract (Elrene & Trails End Road)--At 11:30 a.m., on June 14, 1991, formal bids were received for the proposed improvements to Elrene Road from Wescott Road to Yankee Doodle Road and Trails End Road from Elrene Road to the west adjacent to the Woodlands North development under the above-referenced contract. Enclosed on page 676 is a tabulation of the bids received showing the relationship of the low bid to the estimate contained in the feasibility report presented at the public hearing held on May 21, 1991. All bids will be reviewed for their accuracy and compliance with the specifications and any deviations will be so noted at the Council meeting on June 18. Before the City can formally award this contract, the MnDot State Aid Office must formally approve these plans. Also, the status of the easement acquisitions necessary to accommodate this project will be provided at the June 18 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids and approve/continue consideration of contract award for Contract 91-03 (Elrene & Trails End Road - Streets & Utilities) and, if approved, authorize the Mayor and City Clerk to execute all related documents. • ELRENE ROAD & TRAILS END ROAD PROJ. 589R CONTRACT 91-03 EAGAN, MN. BID TIME: 11:00 A.M. C.B.D.T. BID DATE: FRIDAY, JUNE 14, 1991 CONTRACTORS TOTAL BASE BID 1. MCNAMARA CONT. CO. $ 759,497.40 2. ALEXANDER CONST. 784,434.36 3. NORTHDALE CONST. 876,870.42 LOW BID $ 759,497.40 Feasibility Report Estimate $ 886,578.00 Engineer's Estimate $ 890,000.00 % Over (+) Under (-) F.R. - 14.33 % Over (+) Under (-) E.E. - 14.66 • 411 ;Apt Agenda Information Memo June 18, 1991, City Council Meeting • RECEIVE BIDS/AWARD CONTRACT (TH 149/OPPERMAN DRIVE) H. Contract 91-01, Receive Bids/Award Contract (TH 149/Opperman Drive - Street & Signal Improvements)--At 10:00 a.m., on Monday June 3, formal bids were received for the reconstruction of TH 149 and the creation of a new signalized intersection with Opperman Drive. Enclosed on page is a tabulation of those bids received with a comparison of the low bid to the estimate contained in the feasibility report presented at the public hearing held on January 15, 1991. As can be seen, the low bid significantly exceeds the feasibility report estimate due to the additional requirements of the Minnesota Department of Transportation during the detailed plan and specification preparation process. In order to meet the completion date of mid-October required by West Publishing's relocation schedule, it is necessary to proceed with this contract award and construction as soon as possible. Before the City can award this contract, the previously approved Cooperative Agreement between MnDOT and the City of Eagan requires that MnDOT provide written concurrence of the bids received and their intent to proceed with their financial participation. Presently, staff is working with MnDOT in hopes of receiving such written concurrence by June 17. The status of this requirement will be presented and discussed at the Council meeting as appropriate. The City has had a policy whereby if the low bid exceeds the estimate contained in the • feasibility report by more than 10%, a new public hearing to reevaluate the benefit and necessity of the project will be held. However, due to the fact that the Indirect Source Permit issued by the MPCA and the EIS approved by the State requires this project be completed prior to occupancy of the new addition to West Publishing, combined with the fact that West Publishing is the major assessable property under this project, a new public hearing process would jeopardize the City's ability to complete the project within the required time frame. Therefore, the Council may want to consider setting aside this policy requirement for this project. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids and approve/continue award of Contract 91-01 (TH 149/Opperman Drive) and, if approved, authorize the Mayor and City Clerk to execute all related documents. • T.H. HIGHWAY 149 AND OPPERMAN DRIVE PROJECT #600 CONTRACT #91-01 EAGAN, MN. BID TIME: 10:00 A.M. BID DATE: MONDAY, JUNE 3, 1991 CONTRACTORS TOTAL BASE BID 1. BITUMINOUS ROADWAYS $ 759,591.90 2. SHAFER CONTRACTING 764,496.37 3 . MCNAMARA CONTRACTING 798,710.60 4 . VALLEY PAVING 822, 391.87 5. HARDRIVES, INC. 844 ,448. 55 6. ALEXANDER CONSTRUCTION 899,747 . 14 LOW BID $ 759,591.90 Feasibility Report Estimate 433,900.00 Engineer's Estimate 917,760.00 % Over (+) Under (-) F.R. + 75% % Over (+) Under (-) E.E. - 17.2% Agenda Information Memo • July 2, 1991, City Council Meeting APPROVE CHANGE ORDER (CLIFF ROAD WATER TREATMENT PLANT) I. Contract 89-13, Approve Change Order (Cliff Road Water Treatment Plant)--Change Order #9 provides for several separate items summarized as follows: Item #1: This provides for reconfiguring and expanding the parking lot layout to accommodate semi-truck traffic as necessary to provide deliveries to the Treatment Plant as well as using the water filling station for Wellhouse #5 located onsite. These changes take into consideration modifications of the storm sewer system, additional bituminous parking lot, and modifications to the Pumphouse #5 (Add $5,326) Item #2: This part provides for a change in the concrete mix used to support the entrance canopies on the Cliff Road and Pilot Knob Road side of the facility. This change in concrete mix will ensure that these support columns will match the window columns, sills and parapet coping of the rest of the plant. (Add $3,658) • Item #3: Revise and modify electrical configuration for the sump pumps and boiler equipment facilities. (No change) Item #4: After evaluating the location of the heating, ventilation and air conditioning equipment (HVAC), the process water piping and the electrical conduit location, it was determined that the light fixtures in the high service pump room, hallway and pipe distribution room need to be lowered below the previously referenced process equipment to provide the proper illumination levels in these rooms. (Add $4,197) The total amount of these change orders results in an additional $13,181. To the original contract amount of $8,094,000, previous Change Orders #1-#8 resulted in a net deduct of $10,742.87. Therefore, if Change Order #9 is approved as presented, there will be a net change to the original contract amount to date of $2,438.13. All costs associated with this Change Order have been reviewed by the consultant, Director of Public Works and Superintendent of Utilities. Several modifications and reductions have already been applied to the Change Order prior to its submittal for Council consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #9 to Contract 89-13 (Cliff Road Water Treatment Facility) and authorize the Mayor and City • Clerk to execute all related documents. ac\ Agenda Information Memo June 18, 1991 City Council Meeting • CONT. 90-11. APPROVE CHANGE ORDER PARK CENTER ADDN. J. Contract 90-11, Approve Change Order (Park Center Addition)--In response to a written request by the Developer of the Park Center Addition, a Change Order has been prepared to have the City's Contract provide for the overall development erosion control vegetation establishment. This Change Order will result in an additional cost of$12,140.00 which will be financed entirely by a special assessment against the lots owned by the Developer. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order No. 1 to Contract 90-11 (Park Center Addition) and authorize the Mayor and City Clerk to execute all related documents. III • 5C ° Agenda Information Memo June 18, 1991, City Council Meeting APPROVE RESOLUTION RESTRICTING ON-STREET PARKING, CLIFF ROAD (NICOLS ROAD - I-35E) K. Approve Resolution Restricting On-Street Parking,Cliff Road (Nicols Road -I-35E)--As a part of the upgrading of Cliff Road under Project 609, the County will be requesting State Aid funds for this County State Aid roadway. As a condition of that financial application, the State is requiring the City to pass a Resolution restricting on-street parking for this segment of Cliff Road. This would be appropriate due to the fact that the roadway improvement is not providing any parking lanes to accommodate this parking. Enclosed on page 31- is a copy of the Resolution addressing this issue. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a Resolution restricting on- street parking for Cliff Road (Nicols Road - I-35E) and authorize the Mayor and City Clerk to execute said document. s • 3 CITY OF EAGAN RESOLUTION A RESOLUTION PROHIBITING PARKING ON COUNTY ROAD 32 (CLIFF ROAD) (NICOLS ROAD TO I-35E) WHEREAS, The County of Dakota has submitted, to the Commissioner of Transportation, the plans and specifications for the improvement of CSAH 32 (Cliff Road) , from 550 feet east of Nicols Road to approximately 1, 000 feet east of Cliff Lake Road. WHEREAS, State Aid funds will be expended on the improvement of this street, and WHEREAS, The approved State Aid standards, as applicable to this project, restrict all parking. NOW, THEREFORE, BE IT RESOLVED, By the City Council of Eagan, Dakota County, Minnesota, that parking of all vehicles within the public right-of-way within the project limits of SAP 19-632-16 in Eagan on CSAH 32 (Cliff road) be prohibited. ADOPTED this day of , 1991 , Mayor ATTEST: City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City of Eagan, Minnesota, on the day of 1991, as disclosed by the records of said City in my possession. City Clerk 3�- Agenda Information Memo • June 18, 1991 City Council Meeting SURPLUS PROPERTY EXCHANGE/FORT SNELLING STATE PARK L. Surplus Property/Exchange with Fort Snelling State Park—Enclosed on pages3 through is a memo from Director of Parks and Recreation Vraa discussing a proposal to declare eight (8) acres of City of Eagan property, previously acquired from the MWCC as surplus property, and giving the property to the Department of Natural Resources for its inclusion into Fort Snelling State Park. Director of Parks and Recreation Vraa is suggesting that if the Council does approve of the gift of the property for Fort Snelling State Park, it be with the stipulation that the land be cleaned up. He further suggests it might be desirable to request of the state park system that they make a commitment to enhance park facilities on this side of the Minnesota River. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the designation of surplus property of an eight acre parcel as described with direction to dispose of the property to Fort Snelling State Park with their acceptance of the responsibility to maintain and patrol the area and for further enhancements of the state park in the Eagan area. 33 MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR FROM:liji KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: JUNE 12, 1991 RE: SURPLUS PROPERTY: 8 ACRES - NORTHEAST CORNER SECTION 8 ISSUE The issue before the Council is to declare eight (8) acres of property, previously acquired from the M.W.C.C., as surplus property, and to give the property to the Department of Natural Resources for its inclusion into Fort Snelling State Park. (See Map) BACKGROUND Many months ago, Wally Bartel, Manager of Fort Snelling State Park for the Department of Natural Resources inquired as to the disposition of this property to determine if the City had any interest in giving that property to the State Park. This issue went before the Advisory Park and Recreation Commission, and at that time the Commission had no interest in it for park usage. On May 15, 1989, the issue was presented to the City Council. The Council directive was to see if a swap could be done with Fort Snelling. Due to uncertainties regarding the title, this issue did not surface again until February of this year. At that time, staff did another review to determine if the site might have another purpose for the City, possibly as a compost site. As the Council is aware, use for this purpose was rejected as unsuitable for a number of reasons. One of which, is that it does lie within the flood plain. FORT SNELLING STATE PARK INTEREST Fort Snelling State Park is still interested in the parcel due to the fact that the eight (8) acres is ultimately surrounded by State Park land. The State (D.N.R.) has no authority over the use and abuse of the property and through the years there has•been instances of "partying", dumping of trash, debris and the usual problems associated with absentee ownership. Apparently, the D.N.R. has been called to the site, mistakenly thought to be State Park, to clean up situations only to determine they have no authority to enforce any laws. 3SL SURPLUS PROPERTY PAGE TWO ISSUES FOR DISCUSSION Given the property location and its inaccessibility, its value to the City is very questionable. It's value to anyone other than for State Park purposes is also questionable. By giving the property to the State Park System, the City will relieve itself of any responsibility for law enforcement, as well as responsibility for continuing maintenance and clean-up. In fact, there should be some clean-up to that site now due to accumulation of debris from past partying, etc. The City may wish to press that as a stipulation for deciding on this property for the State, the land be cleaned up. Further, it might be desirable to request of the State Park System that they make a commitment to enhance park facilities on this side of the Minnesota River. In discussing this option with Mr. Bartel, he is agreeable to all of the conditions, but questions the State's ability to finance any park development at this time. He did agree to be an advocate for enhanced development for the park on this side of the river, as well as make it known that it would be a condition of Eagan's at the administrative levels of the D.N.R. FOR COUNCIL ACTION • To either approve or disapprove of the designation of surplus property for this eight (8) acre parcel with direction to dispose of the property to Fort Snelling State Park in exchange for their acceptance of the responsibility to maintain, patrol the area and for further enhancements of the State Park in the Eagan area. KV/bls Attachment - map • 3 � .... • • .../.. "-k . . \ A. • v • ,.. . ., e'•-, > F.. . ,..... • '. a .•, : 1 •... :: : .• _ k.5 ' DG ‘C ---,, , ..d- •--4._ ,: i ', : ,./.; 1 ; 1 ‘b • 1 i 4 1 . •. • .... ,,/ I, (.... •!.., •••••••., ' . ." ' . •' 4. . 4 : .• i LI I.I i••.• 4 i ... . .....J.-....— ..... ., 131-0—...... 0 • j .' •.....,:—.'..•--..,\* t. • • ; EH '' ":".":',.... L ' ' -S' ' j Z :."" •.-,..... )•-• ,: '• i ii ----.,'..' • -----„ i ■ . .r.--/...., LI' 0 ,: 7 - , •. oca t i ___,I . . ., .. I .41 4• 4/ ; „ • t • III , Li -----„ s _ -, ..,-.„je I- - ' :':,1,' `''A- • I.: •rt s----t----,.... 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I '.----. r ‘T- ' " i■J ..-- :I i..,•-.t -_ / ri- .., 4. . 1 I,, "'J• .s. ,-4.: .• .., - I• • • ... i 4r. •4 ,• e- Ili ' eti -‘e. r , ` . .,.„.. . .. 1„ ' Al.: - ---Is ..... -.4.- r.•.,.. . . .0. . • . .: . . 0 ... • "SJ . .4..... ..- ■•, • :.• C ' . . .• i• . Ist ,,,„, .> . -•., ....--- , a •,, -,;:1 F-1 -j. V) L. /,....;.-- '''' - • . . 'S- C> 4 . ....• . .,- 1. . 0 — .4. • ,,.. • . $.g .... ..) ..• --‘•>.\ i 9 •C , • •• , .' . I. •A "t• il E. .• • . / : .7i • • Ci• Zil '1•4 ... V ..• i' • 6 1 ,k• . .. 4041 17: ...• - - -..... ,' :••• , . ... - : ,,i • p ... 5 I . . •t •,.. ..,..../ . .. ....., • 0 •-• a ! - • t. ■ _ •• ".. • i •- .• '." .- 3(e Agenda Information Memo June 18, 1991 City Council Meeting AWARD PLAYGROUND EQUIPMENT BID OAK RIDGE ELEMENTARY SCHOOL/DOWNING PARK M. Award Playground Equipment Bid - Oak Ridge Elementary School/Downing Park—As part of the agreement for the development of the new Oak Ridge Elementary School/Downing Park between the City of Eagan and School District #196, the City is responsible for the designing, bidding and installation and play equipment for this site. District 196 is providing the funding and has budgeted $25,000 for the project. The playground equipment site is on school property immediately adjacent to the school building. Enclosed on pages 3% through 4t) is a memorandum from Director of Parks and Recreation Ken Vraa regarding this item. After reviewing the bids for this project in relation to the equipment specifications, it is the recommendation of school district and City staff that the bid be awarded to Play Boosters in the amount of $24,960. ACTION TO BE CONSIDERED ON THIS ITEM: To award the bid for playground equipment for Oak Ridge Elementary School/Downing Park to Play Boosters in the amount of $24,960. • • MEMORANDUM • TO: ,�/ TOM HEDGES, CITY ADMINISTRATOR FROM:/G" KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: JUNE 12, 199 RE: AWARD OF BID FOR PLAYGROUND EQUIPMENT - OAK RIDGE ELEMENTARY SCHOOL/DOWNING PARK BACKGROUND As part of the City/School District's agreement for the development of the new Elementary School/Downing Park, the City is responsible for the designing, bidding and installation of play equipment for this site. School District #196 is providing the funding, and has budgeted $25,000 for the project. The playground equipment site is on school property immediately adjacent to the school building. DESIGN PROCESS ID Staff has previously met with the school principal and physical education coordinator to discuss what play elements they require in the equipment layout. The District also specified that the equipment must be of metal versus wood construction. Based on the design criteria designated by the School District, City staff prepared a preliminary design and estimated budget. This design incorporated the play elements the school required; and approvals were given to solicit formal bids based on the specifications of Landscape Structures (playbooster) equipment series. PLAY EQUIPMENT SPECIFICATIONS/EVALUATION The equipment specifications referenced the playbooster equipment series and was the basis of evaluation for all other play equipment where the manufacturer could provide equal or better products. Bidders were to indicate deviations from both the specifications and the design with their bids. It was the intent of the bid process to allow play equipment bidders some flexibility in meeting both product and design criteria. It was clear, that in doing so there would be both a subjective and objective decision to be made in reviewing the bids, as suppliers would be bidding different equipment from different manufacturers. S PLAYGROUND EQUIPMENT JUNE 12, 1991 PAGE TWO BID REVIEW City staff and the School Principal reviewed the bids and designs submitted, carefully comparing the components between the bidders. Base bids were as follows: EQUIPMENT BASE BID Play Booster $24,960.1/ Burke 22,100. Play World 22,815. Kid Builders 19,494. NOTE: • Another bid was received from Community Recreation Sports Products, but was rejected immediately,because the equipment did not substantially meet the specifications as outlined. In reviewing each of the bids, there was some significant differences noted. For example: Kid Builders did not provide for the three (3) spring animals as required in their base bid and substituted a straight slide for a wave slide. There was also some redundancy in design, which meant that there were not as many different play elements. The deck heights were also lower, which meant their slides would be shorter. The equipment supplied by Burke's substituted a ring ladder for a horizontal ladder, did not provide for a talk tube in the base bid, and its clatter bridge was designed with cable and plastic panels versus coated steel panels. Burke deck heights were 61 inches versus 70 inches, with shorter uprights. They also substituted a steel versus a 70 inch poly wave slide. Play World did not provide the S-pipe tunnel and instead substituted plastic tube. They also substituted a chain climber versus an arch climber, and more significantly they provided for two single slides bolted together to meet the required double slide. Staff felt this would separate the children and leave occasions for the children to have their hands and fingers pinched. There were other differences that became part of the staff review. • PLAYGROUND EQUIPMENT JUNE 12, 1991 PAGE THREE RECOMMENDATION FOR AWARD After careful review of the play components, School District staff and City staff have concurred that the bid should be awarded to Play Boosters in the amount of $24,960.00. While the intent of the specifications were to allow for some flexibility in both design and product, it was envisioned that these design differences would be in such items as fasteners, pole wall thickness, colors, slide bed depth, etc., but it was clear that there was a wider range of differences in the products including the number of play elements provided or substituted. As mentioned previously, one bidder did not provide the three (3) spring animals specified in the base bid, while substituting other items for play elements required. Therefore, staff's conclusion was that the Play Booster bid should be accepted as having met the requirements of the specifications, and also meeting the required play components as originally designed. KV/bls • • Agenda Information Memo • June 18, 1991, City Council Meeting APPROVE CHANGE ORDER NO. 2 (GALAXIE CLIFF PLAZA 2ND ADDN) N. Contract 90-10, Approve Change Order No. 2 (Galaxie Cliff Plaza 2nd Addition - Streets & Utilities)--Due to the unusually wet weather the City has experienced this spring, the originally scheduled completion dates for the above-referenced contract could not be met by the contractor. Subsequently, he has requested a 30-day extension of both the substantial completion date as well as the final completion date. This request has been reviewed and found to be legitimtate based on contractor's efforts and weather conditions. There are no costs associated with this Change Order request. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order No. 2 to Contract 90-10 (Galaxie Cliff Plaza 2nd Addition - Streets & Utilities) and authorize the Mayor and City Clerk to execute all related documents. • • cs.) Q A-;. . t,‘_>F ..0� Agenda Information Memo • June 18, 1991 City Council Meeting PROJ. 584, FINAL ASSESSMENT HEARING RAHN ROAD RECONSTRUCTION B. Project 584,Final Assessment Hearing,Rahn Road Reconstruction--On May 7th,the final assessment roll was presented to the Council and a final assessment public hearing was scheduled for June 18th to present the final costs associated with the reconstzection of Rahn Road from Shale Lane to Beau De Rue Drive. Enclosed on page (p'/f} is a summary tabulation of the final assessment rates as compared to those estimated in the feasibility repoy'presented at the public hearing held on January 16, 1990. Also enclosed on pages (� 5 through °I (0 is an executive summary of the final assessment report providing additional background information regarding the final costs. On the evening of Wednesday, June 5th, a neighborhood meeting was held to discuss the project and propose final assessments with any interested property owners. Approximately seven property owners of the 70 parcels being assessed attended this meeting to express their concerns pertaining to the project as well as the final assessment rates. Enclosed on pages 1 through is a memo summarizing the issues and response discussed at that meeting. In addition, the City Attorney, the Assistant City Engineer and representatives of the Dakota County Assessor's office met with several property owners on Tuesday, June 11th, to further discuss the impact of the property value as a result of this project. Enclosed on page "]I is a memo from the City Attorney's office summarizing an earlier meeting held with Dakota County Assessors regarding this issue. Enclosed on pages g through /2 are copies of written objections that staff has received to date regarding the proposed final assessments. Enclosed on pages. � � and- -.--.is a letter from the appraiser the City has retained to generally address the project to determine if the benefits are generally in line with the proposed assessments. Various staff personnel will be available to further discuss the project, the proposed final assessments and related objections and concerns of the affected property owners. The final assessment roll has been compiled in accordance with the most recent policy pertaining to reconstruction projects of this nature. All notices have been published in the legal newspaper and sent to all affected property owners informing them of the previously referenced neighborhood meeting and public hearing scheduled for the 18th. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing, approve the final assessment roll for Project 584 (Rahn Road Reconstruction) and authorize its certification to Dakota County. The referenced memo summarizing the neighborhood meeting will be distributed with the Additional Information Packet on Monday. • te FINAL ASSESSMENT SEARING IkOJECT NUMBER: 584 ASSESSMENT SEARING DATE: June 18. 1991 SUBDIVISION/AREA: Rahn Road Reconstruction PUBLIC SEARING DATE: January 16. 1990 IMPROVEMENTS INSTALLED AND/OR ASSESSED: 0 F.R. ., Feasibility Report FINAL F.R. FINAL P.R. RANITARY SETTER RATES RATES STORM SEVER RATES RATES OTrunk ❑ Trunk ❑Laterals ❑ Laterals [' Service ❑ Let. Benefit/ Trunk [' Lat. Benefit/ Trunk WATER STREETS ❑Trunk ❑ Gravel Base $ 15.40/ff $ 22.44/ff ['Laterals ❑ Surfacing 30.79/ff 31 .19/ff 75.16/ff 73.30/ff [' Service ❑ Res. Equiv. ❑Lat. Benefit/ ❑ Multi Equiv. Trunk ❑ C/I Equiv. ❑WAC ❑ Trail SERVICES $TREES LINTS [' Water & San. Sewer ❑ Installation [' Energy Charge CONTRACT 0 OF INTEREST AMOUNT CITY NO. DAME TERMS RATE *SSESSED 7INANCED $461,284.60 $1,123,112.53 90-04 70 15 Yrs. 8.50 % $442.424.D0 _F_R,. $ 9t6 RLF On F.R. CONMZE1S • Vv ce A _________ MEMO TO: DEANNA RIVI, ASSESSMENT CLERK ' � FROM: GERALD R. WOBSCHALL DATE: MAY 1, 1991 SUBJECT: FINAL ASSESSMENT ROLL PROJECT S84 RAHN ROAD RECONSTRUCTION The City Council at the conclusion of the public hearing on January 16, 1990, ordered Project 584 . According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are sanitary sewer lateral, water laterals, water services, storm sewer laterals, storm sewer trunk and street reconstruction. Construction was completed under Contract 90-04 . Final payment has not been made to the contractor at this time. With the exception of the wear course being installed, the contract work is complete. Overhead at the rate of 30.8% has been added to the construction cost to arrive at the project cost and/or the assessment rates that are determined in the report. The assessment hearing is scheduled for June 18, 1991. The following information was used in the preparation of the assessment roll . PROJECT COST P;i 1 � tt.J v i ii- ` .16:w... 414 u Ash IMPROVEMENT CONSTRUCTION 30.8% COST OVERHEAD j:ASEMENT TOTAL Sanitary Sewer Lateral $ 21,559.50 $ 6,641.33 $ 28,200.8: Water Lateral 233,818.66 72,027.06 305,845.7: Curb and Gutter 105,819.73 32,597.41 138,417.14 , Sidewalk and Trail 52,671.43 16,225.26 68,896.65 Trunk Storm Sewer 148,386.83 45,710.07 9,592.96 203,689.8E Street Reconstruction 615,824.11 189,702.56 16,730.70 822,257.3' Fire Station 2,938.00 905.04 3,843.04 Improvement Coachman Road Intersection 10.126.92 3.119.56 13.246.4f TOTAL $1.191.145.18 6366.928.29 $26.323.66 :1.584.397.1: Co SUMMARY OF ASSESSMENT RATES The following table lists the assessment rates charged to the propertie property Classification Single Single Family Family Primary Secondary Other Improvement Access Access Properties Street Reconstruction $ 19.96 $ 9.98 $ 64.33 Curb and Gutter 10 •_83 5.42 10.83 Total 8 15.40 $ 75.16 ASSESSMENT TERMS The assessments will be spread for a term of 15 years with interest charge at the rate of 8. 5% on the unpaid balance. CITY REVENUES/RESPONSIBILITY Assessment City Improvement Cost Revenue Responsity_ Sanitary Sewer Lateral $ 28,200.83 $ 28,200.83 Water Lateral 305,845.72 305, 845.72 Sidewalk and Trail 68,896.69 68,896.69 Trunk Storm Sewer 203,689.86 203,689.86 Street Reconstruction(2) 960,674 .51 461,284 .60 499,389.91 Fire Station Improvement 3,843.04 3,843.04 Coachman Road Intersection 13.246.48 13 .246.48 Total $1,584,397.13, $461,284.60, 81,123.112.53, (2) Includes curb and gutter and lateral storm sewer. LeC2 V COMPUTATION OF STREET RECONSTRUCTION ASSESSABLE COST Construction Cost $ 822,257.37 Less 25% (205,564.34) $ 616,693.03 Less Street Width Zoning Factor Credit .1725 (106,379.55) 31 $ 510 3.48 Less 50% (255,156.74) Assessable Cost ; 255156.74 COMPUTATION OF ASSESSMENT RATE Single Family Access to Rahn Road Assessable Front Assessment Improvement Cost Footage Rate Street Reconstruction $ 255,156.74 12,782 ff $ 19.96/ff Curb and Gutter 138,417.14 12,782 ff 10.83/ff Assessment Rate $ 30.79/ff COMPUTATION OF EXAMPLE ASSESSMENT Frontage Assessment Rate Assessment 75 ff $ 30.79/ff $ 2,309.25 ty PROJECT 584 approved: PUBLIC p�M th% ' RAHN ROAD RECONSTRUCTION DEPAMMENT 6.1 S COMPUTATION OF ASSESSMENT RATE • For Public Facility, Multi-Family, Commercial and Industrial Zone or Use Properties Assessable Front Assessment Improvement Cost Footage Rate Street Reconstruction $822,257.37 12,782 ff $ 64.33/ff Curb and Gutter 138,417.14 12,782 ff 10.83/ff Assessment Rate $ 75.16/ff COMPUTATION OF EXAMPLE ASSESSMENT 4D Assessment Example Frontage Rate Assessment 500 ff $75.16/ff $ 37,580.00 • city of sawn PROJECT 584 approved : piste PUIKIC RANN ROAD RECON RUCTION tc WORKS DEPARTMENT . _ . 41 N y� N my� yy�� O A O N my� ny� O p O O O O my� Ky� pp O t N N N •O N N r• N d N N N .� S ..pp �.' 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O'� 4 O o , N _ oN ■.- 8 A,.. 1 1 V a 0 N , _ r r. • � i I g i 11111111111111•1 I. t " 1)LOW DENSITY RESIDENTIAL 1O e : Q w (SINGLE ACCESS) 4 N N � .. .. O p r a ` p i V LOW DENSITY Shale La RESIDENTIAL (DUAL ACCESS) a 0a. w N N 1 40 4 46 .g****** ■Ii...■•■■••■■ "di . r HIGH DENSITY RESIDENTIAL • COMMERCIAL/INDUSTRIAL Ss of NE1, Section 30 WI of WW1, Section 29 city O1 e-a gan PROJECT 584 s RAHN ROAD �� • � e �. PUB L)C RECONSTRUCTION[117: - ORKS 1 W DE PAR VE ILIA. ..-. -- — - -- -- -- - • - • • • v r r m N + w N Ken app leboum Add Lo V N o lo 0 O V kilt z :.,#,:t II * • R : 5 ft o aI i r itz i .... y s e al - m o • LOW DENSITY ° �� * A 0 RESIDENTIAL - (SINGLE ACCESS) Zircon -L0 1111P• LOW DENSITY - i RESIDENTIAL + 11 • ' (DUAL ACCESS) L r -N V A it • • V k*********: HIGH DENSITY RESIDENTIAL - ' COMMERCIAL/INDUSTRLAL 0 County Rood No. 30 ' Diffley Rd • Sh of SEA , Section 19 S# of SNP, Section 20 PROJECT 584 a roved: [It ard City Of 88g8n RAHN ROAD pp ate it : E.-1. PUBLIC RECONSTRUCTION 2 WORKS DEPARTME - to I ° o I O • Ai A . Npipliti , ._ Turquoise Tr I . • 4147170 " 14 .4 I r P'' e I L. MI a q 4f�o = tn• V V of _ _ N ti , • • z it I alitigi I 4 Carnelian La e , .r .r 'v - U - - ilil LOW DENSITY Ornl�%'on _ _ RESIDENTIAL �a v a - C • (SINGLE ACCESS) // 4 _ Jade Lo LOW DENSITY -1111K 41. (DUAL i" 4P/ebourn Add. (DUAL ACCESS) _ * Lot 1, Block 2 *******g Jade •/ '..•°-.• HIGH DENSITY * RESIDENTIAL *• • COMMERCIAL/INDUSTRIAL if • Nis of ,SE1c, SECTION 19 Its of SW}, SECTION 20 city of a e � PROJECT 5114 aPp*c : stares' • PU8 LIC RAHN ROAD 0�to 1 WORKS RECONSTRUCTION 1 , DDr* 1 • Zik , * IreS *'V* ' 1, * 0 * * * 1,›- • . fl - **1 �' 10-01900-050-09 ** ` 10-02000-010-28\ilk i * Nil • * -o * r C It 91 Tk S\ * N 1 •'1-4/1 CI 31i i I * * * **. I� '� ,, * . � 4. LOW DENSITY - 7 RESIDENTIAL o 41 I : p (SINGLE ACCESS) * o w it LOW DENSITY 1 :: e RESIDENTIAL ' (DUAL ACCESS) ********** HIGH DENSITY RESIDENTIAL _� ; COMMERCIAL/INDUSTRIAL •� 'lilt Sill L i Turquoise It S1 of NEB, SECTION 19 Sh of NA, SECTION 20 City of eaan PROJECT 584 ap '!d. gloral ER PUBLIC RAHN ROAD WORKS RECONSTRUCTION 1 DEPARTMENT' 1 CQ - M E M O R A N D U M TO: F 1 e FROM: Jim Sheldon DATE: April 8, 1991 RE: Meeting with Assessor's Office s$ Our File No. 206-7908 On April 8, 1991, Tom Colbert and I met with Ken Malvey, Assistant County Attorney and Bill Peterson, Don Smith and Don Grantham of the County Assessor's Office to review the status of Rahn Road properties with the Assessor's Office. The City has reconstructed Rahn Road and added concrete curb and gutter in place of the bituminous curb and gutter. The City traffic counts show that average daily trip for 1988 were about 75% of the projected year 2010 average daily trip total for a 1. 5% annual growth rate. Thus it is our opinion that the traffic is about as high as it is going to be based on development. The County Assessor's staff has 105, 000 parcels of property. They last did Rahn Road in 1983 and again in 1989. They typically pick a standard site value for each lot in a subdivision, for example, $20, 000. 00 and then make adjustments to it based on location as justified by market sales. The most recent adjustments were culminations of adjustments made in 1983 and also in 1989. The property that abutts Rahn Road has been dropped 5% to 10% because it is more heavily traveled than properties on cul-de-sacs which often also receive a modifier which makes them a higher value. The Rahn Road improvements were not made until 1990, thus the Assessor's review was done prior to the rebuilding of Rahn Road. Also the Assessor generally takes everything into account but does not do the fine tune "fee appraisal" on each piece of property due to multiple properties. Rather they tend to differentiate the roads between gravel and bituminous and bituminous and curb and gutter and those types of things. Thus, because of the timing of the project, the improvements were not considered in the Assessor's evaluation. Tom and I talked about the possibility of having Bill Peterson attend either the residents' meeting or the assessment hearing or both on this matter. S/djk c: Mr. Thomas A. Colbert, Public Works Director j .tt 1 21991 1.!'/ I June 12 , 1991 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 ATTN : City Clerk RE : Special Assessment Hearing for the Rahn Road Paving Project to be heard by the Eagan City Council on June 18, 1991. SUBJECT : Parcel #10-84700-010-00 known as Outlot "A" at 'the corner of Rahn Road and Beau-D-Rue Drive , Eagan , 1LN. I request the right to be heard at the Eagan City Council meeting of June 18 , 1991 , to voice my objection concerning the final assessment to the above mentioned property. I reserve my right to a further appeal of the assessments to the District Court. c!: (?;2:-....., Terry E. Stover 3906 Rahn Road Eagan , MN 55122 III el Cc T 4 c T:L.H• 349-6729 June 3, 1991 Hand Delivered Mr. Eugene VanOverbeke City Clerk of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55121 Re: Rahn Road Reconstruction Project No. 10P584 Subject Property: 4145 Rahn Road, Eagan P.I.D. No. 10-16700-010-09 Dear Mr. VanOverbeke: This letter is my written objection to the amount of the City's proposed special assessment of 4145 Rahn Road, Eagan, legally described as: Lot 1, Block 9, Cedar Grove 1st Addition, for the reconstruction of Rahn Road. The principal amount of the proposed special assessment is $4,245.33. I have attached a copy of the City's notice for your reference. I object to paying this assessment because it is far more than the amount that the improvement added to the value of my property. I agree that the assessment has increased the value of my property by only $500.00 to $1, 000.00. I object to paying the difference, $3,245. 33 (or $3,795. 00 if my property value increased by only $500. 00) . My objection is based upon the opinion of an expert, which I am now verifying through review by an appraiser. i have also attached a copy of my attorney's opinion letter which supports my objection. Please advise me whether the City of Eagan will reduce its special assessment as soon as possible. Thank you for your consideration. Sincerely, Charles R. MacDonald • nl°\ On June 10, 1991, the attached objection was faxed to the City of Eagan. A request was made that an original objection be sent to the attention of Tom Colbert. Judy Jenkins Engineering Secretary (This confirmation was faxed to Mr. Weidenhaft, 454-7664, on June 10, 1991.) • TEL No . Jun . 10,91 13:58 P .01 fp a.1"OYri C.01beYsir l-'kbl'.c. W0r-ks b r,Fctor • 12n-re (6 6/a/9/ 1CC:%C o,a rv%C,r Ph"4 . o„ Re Ue t'fc°I (445-4/--7 4L% To tlir City of Eagan: Whereas Mark M. and Kathy M. Weidenhaft , residents and property owners of 4345 Rahn Road, do not feel aBBcRRID nt #2J03 of Project 4101'584 ik in secordance with Minnesota Statute Amendment. 429.051 ; they do hereby sfervc the City of Eagan formal written notice of their objection to the proposed assessment. A, zdsi'id,x96-iY ,..77q,_ Mark M. We'ider►F►aft. 1(a .hy M. Weiclenhaft: at. Date • COMMF;NTS;As 1 have met on the Rahn Rd. site with Cn.Appraiscr�:,Kealt.ers,and Si .. Lie. Appraiescrss,r,] l state that it 411 is quite obvious thist the wider and more traveled an artery the more it ellert.s the value of 't.he home to the negat•ive.S ince this is what the city has done here.. anc state in thier reports as one of the reasons for the new con!strur_t i on they have compounded the negative benifit of living on this artery.Thucc are not entitt]cd to assessments. g 1 1 RECEIVED JUN 1 3 1991 ic)1 L "" 110 June 14, 1991 ``�'qk J City Clerk City of Eagan Eagan, MN 55122 To Whom It May Concern: This is my written objection to the assessment made against my property located at 4151 Rahn Road, Eagan, MN 55122. From my understanding, an assessment can not be made for anymore than it actually increases the value of your property. The final assessment of $2,615.15 would seem to be alot more than what it raises my property value. Again I strongly object to this assessment and feel it should be properly adjusted. Sincerely, • i L./m Thomas B. Udelhoven 4151 Rahn Road Eagan, MN 55122 (612-452-6750 TBU:mb • C;—e r Mount Calvary LUTHERAN CHURCH *PHILIP HEIDE ROBERT KRIESEL BARBARA McCAULEY Pastor Pastor Education/Youth Director 3930 RAHN ROAD, EAGAN, MINNESOTA 55122 we preach Christ (ruched..Christ the power of 1 God and the wisdom of : .123.24 God PHONE 454.2344 t Ca June 5, 1991 'G G'‘ 1;& Mr. E. J. VanOverbeke, Clerk City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Mr. VanOverbeke, In response to the City of Eagan's Notice of Special Assessment dated May 23 , 1991 for the Rahn Road reconstruction project, Mount Calvary Lutheran Church, 3930 Rahn Road, Eagan, Minnesota, 55122, is filing this written objection to the proposed assessments against the property it owns. The affected property is identified as NE 1/4 , Section 19, Parcel 050-09, and NW 1/4, Section 20, Parcel 010-28. The proposed assessment for the two parcels is 589. 43 ' at $75. 16 per foot totaling $44, 301.56. Our objection is based on two facts which we believe the City of Eagan has not considered when determining the proposed assessment. The first is that it is unfair to assess the same rate to property zoned for Public Use as property zoned for commercial use based solely on traffic generation alone. We maintain the City must, as it realistically does on other zoning classifications, additionally consider the value of the property in terms the owner's ability to produce income from it, their ability to pay the assessment, and especially in the case of a Church, their value to the community. The second is that a sizeable portion of Mount Calvary's frontage on Rahn Road is the side yard of our parsonage, a single family residence. Mount Calvary Lutheran Church requests the City of Eagan assign a separate rate of assessment to property zoned Public Use equal or less than $50.10 per foot. We further request that the parsonage frontage, which can be described as running from midway between the north Church driveway and the parsonage driveway, to the north boundary of the church property, a distance of about 190' , be assessed at the Residential property rate. We feel our objection in regard to the parsonage frontage of 190' is of indisputable merit. This portion of our property is and always has been residential use. The zoning classification is the result of the oddities of acquisition of the two parcels of land, and the resulting economy and procedural simplification for the Church, lending institutions, and governmental bodies. We feel the 13.2 City of Eagan is being grossly unfair by not considering the actual use of this portion of our property. The remaining frontage of 399.43 ' is most assuredly public use. It is responsible for good deal of traffic on Rahn Road. However, unlike commercial property owners who can recover the cost of special assessments by passing them along to their customers or tenants, Mount Calvary Lutheran Church cannot charge more for its product or service. Our real ability to produce income from this property in no way correlates to that of a commercial establishment. Our ability to pay rests on the largess of our member families, and their ability to pay is already severely compromised. Our members are paying huge portions of their incomes to Federal, State, County, and City governments, not to mention burgeoning school districts, watershed districts, sewer districts, airport commissions, transportation commissions, and the like. Over the past few years, the voters of the City of Eagan and the various school districts from whom we draw our membership have demonstrated their limits when they overwhelmingly defeated bond and levy referendums. Mount Calvary Lutheran Church's value to the community must also be considered and in a sense, rewarded. Without any hesitation, we agreed to give up 1,785 square feet of our property for this project. This represents 21% of the total easement acquisitions 0 required for this project. We provide, without reservation, free parking for the large number of people who use Woodhaven Park. A large portion of the traffic generated by Mount Calvary comes from non-church related organizations who use our facilities. Dakota Alano uses our 'White House' seven days a week, every week of the year. Christian Day Child Academy provides pre-school education during the school year. Boy Scout and Cub Scout troops, TOPS, Overeaters Anonymous, Community Meals, Fare Share, Food For Friends, Dakota Habitat for Humanity, Amnesty International, Red Cross Bloodmobile, music lessons, family gatherings, the Mount Calvary Community Music Series, and other community group meetings, all use our facilities. Perhaps more than any other church in Eagan, Mount Calvary has opened up its doors for community groups. Please reconsider the proposed assessments on property owned by Mount Calvary Lutheran Church. We simply do not have the resources, nor are we likely to have the resources in the near future, to pay this assessment. We feel the assessments are unfair, do not reflect what Mount Calvary Lutheran Church is, how its property is being used, and its positive impact on our community. Sincerely, a/Cy\ 6. 613 • Gerard E. Bents, President RECEIVED JUN 10 psu June 10, 1991 James F. Sheldon • Attorney at Law 7300 W 147 Street Apple Valley, MN 55124 Thomas A. Colbert, P.E. City Engineer/Director 3830 Pilot Knob Rd, PO Box 21199 Eagan, MN 55121 RE: Special Assessments Benefits - Rohn Road Reconstruction Project ...Sir Beau-D'-Rue Drive to Shale Avenue Gentlemen: In our recent meeting you had requested that I make an overview of the subject project and render an opinion as to whether the special assessments to be levied against the benefited properties are fair, equitable, and do-in-fact enhance market value. In the analysis process I reviewed the Engineering Feasability report as to substance and, more specifically, the rationale used in spreading the assess- ments to the benefited properties. In addition I made an on-site inspection of the overall project; and finally, I analyzed three typical residential properties in an attempt to arrive at a before and after value. • The following are my conclusions: 1. The logic and formula used in spreading the assessment are fair and equitable. 2. The project is a definite enhancement to the entire area; some of which include access improvements, improved traffic flow, off street parking, sidewalks and bituminous trails, and first impression eye appeal. 3. The three specific properties analyzed were properties #18/ #46, and #60 of the proposed assessment roll. The cost benefits to these three sites are within the reasonable range of market value enhancements. Yours ruly, Rerbert F. yber , MAX, SREA 441 Reflection Road Apple Valley, )Q 55124 cc: Michael G. Dougherty 1110 Agenda Information Memo • June 18, 1991 City Council Meeting SI SENECA PLANT/N-VIRO PROCESS A. Consideration of N-Viro Process as Interim/Temporary Measure at Seneca Plant—At its April 2, 1991 meeting, the Eagan City Council declared the Metropolitan Waste Control Commission (MWCC) in default of the development agreement with regard to scheduled completion of the incinerator/odor control improvements at the Seneca Plant. City staff, residents and MWCC representatives have been meeting to discuss possible interim alternatives to handling odor control concerns prior to the completion of the incinerator improvements. The MWCC has proposed an alternative to incineration of sludge generate at the Seneca Plant. This alternative is called an N-Viro process. If implemented, it would allow for the shutdown of the incinerator until odor control improvements are completed. The N-Viro process basically involves mixing alkaline and cement dust with dewatered sludge, cooking it, putting it in wind rows and eventually spreading it on farmers' fields as a type of fertilizer. The MWCC will be meeting regarding this item on June 18. It is anticipated that resolutions passed at that meeting will be faxed to the City of Eagan late during the • afternoon of June 18 and will be available at pe City Council meeting. Enclosed for the Council's information on this item on page 8> is a copy of a memo from Senior Planner Marnin. Also enclosed is a copy of a report from the City's engineering consultant for the Seneca Project, Jo Wood. That eport is enclosed on pages through Ta.„,. Enclosed on pages ,3 through —1 is a copy of a report of an MWCC meeting May 20, 1991. If the Council is agreeable to this proposal, appropriate safeguards should be part of the agreement with the MWCC such as specific deadlines for completion, liquidated damages clauses, and appropriate force majeure clause, etc. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the N-Viro process as a temporary/interim alternative prior to completion of incinerator odor control improvements at the Seneca Plant. 0 Ry M E M O R A N D U M TO: Tom Hedges, City Administrator 410 FROM: Kristy Marnin, Senior Planner per, DATE: June 11, 1991 SUBJECT: City Council Agenda Item: June 18, 1991 Meeting Seneca Plant: N-Viro Process as Temporary/Interim Alternative Prior to Completion of Incinerator Odor Control Improvements The City Council is requested to consider whether the N-Viro process, which allows for land application of sludge generated at the Seneca Plant, is an acceptable interim measure to help alleviate odor concerns prior to the scheduled completion of incinerator odor control improvements. The MWCC has indicated that it will be unable to complete incinerator odor control improvements by the October 1, 1991 deadline as specified in the Seneca Plant Development Agreement. At its April 2, 1991 meeting, the City Council declared the MWCC in default of the Development Agreement with regard to this matter, and directed staff to pursue a remedy. City staff, residents, and MWCC representatives have been meeting to discuss possible interim alternatives to handling incinerator • odor concerns prior to the completion of the incinerator improvements, now scheduled for December 1992. The MWCC has presented an alternative which would allow land application, as opposed to incineration, of sludge generated at the Seneca Plant. This "N-Viro" process, once on-line, would allow for the shut down of the incinerator until odor control improvements to the incinerator are completed. John Wood, the City's engineering consultant for the Seneca project, has reviewed the report regarding installation and operation of the N-Viro process at the Seneca Plant. A copy of Mr. Wood's review is attached. In this review, Mr. Wood concludes that the N-Viro process is a sound technology and a viable alternative for the earliest possible incinerator odor abatement at the Seneca Plant. Additional aspects of the N-Viro project and other phases of the Seneca Plant expansion and upgrade project are also discussed in this review. If you have any questions regarding this matter, please advise. Attachment cc: Dale Runkle Jim Sturm 411 AVE! Metcalf & Eddy Services, Inc. A Metcalf&Eddy Company June 11, 1991 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Re: Temporary N-Viro Sludge Processing at the Seneca Plant Dear Mr. Hedges: In accordance with your request, I am submitting the following report on the proposed temporary sludge processing facilities at the Seneca Wastewater Treatment Plant. The scope of this report is defined as a "conceptual review" since time constraints do not permit a rigorous study of all the issues • pertaining to this proposed project. The report addresses 1) the MWCC's proposal to construct and operate a temporary sludge processing facility at the Seneca Plant, 2) N-Viro facility plan and design memorandum, and 3) the construction completion schedule. The review is based on information obtained from the following sources: . Meeting with representatives from N-Viro Minnesota, MWCC, City of Eagan, and Eagan Odor Control Advisory Committee . Telephone conversation with N-Viro's engineering subcontractor . Telephone conversations with MWCC personnel . MWCC business item 91-121 Consideration of Temporary N-Viro Sludge Processing at the Seneca Plant . N-Viro facility plan and design memorandum • --ea:: s i,''. :D3- €•:.&__.' 2_F.X 6',2.9.:2_70-2 MWCC PROPOSAL The MWCC is proposing to construct and operate a temporary sludge dewatering • and primary N-Viro sludge processing facility at the Seneca Plant. The temporary facility is considered an alternative for solids handling needs at Seneca, and would address construction completion provisions of the Eagan Development Agreement as well as the overall Seneca Sludge Handling Improvements project. The proposal also has implications for construction and operations at the Metro Plant, as well as previously approved N-Viro process demonstration plans. Although these concerns are of utmost importance to the MWCC, they will not be addressed in this report as they are considered peripheral .issues to the proposed Seneca facility. The MWCC proposes to construct and operate the temporary facility as soon as possible, with a targeted completion date of July, 1992. Once the facility is completed, it will allow the sludge handling contractor to work on all sludge processing areas simultaneously and could therefore accelerate the overall construction completion schedule. As stated earlier, the proposal has other implications for the MWCC, both positive and negative, which include deleting and adding facilities at the Metro Plant, sludge marketing, and permanent site selection for secondary processing facilities. Advantages of the temporary facility to the Seneca Expansion Project, as proposed by the MWCC, would include: . Opportunity to control incinerator odors before 12/31/92, via a temporary shutdown of the incinerators. . Could facilitate construction of the Sludge Handling project, thereby saving time and money. . Minimizes duplication of facilities and costs. . Improves technical validity of Southwest Area Sludge Management • program by using only Southwest Area Sludge. • (2) SP7 Disadvantages of the proposal, as it pertains to the Seneca Expansion Project, are: • May not be implementable quickly enough to significantly benefit the Sludge Handling project. . Having two contractors working in the sludge area could cause coordination problems. . Needs City of Eagan and MPCA approval. . Fast pace increases opportunity for problems. Based on the proposed alternative plan, the MWCC directed N-Vito and its engineering subcontractor to evaluate the costs and implementation'schedule for the temporary facilities at the Seneca Plant. N-VIRO FACILITY PLAN AND DESIGN MEMORANDUM • Technology N-Viro is a technology that utilizes pasteurization and chemical fixation processes to disinfect and stabilize sewage sludge, thereby making it suitable for agricultural land application as well as other beneficial uses. Sludge is composed of residuals that are generated and collected through the processing of wastewater at treatment facilities. The technology is an EPA approved PFRP (Process to Further Reduce Pathogens) and is the recipient of the EPA's 1990 First Place Technology Development Award for Enchanced Beneficial Use of Sludge. Technical information provided by N-Viro states that immediate and significant odor reduction occurs when the N-Viro alkaline admixture is mixed with dewatered sludge. Odor control and further odor reduction are reported to occur as the treated sludge goes through the aging process. (3) • Project Approach The facility plan is an evaluation of the feasibility of siting a temporary N-Viro processing facility at the Seneca Plant. The facility plan addresses the areas of sludge production, sludge storage, equipment sizing, and operational requirements. It also provides cost estimates and comparisons of capital and operating costs associated with the proposed facility. The proposed primary processing facility would be located east of the existing solids handling building which, according to the site plan, places it in the extreme northeast quadrant of the existing plant site. The processing facility will be one building, 118' by 65' , consisting of three main areas. One area will be used to house the belt presses and the auxiliary control equipment. The second area is the loading room where the end dump trailers will be located. The third area provides office space, polymer storage, and a control center for various pieces of equipment. Located adjacent to the processing facility are three silos for the storage of alkaline admixtures. Two of the silos are 22' in height and 12' in diameter and the third is 40' in height and 14' in diameter. Roadways and truck access routes will be provided to allow for transportation of the treated sludge to the Metro Plant. The primary treatment process involves pumping a combination of raw primary and thickened waste activated sludge to the new processing facility. Inside the facility, the sludge will be blended with a polymer and then dewatered on two belt filter presses. Sludge dewatering is a process that already is being utilized at the Seneca Plant, and is intended to reduce sludge volume by removing excess water. The dewatered sludge will be transported by a conveyor to a paddle mixer where it is then mixed with a blend of the alkaline admixtures, which is the initial phase of the chemical fixation process. The sludge mixture is then conveyed to the loading area where it will be deposited in end dump trailers which are then used to transfer the material to the Metro Plant. The actual pasteurization process occurs within these containers over a 12 hour period, although this will be accomplished at the Metro Plant since that is where the trailers will be stored. • (4) 91 Odor Control Two separate odor control systems will be provided within the facility. One will be provided for the belt press area where odors can typically be anticipated from the dewatering process. A properly sized dual bed activated carbon system is proposed for this area of the building to treat the odorous air. Another area where odors could be produced is when the sludge is mixed with the alkaline admixture, and a release of ammonia occurs. This area will also be scrubbed with the air flowing through a dust collector prior to a wet scrubber, and then discharged into the atmosphere. Construction Completion Schedule If the MWCC were to implement this project immediately, the targeted schedule would be as follows: Start Design June 10, 1991 Advertise For Bids September 6, 1991 Open Bids September 28, 1991 • Contract Award October 15, 1991 Notice To Proceed November 15, 1991 Delivery Of Dewatering Equipment March 15, 1992 Substantial Completion June 15, 1992 Final Completion July 1, 1992 The proposed schedule is considered tight but feasible, and assumes a fast-track project approach. SUMMARY The MWCC is proposing the alternative temporary facility for a 'number of reasons, one of which is to mitigate incinerator odors prior to 12/92. There may also be benefits to the overall project through better coordination of solids handling and incinerator improvements. The temporary facility would also improve the validity of the Southwest Area Sludge Management Program by using only Southwest Area sludge. • (5) °V° Based on the information provided, it would appear that the temporary processing facility is a viable alternative and one that would provide relief from incinerator odors prior to 12/92. However, the processing • facility itself is likely to produce odors of a different nature (ammonia), and it is therefore essential that proper odor control measures be taken. If properly sized, the dual bed activated carbon and wet scrubber systems should provide adequate odor control. The temporary building should be relatively tight, with negative pressure maintained to prevent odorous air from escaping the facility. It is unknown how much, if any, odorous air will escape from the loading area when the overhead doors are raised for container transportation. If this should become a problem, it may be necessary to further isolate this area with a curtain—type partition in an effort to contain and treat escaping odorous air. Consideration should also be given to the design and construction of the containers that are used to transport the sludge so that odors are not emitted as it leaves the Seneca Plant site. It should be noted that one of the goals of the proposed facility is to reduce incinerator odors by 7/92. Other phases of the Seneca Expansion project will be ongoing through 1993, so other process odors may be detectable from time to time. However, completion of the two stage headworks odor control • system is also scheduled for 7/92, so a significant reduction in overall odors might be anticipated by also incorporating the proposed temporary facility plan. The MWCC acknowledged in the March, 1990 Design Report, and again in a January, 1991 report, that they would not be able to meet the incinerator odor control completion date of October 1, 1991, as required in the Development Agreement. This was due mainly to circumstances related to a revised sludge management plan and a reevaluation of incinerator and sludge handling technologies. The MWCC is now proposing the alternative temporary processing facility in an attempt to mitigate incinerator odors as quickly as possible and also provide better coordination of the overall Seneca Expansion project. In order to accomplish this, they are willing to commit to capital costs of $2.5M at Seneca and $1.7M at Metro, as well as $l.2M in estimated annual operating costs. • (6) Given the circumstances, I believe that the MWCC is offering a sound technology and a viable alternative for the earliest possible incinerator odor abatement at the Seneca Plant. I would therefore recommend that the • City of Eagan give conceptual approval to the proposal, so that the MWCC can proceed with the development of the temporary processing facility. If you should have any questions or require further information, please do not hesitate to contact me. Sincerely, METCALF & EDDY SERVICES, INC. , 4 /( C-7 4 John Wood Midwest Area Manager • • (7) MAY-21-91 TUE 16:27 P. 02 COMMISSION YEETI)TG410 11-121 METROPOLITAN FASTS CONTROL ;MISSION • MEARS PARE CENTRE 230 EAST FIFTH STREET, ST. PAUL, MINNESOTA 55101 • (012) 222-8423 • MAY 20, 1991 : CONTINUING OPERATIONS SUBJECT: CONSIDERATION OP TEMPORARY 1-VIRO SLUDGE PROCESSING AT TEE SENECA PLANT SUMMARY: This business item presents a temporary sludge processing alternative for the Seneca Plant, which addresses critical aspects of the Fagan Development Agreement and Seneca Sludge Handling Improvements project, and which involves a revision to the previously approved N-Viro process demonstration plan. The alternative includes: (1) temporary sludge dewatering and primary N-Viro sludge processing (addition of alkaline admixtures) with odor control at the Seneca Plant; (2) temporary secondary N-Viro sludge processing (windrow drying and storage) at the Metro Plant for a portion of the treated Seneca sludge; and (3) temporary storage at the Metro Plant followed by direct transport and farm land application for a portion of the treated Seneca sludge. AECOM ENDATION It is recommended that the Metropolitan Waste Control Commission authorize its Chief Administrator to evaluate the temporary N-Viro sludge processing alternative for the Seneca Plant and to present his findings and recommendations at the June 11, 1991, Operations and Budget Committee meeting. 411 615 MAY-21-91 TUE 16:27 P.03 comXSsroN MEETING 91-121 piscvssrorr: Background: This business item addresses several aspects of the N- Viro Minnesota sludge Management services Agreement, the Seneca Sludge Handling Improvements project, and the Eagan Development Agreement. The current situation is as follows: 1. N-Viro Minnesota: a. Metro Plant Process Demonstration Facility to be constructed during 1991 and operated on Metro Plant sludge in 1992-1993 until a permanent off-site facility has been constructed. b. Permanent Processing Facility sited in 1991, designed and constructed in 1992-1993, and operated on Seneca sludge from 1993 onward. 2. Seneca Sludge Handling: a. Complete construction of odor control and other improvements to one sludge incinerator by December 31, 1992. b. Complete construction of all facilities by July 31, 1993. c. Operate existing Seneca facilities to dewater and incinerate sludge during construction. d. Haul liquid sludge to Metro Plant during periods when construction requires total shutdown, which is currently planned for one month. 3. Eagan Development Agreement: a. October 1, 1991 date for completion of incinerator odor control probably will not be achieved. b. Negotiations with Eagan to modify the Agreement began on May 17, 1991. The alternative to consider is as follows: 1. Construct and operate temporary sludge dewatering anfl N Viro processing facility (addition of alkaline admixtures) with odor control at Seneca Plant as soon as possible, which may be mid-1992, depending on the permitting process. a. Allows Seneca Sludge Handling contractor to work on all sludge processing areas simultaneously after completion of temporary sludge processing facility. b. Constructs temporary facilities similar to permanent facilities, which • have been conceptually accepted by Sagan. o. Deletes primary N-Viro sludge processing at Metro Plant. a11 • MAY-21-91 TUE 16 :28 P.04 COMMISSION MEETING 91-121 2. construct and operate secondary N-Viro sludge processing facilitS (windrow drying and storage) at Metro Plant to accommodate larger sludge quantity than originally planned. 3. During temporary operation in 1992-1993, market sludge directly to farmers after primary sludge processing, and complement with secondary N- viro processing at the Metro Plant, especially during the summer when crops are in the fields. 4. Continue sits selection for permanent N-Viro secondary processing facility. a. Delete primary processing facility, which would be a duplication of Seneca Sludge Handling project. b. If siting is infeasible, re-evaluate Seneca Plant and Blue Lake Plant as site options (sufficient area is available) , along with alternatives that do not need a secondary N Viro processing site (e.g. market the sludge product after primary N-Vino processing) , after there has been time to demonstrate the process at Metro Plant. Advantages of this option are: 1. Provides opportunity to control Seneca incinerator odors before 12/31/92 (via temporary shutdown) . 2. Could facilitate construction of Seneca Sludge Handling project, say time and money. Depends on timing and desire of contractor to negotiat any savings. 3. Minimizes duplication of facilities and costs, since temporary facilities' equipment may re-used at Blue Lake. 4. Improves technical validity of Southwest Area Sludge Management Program (N-Viro contract) by using only Southwest Area sludge. 5. Improves chances of siting of p ent N-Vito facility by only bringing processed sludge to the facil tf y(o(odors and health already addressed) . 6. Keeps siting options open. 7. Avoids conflicts with Metro Plant priorities (phosphorus removal and other special plant studies) and solids processing capacity. Disadvantages of this option are: 1. It may not be implementable quickly enough to significantly benefit the Seneca Sludge .Handling project. 2. Having two contractors working in the Seneca sludge area could cause coordination problems. 3. It may not be feasible or desirable to re-use equipment at Blue Lake. 3 5 MAY-21-91 TUE 16:29 P.®g CONXISsION MEETING 91-121 • 4. It needs Eagan and MPCA approval. 5. Fast pace increases opportunity for problems. 6. It delays N-Viro program market development by several months, because only N-Viro Soil for demonstration projects will be produced in the interim using mobile equipment. • current Status: The alternative for temporary N-Viro sludge processing at the Seneca Plant was discussed with the Mayor, staff, and nearby residents of the City of Eagan on May 17, 1991. The Eagan representatives were receptive to this idea and requested that MWCC return in two weeks to present further information on the alternative. The reissued Air Operating Permit for the Seneca Plant, which will include the new facilities, is scheduled to be placed on public notice by !(PCA in late May. MWCC staff will request the addition to this permit of the air scrubbers associated with the temporary N-Viro sludge processing facility. The design and procurement of the primary N-Viro sludge processing facilities for the Metro Plant Process Demonstration has been placed "on hold". Action on the equipment procurement (Business Item No. 91-111) has been delayed until June, 1991. N-Viro Minnesota and its engineering sub-contractor, Donohue, have been re-directed to evaluate the costs and implementation schedule for the temporary N-Viro sludge processing alternative for the Seneca Plant. A report will be developed for presentation to )!WCC on June • 11, 1991. XSSUES/9PTIONS/ALTERNATIVES: Issues include: (1) schedule for the Seneca Sludge Handling Improvements and compliance with Eagan Development Agreement; and (2) Southwest Area sludge management implementation program concepts and schedule. The temporary N- Viro processing alternative for the Seneca Plant impacts both issues in a way that is potentially favorable. Further evaluation is recommended. Submitted By: Reviewed By: illiam C. Moor - • Gordon O. Voss Director of Engineering and Chief Administrator Construction • WCM:BP:hs 5.20.91 411 • 4 (N(o MAY-21-91 TUE i6:29 P.06 COMMISSION MEETINGS 11-121 METROPOLITAN WASTE CONTROL COMMISSION NEARS PARE CENTRE • 230 BAST FIFTH STREET, ST. PAUL, MINNESOTA 55101 012) 222-0423 RESOLUTION MO. 93-12i AUTHORISING EVALUATION OP TEMPORARY N-VIRO SLUDGE PROCESSING ALTERNATIVE POR SENECA PLANT WHEREAS: 1. The Seneca Sludge Handling Improvements project may be constructed at a lower cost, if the sludge can be processed temporarily in a facility separated from the existing Seneca sludge processing building. 2. The current Seneca sludge project schedule may necessitate a• modification to the Eagan Development Agreement. 3. The Southwest Area sludge management program, including the N-Viro Minnesota contract, needs evaluation to determine how to successfully incorporate the Seneca Plant temporary N-Viro sludge processing facility alternative. BE IT RESOLVED, by the Metropolitan Waste Control Commission as follows: 1. The Chief Administrator is authorised to evaluate the Seneca Plant temporary N-Viro sludge processing alternative and is requested to report his findings and recommendations at the June 11, 1991, Operations and Budget Committee meeting. Adopted on May 21, 1991 METROPOLITAN WASTE CONTROL OoleasBION By BY Charles R. Weaver Gordon O. Voss Chair Chief Administrator WGM:BP:hs 5.20.91 • (in Agenda Information Memo • June 18, 1991, City Council Meeting q70', TRANSFER/MULTI-FAMILY HOUSING REVENUE BONDS/ROYAL OAK CIRCLE B. Resolution Authorizing the Execution of Certain Documents in Connection with the Foreclosure of and Transfer of title to the Royal Oak Circle Apartment Project—Enclosed on pages and are copies of correspondence from Christine Chale of Holmes and Graven regarding the Royal Oak Circle Apartment project multi-family housing mortgage revenue bonds. As indicated previously, the project's cash flow difficulties have resulted in the bond holder indicating an intent to foreclose on the bonds and transfer ownershi op f the ro ectct. The City has no exposure as a result of this default, but if will be necessary for the aM yor and City Clerk to execute certain documents o half of the city ' order to permit the transfer to take place. Also enclosed on pages LA through h 4 Pe is a copy of a resolution reflecting this action. As the Council will recall, this item was continued from the May 23, 1991, regular City Council meeting and again from the June 4, 1991, regular City Council meeting in order to receive answers to the following questions: 1) how will the tax forfeiture of the property be handled; 2) what are the implications of cooperative ownership to the City's tax base; and 3) how will the City's costs be paid. The City Attorney's office has been working with Ms. Chale regarding this issue and answers to a questions are included in a memo from Mike Dougherty enclosed on page(s) ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a resolution authorizing the execution of certain documents in connection with the foreclosure of and transfer of the title to the Royal Oak Circle Apartment project as presented. • 7:i JLN 13 '91 15:15 HOLIES & GRAVEN P.2 . • HOLMES&GRAVEN. . : i . : .: •• ' ... C1l.R.reaCD•• • •4 7."N i i h a u Center,Minanpok.Mise,eola 3716E • ( CHRISTINE M. CHALI e(44.1i'337-4141 • JwFaile(1l2)317431. Direct Dial'(612)337-A21Q ' ' •". . • . June 13,1891 . .. • •• : • .. • _Mr. 'ipmas:Hedges. • •, ; • • • .. • .City.of Began .. - : : • . . . . . .•• -3830 Pilot Snob Road '•••••: • - -• • . . •• ' ' .. • •• • , Eagan, Minnesota. 55122 • • . • • • • - • Re; • • • - • • .•City of Regan, Minnesota ' . • •• - • •• •• 812,580,000 .: . . • •Multifamily Housing Mortgage Revenue.Bonds • • . ••.(Royal Oak Circle Project), . • • • Series 1986 •• .: - •• Dear Mr. fledges:: :••,. ••. . . . • We acted as bond eoungle'.with respect to the above-referenced bond issue, which , was closed in Member. of 1986. The bonds were used to finance a 231-unit ' :. •' •• multifamily project located in the City of Eagan, owned by Royal -Oak•Circle, a, L III imited Partnership,: tie general partners of-which were Can American Realty. • Corporation and Royal..Osk Circle,.Inc. The bonds were sold to a single Purchaser, • • • Capital•Realty Investors Tax Exempt Fund Limited Partnership ("CR!TEP). Under the federal tax requirements applicable to.the project, twenty peroent=of the units • must be held for occupancy by persons or families with incomes at or below 80% of •median income. • • . • •:•CRITEF •hasp• informed •me that the project has been .experiencing'cash flow • .. - • . difficulties 'due. primarily .to lower than anticipated, rents and• higher than • • •anticipated operating expenses. CRITEF has published notice'of a foreclosure sale (although.there remains a possibility that the existing owner may deliver a deed in lieu) and intends to•have CRICO of Royal Oaks Limited Partnership, a.Mimiesota • Jimited partnership,take ownership of the project temporarily until'the redemption period rums and a-permanent purchaser for the project can be found. CR>TEP plans • to maintain the low and moderate, income occupancy requirements during this interim period so that on.e•subsequent sale to another.developer, the tax-exempt status •of the•bonds-can be maintained. CRITBF is•investigating its options and • seeking a permanent purchaser for the project, including ' investigating the feasibility.•of cooperative 'ownership of the project. (Due•to federal tax law • . •requirements relating to the bonds, any eooperative would be Set up as *nonprofit . . limited. equity cooperative in which all members of the cooperative must be tenants, end the price of member interests in the 000perative is limited to a nominal amount to maintain the affordability of the units.). 8o long as the bonds remain outstanding, the low and moderate income set aside requirement must be • met. . • .. . G\CI\ JLH 13 '91 15:16 HOLFES & GRAVEN P.3 Mr. Thomas Hedges •i June 13, 1991 Page 2 CRITEP has requested that the City approve certain minor changes to the bond documents in connection with the foreclosure sale or deed in lieu. First, the amendments will provide that unpaid interest required by the original documents will accrue with interest and be payable when project cash flow is sufficient. The temporary owner will then not be in default. Second, the amendments will permit any manager affiliated with CR1TEP to receive management fees on a current basis. Unless a deed in lieu is delivered, new loan documents will be entered into with the temporary owner which include substantially the same terms as the original loan documents. I have enclosed a form of resolution approving such changes. Forms of the { following documents prepared by CRITEF's counsel are being forwarded under separate eover: 1. Amendment to Lender Loan Agreement; 2. Loan Agreement (and an Amendment to Loan Agreement to be used instead if a deed in lieu is delivered); 3. Mortgage (not necessary if a deed in lieu is delivered); 4. Assignment of Leases and Rents (not necessary if a deed in lieu is delivered); and 5. Assumption of Declaration of Restrictive Covenants and Regulatory I Agreement. '` The documents are consistent with those originally executed in connection with the bonds except as described above. The bonds are revenue bonds payable solely from amounts received under the loan agreement, and all costs and expenses of the amendment are to be borne by the owner or CR1TEP. CRITBF has requested that this matter be placed on the agenda for the Jerre 18, 1991 City Council meeting. Thank you for your assistance in this matter. Please let me know if you have any questions regarding this matter or if I can provide any additional information. Very truly yours, r e M. C hale CMC:tas Enclosures OM Mr. Michael Dougherty(w/anal.) Mr.Zugene VanOverbeke (w/o•ee l.) Mr. Jeff Lesk(w/o eneL) Ms. Jill Himmer (w/o encl.) I • 6 • loo JUN 13 '91 15:16 HOU'ES & GRAVEN P.4 RESOLUTION NO. ;.,�, • A RESOLUTION AUTHORIZING THE EXECUTION OF • CERTAIN DOCUMENTS IN CONNECTION WITH THE • FORECLOSURE OF, AND TRANSFER OF TITLE TO, THE ROYAL OAK CIRCLE APARTMENT PROJECT. • WHEREAS, on December 5, 1986, the City of Began (the "Issuer") issued and sold to Capital Realty Investors .Tax Exempt Fund Limited Partnership (the "Bondowner*) pursuant to a Lender Loan Agreement dated as of December 1, 1986 between the Issuer end the Bondowner (the "Lender Loan Agreement") a Multifamily Housing Mortgage Revenue Bond (Royal Oek Circle Project), Series 1986 (the "Bond") in the principal amount of $18,580,000 pursuant to Minnesota Statutes, Chapter 4620 (the "Act") in order to refund the issuer's Multifamily • Rental Housing Revenue Bonds (Royal Oak Circle Project) Series 1985 (the "Refunded Bonds");.and WHEREAS, the transferred proceeds of the Refunded Bonds were loaned to Royal Oak Circle, A Limited Partnership, a Minnesota limited partnership (the "Prior Owner") to finanee the acquisition and oonstruetion of the Royal Oaks Apartments(the "Project")pursuant to a Loan Agreement dated as of December 1, 1986 (the "Prior Loan Agreement") among the Issuer, the Bondowner and the Prior • . Owner;and WHEREAS, the Bondowner has informed the Issuer that the Prior Owner is in default under the Prior Loan Agreement and the Bondowner has initiated an • action to foreclose the Combination Mortgage, Security Agreement and Fixture • Financing Statement dated as of December 1, 1986 (the "Prior Mortgage") from the • Prior Owner to the Issuer and the Bondowner to secure the obligations of the Prior • Owner under the Prior Loan Agreement;and • WHEREAS, upon foreclosure of the Prior Mortgage, or alternatively upon • •delivery of a deed in lieu of foreclosure, title to the Project will be transferred to CRIC0 of Royal Oaks Limited Partnership, a Minnesota limited partnership (the "New Owner") and a loan will be made to the New Owner pursuant to a Loan Agreement dated as of the date of execution among the Issuer, the Bondowner and the New Owner;and • WHEREAS, there have been presented to this meeting the following documents, which the Issuer proposes to enter into: • 1. The form of the Loan Agreement, dated as of the, date of their execution and delivery and the form of the Amendment to Loan Agreement dated = as of the date of their execution and delivery (to be executed in the alternative in the event a deed in lieu is delivered)(the *Loan Agreement"), among the Issuer, the Bondowner and the New Owner; 2. The form of the Amendment to Lender Loan Agreement, dated as of the date of their execution and delivery (the *Amendment to Lender than • Agreement"),between the Issuer and the Bondowner;and • • 1 •• •• • JUN 13 '91 1517 HOLr'ES & GRAVEN P.5 • • i 3. The form of the Assumption of Regulatory Agreement and Declaration dated as of the date of their execution and delivery (the "Assumption of Regulatory Agreement") from the New Owner and accepted by the Issuer and the Bondowner; and • • WHEREAS, it appears that each of the instruments above referred to, which are now before the Issuer, is in appropriate form and is an appropriate instrument for the purposes intended; • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY OP EAGAN, MINNESOTA, AS FOLLOWS: • 1. That the form and content of the Loan Agreement, Amendment to Lender 'Loan Agreement and Assumption of Regulatory Agreement be, and the • same hereby are, in all respects authorized, approved and confirmed and the Mayor and the City Clerk be, and they hereby are, authorized, empowered and directed to • execute, attest. to the execution of, seal with the official seal of the Issuer and deliver the Loan Agreement, Amendment to Lender Loan Agreement and Assumption of Regulatory Agreement for and on behalf of the Issuer, including necessary counterparts in substantially the form and content now before this meeting but with such changes, modifications„ additions or deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, • modifications, additions or deletions therein from the form and content of the Loan Agreement, Amendment to Lender Loan Agreement or Assumption of Regulatory Agreement now before this meeting, and that, from and after the execution, attestation, sealing and delivery of the Loan Agreement, Amendment to Lender . Loan Agreement and Assumption of Regulatory Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Loan Agreement, Amendment to Lender Loan Agreement • and Assumption of Regulatory Agreement as executed. • 2. That the Mayor and the City Clerk of the Issuer be, and they hereby are, authorized to execute and deliver for and on behalf of the Issuer any and all additional agreements, certificates, documents, opinions or other papers and perform all other acts as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. • s. That in the event of inability or unavailability of any official of the Issuer to perform any duty assigned to such official by the terms of this Resolution, • any officer or employee of the Issuer authorised to act for such official is hereby authorized and directed to do so. • 4. . That no covenant, obligation or agreement herein contained or contained in the Amendment to Lender Loan Agreement, the Assumption of Regulatory Agreement or the Loan Agreement or such other agreements, . certificates, documents or other papers executed on behalf of the Issuer in order to implement and carry out the intent and purposes of this Resolution shall be deemed to be a covenant, obligation or agreement of any officer, member, agent or employee of the Issuer in his individual capacity. • • • S MIA 13 '91 15:18 HOLhES & CRAVEN P.6 • 6. That the Bond is a limited obligation of the Issuer payable solely from the revenues or funds pledged therefor under the Lender Loan Agreement. . The Bond will not be payable from any of the Issuer's other revenues or assets. Neither the faith and credit nor the taxing power of the Issuer or the State of Minnesota has been pledged to the payment of the Bond. Neither the State of Minnesota nor any political subdivision thereof shall in any event be liable for the payment of the principal of, premium, if any, or interest on the Bond or for the performance of any pledge, obligation or agreement of any kind whatsoever of the Issuer and neither the Bond nor any of the Issuer's agreements or obligations shall be construed as an indebtedness of or a pledge of the faith and credit of or a loan of the credit of any of the foregoing within the meaning of any constitutional or statutory provision whatsoever, 6. That the provisions of this Resolution are hereby declared to be separable, and, if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. • Adopted by the City Council of the City of Eagan, Minnesota on this day of , 1991. BY ., Attest: Mayor BY City Clerk • I ' 3 \52, • JUN 13 '91 15:19 HOLES & CRAVEN P.7 1 STATE OF MINNESOTA ) • COUNTY OF DAKOTA )tn. CITY OP EAGAN ) • • I, the undersigned, being the duly qualified and acting Clerk of the City of • Eagan, hereby certify that this is an exact and true copy of Resolution No. , as adopted by the City Council of the City of Eagan on the day of , 1991, and that this Resolution is a part of the minutes of said Council meeting. WITNESS my hand officially as City Clerk this day of ,, 1651. • • CITY OP EAGAN, MINNESOTA • i City Clerk • • • • • • • • • • • • • • i • • • • • • • •i. . • D • City Attorney Dougherty's memorandum will be included with the Additional Information packet on Monday, June 17. • • Agenda Information Memo • June 18, 1991 City Council Meeting L. ..: BUSINESS ,PRELIMINARY PLAT/E-Z STOP A. Preliminary Plat, E-Z Stop of Eagan/Crown Coco, Co. Inc., Consisting of One Lot on Approximately 7 Previously Zoned GB (General Business) Acres Located at the NW Intersection of Nicols Road and Diffley Road in the SW 1/4 of Sec 19 (Request to Continue Indefinitely)--At its regular meeting of May 28, 1991, the Advisory Planning Commission considered an application for preliminary plat for the E-Z Stop of Eagan Addition located at the Diffley and Nicols Road intersection. At the meeting, the Advisory Planning Commission unanimously recommended approval of the item. However, on Thursday,June 6, City Planner Sturm met with the applicant to discuss a proposal by the applicant to purchase the vacant land to the north of E-Z Stop and to expand their facility in that direction. If this purchase is completed, a revised preliminary plat would be required. Therefore, the applicant is requesting that the revised preliminary plat be considered at the July Advisory Planning Commission meeting and that this item be continued indefinitely. Enclosed on page l cols a copy of a memorandum from City Planner Sturm considering this matter for the Council's information. 110 ACTION TO BE CONSIDERED ON THIS ITEM: To continue consideration of the preliminary plat for E-Z Stop of Eagan indefinitely V,0 (47 MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR DALE C. RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: JUNE 10, 1991 RE: E-Z STOP OF EAGAN At the May 28 Advisory Planning Commission meeting, the Preliminary Plat for the E-Z Stop of Eagan addition located at the Diffley and Nicols Road intersection was approved unanimously. The existing building was to be remodeled and expanded and platting was necessary before building permits could be issued. The proposal would clean up the existing situation by adding curb and gutter, resurfacing the parking lot, and adding landscaping. The concern we had was with the excessive signage on the site and a condition was placed in the staff report requiring that an overall sign plan be included with the Final Plat submission. The Commission discussed the building exterior which would be a stone finish on three sides (not all four sides) and whether or not that would be appropriate since the rear is visible from the Cedar Avenue entrance. The Commission noted that this was a re-development project, and as a result felt stone on three sides would be acceptable. In addition, a condition was added that would allow setback Variances shown on the site plan. On Thursday, June 6, I again met with the applicant to discuss a proposal they have to purchase the vacant land to the north and expand their facility in that direction. By doing so, the parking lot along Diffley Road would meet the Code 20' setback and the southerly driveway along Nicols Road could be shifted to the north. While the previous proposal was for building/remodeling, the revised plan would call for the construction of a new art deco style building and the removal of the existing one. This would be a major improvement to that intersection and we anticipate that the revised Preliminary Plat will be scheduled for the July APC meeting. The applicant is requesting that the current Preliminary Plat be continued until after the July Planning Commission meeting. • If you would like additional information, please advise. City Planner JS/js • O Agenda Information Memo • June 18, 1991 City Council Meeting PRELIMINARY PLAT/TOWN CENTRE 70 11Th ADDITION B. Preliminary Plat, Town Centre 70 11th Addition, Consisting of One Lot and Outlot on Approximately 29.3 CSC (Community Shopping Center) Acres, and a Conditional Use Permit for Outdoor Displays and Sales in a CSC District Located Along the North Side of Duckwood Drive in the NW 1/4 of Sec 15—At its regular meeting of May 28, 1991, the Advisory Planning Commission considered an application for preliminary plat for one lot of 14 acres (609,946 square feet) for a retail store and one outlot of approximately 15.25 acres (664,498 square feet) for future retail. Also requested was approval for a conditional use permit for one lot for outdoor sales and display. The Comprehensive Guide Plan designates this area CSC (Community Shopping Center) and the proposal is consistent with that plan. The Advisory Planning Commission recommended approval of the preliminary plat with a 5 - 2 vote and approval of the conditional use permit with a 6 - 1 vote. For additional information with respect to this application, please refer to the Community Development Department staff report which is enclosed on pages 'p° through 1- .1 for your review. There is also a letter enclosed on page 13O from Gerald Braun and Leroy Rother of R & B Investors which describes teir concerns about the proposed development. Also enclosed on pages \ ) through (3 1 is a copy of the May 28, 1991 APC meeting minutes regarding this item. Enclosed on page 12,is a copy of a memo regarding the • action taken by the Advisory Parks,Recration and Natural Resources Committee regarding this item. Also enclosed on pages V3 through 3� for the Council's information is a copy of a memorandum from City Planner Sturm regarding this item. In addition, enclosed on page is another memo from City Planner Sturm in reference to a meeting he and Commu 'ty Development Director Runkle attended with the applicants. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for Town Centre 70 11th Addition and a conditional use permit for outdoor displays and sales in a CSC district. • SUBJECT: PRELIMINARY PLAT, CONDITIONAL USE PERMIT TOWN CENTRE 70 111E ADDITION • APPLICANT: EAGAN TOWER OFFICE BUILDING PARTNERSHIP LOCATION: OUTLOT E, TOWN CENTRE 70 1ST ADDITION EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: MAY 28, 1991 DATE OF REPORT: MAY 22, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat for one lot of 14 acres (609,946 sq. ft.) for a retail store and one Outlot of approximately 15.25 acres (664,498 sq. ft.) for future retail. Also requested is approval for a Conditional Use Permit for one lot for outdoor sales and display. COMPREHENSIVE GUIDE PLAN MAP AND ENVIRONMENTAL CONCERNS: The Comprehensive Guide Plan designates this area CSC (Community Shopping Center) • and the proposal is consistant with that plan. The EAW (Environmental Assessment Worksheet) prepared for Town Centre 70 (June 1986) analyzed approximately 530,000 sq. ft. of miscellaneous retail commercial/other commercial uses. Approximately 213,100 sq. ft. has been built to date. The proposed 114,086 sq. ft. store (plus 30,400 sq. ft. expansion plus 72,800 sq. ft. (approx.) "Future Building") brings the total square footage of development for Town Centre 70 to approximately 430,386 sq. ft. As such, the proposed development is within the allotted square footage analyzed in the EAW. The ISP for Town Centre 70 (ISP 86-11(88), September 1988), allows a total of 3,485 parking spaces. Approximately 1,230 parking spaces have been developed to date. The proposed 1,000 spaces would bring total parking spaces for Town Centre 70 to 2,230 spaces. As such, the proposed number of parking spaces is within the allowed limit of the ISP. EXISTING CONDITIONS: Currently, the 29.25 acre site is vacant. It is located within the Eagan Town Centre development and is located south of the existing Town Centre strip mall,west of Denmark Avenue and Forest Ridge apartments,north of Duckwood Drive,and east of Town Centre Drive. Except for Forest Ridge apartments, zoned R-4 (multiple), the surrounding properties are zoned CSC (Community Shopping Center). • \-\ SITE PLAN: The site plan shows a 114,086 sq. ft. building on the east side of Lot 1, with a 30,400 sq. ft. future building expansion on the east side of the proposed building. On the southwest corner of the building, the plan indicates a 50'x 130'(6,500 sq. ft.)outdoor garden center. The west side of Lot 1 is the parking lot. The total number of parking stalls is 986 (962 regular stalls and 24 handicap stalls). The plan also shows future development of Outlot A with an approximate 72,800 sq. ft. building shown abutting the building on Lot 1. The buildings, as proposed, meet all setback requirements, and the retail shopping center requirements listed in 11.20 Subd. 12.B.1. a. An overall plan shall be submitted and approved by the City including architecture, parking, driveways, landscaping and screening before construction is commenced. b. Initial construction shall include a minimum of 20,000 square feet of floor area to insure that the center will function as described in Sub-paragraph A above. The 6,500 sq. ft. garden center showed a chain link fence around it which has since been changed to wrought iron. Also, a 12'high wall extended out from the loading dock area has been added to screen the delivery trucks from Duckwood Drive. The parking lot is approximately two-thirds of the site. The east/west aisle lengths shown • on the site plan average approximately 600'with no north/south center drive to allow traffic to turn within the parking lot itself, rather than the perimeter drive aisles. Signage shall be in accordance with the Town Centre Pylon Sign Agreement. The pylon located at the corner of Town Centre Drive and Duckwood Drive will be combined with the existing monument sign. The landscape plan was designed to match the existing Town Centre landscaping. Berming along Town Centre Drive and Duckwood Drive will be consistent with the Town Centre development. Interior parking landscape islands are shown on the plan, but may need to be modified if a north/south drive aisle is approved. Additional landscape islands will help break up the large parking lot. COMMENTS: As part of the City's review, an additional traffic study was prepared by SEH (Short, Elliott, Hendrickson Inc.) focusing on the location and design of the proposed driveway access and on-site circulation and parking. The report stated several concerns with traffic volume on the shared driveway between two existing malls and this development off Town Centre Drive. As for the length of the driveway throats, some of these have been modified on a revised site plan prior to the APC meeting. The lane widths at the access points need to be modified and made wider. These, and other concerns, will need to be addressed prior to Final Plat approval. The SEH report is attached for review. • A Conditional Use Permit has been applied for to allow the outdoor sales and storage for the garden center. Outdoor sales/storage is a Conditional Use in the Community Shopping 40 Center zoning district. • \ \ GRADING/DRAINAGE/EROSION CONTROL: The site was previously graded in the mid- 1980's, therefore, a minimal amount of grading will be necessary to prepare the site for the • parking lot and building pad. The preliminary grading plan shows 3-4 foot high berms that will be provided along Town Centre Drive and Duckwood Drive for screening. The development will be required to direct its surface water runoff to a new pond (Pond JP-66.1) that will be constructed in the southeast corner of proposed Lot 1, Block 1. The preliminary grading plan shows storm sewer to drain the parking lot areas of Lot 1 to this new pond. A storm sewer outlet for the pond shall be provided to Pond JP-66 which is shown on the City's Stormwater Management Plan. The storm sewer for this development shall be sized to include the future parking lot for proposed Outlot A to the north and to the east of this development. The surface water runoff from Outlot A shall also drain to the new pond in the southeast corner of Lot 1 when Outlot A is developed. The grading plan for the pond construction shall include a 20 foot setback when the ponds are adjacent to public right-of-way. The 20 foot setback will provide an area for berming and landscaping and a safety zone for the sidewalk along the pond. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. WATER QUALITY: The proposed 29 acre commercial development drains to Pond JP-66, a .2 acre basin constructed for storm water flood control and sediment retention purposes. • Pond JP-66 discharges to a storm sewer which empties directly into Fish Lake. Fish Lake is identified as a Class I water body (Direct Contact Recreation) and is among the City's top priorities for water quality management. The results of discussions with the developer's consultant,field review and technical analysis indicate that a two-cell pond discharging to Pond JP-66 is necessary to adequately protect water quality in Fish Lake from the impacts of development on the first platted lot of 13.3 acres. The bottom elevation and normal water elevation in both cells shall be 875 feet and 881 feet, respectively. The first (most upstream) cell shall have areas at the bottom and normal water level of.11 and .26 acres, respectively, and a wet pond volume of 1.13 acre- feet. The second cell will be slightly larger, with surface areas at the bottom and normal water level of .16 and .33 acres, respectively, and a wet pond volume of 1.44 acre-feet. Upon development of the remaining Outlot A, JP-66 must be modified and enlarged to create an additional two-cell treatment pond. At the normal water elevation of 872, the area and wet pond volume of each of the two cells will be 3 acres and 1.25 acre-feet. UTILITIES: Sanitary sewer of sufficient size,capacity and depth have been provided to this development along Town Centre Drive and Duckwood Drive. The preliminary utility plan shows connection to the sanitary sewer system along Duckwood Drive on the east side of Lot 1. The proposed 8" sanitary sewer line shall be designed to serve Outlot A also. The proposed 8" sanitary sewer shall be connected to the existing 8"sanitary sewer in Duckwood • Drive which will require open cutting of the street. Water main of sufficient size, pressure and capacity is available to serve this development from the existing 24"water main in Duckwood Drive and the existing 8"water main in Town Centre Drive. The preliminary utility plan shows a connection to an existing 6" water main stub with an 8" water main along the east line of Lot 1 to serve the proposed development and Outlot A. Staff recommends an additional hydrant for fire protection he added to the parking lot in the southwest corner of Lot 1. The hydrant could connect to an existing 6" stub off Duckwood Drive. Also, an additional hydrant shall be added along the proposed 8" water main on the east side of Lot 1. STREETS/ACCESS/CIRCULATION: Public street access to the site is available from Duckwood Drive to the south and Town Centre Drive to the west. The preliminary site plan shows two access points to Duckwood Drive and one access point to Town Centre Drive. In addition, an access is proposed to the north to the private driveway that runs along the north line of Outlot A. City staff recommends that the driveway to the north shall line up with the existing driveway that runs along the west side of the restaurant in the existing Town Centre shopping development. In addition, the easterly connection to Duckwood Drive shall he constructed opposite the entrance to the Hardware Store and the access to Town Centre Drive shall he constructed opposite the entrance to the car wash. The design of the parking lot shall he constructed with poured-in-place concrete curb and gutter around all outside edges of the parking lot. Also the islands shall be constructed with poured-in-place concrete curb and gutter. Concrete valley gutters will be required at intersections where the driveway openings connect to the City streets. The development will be responsible for removing the existing driveway opening off • Duckwood Drive that will not he utilized. The development shall provide new B6-18 concrete curb and gutter through this old driveway opening, revise the catch basin layout and construct 5. concrete walk through the old driveway opening. STREETLIGHTING: The City of Eagan will require that the existing continuous street lighting standard he maintained for Town Centre Drive and Duckwood Drive. Based upon the plans that have been submitted, the proposed streetlight located at the southeast corner of the project and just west of the easterly roadway entrance off of Duckwood Drive may have to he moved. Any street light relocations will be at the developer's expense and shall he reviewed by the City. EASEMENTS/RIGHT-OF-WAY/PERMITS: Drainage and utility easements for the proposed pond in the southeast corner of Lot 1 shall be dedicated to the high water level of this pond as a part of the plat. Also, drainage and utility easements shall be dedicated over the public sanitary sewer,water main and storm sewer utilities that will be required to serve both Lot 1 and Outlot A. No additional right-of-way on the existing streets is required of this development. The development will he responsible for ensuring that all regulatory agency permits(MPCA, MN Dept of Health, MWCC, Corp of Engineers, MN DNR, etc., are obtained prior to final plat approval. • � � 3 FINANCIAL OBLIGATION - Town Centre 70th 11th Addition • Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Water Availability Charge C/I $2420/A 4.22A Laza • • - ENGINEERS I ARCHITECTS I PLANNERS 3535 VADNAIS CENTER DRIVE,ST PAUL,MINNESOTA 55110 612 490.2000 111 May 21, 1991 RE: EAGAN, MINNESOTA PROPOSED WALMART DEVELOPMENT NORTHEAST CORNER TOWN CENTRE DRIVE AND DUCKWOOD DRIVE SEH FILE NO: Shannon Tyree, Project Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Shannon: Thank you for the opportunity to provide additional site plan review services to the City of Eagan. As you requested we have completed our review of the proposed WalMart development at the northeast corner of Town Centre Drive and Duckwood Drive in Eagan. According to the site plan, the site consists of a• 114, 066 square foot phase 1 building with a 30,400 square foot expansion. In addition, another future building measuring approximately 72, 800 square feet is shown on the north side of the WalMart building. Our site plan review focused on the location and design of the proposed driveways and the on-site circulation and parking. DRIVEWAY LOCATION AND DESIGN According to the site plan, it appears that the northerly access from Town Centre Drive and east-west drive aisle behind Town Centre will be shared between Town Centre and WalMart. If this is so, the existing design of the driveway both in terms of capacity and interface with the existing parking area should be reviewed to determine the impact of additional traffic volumes. This southerly driveway to Town Centre .Drive is located approximately 610 feet north of Duckwood Drive. It aligns with an existing access across the street. Although the location of the driveway does not appear to be a problem, the design is of major concern. The length of the driveway throat is extremely short (approximately 40 to 45 feet) . Anything greater than two vehicles stacking in the outbound lanes of this driveway will block on-site drive aisles and parking areas. This will result • SHORT ELUO'r ST PAUL, CHIPPEWA FALLS, HENDRICKSON INC MINNESOTA WISCONSIN Shannon Tyree May 21, 1991 Page 2 in both on-site and off-site problems, as inbound traffic from Town Centre Drive will be unable to proceed in their desired direction, blocking the driveway for other inbound traffic. Two outbound lanes and one inbound lane should be adequate, however, the driveway throat should be considerably longer; such as approximately 100 feet in length before splitting off onto on-site drive aisles and parking areas. In addition, the width of the driveway appears inadequate. We suggest a minimum width of 44 feet which would include an 18 foot inbound lane, a 12 foot outbound left turn lane and a 14 foot outbound right turn lain. Although the Duckwood Drive access is a considerable improvement over the southerly Town Centre Drive access, similar concerns surface with regard to this access point. The number of lanes proposed are expected to be adequate, however, the lane widths should be increased. Also, the length of the outbound right turn lane is too short and should be extended to at least 100 feet. A traffic impact study may be needed to further define the necessary capacity in the driveways. The truck access on Duckwood Drive appears to be very adequate for over-the-road semi-truck maneuverability. ON-SITE CIRCULATION AND PARKING AREA As previously stated, it appears that the north end of this project is to be connected with the south end of the Town Centre Drive project by way of the drive aisle in front of the future building. As currently shown on the site plan, this driveway intersects with the east-west access road at approximately a 60 degree angle. Since the two sites will experience a significant amount of dual purpose or crossover traffic via this route, the drive aisle should intersect with the east-west access road at a 90 degree angle. Two concerns have been noted with regard to the drive aisle directly in front of the buildings. First, the drive aisle has a severe angle in it approximately 275 feet north of Duckwood Drive. Over the course of approximately 50 feet, the alignment of the entire drive aisle shifts to the west approximately 25 feet. This is roughly a 2:1 transition from one alignment to the other. We recommend that this harsh taper be smoothed out either through the use of a 5:1 taper or a gradual curve. Also the drive aisle in front of the buildings changes from 30 feet to 25 feet between phase 1 and the future phase. This 5 foot difference is not transitioned or tapered into the design of the drive aisle. It is simply shown as a 5 foot jog in the easterly curb of the drive aisle at this time. We strongly recommend that this be corrected through the use of a taper. k.Lk Shannon Tyree May 21, 1991 Page 3 The majority of the rows of parking on the site are roughly 600 feet in length. We suggest that an opening be placed approximately half way down these rows of parking spaces to take some of the on-site circulation load off the aisle adjacent to the building. These extremely long rows of parking spaces are very inconvenient for drivers who wish to circulate back to an open space closer to the building. Driver frustration due to these extremely long rows of parking is likely to result in a higher speed of traffic through the parking area. A 144, 500 square foot WalMart has the potential to generate approximately 10, 350 trips per day (830 during the p.m. peak hour) . This does not include trip generation for the future building. Therefore, it is very likely that the project will have an impact to both Town Centre Drive and Duckwood Drive, as well as Pilot Knob Road, Yankee Doodle Road and the I-35E interchange ramps. The impact to Duckwood Drive and Town Centre Drive may potentially result in the need for separate left and right turn lanes. For example, the volume of eastbound left turns from Duckwood Drive into the site may significantly reduce the ability of the roadway to handle eastbound through traffic unless a separate left turn lane is provided. In addition, a right turn lane may be needed on northbound Town Centre Drive at the project access point. A more detailed traffic impact study would be needed to make this determination. Please do not hesitate to contact me if you have any questions regarding the comments and suggestions in this letter. Sincerely, sgzscV- Cindy G ay, Transportation Planner CRG/cih • S C%7 TOWN CENTRE 70 11TH ADDITION CONDITIONS: • 1) These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, Bi, B2, B4, Cl, C2, C4, D1, El, Fl, G1, H1 2) The surface water runoff from proposed Lot 1, Block 1, and Outlot A, shall be directed to a new pond (Pond JP-66.1) to be constructed in the southeast corner of said Lot 1. 3) A storm sewer outlet for Pond JP-66.1 to drain to Pond JP-66 shall be provided by this development. 4) The proposed 8"sanitary sewer that will serve proposed Lot 1, Block 1, and Outlot A, shall be connected to the existing 8" sanitary sewer in Duckwood Drive. 5) An additional 6" water main and hydrants shall be provided by this development to ensure adequate fire protection. 6) Concrete valley gutters will be required at all intersections where the driveway openings connect to the City streets. 7) The development shall provide a two-cell pond designated as Pond JP-66.1 to meet the storm water ponding and water quality requirements for proposed Lot 1, Block 1, and Outlot A. 8) The development is responsible for removing the existing driveway entrance from Duckwood Drive which the proposal is not utilizing and replacing in accordance with City standards. 9) The storm sewer for Lot 1 shall be sized to include the future development proposed for Outlot A. 10) The grading plan for the pond construction shall include a 20' setback when the ponds are adjacent to public right-of-way. 11) The continuous street lighting standard shall be maintained for Town Centre Drive and Duckwood Drive. 12) Drainage and utility easements for the proposed pond (Pond JP-66.1) in the southeast corner of Lot 1 shall be dedicated to the high water level of this pond. • 13) Drainage and utility easements shall be dedicated over the public sanitary sewer, water main, and storm sewer utilities that will be required to serve both Lot 1 and Outlot A. 14) All shopping carts shall be stored within the building. 15) The site shall be irrigated. 16) All signage shall meet the Town Centre Pylon Sign Agreement. 17) All rooftop mechanical equipment shall be screened. 18) A large enough space shall be made available for all trash and recycling containers. 19) Berming is required along Town Centre Drive and Duckwood Drive. 20) A north/south drive aisle shall be provided near the center of the proposed parking lot. 21) Additional landscape islands shall be provided along with those for the north/south drive aisle. 22) Cross ingress/egress easements and cross parking easements shall be provided. 23) The building shall be constructed of brick on all four sides. The truck loading screening shall be constructed of the same material as the building. 24) The outdoor storage area shall have a wrought iron fence. • STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. 7asements and Rights-of-Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2 . This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 3 . This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate • jurisdictional agency. 4 . This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1 . All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2 . A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. \:).:(1) STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4 . A detailed landscape plan shall be submitted on the • proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval. E. Permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency.. F. Parks and Trails Dedication 1. This development shall fulfill its parks dedication • requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Water Ouality Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City's Water Quality Management Plan. H. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 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(I ■ 1 11 \ ff+ t `/.: // . j ..\ ` • it c 1, , ..,, , , „,„, ,„, , :.,..• . .... . , ,. i,‘,,, k, . , 1 , . .,,,, ... 7 . . . , , .. , ,, ,..., ::......:_; , , ill , , , .y ' ` "ice%;, • t 1• v,,,,1740" -\,s ,:t .-_-., ..'1 , .... //.il 5,v.:;, '.1. 1 .1 .-,',..:: ii ---- ia.1i '1 1 f i --._:,-7. , jj / I' --7 , : tT�J� ` — �e� t I I /` — ! . ,,.J— � - �+� —..R�;{.1itm•-; . _ .•'f ��J"T.`=` rya =lard!. g= . r • �_�.�.�i�- .___... 1' _ _ _ _ _ '�• -M! is • 'w� - ..Y•� - - T. r�■ ._ - ---�.. .�—'� j .-- ._— . I'r FINANCIAL OBLIGATION Itl 1.01- el 0 WATER AVA CHARGE gy TOWN CE•eu:J now.w: • . ADDITION r 4 SIIM =IK °0 CM MEATS-SEAFOOD ©© 1320 DUCKWOOD DRIVE.EAGAN.MINNESOTA 55123 (612)452-8660 To: Mayor and City Council City of Eagan. MN Subject : Federal Land Co. development Town Centre In review of the proposed development on Duckwood Drive in Eagan there are several things that concern us as neighboring businesses. I . The drawing that we recieved shows the proposed building facing West instead of facing Duckwood Drive to the South. This looks unusual without seeing any proposed future development . 2.. The proposed building shows a dock area facing Duckwood Drive directly aaccross the street from our businesses ( Simek's Meat & Hardware Hank ) . This is very unusual in a well planed shopping area. 3. The proposed entrance to this project is not directly accross fvvman entrance on the South side of Duckwood Drive. We feel that the access must be directly accross from an access on the developed South side of Duckwood Dr. with a stop sign on Duckwood at that intersection. Presently it is difficult to make a left turn out of any of the exits on the South side of this street . with increased traffic it would become impossible at times and increasingly dangerious. Thank You for your consideration. Gerald L. Braun LeRoy Rother ) R & B Investors 1320 Duckwood Drive Eagan. MN 55123 • \Q)Q Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES MAY 28 , 1991 4. Raised medians 5. Oak trees All present voted in favor. MINUTES April 23, 1991. Trygg moved, Hoeft seconded, the motion to approve the April 23 , 1991 Advisory Planning Commission minutes as presented. All voted in favor. TOWN CENTRE 70 11TH ADDITION Chairman Voracek opened the last public hearing of the hearing regarding a Preliminary Plat for one lot of 14 acres (609,946 sq. ft. ) for a retail store and one Outlot of approximately 15.25 acres (664, 498 sq. ft. ) for future retail and a Conditional Use Permit for one lot for outdoor sales and display. City Planner Jim Sturm presented a brief background of this project. City staff asked the applicant to turn the building to face 0 south instead of west, but the applicant stated that could not be done. He also stated that a traffic study was done on this area. Charles Bartholdi, representative of the applicant, stated that this development was smaller than anticipated and that this project would provide new jobs and a wider tax base for the City. Greg Franke, representative of the applicant, stated that they did not approve of condition #20 regarding a north/south drive aisle near the center of the parking lot. They proposed as an alternate speed bumps. Also, condition #23 regarding all 4 sides of the building to be brick, they would like the side that connects up to the future building to be standard block. Patricia Johnson of 1687 Hickory Hills Drive commented on the access to the north. Another citizen wanted to see the building turned to the south. Martin Colon, representative of the applicant, answered that the applicant wanted to face the Pilot Knob - Yankee Doodle intersection. They would not accept anything else. Cindy Gray, a transportation planner for SEH, reviewed the letter she wrote to the City regarding traffic study analysis issues in the proposed site plan. A discussion occurred regarding traffic and parking issues. V2-) 0 Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES MAY 28, 1991 Commission Member Miller requested that they restrict the Conditional Use Permit to outdoor sale of only "garden" items. A discussion took place regarding the external material of the building. Mr. Franke stated that they would put split-based concrete block on three sides of the building, and the fourth side that will connect with the potential "future" building would consist of smooth concrete block. City Planner Jim Sturm replied that the applicant throughout the process represented that the building would have brick on all four sides. Mr. Colon requested that the Commission either approve or deny the application. Graves moved, Hoeft seconded, motion to approve a Preliminary Plat for one lot of 14 acres for a retail store and one Outlot of approximately 15. 25 acres for future retail subject to stated 24 conditions plus the following: 25. The driveway is required to be smoothed out with a longer taper. 26. The drive aisle in front of the future building shall line-up with the driveway for Dougherty's at a 90 degree angle. 27. The color of the building will match or be complimentary to the strip mall to the north. 28. Any future building shall be made with the same material with a 20 foot setback and shall adjoin to the proposed building. 29. The width of the driveway shall be 44 feet and the throat length shall be 100 feet. Graves, Hoeft and Merkley voted in favor; Miller, Voracek, Trygg and Staeheli voted against. Motion failed 4-3. Trygg moved, Staeheli seconded, motion to approve a Preliminary Plat for one lot of 14 acres for a retail store and one Outlot of approximately 15.25 acres for future retail subject to the conditions in Commission Member Graves motion except conditions #20 and #23. Trygg, Staeheli and Merkley voted in favor; Hoeft, Graves, Miller • and Voracek voted against. Motion failed 4-3. • • 3/1"' Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES i MAY 28 , 1991 Graves moved, Trygg seconded, motion to approve a Preliminary Plat for one lot of 14 acres for a retail store and one Outlot of approximately 15.25 acres for future retail 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, B1, B2 , B4 , Cl, C2, C4, D1, El, Fl, Gi, H1 2 . The surface water runoff from proposed Lot 1, Block 1, and Outlot A, shall be directed to a new pond (Pond JP-66. 1) to be constructed in the southeast corner of said Lot 1. 3 . A storm sewer outlet for Pond JP-66. 1 to drain to Pond JP-66 shall be provided by this development. 4 . The proposed 8" sanitary sewer that will serve proposed Lot 1, Block 1, and Outlot A, shall be connected to the existing 8" sanitary sewer in Duckwood Drive. 5. An additional 6" water main and hydrants shall be provided by this development to ensure adequate fire protection. 6. Concrete valley gutters will be required at all intersections where the driveway openings connect to the City streets. 7 . The development shall provide a two-cell pond designated as Pond JP-66. 1 to meet the storm water ponding and water quality requirements for proposed Lot 1, Block 1, and Outlot A. 8. The development is responsible for removing the existing driveway entrance from Duckwood Drive which the proposal is not utilizing and replacing in accordance with City standards. 9. The storm sewer for Lot 1 shall be sized to include the future development proposed for Outlot A. 10. The grading plan for the pond construction shall include a 20' setback when the ponds are adjacent to public right-of-way. 11. The continuous street lighting standard shall be maintained • for Town Centre Drive and Duckwood Drive. `r)13 Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES MAY 28, 1991 12. Drainage and utility easements for the proposed pond (Pond JP-66. 1) in the southeast corner of Lot 1 shall be dedicated to the high water level of this pond. 13 . Drainage and utility easements shall be dedicated over the public sanitary sewer, water main, and storm sewer utilities that will be required to serve both Lot 1 and Outlot A. 14 . All shopping carts shall be stored within the building. 15. The site shall be irrigated. 16. All signage shall meet the Town Centre Pylon Sign Agreement. 17 . All rooftop mechanical equipment shall be screened. 18 . A large enough space shall be made available for all trash and recycling containers. 19. Berming is required along Town Centre Drive and Duckwood Drive. 20. A north/south aisle shall be provided near the center of the proposed parking lot. 21. Additional landscape islands shall be provided along with those for the north/south drive aisle. 22 . Cross ingress/egress easements and cross parking easements shall be provided. 23 . The building shall be constructed of brick on all four sides. The truck loading screening shall be constructed of the same material as the building. 24 . The outdoor storage area shall have a wrought iron fence. 25. The driveway is required to be smoothed out with a longer taper. 26. The drive aisle in front of the future building shall line-up with the driveway for Dougherty's at a 90 degree angle. 27. The color of the building will match or be complimentary to the strip mall to the north. 28. Any future building shall be made with the same material with a 20 foot setback and shall adjoin to the proposed building. V3-4' Page 11/EAGAN ADVISORY PLANNING COMMISSION MINUTES MAY 28 , 1991 29. The width of the driveway shall be 44 feet and the throat length shall be 100 feet. All voted in favor except Miller and Voracek who voted against. Motion approved 5-2. Miller moved, Hoeft seconded motion to approve a Conditional Use Permit for one lot for outdoor sales and display subject to the following condition: 1. This outdoor sale and display shall be restricted to garden . items only. ,� All voted in favor except Voracek who voted against. I COMMISSION DISCUSSION Commission Member Hoeft wanted it noted to City staff that the two-cell pond located at the SW intersection of Duckwood Drive and Denmark Avenue has a very hazardous steep bank and he feels that the pond should be enclosed for safety reasons. Commission Member Miller concurred with Hoeft. ADJOURNMENT Miller moved, Merkley seconded, the motion to adjourn the May 28, 1991 Advisory Planning Commission meeting at 11:30 p.m. All voted in favor. Secretary - Eagan Advisory Planning Commission (').Y57 • MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR O., FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: JUNE 13, 1991 RE: TOWN CENTRE 70 11TH ADDITION EAGAN TOWER OFFICE BUILDING PARTNERSHIP The Advisory Parks, Recreation and Natural Resources Commission reviewed the above referenced proposal at their June 6, 1991 meeting and made the following recommendations: A. That this proposal be subject to a cash parks dedication. B. That this proposal be subject to a cash trailway dedication. • KV:cm cc: Ed Kirscht, Engineering Technician Marilyn Wucherpfennig, Planning Aide • \3* MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JIM STURM, CITY PLANNER DATE: JUNE 12, 1991 RE: TOWN CENTRE 70 11Th ADDITION At the May 28 Advisory Planning Commission meeting, the Town Centre 70 11th Addition consisting of one 14-acre lot for a WalMart store and a 15-acre Outlot for future development was approved after two failed motions. The failures were based on Commission division over which conditions of the staff report should remain, and which additional conditions should be placed on the project. There was approximately three hours of discussion; the main issues dealt with: 1) orientation of the building, 2) a drive lane through the large parking lot, 3) the building exterior and, 4) the storage of shopping carts. Orientation of the building - As you can see from the site plan, the building is near the southern portion of the site, with the front facing Town Centre Drive, and the loading dock facing Duckwood Drive. During the review process, staff suggested moving the building to the north, near the existing strip center, with the front facing Duckwood Drive. One • common delivery/service area could then service both buildings. The applicant stated this is not acceptable to WalMart personnel. As the Commission debated this issue, it lead into the site circulation issues. Circulation - Cindy Gray of SEH was there to answer traffic study questions. One recommendation was to have an uninterrupted north/south drive lane in the center of the parking lot. The parking lot is over 600' wide from the front of the building toward Town Centre Drive. The drive aisle could be delineated by large landscape islands that would also visually break up the large expanse of asphalt. By comparison, the Rainbow Foods lot is approximately 400' deep at its greatest point and the Target lot is approximately 300'. The applicants felt the drive lane would create more intersections conflicting with pedestrian movements and asked that speed bumps be an alternative as a way of slowing traffic in the parking lot. There was no clear consensus by the Commission on this item. Other on-site circulation issues were agreed to by the applicants. Building exterior-The applicant objected to the condition in the staff report calling for brick on all four sides of the building. They would like to propose a split face concrete block on three sides, with the north side being a smooth concrete block, in the event that another store was constructed immediately to the north and attached to the WalMart building. That lead to discussion as to whether the property line should be shifted to the north to meet setback requirements. This area is not in a Planned Development and any representation of the northern building is conceptual only. The City would not have the ability to require l3 that a future building on the Outlot be placed in the proposed location. The lot line could • be shifted with the Final Plat submission so the buildings meet Code requirements, or as discussed at the meeting, an agreement could be entered into with Federal Land Company, and recorded with the County, stating that if the future building is not attached, it would be at least 20' from the proposed WalMart building. At the first meeting I had with the applicants, I asked them if the building would be brick and the applicant replied "yes". The g PP P �' night of the APC meeting was the first time I was informed otherwise; they felt they never represented any exterior building materials to staff at our meetings. The Commission didn't fully agree on the brick exterior requirement, noting that there are other buildings in the area constructed of split face block. Shopping cart storage - A condition in the staff report required that all shopping carts be stored in the building. This does not appear to be a concern to the WalMart staff at this time. Since the meeting, I have had discussions with them, noting that the City required the same condition on the Rainbow Foods and Target Stores. The third motion to approve the Preliminary Plat was approved subject to the 24 conditions in the staff report and five additional ones: 25. The driveway is required to be made smoother, with a longer taper. 26. The drive aisle in front of the future building shall line up with the driveway for Doherty's Restaurant at a 90° angle. 27. The color of the building will match, or be complimentary to, the strip mall to the north. 28. Any future building shall be made with the same material, with a 20' setback on the WalMart building side, or shall adjoin the proposed building (WalMart). 29. The width of the driveway shall be 44' and the throat length shall be 100'. A separate motion to approve the Conditional Use Permit was approved 6/1 with an additional condition stating: The outdoor sales and display area shall be restricted to garden items only. The Conditional Use Permit should be recorded with the Final Plat documents. If you would like additional information on this item, please contact me. 1:1 City Planner JS/js MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JIM STURM, CITY PLANNER DATE: JUNE 13, 1991 RE: TOWN CENTRE 70 11TH ADDITION On June 12 Dale and I met with the applicants of the Town Centre 70 11th Addition to review and resolve certain concerns expressed by the Advisory Planning Commission. Building exterior - The building exterior will still be proposed as a split face block. We asked that the color be determined, as well as the canopy color, prior to the Council meeting. A colored rendering, and/or building samples, will be brought to the meeting. Shopping carts - All will be stored in the building at night. Some may be in front of the building during collection periods only. North/south drive aisle - There was no resolution to this issue. The City's traffic consultant • and the applicant both have some valid reasons for their opinions. Three additional 20'wide landscape islands will be added in that area to help visually break up the area and hopefully, slow traffic in those long parking lanes. Outlot development - If the Council approves the plat and current site plan, the applicants and City staff could prepare a recordable document that would require the building to the north, and parking lot, to be constructed in a way compatible with the WalMart building. This would be done if directed by the Council and recorded with the Final Plat. If you would like additional information on this proposal, please contact me. City Planner JS/js CC: Dale Runkle, Community Development Director \'')c\ • i MINUTES OF A REGULAR MEETING OF THE ::::EAGAN,CITY COUNCIL Eagan,Minnesota •...•.. June 4, 1991 A regular meeting of the Eagan hè14Tuesday,June 4,1991,at the Eagan Municipal Center. Present were Mayor Egan andSouncilmembers Wachter, Gustafson, McCrea, and Pawlenty. Also present were City Administrator HedgeS;4ommunity Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney lames Sheldon. Wank Item B,Consent Agenda,Amendments,Municipal Codifiers,1991 City code. City Administrator Hedges said staff would recommend that Ordinaii*Amendrients 104 and 105,dealing with Delinquent Escrow Accounts be deleted from the codification for fur*study. Item B, Public Hearings, Final AS4,5sipeni:Hearing,Johnny Cake Ridge Road - Streets and Utilities. Request to continue will be for the July:.;:19g.i.W...i.4040:00......C.4.iuncil meeting rather than the June 18, 1991, meeting as stated in the packet. Councilmember Gustafson asked that Items C, IC, and.0 of the May 23, 1991, Consent Agenda be clarified to include the words, "be approved." ••... •.- On Page 7, Sign Ordinance item, the be reflected as "Aye: 4 Nay 0 Abstain: 1 (Pawlenty)." • Gustafson moved,Wachter seconded,a iiiiiiti**•:approye the minutes of the May 23,1991,regular City Council meeting. Aye: 5 Nay 0 • aliWRIXMENINV: A. Personnel Items 1. It was recommended that the hiriFig:•.of Paul.82Airek:as a Seasonal Park Maintenance Worker be ratified. 2. It was recommended that ffie'resignaiiiiii of Marlene Adam be accepted with regret effective September 30, 1991, and that hiring pro0C14res for s.epiacement be authorized. B. Amendement.Municipal CodifiA591:titfai : It was recommended that the adoption and codification of 12 ordinances be approved as presented and that Ordinance Amendments 104 and 105 dealing with Delinquent Escrow Accounts be removed for further study. C Contract 91-04. Receive Bids/..* id Contract'(OMO of Bridgewater 2nd Addition) It was recommended that the bids for Contract 91-04,gOks of Bridgewater 2nd Addition-Streets and Utilities,be received and consideration 4.4e.eoAtra5.."..wao..1.***ontinued until final plat. t Page 2/EAGAN CITY COUNCIL MINUTES June 4, 1991 ......... • :•:.:•:•: D. Contract 91-07.Approve PfiiiiS/Authorize Ad for Bids (1991 Sealcoating) It was recommended that the riliiSit;ii:6iitiii4.0:t-47,:1991 Sealcoating,be approved and a bid opening advertised for 10:30 a.m., on Friday, 1991. E. Project 543R.Receive Finai'Aisessment RoUJOrder Public Hearing(Skyline Road) It was recommended that the final assessment roll for Project 543R,Skyline Road-Streets and Utilities, be received and the public hearing scheduled to be held July 2, 1991. •:•:::•: F. Project 60L Receive Feasib ility Ren /Order Public Hearing (Lexington Avenue/Lone Oak - Intersection Reconstruction & Signaliza*) •.• :•:•:.: :•:•:•:• .•.•.•. ........ It was recommended that the fibilityrepcit for Project 601, Lexington Avenue/Lone Oak Road - Intersection Reconstruction & Signalization be received G. Project 603. Receive Feasibility Report/Order Public Hearing (Wilderness Run Road Reconstruction) It was recommended that the feasibility report for Project 603(Wilderness Run Road-Reconstruction) be received and a public hearing scheduled to be held July..21:001. H. Cost Participation Agreement #300:*:Sig01 Agreement #91-08 (Diffley Road & Nicols Road Intersection Reconstruction & *.• It was recommended that County Ciiiii:Pir#409.n.Agreement#30-07 and Signal Agreement #91-08 (Difiley Road and Nicols Road-Intersection Reconiiiiietioi *OSignalization)be approved and the Mayor and City Clerk authorized to execute all related documents. I. Waiver of Plat. Duplex Lot Split.Mark Calvin Construction. for Individual Ownership. Located on Lot 3. Block 1. Oakwood Heights 2nd Addition It was recommended that the waiver:4:.plat/duplex.:k4 split for Mark Calvin on Lot 3, Block 1, Oakwood Heights 2nd Addition be approv4:::.:*::;1;:.;..:ii:... J. Vacate Various Drainage&Ui&y Easements.Receive Petition/Order Public Hearing(Whispering Woods 6th Addition ::.:-:•:. .•.•...• .•.•.•.•. .-.•.•.• It was recommended that the 04410:::0:::***0::).44iOus drainage and utility easements with the Whispering Woods 6th Addition be received and a public hearing scheduled to be held July 2, 1991. 1410. .114144 SPECIAL.C.J'IT.:LVLi.KIL MEETING City Administrator Hedges discussed iiie Omnibus.114:.#ill with the City Council and suggested a work session prior to the June 18 regular City meeting in ciair to amend the 1991 budget ....... Gustafson moved,Pawlenty seco*d a motion to boict*Oecial City Council work session to begin at 5:00 p.m. on June 18, 1991 prior to the 4.10.*PiOr444.**.i?.ing Aye: 5 Nay. 0 Page 3/EAGAN CITY COUNCIL MINUTES June 4, 1991 .•...•.•. .P3149: 1'HF:144X:. & UTILITIES Pawlenty moved, Gustafson iided-• a motion to close the public hearing and approve Project 613 (Willbrook Addition - Streets & Utilities). Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/PROJECT 524 JOHNNY CABWRIDGE ROAD-STREETS & UTILITIES .•.•.•. Wachter moved, McCrea seconded a motion to set the public hearing for July 2, 1991 to consider the final assessment roll for Project 524(JoIinny Cake)gidge Road - Streets& Utilities). Aye: 5 Nay 0 FINAL ASgat.4007:00.ING/PROJECT 578 • SIBLEY TERMINALII4DUSTILIAi.;:tKIK-STORM SEWER After brief introductions by Mayor Egan and City Administrator Hedges, Director of Public Works Colbert explained Project 578 and its location. . He said two letters of objection had been received and recommended that the final assessment roll be adopted as presented and objections addressed through the appeals process. Mr.Tarell Friedley, an attorney.for.:4010*:EtOtion Company, presented that company's objections to assessments against Parcels #10-68001B.:62 and #1068050-020-02. He said the previous sewer system adequately served the properties and costs.ussOCiated with the project were substantially more than the benefit received. Mr. Friedley said that at least part of the;:***.should have been funded through the normal maintenance and repair of the system. He asked that ilies:*4intent roll not be approved,that it be sent back to City staff with specific instructions to re-evaluate the proji:i:;:that a portion of the funds for the project be allocated from the general appropriations of the City,and that the assessment formula be redetermined. He said $9,000 per acre was not a fair system for all parcels in the arca. The City Council then discussed the appropriate process for objecting to assessments Mr.John Wesley, also representing Holman Erection Companytfurther outlined:their objections to the assessments and added that they would prefer to avoid the legal proces Mr. Robert Rosenberg representing property owner Mr. William Lahr, said Project 578 should be further studied and indicated that it would Provide#51p or no benefit to the Lahr property. .••••••••• Mayor Egan asked the Director:it tiiIiik•WO.r.1,11*. itO:OtPLain the cost differences between those quoted in the feasibility report and the final cost of the project.••Mr. Colbert said no cost estimates for easement acquisition had been included with the feasibility report and the easements were a substantial portion of the project. McCrea moved,Wachter seconded a motion to close the public hearing and approve the final assessment roll for Project 578,Sibley Terminal Industrinl..PAyki;:$4.0,:§ewer,noting the receipt of two written objections. Aye: 5 Nay: 0 • • Page 4/EAGAN CITY COUNCIL MINUTES June 4, 1991 ••••••- -•:-:•:•. •.•:•:•:•: RESTAITION/TRANSFER OF TITLE ROYAL 4:114 CIRCLE APARTMENT PROJECT Pawlenty moved, McCrea seconded a motion to continue the resolution authorizing the execution of certain documents in connection with the foreclosure of and transfer of title to the Royal Oak Circle Apartments Project to the June 18, 1991 regular City Council meeting. Aye: 5 Nay: 0 •:•:•:•: PRELIMINARY PLATMRRVIEW POND ADDITION .•.•.•. :•:•:•:. -:•:•:-. ••:• Mayor Egan introduced this itetiii.:as a Preliary Plat for Burrview Pond Addition,Sander&Co.,Inc., Consisting of 132 Apartment Units on Approximately 1:33 Previously Zoned R-4(Multiple Acres)Located Along the South Side of Highway 55 in the NoriheaSiOni0iii.::$$4tii*U. City Administrator Hedges described the background of the Burrview Pond AdifitiOn'aiia:bliediii-4'Community Development Runkle provided information regarding the location and the scope of the project. Mr.John Bell, representing Klodt, Inc.,outlined previously approved projects for this property noting that the other projects had been at a higher density with greater lot coverage than the plan being proposed. Mr. Bell said the present proposal started with an L-shaped building eontaining 132 units,however,major objections were received at the Advisory Planning CommissiotKine44•:**Mr. Bell said that Klodt, Inc. looked at these objections and presented a revised plan to:tne;:inaffl:::Kti::186ll then went on to describe the objections that had been received to the plan and their atteniiitiiiiiiiitigate those objections. He said one concern of the neighbors was in regard to the City park and childreiventting.throiigh yards in order to access the park. He said their project had contributed $100,000 in park ditikitkiii::anci•any fence being built to keep people from cutting through yards would probably more appropriately iieliiiig:*:;the Park Department. In dosing, he said the property had been purchased as R-4 and the developer had relied on that zoning. Mr. Chuck Ahlberg, of 565 Chapel Lane, expressed concerns regarding the size of the apartment building, the zoning, and its long-term upkeep. Mr.Ahlberg added, however, that if the plan is approved, the neighbors would want to be included in any discussion of amenities. ......:•:•:•:•::::: Mr. Don Chapdelaine, of 575 Chapel Lanç, said among his key concerns were the frontage road and the traffic exiting onto Highway 55. Discussion then ensued regarding:the frontage road and whether or not the frontage road could be designated a one-way as a condition of tl*iiiieliniiinit*tilat..:Director of Public Works Colbert said that MnDOT may have concerns that a one-way frontage*OiaiiiiiiildliiikiSiffic out onto Highway 55. City Attorney Sheldon said making the frontage road a one-way could be a condition of approval,however,such a condition would have to have a reasonable basis of support. If MnDOT determined that the road should have a different configuration, he noted it would be difficult for the City to enforce such a condition. • Director of Public Works Colbert said.***:. nnt frontage road is under-designed for any increase in traffic. He said if the frontage road necessary to add additional right-of-way. He said MnDOT has limited funds for such iniii.4•Vements and iii4d likely defer these costs to the City. The City in turn would then have to special assestigndjacent propertieii:: •:-:•:. Mr. David Manninen, of 624 Sagirircle,said Ine.cliieltiper of the Burrview Pond Addition did not retain interest in these apartment projectii*:***E.:44**i*-.sold them. He expressed concerns regarding sprinkler systems and cited the fire on Ccinduh. Ródas aii example of where sprinkling in the ceilings would • ■ Page 5/EAGAN CITY COUNCIL MINUTES June 4, 1991 not help extinguish a fire that had spread across the roof lines. Mr.Paul Klodt,of Klodt,Inc.,said he has been involved in property development for many:year ::and:.h:}fit 7,000-8,000 units in the Twin Cities, some of which have been sold and some he still of ns;::He:alati:p iiiiti Out that changes in the law regarding sprinkler systems would add protection to the roof.... Ms. Dawn Schaaf, of 646 Rita CoUrt, expressed concerns about traffic and safety. Mr. Bill Baumann, of 3245 Highway 55,suggested the plan not be approved until the Highway Department and the developer came up with an acceptable plan regarding the frontage road. Ms. Gail Ahlberg, of 565 Chapel Lane, asked if the developer was ready to put in writing the view of the apartment building they would see from their back door. Mr. Bell said they are using the best data.available. He said these computer generated pictures represent an eye level perspective from the back of:this: homes:.:::Ms Ahlberg said their home would receive the greatest impact and their property value would suffer with tie:view of the apartment building from their back door. Mr. Fred Cook, of 3265 Highway 55, said if the frontage road were widened, it would require condemnation of adjacent property to dt*.:SO.:::;flerS44::Oki0clitielnal ten feet for road right-of-way would put everyone along the frontage road into the:setbackaiea:?:Hesiid:ifthis apartment complex is approved,it should have its own access. Mr. Don Tietjen,of 555 Chapel Lane,asked how many negatives his neighborhood has to put up with. He said in addition to this apartment complex,the neighbors have to deal with Gopher Smelting, a gravel recycling business,a concrete recycling business,and airplane noise. Ms.Sharon Manninen,of 624 Sally Circle,said this development is too dense and it would have a very detrimental affect on their neighborhood and its property values. Mayor Egan then closed the discussion t#.:public comment and returned it to the City Council for discussion. The City Council discussed the issite:tiftlie'frontage:road and whether or not the preliminary plat should be approved with the upgrade of the frontage.road as a condition of its approval or whether the item should be continued pending a report from MnDOT. It was:iietettained that the frontage road and its access onto Highway 55 would be pivotal issues in regard to the approval'of the preliminary plat. It was suggested that a resolution be prepared requesting a MnDOT study of the frontage road'aiiai:MnDOT's recommendation for improvement. Director of Public Works Colbert said MnDOT would likely request a traffic generator distribution study in order to review the frontage road. He said such studies cannot be done in-house and require a traffic engineer. He asked if a traffic engineer is necessary to complete this study,who would be responsible for its cost? Mayor Egan said the costs would be directly related to.the.development and should be the responsibility of the development. Mr. Bell said that Ist.fw`:should:: :the information on Highway 55 and Klodt, Inc. would provide studies from a registered::raffc engineaer:regaiding the traffic generation from their property. Mr. Bell went on to add, however, that:it:was his Miiierstancling the Highway Department would not give an analysis until preliminary plat approval was received;.:.Director of Community Development Runkle said he believed this situation was unique and iA!itli a..resolution from the City Council, he believed MnDOT would provide the information. Mr. Bell wished tits:make::tt::cl:@dr, however, that Klodt, Inc. did not want to take property for additional right-of-way and bad no interest iii wjdeniiig the entire frontage road. He said they would be interested in improving only that portion of the road on their property. Mr.Bell then asked if they agreed to a continuance of the preliminary plat to allow MnDOT to study the traffic and road concerns,whether they would have to go back through the same public hearing process. Mayor Egan said all public debate could not be cut off, however, he did not feel it necessary.te. oat:.much of the testimony as the City Council was very familiar with the issues. Mr. Bell said that.:l ::wo d.;agree to a continuance. Wachter moved,McCrea seconddd'iimotion revising tiiiiglition#10 of the preliminary plat as follows: "10. The developer is required to pgrade the existipg frontage road adjacent to the site in accordance with MnDOT requirements and City:staiiidai:•di tti:t i:with staff recommendations regarding the site distances on Highway 55 from the ac ss iriiai;iiri add'ctiiinal residential property for right-of-way shall Page 6/EAGAN CITY COUNCIL MINUTES June 4, 1991 be taken and all required MnDt)T:traffic studies shall be provided by the developer at the developer's cost."And, Condition #17 shall be added as follows: "17. The development agree, it will include all of the exhibits that have been provided by the developer." And, A resolution shall be prepared requesting that MnDOT conduct traffic studies on Highway 55 and the frontage road connecting the development.to Highway 55 and that MnDOT will provide their recommendation as to required design improvements on:tie frontage.road as soon as possible. And, The preliminary plat for Burrview Pond Addition shall be continued indefinitely pending the receipt of MnDOT's recommendations. Mayor Egan asked that staff im to the "saddle" area of the Burrview Pond Addition with the property owners to the west of the development. Aye: 4 Nay: 1 (Gustafson) ORDINANCE AMENDMENT/'I'QBACCO PRODUCTS Mayor Egan introduced this item as an.Ordinance Amendment for the City of Fagan,Amending Eagan's City Code Chapter 6,Entitled"Other BusiiieSSAiiiiiStioriSand Licensing,"by Amending Section 6.34 Regarding Tobacco Products; and by Adopting by Reference Eagan's City Code Chapter 1 and Section 699. City Administrator Hedges provided background on:the:consideration of an ordinance amendment and what had led to this point. He said staff proposed dividing the'Issue::into two parts: 1) the sale of tobacco products from vending machines and 2) access to tobacco products her':tb Pover-the-counter. It was pointed out that the goal of the City Council in considering this ordinance amendment was to keep tobacco products out of the hands of the City's youth. The Council expressed concerns,however,that the restriction of tobacco products to over-the-counter sales only would have a punitive effect on local businesses. Mayor Egan then shared a shoplifting summary..provided by the Police Department which indicated that only 3% of juvenile shoplifting involved cigareUes:and other:tob :products. • Mr. David Johnson, of the As;tieation focal on-Smokers of Minnesota, commented on shoplifting nationwide and the statistics involving juveniles. He..said tobacco products are high on the list of items being stolen by juveniles and he recommendeil:their sale:.ing confined to aver-the-counter. Mr.Jim Larkin,of Larkin,Hoffriiair;Daly 8t'Liadgreii;-representing the Minnesota Grocers Association, outlined their program,"It's the Law,"and what their Association is doing to deal with minors who smoke. He said it is not the desire of the Minnesota Grocers Association to promote smoking by minors,however,the cost of moving all tobacco product sales to behind the counter would be prohibitive. He said they would prefer to work with the City in a cooperative effort to try.and:discourage youthful smoking. Mr. Joel Holland, President of.•rhe.M nnesota.'t` tii`.er's Association, said his organization had put together a program to educate the public:iogarding the illegat.saie of tobacco products to minors. He urged the withdrawal of the behind-the-counter sales.portion of the ordinance. Michelle Lodahl, of the Toba60.::. ::fa:4**tittiii::ti.Ojezt of Hennepin County, then discussed the hazards of smoking. Ms. Mary Jane Swoina:: di : :negative aspects of smoking and its effect on Page 7/EAGAN CITY COUNCIL MINUTES June 4, 1991 :.:.:.:.: ........ the City's youth. She encouraged the Coto be a pacesetter and do what's best for the youth of the community. Mr. George Markgraf, of Rainbow Food,s;:r,aidiltit.:compacy::*a program which trains their cashiers on how to spot people too young to buy cigarettiCK;:*:*440:10:want anyone to steal cigarettes any more than any other merchandise and are doing their.Part to keeP tobacco products out of the hands of youths. Ms. Pat Adams,of the Public Health Service of...Ncota County,then spoke to youth smoking and encouraged the City Council to form a task force to address tk issue. Mr.David Johnson,speaking for Cheryl Casey,proposed an Eagan Tobacco-Free Youth Movement as a public service project. M&Casey's suggestions for this project are included as Exhibit A. Mayor Egan then dosed the public portion of the discussion. The City Council then weighed the pros and cons of banning vending machine sales and/or over-the- counter sales of tobacco products. While all agreed.that smoking is a great concern, creating problems for the merchants in the City was not neces&artiy benefit:1*i to the issue. Mr. Tom Briant, of the Coalition for Responsible Vending Sales,then listed the numbei!*vending machines in the City and pointed out that with the exception of one machine, all cigarette vendiiiiinachines in the City of Eagan had restricted access to minors Mr. Mike Henke, of Fritz's Bark:Citilli:At::cOgy*:Lanes, said minors were not allowed in their establishment unless accompanied by their:Pareitii:.::::WAreibioblish has a cigarette vending machine at Lost Spur which he pointed out also has restricted access. Discussion then ensued regarding the number of vending machines in the City and whether or not a problem exists as to their access by minors. It was suggested that one alternative might be to appoint a task force to look at the entire issue more critically and a report of their findings forwarded to the City Council for review. Mr. Dan Aberg said the Chamber of Commer**Ola be willing to facilitate a meeting for such a group. Pawlenty moved,Egan seconded a motion to refer the issue of regulating the sale of tobacco products in the City of Eagan to a task force that woiddlCOk:at:the.information presented to the City Council and then return as expeditiously as possible to the City COMiiii****.recommendation. In addition,this task force will consist of representatives of the following groups: 1) the Char of Commerce or the Minnesota Grocers Association,2)the Association for Non-Smokers,3)a law enforcement representative,4)the community at large, 5) a City staff representative, 6) a youth representative and 7) vending machine operators. Facilitation of the task force will be the responsibility of the City. Aye: 5 Nay: 0 .11VIVIUSWO. CONDITIONAL USE pEBMIVROOHNSiiN INVESTMENT CO.. INC. Mayor Egan introduced this item as a Conditional Use Permit for R.L.Johnson Investment Co., Inc to Allow Outdoor Storage in an LI(Light Indu..stri*District and a Special Use Permit for a Fence in Excess of 6 Feet in Height at Lot 1, Block 1, RX;:.;1.44;14:*tiA.Oiti:On, Located Along Yankee Doodle Road and Yankee Drive in the Southeast Quarter iitt6a166.4*.iiiiiiiiiei4iiitheast Quarter of Section 17. McCrea moved, Wachter seconded a motion to approve the conditional use permit for R.L.Johnson Investment Co., Inc. to allow outdoor storage in a light industrial district and to approve a special use permit for a fence in excess of 6 feet in height at Lot 1.,:.ploek•4.R.L.Johnson 2nd Addition and that it be subject to the following conditions • •• 1. The fence shall be relodby July 1. 2. The 24 foot drive aisle will be maintained as shown on the site plan. 3. The conditional use pen shall be recorded:*thin 60 days of City Council action. Aye: 5 Nay: 0 Page 8/EAGAN CITY COUNCIL MINUTES June 4, 1991 •••:•:•:. REZONlitalatNEULLUALMBERCQUELM Mayor Egan introduced this item as a Rezoning for the Burnsville Lumber Company of Approximately One Acre from AG (Agricultural) to aRI SigleFiil ) Distrid Along the West Side of Slater Road South of Whispering Trail in the$4iithwest Quarter of Section 31. City Administrator Hedges said the Advisory Planning Commission had considered this item at their May 28, 1991 regular meeting and had recommended approval. Pawlenty moved,Wachter seconded a motion to approve a rezoning as requested by Burnsville Lumber Company of approximately one acre from AG(Agricultural)to an R-1(Single Family)district located along the west side of Slater Road south of WhisOefring Trail.. Aye: 5 Nay: 0 •••••••• •:::::::• WAIVER OF PUT/CELLULAR ONE •.•.•.•. ........ :•:•:•:. :::::::: Mayor Egan introduced this item..as.a:NY:a0P.r.of.P.4ti.C.ellular One, in Order to Split an Existing Tax Parcel (010-50) Located Along the South.:Side of Deeict*:Nite West of I-35E in the Southwest Quarter of Section 21. City Administrator Hedges said thLs item had been considered at the last Advisory Planning Commission meeting on May 28, 1991 and the APC had recommended approval. Wachter moved, McCrea seconded a motion to approve a waiver of plat as requested by Cellular One to split an agriculturally zoned parcel as presented. 1 Mr. Warren Dunlap, representing Cellular One, said his company had not proposed chaneng the agricultural zoning,yet the assessments oa.:thiSiiatiet Siii*Aieing proposed at a commercial/industrial use level. He said it was not a manned site and,if possi ble, they woOd prefer to leave the zoning as is. If, in the future, the site were sold, he said it could be assesSed:*:that:tipie at the appropriate and highest use Because the property would contain a cellular piictther and, therefore, used commercially, it was the initial recommendation that the property be assessed at the commercial/industrial rate. Director of Community Development Runkle pointed out,however,that if the City assessed at a commercial/industrial rate, Cellular One would be entitled to commercial uses on the property even though it is in an agriculturally zoned area. Mayor Egan asked if in the future the property were rezoned commercial/industrial, whether the City could collect the difference in the assessments between the agricultural/residential zoning and the commercial zoning. Any change in the property's use:#400::have. r.•:com :before the City Council for platting and an adjustment to the financial obligation coOdAiiiiiiidei at that time The original motion was withdrawn and WiChter moved, McCrea seconded a motion to approve a waiver of plat as requested by Cellular:Oiie to spiCitn agriculturally zoned parcel with assessments to be collected at the Dl rate. Aye: 5 Nay: PRELIMINARY PLAT/KINGS WOOD 5TH ADDITION Mayor Egan introduced this item as a.Freliminary Plat for Kings Wood 5th Addition/Home Development Corporation, Consisting of 4 I..pti:41::AM.iiii*ately 13 Previously Zoned R-1 (Single Family) Acres Located Along Rocky Lane and KipOiGiiii'lli.i.he'340theast Quarter of Section 2, City Administrator Hedges said that this item had been heard at the AdvisorYllning Commission on May 28 and they had recommended approval. Mr.Hedges said the Advisory Parks,. .creation and Natural Resources Commission would not meet until June 6, therefore,*the preliminary plat:i*:iiere approved, it should be subject to those conditions recommended by that Page 9/EAGAN CITY COUNCIL MINUTES June 4, 1991 ::•:.:•:. ....... Prior to the meeting,the develokt:raised several issues of concern having to do with park dedication, water quality dedication and streetlighting....It.tras.ampated that the parks dedication question would be resolved with the Parks,Recreation and Natural Resources meeting on June 6 and the streetlight issue was still under review. Director of iiifiai:u.katioi&ii thia water quality requirements had not been met as yet because the parcel was originally as an outlot and excluded from any fees paid with earlier additions of the Kings Wood development . Gustafson moved,Egan seconded a motion to approve the preliminary plat for Kings Wood 5th Addition consisting of 4 single family lots located on 126 acres of previously zoned R-1 land subject to conditions recommended by the Advisory Parks, Recreation and Natural Resources Commission and the following conditions as specified by the Advisory FIOning Commission: : -:•:•:.: ........ 1. These standard conditio4?cof plat iiiitoval as adopted by Council action on July 10, 1990 shall be complied with: Bl, C4:El, F140., H1 and 2. A 20 foot wide drainage:.iiiirllitllity:caFp;pnt:lf:T:•proPosed drainage swell across the backyard of Lot 4 shall be dedicated*.:0i0 pint Aye: 5 Nay: 0 NIMMARITAR§ .•...•.• CONTRACT 91-05/APPROVE PLANS/AUTHOItia ADVERTISEMENT FOR BIDS WILLBROOK Appplowstguirs & UTILITIES Mayor Egan introduced this itetii:i4 Contract 91-05;Approve Plans/Authorize Advertisement for Bids (Willbrook Addition - Streets & Utilities). •• •••:•: Gustafson moved,Wachter seconded a motion to plans and specifications for Contract 91-05 (Willbrook Addition-Streets&Utilities)and authorize an advertisement for a bid opening to be held on June 28, 1991 at 11:00 a.m. Aye: 5 Nay: 0 CHECKLIST Wachter moved, Egan seconded a..**::19 approve the checklist of June 4, 1991 in the amount of 5600,088.84. Aye: 5 Nay 0 ::•:•.:.::•:.:.:•:::•:•:•: •.•.•.. •*.*.• FIELIZRZEJESSIMADIERLDNIZI ...•.•.• ••••••:::: ....... . . The City Council adjourned the... ......:wow-.t.q:414:Pmcutive session to consider attorney/client privileged information at 11:25 p.m. Those. iifteádánctè Mayor Egan, Councilmember Gustafson, Pawlenty and Wachter, Director of Public Works Colbert, City Administrator Hedges, and City Attorneys Sheldon and Wilcox. The executive session adjourned at approximately 1200 a.m. on June 5, 1991. KF 760::#6,pAri• ........ • EXHIBIT A EAGAN::::TOBACCO FREE YOUTH PROJECT *' PURPOSE: 1 . Establish standards & goals for tobacco sales and use among minors. 2 . Raise awarerkess about youth tobacco issues with Eagan retailer's and public. • 3 . Create a sense of responsibility among retailers to adhere to Eagan standards - call on Eagan businesses to voluntarily eliminate tobacco displays and self-service sales. 4. Investigate....tob.a co issues in Eagan and periodically rep r...back:::to the City Council with recommendations 5 . Create a cooperative effort among the city, school district, parents, and business. An excellent public service project involving young people about issues that concern them. • WHO A City Councilnit at:ive beginning with the ordinance changes, a resolutibti, and 'Creation of the project by forming a task force;::;: • T 08 '91 05:09PM RKM&C . _2-339-4181 ROBINS, KAPLAN, MILLER 8 CIRESI ATTORNEYS AT LAW ATLANTA,OCO4Gia 1400 INTERNATIONAL CENTRE CNICAC0,I1.61N01s 900 SECOND AVENUE SOUTH aALLAS.TS.AS MINNEAPOLIS, MINNESOTA 55402-3394 MI«NLA.oLIS,MINNCiOTA TELEPHONE (612) 349-8500 FACSIMILE (812) 339.4181 «cwroRT • ACpl,cA IToRNi1 TWX 910-576.2737 SAINT PAUL,MINNti10TA SAM •RANCiiCO,CAuIrORNIA KATHLEEN A. MARRON' May 8, 1991 012) 2494226 WA$NiNCTON,D.C. M CLL[$LCY,MAI$&;.Vi[TTi �Y TELECOPY Pierre N. Regnier, Esq. Jardine, Logan & O'Brien 2100 Meritor Tower 444 Cedar Street St. Paul, Minnesota 55101-2160 Re: Cable TV North Central, et al . v. �urnsviile/Eagan Cable Communications Commission, pt al, Our Pile No. : 025983-0000 Dear Pete: Both of us attempted to reach you today as we thought it would be helpful to outline for you the items on which we should have a common understanding in order for a meeting between us to be productive. They are as follows: 1. The Commission(s) previously wrote our clients to advise them that no meaningful discussion on the transfer of programming would occur while the litigation was pending. The defendants must express a willingness to negotiate a transfer of programming as a part of settlement. Kevin Griffin's letters to Messrs. Cusick and Reardon outline proposed terms which should be addressed. Although these items could include a negotiable cash payment related to equipment replacement, the pro formas shall not even be discussed, much less used as a starting point for negotiating a payment; 2. Any settlement would include a complete and unequivocal agreement by the defendants in the two cases that the pro formas submitted by Cable TV North Central and/or its predecessor are not enforceable obligations under the franchise ordinances; • MAY 08 '91 05:09PM RKM&C "2-339-4181 P'3 Pierre N. Regnier, Esq. May 8, 1991 Page 2 3. Each party would bear their own costs and Cable TV North Central would not indemnify defendants for the costs incurred in connection with the above-captioned litigation; and 4. Litigation will not be delayed pending any settlement negotiations. In light of the fact that our proposed agenda includes items which relate to our claims for injunctive relief, and in view of your representation that Tom Creighton is representing the defendants with respect to those claims, it is apparent that To Creighton will need to be involved in settlement discussions. Our clients are therefore agreeable to having him present at a proposed meeting to discuss this subject. As Kathe had discussed with you last week, we had tentatively scheduled a meeting between the three of us for 1:00 on May 20 at the offices of Robins, Kaplan, Miller & Ciresi. We understand that you wish to discuss this with your clients at the closed session in the Burnsville/Eagan Commission meeting this evening. Please let us know whether a meeting to discuss these four points is acceptable to your clients. Sincerely, ROSINS, KAPLAN, MILLER & CIRESI th(111,1\--75?---474144* Kathleen A. Marron POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY pki( Lee E. Sheehy KAM/LES/bsb cc: Kevin C. Griffin Kathi Donnelly-Cohen DATE / !• 'i I Z CITY OF EAGAN NEW ON SALE FEE 3830 PILOT KNOB ROAD RENEWAL OFF SALE FEE EAGAN, MINNESOTA 55122 TEMPORARY 2 c, APPLICATION FOR NON-INTOXICATING MALT LIQUOR LICENSE PLEASE PRINT r , , APPLICANT / I l CA / / /fi OWNER'S NAME _ — Last,, First Middle Last First 'Middle Address ,/1,'/ //' /:2,-))1 (;/ ; / /..;>1 r I, Address Street Street / ' I1;A" City State Zip City State Zip Phone'! ` Birthdate - ,// ' Phone Birthdate TRADE NAME A ,1(7 A /} !. /[` 4 5 MANAGER'S NAME Last First Middle Address (tom / �t /:'I L r it 4 [ - . / Address Street Street , /; 1 ' /1 l/ /y City State Zip, City State Zip Phone /.i 'f -' /J e-c Phone Birthdate HEREBY APPLIES FOR NON-INTOXICATING LIQUOR LICENSE for the year / �J f � , from l/7 / _ month date to 1// nrEvent: 7(;r/1 7' �/ .�<< /� y Location: /1,'J//f 1-314 '/t.' . month date (for temporary license) address Are you the actual proprietor? Yes (1.) No ( ) Are you the owner of the property of the business location? Yes ( ) No (') Has any other license of this kind been granted to you? Yes (y---i\lo () Where ;,../C. /6 City Year Are any taxes, assessments or utility bills for the premises unpaid or deliquent? Yes ( ) No ). If yes, give reason. During the past year, has a summons been issued under the Liquor Civil Liability Law MS 304.A802? Yes ( ) No (t): If yes, attach summons copy. Have you ever been convicted (other than a traffic offense)? Yes ( ) No (amity Is this a joint ownership or silent partnership? Yes ( ) No (t)." 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 CHANGE IN OWNERSHIP OR MANAGERS IN THE PAST ic'EAR. y,94'67 cr ,-/7 0 4(,1.4 1 y TI IE LICENSEE IIEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANTING OF THIS LICENSE. I (we) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. AUTHORIZED SIGNATURE " �t �) ,) -(1 First Full Middle Last F!: 61 TYUS_ONLY / POLICE APPROVAL: Yes-14) No O SIGNED DATED — CITY COUNCIL APPROVAL; Yes ( ) No ( ) SIGNED DATED Permit fee: $35' 00 ~ ^ i// `? / i �� Date : CITY OF EAGAN 3830 PILOT KNOB ROAD ` EAGAN, MINNESOTA 55122 .r. . . � / ` / ` PARADE PERMIT APPLICATION I , 0/(1' / /11/7 /4/ � /// '' ' L! `1 ~ , make Last First Middle .� application for a Parade Permit for / �, m , �' /� / L/ /� ,` from date the City of Eagan . b sponsoring organization is : ' ' � L. ' / ' / ° � `� / / � ' / � ' / --�a^ ^ ~- `^g`^^ ^"`^ ~^ Street; ^ ~ - an ^ -�� '// ��{ '.,' ' , ' _r�.;. r ^~ C / � ,, ),-� ( � / �� .� Tel �/�r � '_;-/// — C it y 'State Zip ~-� �,/ ^( / �/ / --/4Y( Describe the route , the length, estimated time of commencement and term- ination and the general composition of the parade : / ) � ' �/ �� . 1/1 / -� '' 'y/ �l �/ // / /_��: ^� /7 �� - ( eI �\ /� /7 // _ /-/y/| A. - (' / ( _/ ) / ' �-7i / _.,,lz,-7,_f' 4 47 4. ,.i /i/ {/ �� ,fir./ .';'' ';' (-,1' - /( //_.//: / 7.1 ii±e: /f: ii.....,,, / ' '' --__4. 1 I 7,_‘.,..e.(1.. 41- i , te".. 7 7., ,,,,/ ' vl ()(":-71,,,','7 :IL.'..._%/--,.,--Y7-. 4 efi,/ (:,-;/-'4,(7,4„ -74 e-7,71'Z'',(-- ---}-t-,4- First Full Middle Last -- _ _______~ The Chief of Police will review the parade route, examining possible hazardous or inconvenient conditions . Be shall make arrangements for alternate routing of traffic and any other traffic control measures . His findings will be presented to the City Council . The Council may deny or grant the permit, and/or add conditions including a date , time or route . For City Use Only:. ' ��Po1 ce 8pprnnal : Yea ( 4 ` 0� ( ) - `� `--- 6 -7��/' — 111 -- date '/ City Council Approval : Yes ( ) No ( ) signed - dale — $50.00 Investigation fee J( — ��f Date : '/_ / // $25.0Q License fee i s . , _l (_ (- ; I {' !_� CITY OF EAGAN APPLICATION FOR SHOWS LICENSE [Shows : public show, movie, caravan, circus, carnival ,exhibition, theater] I, f� r'-' 1.■ / C; h/") /r' i O, , hereby make application for a ()Jiff' / ' 1 name ' /% •- i / i ( __ //ii :fl license from the City of Eagan , which type of show wi 11 take place on '�'' / j//, ''.- / ,27/ during the hours of "/.7 /,/' l /,.714( dates ■ 1 /; hours at /` ,, 7 ///i, I:/ A fl . The purpose of the event is q ,location of slyy / _ ./r7 i _C ; i/�a' v7 ,/l _` �` i 2 / / / f: ! /, // � /i' / ,- • • I represent j , - r ,I4 /' /,/4 ) r.'''l//4 name of brgantzatioh / ,- / v i/r i ,./ /i /f ./= Ali./ address phone Names and addresses of corporation officers : ( �/ 1/�.� / '`,/,:>';;"/ I /24(,5 // /i' 2 ',:�(q/��J `7/ name address phuni name address 1 utt ! J-ri( ^,�' , ;- /11 /,4 ('/► r / . '' E Hi �r/'l 't;�J )it %(A' p,�/:' �;: "_ `/ nano address prune ?/j'C�C '� ,'; _) t �,, 1 ;' f �•r J/1: 7-/// 144,4 p. y' rti >� z{ /TV- =9 name adc ress plrunu Person in charge of event : �!, A eA /; /- , //j / / last name /J first dame ri�ctdi r'drne / 1/j,/�f 1-)/' G// ) /14 G ,! ,1(^ .'yi/� ,i A 2 %,J -1�l y^ �,.1 address / plrvrrc 7 birthdate i social s curitynitmt 'r MAKE CHECK PAYABLE TO: CITY OF EAGAN. Licenses are issued for a specific period and will be issued to qualified individuals or firms only. Failure to provide true and correct information shall consti- tute a violation of the ordinance in question and in addition to penalties, the license of any applicant may be revoked. * * * * * * * * * 4, * * * * * * * * * * * * * * * * * * * * * * * * * FOR CITY SE 0 , Y: Police Appro. Date City Clerk Approval Date 5 . 88