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01/03/1991 - City Council Regular 1 AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING JANUARY 3, 1991 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) IV. 6:55 - CONSENT AGENDA (PINK) r2 A. PERSONNEL ITEMS o.,01B. AGREEMENT for Final Plat, Tranby 1st Addition F 3.f-C. AGREEMENT, Joint Powers for 1991 Recycling Program Funding Between the City of Eagan 1 and Dakota County qD. FINAL PLAT, Town Centre 100 - Eighth Addition ' o E. FINAL PLAT, Town Centre 100 - Ninth Addition • F. CONTRACT 88-24, Approve Final Payment/Authorize City Maintenance (Lexington Avenue 4 2 Reservoir) Z G. CONTRACT 87-X, Acknowledge Completion/Authorize City Maintenance (Cray Addition - P• Trunk Utilities) `t/ 3 H. CONTRACT 89-E, Acknowledge Completion/Authorize City Maintenance (Cray 2nd Addition - P• Trunk Utilities) 1 4 3 I. PROJECT 607, Authorize Feasibility Report (East Diffley Road - Streets & Utilities) V. 7:00 - PUBLIC HEARINGS (SALMON) VI. OLD BUSINESS (ORCHID) -1 4 A. CONDITIONAL USE PERMIT, Safety Kleen, to Allow Outdoor Storage in a LI (Light f Industrial) District on Lots 3 and 4, Block 1, Sibley Terminal Industrial Park Located in the SE 1/4 of Sec 8 (Request to Continue Indefinitely) VII. NEW BUSINESS (TAN) .4.�A. PETITION, Stop Sign at Fairway Hills and Camelback Drives B. APPLICATION, Community Development Block Grant Designation for 1991 ' C. CONDITIONAL USE PERMIT, Crown Coco, Inc. , to Allow a Pylon Sign and a VARIANCE for the ro Height in Excess of 27' on Parcel 10-01900-011-55 Located at the NW Intersection of � Nicols Road and Diffley Road in the SW 1/4 of Section 19 D. CONDITIONAL USE PERMIT, R. L. Johnson Investment, Company Inc. , to Allow Outdoor Storage in an LI (Light Industrial) District and a Special Permit for a Fence in Excess of 6' Tall on Lot 1, Block 1, R. L. Johnson 2nd Addition, Located Along Yankee Doodle Road and Yankee Drive in the SE 1/4 of Section 8 and the NE 1/4 of Section 17 1VIII. ADDITIONAL ITEMS (GOLD) IX. ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT 1 MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 27, 1990 SUBJECT: AGENDA INFORMATION FOR JANUARY 3, 1991 CITY COUNCIL MEETING ;ADOPT AGENDA/APPROVE MINUTES After approval is given to the January 3, 1991 City Council agenda and regular meeting minutes for December 18, 1990, the following items are in order for consideration: DEPAR1T HEAD BUSINESS'; There is no Department Head Business at this time. 1 Agenda Information Memo January 3, 1991 City Council Meeting F.PONSENT AGMA There are nine (9) 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. Informational -- It has been necessary for the City Administrator to approve the hiring of a number of temporary and/or seasonal employees between Council meetings. Those employees are: a. Seasonal Winter Recreation Leader-- Becky Becker has been hired as an additional seasonal winter recreation leader for the skating rink/sliding hill recreational programs. b. Seasonal Pre-School Program Instructors/Assistants--Judy Forde and Marilyn Grant have been hired as winter seasonal pre-school program instructors and Cynthia Olson, Kate Haag and Mary Hamann-Roland have been hired as their assistants. c. Temporary Clerical Technician/Parks & Rec Department -- The full-time clerical technician in the Parks and Recreation Department has broken her arm and is unable to perform the tasks of her position for a period of four to six weeks. Because of a current child care leave for another clerical employee, there were no existing clerical employees who would have been able to temporarily assist the Parks Department. Therefore, it was necessary to hire a temporary clerical technician for the period of medical disability. The person so hired was Sheila Haugh. d. Investigator/Police Dept. --Investigator Kevin McGrath is being laterally transferred to the vacant property crimes position in investigation. The position has been kept vacant while new officers in the department finished their training. The department will be filling McGrath's current investigator position with a patrol officer following the appropriate posting/testing procedures. That recommendation will be forwarded to the Council at a later date. The above items are informational and require no action on the part of the Council. Agenda Information Memo January 3, 1991 City Council Meeting Item 2. Hepatitis B Policy -- Because of their exposure to bodily fluids and the danger of contamination, it is the recommendation of Public Works Director Colbert that Utility Maintenance Workers at the City of Eagan be added to the list of employees at risk in the City's Hepatitis B Vaccine Policy. Sworn police personnel and volunteer fire fighters are currently on that list. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the addition of Utility Maintenance Workers to the list of employees at risk in the City's Hepatitis B Vaccine Policy. Item 3. Community Service Officer--Approximately 105 applications were received for the vacant CSO position. After screening of the applications, thirty applicants were invited to the Municipal Center for written tests, physical fitness tests and an oral board interview. The interviews were conducted by Chief of Police Geagan, Lieutenants Meszaros and Swanson, Officers Anselment and Mattson and Assistant to the City Administrator Duffy. Nine candidates were selected for complete background investigations. It is the recommendation of all persons concerned that John Serier II be hired as a Community Service Officer, subject to successful completion of the psychological, physical and drug testing examinations. Mr. Serier is currently ranked #1 on the CSO eligibility for hire list. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of John Serier II as a Community Service Officer, subject to successful completion of the psychological, physical and drug testing examinations. Item 4. Manager of Support Services/Police Department/Retirement -- Virginia Knight, Manager of Support Services for the Police Department, has submitted a letter indicating her retirement as of January 31, 1991. Ms. Knight has been an employee of the City of Eagan Police Department since September 1, 1966. A copy of Ms. Knight's letter is enclosed on page L( for the Council's information. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the letter of resignation for purposes of retirement of Virginia Knight, Manager of Support Services for the City of Eagan Police Department, contingent upon the successful completion of transfer of funds from the IDS Deferred Compensation Funds to the ICMA Deferred Compensation Account. 3 )i II p department --�� PATRICK J. leo CIC o.Pollee 1111111 city of aagan KENNETH D.ASZMANN 0.......m 3830 Pilot Knob Road THOMAS EGAN Moor Eagan,Minnesota 55122 Phone: (612)454.3900 DAVID K.GUSTAFSON FAX: (612)454.0718 PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Mrnoer, THOMAS HEDGES City Aorn,niktntor EUGENE VAN OVERBEKE City Clerk 28 December 1990 TO: Patrick Geagan, Chief of Police FROM; Virginia Knight, Manager of Support Services SUBJECT: Letter of Resignation Dear Pat: Please accept this letter as my intention to retire effective January 31, 1991 contingent upon the successful completion of the transfer of my IDS Deferred Compensation Funds into my ICMA Deferred Compensation account effective January 1, 1991. I have truly enjoyed my employment with the Police Department and it is with many mixed emotions that I leave. I shall miss all of you very much. Sincerely, 1 i .. 7/ �:ti IDYL �•,�- Vir /nia Knight \\ , dill THE LONE OAK TREE.. .THE SYMBOL OF ' TH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Agenda Information Memo January 3, 1991 City Council Meeting Item 5. Police Department Reorganization -- With the retirement of the Manager of Support Services in the Police Department, Chief of Police Geagan is recommending a reorganization of the department in order to create more first line employees. Enclosed on pages jo through 7 is a copy of a memo from Chief of Police Geagan describing the proposed reorganization. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the reorganization of the Eagan Police Department, including: a. Combining the Support Services and Administrative Divisions into a single division, Administrative Services, to be supervised by a current Lieutenant. b. To reassign the Manager of Support Services duties between that Lieutenant, the current Lead Dispatcher, the Police Secretary and a new position, Lead Clerical Technician. c. To replace the vacant position with a new Clerical Technician III position. d. To hire a second Community Service Officer from the current CSO eligibility for hire list, contingent upon successful completion of the City's psychological, physical and drug testing examinations. ;, , Fr police department „ ,,,...., „ .___J, PATRICK J.GEAGAN L�t\j Chief of Route A kkhi City of Cagan, KENNETH D.ASZMANN Operations Captain 3830 Pilot Knob Road THOMAS EGAN Mey or Eagan, Minnesota 55122 Phone: (612)454-3900 DAVID K.GUSTAFSON FAX: (612)454-0718 PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk December 28, 1990 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PAT GEAGAN, CHIEF OF POLICE SUBJECT: REORGANIZATION OF THE POLICE DEPARTMENT SUPPORT SERVICES DIVISION With the retirement of Gin Knight, who is Manager of Support Services, I am recommending some reorganization within the Support Services Division. With economic hardships facing the City and the Police Department, I am recommending Support Services and the Administrative Division be combined into one division designated as Administrative Services. This division would be managed by the current Administrative Lieutenant. The purpose of this reorganization is to create more first line employees and to cut back on upper management. Our intention is to reassign the Support Service Manager's duties among five people, for an expected savings of approximately $20, 000 per year. Attached is the current organizational chart of the Eagan Police Department, and an organizational chart depicting the recommended change. The following is an explanation of the positions this change affects: Lead Dispatcher: The current Lead Dispatcher, Kathy Bartel , is already doing most of the duties required of that position. The reorganization will add some additional responsibilities and require the Lead Dispatcher to work a more regular day shift to be more available for radio maintenance people, as well as the required interaction between our Communications Center and outside agencies. This position may require T.S.P. modification. • THE LONE OAK TREE. . .THE SYMBOL OF S •: ,61:.' 1 0 GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer 1 REORGANIZATION OF THE POLICE DEPARTMENT SUPPORT SERVICES DIVISION Page 2 Lead Clerical Technician: This position is a new position within the Police Department. This position will be responsible for the direction of all clerical staff, with the exception of the Administrative Secretary. Only present clerical employees in the Police Department will be eligible to apply for this position. Administrative Secretary: Linda Bendt, Administrative Secretary, will be responsible for the management of the department 's accounts payable and purchasing. This added responsibility, and others, may require a one step modification in that position's T.S.P. Full Time Clerical Position: This position is the actual physical replacement for the deleted Support Services Manager. This person's primary responsibility will be data entry, typing reports and record keeping. New Time Spent Profiles will be designed to include the new responsibilities for each of the above existing positions and will also be designed for the new positions. Compensation levels will , of course, be determined by the point totals of the revised T.S.P. 's. I am requesting consideration be given to use the approximately $20, 000 savings the reorganization provides for hiring an additional Community Service Officer, as soon as possible. As you are very much aware, if this request is approved, it will be a benefit, not only for the Police Department, but every department in the City. '-73,-I'A- ' A.-- Patrick J. 'agan — Chief of Police PJG:lb Attachment ANNEX A GENERAL ORDER #11 . 1 . 3 SUBJECT : ORGANIZATIONAL CHART a <.j 0 O O Z Z I -7 .-1 kO — G a O H fmV - . W V — O. m V 0 d 1- —_, • O2 Q W Cr a) W 0.,00 Wd V d 4) WW J} W V - z I- 0 1- z N ..-I r w .- ¢W Q i t 1 m' > 0°w w G ZQ _ a>p — O cC -<OW 'W < W la ••4 a mm I O 7 _ •,-,U < 0 I- CJD U 0 • 0 0 r- ;Z ' ix O <0� S ¢ C —. -r W W U v = I 00 1 m 1- I- 1 Oy d O <m m IL O JO O v 1 I W <Z Z is.O ¢O < ^ m W- H , Z it ZO mV W - ~m W Od Zm ] <¢ a WQ 0 1i. 1 W 3� 0 OW -+ 0 O - -Z m 0E- d < ZO 1-Z X <0 0 m. W 1 I I I AMMIMMNI a I m o .lIMm■W ■■■■ H m 2 S Z W W < 2 0 0 W 4 CO I 0 W IL ^ O r I 1 W W ' Z Z ' Z Z O I Y O 0 O z -o < I I o� Z — i W G>d <iii) W < dm D G• V Co CC CC J III W 0 0 Ill 4 L • O IL m I L 0 0 Y O 1 Z d Amammomm+ m O C Z Z — S a. W O W 0 H a.•1 W O r 0. O ;Z Z O , 4 , , , Z - ; m Z 14. > W O z z < O 0 O O O O LL _ 0. _ >~W W 4 0 _ < < < W< .. < X O H ■ F O- < O < O O ` C O W m O O ►. 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Agreement for Final Plat, Tranby 1st Addition--The above referenced final plat was executed and recorded and a development contract was executed during the summer of 1990. Pursuant to these actions, the City Council authorized preparation of detailed plans and specifications and the Public Works Department together with the City's consultants began work in that regard. Subsequent to this action, the applicant, Ole Tranby, informed City staff that he did not intend to pursue development of his plat at this time and further requested that the improvements indicated as a condition of plat not be undertaken. At that point, staff directed the City's engineering consultant, Bonestroo, Rosene, Anderlik and Associates, to halt work until the matter could be resolved. To that point, the detailed plans had been prepared but the specifications had not. Because of concerns raised about the existence of an unimproved plat of record, a series of alternatives were discussed by City staff and the applicant. These included proceeding with the development, court action to vacate the plat or a recordable instrument to permit the plat to stand as recorded but guarantee installation of utilities and improvements as a condition of sale or prior to the development of the plat. Community Development Director Runkle and the City Attorney's office have developed a recordable agreement t9 facilitate the last option. A copy of this agreement is enclosed on pages 1 through for your review. This agreement has been before the Council twice previously on December 4 and December 18 and were continued to afford an opportunity to reach a conclusion regarding the applicant's remaining financial obligations for work incurred to date. The costs total $15,026.35 of which $3,278.50 relates to the preparation of the feasibility report, $8,043.61 relates to the detailed plan preparation and $3,704.22 cover costs for legal and surveying services and easement acquisitions. Additional information relative to these costs is outlined in the staff report which is enclosed on pages 1 5 through 3 ,. In petitioning to undertake this work, Mr. Tranby signed guarantees for the cost of the feasibility report and the detailed plans and specifications in the event the project was not awarded. Had the project been awarded, approximately 85.2% of the cost of the detailed plans and specifications would be spread to other properties. As a part of its consideration of the final plat agreement, the City Council may wish to address the effect of the guarantee on the extent of Mr. Tranby's obligation for cost. If the Council does not wish to exercise the guarantee, the extent of Mr. Tranby's obligation in this regard would be $8,174.34. The remaining $6,851.99 would have to spread against the other identified properties at the time the project is constructed in the future. Mr. Tranby currently has a balance of$3,012.28 in escrow which can be applied to the identified cost. The net cost to Mr. Tranby would be $12,014.05 if the guarantees are required and $5,162.06 if the remainder is spread against the other properties at the time of development. 1D Agenda Information Memo January 3, 1991 City Council Meeting In either case, approval of the final plat agreement should be subject to Mr. Tranby's payment of his obligation or an acceptable payment schedule. Community Development Director Runkle has contacted Mr. Tranby and requested a meeting to discuss these costs. As a consequence of the holidays and vacation schedules, the meeting has not yet been held and is expected to occur prior to the City Council meeting on January 3. If staff is able to meet with Mr. Tranby and reach a mutually acceptable conclusion in this regard. Prior to the Council meeting, that outcome will be reported to the Council. If not, staff will recommend continuation of this item to the January 15, 1990 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: 1)To identify and direct payment of the appropriate fees with respect to the feasibility study, detailed plans and specifications and other costs associated with the Tranby 1st Addition and 2) to approve the recordable agreement relative to improvements for Tranby 1st Addition as presented. • 1 AGREEMENT WHEREAS, JOSEPH OLE TRANBY, ("Tranby") is the owner of property located within the City of Eagan and legally described as Lot 1, Block 1, Tranby 1st Addition, Dakota County, Minnesota ("Property") ; and WHEREAS, upon request by Tranby to the City of Eagan in connection with the plat and potential development of the Property, the City did undertake the preparation of a feasibility report to provide storm sewer and sanitary sewer improvements to the Tranby Property under Public Improvement Project No. 591; and WHEREAS, .the plat was approved subject to the execution by Tranby of a Development Contract requiring the installation of the sanitary and storm sewer improvements under Public Improvement Project No. 591 , which Development Contract was signed on June 19, 1990; and WHEREAS, prior to the City of Eagan finalizing the preparation of the plans and specifications for Public Improvement Project No. 591, Tranby requested that the City cease work on the public improvement project as it was his desire to discontinue developing his Property; and WHEREAS, the request to discontinue the public improvement project was made subsequent to the filing by Tranby of the plat for Tranby 1st Addition. NOW THEREFORE, based on the foregoing recitals, the undersigned does hereby agree as follows: 1. No development or improvements of any kind whatsoever shall take place by Tranby, his heirs, successors in interest and/or assigns, without the prior authorization by Resolution of the Eagan City Council. 2 . This agreement is being made to assure the proper installation of sanitary and storm sewer services to the Property. 3 . This agreement shall be recorded with the Dakota County Recorder's office to serve as notification to all interested parties, that further consent by the Eagan City Council shall be required prior to the development and/or improvement of the property. IN WITNESS WHEREOF, the undersigned has set his hands this day of November, 1990. Witness: JOSEPH OLE TRANBY STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1990, by JOSEPH OLE TRANBY, a single person. Notary Public APPROVED AS TO FORM: City Attorney's Office Dated: � - , 7 ' APPROVED AS TO CONTENT: Public Works Department Dated: THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Bldg. 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 MGD I I � I 1 I ^ ., /D • •• \\,„„ rw, Report for Tranby 1st Addition Storm Sewer and Sanitary Sewer Improvements Project No. 591 ,..* tom^ . "vp fry r) 4. . ' !' Eagan, Minnesota --- ' , ..._ n ___i_ — April 1990 Jcte 5 - i7- 5O EAGAN ENGiNLERING DLP File No. 49507 nBonestroo Aosene �� Anderlik Q Associates Engineers A Ane++rt ot. It PaUt Minnesota • Ono G Bonesnoo.PE Kush A Gorton,PE Wheel C lynch.PE. Mark D Wants PE Bones t roo Robert W Rosen.PE Richard W Foster.PE James R Midland PE Thomas R Anderson.A.I.A. Joseph C ArWerlik,PE Donald C Bsxgardl PE. Kenneth P Anderson.P.E. Gary F Rytander.P.E. Rosen E Turn.P.E Jerry A Ranson,PE Mark R Roes.PE Mlles B Jensen.PE James C Olson.PE Mark A Hansa.PE Robert C Russel A.I A L.Philp Grid. l C.PE Glenn MI R Cook PE Ted K.Reid.PE Thomas E.Angus PE. Charles A Erickson Anderlf k & Thomas E Noyes.PE Michael T Raurmann.PE Flo.vard A Sanford.PE. Leo M Pasersky VII Associates Marvin G Schsxscht.PE Robert R Preterit PE Daniel J Edgerton,PE. Harlan M Olson in l Sorvata.PE Dared 0 Loskaa.P.E. Mark A.Snip.PE. Susan M.Ebenin.C.PA. Thomas W Peterson.PE. Philp J Caswell P,E. Engineers & Architects April 4, 1990 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Tranby 1st Addition Storm Sever and Sanitary Sever Improvements Project No. 591 Our File No. 49507 Dear Mayor and Council: Transmitted herewith is our report for Tranby 1st Addition Storm Sever and Sanitary Sever Improvements. Also included is a preliminary cost estimate and assessment roll. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss this report. Yours very truly, B /9F4;11 ONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Ma Hanson MAH:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the Sta e of Minn sots. 71/(c (f4w Mark A. Hanson . j Date: Aril 4 1990 Reg. No. 14260 Approved b ,...`/ li —1 D-■artment o Pubic Works Date: Cl* – t -90 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 ( (Q SCOPE: This project provides for the construction of storm sewer and sanitary sever to serve Tranby 1st Addition and the surrounding area. Tranby 1st Addi- tion is located on the west side of T.H. 49 approximately 1/4 mile south of T.H. 55. Tranby 1st Addition includes one platted lot (approximately 3.2 acres) incorporating a proposed 12,000 sq.ft. office building. Also included is the grading of a ponding area for the southwesterly 20 acres of this drainage district. FEASIBILITY AND RECOMMENDATIONS: The project is feasible from an engineering standpoint and is in accordance with the recently updated Comprehensive Sani- tary Sever Plan for the City of Eagan. However revisions are proposed to the recently updated Comprehensive Storm Sewer Plan. These revisions include redirecting the storm water flow from drainage district E-10 to Pond EP-4 as opposed to Pond EP-2 as recommended in the Comprehensive Plan. As a result, because the storage and outflow requirements for Pond EP-4 are restricted, additional ponding will be required in drainage district E-10. Meetings have been conducted with the effected property owners and it's their desire to provide additional ponding rather than incur additional costs to construct the gravity storm sewer to Pond EP-2 as opposed to Pond EP-4. The gravity storm sewer construction to Pond EP-2 is approximately $61,000 more than the con- struction to EP-4 because of additional costs associated with a storm sewer jacking beneath the railroad tracks and significant overdepth incurred for the storm sever pipe construction (+35' ) to Pond EP-2. Therefore, additional ponding is proposed in drainage District E-10 to reduce their storm sewer costs. The project as outlined herein can best be carried out as one contract or combined with a similar type project. Page 1 . RPT49507 DISCUSSION: Storm Sever and Pondinsi - Tranby 1st Addition is located in drainage district E-10 as designated in the 1990 Comprehensive Storm Sever Plan. As previously mentioned Drainage District E-10 was intended to drain by a gravity storm sever to Pond EP-2. However, after investigating four different alternatives and their cost, the effected property owners have indicated they prefer to provide ponding and reduce their storm sever costs. Therefore, the proposed lateral storm sever for this project provides for constructing a 12' and 24" diameter storm sever along the railroad right-of-way to Pond EP-4 as shown on the attached drawing. The proposed storm sever is designed to convey storm water runoff from approximately 62 acres located in Drainage District E-10 as shown in Figure No. 1. Due to the limited storage and outflow requirements associated with Pond EP-4 additional ponding is required. The storm sever design assumes the drainage district is divided into three drainage districts approximately 20 acres in size. It is assumed each drainage district will provide ponding based on a restricted outflow of 3 cubic feet per second (cfs) which results in a storage requirement of 5.0 acre feet. Therefore, the combined flow rate into Pond EP-4 from the three individual ponding areas is 10 cfs. In addition, it is assumed the existing 16" DIP force main through Drainage District E-10 from the railroad tracks to Pond EP-2 could be aban- doned in the future and its storm water flow could be redirected to Pond EP-4. The proposed 24" storm sever for this project provides for a designed outflow from the three ponding areas (3 cfs each, 10 cfs combined) and the ex- isting 16' force main (8.9 cfs) . However, it's recommended at this time that the existing 16' force main not be removed until development requires it to be removed thereby incorporating its removal cost with the cost of development. Page 2 . RPT49507 As indicated three individual ponding areas are required to restrict the storm water flow into Pond EP-4. Due to the Tranby Addition Development and the willingness of the effected property to provide the required ponding at this time, it is proposed as part of this project to construct the ponding area (Figure No. 3) that serves Tranby Addition and the abutting property (approximately 20 acres) . In the future when the other 20 acre areas develop, the required ponding for those areas will be constructed with their develop- ment. Listed below are the ponding requirements for Pond EP-4 and EP-4A (Tranby Pond) . The ponding requirements for Pond EP-4 includes the storm water flow from the existing 16" DIP force main. Tributary 100 year Wet Area Storage Storage Outflow (acre) NWL HWL (ac.ft. ) (ac.ft. ) (cfs) Pond EP-4 31.7 846.5 853.5 7.5 0 26 Pond EP-4A (Tranby) 20.9 866 874 5.0 0.64 3 As noted, the wet storage in Pond EP-4A is 0.64 acre feet in accordance with the Comprehensive Water Quality Plan. Wet storage does not exist in Pond EP-4 which was developed as part of the Dart Transit Development. Wet storage in Pond EP-4 is required for the drainage area that's tributary to it. There- fore it's cost will be the responsibility of it's drainage area and is not proposed to be developed with this project. Sanitary Sever - Sanitary sewer proposed herein includes extending an 8" gravity sanitary sever northerly from the existing 18' trunk gravity sewer located along the railroad right-of-way. The proposed alignment is shown on Figure No. 5 located at the back of this report. Page 3 . RPT49507 \°\ EASEMENTS/PERMITS: The proposed gravity storm sever located along the rail- road property to Pond EP-4 will be constructed adjacent to the existing 20' vide utility easement incorporating the 18" trunk sanitary sever. Therefore, additional permanent easement and temporary construction easements vill be required. In addition, permanent pond easement will also be required for the pond construction serving Tranby 1st Addition and the surrounding area. Listed below are the permanent and temporary easement requirements. Easements required within the Tranby 1st Addition vill be dedicated through the platting process. It is anticipated additional easements will be acquired at no cost. If costs are incurred, they vill be added to the project cost and assessed accordingly. Permanent Permanent Parcel Utility Pond Temporary Description Easement Easement Easement SECTION 12 Parcel 010-27 16,000 sq.ft. 32,000 sq.ft. Parcel 010-29 24,000 sq.ft. 48,000 sq.ft. Parcel 010-30 3,000 sq.ft. 12,000 sq.ft. Parcel 010-53 14,000 sq.ft. 40,000 sq.ft. Parcel 020-52 5,600 sq.ft. 10,000 sq.ft. COST ESTIMATES: Detailed costs are presented in Appendix A located at the back of this report and are summarized below: Storm Sever Lateral $129,740 Storm Sever Ponding 35,490 Sanitary Sever 28,040 TOTAL $193,270 Page 4 . RPT49507 420 The total estimated project cost including contingencies and all related overhead is $193,270. Overhead costs are estimated at 30X and include legal, engineering, administration and bond interest. AREA TO BE INCLUDED: ASSESSMENT AMD CONSTRUCTION AREA SECTION 12 Parcel 010-27 Parcel 010-28 (Tranby 1st Addition) Parcel 010-29 Parcel 010-30 Parcel 010-52 Parcel 010-53 Parcel 011-50 Parcel 020-52 AUDITOR'S SUBDIVISION NO. 38 Lot 12 (Tranby 1st Addition) GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION Lot 1, Block 2 Outlot E Outlot F ASSESSMENTS: Assessments are proposed to be levied against the benefited property as shown on the attached drawings. A preliminary assessment roll is included at the back of this report in Appendix B. All lateral costs will be revised based on final costs. These assessments will be spread over 10 years at an interest rate based on the bond sale financing this project. Page 5 . RPT49507 J STORM SEWER LATERAL: Storm sever proposed herein is lateral. Therefore, it is proposed to assess all storm sever costs to the benefited drainage area on a square foot basis as shown on Figure No. 2. Trunk area storm sever was previously assessed for this area as part of City Project No. 381 and 319. STORM SEVER PONDING: Storm sever ponding is proposed to be assessed only to the area which drains to Pond EP-4A (Tranby) . The drainage area is shown on Figure No. 4 and is proposed to be assessed on an area basis. SANITARY SEWER: Sanitary sewer proposed herein is considered lateral. It is proposed to assess sanitary sewer on a front foot basis to the property it abuts. Trunk area sanitary sewer was previously assessed as part of City Project No. 29. REVENUE: Revenue sources to cover the cost of this project are listed below: Project Cost Revenue Balance STORM SEWER LATERAL Lateral $129,740 Lateral Assessment $129,740 $129,740 $129,740 - 0 - STORM SEWER PONDING Lateral $ 35,490 Lateral Assessment $ 35,490 $ 35,490 $ 35,490 - 0 - SANITARY SEWER Lateral $ 28,040 Lateral Assessment $ 28,040 $ 28,040 $ 28,040 - 0 - Page 6 . RPT49507 PROJECT SCHEDULE Present Feasibility Report April 17, 1990 Public Hearing May 17, 1990 Approve Plans and Specifications June, 1990 Open Bids/Award Contract July, 1990 Complete Construction September, 1990 Assessment Hearing March, 1991 First Payment Due with Real Estate Taxes May, 1992 Page 7 . RPT49507 3 APPENDIX A PRELIMINARY COST ESTIMATE TRANBY 1ST ADDITION STORM SEWER AND SANITARY SEWER IMPROVEMENTS PROJECT NO. 591 I. STORM SEVER LATERAL 1,700 Lin.ft. 24' RCP Storm sewer, 10'-20' dp. in pl.@ $34.00/1.f. $ 57,800 450 Lin.ft. 12' RCP Storm sewer, 0'-10' dp. in pl. @ $28.00/1.f. 12,600 1 Each 24' RCP apron @ $1,000.00/ea. 1,000 1 Each 12' RCP apron $600.00/ea. 600 6 Each Std. 4' dia. MH w/cstg. @ $1,000.00/ea. 6,000 30 Lin.ft. ME depth greater than 8' @ $80.00/l.f. 2,400 20 Cu.yds . Rip rap @ $100.00/cu.yd. 2,000 1 Each Connect to ex. 36' RCP culvert @ $500.00/ea. 500 6 Acres Seed w/mulch 5 fertilizer @ $1,500.00/Ac. 9,000 100 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd. 1,000 2,150 Lin.ft. Mechanical trench compaction @ $1.00/1.f. 2,150 Total $ 95,050 +5S Contingencies 4,750 $ 99,800 +30% Legal, Engrng. , Admin. & Bond Interest 29,940 TOTAL PART I $129,740 II. STORM SEVER PONDING 8,000 Cu.yds. Pond excavation ! $2.50/cu.yd. $ 20,000 4.0 Acres Seed v/topsoil & mulch @ $1,500.00/Ac. 6,000 Total $ 26,000 +51 Contingencies 1,300 $ 27,300 +305 Legal, Engrng. , Admin. & Bond Interest 8,190 TOTAL PART II $ 35,490 Page 8 . RPT49507 PART III - SANITARY SEWER 710 Lin.ft. 8' PVC Sanitary sewer @ $15.00/1.f. $ 10,650 8 Lin.ft. 8' Outside drop section @ $80.00/l.f. 640 4 Each Std. 4' dia. MN w/cstg. @ $900.00/ea. 3,600 10 Lin.ft. MN depth greater than 8' dp. @ $70.00/l.f. 700 3 Each 8' x 6' PVC 'rye @ $80.00/ea. 240 1 Each Connect MN to existing 18' RCP @ $500.00/ea. 500 50 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd. 500 2.0 Acres Seed v/mulch & fertilizer @ $1,500.00/ac. 3,000 710 L.F. Mechanical trench compaction 1$1.00/l.f. 710 $ 20,540 +51 Contingencies 1,030 $ 21,570 +301 Legal, Engrng. , Admin. & Bond Interest 6,470 TOTAL PART II $ 28,040 Page 9 . RPT49507 c;)-5r a APPENDIX B PRELIMINARY ASSESSMENT ROLL TRANBY 1ST ADDITION STORM SEWER AND SANITARY SEWER IMPROVEMENTS PROJECT NO. 591 I. STORM SEWER LATERAL Parcel Area Assessment Total Description (Sq.ft. ) Rate Assessment SECTION 12 Parcel 010-27 422,400 $0.051 $ 21,701 Parcel 010-28 (Tranby) 117,300 0.051 6,026 Parcel 010-29 472,000 0.051 24,250 Parcel 010-30 106,250 0.051 5,459 Parcel 010-52 39,900 0.051 2,050 Parcel 010-53 630,000 0.051 32,367 Parcel 011-50 424,000 0.051 21,783 Parcel 020-52 46,200 0.051 2,374 AUDITOR'S SUBDIVISION NO. 38 Lot 12 (Tranby) 18,750 $0.051 $ 963 GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION Lot 1, Block 2 156,000 $0.051 $ 8,015 Outlot E 82,500 0.051 4,239 Outlot F 10,000 0.051 513 2,525,300 $129,740 Page 10. RPT49507 0-C-j2 II. STORM SEWER PONDING Parcel Area Assessment Total Description (Sq.ft. ) Rate Assessment SECTION 12 Parcel 010-28 (Tranby) 117,300 0.040 4,700 Parcel 010-30 106,250 0.040 4,257 Parcel 010-52 39,900 0.040 1, 598 Parcel 010-53 474,800 0.040 19,025 Parcel 020-52 46,200 0.040 1,851 AUDITOR'S SUBDIVISION NO. 38 Lot 12 (Tranby) 18,750 $0.040 $ 751 GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION Outlot E 82,500 0.040 3.308 885,700 $ 35,490 PART III - SANITARY SEWER Parcel Assessable Total Description Footage Rate/F.F. Assessment SECTION 12 Parcel 010-28 820 $19.75 $ 16,192 Parcel 010-29 100 19.75 1,975 Parcel 010-30 370 19.75 7,306 Parcel 010-52 100 19.75 1,975 Parcel 020-52 30 19.75 592 1,420 $ 28,040 Page 11. RPT49507 1;1 A SUMMARY PRELIMINARY ASSESSMENT ROLL TRANBY 1ST ADDITION STORM SEVER AND SANITARY SEVER IMPROVEMENTS PROJECT NO. 591 Storm Lateral Parcel Lateral Sever Sanitary Total Description Storm Sever Ponding Sever Assessment SECTION 12 Parcel 010-27 $ 21,701 $ 21,701 Parcel 010-28 (Tranby 1st Addn. ) 6,026 $ 4,700 $ 16,192 26,918 Parcel 010-29 24,250 1,975 26,225 Parcel 010-30 5,459 4,257 7,306 17,022 Parcel 010-52 2,050 1,598 1,975 5,623 Parcel 010-53 32,367 19,025 51,392 Parcel 011-50 21,783 21,783 Parcel 020-52 2,374 1,851 592 4,817 AUDITOR'S SUBDIVISION NO. 38 Lot 12 (Tranby 1st Addn. ) $ 963 $ 751 $ 1,714 GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION Lot 1, Block 2 $ 8,015 $ 8,015 Outlot E 4,239 $ 3,308 7,547 Outlot F 513 513 $129,740 $35,490 $ 28,040 $193,270 Page 12. RPT49507 \ \ I APOt.LO RD \ \ 1 5 4 2 V 1 W 1 V i J 2 C) 1 \-- Pond EP-4 CD 4 3 . 26 Proposed 24" 5 6 7 8 Storm Sewer 011-50 0� 3 25 Z 060-08 CD 401 FutuPond re t, 4 4 24 eq. o AC) RGHEOLL `r° 010-29 'r4) BNGERS ° G0 5 1st• ADD G2<IN 2 -p TRANBY 0-pc, Maintain Ex. 16" 1st. ADD. DIP F.M. <94LF Existins m 1 ` 16" DP F.M. � — � 010-30 r i 010-52 Ex. 36" Culvert •20-52 Pond Proposed 12" EP-2 Storm Sewer N010-53 011-75 011-50 0 300 600 Pond EP-4A Scale in Enoiron aArd+it*et• Tranby 1st Addition Li Bonestroo Rosene k Storm Sewer Improvements ii ArderUtea Eagan, Minnesota �U� °'. "w. ""^Mat• City Project No. 591 Date: April 1990 jt 1 y Comm. 49507 Fig. No. I) c9 101_02 I I lo 102-02 8 4 3 • 1 3 102-02 Ilk .0 0 '• us ~�r�' 5 6 S 4 3 9 ' ,,,,;,_,,.,,,....„.„ .....s s 4 �� 6 27 l r sF ✓� v G� isiNtiti • 3 4 S ,- 1 ,‘ _,. 4 r= 1 2 I3/ R i �` i 060-08 4 C 'zl �„�' o © Q© 5 PARK NC' 4 "i,,f �i, ; 15 p a© a-- 1 ' . ', j h tt, © 13 0 21 r� ri : "rs "47 1 H fr CHAPEL •�1 11 10 9 RCN sou, ;I...14,414 r r 4•i.i.k*f �,�1 ° IN— ADD, sy t ,,„1,,',,,,,,'.5: . �� 20 �6 N, ST ' -, FA%ei a� KIM il■ . ,,S I r- ,.. }� 030-52 191-03 ,0 ' `a „ r' ,_- 050-52 v 4.. ,;;,-3-, :,+ tk-,Y 12 ,ate w,s ,,. � � r` BY 1ST � A : '4 � '°'7.'r 011-75 i � R� > � AD moN 4^1,�, sy i tom- VI �'` 3 14 191-04 t wc4 00 011-50 �s � . .e BENIF1TTED Irr LATERAL .'1 44: ,,,,wa cp. ASSESSMENT AREA /k N T =. F 0 600 1200 iNK 2ND �� F=: , rk Scale in feet x. Tranby let Addition O Bosener� Ems' ry &Arch�t���� Storm Sewer Improvements Asdsociat Assessment Map el Pouf, Minnesota Dote: April 1990 �g No. 2 ■ City Project No. 591 Comm. 49507 ): 3o 010-27 `f1 iiii0101k Future "j, Pond G., ..L S 010-29 'f.- o O O �� Proposed 24" v• Storm Sewer TRA Y ' A D. 2 Existing BoRCHERL 16" DIP F.M. INCERS�0 1 st. AD • .n _. ow GJ ` 41,. ,.,-..-..=,_ ..v,i--- +. 010-30 010-52 roposed - 2" il - •rm Sew- ' --E--- ., r 020-52 4._ Pond EP-4A N011-50 HWL = 874.0 010-53 NWL = 866.0 0 200 400 MIMI Scale in feet i Tranby 1st Addition LA E"°'""" a'r'' Bonsstroo 0 Rosen. Pond EP-4A Anderllk & 1 Associates Eagan, Minnesota et.Pout henna= City Project No. 591 e Date: April 1990 N. `Comm. 49507 ` Fig. No. 3 k .....3 l 101-02 tot-o1 \a:15 102-02 4 3 2 1 3 102-02 Aa0 US •ors1v /`/o 2 s 4 13co 2 c3\ 6 5 4 3 1 NM i 7 1 EV %owe .. 115 9 27 Oh, 010-27 'S% 3 4 5 I ' '7a:5��® . 2 3 0 :R I ' • �._ s l- c? 060-oe © I 4 � MU s PARK N0. 4 ►, ",c QED e 1 �$ 010-29 *'• © 6 21 22 g 4 ® 13 6 '�y ..is 1 i 10 9 lip OWN LL �\ 11-'c,�•L� �° 81NGE app. '�� - -- m6 ��� 15T _ rid iii�IE -'f! o `__ - $ � 030-52 191-03 10 ° � 11 050-52 `=v k 111 12 sy 4 13 '' TRAN BY 1ST t `." �,��.,. .,, 011-75 ADDmON �` a _ BENIFITTED .e.` .; 14 LATERAL ,� 0 191-04 ASSESSMENT AREA 4 PONDING oio-53 FILI 011-s0 o; 1 F N :f 1 ■ F GA'I , DIP I 0 600 1200 P�K 2ND Scale in feet Tranby 1st Addition everoo Erol�.n d, 'll.`I. Ponding Improvements AnderlIk 6 Associates et Paul. kflnno4ef4 Assessment Map Dote: April 1990 \ City Project No. 591 Comm. 49507 Fig. No. 4 ,.3.. - 1 3 \ :\11-50 �� 'fc GI 4 -r. . o �RCHER7 011-50 �� INGERS°p \ 5 1st. AD \`�'o 2 ° TRAM Ew Bow <�� 1st. App' 1 �tiF I II; 010-30 11 010-52 020-52 ■ Ex. 18" Sanitary Sewer 011-75 Proposed 8" Sanitary Sewer 010-53 \ ` \\ 011-50 Lateral Assessment ....... Assessable Footoge 010- 53 0 num 300 600 Scale in 9offettf"00 Enolrwors di Arehltocts Tranby 1st Addition Jill Bn. Sewer and Assessments 11 A Rosene ere; Eagan, Minnesota St.Paul, "Inneseta City Project No. 591 Dote: April 1990 5 N. • y Comm. 49507 ,` Fig. No. 2, 33 Agenda Information Memo January 3, 1991 City Council Meeting AGREEMENT/JOINT POWERS/1991 RECYCLING PROGRAM FUNDING C. Agreement, Joint Powers for 1991 Recycling Program Funding Between the City of Eagan and Dakota County--Enclosed on pages 3through 37 is the joint powers agreement for 1991 recycling program funding relative to the application approved by the City Council and submitted to the County in July, 1990. The purpose of the joint powers agreement is to incorporate that application's budget and outline a payment schedule. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1991 joint powers agreement for recycling program funding between the City of Eagan and Dakota County as presented. 3 AMENDMENT TO 1989 1990 CONTRACT BETWEEN COUNTY OF DAKOTA AND THE CITY OF EAGAN WHEREAS, the County and the City of Eagan, hereinafter "Municipality", entered into a contract for the provision of the funding of landfill abatement programs, specifically recycling activities; and WHEREAS, the parties desire to amend the Contract so as to enable both parties to continue to enjoy the mutual benefits it provides; and WHEREAS, Paragraph 17 of the Contract provides that any amendments shall be valid only when expressed in writing and duly signed by the parties. NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree that said Contract regarding funding is hereby amended as follows: 1. Exhibit A. is amended by the addition of Part III consisting of the Municipality's 1991 Funding application. 2 . Paragraph 3b, as stated below, is inserted after Paragraph 3a "Program Budget: 1990" . 3b Program Budget: 1991 The amount payable in 1991 shall not exceed Three Hundred Thousand Nine Hundred and Ninty Two Thousand Dollars ($ 300, 992) . The Dakota County Physical Development Director or his designee shall have the authority to approve modifications to Exhibit A, Part III as requested by the Municipality, so long as the proposed modifications do not exceed this amount and are consistent with the County's guidelines. 3 . Paragraph 4b, as stated below, is inserted after Paragraph 4a "Payment Schedule and Annual Report: 1990. " 4b Payment Schedule and Annual Report: 1991 The County will pay the Municipality the grant amount specified in Paragraph 3b in four (4) equal installments, upon County receipt and Page 1 of 3 3 PIPP approval of progress reports, as follows: February 1, 1991 May 1, 1991 August 1, 1991 November 1, 1991 Progress reports shall be submitted in the form prescribed by the County. By January 30, 1992 , the Municipality shall submit its 1991 Annual Report in the form prescribed by the County. The County shall evaluate the Municipality's 1991 performance pursuant to this Agreement. The following evaluation formula shall be utilized: achievement of 14% residential 75 points recycling rate (only 25% of tonnage (5. 36 points per 1%) used to calculate may be yardwaste) conduct promotional programs as 25 points outlined in Exhibit A, Part III The Municipality will reimburse the County the following percentages of funds paid pursuant to Paragraph 3 based on the following evaluation scores: 0 - 50 points 50% 51 - 75 points 25% 76 - 90 points 10% 91 - 100 points 0% If the Municipality receives funding pursuant to this Agreement in 1992 , such reimbursement shall be deducted from the 1992 payments by the County to the Municipality. If the Municipality does not receive such funding in 1992 , such reimbursement shall be made by February 28 , 1992 . Monies received under this Agreement or assets acquired with funds provided under this Agreement which are not used for or do not continue in use for a County-approved landfill abatement project shall be repaid or returned to the County. 4 . In any case where this Amendment conflicts with the earlier Contract, this Amendment shall govern. Page 2 of 3 3 (0 IN WITNESS WHEREOF, the parties have executed this Amendment to the 1989/1990 Contract on the dates indicated below. Approved as o form: ,G COUNTY OF DAKOTA Assistant County Attorney/Date Physical Development Director Approved as to execution: Date of Signature Assistant County Attorney/Date Approved by Dakota County Board Resolution No. 90-819 STATE OF MINNESOTA) CITY OF ss. COUNTY OF DAKOTA ) By: Title Date of Signature Attest: Corporation/Organization This instrument was acknowledged before me on by (title) of (company name) , who, being duly sworn, represents and warrants that he/she/they is/are authorized by law and all necessary board action to execute this contract on behalf of the corporation/organization, intending this contract to be a legally binding obligation of the corporation/organization. Notary Public Page 3 of 3 ctycont 3 � Agenda Information Memo January 3, 1991 City Council Meeting FINAL PLAT/TOWN CENTRE 100 - EIGHTH ADDITION D. Final Plat, Town Centre 100 - Eighth Addition--Final plat documents relative to the above referenced plat are currently being processed by the applicant and the Community Development Department. If all items are completed and executed in time for next Thursday's meeting, the application will be in order for approval. If not, a recommendation will be made to continue this item at the beginning of the meeting. A copy of the final plat as it appears for filing at Dakota County is enclosed on page ,.')C\ for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Town Centre 100 - Eighth Addition as presented. • 3E • I i is it _I_' r1 i ir. lis i I : � ' e i 1i "ii: i I i, ai is i .gii = Ii ii I : :.! ;i = s :i =i• It" i it : j ::1 Liii1 ➢= I I �• a_ :i -: i I 'i: -> > I I s I Ii 31 1 is it , i•:: I : l:: i 3 I 1 ;: 1 II • iii = : i ri -II i i 1: I 81112 1! P 1 I f t. I w I . : sip s: - lie ; I =311 >; l =•IIi i 'AI i II a �/1 I. I . s/ = 1. is i II; ill t toil i°.ii 1;iii .. 3 i i s ` : ` I • 1 I j i •t":t �I 1. -_' ! i� iii ;_ s : !3 i 1311; s_: s p 1 . 3i : i i- rr i E i. i E P. " 1 `gg iiiii i 1i- ' F i . :j : E . - is: • 3 t: I 1 11 i.1i_ l l 13 : 1 • 1 • t e § E _£� ;= 1. ! 1:13 t 1:1°. i:_Yi; 1 6 t s= _'I t ii 1 s Q 1 i i_ 3: 1 Q 1 a =i _ __ ilia: : II : I Q ' i :i § I '=:z3 1 of E _i 3 1 s: 1 t. t I - i:1I li f= t i i= = a i; �aay a s• as as gl y::. as ii I ! ?; I is-' •:i II; 11 zI J ii? EI =: I F„ i 3 ..33 I Qw _ ... .... a I H_ Q c'1 :a _ —7 - r— ----r— • W — �a §. , 1 pia I I I X 'i'1 I I I�`� :LW _ w . . 'f.� I 0 y , eK ; i \..„. z V \Lei ' a +_ i— I is _mss ji 'I ! �I - • 1 t L 141' I Pp ti I�!.I! „ .1 } 5 o go _ 0 _ •0 ; :si -• �,\L'2.L.�yL �..�i i I F1 .� I Cr_w• �q iii - I ' II i 9 ' 1 I i:_ L-1.— _ a I s o o F o _ LIJ 41 n 3(1 Agenda Information Memo January 3, 1991 City Council Meeting FINAL PLAT/TOWN CENTRE 100 - NINTH ADDITION E. Final Plat, Town Centre 100 - Ninth Addition--Final plat documents relative to the above referenced plat are currently being processed by the applicant and the Community Development Department. If all items are completed and executed in time for next Thursday's meeting, the application will be in order for approval. If not, a recommendation will be made to continue this item at the beginning of the meeting. A copy of the final plat as it appears for filing at Dakota County is enclosed on page q I for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Town Centre 100 - Ninth Addition as presented. p •ii it :I = V iii a 1 i' s:. a ' : s : is • s :; •41:! • _c..l : 1 a • i 2 a� i!= i 'iii :'�.� l; • 1 y I i !I - !s" ?i i it1_'sj i:il li 1 i i 1 1 0 i Ej' 11".11 = !i ! IIIII a = lit F- __ I ; ' ` : ti• i! I I z.i } 1:1-:-.ii I.1?1 ?' i r i i I a s I 1• A I ?; Il j i } a i .1 !• _: a a} ' i i ti ii t i s:•. 1 i !'' j4 i'I 1 J j i s i 12 I i Q 1 ::s _>lir. 3I It ; •F °!p ifs 4' p - iii: El i. if B 11 3 sA !a-;;II a: i r a 1 _ 9 Q Z y C • Z . 1"ml O •W_ o _= a 1 .,` s aE i I of! X _ ' = I ! a t'. 11111• :c Z g II ' _ 't`! — f a 1.".;Le.";3,Lt. 1 L' ::U k , s . . L = - Y I� Z i., " 1 . .� •'t_yz.�. r F {pf ; t I F- : F o ._ i, = f � S j 1 I r '1 — _I Y I r II i i % ii 'it I I F !11 --I 7 !i= yam, h r \a'• --"» II :s • \�..� V,J i I Y i h 1 A I I Y. J I I --: _- ' i I it 4 ( Agenda Information Memo January 3, 1991, City Council Meeting APPROVE FINAL PYMT/AUTHORIZE CITY MAINTENANCE (LEXINGTON AVE RESERVOIR) F. Contract 88-24,Approve Final Payment/Authorize City Maintenance (Lexington Avenue Reservoir)--We have received a request for final payment from the contractor through our consulting engineering firm (OSM) along with a certification of compliance with City appproved plans and specifications for the construction of the 4.0 million gallon water reservoir constructed at the intersection of Lexington Way and Diffley Road. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 7th and final payment for Contract 88-24 (Lexington Reservoir) to Brown Minneapolis Tank, Inc., in the amount of $53,770.23 and authorize perpetual City maintenance subject to warranty provisions. ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (CRAY ADDN - TRUNK UTILITIES) G. Contract 87-X, Acknowledge Completion/Authorize City Maintenance (Cray Addition - Trunk Utilities)--The City has received a request from the developer to assume maintenance responsibilities associated with the installation of trunk sanitary sewer, water main and storm sewer facilities within the Cray Addition located between 494 and Lone Oak Road adjacent to Inver Grove Heights. All final inspections have been performed by City personnel and it has been determined that these public infrastructure improvements have been installed in accordance with City approved plans and specifications and are ready for favorable Council action regarding perpetual City maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Contract 87-X (Cray Addition - Trunk Utilities) and authorize the initiation of City maintenance subject to appropriate warranty provisions. Agenda Information Memo January 3, 1991, City Council Meeting ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (CRAY 2ND ADDITION - TRUNK UTILITIES) H. Contract 89-E, Acknowledge Completion/Authorize City Maintenance (Cray 2nd Addition -Trunk Utilities)--The City has received a request from the developer to assume maintenance responsibilities associated with the installation of trunk sanitary sewer, water main and storm sewer facilities within the Cray 2nd Addition located between 494 and Lone Oak Road adjacent to Inver Grove Heights. All final inspections have been performed by City personnel and it has been determined that these public infrastructure improvements have been installed in accordance with City approved plans and specifications and are ready for favorable Council action regarding perpetual City maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Contract 89-E (Cray 2nd Addition - Trunk Utilities) and authorize the initiation of City maintenance subject to appropriate warranty provisions. AUTHORIZE FEASIBILITY REPT (E DIFFLEY RD - STREETS & UTILITIES I. Project 607, Authorize Feasibility Report (E. Diffley Road - Streets & Utilities)--In December of 1990, the County Board of Commissioners formally adopted the 1991-1995 Capital Improvement Program which includes several county road improvements within the City of Eagan. This final adopted CIP incorporated all of the revisions and requests identified by the City Council on October 2, 1990. Subsequently, the County plans to proceed with the upgrading of Diffley Road from the Hilltop Addition (1/2 mile east of Pilot Knob) to TH 3. Due to the lead time necessary to design the project and acquire the necessary right-of-way, it is anticipated that it will be constructed in two segments over the 1991-92 construction seasons. Therefore, it would be appropriate for the Council to authorize the preparation of a feasibility report to review the preliminary design and evaluate the impact on adjacent properties in consideration of scheduling a formal public hearing to discuss the proposed improvements. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the preparation of a feasibility report for Project 607 (E. Diffley Road - Streets & Utilities). 4-5 Agenda Information Memo January 3, 1991 City Council Meeting • CONDITIONAL USE PERMIT/SAFETY KLEEN/OUTDOOR STORAGE A. Conditional Use Permit, Safety Kleen, to Allow Outdoor Storage in a LI (Light Industrial) District on Lots 3 and 4, Block 1, Sibley Terminal Industrial Park Located in the SE 1/4 of Sec 8--The Community Development Department continues to work with the applicant to develop information requested by the City Council with respect to the environmental aspects of this application. This work is not yet complete and although the applicant has expressed a desire to complete it by the January 15, 1990 City Council meeting, it is uncertain if the packet deadline can be met. Therefore, it is suggested that the item be continued indefinitely with the understanding that it will be placed on the Council agenda at such time as appropriate information becomes available. ACTION TO BE CONSIDERED ON THIS ITEM: To continue indefinitely the conditional use permit application for Safety Kleen. Agenda Information Memo January 3, 1991, City Council Meeting iiitiMAYSINg55 STOP SIGN/FAIRWAY HILLS DRIVE (ai) CAMELBACK DRIVE A. Petition, Stop Sign at Fairway Hills @ Camelback Drive--Recently, City staff received a petition from several property owners along Fairway Hills Drive requesting the installation of a 3-way stop sign at the inte section of Fairway Hills Drive and Camelback Drive. Enclosed on pages through 37 is a staff report presenting the petition and the results of engineering and public safety studies regarding this request. Because of the fact that this particular request does not meet any of the warrants to justify the installation of stop signs at this location, the City Engineer is not authorized to proceed with this stop sign installation without formal Council action. The lead petitioner was informed of this request being sch uled for consideration at the January 3 Council meeting by the letter enclosed on?. P ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the request to install stop signs at the intersection of Fairway Hills Drive with Camelback Drive. (- MEMO TO: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS FROM: MICHAEL P. FOERTSCH, ASSISTANT CITY ENGINEER DATE: DECEMBER 12, 1990 SUBJECT: STOP SIGN PETITION 3-WAY STOP SIGN INSTALLATION AT INTERSECTION OF FAIRWAY HILLS DRIVE AND CAMELBACK DRIVE Attached for Council consideration is a stop sign petition received from 11 property owners requesting the installation of a "3-way" stop at the intersection of Fairway Hills Drive and Camelback Drive. Also attached is a map showing the petitioning property owners in relation to the above-referenced intersection. In response to this petition the following issues were investigated to determine if the petitioned stop sign was warranted in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) criteria: 1. An accident analysis was performed resulting in no record of any accidents occurring at this intersection. 2. A speed study was performed during the mid-afternoon of October 2, 1990, the morning of Wednesday, October 3, 1990 between the times of 7:30 - 8:30 a.m. and the mid-afternoon of October 3, 1990. Results of the speed survey indicate that of the 40 vehicles observed at 3 different times on two different days, only two vehicles exceeded the 30 MPH speed limit with the highest speed recorded at 34 MPH. 3. On October 10-11, 1990, traffic counts were taken for the above-referenced intersection indicating that the majority of the traffic is northbound or southbound along Fairway Hills Drive. Traffic counts indicated a volume of 484 cars in a 24 hour period on Fairway Hills Drive north of Camelback Drive, a total of 272 cars during a 24 hour period on Fairway Hills Drive south of Camelback Drive and a total of 115 cars in a 24 hour period using Camelback Drive. These volumes indicate Camelback Drive is the minor street at this intersection. 4. A visual inspection of the above-referenced intersection was performed to determine the extent of the clear sight distances. The results of the analysis showed a sight distance of 300' along Camelback Drive, 360' on Fairway Hills Drive north of Camelback Drive and a clear sight distance from Camelback Drive to Interlachen Drive southerly of the intersection along Fairway Hills Drive. If you need additional information or clarification, please advise. Thank you. Michael . Foertsi, Assistant City Engineer MPF/jf Attachments 4Cc. MEMO TO: PAT GEAGAN, CHIEF OF POLICE FROM: MIKE FOERTSCH, ASSISTANT CITY ENGINEER DATE: SEPTEMBER 28, 1990 SUBJECT: PETITION FOR STOP SIGNS INTERSECTION OF FAIRWAY HILLS DR & CAMELBACK DRIVE INTERSECTION OF SAFARI TRAIL & SAFARI PASS Staff has received two separate petitions for installation of stop signs at the two above-referenced intersections. The Engineering Department will be doing traffic counts and a site distance analysis of the intersections. As in the past, the Police Department has provided an accident analysis and a speed control survey of the intersection. Please provide the accident analysis and speed control surveys by October 9. Response by this date will allow Engineering the opportunity to review the data and make a recommendation to the City Council at the October 16 meeting. I have attached the correspondence presented by the residents in requesting the installation of the stop signs. Thank you for your cooperation. / Assistant CityiEngineer MPF/jj cc: Tom Colbert, Director of Public Works Arnie Erhart, Superintendent of Streets/Equipment Stan Lexvold, Senior Engineering Tech/Construction Enclosure -"� FOR CITY USE ONLY I Date Received 9-v72-90 I To Council H Lt. ) Approved 1' ► I x! PETITION STOP SIGN I/We, the undersigned hereby petition the City Council of the City of Eagan to install stop signs on 2 Corn STOP t-z-c,-a ,4- 4/ at the intersection with I/We, request this installation for the following reasons: 1. h d/ rfr L. 3. ,' 4. I/We request that the City Council take this petition request under consideration at its earliest opportunity and that we be informed as to when it is scheduled so that we may appear in person if we so choose. NAME (Please print and initial) ADDRESS 1. r,, :/. CPI.%c ke# 17/ 1,5"-' f /r ) 2. 1"t(<I; L.I7 y k3 1,G r, r-Y1C1/1 / 3• 'v�� �nc� �- 3�Z �a(itk)a (4 i f�s b' 11. ./. _ _4 AA q/1/7/6 ...7aL4a1,771_4..A //a. 5• top.. ICc I� :, 4/644:, f- > ,-„e D--. 6. c= C /�[�ic� Cities 7l J 5 GGr Jt/("vl1 7. A. .d . '.1IA-) _. �{(rsee) 4J u 8. . . 4(z)-1Q F \\-1, 9. 10. \\, �'�.._� ��... � — LL\3 A rv.,ALI 0% f • Reasons for installing stop signs at Fairway Hills Drive and Camelback: 1) The straight, 4-block stretch between the north entry to the Fairway Hills development and the T-intersection at Interlachen currently has no mechanism to slow the excessive speed at which drivers of cars and heavy-duty trucks are consistently traveling this stretch. The road seems especially inviting for a "give-it-the-gun" surge. 2) There is a growing concern among parents and other residents in the development that the lives of our children are at particular risk. On that 4-block stretch alone, there are about 20 children under the age of 9, most of whom have several friends with whom they play in the neighborhood. 3) The Ohman Park just beyond the T-intersection at Interlachen will bring more traffic through the north entrance, increasing even further the risk to not only children in the development, but to others coming to use the park. The movement of all the children will be even less noticeable by speeders as the trees mature which line the entire stretch on both sides. 4) The north entrance is one of only two entrances which service approximately 100 homes in the development—with several more yet to be built. Stop signs at the middle of this 4-block stretch seems an inexpensive way to help protect the lives of Eagan's most precious resource—its children. 4,c‘ PETITIONERS FOR STOP SIGN 0 FAIRWAY HILLS DR. & CAMELBACK J • a ) 'h .CO RD. T« / .Y DAKOTA COUNTY ROAD RI ONT Of WAY SAP M0.tT O !TA _ O� b b e.-n �t ? _ r ______ _Sr ` i t e' t • r 44 i 11 •• • r...1 • Ti G. . M,1'Me e■• 1 /:NDREM'"i��� s a„ I s �. �E ,o ►o a It i �I It _ ` i C a • I� • • t yp __ I.• ;!t fan it ' 1 MEN t It •; a _ �/ IV n ! le e�Ei. •� wl� � , la o . iit now !4 li,o Yser s i, ■♦ t 1 o A S lo ill . 4,41. 4,..‘ 6431p - I N C e E P , j i J 1 : It • n 1 = it I z t t I I + M W rl•.j .4.,.. t e{.... 17 • i • t IIIIIII %Ail 1 :, ,..... g_ I = 4 sue ..; sl 00 t. • is • El:u , , ., w., , ,,.0. 4 . • • , • 5, .1 t\• . 1 E G • I . ,s.....- ifig 1 .. : 7 \ •. _ I •I \ �/Apt.. �1 sz 1 , b `- j I 11:31 ,o* 41,fr ■ -• x/11 • \ \ 5- ■ ittlii s 1 411141b or f ... . . ,. ...; , i 34 .- 4 2 ' 4.1••• ""11 � , 2 t Y• � Ir e... 1iI �,- �� GEORGE • QN-)- %, 1 4 ;,-\) - .) !1 .•••••02. , 1Z (-6 N. cN o c p qo � H ' h,V 0 t . z 1 .,..; •- __, L 6 A lb i ...i ,,,, •, . ..'c--•„..... 0 *II ki 1 r: --, *•7 i .....* Ill J •- • t O 41.34 2i 1 ..- `; 1 & % 2 -- Z = 4. 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Q V �L ci M MW ° 0 2 H O o a v, HEl 511" Minnesota Department of Transportation Planning Division TRAFFIC DENSITY STATION REPORT County: 2,4/O74 City: EAGAN 1- Station Date a.m. Number: / Removed: /D '// QO Hour: 3:4--S Reading: //S Counter Date a.m. Type: J Started: /D -/0 - 9a Hour: 3:45- ,,ID Reading: / Location: D/✓ GA�1E[d�Al Qe►vE tJ o< �4,Rwar u�cc s a2. Total Traffic: 24 hr.Traffic: Remarks: Factor: A.D.T.: Road Surface Type and Weather Conditions: ::%wi->in%G'v5 Past Year: 2- Station - Date - a.m. Number: Removed: /U -/7 9d Hour:3 15 ? Reading: Z7Z Counter Date a.m. Type: i' Started: /o'/0 -9a Hour:33.5 Reeding: _L_ Location: on) tiq,auA r /4 /us D.2 5 0< G4nit t e,gcx Total Traffic: 24 hr. Traffic Remarks: Factor: A.D.T.: Road Surface Type and Weather Conditions: 6 ',/1(J$ Past Year: 3- Station Date a.m. Number: 3 Removed: /a' '/ - 90 Hour "4 Reading: 48 4- Counter Date a.m. Type: Started: /0-/o - 90 Hour: -1L.4.1407 Reeding: , / Location: ON <A +atin r fins be, Al .40 64'leLB4ck Dicta Total Traffic: 24 hr.Traffic: Remarks: Factor: A.D.T.: Road Surface Type and Weather Condkions: 3i i ury,No ci $ Pert Year: 4- Station Date a.m. Number: Removed: Hour: p.m. Reading: Counter Date a.m. Type: Started: Hour: p.m. Reading: Location: Total Traffic: 24 hr. Traffic: Remarks: Factor: A.D.T.: Road Surface Type an:Weather Conditions: Past Year: • -'DAKOTA COUNTY ROAD PUSHY' OF WAY MAP NO 27 a 27A 1• mo. . - ro o I tit ° 1 76 / ..� ,T n. III it t°' #1.-eV 1. as •n a n•°w G ah lt:::NNW:1`e `e •L 1• • P p i II R f _ t •rse J I A ,, -- '+•q;rH f... •i y• \ i ,7, ! - - o • oI • o .« e s t o . s It op)07 � � _ Ili\ • • 11 R r f •i = y of N I rt«! x 1 0 , . I•6 043'i I I If C � • ,` xi : ,b•p now , *Dr. CIO/ O rE ie - -! - •ili / t \ -!� _ ! � �''r• t ■ry- • Itt 7 1111 99 et° _ 4q It • — la, '' r4 t•re t tio —MO • •,W al ' N il 1 o 17 � I •, , o ,Ri� II °' ______, • _ {I] T 1 : O G:".' t :E Iz e rt•44 • 11 a 1 t w 17 Or Pf ha j s t as e ♦ t I• • 7 • $ '' •'0 r ••• A b w •• = • 84 10 v I A • 1 10 •a° . r••o It•-t•• .I 4 < 4 • • I• • . • • • f / 6 / ' .4" , 4 c,.. , ' ...: ■ . eL, , . 1:18.'\ . •• 4 r �`r 4h,„ to . 40 • t e , + 41 'I* I 4)„,...,: II Z % = U \ J 2 , f l • IS 5 1 4:'tD AZ • I + ,. DRIVE ' ouuol • , t/04/ A = 272 CARS (24 HOUR COUNT) B = 115 CARS (24 HOUR COUNT) C = 484 CARS (24 HOUR COUNT) GEORGE Se- G oU.iot o S FOR STOP SIGN a FAIRWAY HILLS DR. & CAMELBACK '18 . CO. D. _ ....... +r DAKOTA COUNTY ROAD RISNT OF NAY NAP NO. ?? • tTA F a: "'It io s -1n IV - 1111- no • a s s �'. 10 - • 2• % t i •, � '••{ c 4. su s. w t 11 - j♦ 1 v--ma .. +� I 11111 1. ii• �,. rAMOREi �, , . lit r 8::171 ( . -1.- • Oa .1.:Nko i ...1= if.: y >t 4t `_�—� _ Si 1 �' 1 iit i • 4r • moat vet 40 • itioist 6. ;1 of �°g r 14 ! 1• . . 4 11° *t 13 :: sico 10 Ao ' gift— '. i ; it.'7 . i -. .i.i:::::iiiiiiiiiiiiiiii.. .1::.:::::::: • 1 a : ‘, - .::::::M:::::::::i: ...:....:x 1 - i I . .•._.. . . ..•.•. . ::::•: .. .. .. g • 44Q*14t)t4 i.-1 Was . 111 49 r • 4 ii ' _ 1 ~11 % • 1s °p it, ,f o f 1�,, . S y .;.•..:• 0 • 'A� f lOT s ��• 1� i I AO ` T f1... 1' ., 4f, • s ft IP - 4 ID°+ 0) :::.:.:...... n ss. 5, a . . . . . t 4Iprk I'l . . .A104.• .3* \ elp ags " . , • a _ \ • ti _► Hi „ ___, ,, >>ua, _ • city of Cagan 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN, MINNESOTA 55122-1897 ^^a+O' PHONE (612)454-8100 DAVID K GUS1AFSON FAX (612)454-8363 PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Memhe's THOMAS HEDGES City Adminsird!c' December 14, 1990 EUGENECay C OVERBEKE MR LARRY J CROCKETT 4635 FAIRWAY HILLS DR EAGAN MN 55123 Re: Petition For Stop Signs - Fairway Hills @ Camelback Drive Dear Mr. Crockett: As a result of the petition you submitted requesting consideration for the installation of stop signs at the intersection of Fairway Hills Drive with Camelback Drive, City staff performed a public safety and engineering analysis at this intersection to determine if any of the warrants are met to justify the installation of a stop sign in accordance with the City's Standard Manual of Uniform Traffic Control Devices. Enclosed please find a copy of that report for your information. Due to the fact that this request does not meet any of the justification warrants, the City Engineer cannot recommend approval of this request. Therefore, this request is being forwarded to the City Council for their formal consideration at their regular meeting scheduled for January 3, 1991. As the lead petitioner for this request, we will leave the dissemination of this information to other petitioners at your discretion. Sincerely, ENGINEERING DIVISION PUBLIC WORKS DEPARTMENT Enclosure THE LONE OAK TREE...THE SYMB• : •ENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Agenda Information Memo January 3, 1991 City Council Meeting 1991 COMMUNITY DEVELOPMENT BLOCK GRANT B. Application, Community Development Block Grant Designation for 1991--Enclosed on page top you will find a memorandum from Community Development Director Runkle relative to the City's Co unity Development Block Grant funding for 1991. Also enclosed on pages cp I through (I G is a copy of the related application and on page ha a copy of the resoution in this regard. CDBG funds are allocated between Dakota County's three entitlement cities on the basis of population. Eagan's portion in 1991 is approximately $111,000. At the present time,this money is identified for further development of the senior housing project at Park Center. The application reflects this use for the funds. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the application for Community Development Block Grant funds for 1991 as presented. 571 M E M O R A N D U M TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, COMMUNITY DEVELOPMENT DECEMBER 21 DIRECTOR . 1990 RE: COMMUNITY DEVELOPMENT BLOCK GRANT APPLICA TION Please find enclosed a co Grant application submitted by the ERA. 1991 Co may vary slightly an estimate ased City of Eagan Development Block Y s1i Pment Y the federal y once the exact budge the figure h arr County Eagan are government. This get figure has these forms taking their portion year Apple Valle been arrived at on Population splits Y, Burnsville, these population ' Eagan 's the block grant ills, and benefit all have tried to°rtion is $111, 000 funds and based senior three hd work on , 0ro ±. In the site. Apple V communities, however joint Projects which past, to do, and ails Burnsville would 1 Eagan can use y has a retrofit project is working on to architectural do Eagan the money a housing project Y to continue they would like step of the 1991, fees to pay for consisting on with the next project design g °f soft costs gn and construction and If you desire additional in information, please contact me. ' tit■- Community Development Director DCR/j s (2,b Dakota County Community Development Block Grant Proposal Fiscal Year 1991 City of Eagan 3 Legal Name of Applicant Community Development District 3830 Pilot Knob Road Legal Address of Applicant Eagan Minnesota 55122 City State Zip Dale C. Runkle Contact Person Community Development Director (612) 454-8100 Title Phone Number Senior Housing Development Project Name The Dakota County HRA in cooperation with the City of Eagan will be developing a 40 to 60 unit senior rental housing project. Brief Description of Project $111, 000 Amount Requested t 1. Has this project received funding CDBG before? X Yes No 2 . Project duration: One Year Other (Specify) : Proposed beginning date: Proposed completion date: 3 . Grant funds will be used for: Acquisition Clearance Activities Disposition Economic Development Planning Public Facilities Public Services Rehabilitation X Other (Specify) : Related eligible costs for senior housing 4 . Federal objective addressed (attach documentation) : X Benefit to low and moderate income persons Aid in the prevention or elimination of slums and blight Alleviation of urgent community development need 5. General description of the project (include project goals and importance to community) : The Dakota County HRA in cooperation with the City of Eagan will be developing a much needed 40 to 60 unit senior housing project. % of the units will be occupied by low or moderate moderate income persons and the rents must be affordable as determined by the HRA. The Dakota County HRA has a Senior Housing Capital Improvement Program. Land for the Eagan project was acquired in 1990, the building is scheduled to be built in Spring of 1991. (JP P"— 6. Description of project area (attach map) : 2045 Park Center Drive, Eagan, MN Lot 3 & 4 , Block 1, Park Center 7. Persons benefitting: Total number of persons benefiting: 60-90 persons (40-60 unit bldg. ) Percentage of low/moderate income: 100% (minimum) 8 . Construction schedule: Not Applicable X Applicable If applicable: Estimated date construction will begin: Spring of 1991 Estimated date construction will be completed: 9-12 months after construction commences 9 . Project cost: Total project cost: $ Amount of C.D. Grant requested: $111, 000. 00 (Percentage of total project cost) : $ % Source and amount of other revenue: 10. Budget summary by activity: Activity CDBG Other/List Source Total Soft costs and other $ 111. 000 $ $111, 000 eligible costs re- $ $ $ lated to the senior $ $ $ housing development $ $ $ project. $ $ $ $ $ $ $ $ $ Total $111, 000. 00 $ $111, 000 3 11. Additional supporting items submitted with proposal (check if attached) : Benefit documentation (See question 4) X Resolution of governing body requesting grant Additional project information X Map or sketch outlining project area Professional 's certification of feasibility and accuracy of scope and budget (engineer's, architects, etc. ) Letters in support of project/or letters of commitment Other (Specify) : Certification I certify that the statements and application requirements of this official proposal are correct and that this proposal contains no misrepresentation or falsifications, omissions, or concealment of material facts and that the information given is true and complete to the best of my knowledge and belief, and than no bids have been awarded, contract executed, or construction begun on the proposed project. Signature of Authorized Official Date Title (4? 4 Additional Information: Item #4 , Federal Objective Addressed: It is a requirement of the CDBG regulations that at least 51% of units be occupied by low or moderate income person when CDBG funds are used to acquire property for new construction housing. The incomes of the tenants will be verified through an individual application process to ensure that at least 51% of the tenants are low or moderate income. The guidelines of the HRA would require that 100% of the units be occupied by low or moderate income persons; this is determined by using 80% of median area income adjusted by family size. (42 • s .iWe`� � a EAGAN STREET LOCATION MAP j) :,,_ • , -..,-;_;.n.r,.:.^,...1-.'r......4-, fir' ° a^ " tivY ro ❑ ¢ 9 1,I I ... i.,...= ,I. i ,,,! `ti 4 g f$,. .�, i„ � .17d," II .l�r,1- =Q - J <,...., /1 N IQ V. 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Nu_ � "!i --. �- 3 7/i1 gNe(7g .: (12 (f •1 C, 0 I 0..1 J CITY OF Eagan DAKOTA COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF Eagan FOR FISCAL YEAR 1991 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING BE IT RESOLVED by the City Council of the City of Eagan a s follows: 1. The City Administrator is authorized to submit the attached application to Dakota County for a Community Development Block Grant in Fiscal Year 1991. 2 . The application is approved by the City Council and the Mayor and Deputy City Clerk are authorized to execute it on behalf of the City of Eagan 3 . That the Dakota County HRA be designated as the administrative entity to carry out the program on behalf of the City. Adopted by the City Council of Eagan this day of , 1990. Ayes: Nayes: , Mayor ATTEST: , Deputy Clerk (; 1 Agenda Information Memo January 3, 1991 City Council Meeting CONDITIONAL USE PERMIT/VARIANCE CROWN COCO, INC./SIGNAGE C. Conditional Use Permit, Crown Coco,Inc.,to Allow a Pylon Sign and a Variance for the Height in Excess of 27'on Parcel 10-01900-011-55 Located at the NW Intersection of Nicols Road and Diffley Road in the SW 1/4 of Section 19--At its meeting of December 20, 1990, the Advisory Planning Commission held a public hearing relative to the above-referenced applications. The applicant was previously before the City Council on August 7, 1990 requesting a conditional use permit for a pylon sign and variances of 23' to the sign height and 63' per side of sign area. The applicant modified this application prior to returning to the Advisory Planning Commission on December 20. For additional information regarding the revised application,please refer to the Community Development Department staff report which is enclosed on ages G through —)„)..for your review. Also enclosed on pages '73 through (/are the dvisory Planning Commission minutes relative to this item. The APC is recommending approval of these items. Additional information relative to this action is included in City Planner Sturm's memorandum which is enclosed on pages cthrough7 ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for Crown Coco, Inc., for a pylon sign and a variance for the height in excess of 27' as presented. l.� a CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT AND VARIANCE APPLICANT: CROWN COCO, INC. LOCATION: 4195 NICOLS ROAD (10-01900-011-55) EXISTING ZONING: GB (GENERAL BUSINESS) DATE OF PUBLIC HEARING: DECEMBER 20, 1990 DATE OF REPORT: DECEMBER 11, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Two separate applications have been submitted requesting a Conditional Use Permit for a pylon sign and a Variance of 23' to the allowed pylon sign height. BACKGROUND: On April 4, 1989 the City Council granted a Conditional Use Permit for a pylon sign. The applicant did not utilize this Conditional Use Permit within a year and as a result, the permit became void. On August 7, 1990, the City Council denied Crown CoCo Inc. a Conditional Use Permit for a pylon sign based on Variances of 23' to the sign height and 63 sq. ft. per side of sign area. The applicant's current request is a Conditional Use Permit for a pylon sign and Variance for sign height only. As proposed, the sign area will not exceed the Code maximum of 125 sq. ft. per side. COMMENTS: The site in question is bounded by Highway 77 (Cedar Avenue) on the west, County Road 30 (Diffley Road) on the south, Nicols Road on the east, and undeveloped property zoned GB on the north. Because the freeway is adjacent to this site, the City Code allows both a pylon and a free-standing ground sign. Due to the proximity to Highway 77, as well as the height of the Amoco pylon sign (50') directly south of the applicant's property, a Variance is being sought from Code maximum height allowed of 27'. The site currently has a 4' x 20' ground sign on the Nicols Road side of the property. The applicant believes the sign height is necessary to be competitive with the gas station directly south of the site, as well as providing "freeway identification" to the site in question. In addition to the pylon sign applications presented in this report, Crown CoCo, Inc. intends to remodel and expand the existing facility at this site. As part of that process, platting and other site improvements will be necessary, such as: • Upgrading parking lot with curb and gutter. • Parking lot shall meet current setbacks. • Landscaping. • Drainage from the site should be conveyed to the City's storm sewer. If approved, this Conditional Use Permit and Variance request shall he subject to the following: 1. All applicable City Codes shall be adhered to. 2. No outdoor storage or display of merchandise shall be allowed. FINANCIAL OBLIGATION - 10-01900-011-55 19-CU-21-11-90 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 he made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amount None SO V ...) _..-.-.;_;.. -------i-7.---"L.Tr--1 . - ' 34 .' i ' 1 • i T. ,7 sc- -- i • , '---...... 12 .- cr,/ _'-1 : ( >'")' .-- f ■D`'.%(„-- - ea ''',., 'CI.ie ...'- '4',.s.tp7> .•, • •- INC,4,K, )) : ,• NS>: 4„ —.ow ,., ,t_..) i--' • , , ft9 _ /\,. , , , r a _,6 ...- I ',./.1 IPt S T A 41 -. --'--- -'\ L , N 0 i P6I -' , I i ..s.t= S. 0‘ •' -' i 1 7' , .." •c..• , .. i ,:_,...-- ilk.; ----■ - c ,A 1 ' A).0'. . -T - -)-----\- .I., ---- - - - , asT — - . • = I I 4, - I I ,./'/ YLE '' . _ L•i 4' a , :. __ - 6 ii-1 Pi :1 CI ,s,/, MI •14401 ,,Pitta411111111 i CANNEL iAN LA rI k r [ 2` 4W I L , L. /;I 11 ,.. r •L II I V Cr t) 1 ' • t Olt ilit OVA: I -• , Lk s' :21, • T7r. r 141:1111W DirrOl ,R0 Di , ...il ", .....-.. .lar it---r.---5 ' (ia 1 . ...'T.7"4PCIII 1 V v. i i g g a 11448ER ■ ,.,,..4-` / 4. ,r(s.. ° t.) ( •:. I .A. . ! d\ PaG.ER ;(‘Ii_44z,■,' v._ (p- ar-Tut fL ,. NW, ,_ MI It ,f,9 -.,. 4 ' C 1 0 ,'Ct ) NW kt. i 2 ,e .1' s) ' 4 4' # tc) , ,-- R l'IrR N 4 i,.... f 4!;`•-•-..„‹. ',n ■ '•„ „/ „t" , z Ut 1 r PARK ,.. ' 41 • ; 1 II!CV iitir\HL eA 1 1:, i , lega ' DA-1)Nw4 ' : i -"I .111".""suPgm..." .4frjr,/: N AMON ' :111'' mc: A 11 CM 1416 :WM 1 .,,f) MEA COWL ANT l' --- 46■5._______-1'\ :•" 1111 ,.) ; I it IA ■ •- .en SW . ..f. ,--....._SW 2 . \ 'c 4 3 ty • J ■ 4 k 2 it i IF f t, ( fr, - . . Fr A I •_...i / 01■1 it CROWN OIL CoMPAN Y .. 319 ULYSSES STN E MINNEArouS, MN 55413 PAVE MILLER 3.31-292.53 SCALE I.i 40' N 4 19S. N (COLS ROAD . • wt.., mite ' W ZoO r` SU d. ♦►16111 ••■•••• D • , • it. • • • W . I 2. 3 i + f I (. 7 e S WI bar& IS 4• '.--"..... iji I::7 4.-0 r ♦stK1►1i 4- 2.t 541-r ' a==r." ,.� ,,a' SD'Spvr d C �0 4 , l 19 ® ww c t1 Pe w[C � ? �bc E P ; .0 - - - - - - RM O� 1n , V y1 D ' a J r ' S 1 a co% 4 0 : 1 a C 1 w.11 - ( � M0 W I M' 1 s t S� I gi a .. - - - - A �3's1.[IV.►KI g E I 2. Li I Thud• S I IA k t C./ I &STOW- 1 s/4.r t.o' �r� MA* ilie 4I FR�STULS• e. Ii A` S> S ,l le f. ►MO sli►J p [ ; up'scra*c.4 . Y c 'ad- yt. L40.ts 1 K_____ - t 1 1 • I . of 1 3 G $ A N 30 I FF LE C j I 1 A MoCO TY C12-) MINUTES OP A REGULAR MEETING OF TEE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA DECEMBER 20, 1990 A regular meeting of the Eagan Advisory Planning Commission was held on Thursday, December 20, 1990 at 7:00 p.m. at the Eagan Municipal Center. Present were members Miller, Hoeft, Graves, Trygg, and Staehli. Member Voracek was absent. Also present were City Planner Jim Sturm, Assistant City Engineer Mike Foertsch, Community Development Director Dale Runkle, and City Attorney Mike Dougherty. AGENDA Miller moved, Merkley seconded, the motion to approve the agenda as prez;ell Lwa. All voted in favor. MINUTES November 27 . 1990. Miller moved, Staehli seconded, the motion to approve the November 27 , 1990 Advisory Planning Commission minutes as presented. All voted in favor, except Merkley and Trygg who abstained Chairman Graves explained the Advisory Planning Commission procedure to the public. CONDITIONAL USE PERMIT - CROWN COCO, INC. Chairman Graves opened the first public hearing for the evening regarding a conditional use permit to allow pylon sign and a variance for the height in excess of 27 feet on a parcel located at the northwest intersection of Nicols Road and Diffley Road in the southwest quarter of Section 19. City Planner Jim Sturm presented an overview of the staff report and a brief application summary. The applicant, Dave Miller, representing Crown CoCo, Inc. , explained that the square footage of the sign had been reduced and that a sight line diagram had been provided for the Planning Commission's information. He explained that traffic traveling north on Cedar Avenue had approximately 800 feet from the point where the sign was visible to the Diffley Road exit. Mr. Miller stated he was available for questions. Chairman Graves thanked the applicant for going through the process. Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 20, 1990 Commissionmember Hoeft asked how the sign compared in dimension to the existing Amoco sign across the street. City Planner Jim Sturm explained that the sign dimensions were identical and explained the location of this particular sign. Commissionmember Gorman asked when the Amoco sign was granted its conditional use permit. Community Development Director Dale Runkle felt the permit was granted in 1981 or 1982. Chairman Graves stated that at least as far as the Amoco sign was concerned, the City had determined a necessity for the variance. Member Miller stated that his calculations showed a vehicle had nine seconds from the time the sign was seen to reaching the exit and that this was not much time. Chairman Graves asked the applicant if competition was the major reason for the sign variance request. Chairman Graves further stated that there was the possibility that additional general business land would develop to the north and they would also request large pylon signs. He wondered if the City wanted more of these 50 foot signs. Member Miller stated that the City needed enough signs to reap the economic benefit and he felt only moderate signage existed today and that there was room for additional signs. Commissionmember Trygg felt that no hardship existed. Commissionmember Merkley disagreed. He stated that the Code allowed sign in its present location. It was merely the height that was at issue. Merkley moved, Miller seconded, the motion to grant a conditional use permit to allow a pylon sign and a variance for the height in excess of 27 feet on Parcel 10-01900-011-55 located at the northwest intersection of Nicols Road and Difficy Road in the southwest quarter of Section 19 . Miller, Hoeft, Graves and Merkley voted in favor; Trygg, Gorman and Staehli voted against. The motion passed. CONDITIONAL DBE PERMIT - R. L. JOHNSON INVESTMENT COMPANY, INC. Chairman Graves opened the last public hearing for the evening regarding a conditional use permit to allow outdoor storage in an LI (Light Industrial) district and a special permit for a fence in excess of six feet tall on Lot 1, Block 1, R.L. Johnson 2nd Addition, located along Yankee Doodle Road and Yankee Drive in the southeast quarter of Section 8 and the northeast quarter of Section 17. ./L-r MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: DECEMBER 26, 1990 RE: CONDITIONAL USE PERMIT CROWN COCO, INC. At the December 20 Advisory Planning Commission meeting, the Commission approved a Conditional Use Permit allowing a 50' tall pylon sign for Crown Coco, Inc. located at the intersection of Nicols & Diffley Roads. A request for the same height sign, with a larger signage area, was denied by the APC and City Council earlier in the year. Crown CoCo initially wanted to be heard by the City's Board of Adjustments and Appeal; however withdrew that request the day of the scheduled meeting. Throughout the process, I expressed to the applicants that I felt a new application for a sign, meeting signage area requirements, would be a more appropriate request. The height would still need a Variance. The applicants agreed and the new application for this proposal was processed since the signage area was reduced approximately 90 sq. ft. to 63 sq. ft. (Code permits 125 sq. ft. per side). At the date of the public hearing, an exhibit was submitted to staff demonstrating the sign height hardship. While travelling north on Cedar Avenue, there is only a distance of approximately 800 lineal feet from the time a motorist would see the sign to the beginning of the exit ramp. Some Commission members felt that this did not support the request, but rather hindered it due to the fact that when a motorist was in the left lane, he may not even be able to get into the right lane (or exit lane) in that short distance while travelling at 55 ± m.p.h. The Commission was concerned about this and the Amoco sign (50' ±) across the street being so close together. It was noted that the area to the northwest of Nicols Road is all zoned General Business. Some members of the Commission were concerned that if the Amoco sign was approved, on what basis could the City deny this application. The motion to approve was 4/3. Note: In the staff report, we listed items that we felt should be dealt with at the time of building expansion/improvement as the site is unplatted. However, these items were for the applicant's information only and were not to be used as conditions on the pylon sign request. No additional conditions were added by the Advisory Planning Commission. Attached is the exhibit submitted to City staff. If you would like additional information, please advise. . nfr- City Planner JS/js / (.0 CROWN COCO., INC. l=Ir l 319 Ulysses N.B. (� Minneapolis, Minnesota 55413 01i� l _ ttt: Mr. David L. Miller - Director of Maintenance DELMAR H. SCHWANZ . SAM M VTVOSS.OM e.e eese Omer tam re The eW M Nb.ss 14TH SOWN RORIRT TRAIL NOS[NOUNT,MINN[SOTA NISS—III4t1•175$ OWIVIYON'R CENTIFICATI CG 15-7-01' OCoPoleD i0 r 5/6A/ ,Q17. . . . .... .-_.. _ . .. --- -------- i .0/rf!fy .-- U (to. ,Pogo 0.4 Jo) 4( Cl'/ST/A/G AMOCO C) I 6o. Ala✓ .t 1 4 � h '' ,',i, l /'/ I / a� / q. 1� Vo A66-- I I •1./ / 0 N BLA6, Q IJk. nr 0 1. j lli \ /4) t, ' / •o / z .41 / / • %-v)/ .. . . • v`1,.• soil/t'-S7" /'o/47 /n .56 P fs/c / 1 hereby o&r11y thM MN Survey.plan.Of biped*so peeved by me or undo.my Wool super/Won end /`//� 2117/a/41 Mat 1 am a duly Reviewed Lend burwym undo. //� r�/� Me Iewe of the!late of Minnesota. I/l zn 9n Delmer M.behwen[ Dated Minnmote ReSlMratbn No.WM Agenda Information Memo January 3, 1991 City Council Meeting CONDITIONAL USE PERMIT/RL. JOHNSON INVESTMENT CO. INC., OUTDOOR STORAGE/FENCE IN EXCESS OF 6' D. Conditional Use Permit, ILL. Johnson Investment Company Inc., to Allow Outdoor Storage in an LI (Light Industrial) District and a Special Permit for a Fence in Excess of 6' Tall on Lot 1, Block 1, R.L. Johnson 2nd Addition, Located Along Yankee Doodle Road and Yankee Drive in the SE 1/4 of Section 8 and the NE 1/4 of Section 17—At its meeting of December 20, 1990, the Advisory Planning Commission held a public hearing to consider the above referenced conditional use permit. The special permit, while a consideration in the discussion of the APC is at the discretion of the City Council and is not subject to review by the APC. The application pertains to an existing fence built without permit approval. This item was previously cited by the City for being in violation of the zoning code and litigation relative to this citation is in progress. For additional information relative to this application, please refer to the Community Development staff rep Art w ich is enclosed on pages through O f Also enclosed on pages "La.—through, for your review are the Advisory Planning Commission minutes relative o this item. The Advisory Planning Commission is recommending denial of the application. Additional information relative to this action is ded in City Planner Sturm's memorandum which is enclosed on pages g through X ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for R.L. Johnson Investment Company, Inc., to allow outdoor storage and a special permit for a fence in excess of 6' tall as presented. SUBJECT: CONDITIONAL USE PERMIT APPLICANT: R. L. JOHNSON INVESTMENT CO LOCATION: LOT 1, BLOCK 1, R.L. JOHNSON 2ND ADDITION EXISTING ZONING: Li (LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: DECEMBER 20, 1990 DATE OF REPORT: DECEMBER 11, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by R. L. Johnson Investment Company requesting a Conditional Use Permit to allow outdoor storage of motor vehicles on Lot 1, Block 1, R. L. Johnson 2nd Addition. BACKGROUND: R.L. Johnson Investment Company has leased a portion of the office building, Yankee Place, to the United States Army. R. L. Johnson claims that a portion of their Lease Agreement called for a secured outdoor storage area for motorized vehicles. Last fall, an approximately 8' tall fence was erected. The applicant was made aware that a Conditional Use Permit is necessary. Since the Conditional Use Permit application was not submitted by R.L. Johnson, the City was forced to issue a citation for the violation of the Zoning Code. The litigation process has begun and the applicant is requesting a jury trial. COMMENTS: The 78' x 175' (13,650 sq. ft.) fenced in area is located on the northwest corner of the site near the intersection of Yankee Doodle Road and Yankee Drive in the existing parking lot. The erection of the fence removed 48 parking spaces from the overall parking lot. City Code allows a maximum height of 6' in this district. The fence closes off the 24' wide drive aisle in the northwest corner of the site, thus not allowing traffic to flow in the manner approved with the original building plan submission. Throughout this process, staff has suggested other locations within this site for the outdoor storage area and they have been unacceptable to the applicant. Staff was, and is, concerned with the visual appearance of the outdoor storage area in such a visible location, as well as impaired internal vehicular circulation. If approved, this Conditional Use Permit shall be subject to: 1. The fence shall have a maximum 6' height unless a Special Permit is granted by the City Council. C\ FINANCIAL OBLIGATION - Lot 1 Block 1 R.L. Johnson 2nd Addition 17-CU-20-11-90 Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amount None $0 D 7 - ,___t __.„. .......‘ 40 , z 4k/ 41 4 1 sw - 1/ ''h.'•z-,, i v &Lot e, / I : ..‘..7 . 4.4,..,....., A cv„, --77 • ...... ....., : L ,.. .. ,..„,„,Erm....._,,,r STREET MAP vx (4" ittr‘.:44,• NW': \ . ' ' NE gt".. rAC,L IT Y NW s 0 s!.iik....."4.4 • . .> /N.Muc • ...It 9 Y LINE ° f 4 sce!" i t ( .., %1 oiLL) ILI i k0-----•'• ' ' —1 ' \,........---") ? , sw \■Z \ -w----, ....... :....... ., v. , , ...... ..,. .., -- eQb.,1121-.1.1. . - , 4'4.. • L c,,: mitie.t.*Cc '7 ', .41 St/411, 40 _ 11: ,,,,.' ''•er.;•■:. - ' 4 '''/% -• '116 •••'.4,441 ,Ar? s , 4/6; • lc :0-, ' -,-..:-,.v. -• xerAir, t , •4 if t 4 ZONING MAP e, ... , •' ( --' ' , ....,,,,,- .0. . 41141: ft. ..,,„ , . ' '!i — ',:- I 4, t• '■ ' •;.' 1 ' !' 4.^ _ .. ..1. . . . ' .. ft 1 - . .4,. ,0/_. DiIV 1 • . , ;11:1,1•1kt.:fli•r • r•L... 1 - ' . • . - .. • ./ i . .I li val • , ... , .„ - • ,.' 9, 1 ' 1 II __,„ 01151 ''' .$" . • :1''.1- -'■ 6-, 10.4 COMP GUIDE PLAN MAP _ . . Ina , t ___ilir - 1 r- . - . • , D—I1 _ , LIE; 1 t14/1P . ,, LB ---- 1 I . 4 D.I .4r1:. Atima 1 . iv 1 , . '11 1 II , . '•pr-hi•„. 1•H), 1 , 14 .‘ • ".••• •' • • •.-1 • 2'. s, ; \ D-111 . :":..! .111._1 41 ..h4D-4 1,-/1-.,r,.•. • •• ., • /71=== 4 0.1; l'''' ....4.:–; Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 20, 1990 Commissionmember Hoeft asked how the sign compared in dimension to the existing Amoco sign across the street. City Planner Jim Sturm explained that the sign dimensions were identical and explained the location of this particular sign. Commissionmember Gorman asked when the Amoco sign was granted its conditional use permit. Community Development Director Dale Runkle felt the permit was granted in 1981 or 1982. Chairman Graves stated that at least as far as the Amoco sign was concerned, the City had determined a necessity for the variance. Member Miller stated that his calculations showed a vehicle had nine seconds from the time the sign was seen to reaching the exit and that this was not much time. Chairman Graves asked the applicant if competition was the major reason for the sign variance request. Chairman Graves further stated that there was the possibility that additional general business land would develop to the north and they would also request large pylon signs. He wondered if the City wanted more of these 50 foot signs. Member Miller stated that the City needed enough signs to reap today and he felt only moderate signage existed y the economic benefit Y and that there was room for additional signs. Commissionmember Trygg felt that no hardship existed. Commissionmember Markley disagreed. He stated that the Code allowed sign in its present location. It was merely the height that was at issue. Merkley moved, Miller seconded, the motion to grant a conditional use permit to allow a pylon sign and a variance for the height in excess of 27 feet on Parcel 10-01900-011-55 located at the northwest intersection of Nicola Road and Difflay Road in the southwest quarter of Section 19 . Miller, Hoeft, Graves and Merkley voted in favor; Trygg, Gorman and Staehli voted against. The motion passed. CONDITIONAL USE PERMIT - R. L. JOBNSON INVESTMENT COMPANY, INC. Chairman Graves opened the last public hearing for the evening regarding a conditional use permit to allow outdoor storage in an LI (Light Industrial) district and a special permit for a fence in excess of six feet tall on Lot 1, Block 1, R.L. Johnson 2nd Addition, located along Yankee Doodle Road and Yankee Drive in the southeast quarter of Section 8 and the northeast quarter of Section 17. • Page 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 20, 1990 City Planner Jim Sturm presented an application summary and background of the issue from the staff report. Mr. Sturm explained that R. L. Johnson had been cited by the City for its lack of a conditional use permit for outdoor storage as well as the fence height in excess of 6 feet. Dave Constable, the applicant representing R. L. Johnson, stated that the application was for a secured parking area and not outdoor storage. He felt that the location of the fence still allowed for sufficient traffic flow. He stated that the applicant had received building permits based on plans which showed the fence in its present position and that a certificate of occupancy had been granted after construction of the fence. He further referenced that the City Zoning Ordinance allowed an armory use in this area. He concluded that Jim Sturm had been very easy to work with but that they disagreed on this conditional use issue. Commissionmember Merkley asked for clarification on exactly what types of permits had been approved. Mr. Constable stated that the building permits had been approved. There was additional discussion about whether or not the driving lane between the fence and the building met Code width requirements. City Planner Sturm stated that it was approximately 10 feet in width. Mr. Constable stated that the plans showed a width of 24 feet as required by the Code. Commissionmember Trygg asked what exactly was being stored or parked in this fenced area. Mr. Constable explained that army vehicles were being stored. Commissionmember Merkley asked if the applicant had looked into the possibilities of relocating the storage to a different area. Mr. Constable stated that it would be too expensive to move the fence and that the alternate location would be visible to the Blue Cross executive offices. Member Merkley felt that the applicant must prove that the driving isle met the Code requirements of 24 feet in width. Member Miller stated that the width was not 24 feet and was probably between 15 to 18 feet. He felt as a practical matter not much traffic would go through there. Member Merkley stated that a 24 foot space was needed for safety. Chairman Graves felt that several conditional use standards had not been met. In particular, the traffic flow, the police and fire access, and other vehicular ingress and egress. Member Merkley felt that the location was detrimental to public health. gr3 LICI, 40 :MI lrl:4f 1O40 rCD Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 20, 1990 Member Trygg asked if the parking requirements were still met due to the elimination of parking spaces with this storage area. City Planner Sturm stated it was a close call. The applicant stated that there was no problem with the parking spaces. Commissionmember Hoeft asked where in the building the Army was located. The applicant stated they were located in the end near the fenced area. Member Hoeft asked what other locations were available. The applicant stated that on the lower side of the hill would be a spot. Member Hoeft asked what was wrong with that location. The applicant stated it was a matter of personal preference. Miller moved, Hoeft seconded, the motion to deny a conditional use permit to allow outdoor storage in an LI (Light Industrial) district and a special permit for a fence in excess of 6 feet tall on Lot 1, Block 1, R. L. Johnson 2nd Addition, located along Yankee Doodle Road and Yankee Drive in the southeast quarter of Section 8 in the northeast quarter of Section 17 based on the following: 1. The use would be detrimental to or endanger the public health, safety and welfare of the neighborhood of the City. 2. The use would not be harmonious with City Code provisions. 3. The use was not compatible in appearance with the existing or intended character of the general vicinity. 4 . The use would create vehicular ingress and egress congestion. 5. Other options for location were available. All voted in favor. ADJOURNMENT Hoeft moved, Miller seconded, the motion to adjourn the December 20, 1990 Advisory Planning Commission meeting at 7:50 p.m. All voted in favor. Secretary - Eagan Advisory Planning Commission CZ + MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: DECEMBER 26, 1990 RE: CONDITIONAL USE PERMIT R.L. JOHNSON INVESTMENT CO. At the December 20 Advisory Planning Commission meeting, the Commission unanimously denied the Conditional Use Permit request by R.L. Johnson for outdoor storage in a Light Industrial district. The Commission dealt with the land use issue and did not make their basis for denial on the litigation process we are currently in with R.L. Johnson. Over the past year, we have made numerous attempts to resolve the issue of outdoor storage on this site, but have been unable to do so. The applicant states that the fence was shown on an interior building permit plan submission. Interior building permits are completely separate from the Conditional Use Permit process and a building permit is not required for a fence. The Commission denied the Conditional Use Permit on Standards Cl, C2, C3, C6, and also added that other options for the location were available to the applicant. Attached is a copy of the Code referencing Conditional Use Permits. If you would like additional information, please advise. • Planner JS/js Attach. AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA AMENDING EAGAN CITY CODE « n ENTITLED LAND (ZONING) " BY CHAPTER 11 USE 2 AMENDING ■ REGULATIONS SECTION 11.40 SUBDIVISION 4 REGARDING CONDITIONAL USE PERMITS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 10 is hereby amended by changing 10.10, Subd. 4, to read as follows: Subd. 4.u*ONDITIONAL 'USE PERMITS (A) Purpose: Conditional uses include those uses which are not generally suitable within the zoning district, but which may under some circumstances be suitable. The applicant shall have the burden of proof that the use is suitable and that the standards set forth in this Subdivision 4 have been met. (B) Application, Public Hearing, Notice and Procedure: The application, public hearing, public notice and procedure requirements for conditional use permits shall be the same as those for amendments as provided in Section 11.40 subd. 5, except that the permit shall be issued on the affirmative vote of a majority of the entire Council. Although specific submissions required to complete an application for a conditional use permit may vary with the specific use and the district in which it is located, all applications for such permits be filed with the Director of Community Development on a form prescribed by the Director of Community Development. (C) Standards: The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: OWill not be detrimental to or endanger tlay r±ublic health, safety, or general welfare of the neighborhood or the City. Q 2 Will be harmonious with the general and apr:4._1.c'kJ.e epe�sif�.c o jectives of the City's Comprehensive Plan and OrdiA53ces be Will be designed, constructed, operated and eaiatained so to Q compatible in appearance with the existing or • intenled character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. E 7 (0 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. Will have vehicular ingress and egress to the property which oes not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. (D) Conditions: In reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. (E) Denial for Noncompliance: If the Planning Commission recommends denial of a conditional use permit or the Council orders such denial , it shall include in its recommendation or determination findings as to the manner in which the proposed use does not comply with the standards required by this Section. (F) Permittee: A conditional use permit shall be issued for a particular use and not for a particular person. (G) Periodic Review, Term of Permit: A periodic review of the use may be attached as a condition of approval of a conditional use permit. Unless otherwise stipulated, the term shall be the life of the use. (H) Revocation: Failure to comply with any condition set forth in a conditional use permit, or any other violation of City Ordinances, shall also constitute sufficient cause for the termination of the conditional use permit by the City Council following a public hearing. (I) Expiration: In any case where a conditional use has not been • established within one year of the date on which the conditional use permit was granted, the permit shall be null and void. If the conditional use is discontinued for six (6) months, the conditional use permit shall be null and void. This provision shall apply to the conditional use permits issued prior to the effective date of this Section 11.40 subd. 4, but the six (6) month period shall not be deemed to commence until the effective date of this Section 11.40 subd 4. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation" and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. Dated: CITY OF EAGAN By: Thomas A. Egan Its: Mayor ATTEST: By: E. J. VanOverbeke Its: City Clerk Date Ordinance Adopted: February 15, 1990 Date Ordinance Published in the Legal Newspaper: • MINUTES OF::Ai $G13 ME iG OF THE EA4:N, CI1 Y COUNCiV. '4,agan, Minnesota A cember 18, 1990 A regular meeting of the Eagan City Cb :wa he1W::on Tuesday, December 18, 1990, at the Eagan Municipal Center. Present were Mayor Egan and Ctiiiiriieilitteaifiers Wachter,Gustafson,McCrea,and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. City Administrator Hedges said that the folloviFieg ifein wdti}d be recommended for continuance to the January 3, 1991 regular City Council meeting: Item V, Consent Agenda,Agreement for P:41::''iat,Trajq 'ist Addition. Wachter moved,McCrea seconded a'niotion to approve'the agenda for the December 18, 1990 regular City Council meeting. Aye: 5 Nay: 0 MINUTES ........................ Councilmember Gustafson asked that.ahe spelling of John Westley's name be corrected on page 7 of the minutes of the December 4, 1990, regular Cfly Council meeting. McCrea moved, Wachter seconded a motion to approve'the_minutes of the December 4, 1990 regular City Council meeting as amended. Aye: 5 Nay::.:#) • Councilmember McCrea asked that.th oiosed $25 surcharge referenced in the November 27, 1990 special City Council minutes be clarified asat $ts obligation. Gustafson moved,Wachter seconded a motion to approve the minutes of the November 27,1990 special City Council meeting as amended. Aye: 5 Nay: 0 !AR' $ ; �..� DEPARTMENT OF PARKS & RECITATION.CITATION AWARD FOR PARK RANG)✓:PROGR;4 M MINNESOTA RECREATIOAND PAR# ASSOCIATION Director of Parks&Recreation Ken Vraa introduced Beam Anderson who is the Director of Parks& • Recreation for Inver Grove Heights. Mr.Anderson was in attendance to present a citation award for the City's Park Ranger Program on behalf of the Minnesota Recreation and Park Association. Mr.Anderson said it was a pleasure to present the City of.Fagan with its fourth consecutive award. Mr. Anderson said the City of Eagan was not only the first to receive(*citations but the first community to receive two. Mr.Anderson said a hallmark of Eagan's Park Rangers Progi.am was the number of participants. He said the City had 25 students involved in the Prue.#•ro ..:tlie agc of 15 to 21 years and since the program's inception,6,000 volunteer hours and 50,000:n ilitili t sii:lggged:by these volunteers. Then on behalf of the Minnesota Recreation &Park Association,Mr.Anderson presented the 1990 Citation Award for Excellence to the City of Eagan for its Park Rangers Program. Mr. John VonDeLinde, Eagan's Park Supervisor, then presented the Presidents Award from the Minnesota Park Supervisors Association to the Mayor and City Council, also for the Park Rangers Program. M Page 2/EAGAN CITY COUNCIL MINUTE': `: December 18, 1990 "" >X Mr.VonDeLinde asked Police Chief Pat Gea,t,Arkfor a brief presentation and introduction of those Park Rangers in attendance. Chief Geagan said he was very impressextliiiiiiiiiiibei of hours donated by these young people. He said it approached the equivalent of three full-time employees. The Chief said the community should be very thankful for the work performed by these young people. He then recognized Mr.Kevin Lazarchic for his recent achievement of being selected Law Enforcement Explorer of the Year for the Boy Scouts of America's Indianhead Council. The Explorers then introduced themielves•iinil itl ey vn'ere:' Ans Ericson,a second year student at Inver Hills Community College;Jeff Albee, a sophomore at: an Higf ;$chool;Rob Merrill, a sophomore at Inver Hills Community College; Kevin I a7archic,who has his::Law Enforcement degree; Laura Hampton, a student at Burnsville High School; and Derek Shostag, a soA iore at B oseinount High School.• The Mayor acknowledged the students'and their con€iriliiition to the City. City Administrator Hedges then took the opportunity to introduce Rick Brasch,who is the new Water Resources Coordinator for the City. Mr. Brasch began work with the City on December 3. CONSENT Councilmember Wachter questioned the; ty's liability,:iii:;regard to Items C and D which dealt with refuse hauler license renewals and the Dakota County:yar ;v'v*ste:'compost lease agreement respectively. He asked who was responsible for insuring these;:.s rs+ices ''''City Administrator Hedges said City staff would investigate. A. Personnel Items Item 1. It was recommended that the hiring of Ross Anderson,Brad Corl,Seth Gilbert,Rob Helebrant, Martha Henderson, Shelagh More,Aaron Moai za,:Jeff.Olsot0.oe.Rossini,Josh Sadek,Nancy Stachel, Dan St. Peter,Joe Thull, Joe Tracy and Nathan Young as.Wiiit R ct ataxi Leaders be ratified. Item 2. It was recommended that the contract wit# Healtli:Gounseling Services to provide the Employee Assistance program for the City of Eagan for calendai?::year 1993 for the total contract amount of$2,124 be • ratified. Item 3. It was recommended that the compensation and benefit adjustments for non-collective bargaining employees for 1991 be approved as shown in Exhibit A. It was recommended that a 4% compensation rate for calendar 1991 for all seasonal/temporary/contractual employees, with the exception of winter recreational leaders,be approved as presented. Item 4. It was recommended that the reorganization of le Community Development Department, including making the Assistant Chief Building: Rl:;resgc rsible:for supervising the Building maintenance Division and changing the remaining Planigz I;: :to zhal,of Senior Planner (K exempt compensation range), effective January 1, 1991,be approved. • Item 5. It was recommended that the hiring of Mikg:pike as a temporary engineering intern be approved. • r Page 3/EAGAN CITY COUNCIL December 18, 1990 Item 6. It was recommended that tli§; epatitis B vacciric:.policy be approved as presented. Item 7. It was recommended that the ti ta4porkt r h g.of Michael Finnegan as a Seasonal Parks Maintenance Worker and Ben Anderson as a Maintenance Worker be ratified. B. 1991 Pet Shop Licenses It was recommended that the 1991;P.et:Shop..lii nses•.foT..Heartland Pet and Town Centre Pet be approved as presented. C. 1991 Refuse Hauler License Renewals • It was recommended that refuse hauler license:znewals f it 1991 be approved as listed in Exhibit B subject to the future addition of plastics and::corrugated ca;rdIioa cl to the targeted recyclables list. D. 1991 Lease Agreement. Dakota County Yardwaste Compost Site It was recommended that the 1991 lease agreement for Dakota County use of Municipal Center property for a yard waste compost site be approved as presented. E. Resolutions for Study Areas A.I;amid:0:Qpzonings and/or Comprehensive Guide Plan Amendments • It was recommended that the resolutipns for'tlte':.•reioning and/or comprehensive guide plan amendements for Areas A, I, and Q of the multifamily land.study• approved as presented. • F. Ordinance Amendment Incorpo tiiig l eer:Wine and Liquor License Fee Approved July 17. 1990 • It was recommended that the ordinance amendment incorporating the beer,wine,and liquor license fees approved July 17, 1990, be approved. G. 1991 Special Revenue Fund Budgets It was recommended that the 1991:Viii.ar.g.6.tilie;1 uit4 Budgets be approved as presented. H. Senior Citizen Special Assessment Deferii, t - Warkentien It was recommended that the senior citizen speiial assesisinient deferment application for Warkentien • be approved. I. Contract 90-17.Receive Bids/Award Contract (#3 & #4 Well & Pump Repair) It was recommended that bids for Contract 90-17 (#3 4.:#4 Well and Pump Repair) be received and the contract awarded to the lowest responsible bidder and the Ma?ii.k and City Clerk were authorized to execute all related documents. • J. Renew Joint Powers Agreement:•f4Aii::H iiiii og Watershed Management Organization It was recommended that the Joint Powers Agreemeig:.be approved as revised•for the Blackdog Watershed Management Organization and the Mayor and City Clerk authorized to execute all related documents. • V Page 4/EAGAN CITY COUNCIL MINUTES December 18, 1990 K. Project 600. Receive Feasibilitii*OportiOrder Pi1i Hearing (T.H. 149 and Beecher Road - Intersection Improvement) It was recommended that the feasibility re ?tbè received for Project 600 (TH 149/Becker Road - Intersection Improvements) and the public hearing scheduled to be held January 15, 1991. L Contract 89-08.Approve Final Payment/Authorize City Maintenance (Wells #14& #15 Pumping Facilities ......... It was recommended that the 9th and final paent to AAIK Construction in the amount of$30,162 for Contract 89-08 (Wells #14 and #15 - Pumping Facilities) be'approved and City maintenance authorized subject to all appropriate warranty provisions M. Contract 86-SS.Acknowledge ojiiiiiiiCti6n/Aiii:City Maintenance (Lexington Hills-Utilities N. Contract 86-NN.Acknowledge Completion/Authorize City Maintenance(Oak Cliff Ponds-Utilities) It was recommmended that the completion of Contract 86-NN (Oak Cliff Ponds - Utilities) be acknowledged and City maintenance authorized subject to appropriate warranty provisions. • • 0. Contract 88-E Acknowledge Ccithiti08ii/434horize City Maintenance(Burr Oak Hills 2nd Addition -Streets & Utilities) "•••••.•:•:•:•::•••••••••••••••• -:-.• " .......... It was recommmended that the completiop of ContliaCti#0;!E(Burr Oak Hills 2nd Addition-Streets& Utilities) be acknowledged and City maintenance.a40iiitiabject to appropriate warranty provisions. P. Contract 89-I.Acknowledge Coiiipletion/Authorize City Maintenance (Blue Ridge 2nd Addition - Utilities It was recommmended that the completion of Contract 89-I (Blue Ridge 2nd Addition - Utilities) be acknowledged and City maintenance authorized subject to appropriate warranty provisions. •••••••••••••••• ••••••••• Q. Contract 87-L.Acknowledge Maintenance (Summer Place Addition - Streets & Utilities) ..•.•. '•• It was recommmended that the completion:ci Contract 7-L (Summer Place Addition - Streets & Utilities) be acknowledged and City maintenance autli6:iized sulI00 to appropriate warranty provisions. R. Contract 90-A.Acknowledge Completion/Authorize City Maintenance(Duckwood Square Addition- Utilities) It was recommmended that the completion of Contract;*A (Duckwood Square Addition - Utilities) be acknowledged and City maintenance authorized subject to afr!tirisivriate warranty provisions. S. Contract 88-G.Acknowledge Maintenance (Cutters Ridge 1st and 2nd Additions - Streets & Utilities) .......•.• It was recommmended that the completion of Contra4*-G (Cutters Ridge 1st and 2nd Additions - Streets&Utilities)be acknowledged and City maintenance authorized subject to appropriate warranty provisions. ....•••••••:•:•:•:•:•:•:•:•:•:•:•:•:-::::::::.•-• Page 5/EAGAN CITY COUNCIL December 18, 1990 -....•.• •••••:•:. T. Final Plat Hoeft Addition It was recommended that the final plat::0.:*:.wok::Aitilition be approved. U. Final Plat,Unisys 2nd Addition It was recommended that the final plat for the Unysis 2nd Addition be approved. V. Agreement for Final Plat.Tranby 1st Adtp • ..... It was recommended that the agreement for Pitial Plat oftlii Tranby 1st Addition be continued to the January 3, 1990, regular City Council meeting. .•.•...•. .-:•:•:•:. W. Agreement Joint Powers for Stitt•lg;;Sit;Tepi.i*•04:Sealcoating .•.•.•.• It was recommended that the 1991 Joint Powers Agreement for contractual striping, sweeping and sealcoating services be approved. Gustafson moved, Pawlenty seconded a motion to approve the Consent Agenda as presented with the exception of Item V,Agreement for Final Plat,::Ti-anby 1st Addition which was continued. Aye: 5 Nay 0 SPECIAL CItii::66000g:MEETING ....• Pawlenty moved,Wachter seconded a motion to set:Jai**8, 1991 as a special City Council meeting date for the purposes of interviewing prospective.*004..fiiii:the City's committees and commissions It was recommended that the meeting begin at 5 30 p m Aye 5 Nay 0 :::::.•••• IMPPIIMMAIPA VACATION/WINDTREE 3RD ADDITION Mayor Egan introduced this item a's:...ii.:y.400.11;:"Of:a::ppFtkiii of drainage and utility easement (Lot 6, Block 1,Windtree 3rd Addition). City on September 4, 1990,the City Council had considered and denied a side yard setback varianT.e.for this:parcel. He said that during the application process,it was discovered that the existing house was iiiiiidvertent104cated within the common lot line drainage and utility easement on the east side of the parcel. He said that*property owner had subsequently submitted a petition requesting the vacation of a portion of the side lot lineii.diainage and utility easement. No objection has been received to this application. Mayor Egan then asked if anyone was present to address the issue. None was. McCrea moved, Gustafson seconded a motion to close the public hearing and approve the vacation of a portion of the side lot line drainage and utility easement as described as Lot 6,Block 1,Windtree 3rd Addition. Aye: 5 Nay 0 '::::.;;;:{0.1KIAKFW:::::::; • REQUEST TO WAIVE FEES/SANITARY SEWER REQUIREMENT • TRINITY LONE OAK COORCH :::•:•:.: After introduction by Mayor Egan, the City Administrator said this item had been before the City Council at the last regular meeting on December 4. He said at that time, the City Council had questioned the r Page 6/EAGAN CITY COUNCIL December 18, 1990 precedence and previous actions with respect;tosimilar uses. Z'its questions were researched and were part of the packet information included for Council's. :e py.,•.•.Mr,H s said that the Trinity Lone Oak Church had asked for a building permit for remodeling, but'wi i:t# a cation the City had asked that the property be platted. Mr. Martin Schuetze, representing Trinity Lone Oak Church, said there were two things they wished to address with the Council: 1)the waiver of fees and 2)the sanitary sewer line extension. He said the church had reviewed a letter from the Director of Put�iig.:W&ks ragar,tling:a:possible solution to the sanitary sewer issue. Mr.Schuetze said the church had no problem r: rdie suggested:solution. Mr.Schuetze said he had met with the adjoining property owner, Mr. John Kolb, and MfAcplb was ii:: o hurry to hook up to the sanitary sewer system. He said this was especially true since he has a number oflbarns and garages on his property and any future extension through his property could be disruptive. Director of Public Works Colbert staid 7.#teiproperty'stitit:of Trinity Lone Oak Church could be served from two different directions. He said there was no immediate need to hook up to this utility and the issue could be deferred to a later date. He said the City would ask, however, that the church provide an easement for the installation of a future utility line to this property. Mr.Colbert said that the proposed agreement used for Trinity Lone Oak Church would be similar to an agreement developed with the Advent Church and would indicate that if the sewer had to be installed at a later date through the Trinity Lone Oak property,the easement would have been dedicated as a condition of the plat. I;e:said.that the cost of the sanitary sewer could then be spread as an assessment against the property to minimi :Oei:ittmediate financial impact to the church. • Mayor Egan noted that the City had frequently waived..tbe parkland dedication fee. He said the agreement outlined by Director of Public Works(olbert.seemd:•tai:be a reasonable solution considering there was a precedence for it and the fact that Trinity Lone:galc Cliiirch was one of the oldest existing facilities in the City. • Councilmember Wachter said that he agreed it was an appropriate handling of this item as it was similar to what had been done for other churches. Wachter moved, McCrea seconded a motion: 1) to approve a request from Trinity Lone Oak Church• to waive the park dedication fee and the ware':40..•tyfe aril;: )>to approve a waiver of Condition 6 of the preliminary plat relative to extension of the'•sanitary.seii+er::seriri:e: irovided such service is guaranteed through the dedication of a utility easement. Councilmember Pawlenty acknowledged that E>a sanitary sewer issue appeared to be resolved and the park dedication fee waived but questioned whether the'other fees:i: guested were also waived. Councilmember Gustafson said he understood that the park fee was waived, the sanitary sewer line deferred with a stipulation that an agreement would be drafted and payment of the extension would be made at the appropriate time and that all other fees would be paid. Martin Schuetze disagreed saying that in addition to those items addressed, the church was still contesting the trail dedication fee,the water quality fee and the f# plat escrow.Councilmember Pawlenty said that the church had attempted to make ths.case..that.since they..were not a subdivider, they should be exempt from all development fees. He asked Dir or 'C imm:400.1 velopment Runkle if, for instance, the Trail Dedication ordinance applied only to that the Trail Dedication policy had only come on line in the last six months and had been applied:to subdivisions on a per lot basis. The Councilmember then asked City Attorney Sheldon the definition f a "subdivider." Mr. Sheldon said it was a generic term for a person who plats property. • • NNW Page 7/EAGAN CITY COUNCIL ivTQ UTE :': f `:?:';'''.'.'. ::''''':'• December 18, 1990 Mr. Schuetze said that the fees beings lagged the Trinity.Lne Oak Church are just over$16,000. He said they were not contesting all of the fees but:wtte.opposed to:pig the trail dedication fee,the water quality fee and the final plat escrow. Mr. Schuetze said 4i iw trio:# :rii perspective,the fees would be$16,000 even if the church was building a$50,000 addition. He said iat'a subdivider could pass the costs along to the buyer and a corporation could pass these costs on to the consumer through higher prices or receive a deduction in the fees through depreciation. He said that the church is exempt from most taxes and he contended the fees that they were contesting are user fees or fees that are like a "tax." In addition, Mr. Schuetze said the church had no need for a trail system on their property. : ::said:the.cliurch.wAs,reiquesting a waiver of these fees because: 1) there was strong public policy and supportt:o :t1ie waLvi t........T inify Lone Oak Church is not a subdivider and 3) the substantial amount of money being spent on the~iii modelliiii rn order to retain its historic flavor. Councilmember Wachter suggested the possiity of waiving the water quality fee because it was instituted after the initial application by Trinit, l...0* :Churci Councilmember McCrea said that she would support that action but was concerned that::any oiner nou profit::Organization be treated accordingly as she wanted all public policy to be applied equitably. Councilmembe Wachter said his reasoning for the waiver was only one of the timing of the application. In response to Mr. Schuetze's questioning the justification for such fees,Mayor Eagan said there were a number of charges that the City had to be able to justify and said he believed the City was very well reasoned in that process. As regards the trail dedication:.fee, Mayor Egan said it was the City's determination that the church and the school campus would have use:fgi:liis.on the property. He said the City had to be reasonable but it also had to be consistent. • For Council's consideration, Councilmei i 1 c r Pawlen ::a is he had been contacted by a member of Trinity Lone Oak Church who said they spoke on:b>half of e?gl'it•other members. The person who contacted Councilmember Pawlenty wished to remain:atit nymoirs'biut it was their opinion that the church should not be asking for a waiver of the fees but should pity its'fair share. City Administrator Hedges said the point had been made in the past that fees such as those being discussed were actually a "tax"for service. He said it was, however, an expansion of an existing system and no matter what the service,it placed an additional burden on that system. Additionally,City Administrator Hedges said that if Trinity Lone Oak has cash floy:::prabletaxs;.:*bey::ixtay::wish to consider spreading the fees as an assessment over a period of time. Councilmember Gustafson then asked the 04. Attorngy:if the assessment of these fees could be interpreted as the levying of taxes against a church? COAttorneyaaid that the charges are absolutely legitimate based on Minnesota State Statutes which refer to tho=sttbdivisioi4::regulations that the City has established in connection with State law. He said these fees are not"taxes"but iii•=fact charges that supplement the system and • provide for those items. He said the City would have no difficulty in justifying these fees. Councilmember Gustafson then said that it had been suggested that the City consider waiving the water quality fee because adoption of the fee may have come after Trinity Lone Oak Church's application. The Councilmember said that if this was done, all other applicants should receive the same consideration. He then asked staff how many others could be waived for the same'reason? Director of Comfit unity Development Runkle said that the City looks at these fees at the time of final plat when they are typically'ealculated and charged. He said if staff knows that an ordinance is coming in or to be '•:'`•:. :•;`,•••::info*:14he applicant of the potential change. The Councilmember said then anything in normally be charged with the application. Mr.Runkle said there was one exception having to do with preliminary plat procedures that does not allow new conditions to be imposed after the preliminary plat was approver. He said if a fee were instituted after a preliminary plat was approved,it could not be added as a condition; Councilmember Gustafson then asked the applicant if they were subdividing their property or had applied only for a building permit. Martin Schuetze said that they had applied for a building permit and were informed at that time that they would have to have the Page 8/EAGAN CITY COUNCIL MINUT' December 18, 1990 ::•:•:•::•••••••••••••• '• property platted. He said because they platted the property:tb y became subdividers and subject to the respective fees. In answer to a question from Mayor Egaii;:. 'ember Wachter said his motion had included a waiver of the water quality fees. Director of Public Works Colbert, asking for clarification, said if the motion passed, it was his understanding that it would require a special agreement for the future sanitary sewer installation,the dedication of an easement over the property,and a trail dedication fee but would waive the park dedication and water quality fees. Counciliuembez.Wachter said that it was an accurate clarification of his motion. Mr. Colbert then said the agreement:Wai# #ieci�ie:: niiithibit to the development agreement and become a recordable document. ' Councilmember McCrea said that if waiver of.tbe water.quality fee was to be part of the motion, she would withdraw her second. She said she was 4 i,ng. so becau she was concerned about the equitable implementation of the fees. Because he spo :ib:favor o€:the:b tion, Mayor Egan said he would second it Wachter moved, Egan seconded a motion: 1) to approve a request from Trinity Lone Oak Church to waive the park dedication fee and the water quality fee and 2) to approve a waiver of Condition 6 of the preliminary plat relative to extension of the sanitary sewer service provided such service is guaranteed through the dedication of a utility easement. Mr. Eldon Morrison, the architect:for Trinity..Lone Oak Church said that he questioned the necessity of a final plat. Director of Community Developini64;R. kle.said that it has been a policy of the City with expansions and remodellings to use that opportunity.to upcjate:tiie legal description as well as bring the property up to current development standards. • Councilmember Pawlenty said he agreed h'much that had been said,however,he too was concerned about the consistency of applying the water::giiality'fee. He said the water quality fee was instituted to protect water quality by attempting to deal with the runoff from buildings or parking lots in the City. He said that rationale would apply to church buildings and parking lots as well as any other type. Councilmember Pawlenty said that he respected the viewpoint that this was one of Eagan's oldest landmarks, however, on balance, he would oppose the motion as it was currently structured. Mayor Egan then called the vote. Aye: 2 Nay 3 (Gustafson, • Gustafson moved,McCrea seconded a motiorif;: )to approve a request from Trinity Lone Oak Church to waive the park dedication fee, 2) to approve a waver of C(ipi#ition 6 of the preliminary plat relative to extension of the sanitary sewer service provided such:ki rvice is gu ranteed through the dedication of a utility easement and 3) that all other fees shall be paid. • Councilmember McCrea said that she would consider rebating a portion of the water quality fee to Trinity Lone Oak Church if the Council studied the issue regarding the equitable handling of the fee. Aye: 5, Nay 0 COMPREHENSIVE:;g1gDE::P?LAN,;A IEDMENT/REZONING MULTI-FAMILY: iDE$1I.l Di:STUDY,AREA D Mayor Egan introduced this item as a comprehensive giu tle plan amendment,City of Eagan,Area D, multi-family residential land study, to change the land use designation of approximately nine acres from D-III mixed residential (6 - 12 units per acre) to D-I single family residential (0 -3 units per acre) and the rezoning Page 9/EAGAN CITY COUNCIL December 18, 1990 of approximately nine acres from R-3 townho seresidential to ROingle family residential for property located west of I-35E and south of Lemay Lake ii the.;northwest:: Gd: southwest quarters of Section 10. City Administrator Hedges said that this item was pii00 figinip rehensive R-4 study. He said a public hearing was held June 26,by the Advisory Planning Commissiotn and•'then sent to the City Council•for their September 4,1990 meeting. Mr.Hedges said a number of questions were raised and legal clarification was requested from the City Attorney. The Advisory Planning Commission again reviewed the issue and it was now before the City Council for action. Mr.Hedges said that a legal interpretation of the issues involved were included in a memo prepared by Mike Dougherty of the City AttoteJ?a c��i .• Mr.John Klein spoke on behalf of Area D property owner 1carl Olson and Dick Berger. He said the present zoning was a legitimate and proper use of the'property.'401i. Klein said that it was Mr. Dougherty's interpretation that if the zoning was taken from this property,then:epinpensation had to be given to the property owners in return. Mr. Klein went on to say that.a:; ber of.agt:eements had been made and the City was responsible for upholding their end of the bargain:1 y:reaittin n th'e existing zoning. Councilmember Gustafson said the present zoning was R-3 and R-4 for the property and asked Mr. Klein if the property owners were open to making all of the property R-3. Mr.Klein said that there was no plan to bring in a lower zoning. He said the future developer of the property would in all probability build all townhouses. He said that the demand for higher density development has declined, however, he had seen demands change in the City before. • • In answer to a question from Mayor Egan;City:Attc rtsc!:Sheldon said there was no conditional zoning in the State of Minnesota that would require conditions as a•prart•of the zoning. Mayor Egan said in other words, the City had exacted something without having they•right to..teguest:lt. He then asked the City Attorney if the City was satisfied with the interpretation of the events ::DMr:'Sheldon said the City had no reason to dispute them. Wachter moved, Gustafson seconded, a motion to withdraw a comprehensive guide plan amendment for Area D,City of Eagan,multi-family residential land study changing the land use designation of approximately nine acres from D-III mixed residential (6 - 12 units per acre) to D-I single family residential (0 - 3 units per acre)and to withdraw a rezoning of approximately nine acres from R-3 townhouse residential and R-4 multiple residential to R-1 single family residential as;r pted:.fcw property located west of I-35E and south of Lemay Lake in the northwest and southwest quarters:©f:seGtioi:lfl�::i9. e:::;:$, Nay: 0. CONDITIONAL USE PERMIT/SAFE 'Y KLE /OUTDOOR STORAGE Mayor Egan introduced this item as a conditional use pet i• for Safety Kleen to allow outdoor storage in a light industrial district on Lots 3 and 4, Block 1, Sibley Terminal Industrial Park located in the southeast • quarter of Section 8. He said it was his understanding that the item was to be continued. Pawlenty moved,McCrea seconded a motion to continue the conditional use application for Safety Kleen to the January 3, 1991 regular City Council meeting. Aye: 5, Nay;; 0. REIMBURSEMENT REQUEST/VARIANCE FEES/BRIAN BEBEL Mayor Egan introduced this item its mires£'f{+r:a:rrtl of variance fee for Brian Bebel for a 30' variance to the 50' shoreline setback on Lot 42, Block 1, Duckstrood Estates, northeast quarter of Section 15. City Administrator Hedges said that a request had been receivei::trom Mr. Brian Bebel for reimbursement of his variance application fee relative to a variance application ihi h was considered and denied by the City Council at its May 17, 1990 meeting. Mr. Hedges said that Mr.Bebel was informed that the Council would be willing to consider a variance for a specific house plan without submission of additional fees,but since Mr.Bebel • Page 10/EAGAN CITY COUNCIL MINUTES December 18, 1990 does not have an interested prospect for the property at this timgiie would prefer that the application fee be refunded. For Council's information, City )0iii*sy.ator.::#fili*,:ii said the City does incur expenses with applications such as this for publication and prepraIic Mr. Bebel said that he had sent the City a letter outlining the background and justification for his request for a refund. He said he understood that the City does incur expenses with these applications,but said if he had received proper information at the beginning,he would not have pursued the variance. He said if staff had properly informed him of the way to put.00:41.1:Nariap.eek:145:•rgiquest would have been successful;however, he acted on the information he was given. Mi;:liiliet:44.thaiiiiiiial.....::comments by the City Council at the May 17 meeting, indicated immediately that the applicati**ould nktoe approved. He said he only needed a variance of 3 or 4 feet but was told by staff to go for 30 feet becaiiieyou always ask for more than you need." He said he was never told to talk to his neighbors an.ofiOuld hayi*ne so and explained his request if he had been properly informed. ••.•... Councilmember McCrea said she was not in support of Mr.Bebel's request for refund because staff had already spent a great deal of time on this application. The Councilmember said she would, however,consider a partial waiver if Mr. Bebel came in with another application. Mayor Egan said if procedures were miscommunicated to Mr.Bebel,then he apologized. He said that • Bebel's application should have included atjeaA:a..footprint of the house that was intended to be built on the property. As it was,Mayor Egan indicated that two had opposed Mr.Bebel's variance in addition to opposition from the DNR. Mayor Egan said the diiiiikii: 00:::pNdentary and the minutes indicate that if Mr. Bebel came back with a more complete request,the City Council would waive any additional fees. • Wachter moved, McCrea seconded a.:000.§a:40:•:deay a request for reimbursement of a variance application fee from Mr. Brian Bebel. .•...• Aye: 5 Nay: 0 PRELIMINARY PLAT EXTENSION/STRYKER ADDITION Mayor Egan introduced this item 44:iiii;e10iiitilatie#Osion for the Stryker Addition,located along Beau De Rue Drive and Rahn Road in thñthtciià fStction 19. Gustafson moved,McCrea seconded a motiori*approve::kone year preliminary plat extension for the Stryker Addition location on Beau De Rue Drive and 141an....• Road in northeast quarter of Section 19 subject to the plat conditions as modified: 1. All applicable standard plat conditions shall be adhere to. 2. A survey of the residual unplatted area shall be submitted with the final plat submission for the parcel file. 3. Cross ingress/egress and parking.easemeat...5..shall*:Submitted with the final plat. 4. Setbacks in the parking lot will b is with a new poured in place concrete curb and sealcoating, patching, and restripping. ...•.•.. .......•.• 5. The current overgrown shrubbery shall be trimmed;removed or replaced. Understory trees and shrubs should be planted to screen the parking area. Page 11/EAGAN CITY COUNCIL MINUTES December 18, 1990 -:•:•:. •:.:.:•:. 6. The trash containers should be encibsed in a structure*ttached to the building and constructed of similar materials as the building. The back wfl and the air conditioning units should be covered and the ice cooler should be removed. • 7. The liquor store lot should be cleaned,the weeds removed and it should be either seeded or sodded. 8. The adjoining parking lot shall be sealcoated, patched,a nd restripped. Aye: 5 Nay 0 •' • ...•...•. PRELIMINARY PLAT/CON0MONA:USE PERMIT CLIFF LAM..cP114E.. Mayor Egan introduced this item asapreliminary"platfor the Cliff Lake Center 2nd Addition/RHC Associates Joint Venture I, consisting of one lot on approximately 1.2 previously zoned CSC (Community Shopping Center)acres within the Eagan Hills West Planned Development,and a conditional use permit to allow a bank with drive-thru tellers located along Cliff Lake Drive in the southwest quarter of Section 29. City Administrator Hedges said that this item was first considered by the Advisory Planning Commission at their October 23, 1990 meeting and they had recciii#nancled denial. The City Council considered the request at their November 20 meeting and a number of issu6i.iii.0:.0040.regarding drive-thru lanes,parking stalls,impervious surface and a pylon sign. He said staff has worked'i,iihigln* eloper and resolved these issues. Director of Community Development R4kle wi..54.04:0:0..***iiit out that the issue of the pylon sign had resulted in RHC Associates submitting an applic44: 01,.:**:016iiign to be processed at another meeting. Mr. Runkle said that agreement had been reachajitilsritliCr issues relating to this application. • Councilmember Gustafson asked the Director of Community Development what the dimensions were of the parking stalls. Mr. Runkle said they had all been increased to 10 foot widths. In addition, Mr. Runide said the bank had agreed to a maximum of five drive-thru lanes, including the ATM lane and six parking stalls near the exit area were proposed to be eliminated. He said these changes would in turn reduce the impervious surface for the project from 58 percent to 52.0.5.:pki;00t::::HOz;$1141::plis was essentially a much better plan. Councilrnember McCrea then asked why ther.e were n:.:fees included for water quality with the preliminary plat and asked how the developer was fulfilling that obligation. Director of Public Works Colbert said that a pond had been constructed with an earlieriAnse of chif.:klevelopment to handle the entire ultimate runoff from the property. Mr. Colbert said there were tifiree ways*o water quality fee requirements and that was through land dedication, cash dedication or a combinatiOd'Of the two. Mr. Colbert said that the Cliff Lake Center had constructed a pond which was more than adequate to handle 100 percent of the runoff from this development. Councibnember McCrea asked if the developer would pay a quarterly fee and Mr. Colbert said as user fees only. Wachter moved, McCrea seconded*a motion to approv :*:fireliminary plat for Cliff Lake Center 2nd Addition/RHC Associates Joint Venture I, consisting of one lot On approximately 1.2 previously zoned CSC (Community Shopping Center)acres withinAktilkIONV*Pitnned Development subject to the following conditions as modified: .•...•... . ••• 1. These standard conditions of plat approval as adiited by Council action on July 10, 1990 shall be complied with: Al, Bi, Cl, C2, C4, Dl, El.;'"Pi, and Hi. Page 12/EAGAN CITY COUNCIL ' .; December 18, 1990 2. The City,the DNR, and RI 40-Associates shall.esbet into a restrictive environmental covenant agreement should the impeiwit as:;surface of..#a t::1; Block 1, Cliff Lake Center 2nd Addition exceed 42.017 percent. 3. On-site parking stalls shall be approved as per the plan dated December 7, 1990. 4. Drive-thru lanes shall be approved per the site plan dated December 7, 1990. 5. A maximum of five drive-t i ;lanies;::idui g th ATM lane,shall be allowed. 6. All trash and recycling containers shaffbe stored:insirde or outside in a trash enclosure attached to the building and made out of the:one mater as the main building. • 7. Lift top mechanical equipment::sh 'not: ;v itif e'from the street. 8. All signage shall meet sign code regulations and be subject to the one time sign fee of$2.50 per square foot. 9. The site shall be allowed one monument sign. Councilmember Gustafson wished t'oa:mak ::a:comment regarding"shoe horning". The Councilmember said he was familiar with this development and while#t:w.as smaller,his only concern would be with other new developments wishing to be placed in a small area. Mayor•.tgaa,said it was important to understand that the changes had substantially reduced the intensity of the developmieilt. He said there has been a reduction in impervious surface,drive-thru lanes,and he was,fa :iess::concerned than when the item was before the Advisory Planning Commission. Gustafson moved, Egan seconded a motion to approve a conditional use permit to allow a bank with drive-thru tellers located along Cliff Lake Drive in the southwest quarter of Section 29. Aye: 5 Nay: 0 (During the City Council break afte* e: cl0.4n::ofCld:Business, a petition was received from the residents of the Donnywood neighborhood::regaridi4i0 if:::agreement with a Comprehensive Guide Plan Amendment for Area D of the Multifamily Reside3ntial Study...:•:,It was not formally presented during the discussion of this item at the meeting.) NEW:€B S11 JE ': 1991 CIGARETTE LICENSE RENEWALS After introduction by Mayor Egan,City Administrator Hedges said this item was for the consideration of the renewal of the 1991 cigarette licenses. He said because.work sessions have had such heavy agendas, consideration of restrictions on vending machine sales of cigarettes:had been continued. However,Mr.Hedges said that staff was leaning toward renewal of the present cigarette'licenses and a study of the issue. • Councilmember Pawlenty express 'ia: es' i der restrictions on the availability of tobacco to minors but because the agenda item was not well advertised,.he:was hesitant to take such action at this time. Councilmember Wachter said he was not in favor of vending ni :cine sales of cigarettes and said a concerted effort should be made to place this subject on a special City Cite cil agenda. Councilmember Gustafson said he was willing to consider approving the 1991 renewals and then devising an action plan sometime during 1991 to deal with the subject or delaying approval of the renewals with discussion of policy at a January workshop and Page 13/EAGAN CITY COUNCIL MINU'P ::.' ;.''::'::::`•''::': ':`• <:?'. December 18, 1990 action at a February Council meeting. The 60cilmember said*:was not willing to ban cigarette vending machines from all establishments at this time,because.it would,negitijre overhead racks for over the counter sales. He said the renewals could be approved for six i* this owing the City Council to study the issue. • Councilmember McCrea said the issue merited a lot of discussion. She suggested the Council approve those licenses ready for renewal with a letter to the applicants telling them the City was studying the entire issue of availability of cigarettes to minors. Mayor Egan asked the City Attorney if the Council delayed approval of the renewals in order to discuss policy at a Jan uacy.warkshop whetb r the applicants would be operating without a license. City Attorney Sheldon said the licei 5::r urr$: i::ann :ienewal. He said it was an ordinance that could be amended without a public hearing at any time,the City Attorney said it would not be appropriate to just allow the licenses to expire without an extension or without withdrawing the ordinance. When asked by Mayor Egan how it could best be handled, City Atto*:Sheldon.svggested the existing licenses be extended to a date in the future. Councilmember Gustafsp.n..a5k ::if the.19!¢ :license renewals could be granted for six months. City Attorney Sheldon said the:.::Atdinaiice.:: iiiId:::be' changed granting six month approval. Councilmember Pawlenty asked why the licenses couldn't beissued and then rescinded. City Attorney Sheldon said issuing the licenses for an entire year and then rescinding them could cause difficulty in the future. McCrea moved,Wachter seconded a motion to approve the 1991 cigarette license renewals as presented on December 18,1990 with expiration to occur July 1,1991 with a letter being sent to each of the license holders informing them that the issue of the vending.machine sale of cigarettes would be studied in 1991. Aye: 5 Nay 0 1991 PARK AND TRAIL:•DEDICATION Mayor Egan introduced this item as the 1991.:piark sication and trail dedication requirements. City Administrator Hedges said that Dorothy Peteison.P reation Supervisor;and Ken Vraa,Director of Parks and Recreation; were present to answer any questions. Councilmember Wachter said that the fees for homes were becoming so expensive that it was his recommendation that the single family fees be held to a maximum of$700. Mr. Vraa said that it had been an item of debate at the Advisory Parks & Recreation meeting and the 3 1/2 percent increase had been a compromise. Wachter moved,McCrea seconded a motion to:approve the Advisory Parks&Recreation Commission recommendations for park and trail dedications for 1991::as follow::: 1. Trails: Fees for 1991::i: emain *:::same as 1990. 2. Commercial/Industrial: Fees for 1991 remain the same as 1990. 3. Residential: Single Family $700 Duplex $621 Townhouse $553 Apartments/Multiple .:.: :: $559 Aye: 5 Nay: 0 1991 PARKS & RECREATION FEES.& CHARGES • Mayor Egan introduced this item as 1991 fees and chargeslor Parks& Recreation. Director of Parks & Recreation Vraa said the recommendations before the Council were those recommendations reached at the last Advisory Parks&Recreation Commission meeting. Mr.Vraa said some changes had not been made in the • Page 14/EAGAN CITY COUNCIL December 18, 1990 •:•:•:. '.'•'-'•' fees for some time. He said there had been 40.••*:.0ercentage of inc.:wt."across the board and each fee had been looked at individually. ...•...•.•. Councilmember Gustafson said he had no increases unless they would somehow reduce the requests for use. He said he would appreciate feedback from the Parks & Recreation Department during the year regarding these increased fees. Director of Parks & Recreation Vraa said it was the wish of the Advisory Parks& Recreation Commission that the fees not reach the point where groups would not be able to use the facilities. •-••••. Gustafson moved, Wachter seconded a motio0:::0c iipiirov0::*recommended fees and charges for the City of Eagan's parks facilities and programs as presented. Aye: 0 '•'•'. PRELIMINARY PLAVEOFLET:tOMMONS RYfliX)flD HOMES Mayor Egan introduced this item as a preliminary plat for Diffley Commons/Rottlund Homes,consisting of a total of 208 units on approximately 27.6 R-4 (multiple) acres located along the north side of Diffley, east of Rahn Road in the southwest quarter of Section 20. City Administrator Hedges said that this item had been considered at the November 27, 1990 Advisory Planning Commission meeting and they had recommended approval. He said because the Advisory Par:44..Recreation Commission had not yet considered the item and would not until their January 10, 1991 meetit***4:reeommended that the City Council continue this item to the January 15, 1991 City Council meeting or mai:**Vioyals subject to APRC action. • Mayor Egan said it was common to approve prelim*Aryji)4s subject to Advisory Parks& Recreation Commission action and asked Director of Parks if there was anything unusual about this ....... item. Mr. Vraa said one of the concerns life:.:OgC:•Icid was the lack of green space in the development. Because the development was now the pro if Rottlund Homes, Mr. Vraa said the developer had looked at some changes but was willing to work with staff regarding these changes. Councilmember Gustafson asked Mr.Vraa if the City Council took action on the plat subject to 200 square feet of green space per unit whether compliance could be taken care of in the final plat phase. Mr. Vraa said if the 200 square feet per unit were going to be split up,there would be no value from a park perspective. Mr.Vraa said they would prefer a larger area for people to utilize. ........... •••••••••• •••••...-...-.•••• Councilmember Pawlenty said that the plat.looks in order, however, he did not feel comfortable approving 200 square feet of green space per unit subject to staff.:A.View if the staff was not comfortable with ...•.•.• the arrangement. •:•:-:•: •:•:•:•: Wachter moved,Pawlenty seconded a motion to continue'lli— preliminary plat for Diffley Commons to the January 15, 1991 regular City Council meeting. Mr. Todd Stutz of Rottlund Company said his company had one problem with the City Codes's definition of what constituted green space. He added that the fm0:plat could make certain that his company met the requirements of the APRC. Aye: 5 Nay 0 AINATUN'titinNITMVON ..,.•.•.• MILITARY/ACTIVE DUTY POLICY • After introduction by Mayor Egan, City Administrator Hedges said that after concerns were raised by Councilmember McCrea, staff was directed to study options for discussion regarding a possible change in the • Page 15/EAGAN CITY COUNCIL December 18, 1990 military/active duty policy of the City. He said a memo was inclu4ed.with the City Council's information which attempted to address that direction. Mr.Hedges said,aciditio**aisiderations for the Council would be budget 1.. constraints, what other cities are doing, and any itq iretb iifs. Councilmember McCrea thanked staff for their research but said she almost felt she should come to a different conclusion. She said because two individuals had been called to active duty, their pay was substantially reduced even though their salaries had been budgeted for a year. In addition,the Councilmember noted that other cities were not doing anything.extr :ft :s ucli.emplttyees. The Councilmember said it was her suggestion that the City Council look at Option 4;: s iQ a e up a percentage of the difference in pay and contribute the City's share of family health coverag;if the em ti iyee wished that to be done. She said the policy could be implemented when an employee was called.to active;Idty and suggested that the City pay at least 50 percent of what the employee would normally receive;. Councilmember Wachter asked if poh Y*in dinchiufn;ic raftees. Councilmember McCrea said she would recommend that the policy be reconsidered if this draft were'instituted. She said it was her original intent to look at the issue because she does not believe in the draft and said the City should support those who do volunteer. Councilmember Wachter said the protection of the City was also important and it had been his intent to use any money not spent,for the hiring of tii:additional officer who then would not have to be laid off in the spring when the officers returned. He said'he:was':ve :uttch in favor of continuing the health care coverage. Mayor Egan said the Army Reserves had replaced.......•.•.• he :draft for a quick and ready mobilization of troops similar to the draft. He said the City was like any employer whose employees had been called to active duty and saw significant ramifications to a policy change.because of the.possibility of the draft being reinstated. He said there could be significant precedent prciblems. •.Mayor Egan said, however, that he would support Councilmember Wachter's suggestion. Councilmember Gustafson said he favored Option#3 which would make up the entire difference in pay for the employee and continue the City's share of family health insurance contributions. He said it should be limited to those City employees who had voluntarily signed up for the Reserves and would not cover a draft situation. The Councilmember said he belieftell.:t#i:QtY.:sho 4.0.:ix,a ie up the entire difference in pay versus 50 percent. He suggested that perhaps the off ers icotild ie::.ie tlaCetran a temporary basis. Mayor Egan said at a time of trying to certify our Police Department, he: puld be.opposed to hiring a temporary sworn police officer. Councilmember Pawlenty asked Chief of Poliae.:Geagan ':these officers' absence until spring would seriously hamper the day-to-day operations of the Police Department:*Chief of Police Geagan said some changes had already been made and more overtime would have to be authorized. He said that if the country went into an economic recession,it would have a greater impact on the Police Department because they see more activity during such times. Councilmember Pawlenty then asked the City Attorney if the City Council approved this type of financial aid, whether they would subject themselves to a legally,binding precedent with future employees asking for the same type of assistance. City Attorney Sheldon saittlie did not think there was any question that if assistance were given now, employees in the future would claim.it also He said it didn't mean they were entitled to such assistance but he believed that: t#:fie tke He said if it was the City Council's intent to deal with these specific people, they wodifiii:tin4iitheriiiiffiiiitit ground if the resolution were made very clear that these were the only persons the Council was dealing with.:He said it would not prevent future claims and he could not predict how a judge would rule on a such a c :,but he did not believe the City would be legally bound if the resolution was made very dear. Councilmentlier Pawlenty said he did not think it was fair for the Police Department to operate two men short indefinitely,but said he also did not think the employees who were making this commitment to their country should have to suffer. The Councilmember said he was in Page 16/EAGAN CITY COUNCIL December 18, 1990 favor of Option 3 which would make up the:O tire difference i pay with continuance of the payment of the City's share of family health coverage. He suggested;the situt on be re-evaluated in 60 days and made clear that this is not a permanent City policy and only:A :tcl: i'•employees at this time and then only for a temporary period. In addition,he said it should be made clear that there was no binding intent as it related to changed circumstances or to a significant increase in the number of affected employees. Councilmember Gustafson then asked the number of Reservists that are presently on staff. City Administrator Hedges said there were two and:ptissibly:three adnal employees who could be called to active duty in the Reserves. The City Administrate:as ::if:t : ey: uld apply to anyone who might be called into the Reserves next week or only those two employ who ar'n;presently on active duty. Councilmember Gustafson said that the City Council would be consistent in saying''it'would impact all persons who are enlisted as members of the reserves as of December 18, 1990..: said if it:mould help with precedent and with budget considerations,it was his intent that the policy Policy:Pitf:PO.Q.ktmeot*iiiild be in effect from the time the Reservist was called up until March 1, 1991 (or a simi'ai::dhte) at w iich point it could be re-evaluated or discontinued. Councilmember Pawlenty said he did not think the City could.afford to pay the entire difference in pay for those employees called to active duty and replace them. He said if it appeared that the Police Department could not function without these two persons, it could be re-evaluated. Councilmember Wachter asked for an explanation of the Federal Government provision for mortgage payment protection and bill paying proto thin.::for the Reservists when they are on active duty. City Administrator Hedges said this was a program:olfeied;by.the Federal Government and provides that if a Reservist makes a reasonable effort to pay his/her bils•wli le on:active duty,then the Federal Government would insure that they do not,for instance,lose their homes and provides a reasonable period of time once the reservist returns to civilian life to reinstate their payments.:;CouncilinOlf ;Wachter then asked about the possibility of the State legislature making an adjustment for PERA: le the Reservist is on unpaid leave. City Administrator Hedges said it was being explored by the League::of Minnesota Cities. Councilmember Wachter said the Police Department was going to be two persons short and he would be in favor of approving replacements for those persons. Mayor Egan agreed and added that he was uncomfortable with developing policy that would only apply to two individuals and exclude anyone else who would join the Reserves in the future. He said the City should either adopt a policy that is universal and uniform that is fair and equitable to everyone or recognize:that t1:),s:?a:policy that was limited to two individuals. He said such a policy had no precedent and employer that had done anything similar. Mayor Egan said he empathized with these employees,however,he:dd not believe the ramifications of the action were in the City's best interest. Councilmember Pawlenty:said he agreed,however,because of the extraordinary circumstances that prompted the action and the magnitude and uniqueness of the problem,he said it called for flexibility on the part of the City. Councilmember Gustafson sai4;* could see making the policy universal to include any volunteer Reservist on,the payroll called to active duty and would suggest a specific time frame on the policy, such as, from the point of call up to March 1, 199L City Administrator Hedges said that in light of budget cuts in 1991 and the likelihood of cuts occurring again in 1992,the Council may wish to consider the use of the fund:balance which was established to protect the City from emergencies. He said is this instance,the City may Piave to draw funds from the fund balance to possibly hire replacements,to fund all or a portion.of.the:difference:in wages,or a combination of those actions. Councilmember Pawlenty asked Chief vf'I'cifice'Geagau-liovvmany officers could be expected to be gone during the peak vacation season in the summer. Chief of Police:.Ceagan said the Department maintains a four car minimum, meaning that at any point in time during the daytlhere are at least four cars on the street. He said because of this issue,on some of the slower days and at some•of the slower times, the Department will be going to a three car minimum. He said they will probably replace the two officers with overtime personnel in addition to curtaining vacation use. Chief of Police Geagan said he would also suggest that the City Council • Page 17/EAGAN CITY COUNCIL December 18, 1990 carefully consider the hiring of any part-time'ipffiifficers. He said t*iore is a tremendous civil liability with police work and he would be very reluctant to hire a p -fib:.empk yee:''He said temporary employees would be a Possibility • Councilmember Gustafson recommended that the City look at the mechanism for paying either 50 • percent or 100 percent of the difference in pay for those called to active duty and identifying the fund source and then bring it back to the next meeting for discussion. He said in view of budget constraints,it would be helpful to know exactly what amount of dollars are iti l*:;:?o> emb Pawlenty agreed saying he would like to see this policy then applied to anyone currently'regiatttc:or•o*ttiile:in the Army Reserve and would cover that period between the date of enactment, December 18 to:March 1.5;.:...1:991. He added that it would also be the stated intent of the Council to re-evaluate the policy at the end of that time. The Councilmember said it might not help the City to replace these officers as it takes•bet ?een thr .:mind six'months to bring an officer on-line. Chief of Police Geagan said the Department.is S sully ixt.theprocess of hiring a Community Services Officer and,if permitted to hire replacements,it woiilil probably lid:niii=April before a replacement was ready to start. Councilmember Pawlenty then suggested a dual track approach, suggesting that the Chief of Police make contingency plans to bring on more officers. Police Chief Geagan said because the requirements for a CSO are the same as for an officer, they have gone about as far in the process as they can go. He said they are at the point now where the position must be offered to someone before they can proceed any further. Councilmember Gustafson said it was possible that those officers who are on active duty could be back in 60 days and that any employment should be offered conditionally..MayorEagan said it would probably dilute the quality of applicants if the position were 60 days versus a life-time.ptisittson.;:.:Councilmember McCrea brought up the point that a position was not normally filled when someone was on a:ieaive:tif absence and suggested a contingency plan to fill the void. • McCrea moved,Pawlenty seconded amotp'otii:Coiimpensate the two employees presently on active duty, in addition to three other employees who are:•CurFeiitly in the Reserves and could potentially be called to active duty, at 100 percent of the difference in pay between their City salary and military salary and continue to contribute the City's share of family health coverage, if the employee wishes this to be done, with a time line ending March 1, 1991. The motion further stated that on March 1,1991 the policy would be re-evaluated in light of new developments or circumstances,including the demand for additional City employees being called for this type of service, the impact on the City's budget,and.tbe.?Aeeds of the various departments of the City.• Mayor Egan indicated he would vote'against'the='mtit3oii'as'being too arbitrary. Aye: 3 Nay 2 (Wachter and Egan) • COUNCIL/STAFF RETREAT City Administrator Hedges said that a Council/Staff retreat had been included in the budget for 1991 and asked the Council for feedback regarding this retreat. Ater discussion regarding the use of outside facilitators and locations, discussion was closed with no formal action taken on the item. 1991 FE•EL SC003: O ONS Gustafson moved,Wachter seconded a motion to apprttio:the corrections to the 1991 fee schedule as listed in a memorandum from Finance Director/City Clerk Vai Qirerbeke (See Exhibit A). Aye: 5 Nay 0 • 4 Page 18/EAGAN CITY COUNCIL MINUS December 18, 1990 CONSTRUCTION OF FOOTINGS OUDATION P..iOR TO FINAL PLAT APPROVAL • TOWN CENTRE 4::=.;NI TH ADDITION • After introduction by Mayor Egan,City Administrator Hedges said the City had received a request from the developers of Town Centre 100 Ninth Addition for a footings and foundation permit prior to final plat approval He said staff had been protective of such requests in the past because they found that when a footings and foundation permit was approved before:final..plat,..b ldipg.irrniks had not been processed in a timely manner. City Administrator Hedges said them:brad:#i;eeit thre:exceptions to this policy and they were Eagan High School,Northwest Airlines Addition and West Pi ibshing H said the applicant had the right to request the permit, however, it was anticipated that the final Olaf would lie::•eady by the January 3, 1991 regular City Council meeting. Mayor Egan said that since the reason:for this;:proj i vas a State mandated policy, the City had sufficient grounds for approving the request. •CouncilmemberWachter said the mandated program did not begin until July and asked if the building would take that long to construct. Mr. Rich Kubik, the Operations Manager of Systems Control, said that right now the applicant was looking at a 120 day building cycle and with winter coming on, they were trying to get ahead as a week or two now could save a month or a month and a::haIflater on. Councilmember Wachter said he could not see the urgency with a full six months to complete tbi$:reLitivelyy small facility. Councilmember Gustafson asked Mr. • Kubik if a denial of the footings and foundation:permit:would.:delay the project. Mr. Kubik said it could and added that if approval was received, they could have the fisotiiigs and foundation in by January 3. Due to existing policy,Wachter moved,.Egaan:sect nd4•a•motion to deny a request from the applicant of the Town Center 100 Ninth Addition to b n construction of the footings and foundation prior to final plat approval. Aye: 5 Nay: 0 CHECKLIST Wachter moved, Egan seconded a motion to approve the checklist dated November 20, 1990 for $2,893,262.35 and the checklist dated DeceAlbez.:18;._.99 .riax*:amount of$1,451,102.33. Aye: 5 Nay. 0 The City Council adjourned the regular meeting to an; :i ecutive session to consider attorney/client privileged information at 10:40 p.m. Those in attendance wei*Ii4ayor Egan, Councilmembers Gustafson, McCrea,Pawlenty and Wachter,City Administrator Hedges and City Attorney Sheldon. The executive session was adjourned at approximately 11:25 p.m. KF CITY.pF EAGAN E.J. VanOverbeke, City Clerk • • A--t619.21/— kt-oe • MINUTES A REGULAR MEE'i iNG OF /( AN CITY COUNCUI:: EA GM,..MIN NES.O1'.A: / • SW Jtiti>li :3 ;: :: A regular meeting of the Eagan City Council was held on Thursday, January 3, 1991 at the Eagan Municipal Center. Present were Mayor Egan,Councilmembers,Wachter,Gustafson,McCrea and Pawlenty. Also present were City Administrator Tom Hects&.communityPeyelopment Director Dale Runkle,Director of Public Works Tom Colbert, and Assistant.?City Attu;iiej%:M&i oougherty. IggpgrA City Administrator Hedges recommendea*tiiipllowipiii0flanges to the agenda for the January 3, 1991 Regular City Council meeting: Add: Department Head Business, Department of Parks and Recreation,Item 1,Presentation of Uons Club Donation. Request to Continue to the January 15, 1991, Regular City Council Meeting: Item D, Consent Agenda, Final Plat, Town Centre 100 - Ei ti.h:Addition. • Request to Continue to the January 4,:::i'99L, Regular City Council Meeting: Item E, Consent Agenda, Final Plat, Town Center 100 - Ninth Addition..' ' .. Wachter moved, Gustafson seconded ibe.rnobgn tcoiapprove the agenda for the January 3, 1991 regular City Council meeting as amended::::.Aye= $ filet': 0 .1fTE$ Council member Pawlenty recommended the following changes to the minutes of the December 18, 1990 regular City Council Meeting: Page 12, last paragraph, change:tin► }Citidv r ed``:to" roperly noticed for that time of action". • Page 16, paragraph four, sentence six, change "agr " to "acknowledged the points made by Mayor Egan". McCrea moved Wachter seconded a motion to approve the minutes of the December 18, 1990 • regular City Council meeting as amended. Aye: 5 Nay: 0 OMMINgtiriffEARMINESS DEPARTMENT OF PARKS &'RECREATION PRESENTATION:PrliKmS.CLUB DONATION Appearing on behalf of the Eagan Lions Club were Jerry Marko, Roger Lee, and Jack Kaysen. Mr. Marko presented a check to the City in the amount of$100,Cifig:from the Lions Club pull-tab operations in the City. This donation was given to the City for the purposes of equipping and Improving one City park within the City. Mayor Egan accepted the check on behalf of the City Council and the City of Eagan. . • • Page 2/EAGAN CITY COUNCIL MINUTE ::: January 3, 1991 Councilmember McCrea said that soriii:iii***t.had come to her attention that the Burnsville Community Action Council was purchasing homes In the City of Eagan to be used for transitional housing. While the Councilmember believes this type of housing Is needed,the City of Eagan does not have public transportation and she had concerns that these residents would not have access to basic services because of the lack of transportation. The Councilmember also mentioned that most cities that have such arrangements have ordinances in place fot:1*.i:Ii-OplOrrenta;Im::::City Adminjstrator Hedges said that the issue would be investigated and a report kiiiitidlid.0:04:.664.6.0. CONSENT AGENDA A. Personnel Items —:••••.:.:.•••••••• •-•:•:•:•:.:•:•:.:•.•.• ".*•••••• 1. It was recommended that the hiring of Becky Becker seasonal winter recreation leader; Judy Forde and Marilyn Grant as seasonal pre-school program instructors/assistants; Cynthia Olson, Kate Haag and Mary Hamann-Roland as their assistants; Sheila Haugh as temporary clerical technician/Parks and Recreation Department; and Kevin McGrath as Investigator/Police Department be ratified. 2. It was recommended that the:WItion..of Utility Maintenance Workers to the list of employees at risk in the City's Hepatitis B Vaccine POlicy4:400r9yecl. •.. •••••••.•• 3. It was recommended that the hirthg of John Sprier II as a Community Service Officer be approved subject to successful completion of:#5e.psyph*g*;a1;'physical and drug testing examinations. ...:::::::.:::•:•:•:•::::::•::•••• 4. It was recommended that the letter of resignation for Virginia Knight, Manager of Support Services for the City of Egan Police Department be accepted contingent upon the successful completion of transfer of funds in the IDS Deferred Compensation Funds to the ICMA Deferred Compensation Account. 5. It was recommended that the;::.ierri4hiiiiii6h00e::Eagan Police Department be approved as follows: a. To combine the Support Servicee4nd Administrative Divisions into a single division, Administrative Services, to be supeiOsed by ie::Ourrent Lieutenant. b. To reassign the Manager of Support Services duties between that Lieutenant, the current Lead Dispatcher, the Police Secretary and the a new position of Lead Clerical Technician. c. To replace the vacant position with a new Clerical Technician III position. ••••. .....•. d. To hire a second Community Service Offic0tipm the current CSO eligibility for hire list, contingent upon succe041...Gprhpi.etiph.44...the City's psychological, physical and drug testing examinations •:-:•::::::.:•:-:•:•::::.:.:-:•:•:•::::.:.:•:•:•:•::.:.: 5. With the approval of a second Community Sery 0Si:officer position, it was recommended that Judy Dretzke be hired subject to successful completion of:the psychological, physical and drug testing examinations. • Page 3/EAGAN CITY COUNCIL MINUTES::::' January 3, 1991 6. It was recommended that the cilfe bargak :Bgreement with the Sergeants' bargaining group be approved per the City's last offer to i,i'i$::ciii i ;iWli oh included a 4% compensation increase for 1991. 7. It was recommended that the collective bargaining agreement with the Public Works/Parks Maintenance Workers' bargaining group be approved per the last offer to the group, including a 4% compensation Increase for 1991 and 1992.A90: :ftglJM$ITINAAp..ttie step schedule for those persons hired in 1991. • B. Aareement for Final Plat.Tranby 1st Adtftion • It was recommended that this Item.be-moved' :the ftr titem of Old Business for further discussion. C. Aareement. Joint Powers for 1991 Recycling grogram Fundina Between the City of Eagan and Dakota County. It was recommended that the 1991 Joint Powers agreement for recycling program funding between the City of Eagan and Dakota County be,approved as presented. D. Final Plat. Town Centre 100 -'Elg>rit,h AdditIpn • It was recommended that the final plat::for Town'C'entre..- 100 Eighth Addition be continued to the January 15, 1991 regular City Council meeting:::: • E. Final Plat. Town Centre 100 - f�tirtt} 'iddition It was recommended that the final plat for Town Centre - 100 Ninth Addition be continued to the January 15, 1991 regular City Council meeting. F. Contract 88-24,Approve Final Payment/Authorize City Maintenance(Lexington Avenue Reservoir) It was recommended that the al'id #road<paiy tii itf:Contract 88-24, (Lexington Reservoir) to Brown Minneapolis Tank, Inc. be approved in the amount of.;$53,770.23 and perpetual City maintenance authorized subject to appropriate warranty provisions: G. Contract 87-X. Acknowledge Comoletlbti%Authorite:City Maintenance (Cray Addition - Trunk Utilities) It was recommended that the completion of Contract 87-X (Cray Addition - Trunk Utilities) be acknowledged and the initiation of City maintenance authorized subject to appropriate warranty provisions. H. Contract 89-E.Acknowledge ComaletionIAuthorip.City Maintenance(Cray 2nd Addition=Trunk Utilities) It was recommended that the corii�sleti8ti oitfitaCt39-E, (Cray 2nd Addition-Trunk Utilities) be acknowledged and the initiation of City maintenance authorized.subject to appropriate warranty provisions. I. Project 607. Authorize Feasibility Report (E. Diffley:Road - Streets & Utilities) It was recommended that the preparation of the Feasibility Report for Project 607, (E. Diffley Road- Streets & Utilities) be authorized. .." , Page 4/EAGAN CITY COUNCIL MINUTE C? January 3, 1991 Gustafson moved,Wachter secondad,. motion to.approve the Consent Agenda as presented with the exceptions as previously noted. Aye: 5 PAPPAIMPINAT There were no public hearings. >. .... AGREEMENT FOR FINAL.:P.LAT/TRAM Y FIRST ADDITION • After an introduction by Mayor Egan, City Administrator Hedges said that Mr. Ole Tranby had made application for a preliminary plat and subsequently received final plat approval for the Tranby First Addition. Since that time, Mr.Tranby has informed City staff that he does not intend to pursue development of his plat at this time and requested that the improvements indicated as conditions of plat not be undertaken. In addition, Mr. Hedges said that the escrow for this project was not adequate to cover additional costs incurred and normally paid by the developer,...The City Administrator said it has been City Council policy not to use general fund dollars to subsidtfe:it*elgpment and City staff has been meeting with Mr. Tranby • to resolve this issue. Mr. Hedges said that Mr.Tranby:. s agreed to pay the difference between the amount left in his escrow account and the final costs and:to spread'this remainder against any future development. Wachter moved, Gustafson seconded.kry40 Qn to:it riect the payment of$5,162.06 in fees incurred with the feasibility study, detailed plans arf spfcations and other costs associated with the Tranby First Addition and approved the recordable agreement relative to improvements for the Tranby First Addition as presented. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/SAFETY KLEEN/OUTDOOR STORAGE Mayor Egan introduced this Iter :;$e:, poriditippal:.ttse:.permit for Safety Keen to allow outdoor storage in a U (Light Industrial) District oti Lots:3:aiiit:4;:Bfook;1:i Sibley Terminal Industrial Park located in the SE 1/4 of Section 8. City Administrator Hedges:said that because environmental information requested by the City Council has not yet been completed, it Isecommetided that this item be continued indefinitely. Mr. Hedges said that as soon as an agreement tiss been *eloped, the item will be brought back for Council consideration. • Pawlenty moved, Gustafson seconded a motion to continue indefinitely the Conditional Use Permit application for Safety Keen. Aye: 5 Nay: 0 (At Mayor Egan's recommendation, one Item from ti*Administrative Agenda was taken up at this time so that Chief of Police Geagan could be present to answet'any questions the City Council might have). 1991 DEER SURVEY After introduction by Mayor Egan, City Administrator Hedges said that the Department of Natural Resources had requested the City of Eagan participate in funding the Deer Survey coordinated by the DNR. I Page 5/EAGAN CITY COUNCIL MINUTE$::::':•::.•••• January 3, 1991 He said the survey would be similar to iiiiii.::Wicopter survey:donducted in 1990 with the City's share remaining near the$259 paid last year Mr.:$0.*:thek01491buted a report prepared by Chief of Police Geagan regarding the number of accidents in Iii444iiing deer. Councilmember McCrea asked what purpose the deer survey would serve. City Administrator Hedges said the information is evaluated each year for decisions involving special hunting seasons in the City for game management. Mr. Hedges seid.ff.has also allowed the City to look at deer concentrations in certain locations Chief of Police Geagan:00.:**OWNIfibili:s may be helpful in determining whether there are more deer in the City or Just feed'fiiibitik•::::COdii*Oember Gustafson said it may be wise to continue with the deer survey if the fly-over gives tiii:informa*i:necessary to control the population. Gustafson moved, Pawlenty seconded gi:iiidtion to.iptirove participation, in an amount not to exceed $300, in the Deer Survey coordlitiiiited*ittiii::::petii.ient of Natural Resources to assist in the information required by the Deer ManageiiieriTask Foitelcit their on-going study and recommendations for deer management. Aye: 5 Nay: 0 STOP SIGN/FAIRV1lAy.HILLS DRIVE @ CAMELBACK DRIVE • Mayor Egan introduced this item aii**Ifigiqp:place a stop sign at the intersection of Fairway Hills Drive and Camelback Drive. Because there was ná audience to address the issue, Mayor Egan asked Director of Public Works Colbert whethk or not the.neigOborhood had been advised that this item would be before the City Council. Director of Nt$19:W44:061bert said that all information had been sent to the lead petitioner. Mr. Colbert said that:04:i:ii066.6e•had been to notify the lead petitioner who in turn would notify those with an interest in thelterrt'''. Gustafson moved, Wachter seconded a motion to deny the request to install stop signs at the intersection of Fairway Hills Drive at Camelback Drive. Mayor Egan said that installation..044•04)..:049a.AtINS location could not be justified because it does not meet any of the warrants necessary for Gustafson pointed out that studies have shown that traffic controls placed Where theyiee.fiat warranted result in significant safety risk. He said that because the controls are unnecessary,they arei0.4red and as they are ignored,the risk factor goes up. .:•:•:.: •••• .•• :::.:•:•: Aye: 5 Nay: 0 1991 COMMUNITY DEVELOPMENT BLOCK GRANT After introduction by Mayor Egan, City Administratcdges said that the City receives a partial entitlement from Dakota County of the County's Community Niiielopment Block Grant dollars. Mr. Hedges said that once the County reached a poppleffqrt:pfAiyer::MWQ persons, it became eligible for block grant funds and it has been County policy to t4i0*6044i:tiii**i*:the Cities in the County. Mr. Hedges said that the Cities of Bumsville,Eagan,and Apple Valley have been designated as a block and share Community Development Block Grant dollars between them. The City Adi§iinistrator said that Eagan's portion for 1991 is approximately$111,000 and staff is looking to the Council*:direction as to how those funds should be designated for 1991. Mr. Hedges said that Community Development Director, Dale Runkle, represents the City on a panel that evaluates how block grant dollars should be utilized each year and it is the l Page 6/EAGAN CITY COUNCIL MINUTES :: January 3, 1991 recommendation of Mr. Runkle and the paiief.:t at the 199t::ffiiids be designated for a senior citizen's housing project. As a point of clarification,'Mr::Hed s:sad:that the percentage of low and moderate income persons benefiting from the project, as'iridi 3ted`in the Community Development Block Grant Proposal, has been changed to meet Federal standards. . Councilmember McCrea said the City Council had talked in the past about who would be eligible for senior's housing in the City and recommertded:.that.pleceder a be given to those already living in the City or to the elderly whose families live in p .:City;fi imw ft Development Director Runkle said that the funds requested in this application would be used for (soft COW associated with the project, such as architectural fees for project design and constructibri''in 1991:::41e said that the process as to structure, guidelines,and regulation of the facility would be sub3Kt to Coup review in the future. Mr. Runkle pointed out however,that Lakeville is operating a similar:facity:and apsations were ranked individually for those coming into the project with priority being:gkei±i;:tt .tow ai d moderate income persons from Lakeville. Wachter moved,McCrea seconded a motion to approve the application for Community Development Grant Funds for 1991 as presented noting that the percentage of low and moderate income persons occupying the senior housing units will be set according to Federal standards. Aye: 5 Nay: 0 CONDITIONAL USE:PERMIT/VARIANCE CROWN COCO, INCi/SiGNAGE Mayor Egan introduced this item as a,dondit t itattise.permit for Crown Coco, Inc.to allow a Pylon Sign and a Variance for height in excess:of:21'::on parcel 10-01900-011-55 located at the NW intersection of Nicols Road and Diffley Road in the SW:y'/4 of Section 19. City Administrator Hedges said that this conditional use permit application was similar to one reviewed by the Advisory Planning Commission this past summer which was subsequently denied by the City Council. However, he said that Crown Coco, Inc. had modified their application to include a lower square footage sign area and requested a variance for only the height in excess of 27'. After additional discussion of the bacligroiirid:an010 bola of the application, Director of Community Development Runkle said that Crown Coco, Inc. was::requesting..the pylon sign due to what they perceive to be poor sight visibility from the Cedar freeway fc :the EZ StO site Mr. David Miller, representing Crown Cocojiic., said they have reduced the square footage of the sign from their original application and brought it in to compliiiioe with the City Code. They said they had. • used the same engineering company that did the Amoco pylon sign and said the specifications for the sign were determined by the 800' 'window'along Highway 77 in which their sign must be seen in order to catch public attention. Councilmember Wachter asked Mr. Miller if Crown Coco, Inc. anticipated more changes to the site. Mr. Miller said that Crown Coco wants to develop.the site and has contracted with a engineer regarding a grading and site plan. He said they hope to be 1400 before the Council with a plat in the near future. In addition, Mr. Miller said they will be looking into upgrading a lot and adding storm sewer, curb and gutter, and landscaping. Counciimecnb&We I asI ed whether Crown Coco, Inc. had put in new gasoline storage tanks on the site. Mr. lined the existing storage tanks with fiber glass approximately a year ago. Councilmember Wachter then•.asked Mr. Miller if Crown Coco intended to install more pumps and Mr. Miller said that they did not. Gustafson moved,McCrea seconded a motion to approve a Conditional Use Permit for Crown Coco, Inc.for a pylon sign and a variance for the pylon sign height in excess of 27' noting that: 1) the City Code 4 4 Page 7/EAGAN CITY COUNCIL MINUTES January 3, 1991 • allows a pylon sign at this location and that 2 : yarjopc a*o hie maximum sign height is necessary for visibility for the site Counciimember Pawlenty noted with respect to the billboard debate that this sign,unlike a billboard, is a business sign related to the use of this premise. He said that the City Code allows a sign at this ---.F 1 location, its size is within code requirements and only the height necessitates the need for a variance. He be inclined to support the app toatii i;:based;o:visibility concerns, however,would not if the rationale was ne of business competition?•'•.Mayi#.Egansai'd cr cems with the first application had been titaladdressed and he found the present application preferable. Cccilmember Gustafson said he had raised the issue with the first application but wished to npte that the.EZ Stop was, to his knowledge, the only convenience store to voluntarily comply with tbi :::> ity's letter':of request regarding the sale of soft pornography in the City. He said that it was::a: iire:that..he:appreciated and it helped him support this application. Aye: 4 Nay: 1 (Wachter) CONDITIONAL USE PERMIT/R.L. JOHNSON INVESTMENT CO., INC OUTDOOR STORAGE/FENCE IN EXCESS OF SIX FEET Mayor Egan introduced this item asiairditsonal,use permit for R. L Johnson Investment Co., Inc., to allow outdoor storage in an U (Light Industrial) dlatrk*and:a special permit for a fence in excess of six feet tall on Lot 1,Block 1, R.L Johnson 2nd Addition,located.alom Yankee Doodle Road and Yankee Drive In the SE 1/4 of Section 8 and the NE 1/4 of Section,�.7:;:;Gity:Administrator Hedges said this item had been before the Advisory Planning Commission at.theJCi ecem er 20 meeting and they had recommended denial. Director of Community Development Runkle said this item had been discussed a number of times with the remodeling and rental of the facility to the Army Reserve. He said the applicant had fenced a portion of the site without permit which the City has interpreted as an outside storage area. Mr. Runkle said staff had worked with R.L Johnson Investment to work out a solution and find a location more suitable; however, no resolution had been reach...Mr. Runkle said at that point the applicant had submitted a conditional use permit application and the: Advisory Pianninig Commission had recommended denial at this location. He said the APC had expressed'&t ncerrislregatdltiginadequate distance between the fence and the building to allow the appropriate drive aisles. Mr ff unkke said:that under the present configuration,there is only a 13 foot drive aisle along the west side of the building:::; Mr. David Constable,the staff architect for R:L:Johnsoin'investment Company, said they had made application for a conditional use permit because this location is in an area of industrial development and outdoor storage is acceptable in those areas. He said no equipment other than vehicles are stored in the fenced area and it is only a secured parking area which their major tenant, the Army Reserve, requires as a part of their tenancy. Mr. Constable said that R.L Johnson had made application for this area with appropriate drawings and specifications and all had been striped and approved by the City's Building Inspections Department. Because the area in question SO:Included with these drawing, he said his company had taken those approvals to.mean:they..:were.a!lpwed to build it. He said the Army Reserve's rental of the facility was conditioned on ` a e: '' .. vats and they were of the opinion they had received approval and a certificate of occupancy:'Mr:Caistable said they had not done anything improper. Mr.Constable then made the point that City Planner Sturm had suggested the possibility of moving the fence to the side of the building where other industrial users are located. Mr. Constable questioned whether this was justified for one side versus another considering the reasons the Advisory Planning Commission had given for denying the application. He said the Planning Commission listed two items of Page 8/EAGAN CITY COUNCIL MINUTES January 3, 1991 concern and they were compatibility wit tO:neighborhpc :trod safety. In answer, Mr. Constable said the building was originally approved with its p iik.0 tiay ;fitfthe drive aisle around the building is 24 feet in all places. Community Development Director RuhI said the area to the west side of the building has 18 foot parking stalls and a 13 foot drive aisle. City Administrator Hedges said for clarification regarding Mr. Constable's statement and the need to find another location, complaints had Dean;:webcgd..frctm.;wo corporations in the area regarding the fence. Mr. Hedges said that City Planner Slat :f ad.:kbrs olit iie:need for a conditional use permit to R.L Johnson's attention strictly to advise them they were:iOciliation;ofthe ordinance and not to negotiate a new location. Mayor Egan said he understood 0)4;109..040,k JdstiSon complex was subject to architectural approval from the new owners of the Comsef'ii building 11ayor Egan asked Mr. Constable if they had received that approval. Mr. Constable said they had received approval when they submitted plans for the entire building, however, he said there was no approval requirement for the fence and they had not submitted it for such approval. Councilmember Pawlenty asked Mr. Constable whether the building plans submitted for approval had included the fence. Mr. Constable s10.they had submitted plans for building permit approval which included the interior plan as well as all exfdifOr:pans. He said the detailed drawings included the fence and • all phases of these plans had been stamped apprt ve i:;tby,t1e Building Inspections Department. He said after everything was completed,they had received a certificate of occupancy. City Councilmember Pawlenty said that a memo from City Planner Sturm had Ctiaracteri�•@d the drawings and specifications as being part of R.L. Johnson's application for an interior biiiid#rtg::ponmi acid asked the City Attorney for clarification. Assistant City Attorney Mike Dougherty said:tt::a building permit is only for the interior building and the certificate of occupancy applies to the use of space inside the building. Councilmember Pawlenty then asked in a review of a building permit application,whether it would be typical to undertake a critical review of the parking lot. Assistant City Attorney Dougherty said other than reviewing whether utilities were available, the review would be of the interior of the building only. In addition, Mr. Dougherty pointed out that even if the fence were included in the plans,outside storage would require approval under a conditional use permit. Councilmember Pawlenty then referred to the:Advisory.Planning Commission minutes which quote the applicant as saying that the lower side of the hif:v uld be:a::possible location for the fenced area Mr. Constable said City Planner Sturm suggested that pi0rticular lotion would be more acceptable to the City. He went on to say that it would be significantly•eiipensiva:. relocate the fence and asked if it was objectionable at one location,why it would be more acceptabfe:ait another. Councilmember Pawlenty said • presumably the new location would meet safety standards. Again, Mr.Constable said he had measured the drive aisle in question and, in addition to the 18 foot parking space, the drive aisle is 24 feet wide. Councilmember McCrea said that Knox Lumber had similar outside storage and said this application was not a great deal different. Mr. Runkle said according to sties interpretation of the length of time these vehicles would be stored, it was determined that this would be.butside storage and require a conditional use permit. Mr.Constable said one of the concerns of the Advisory;Planning Commission was compatibility with the neighborhood. He said dumpsters and vehicles are stor .at the Valley Lounge across the street. In addition, he said Best Brand had a number of large trucks whk Piare stored on their property. Mr. Constable said that they have tried to screen their fencing and the suggestion that the area is not compatible with the neighborhood is incorrect. • c • . Page 9/EAGAN CITY COUNCIL MINUTEC:' January 3, 1991 Mayor Egan said that the R.L Johnson developrr. rtt#ad indicated it would architecturally mirror- image the Comsery building. He said the appti tiatt#Zaf:tad:•been presented was not in keeping with that proposal and had been the basis for one of the Advisoiy..lanning Commission's concerns. Councilmember Gustafson said Mr. Constable had Indicated R. L Johnson Investment Company had thought their site plan with an 8 foot fence had been approved for construction as evidenced by approvals from the Building Inspections Depac rrt::Dire tor.of Community Development Runkle said plans such as those presented are reviewed for the:# liti nteiti :a d not exterior storage. City Administrator Hedges added that the Building Inspections'stamp;rs resenta.a.:review of the building plans only and not exterior fixtures such as fences. Assistant City Attoi•iiey Dougiieity also pointed out that the City does not issue permits for fences, therefore, the signature o i:1he plans i uuld not relate to the fence. • Councilmember Gustafson said he:tladiadditkirzai:fccticeins in regard to a healthy business climate in the City. He said it had been hinted that R. L Johnson's'lease to the Army Reserve would be lost if the fenced area was not approved. He said among the reasons for APC denial was that other locations were available, however, another location did not appear to be possible considering the reasons given for that denial. Mayor Egan said it was the present location of the outside storage that was infringing upon the drive aisle and the parking lot thereby affecting safety. Johnson had already constructed required a variance, yet one had not been requested..: :.addition, Mayor Egan pointed out that the 8 foot fence R. L Johnson had already constructed requireci':iii:riance,.,yet one had not been requested. Mr.Constable asked whether a 6 foot fatce would imii.More acceptable at this location. Mayor Egan said the item before the Council was one for a c inditiotal::t#sepermit for outside storage and not a variance to the 6 foot fence height requirement. Mr. Constable:$id'his•conditional use permit was changed because he had originally requested secured outd0.0'.*parking'and not outside storage. Mayor Egan said he strongly encouraged the applicant to work with st:affin an attempt to resolved the.issue. Mayor Egan asked the Council wishes as to whether to continue the item in order for staff to work with the applicant or to deny this conditional use permit and have the applicant reapply at a more appropriate location. Councilmember Pawienty said if there was not adequate ingress and egress to the site,the application was unacceptable, husvieve there; y:be:other locations where the safety concerns could be addressed. McCrea moved, Wachter seconded a motion to deny.:a conditional use permit for R.L Johnson Investment Co., Inc. to allow outdoor storage anda:special;permit for a fence in excess of 6 feet tall as presented and that the City Attorney be directed to:prepare a.Findings of Fact. Aye: 5 Nay:PIAMMTIYFAGENRA G JANUARY MEETING SCHEDULE The City Council discussed the upcoming meeting ii edule for January. No formal action was required. DIRECTOR OF PUBttC WO• KVJOINT:POWERS AGREEMENT SNOW REMOVAL SERVICES WITH iNVER GROVE HEIGHTS Gustafson moved, Wachter seconded a motion to.:approve the annual renewable Joint Powers Agreement for cooperative snow removal services with the City of Inver Grove Heights and the Mayor and City Clerk were authorized to execute all related documents. Aye: 5 Nay: 0 ■re •••••••• Page 10/EAGAN CITY COUNCIL MINUTES ••••• January 3, 1991 Wachter moved, Egan seconded a the checklist dated December 31, 1990 in the amount of$695,002.56,the checklist dated January 2, 1991 in the amount of$504,079.17,and the checklist dated January 3, 1991 in the amount of$292,228.50. Aye: 5 Nay: 0 ADJOURNMENT *** ••• The January 3, 1991, regular City Council reting adjourned at 8:20 p.m. KF •••••••••:.:•:•:•:••••:•:•• •:::::•:•:•:•:•:•:•:•:•:•• ''':•••••::** CRY OF EAGAN •.•• E. J. VanOverbeke, City Clerk •••••• •...... ........•.••••• • • •••••••••::•:•:.•: • :•:•:•:••••::•••••••••••••••••••••••••••••• ..••••• ..•.•.• :•:•:•::: ...•.•. ...•.•.