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03/19/1991 - City Council Regular AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING MARCH 19, 1991 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:40 - RECOGNITION FOR CRIME PREVENTION PROGRAM - RESIDENT JOE BRANNAN IV. 6:45 - LEGISLATIVE UPDATE - ART SEABERG, HOUSE OF REPRESENTATIVES V. - REGIONAL TRANSIT BOARD UPDATE - MICHAEL EHRLICHMANN VI. - DEPARTMENT HEAD BUSINESS (BLUE) VII. - CONSENT AGENDA (PINK) P' S A. PERSONNEL ITEMS 1 B. LICENSE, Plumbers `2. II C. LICENSE, Solicitor's License, Blue Bell Ice Cream 1 . 13 D. LICENSE, Refuse/Recyclers, Ver-Tech, Inc. 1'j E. LICENSE, Service Station, Tom Thumb, 1446 Yankee Doodle Road c 13 F. REQUEST for Waiver of Conflict of Interest - Special Legal Counsel II__ G. RECOMMENDATION from Economic Development Commission Regarding Dakota County Economic .1 Development Partnership .a 7 H. AMENDMENT to 1991 Fee Schedule )1rI. CLASSIFICATION/Tax Forfeit Property 3 J. PROJECT 524, Receive Final Assessment Roll/Order Public Hearing (Johnny Cake Ridge Road) A 1 K. RESOLUTION, Designating Several Municipal State Aid Streets laid L. PROJECT 611, Authorize Feasibility Report, Plans & Specifications (Well #16 and r Timberline Well Connection) 3'M. PROJECT 612, Authorize Feasibility Report, Plans & Specifications (Miscellaneous Sewer Stations - Upgrading) N. CONTRACT 89-05, Change Order #2 (Skyline Road - Storm Sewer & Restoration) 1360. CANCEL Project 549R, Stratford Oaks - Sanitary & Storm Sewer 71 3,P. AMEND City Code Establishing Community Investment Fund f (I Q. FINAL PLAT, Coventry Pass 3rd Addition VIII. - PUBLIC HEARINGS (SALMON) (No Public Hearings are Scheduled) IX. - OLD BUSINESS (ORCHID) 014441 A. RESOLUTION, Dakota County Solid Waste Management Strategy Istii B. CONSIDERATION of Seneca Plant Development Agreement - Proposed Revision to Schedule Regarding Incinerator Odor Control Improvements � A lt C. CONDITIONAL USE PERMIT, R. L. Johnson Investment Co, Inc. , to Allow Outdoor Storage in a 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 Doodle Drive in the SE 1/4 of Sec 8 and the NE 1/4 of Sec 17 1 X. - NEW BUSINESS (TAN) e L A. RECOMMENDATION, Eagan Citizens Recreational Facilities Advisory Committee B. EXTENSION, Preliminary Plat for Blackhawk Acres 3rd Addition C. REZONING, Willbrook Addition/Jim Williams and Tom Westbrook, of Approximately 3.2 AG rill (Agricultural) Acres and 6.7 PD (Planned Development) Acres to an R-1 (Single Family) District and a PRELIMINARY PLAT Consisting of 17 Lots on Approximately 9.9 Acres Located Along the East Side of Lexington Avenue North of Westcott Road in the SW 1/4 of Sec 14 qD. PRELIMINARY PLAT, Burrview Pond Addition/Sander & Company, Inc. , Consisting of 132 c� Apartment Units on Approximately 13.7 Previously Zoned R-4 (Multiple Acres) Located Along the South Side of Highway 55 in the NE 1/4 of Sec 12 XI. ADDITIONAL ITEMS (GOLD) XII. ADMINISTRATIVE AGENDA (GREEN) XIII. VISITORS TO BE HEARD (for those persons not on agenda) XIV. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 15, 1991 SUBJECT: AGENDA INFORMATION FOR A MARCH 19, 1991 CITY COUNCIL MEETING 0 `T.AGENI3A APPRO' A' TIST,7ES ...................................................................................... After approval is given to the March 19, 1991 City Council agenda, Special City Council minutes for a January 29, 1991 meeting and regular meeting minutes for the March 5, 1991 meeting, the following items are in order for consideration. DEPARTMENT BUS.NESS : . .... .. ... .......... .. .: ......... ........... .............. There are no items under Department Head Business. Agenda Information Memo March 19, 1991 City Council Meeting Enclosed on page you will find a memorandum prepared by the Police Department relative to an incinT occurring on January 20, 1991 in Eagan. Joe Brannan observed suspicious activity at a home on Horseshoe Circle and contacted the Eagan Police. As a consequence of Mr. Brannan's timely and responsible action, the Police Department was able to apprehend two burglars in the act preventing not only the crime in progress but, potentially, solving two others. Mr. Brannan's concern is not only a superb example of citizen crime prevention, it is also indicative of a sense of responsibility to others which increasingly makes Eagan a community. ON JANUARY 20th, 1991, AT 12 : 35am, JOE BRANNAN OF EAGAN OBSERVED TWO PEOPLE GET OUT OF A VEHICLE ON HORSESHOE CIRCLE . THE TWO PEOPLE WENT UP TO THE FRONT DOOR AND THEN TO THE THIRD GARAGE DOOR. THEY OPENED THE GARAGE DOOR AND WENT INSIDE , SHUTTING THE GARAGE DOOR BEHIND THEM. JOE BRANNAN CALLED THE EAGAN POLICE . ' EAGAN OFFICERS ARRIVED AND DID LOCATE THE SUSPECTS. INSIDE OF THE HOUSE . THE SUSPECTS HAD PRIED THE DOOR LEADING FROM THE GARAGE TO THE RESIDENCE . THE SUSPECTS HAD ALREADY LOADED PROPERTY INTO BAGS AND HAD BURGLARY TOOLS IN THEIR POSSESSION. THANKS TO JOE BRANNAN 'S CONCERN, EAGAN POLICE WERE ABLE TO APPREHEND TWO BURGLARS . THESE BURGLARS WERE ALSO CHARGED WITH ANOTHER EAGAN BURGLARY AND A BURNSVILLE BURGLARY. JOE BRANNAN'S CONCERN AND FOLLOW THROUGH IS A GREAT EXAMPLE OF WHAT CRIME PREVENTION IS ALL ABOUT. THANK YOU JOE BRANNAN. • ■ Agenda Information Memo March 19, 1991 City Council Meeting LECISWIVE MATE*REPRESENTATIVE An SEARERC Representative Art Seaberg will be present to discuss developments in progress in the current legislative session. As the Council is aware, one of the most substantial proposals on the table in this session is the governor's initiative to reform the property tax system and eliminate most state aids to local governments. Representative Seaberg will not only provide information about the session,but also would interested in feedback concerning the Governor's initiative and its potential affects on local government services. REGIONAL TRANSIT BOARD.UPDATE -.KIEL<EHRLIC #N ANN Mr. Ehrlichmann will be present to provide an update on Regional Transit Board matters affecting the City of Eagan and the Minnesota Valley Transit Authority. Mr. Ehrlichmann would likewise appreciate feedback from the Council regarding this area of interest. Agenda Information Memo March 19, 1991 City Council Meeting ? 3 T BN ` ND ........................................................... .......................................................... ........................................................... There are seventeen (17) 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. Part-time (Job Share) Receptionist/Clerical Technician II/Police Department--The City has received over 230 applications for this vacant position. After screening the applications, 160 of the applicants were contacted by Assistant to the City Administrator Duffy and given a short interview over the telephone. From the results of the scores from this interview, approximately 40 applicants were invited to the Eagan Municipal Center for a written test. The testing periods were held on Wednesday, March 13, Thursday, March 14, and Friday, March 15. Approximately 8 to 10 persons will be selected from this group for interviews which will be held the afternoon of Tuesday, March 19, 1991. The interview panel will consist of Administrative Lieutenant Swanson, Lead Clerical Technician Vasquez and Assistant to the City Administrator Duffy. We are hopeful that a name will be able to be presented to the City Council at the Council meeting on Tuesday night as recommended for hire for this position, contingent upon successful completion of the reference check, criminal background check and physical examination requirements. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of a part-time (job share) Receptionist/Clerical Technician H for the Police Department, subject to successful completion of reference check, criminal background check and the City's physical examination requirement. Item 2. Hepatitis B Vaccine Policy--Because of their exposure to bodily fluids and the danger of contamination, it is the recommendation of Director of Community Development Runkle that building 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,volunteer firefighters and utility maintenance workers are currently on that list. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the addition of building maintenance workers to the list of employees at risk in the City's Hepatitis B vaccine policy. S I Agenda Information Memo March 19, 1991 City Council Meeting Item 3. Public Works and Park Maintenance Workers' Bargaining Agreement/Health Insurance Provisions--As a part of the 1991/1992 bargaining agreement which has been agreed to and signed by all parties involved, the issue of the City's contribution for family coverage for health insurance for those employees choosing such coverage was delayed until after the Police Association had settled their bargaining agreement. As the Council is aware, the bargaining agreement with the Police Association was approved at the March 5, 1991 City Council meeting. The City has been approached by the maintenance workers' bargaining unit. That unit proposes that they will accept the same provisions for employer contributions to family health insurance premiums for those employees choosing that option as is currently given to the other employees at the City of Eagan who have reached settlements, i.e., an increase to the previous year's amount of 50 percent of the lowest percentage increase of any provider premium. That amount for 1991 is $262.76 per month. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a health insurance premium contribution for those employees in the maintenance bargaining unit choosing family health insurance coverage for 1991 and 1992 of an increase to the previous year's amount of 50 percent of the lowest percentage increase of any provider premium. Item 4. Resignation/Engineering Intern--The City has received a letter of resignation from Mike Pike, an Engineering Intern, resigning his internship with the City in order to accept a position with the North Dakota Department of Transportation. A copy Mr. Pike's letter is enclosed on page for your information. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Mike Pike, Engineering Intern. March 1, 1991 MIKE FOERTSCH, P.E./L.S. ASSISTANT CITY ENGINEER CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN MN 55122-1897 Dear Mr. Foertsch & City Staff: This is my official notice that March 7, 1991, will be my last day with the City of Eagan. The position with the City has meant a great deal to me! I have recently been employed with North Dakota Department of Transportation, and I will be starting on March 11, 1991. Thank you for making the position available, and I hope it will continue to be part of the Engineering Department. The program was an excellent way for me and others to gain hands-on experience, while at the same time meet the needs of a particular project. I look forward to joining the North Dakota Department of Transportation and the challenges it has to offer. I 'm also glad that I have had the opportunity to be part of the City of Eagan. Thank you! Sincerely, Mike Pike r Agenda Information Memo March 19, 1991 City Council Meeting Item 5. Deferred Compensation Payment/Gin Knight--Gin Knight has requested a reimbursement by the City of Eagan for the IDS surrender fee of $3,151.26 which she personally paid to transfer her assets from the IDS deferred compensation plan to a similar plan sponsored and offered to the City referred to as the ICMA Retirement Corporation. The Personnal Committee of the City Council met with Gin Knight and discussed the surrender fee. After hearing the history and related facts, the Committee directed the Director of Finance to request a full reimbursement from IDS for the surrender fee. The City of Eagan has received a letter from IDS that agrees to payment of $500 which leaves a balance of $2,651.26. It is the recommendation of the Personnal Committee and confirmed by the City Council at a special meeting held on March 12, 1991, that Gin Knight be reimbursed the $2,651.26 difference by the City and that the Director of Finance continue to seek additional reimbursement for this amount from IDS. It was noted by the City Council that Gin Knight, a long time employee who retired in excellent standing from the City, was not aware of the surrender fee conditions and should not be responsible for this payment. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize payment to Gin Knight in the amount of$2,651.26 to her deferred compensation account for the surrender fee that was recently deducted by IDS when her assets were moved to an ICMA deferred compensation plan and further that the Director of Finance seek reimbursement of said amount from IDS through various means available to the City. 1 Agenda Information Memo March 19, 1991 City Council Meeting PLUMBERS LICENSES B. License,Plumbers--City Code requires that all plumbers in the City of Eagan be licensed on an annual basis. Enclosed on page (p is a list of plumbers whose applications are in order for consideration by the City Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the plumbers licenses as presented. PLUMBERS LICENSE MARCH 19, 1991 1 . Alta Mechanical 2 . Dolder Plbg & Htg and Pool Care 3 . M & W Water & Utility, Inc. t O Agenda Information Memo March 19, 1991 City Council Meeting SOLICITOR'S LICENSE/BLUE BELL ICE CREAM C. License, Solicitor's License/Blue Bell Ice Cream--An application has been received of Mr. Lloyd Ackert, Jr., on behalf of Bluebell Ice Cream to operate ice cream trucks on City streets in 1991. Mr. Ackert has been licensed in the City previously in this regard. In prior years, six conditions were applied to this license. They are enclosed in the memorandum from Administrative Assistant Witt on page ). for your review. Also enclosed without page number is a copy of the license application. The Police Department has identified no reason to deny this application at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a solicitor's license for Bluebell Ice Cream to operate in the City of Eagan in 1991, subject to the conditions as presented. 1 , March 12, 1991 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: APPLICATION FROM BLUE BELL ICE CREAM TO OPERATE ICE CREAM TRUCKS ON CITY STREETS. Mr. Lloyd Ackert, Jr of Blue Bell Ice Cream has applied for a 1991 license to operate ice cream trucks on City streets . Previous action on such applications includes the following conditions : 1 . Continuance of liability insurance evidenced by an insurance certificate . 2 . Hours of operation will be from 12 :00 noon to 15 minutes prior to sunset. 3. The approval is granted from April 1 until October 1 , 1991. 4 . The trucks will not generate a noise level greater than 65 decibels . 5. Caution swing arms will be required on each vehicle . 6. Local employment will be used for drivers operating in Eagan. The application and a letter of approval for the 1990 license are attached. Lt. Meszaros has given Police Dept approval . Last year the Council requested that this be a consent item. 1 Z Agenda Information Memo March 19, 1991 City Council Meeting RECYCLING LICENSE/VER-TECH, INC.. D. License,Refuse/Recyclers,Ver-Tech,Inc.--An application has been received of Anthony Vertin on behalf of Ver-Tech, Inc., a recycling service which has been active in the Twin Cities area for a number of years. A copy of the application is enclosed without page number for your review. It is in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a refuse/recycling license for Ver-Tech, Inc., as presented. SERVICE STATION LICENSE/TOM THUMB E. License, Service Station, Tom Thumb, 1446 Yankee Doodle Road--An application has been received of Tom Thumb Food Markets for a service station permit for their facility located at the Yankee Square Shopping Center at 1446 Yankee Doodle Road. A copy of the application is enclosed without page number for your review. It is in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the service station permit for Tom Thumb Food Markets for their facility at 1446 Yankee Doodle Road as presented. CONFLICT OF INTEREST/SPECIAL LEGAL COUNSEL F. Request for Waiver of Conflict of Interest - Special Legal Counsel--On March 5, 1991, the City received correspondence of Lee Sheehy of Popham Haik Schnobrich and Kaufman, the City's special counsel with respect to the Bieter litigation indicating that the firm represents Cable TV North Central, the City's cable franchisee, in a potential litigation against the Burnsville/Eagan Cable Communications Commission and the cities of Burnsville and Eagan. '/ In the correspondence which is attached on pages I through if,, the firm acknowledges the presence of a conflict of interest but requests a waiver by the City of Eagan to permit continued representation of the City as well as litigation against it. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of conflict of interest for the City's special legal counsel, Popham Haik, as presented. 3 ,17 r ur HRII MN i • YIY L ,,, ,,, 1 i a •1 POPHAM HAIK g4100 Owl CtNtef aCMND11111C34 I KAu►MAN, LTD. 1100►i►[■ TOE CA flee ftvt..tttw.n frtti an/OM.Nmyo. Dg.wvt.•eeten•OC 00101 Im Ik W[A►OLIt,MlwwttetA 11f a+n3 Tf.0•mewt 001.11[1.1100 Tlurwewt Itf•33•.At00 11 Ice►,!•007 3113-$I$4 Mi•NEA•OL(O, MINNCIOTA 1 tLt00rIt.1011-$14•1713 4100 CtwTtvt.►INANCIAt r 11200111T,ttT.N W • 1000 t hcown•••■t• SUIT21100fAST Y,....rte•IC•13131 MAJwlwniew,D C.10001 t■u ens.fte•belle Lee E. Sheehy, Esq. Tait MI 1212 3700 TILao.It..n...to,00tt Direct Dial (e12) a34-2074 Ttlteorn!!tot•ffa 4 0 March 5, 1991 BY TRLErOPY James Sheldon Eagan City Attorney Severson, Wilcox & Sheldon 600 Midway National Bank Bldg . 7300 West 147th Street Apple Valley, MN 55124 Re : Eagan/Burnsville Cable Communications Commission Dear Mr . Sheldon : Our law firm represents Cable TV North Central on an ongoing basis in matters in Minnesota . Franchises operated by Cable TV North Central include the Eagan and Burnsville area . Pursuant to a joint powers agreement, the Eagan/Burnsville Cable Communications Commission regulates Cable Tv North Central to the extent permitted by state and federal law. A recent dispute between Cable TV North Central and the Eagan/Burnsville Cable Communications Commission appears destined for litigation. As you and the City Council are aware, the firm also serves as Special Counsel for Eagan in a lawsuit. For that reason, it would appear appropriate under the Rules of Professional Conduct to request consent of the City of Eagan to continue our representation of Cable TV North Central . I understand that the City does not wish a long, elaborate discussion of the events leading up to and resulting l James Sheldon March 5, 1991 Page 2 in litigation. Therefore, I will offer only a few observations concerning the issue of consent . First, this lawsuit arises out of the acts of the Eagan/Burnsville Cable Communications Commission, a separate governmental entity. The Cities are named defendants because the franchises are issued in their names and, in our view, would probably be considered necessary parties by the Court . Second, we do not believe that the ongoing representation of Cable TV North Central will adversely affect the relationship with the City of Eagan. The loyalty of the attorneys involved in the representation of Eagan will be unaffected. They will have no involvement in or knowledge of the litigation on behalf of Cable TV North Central . Matters which came to the attention of attorneys in their representation of the City of Eagan would be unrelated to and unavailable regarding the other attorneys ' representation of Cable TV North Central . Attorneys in our firm who are involved in the representation of Eagan firmly believe that the representation of Eagan will be in no way adversely impacted by other attorneys ' representation of Cable TV North Central . For those reasons, we are requesting consent . we would be happy to answer any questions of the City Council . Very truly yours, L E. Sheehy LES/gag cc: Clifford M. Greene ZLES/976 /S Agenda Information Memo March 19, 1991 City Council Meeting DAKOTA COUNTY ECONOMIC DEVELOPMENT PARTNERSHIP G. Recommendation from the Economic Development Commission Regarding the Dakota County Economic Development Partnership--At its regular meeting of February 26, 1991, the Eagan Economic Development Commission considered the merits of City participation in the newly formed Dakota County Economic Development Partnership. The partnership consists of representatives of cities, chambers of commerce, local utilities and the private industry council. The purpose of the organization is to increase communications among and between both parties working in the economic development field throughout the County and to coordinate those aspects of economic development efforts which are common to all or duplicated. The group has been meeting somewhat informally since the summer of 1990 and has developed a strategic plan which is summarized on pages f 7 through3 for your review. While the City has been monitoring the activities of the partnership to date, a request has been received of Dan Aberg, the Northern Dakota County Chambers of Commerce Executive Director, that the City take a more active role, including participation on the group's steering committee. At the present time, the group is working merely as a network being staffed by the Private Industry Council. At the present time, there are no costs associated with membership in the partnership. The Economic Development Commission is recommending that the City formally approve participation in the partnership and direct staff to represent the City's interest in it. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the Economic Development Commission recommendation relative to participation in the Dakota County Economic Development Partnership as presented. 1 (0 [IPURPOSE I Dakota County professionals involved in economic development have indicated that a need exists to create a network to address key issues surrounding economic development throughout the County. This alliance would increase communication throughout Dakota County to create a unified and coordinated approach to economic development. This communication network could, through increased creativity, foster collaboration, expand existing options and result in productive county-wide economic development efforts. III.BACKGROUND I A variety of public and private sector agencies in Dakota County have been responsible for economic development efforts. As the fastest growing county in the state,Dakota County offers tremendous diversity. While each community has done an excellent job at shaping its own development,overall county-wide development requires continuous and cooperative discussion. While many communities throughout Dakota County have professionals who work with economic development issues daily, there is little collaboration occurring collectively. Economic development leaders may not be fully informed of what is occurring throughout the county and find themselves competing with each other rather than cooperating for the "good of the area," and are in need of a well-planned, county-wide marketing plan. Leadership,pride,and growth clearly exist in each community. Community representatives acknowledge that an overall "umbrella" network for sharing information does not exist, although several informal economic development networks do exist and may overlap. Professionals,respectful of others'"turf,"work within their own defined areas. There is a need for centralized,basic information about available economic development resources including financial tools,technical assistance,infrastructure systems and market- ing tools. Economic development leaders frequently ask: • What processes do we use to help us deal with multi-community issues to more effectively plan,operate,and manage economic development efforts? • What forum is available for Dakota County leaders to discuss the direction of economic development? • Would collaboration help to solve problems,enhance decision making,or capi- talize on opportunities? • What opportunities exist to enable us to improve our economic development efforts in Dakota County? • These questions led to a meeting of economic development professionals. This group discussed the need for an economic development "clearing house" in the County. This 000004 "clearing house" concept was the catalyst for creating an atmosphere of cooperation, resulting in the first Economic Development Symposium meeting held on May 31, 1990. III.SWOTS: STRENGTHS, WEAKNESSES, OPPORTUNITIES, THREATS A.S • Strong economic programs are currently in place with strong economic develop- ment staffs (e.g. cities,chambers,county). • Most cities have acquired Star City status. ■ Diverse transportation access is available. • It is an opportune time for policy. • Dakota County is a very diverse county: urban,suburban,rural. ■ Dakota County has a good, strong,young population as the nation faces a labor shortage entering the '90s. • Dakota County has a lot to sell: parks, schools,housing,etc. • The County has a progressive school system. B. Weaknesses • There is no communication (in terms of what others are doing). ■ There are differing philosophies among the communities in Dakota County concerning economic development. • Some communities do not have or want an approach to economic development. • The County's role in economic development has not been defined/established. • There is not a unified communication network i.e.newspaper,cable,radio,etc.) • County staff time is limited. • Diversification of development/redevelopment exists, creating different goals from an economic development perspective. • There is a lack of input into the County's economic development tools(e.g.Light Rail Transit). • There are multiple sources of information,some of which are unclear,inconsis- tent,or inaccurate (i.e.out of date). • The County HRA needs clarification on how to support cities and communities on economic development. • ■ There is no single voice or pooled effort for recruiting businesses. • There is a lack of available financial and technical resources and incentives. 000005 1 C.Qpnortunities • To empower groups to join together to coordinate resources including both people and information. • To identify common needs and develop solutions to meet those needs. • To avoid redundancy through an economy of scale. • To create a uniform,county-wide system to meet developers'needs and plan and shape the development of Dakota County. • To educate existing small businesses to effectively compete against incoming competitors. • To identify an appropri ate marketing niche and create a plan. D.Threatt • Turf; inter-city competition and County vs. City responsibilities. • Sensitivity to presentation. • External forces that impact companies (i.e.possible recession). • Citizens' desires that differ from regulators' or developers'. • Inability to anticipate industry needs in a timely fashion. • Highly skilled,high wage earner opportunities tend to be across the river. • Future development that could internally and externally affect the existing quality of life. "�` 1IV.AUDIENCE \,\ \ \ \ `� : A.First Tier City Economic Development Directors: Hastings, So. St. Paul/Inver Grove Heights, Eagan, Rosemount, Apple Valley, Lakeville, Burnsville, Farmington, West St. Paul,Mendota Heights Chamber of Commerce Economic Development chairpersons: Hastings, So. St. Paul/Inver Grove Heights, Northern Dakota County, Burnsville, Farmington, Lakeville,Apple Valley Township Officer(representing 13 Townships) Utility Companies: People's Natural Gas, Dakota Electric Association, Centel, Contel,NSP,U.S.West,Minnegasco,United Telephone Co.,Soo Line Railroad, Chicago Northwestern Railroad,Burlington Northern Railroad Private Industry Council:Board Members,Economic Development Committees County/HRA Representatives Job Service O0000G 19 Community Colleges Inver Hills,Rasmussen Business School,Dakota County Technical College B.Second Tier Mayors City Council Members Corporate Representatives Dakota County Citizens State Economic Development Representatives V. MISSION STATEMENT To build and maintain an effective public-private partnership enveloping all of the Dakota County region's economic development resources to: 1.Create a healthy and diverse business environment for new and existing busi- nesses. 2.Enhance quality job opportunities. }vi. OBJECTIVES To promote Dakota County as a progressive business environment. To ensure the continued development of a sufficient labor force that is skilled and educated to meet the needs of Dakota County businesses. To develop a communications network among members of the economic development community in Dakota County. To establish competitive financial incentives for business growth and development in Dakota County. To provide data necessary for business attraction,retention and development. To foster the development of infrastructure systems that meet the needs of Dakota County businesses. To create a business retention plan. IVII.STRATEGIES A.13 a ckground The Economic Development Symposium Subcommittee consists of volunteers from the May 31-st full Symposium meeting. • • 000007 20 The Subcommittee members are: Dan Aberg, Jim Beran, LaDonna Riste, Tom Norman, Kari Gill, Brandt Richardson,Cal Clark,Judy Tschumper,Mary Schoessler,Dennis Welch,Tracey Pechonick During summer workshop sessions the Subcommittee outlined several strategies for meeting the objectives developed by the full Symposium. Each Subcommittee member took at least one objective and identified several strategies that could be used to achieve the objective. After accumulating all of the strategies, each Subcommittee member selected three priority strategies which were do-able and cost effective. The Subcommittee reviewed the information and narrowed the strategies even further to determine the final recommended strategies for the full group to review. This report outlines the overall strategies and a list of recommended Symposium strategies for 1990-1991. B.Subcommittee's Accumulated Objectives and Strategies Objective: To promote Dakota County as a progressive business environment. Top Priority • Identify key contact people throughout the county, develop a marketing cam- paign, and create a fact/information brochure, to encourage business retention and expansion. second priority • Evaluate the effectiveness of current promotional programs and identify oppor- tunities. Second priority • Research competitive marketing strategies adopted by similar entities. • Develop a Senior Core Of Retired Executives (SCORE)program. • Gain Star County status if appropriate and cost effective. • Access existing resources (i.e. Metro East, Dept. of Trade and Economic Development). • Host tradeshows. • Explore the marketing opportunities/efforts that may exist by working with county businesses. Objective: To ensure the continued development of a sufficient labor force that is skilled and educated to meet the needs of Dakota County businesses. Top Priority ■ Strengthen the efforts of the educational community in developing programs to meet the labor force needs of county employers. • Explore the development of progressive programs (i.e.ethics and training). • Survey businesses to determine their labor needs. • 000n0P Objective: To develop a communications network among members of the economic development community in Dakota County. Top Priority • Conduct quarterly meetings with the full Economic Development Symposium group. Second Priority • Enhance communications among cities and townships. • • Strengthen relationships among Chambers of Commerce. • Create and distribute an information fact book on Dakota County. • Create and distribute a newsletter. • Conduct business"after-hours"events. Objective: To establish competitive financial incentives for business growth and development in Dakota County. Top Priority • Hire an economic development consultant to review possible and existing incentive programs and recommend methods of meeting deficiencies or oppor- tunities. Second Priority • Investigate the need for a public/private entity to provide financial incentives. • Support efforts to get a Small Business Administration Small Business Loan program (504)designation. • Request that the Dakota County Housing and Rehabilitation Authority (HRA) consider the appropriateness of taking a more active role regarding development of financial incentives and whether such steps are possible under the current charter. • Establish a subcommittee to work with the consultant and the County HRA to review and recommend the next steps. Objective: To provide data necessary for business attraction, retention and development. Top Priority • Establish a subcommittee to review data requirements of existing and prospective businesses.Ensure that all necessary elements are incorporated into the County's Geographic Information System(GIS)and promote its rapid completion. • Identify necessary data beyond the GIS. a Determine what data other economic development organizations use to attract businesses. • Assist in the marketing of GIS data to private purchasers to help fund its expansion. • Encourage cities and the County to cooperatively fund GIS development within their jurisdictions. 003709 <9 • Agenda Information Memo March 19, 1991 City Council Meeting 1991 FEE SCHEDULE AMENDMENT H. Amendment to 1991 Fee Schedule—Following adoption of the 1991 Fee Schedule, the Department of Public Works and the Finance Department were informed of an increase of the purchase price of the various categories of water meters the City uses. The table below illustrates the new purchase price, current sales price and proposed sales price in each water meter category. In some cases, the new purchase price exceeds the current sales price. In other cases, the difference between the purchase price and the current sales price do not provide adequate margin for costs of handling and distribution. Current Sales Proposed Sales Water Meters Purchase Price Price Price 5/8" x 3/4 " meter $ 69.95 $ 90.00 $ 95.00 3/4 water meter 105.18 120.00 135.00 1" water meter 132.50 125.00 155.00 1 1/2" water meter 283.00 325.00 330.00 2" water meter 402.00 455.00 465.00 2" compound 1,062.00 970.00 1,140.00 3" compound 1,356.00 1,205.00 1,440.00 4" compound 2,177.00 1,900.00 2,260.00 6" compound 3,941.00 3,620.00 4,050.00 2" turbo meter 463.00 475.00 530.00 3" turbo meter 649.00 639.85 730.00 4" turbo meter 1,150.00 1,075.00 1,230.00 6" turbo meter 2,401.00 2,220.00 2,500.00 2" copperhorn w/swivel 13.20 16.00 Remote wire (over 35') 0.06/Ft Outside Remote Read Out Meters 16.00 Outside Remote 'Touch Pad" Meters 12.00 =Replacement (provided the first time with meter) ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the amendment to the 1991 fee schedule to incorporate the proposed sale price for water meters as presented. at/ ■ Work with the County GIS coordinator to inform the economic development community of the purpose and content of the GIS. • Identify essential steps in the completion of the GIS and monitor progress of all efforts. • Continue and enhance the existing network of city/county GIS administrators. • Enable access to other appropriate data bases through the GIS system. a Investigate the need for a college program preparing people for a GIS career field. -Inver Hills Community College -Dakota County Technical College Objective: To foster the development of Infrastructure systems that meet the needs of Dakota County businesses. Top Priority • Survey the needs of businesses. Facilitate a continuing dialogue between busi- nesses and the cities and County. • Explore future options, growth requirements, etc. (i.e. Will future telecom- munications needs in the county be met?). Objective: To create a business retention plan. 'op Priorit • Create a survey specifically targeted at business retention in the county. ■ Where appropriate, write a supplement to planned community or Chamber surveys,to address County-wide concerns. • Write and distribute the plan. • • 00C)010 • � 3 Agenda Information Memo March 19, 1991 City Council Meeting CLASSIFICATION/TAX FORFEIT PROPERTY I. Classification/Tax Forfeit Property--Enclosed on pages,26through 50 is a certificate of classification of forfeited lands received by the City from Dakota County together with graphic depictions of the subject parcels. The parcels have been reviewed by City staff and no public uses have been identified for them. As a consequence, it is appropriate to consider approving these parcels for a non-conservation classification thereby permitting the parcels to be disposed of by the County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a recommendation to the Dakota County Board that the above referenced parcels be classified as non- conservation properties. II, Form No. 440A—LAND CLASSIFICATION.-4 Conservation Non-Conservation E-. P_t;5.FIl CERTIFICATE OF COUNTY BOARD OF CLASSIFICATION OF FORFEITED LANDS AS PROVIDED BY CHAPTER 386, LAWS 1935 AS AMENDED. To the •.••:., Board of the City of Eagan City We, the members of the County Board of the County of Dakota , Minnesota, do hereby certify that the parcels of land hereinafter listed are all of the lands which have been classified by us asnnsonservation lands, from the list of lands forfeited to the State of Minnesota for non-payment of taxes for the year or years 1986 as provided by Minnesota Statutes 1945,Section 282.01 as amended. SUBDIVISION Sec.or Twp.or Range Appraised Value Appraised Value Lot Block of Land or Timber 10-14991-010-00 Briar Hill 2nd Addition Outlot A 10-45700-150-00 Lone Oak Outlot 0 ! i 10-64700-010-00 Royal Oak Circle 1st Addition Outlot A i I 10-64700-050-00 Royal Oak Circle 1st Addition Outlot E 10-64700-060-00 Royal Oak Circle 1st Addition Outlot F **** The above 3 descriptions, Royal Oak Circle 1st Addition,l0utlots'A, B ard F have been replatted and are now described as the following 3 parcels: 10-64701-010-01 Royal Oak Circle 2nd Addition Lot 1 Block 1 & interest attributable to common area being Lot 4 Block 1 1 1 ;I 10-64701-020-01 Royal Oak Circle 2nd Addition Lot 2 Block 1 & interest attributable to common area being Lot 4 Block 1 2 1 � I 10-64701-030-01 Royal Oak Circle 2nd Addition F j Lot 3 Block 1 & interest attributable to common area being Lot 4 Block 1 3 1 i 10-64700-080-00 Royal Oak Circle let Addition Outlot i H 10-65850-060-02 � , Safari Estates 6 2 i I i I � I i a6 REVISED 1-27-84 12 - 1 -88 10 - 4 - 90 R 23 BERNARD H. CARSON COUNTY SURVEYOR 1. ' ' DAKOTA COUNTY,MINN.20 JANUARY, 1978 ••: '•r•, 1 ._"', . . ,::.. to 14991 010 oC 00-k tt{ A L3R i p, pc-, ■■ a rid add . 11et0 a 14(11 I ►ertiestt anel- —_ r 36 :T ° ,,, BELL � � R ROAD' 'l!sft Y '^!Y e ....'CV t♦{e. . ' WT e. XIF: T!). 1,10 44 .9�7e%I N-' ' 101)4 >p'30 !t/ gyp-. 't11. 1 O C 2 C 1 c s` w� ! -• 2 sly I - I Y�Q « I ~ - 8 .' 7..�- >< .e wl W *. •e•se l:t rz az xd i• [ ch ♦i�a: uls 0 Y , a. IF > t •LI 7 C -r ��� nF3 6 . I!. 5 6 L i!.„ Si.j,. e•1 6 S ( w •• �t..L• Y ,,,eP ilt''� S ti (r „ �. J 6y G ; .errs.) /:"..../-. (`l/ _ s:,g 7, s� ?�•UK.IC ti -jy�. _� r ftY7--r��7 �, 11 . `11 Q •ues ♦c 7t 2 ".� , &-i/tiryi, " - i , ..""Z" F- urr S �S' �X . . Y 9 it' • r 65 -.. ro!'j5 9 i`!:�. ? d• E�4 !t. t v`r re _\ •- ,�� 6•s_ 7�. .6 I' ^ V �,'�i- �� �.Y 12 4i 6, e 61 +,.�"�,/'^: r' .'S ti 13 1 j *off,, •'t, �: .5'14`,.'i 9 -' 60 ��it •••.t., y Ct • 11 ark‹ t° fie' '. .,:,c 11 °1a, 10 ; k J.,,� Yr►';—t i" 62 ', `\ 1 O - Q 'c 1�'t �i.'+' N l+;. 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T , .` ♦ft V.i 1 y 1 W 0 100 tc) 1 . mob ?0,+f 1 i Z i'• ; u O1 i - ouTLOT • 1„, h 1 c __ i tX 4. 1 cr ' • Q- ' a- c ,4 it I^ 1 :-lJ, ' •l Z ; t'. ,+�� Q NORTHWEST / '� 1— i tx ' •Ry4i„ /:il N. O , _. O N 1 1 . . P N1°°.. t 1 ..' • I ■ i 1 1 ''''''11,., OuTL.OT o I 7 Y `S T 1 t .1b W , ` � E Q 1 . �” •Ytt•t • y_ 1 kb 1 t oZ t • 1 . I 1 SLU . 5 � J. 27, R . 23 Yai 14 14111 I..•:1 I/I`I , a" ;..• 1.4-"-r ' r. — t 6\ �\ THE '".t: SA-. ARP as 1 �X o.w .' i:o A . , 6c 4 'Y S SE :. • ,9 Y Z. �,,,..>y ... ''.*.ii--, OCR 'ar ,,'T V1I1.1 •"",. •44.51 % '1.`•., 4r• v' / p-. ,t's rpo NA e''' : •+r'''*'�1 y'1:y'- ---,, ADD°`ITION- _,cw t^� .\ • r . .:,- :,I -,•-" 00 `" :111\i + • 6414 ' � � 1 A .," . \ e4- 7.1' •IS. • \ ♦ 4\ ,4. I fumy".• ik G* i • .S P `,.0 1 •� r" / f? L 0 " s'r ��� J •.�\ 'q / / Sq.cA 2 1 4 s�r�-i2 ,�' G; r , ; 11 • T I % .,d `b ,, I q�( .taJ •d• •• ;a„i ., ^ I " r ia 1. ,.. ..' t,'• �,•ti ti, I� 2c i Z� ,2 /• 4) 0 '� .+n„ :' - _t•:*,� X00' •a. & :2 ♦ a •b a'e •. 9,t�Q Q 24 i -Ws' 2[ 6-if Q +' . 22 .47.";‘. ,•ate W w • =ter ++•0+ �_. i2•, 1A, '0400 rR 1'�', -�/ fir iO 44."/.^ i,,, W 441, 01 T / 11 ' `/ti Rse_ $ �'Cr / gY 48 1 :I.:./k•1 if rlU*U 22a a2` • j• _fir Jer"s d• 1�r i •14^+2'a1M1�—� 'per• 'o' " 32 yi?,,,k.,. r t ,iI y • V r 'Cr c 8 r Y !k / .i a. / •4.y. ••g 6yi y //. Q / r /• Qf 6 ♦. j , '.�=` � = 0■0-11 i;- / QC\ c•,..61, W (1••Ul 4 f r • /, 'e • ' _ • :1 • g "• • Nii, . 13n •4 O• in • V R 0 �� i� DRIVE Eon, g• • •w y, • •.• W 5 aiC,a,,rim • 1 r..._.• .�,,, - !•...,.i"parr / 1 : as ll • r—� c- „... 113MI ,, ,..# -y- .....4 �� SE • a I 1 . ' ' ': -4 ga , L. . jim , ® • •IQ a AD ®� ®00 ,t y 4 41 MI = -_- •u : 4t . NUY- UAK ' IRC ' ,0,3RD u,ar •h • q `AO J ! +•ti".' r ^I ,. 7.1 • ,•' •. '! •uric•- "Caw•u Linn .•• .�•� , �• ' ..r•0,>L '' a ,"Q - • CIIRCL 1 ;y v 4.0 t ti - : • L, ^,li. I !z � i . ....fix <<i rA 73 Y I ,r roit �. 2 N=0 ADDITION, ' 0_, vv 1 ; - ti 3 rY : 6 �1 --`Milli!•-- - ••S61" • . •1rgN1 - ' + ... rsalc . __ _ .1:. ••• �j nataa:.i• r ♦' O- • a a __ ,..>!t?i 2 ! ;. OVzICi f' YY I. 'JA a - ' t' • ur;121 • ) 44a i•, it VI4Li. • 1,_LANE 'a.- 1 O ..t 1.1: t•w .0 ■• •■■• • .• I. •A ... /.•1 ,$ ■ ■ J. o f f• r` 4/• Rana. air tit i l l) 3D • Agenda Information Memo March 19, 1991, City Council Meeting RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING (JOHNNY CAKE RIDGE ROAD) J. Project 524, Receive Final Assessment Roll/Order Public Hearing (Johnny Cake Ridge Road - Streets & Trailways)--The continuation of street improvements on Johnny Cake Ridge south of Diffley Road and related trailways have been completed, all costs tabulated and the final assessment roll prepared. This roll is being presented to the City Council for their consideration of scheduling a formal public hearing to be held on April 16, 1991. Staff will meet with the affected property owners prior to the public hearing to review the proposed final assessments and to address any concerns they may have prior to the formal public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 524 (Johnny Cake Ridge Road - Streets & Sidewalks) and schedule a public hearing to be held on April 16, 1991. RESOLUTION DESIGNATING SEVERAL MUNICIPAL STATE AID STREETS K. Approve Resolution Designating Several Municipal State Aid Streets--The City of Eagan is eligible to designate 20% of its local street mileage as Municipal State Aid Streets (MSAS). A combination of the construction needs of these State Aid designated streets along with the City's population entitles it to a proportionate share of the gas tax revenue collected by the State of Minnesota. Therefore it is to the City's advantage to designate the maximum number of streets. At the end of 1990, the City had 3.49 miles available for additional MSAS designation. In reviewing and evaluating the potential growth of the City and its major collector street needs, the staff is recommending that the streets identified in the resolution contained on page lam,be designated as Municipal State Aid Streets. Enclosed on page 33 is a map showing the location of these designations. In order for MNDoT to formally consider this request, it is necessary for the City Council to formally approve the enclosed resolution. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution designating several municipal state aid streets and authorize the Mayor and City Clerk to execute said document. CITY OF EAGAN RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS WHEREAS, it appears to the City Council of the City of Eagan that the streets hereinafter described should be designated Municipal State Aid Streets under the provisions of Minnesota Law. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Eagan that the roads described as follows, to wit: SEGMENT TERMINI LENGTH Duckwood Dr. Federal Dr. to Crestridge Lane .188 miles Duckwood Dr. Crestridge Lane to Pilot Knob Rd. .063 miles Federal Dr. Duckwood Dr. to Yankee Doodle Rd. .441 miles High Site Dr. Pilot Knob Rd. to Marice Dr. .272 miles High Site Dr. Marice Dr. to Hampton Dr. .365 miles High Site Dr. Hampton Dr. to Lexington Ave. .363 miles Hampton Dr. Yankee Doodle Rd. to 620' S. of Clubview Dr. .782 miles Hampton Dr. 620' S. of Clubview Dr. to Clubview Dr. .117 miles Clubview Dr. Hampton Dr. to Lexington Ave. .186 miles TOTAL 2.777 MILES be, and hereby are established, located, and designated Municipal State Aid Streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this Resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said roads or portions thereof, that same be constructed, improved and maintained as Municipal State Aid Streets of the City of Eagan to be numbered and known as Municipal State Aid Street: 125-010 (Duckwood Drive) , 125-020 (Duckwood Drive) , 126-010 (Federal Drive) , 127-010 (High Site Drive) , 127-020 (High Site Drive) , 127-030 (High Site Drive) , 128-010 (Hampton Drive) , 128-020 (Hampton Drive) , and 128-030 (Clubview Drive) . CITY OF EAGAN CITY COUNCIL By: Attest: CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council of the City of Eagan on March 19, 1991. E.J. VanOverbeke, City Clerk City of Eagan 7.2: • 7 -.-,•_ -' !..K-r-CoS-..Ct r■—.•:3c 1 I c H RI-CIG..t t,.> ',.a.''_'■—,_.L_. DI : / 7• ..-.1▪ ..,..,r• \•'c`in1 i! ,l 1 ... .' ie 1( .'•'. — -_,---,--■ :1, ,;'. ,, ,i,/,\r,.,ep',,,' ...-. ---,1________„,i. , ,i(\y, . _______„..,—J 1*-- • , • -;-::1; s•' ..s47/1,. . _ . .', .--i.ictEE ...."-.J3 ST. L, •/ e • .,r-' 1-- 1 EEF .. - ,1 -, e.5TE-PriA•tit , .____.:L..._:,;.:- , A •„, -t, i.. ,-- cx 4 ,-%."4 '1.1/4' .• • : ----\\'' 5Cikt://4 . . ...i. .Z. ,AL `' , - - Vr - ,.., ,,,, t.7c,71 ■• Li.. ,r ,,,, .../ / - r ,. ,; _ -tANIER' L A.'-.1„,7 \1^.(.. ,K., i ••-li,- :;•, -.,''r------, _ , ■) 1 z , I.' 0: i.p.-, 0 , .--,:‘,11 Z t --- // ,• • Il '' II . LI. (1 ' /I @,) ' I' -' 1----- - - or ol I ..., . '..)- .ff. s-,\',._.5.1, --i• .• , .... . -1 ,,,,,,,,. 1.17:.„..-!"-:. ,,,m:1. :2 ir. R2..,..0(' ? '111!,'C' ,•-',..-CIA"„s, 1,"Liii •-•:-.--...:: 1, L.:, ..!,,',,),___ if .,,,' ... ' , / e•,*•' • ,.,,, . __,V, r.■I'L -•—•' ' r `-' F-.3: ,;,=II \, ' : Li;, --;.--- 7--- -- ....,t L,;; ,...,it .'• .J Lf '0,,,_' '\■\Eli :Jo ,t DR. o , \..• -'L c-',,_._1:_ L, C C-A.1 L.- Ri. '3*.‘,tir:r. vI.Ett• RC..- \N,..s, ',....,.'s, --\ s- ", ,„..CO ‘..,4 1)1,__:.,_ ,:„-i• ... ,- - ---_:-:-.:2:-...-==...-_-.- - ‘ • . f r■ .. ,....v .1 I,.. .M.1; •':;.-"--'---'"-• 75' .1- l:.7 I: ,,,\ .s....,_, ••• a", -••••,, • ,, ft, 14 G.E.0.413a •-- c ,_*„ ,.: i “.::. • L. 7t1 1 1.:aj V.5;L -'••■,,,,.:,:,..._,,, ( e., ....z!' ci. 0,,..1 •‘?:.' :-...,,_ -j V. ,;',--\Y,- • 4 h." 1.:',' I'L. i.. ' •,-,!•' 371. ...4c.,., • - 4 . HIGH SITE DRIVE ,..._.,..i....pipc,,E 0F._ * --11--:• • . -./'' * 04 ii,;• =:• / I+ * = Nokeri.:z 1 : r, '1'i. //' ,• __IC*• ,.•-:- , 4 •C* X • .3.; ,.., -,---. ...12 0 e ..,.' 14: :. .„. -- . _ _ -_e•_ 'w . . . - _ _ _ _ _ . ,. 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'.)7. ji ' '' ' --../ t.:' .•J,- i. i \- i'-'• 7.-(' •' ' • V t/r ,-,:t tE 7,',-'.-.-,L___I : ----,...-•-."- .---_..,...,,'r 7 7:f7.: i' .,.'N„E i-' i•3;. ;Fry/. tr:r.- \ =Ye - L I. -n=2,-V. 9.3A' .-- • c V -1.. •---- - - 1 RJ ••. i —— '---..- •---,. \ C 0 ,, 11,:.....,,,Z---.7-----_,T--••• C.Z-----7:, — 1.,. . . -„,...\.„v./7,,,e C. X c% ll I-I c.rle) • •• • ..,-, l'''s .41',' '-- - I >' -'-..- .t''*• _',....) 1r,ct. / zr , ,,,I ■,\..4.11•4., ..—.-- U.:--.••••• ,!\'''---.; - -'-— --17-' 4'7 :.••••''''s---..7.z_'..yZ,, ,,, I, . ••: C..■Le 'r 7 --.--••... ' ,,r.,,_ • •'-. . .. 7,7"-', c 4,..'•-4•„,-. ,---...--, 106 sc ,1 - -'.• • .......•- . " " '- resereraiiirrear .0 •---- ,3 ,...i - if 3c E, ri;....r..._o_......-, . BF 4,- CREEP :• . . , • „ .------------L --:---"2„1..) • 41,,- 5,i IL_-_, (J,. -- tit:STblik Yr)iiii-L- I.-rtii' • ' .), , 1-., ------- "Ti... • 4-- ' 11 -3 cr.:-.E7Tt-T---z• '" .. . ,,...., ; ,,__ • - ...... standard 1 city of eagan approved: plate # : PUBLIC MSA DEdbooTION ,g --- ) WORKS ' e CC CV ( DEPARTMENT .--...... Agenda Information Memo March 19, 1991, City Council Meeting AUTHORIZE FEASIBILITY REPORT. PLANS & SPECS (WELL #16 & TIMBERLINE WELL CONNECTION), L. Project 611, Authorize Feasibility Report, Plans & Specs (Well #16 & Timberline Well Connection)--In projecting the community's future water supply needs,staff is recommending that Council authorize the preparation of a feasibility report and concurrent plans and specifications for the development of Well #16 to be located within the Unisys property as well as the extension of raw water transmission mains to connect the existing Timberline Well to the Coachman Road Water Treatment Facility. This additional well and connection of the Timberline facility is in compliance with the phased expansion of our water supply, storage and distribution system contained in the Comprehensive Water Plan adopted by Council action on October 6, 1988. ACTION TO BE CONSIDERED ON THIS ITEM: Authorize the feasibility report for Project 611 (Well #16 & Timberline Well Connection) and simultaneous preparation of plans and specifications. AUTHORIZE FEASIBILITY REPORT, PLANS & SPECS (MISCELLANEOUS SEWER STATIONS - UPGRADING). M. Project 612,Authorize Feasibility Report,Plans & Specs (Miscellaneous Sewer Stations - Upgrading)--As a part of the City's ongoing maintenance and monitoring of our existing sanitary and storm sewer conveyance systems,three specific pumping/metering stations have been identified as needing expansion/upgrading to accommodate the increasing flows through the facilities as well as minimizing continuing and increasing maintenance costs. The three facilities are as follows: • The sanitary sewer metering station for the Apple Valley Zoo on Johnny Cake Ridge Road. • A sanitary sewer lift station located on Blackhawk Cove • The storm sewer lift station located on Lexington Avenue north of the US Bulk Mail Center facility. The improvement of these various sewer stations are in conformance with the proposed 1991 equipment improvements as a part of the 5-Year CIP. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize a feasibility report for Project 612 (Miscellaneous Sewer Stations - Upgrading) and authorize the simultaneous preparation of detailed plans and specs. 311 Agenda Information Memo March 19, 1991, City Council Meeting APPROVE CHANGE ORDER #2 (SKYLINE RD N. Contract 89-05, Approve Change Order #2 (Skyline Road - Storm Sewer & Restoration)--This Change Order consists of the following parts: Part 1: Due to the steep slopes adjacent to T.H. 13, continuous runoff from the adjacent drainage district inhibited the newly seeded area from becoming established with proper vegetative restoration. Subsequently, a fiber filter blanket with an insulating mesh had to be installed to hold the seed in place until it could become rooted. (Add $2,266.50). Part 2: Upon completion of the storm sewer system discharging water into the existing ravine, an existing 30"steel culvert had to be reconstructed and repaired to accommodate the additional flows from the new improvements. This was not anticipated nor known at the time of the original project. (Add $1,005.75). Part 3: Reconstruct the invert of a sanitary sewer manhole due to its relocation to accommodate a future subdivision of adjacent property as a result of the right-of-way and easement condemnation negotiation. (Add $171.10). The total amount of this Change Order is an additional $3,443.35 which is less than 1% of the original contract price. It is anticipated that Part 1 will be the responsibility of MNDoT's participation of the frontage road upgrading, and that Parts 2 & 3 will become part of the assessable cost for this overall project. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 89-05 (Skyline Road - Storm Sewer & Restoration) and authorize the Mayor and City Clerk to execute all related documents. 3 Agenda Information Memo March 19, 1991, City Council Meeting CANCEL PROD 549R, STRATFORD OAKS O. Cancel Project 549R, Stratford Oaks--Stratford Oaks was a proposed development located in the southwest corner of Thomas Lake Road and Diffley Road. This particular property had three different proposals all requesting the installation of storm and sanitary sewer to service them. The first development proposal was processed through the City of Eagan during the spring/summer of 1988. Through the course of time, this project has had three public hearings and has been bid under two separate contracts only to be canceled due to lack of the developer's ability to follow through with the final plat requirements. The most recent public hearing was approved on February 6, 1990. The City Attorney's Office recommends that if a contract cannot be awarded to construct a particular project within one year from the date of the public hearing approving the project, the project should formally be canceled and any pending assessments removed from the property. Subsequently, staff is recommending that the Council formally acknowledge the inability of the developers to complete their final plat requirements and to formally cancel Projects 549 and 549R (Revised) and require the developer to reimburse the City for all costs incurred in preparing the various feasibility reports and detailed plans and specifications for the multiple contracts that the City has incurred to date. ACTION TO BE CONSIDERED ON THIS ITEM: To cancel Projects 549 & 549R (Stratford Oaks - Storm & Sanitary Sewer) and require the developer and/or property owner to reimburse the City for all costs incurred to date. 3(. Agenda Information Memo March 19, 1991 City Council Meeting AMEND CITY CODE/ESTABLISH COMMUNITY INVESTMENT FUND P. Amend City Code Establishing Community Investment Fund--The Community Investment Fund, a revenue source for the financing of public projects, is in order for consider ion. A co of the ordinance as amended by the City Council is enclosed on pages through . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the ordinance amendment entitled Community Investment Fund. )4.1 COMMUNITY INVESTMENT FUND Fund Created. There is hereby created a separate fund to be designated as the Community Investment Fund. This fund shall be maintained in the official City records and administered by the Finance Director in accordance with the provisions of this section. All surplus moneys in the Consolidated Debt Service Bond Fund which remain after the costs of each improvement have been fully funded, and which are not transferred to another separate improvement fund, shall be transferred to the Community Investment Fund. In addition, the following shall be deposited in this fund: a. All collections of special assessments and taxes levied for the payment of the costs of an improvement which are received after the improvement costs have been fully funded. b. Investment earnings generated by the moneys in the Community Investment Fund, and c. Any other moneys appropriated by the City Council or donated for the purpose of the fund. The principal of the fund shall consist of all transfers from the Consolidated Debt Service Bond Fund, subsequent collections of special assessments and taxes levied for the payment of the costs of an improvement which are received after the improvement costs have been fully funded, and other moneys appropriated or donated to the fund. In addition, the principal shall be increased annually by an amount equal to ten percent of the investment earnings generated by the fund in the previous year. The remaining investment earnings shall not accrue to the principal and shall forever be treated as investment earnings available for expenditure in accordance with this section. Purpose of Fund. This fund shall be used solely to pay the capital costs and limited start up operational costs of projects of general benefit to the City of Eagan. Expenditure Limitations. a. Expenditures from the fund shall be made solely from accumulated investment earnings until 1993. In 1993 and beyond, expenditures shall be made only from accumulated investment earnings whenever possible. b. In 1993 and beyond expenditures may be made from principal, but may not exceed an amount greater than the equivalent of the fund's investment earnings for the prior two consecutive years. If expenditures from principal are made, either they must be structured as a loan to repay the principal, or no further expenditures of any kind may be made from the fund until investment earnings have reestablished the principal at an amount equal to that existing before the expenditures plus ten percent of the investment earnings that would have been earned per year if the principal had not been reduced. 3 Funding Preference. Expenditures from the fund for competing projects shall be granted in the following order of preference: a. First Priority: Projects which can be funded within the amount of the available investment earnings. b. Second Priority: Projects using expenditures from principal funds which have the capacity to repay the principal amount borrowed. c. Third Priority: Projects using expenditure from principal funds which have no other reasonable funding source, are non- revenue producing, require significant funding, and will provide otherwise unattainable community benefit. Funding Procedure. Expenditures from the fund may be made only after compliance with the following procedure: a. The project to be funded must have been included for at least two years in the city's formally-adopted capital improvement program. b. The City Council must hold a public hearing on whether the proposed project should be funded. Notice specifying the date, time and place of the hearing, the project to be funded, and the amount of funding must be published at least ten days before the hearing in the city's official newspaper. In addition, efforts shall be made to give notice to the community_ ugh othcr rca3onablc mcan3, ouch a3 ncwopaper articic3, cable tcicvi3ion and any city ncw3lcttcr. The public hearing must be held on two separate days at least 30 days apart. The date and time of the second meeting shall be announced at the first. c. The City Council must make the following findings which shall be incorporated into an adopted resolution: 1. The project has sufficient community-wide benefit as determined by a review of its intended users, the degree to which it addresses a community-wide need or problem, and its consistency with other city goals, programs or policies. 2 . The project to be funded could not would be unlikely to occur but for the use of the Community Investment Fund. 3 . The Community Investment Fund is not replacing funding from another previously programmed or available source. 4 . The project has been included in at least two consecutive formally-approved capital improvement programs,,_ applicable after 1993. 34/ 5. If principal is used, the project has the ability to reasonably repay the funds, and use of the principal does not exceed the equivalent of the last two years' investment earnings from the Community Investment Fund. 6. An estimate of the ongoing annual operating and maintenance costs has been made and the source(s) for paying such costs identified. d. If any of the findings in paragraph (c) cannot be made and the project meets the expenditure limitations imposed in the Expenditure Limitations Section, expenditures may be made from the fund only after the affirmative vote of at least four Council members. Administrative Expenditures. The limitations imposed in the sections above shall not apply to reasonable expenses necessary for the administration of the Community Investment Fund. Amendments. No amendments may be made to paragraph (b) of the Expenditures Limitations Section except upon the affirmative vote of all five members of the Council. No other amendments to this chapter may be made except upon the affirmative vote of at least four members of the Council. 4(t) Agenda Information Memo March 19, 1991 City Council Meeting FINAL PLAT/COVENTRY PASS 3RD ADDITION Q. Final Plat, Coventry Pass 3rd Addition--Documents relative to the above-referenced final plat are currently being processed by the applicant and the Community Development Department. If all items are completed and executed in time for next Tuesday's meeting, the applications will be in order for approval. If not, a recommendation will be made to continue this item at the beginning of the meet' A copy of the final plat as it appears for filing at Dakota County is enclosed on page, for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Coventry Pass 3rd Addition as presented. f 4 I;i s I i ,111. ,j. I 1 I II ;1i ii , ! =J _ j4i 1 t Trim}'' iii' 111 1 ! ;'i !11 111 . 1�i I • i i 1 :iL . 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' 2 I '-_-_ aa..-1; I,_• 1. i''-',',',44.'•,1 .',,r•�`,L--a•w =II.., _j.` a• .-- a• _ r r• 1 � f `� _• 1 •w '4.7. t y M • .' ^ rr-1 r -it '..f-al-J• r' a. •w, ...a.,• 'l �' '1f.- -' ,4 �5. `�L"_:_JLtJL._21-- 'L-11....J t.JL---PM--J ,', . . •• • _ .11r23rw • ' +. ra - � . .(, • ,! �r-ay r--e1 ! •' j��-ter--,�- -�K - � F� • ! _` L t I.. .••• I 1 r/• ' r---iw .r- ..r.I. 1•ili\ / r'' A 1.1- fi r., - • -r * \\ .\\.� •tea.. I rw '` •. ..... 1 ;►, : __. t1 IFl r� .•, •• 1• 1 —4_ .._]-41 h \ L' : t • .; r,, : 1� • 7.y` a.'' ,ty t il . �' ice` v•, : r;+It 2 -- r' ^ i , t k. Mira• ' (I(° . 3 • Agenda Information Memo March 19, 1991 City Council Meeting 'MAIMS DAKOTA COUNTY SOLID WASTE MANAGEMENT STRATEGY RESOLUTION A. Resolution, Dakota County Solid Waste Management Strategy--At its regular meeting of March 5, 1991, the City Council considered a resolution with respect to Dakota County's solid waste management strategy and, in particular, the relationship between the County's processing technology and its alternatives. At that meeting, an additional resolution prepared by representatives of Dakota County Citizens Against Burning was reviewed by the Council as well. Direction was given to staff to blend the two resolutions and to stress support of Governor Carlson's initiative with respect to a potential moratorium on new burn facilities. A copy of the revised solution inc rporating the concerns addressed by the Council is enclosed on pages 1� t through i. for your review. You will note that the DCAB language has been ¶inco orated in the final ara a of the preamble and the first rP P �' � P paragraph of the resolution. Also enclosed on page t.you will find a memorandum from Recycling Coordinator Hageman relative to the incinerator permitting process and the state legislature's moratorium authority. As further background, the Council will recall that the Twin Cities metropolitan counties are mandated by state law to prohibit disposal of "unprocessed" mixed municipal solid waste in metro area landfills after 1991. For purposes of the law, processing is defined as incineration, refuse derived fuel (which is incinerated elsewhere) and composting. Because the mandate exists in legislation, any moratorium on processing facilities is most likely to come from the legislature. Recycling Coordinator Hageman's memorandum provides background on the recent developments in this area. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the resolution concerning the proposed Dakota County Resource Recovery Facility. 43 CITY OF EAGAN RESOLUTION CONCERNING PROPOSED DAKOTA COUNTY RESOURCE RECOVERY FACILITY WHEREAS, Dakota County is responsible under Minnesota Statute to develop a comprehensive solid waste management strategy, and WHEREAS, such strategies are required by statute to include, waste reduction, reuse, recycling, yard waste management and waste processing components, and WHEREAS, Dakota County has adopted a solid waste management strategy consisting of waste reduction, reuse, recycling, yard waste composting, and waste processing components; and WHEREAS, Dakota County has expressed an intention to undertake the construction of a resource recovery (mass-burn) facility to meet the statutory requirement for waste processing, and WHEREAS, the combustion of waste raises obvious issues of environmental concern with potential ramifications for the health, safety and welfare of Dakota County residents including citizens of Eagan, WHEREAS, the Governor of the State of Minnesota has indicated that he will support and pursue legislation that would accomplish a moratorium and prohibit new solid waste incinerators, with the exception that the Governor of the State of Minnesota, in recognition of the public health concerns associated with the proper disposal of infectious medical waste, believes Minnesota must consider incineration, along with other technologies, as a disposal option for this waste stream only, NOW, THEREFORE, BE IT RESOLVED, that the City of Eagan supports the Governor's initiative with respect to a moratorium and prohibition of new solid waste incinerators through sound legislation or other administrative means, and BE IT FURTHER RESOLVED that the City of Eagan strongly urges that, if prudent and feasible alternatives are available, they be strongly considered before construction of a resource recovery facility and that the Dakota County Board of Commissioners maximize the use of more environmentally sound alternatives, including education, promotion of waste reduction, reuse, recycling, composting of all organic materials and the reduction and safe disposal of hazardous wastes, both residential and commercial, and BE IT FURTHER RESOLVED that the City of Eagan reiterates its position that any strategy implemented by Dakota County be designed to permit incorporation of a centralized separation component to complement reduction and source-separation recycling strategies and to maximize the removal of recyclables and hazardous wastes from the waste stream thereby mitigating the potential for incomplete incineration of hazardous materials, and BE IT FURTHER RESOLVED that the City of Eagan encourages Dakota County to study and carefully consider the costs and benefits of mandatory recycling of all potentially recyclable materials, if such mandate will increase program participation, increase recyclable recovery rates and reduce the volume of municipal solid waste generated within the County, and BE IT FURTHER RESOLVED that, if Dakota County implements mass-burn as its waste processing technology, the City of Eagan strongly urges the use of the safest and most state of the art technology to minimize environmental impacts including procedures for constant monitoring of the operations to detect and mitigate impacts of any malfunctions, and BE IT FURTHER RESOLVED that, if environmental standards at such a facility are not met, the City of Eagan insists that procedures be in place to insure prompt and effective action to correct the situation and prevent any reoccurrence. CITY OF EAGAN CITY COUNCIL By: • Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: March 19, 1991 CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Egan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of March, 1991. E.J. VanOverbeke, City Clerk City of Eagan "5. MEMO TO: CITY ADMINISTRATOR HEDGES HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: RECYCLING COORDINATOR HAGEMAN DATE: MARCH 13, 1991 SUBJECT: BACKGROUND INFORMATION REGARDING THE PROPOSED DAKOTA COUNTY INCINERATOR PERMITTING PROCESS AND MORATORIUM AUTHORITY In recent weeks, there has been much publicized debate over the proposed Dakota County Resource Recovery Facility. Two issues have called for public comments and City Council review. These issues surround the steps taken in the permitting process for such facilities and the Executive authority available to place a moratorium on final project continuation. During the week of March 4th, the Minnesota Attorney General ruled the Governor alone does not have the power to issue a moratorium on incinerators. Currently, a group of legislators are designing a bill that calls for a moratorium which Governor Carlson has stated he will support. It is uncertain whether the Dakota County facility would be affected by such legislation. The Minnesota Pollution Control Agency issued a draft permit for the proposed Dakota County incinerator on March 8, 1991. This preliminary approval of the facility allows the permitting process to proceed. The next step in the process will be a 30 day public comment period which must be held before the PCA board can make the final decision on whether to approve the permit. Opponents of the facility have said they will request a contested case hearing to present their arguments before the board can make its decision. This process, if granted, could give legislators up to one year to consider proposals to impose a moratorium on incinerators, including the Dakota County facility. Re ycling Coor,, inator cc: Assistant to the City Administrator Hohenstein cv Agenda Information Memo March 19, 1991 City Council Meeting SENECA PLANT DEVELOPMENT AGREEMENT ODOR CONTROL SCHEDULE REVISION B. Consideration of Seneca Plant Development Agreement-Proposed Revision to Schedule Regarding Incinerator Odor Control Improvements--It is recommended that this item be continued to the April 2, 1991 meeting in order to provide an opportunity for the City Attorney's office to complete background work regarding legal concerns addressed by the Council on March 5. Representatives of the affected neighborhood have been informed formed of the anticipated continuance. ACTION TO BE CONSIDERED ON THIS ITEM: To continue consideration of the proposed Seneca Plant Development Agreement revision to the odor control improvement schedule as presented. 4 '7 Agenda Information Memo March 19, 1991 City Council Meeting CONDITIONAL USE PERMIT/R.L. JOHNSON INVESTMENT COMPANY C. Conditional Use Permit, R.L. Johnson Investment Company Inc., to Allow Outdoor Storage in a 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 Doodle Drive in the SE 1/4 of Section 8 and the NE 1/4 of Section 17—At its February 26, 1991 meeting, the Advisory Planning Commission considered the above- referenced conditional use permit. For additional information in this regard, pleaseirg# to the C mmunity Development Department staff report whic is enclosed on pages through for your review. Also enclosed on pages tit through are the Advisory Planning Commission minutes in this regard. The APC is recommending denial of the conditional use permit based on the findings reflected in the minutes. As a consequence of the denial, no action was taken on the special permit for the fence. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the conditional use permit to allow outdoor storage and a special use permit for a fence in excess of 6' for R.L. Johnson Investment Company as presented. Lt 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. • tkk 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. 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' 0 0. 0 0 .15 o.-,c) ho . ,.. . ... . . . . dri .. : . 1 . .,..„.... ,..i...i....1..v..,,,......4.t.„ ........1.„...„,;.....t.•... ,;.• . . .•. .e...;. . . . • . . ...........:....,. 1 ,. ." • •t • .:,,,:;...3,..6„.y.... .....:. „..:;,,..._.„..:......i.,............!:,...1..,.. ........ 1. _i__ ,, :....,.._ •,. ., . __ '7. •.: ... • _ .-.0 • . %.-.....411.-.- ....c(.0' ..:*.t.•••: *"."/SI!`"?..r,,t-V-61!...4- z %,..+1.%:'.4. • - ------1-,-%-,--1 .. ....-vt-, `-• .- - -- ".„4. -. . . . . . ... _ ------•^..----• - :-.--'''':':"----7,-L'--"-----_- ---:"I'........_''s," - - -.-7---1--:.:' Pl • t-,;:-...-_,---..---- --.:....,-0. ..1•7,7--•---", -,_- --.. .- -.7..*..-.." - - ----..--- -- -,...-z.., Ir"=",..--,E2':-,"-"...',,,............-,...,.....7.-. ... -"• ..n7r....“Z....--.7r-7::,. -..-:-..._2:-../,', ,-:-- ....:- .... __-.7---;.=.1r,....--.:,.::':..; .....J,"--..." -7:-;.'_ --; - - _--- - -••••,."-."--- - - • Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 20, 1990 CONDITIONAL USE PERMIT - R. L. JOENBON 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. 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. � 3 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. 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. Page 8/EAGAN CITY COUNCIL MINUTES January 3, 1991 CONDmONAL USE PERMIT/R.L JOHNSON INVESTMENT CO.,INC OUTDOOR STORAGE/FENCE IN EXCESS OF StX FEET Mayor Egan Introduced this kern as a conditional use permit for R. L Johnson Investment Co.,Inc., to allow outdoor storage in an LI (tight 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 SE 1/4 of Section 8 and the NE 1/4 of Section 17. City Administrator Hedges said this kern had been before the Advisory Planning Commission at their December 20 meeting and they had recommended denial. Director of Community Development Runide said this kern 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 reached. Mr. Runide said at that point the applicant had submitted a conditionl use permit application and the Advisory Planning Commission had recommended denial at this location. He said the APC had expressed concerns regarding inadequate distance between the fence and the building to allow the appropriate drive aisles. Mr.Runide 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 Johnson 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 stamped and approved by the City's Building Inspections Department. Because the area in question was included with these drawing, he said his company had taken those approvals to mean they were snowed to build it. He said the Army Reserve's rental of the facility was conditioned on getting appropriate approvals and they were of the opinion they had received approval and a certificate of occupancy. Mr.Constable 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 kerns of concern and they were: compatibility with the neighborhood and safety. In answer, Mr. Constable saki the building was originally approved with its present layout and the drive aisle around the building Is 24 feet in all places. Community Development Director Runkle 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 been received from two corporations in the area regarding the fence. Mr. Hedges said that City Planner Sturm had brought the need for a conditional use permit to R.L Johnson's attention strictly to advise them they were in violation of the ordinance and not to negotiate a new location. Mayor Egan said he understood that the entire R.L Johnson complex was subject to architectural approval from the new owners of the Cornsery building. Mayor 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. S'f Councilmernber Pawlenty asked Mr. Constable whether the building plans submitted for approval had included the fence. Mr. Constable said they had submitted plans for building permit approval which included the interior plan as well as all exterior plans. He said the detailed drawings included the fence and all phases of these plans had been stamped approved by the Building Inspections Department. He said after everything was completed,they had received a certificate of occupancy. City Counclirnember Pawlenty said that a memo from City Planner Sturm had characterized the drawings and specifications as being part of R.L Johnson's application for an Interior building permit and asked the City Attorney for clarification. Assistant City Attorney Mike Dougherty said that a building permit is only for the interior building and the certificate of occupancy applies to the use of space inside the building. Counclimember Pawlenty then asked in a review of a building permit application,whether t 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. M 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 Mt would be a possible location for the fenced area. Mr. Constable said City Planner Sturm suggested that particular location would be more acceptable to the City. He went on to say that It would be significantly expensive to relocate the fence and asked II t was objectionable at one location,why It would be more acceptable at another. Councemember 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. Runide said according to staff's interpretation of the length of time these vehicles would be stored, It was determined that this would be outside 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 stored at the Valley Lounge across the street. In addition, he said Best Brand had a number of large trucks which are 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. Mayor Egan said that the R.L Johnson development had Indicated It would architecturally mirror- _ image the Comsery building. He said the application that had been presented was not In keeping with that proposal and had been the basis for one of the Advisory Planning 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 Department. Director of Community Development Runkle said plans such as those presented are reviewed for the bulding Interior and not exterior storage. City Administrator Hedges added that the Building Inspections'stamp represents a review of the building plans only and not exterior fixtures such as fences. Assistant City Attorney Dougherty also pointed out that the City does not Issue permits for fences,therefore,the signature on the plans could not relate to the fence. Councilmember Gustafson said he had additional concerns 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 t 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. In addition, Mayor Egan pointed out that the 8 foot fence R. L Johnson had already constructed required a variance, yet one had not been requested. • '644 Mr. Constable asked whether a 6 foot fence would be more acceptable at this location. Mayor Egan said the item before the Council was one for a conditional use permit for outside storage and not a variance to the 6 foot fence height requirement. Mr. Constable said his conditional use permit was changed because he had originally requested secured outdoor parking and not outside storage. Mayor Egan said he strongly encouraged the applicant to work with staff In an attempt to resolved the issue. Mayor Egan asked the Councl 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. Counclmember Pawlenty said If there was not adequate ingress and egress to the site, the application was unacceptable, however,there may 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 and a 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: 0 Page 14 f EAGAN CITY COUNCL MINUTES January 15, 1991 CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE R.L JOHNSON INVESTMENT COMPANY INC. Mayor Egan introduced this hem as reconsideration of R.L Johnson Investment Company Inc.'s Conditional Use Permit for outside storage. Gustafson moved,Wachter seconded, a motion to refer the application for a Conditional Use Permit for outside storage for R.L.Johnson Investment Company Inc to the Advisory Planning Commission for review. Aye: 5 Nay. 0 • • II . • AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING) " BY AMENDING SECTION 11.40 SUBDIVISION 4 REGARDING CONDITIONAL USE PERMITS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by changing 11.40, Subd. 4, to read as follows: Subd. 4 . CONDITIONAL 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 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: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the City's Comprehensive Plan and Ordinances 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended 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. • 15AS 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. 6. Will have vehicular ingress and egress to the property which does 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. G . (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 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. . Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. Dated: February 6, 1990 CITY OF GAN Z/2 • A/ ' // : homes A. gan Its: Mayor ATTEST: 4By . It . JVanoverbeke City Clerk Date Ordinance Adopted: February 6, 1990 Date Ordinance Published in the Legal Newspaper: February 15, 1990 (.9 : ti ftt "J1 {7y:.31 •.GJ r11 Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 26, 1991 The on-site well shall be abandoned per County regul- - one. 7. - 11 signage shall meet Sign Code regulations and responsib - for the one-time sign fee of $2.50 per sq. f . 8. One .door parking stall shall be included th the rent. 9. Snow fen• 'ng shall be installed around 1 trees to be saved prior to issuance o , grading permit. 10. The developme is required to up- -de the existing frontage road adjacent to the sit- n accordance h MNDoT requirements and City Standards, and to come with staf recommendations regarding the sight distances on Highw- 55 fro, the access road. 11. City Code requires inte- . - entrance roadways to be a minimum 30/ back-of-curb to bac -curb. 12 . The development is quired •- submit details relative to sprinkler system specifics ons for re -w by staff to ensure adequate fire protection 13 . Additional h •rants shall be added - ong the emergency vehicle access road- for improved fire protec on. 14 . The fi plat shall dedicate a drainage =nd utility easement over - -nd GP-2 up the HWL of the pond. 15. T. - storm sewer line on the frontage road sha be upgraded to curre City Standards from the NWL of Pond GP-2 to t - west plat line. Parking lot shall conform to City Standards. All voted in favor excepted Gorman who abstained. CONDITIONAL USE PEREIT - R.L. JOHNSON INVESTMENT CO., INC. Chairman Graves opened the next public hearing for the evening regarding a conditional use permit to allow outdoor storage in a LI 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 Doodle Drive in the SE 1/4 of Section 8 and NE 1.4 of Section 17. FEB 28 '91 09:32 425 ?12 Page 11/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 26, 1991 City Planner Jim Sturm presented the background of this application. David Constable, a representative of the applicant, stated that there were other fences in the area and he felt that he was being discriminated against. The fence they built is the best looking in the area. Chairman Graves felt that the fence was not compatible to the building. Mr. Constable stated that it did not have to be compatible. Member Merkley stated that the fence was an eye-sore. Member Trygg remarked that if Mr. Constable had gone through the proper procedures, he would not have to go through the expense of moving the fence. She felt that the commission members were now limited in what they could do. Mr. Constable stated that they tried to go by the rules. Chairman Graves felt that the problems that were previously As an example, when he drove by the present. , are still p discussed p property he saw snow pushed g ed up against the fence, limiting the width of the travel lane around the building. Staehli moved, Gorman seconded, motion to deny the Conditional Use Permit to allow outdoor storage of motor vehicles on Lot 1, Block 1, R.L. Johnson 2nd Addition 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 ogress congestion. 5. The use is incompatible with the mirror-image plan. All voted in favor. SETTXNG TEE DATE OP NEXT ADVISOR G Chairman Graves blic meeting of the evening regarding th of the next Advisory s+w' meeting. LP L.. Agenda Information Memo March 19, 1991 City Council Meeting IINTIYAVSMTWI EAGAN CITIZENS RECREATIONAL FACILITY ADVISORY COMMITTEE RECOMMENDATION A. Recommendation,Eagan Citizens Recreational Facilities Advisory Committee--Enclosed without page number is the report of the above-referenced committee providing background and an overview of the committee's activities and its recommendations with respect to preferred facilities. In particular, the recommendations relate to an ice arena, outdoor swimming pool,potential siting, YMCA involvement and financing. The Recreational Facility Executive Committee has also met on a number of occasions to review these recommendations and Councilmembers who participated in that activity can further describe their discussions in that form. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the report of the Eagan Citizens Recreational Facility Advisory Committee as presented and to direct further action as may be appropriate in this regard. (03 Agenda Information Memo March 19, 1991 City Council Meeting PRELIMINARY PLAT EXTENSION/BLACKHAWK ACRES 3RD ADDITION B. Extension, Preliminary Plat for Blackhawk Acres 3rd Addition--A request has been received of Louis Leasure for a preliminary plat extension for Blackhawk Acres 3rd Addition which was originally platted on January 4, 1990. For additional information with respect to this request,please refer to the memorandum and attachments from City Planner Sturm which are enclosed on pages through for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the extension of preliminary plat for Blackhawk Acres 3rd Addition as presented. I', MEMORANDUM TO: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: MARCH 11, 1991 RE: BLACKHAWK ACRES 3RD ADDITION The City received a request for Preliminary Plat extension for the Blackhawk Acres 3rd Addition located along Robin Lane, just west of Blackhawk Road. The Preliminary Plat approval occurred on January 4, 1990 and the applicant submitted a letter after the one- year date for extension, however the Final P/at was applied for on April 2, 1990. The Final Plat was never fully processed due to conflicts in the developer's partnership. As a result, the Preliminary Plat extension was necessary before staff could continue the Final Plat process. All City departments have been notified of this request and the engineering department is requesting that the following condition be added: 1. The provide development is required to rovide a cash dedication for fulfillment of water P q quality requirements as identified in the City's Comprehensive Water Quality Management Plan ($2,652). All other conditions of the original approval still apply. If you would like additional information, please advise. C}ty Planner JS/js Attach. CC: Tom Hedges, City Administrator Mr. Lewis A. Leasure S 1 %:::,1:4-1-. ' 'NI , • c vt :.. • SI' or— I.., —57.. ,... „.' •• •elf Sri .\ N... N,..../ , , 84111177.'t...... 1.1.-.- f,,,L ■........-fr.....-• . ii.ei • \ \\ i A*11. Y .7;1'..":7:Nt.'.... ',..:4W ::','' '';','''''' 1 I • • t \ Nitit_ :I f 1 1 1 1 (;----- - •-•__ -.:3 :, t\`\,4- t- -I,/ I • t'1 •.. ` •• •g dr 1 � '• ► lei I I l� "\.-.s-; - � ;� M \ V, / I 1 "eilli $At,:,0" N,, .� j i lam ,;, � i, � s,e-. ' - ." ,4 } r\ .\ 5 • '�''.' s�� / - / / l . ' - / SP- ...0•04,„- : - ‘ ..,,,‘,". ,' I 1 ... 1 ri / / _4.• # / % -•>. it 4, .1 4,1:.'•., / li i .- : J� � .j.............::- / - 81�4CKhWWK r �f E ACRt 4Al:: ltDDfTION f i r1f r I /ti 1 �j' A c I • .. I t,.. • l m i ! V, • I t I I Yu Ytr Si r,r r .- ,.\t P. ....... ,. . Yowl, C�. hM,wn.ry Piet 0, i r.•Yo�w=. hwMN ! - .• BLACKHAWK ACRES 3RD ADDITION " r .s1QMA Y Lh�_IlL..l...- • w,.rr l .......r . w.�•,• parr 1 Pr 6 Y i ,.r 7.1•4 *am.IN.. �... +•V..� .--- (le(10 - ...... • PRELIMSINARY PLAT j*z,AAUAil ACRES 3RD ADDITION City Administrator Tom Wedges introduced the matter to the Council . Community Development Director Dale Runkle presented the application summary. Wayne Cordes, representing the developer, stated he was available for questions and that they were working with the neighbors to install a fence. Vicki Vermalind statWshewas concerned with the sharp drop. • John westley, 1747 ... 15luebill, bad environmental concerns and retaining wall concerneThe developer stated that they could install a barrier prior to constrwctioi Gustafson moved, Wachter seconded, the motion to approve a preliminary plat for 14 townhouse lots on 2. 1 acres of Townhouse Residential zoned land located on the west side of Robin Lane, west of Elackhawk Road in the southeast quarter of Section 17 as requested by Les Duoos and Associates4 b ct to the following conditions: 1. These standard :::cc ditions of plat approval as adopted by Council action on September 15,' 1987 shall be complied with: Al, B1, Cl , C2 , C4 , C5, 01, El, F1 and G1. 2 . Easements will be required on the water and sewer lines which serve the development. 3 . The developmentis required to submit detailed plans and specifications for the proposed retaining wall for City staff review and ccr,,nent prior to final plat. 4 . The development is required to provide limited visibility fencing. 5. The development is required: to provide a suitable barrier along the edge of the border fc ::;safety reasons due to the retaining walls as required by staff..: All voted in favor. • STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2 . This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 3 . This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4 . This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1 . All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2 . A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3 . This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4 . A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. Public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval. E. Permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency.. F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. water Quality Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of pending requirements in accordance with the criteria identified in the City's Water Quality Management Plan. H. Other 1 . All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 plataprv. con LTS f2 LJ\ LEWIS A. LEASURE 822 South Dellwood Street Cambridge, MN 55008 January 24, 1991 Mr. Jim Sturm City Planner Eagan, Mn. 55122 • Dear Sir: Re; Blackhawk Acres 3rd Addition I am one of the partners of the Les Duoos & Associates who applied for the preliminary plat approval. The preliminary plat was approved Jan. 4, 1990 and final plat was applied for, but due to the lack of cooperation of one of the partners it could not be completed. At this time the partnership is going through a dissolution and the land is in foreclosure as I have first mortgage on the land. As soon as all areas of the partnership dissolution and foreclosure are resolved, I plan to go forward with the project as an individual. Therefore, I am requesting an extension of the preliminary plat approval until Jan. 4, 1992. Thank you in advance for your consideration of this matter. Yours truly Lewis A. Leasure • w.1% MEMORANDUM TO: JIM STURM, CITY PLANNER FROM: STEPHEN SULLIVAN, PARKS PLANNER/LANDSCAPE ARCHITECT Al DATE: MARCH 6, 1991 RE: BLACKHAWK ACRES 3RD ADDITION PREUMINARY PLAT EXTENSION I have reviewed the plat extension for Blackhawk Acres 3rd Addition. The proposal is subject to the prior recommendations of the APRC made at the December 7, 1989 meeting. The recommendations are as follows: 1. The proposal be subject to a cash parks dedication. 2. The proposal be subject to a cash trails dedication. SS:cm cc: Ken Vraa. Director of Parks and Recreation MEMO TO: JIM STURM, CITY PLANNER • FROM: JOHN WINGARD, DEVELOPMENT/DESIGN ENGINEER DATE: FEBRUARY 14, 1991 SUBJECT: BLACKHAWK ACRES 3RD ADDITION The Public Works Department has completed its review of the Blackhawk Acres 3rd Addition and the following comments need to be added to that project's staff report. Water Quality This proposed development is located in Watershed District "A" . The southern portion of the development which includes approximately 0.7 acres is proposed to drain directly to the Blackhawk Lake outlet storm sewer system that discharges directly to the Minnesota River. The remaining 1.4 acres of the development is proposed to drain to the existing storm sewer system on Robin Lane which drains into Pond AP-27. Pond AP-27 is a designated ponding area in the City's Comprehensive Storm Water Management Plan and is classified as a Wildlife Habitat pond in the City's Comprehensive Water Quality Management Plan. The proposed site was analyzed for water quality requirements in accordance with the City's Comprehensive Water Quality Management Plan and was determined that a cash contribution be required. This development does not have sufficient on- site area for a water quality treatment pond. When an on-site water treatment pond is not feasible due to site limitations, the Water Quality Management Plan identifies a cash dedication as a means of mitigation. The cash dedication shall be equal to the cost of the land and pond volume needed for treatment of the calculated phosphorus load leaving the site. This requirement for cash in lieu of pond construction is based upon the following parameters: Wet pond volume - 0.31 acre feet Minimum surface area - 0.076 acres The cash contribution to the water quality fund for 2.1 acres of townhouse development at 1991's rate schedule would be calculated as follows: Excavation Cost = 0.31 acre feet x 1613 x $2 per cubic yard — $1,000 Land Cost — 0.076 acres x $21,735 per acre — $1.652 TOTAL $2,652 The following condition of preliminary plat approval should also be added: The development is required to provide a cash dedication for fulfillment of water quality requirements as identified in the City's Comprehensive Water Quality Management Plan. ViiNiV3 _ De elopment/Design ngineer JW/jj cc: Thomas A. Colbert, Director of Public Works 4)... Mike Foertsch, Assistant City Engineer Agenda Information Memo March 19, 1991 City Council Meeting REZONING/PRELIMINARY PLAT/WILLBROOK ADDITION C. Rezoning,Willbrook Addition/Jim Williams and Tom Westbrook,of Approximately 3.2 AG (Agricultural)Acres and 6.7 PD (Planned Development)Acres to an R-1 (Single Family) District and a Preliminary Plat Consisting of 17 Lots on Approximately 9.9 Acres Located Along the East Side of Lexington Avenue North of Wescott Road in the SW 1/4 of Section 14--At its regular meeting of February 26, 1991, the Advisory Planning Commission held a public hearing to consider the above-referenced rezoning and preliminary plat for the Willbrook Addition. For additional information in this regard, please refe to the C• unity Development Department staff report which is enclosed on pages through Aff, for your review. The APC is recommending approval of this application. As a part o its approval, the commission modified certain conditions in the staff report as outlined in a memorandum from City Planner Sturm which is enclosed on pages $ 7 ikresgia.• . As a consequence of these concerns, the applicant modified the plat application e iminating one lot and, thereby, meeting 1 -1 cod requirements. Copies of the original and revised plans are enclosed on pages � 3 and for you review. Although the 16 lot plan currently before the Council contains one fewer lot than the P P ro osal considered in the public hearing by the Planning Commission, the current proposal responds directly to the concerns raised by the Commission and was felt to be largely consistent with the properly noticed APC public hearing. For additional information if this regard,please refer to the APC minutes which are enclosed on pages QO through 3for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the rezoning of approximately 3.2 Ag (Agricultural) acres and 6.7 PD (Planned Development) to an R-1 (Single Family) district and a preliminary plat for Willbrook Addition consisting of 16 lots on approximately 9.9 acres located along the east side of Lexington Avenue, north of Wescott Road in the southwest quarter of Section 14. 1°1 45 SUBJECT: PRELIMINARY PLAT, REZONING, PLANNED ' DEVELOPMENT AMENDMENT (WILLBROOK ADDITION) APPLICANT: JAMES WILLIAMS, THOMAS WESTBROOK LOCATION: LOT 7, BLOCK 1, WESTBROOK 1ST ADDITION & P.LD. #10-01400-043-53 EXISTING ZONING: AG/PD R-1 (AGRICULTURAL, PLANNED DEVELOPMENT - SINGLE FAMILY) DATE OF PUBLIC HEARING: FEBRUARY 26, 1991 DATE OF REPORT: JANUARY 31, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Preliminary Plat consisting of 17 Single Family lots on approximately 8.8 acres; a Rezoning from AG/PD R-1 to R-1 and a PD Amendment to remove the existing Westbrook Planned Development zoning. BACKGROUND: The existing Westbrook Addition is zoned PD R-1 and includes seven Single Family lots. Six of these lots are undersized which staff believes was the reason for the creation of the PD. The Westbrook Planned Development was approved on September 3, 1985. The Final Plat for the seven lots in Westbrook 1st Addition was approved on December 17, 1985. Staff has not found any record of a PD Agreement or any documents detailing the terms of the PD. Lot 7, Block 1, Westbrook Addition, is an oversized lot (approximately 5.37 acres) and is included with this current application. The other component of this Preliminary Plat is 3.5 acres (approximately) of land zoned AG (Agricultural). The applicant proposes combining the AG property and Lot 7, Westbrook Addition, into one plat, Rezoning both parcels to R-1, and eliminating the existing PD. EXISTING CONDITIONS: The 3.5 acre parcel currently zoned AG is unplatted property containing one single family home. The 5.37 acre parcel zoned PD R-1 is platted as Lot 7, Block 1, Westbrook Addition, and also contains one single family home. Each of these parcels has a single driveway access directly to Lexington Avenue (County Road 43). In addition to the two homes on this site, there is an old barn building that will be removed. The site contains some mature tree growth on the west side along Lexington Avenue. The site gradually slopes north and south away from the middle of the property. The north half t of the lot slopes to a pond located in the northwest corner while the southern portion slopes to a ponding area just south of the site in question. SITE PLAN: The Preliminary Plat proposes an extension of Cardinal Way west to a cul-de- sac and a cul-de-sac street going north midway through the Cardinal Way extension. These two public streets will serve the 17 lot plat. The proposed lots range in size from 10,132 sq. ft. to 39,550 sq. ft. with an average lot size of 17,980 sq. ft. The Cardinal Way extension ends in a cul-de-sac because a direct access to Lexington Avenue would not meet current county spacing requirements of one-fourth mile for access to individual highways. The plat contains three lots that do not meet the R-1 minimum lot size requirement of 12,000 sq. ft. Lots 9 and 10, Block 1, are both 10,132 sq. ft. These two lots back up to the undersized lots of Westbrook 1st Addition. Lot 3, Block 1, contains 11,986 sq. ft. Lots 5, 7, and 10, Block 1, do not meet the R-1 minimum lot width requirement of 85' at setback. Where necessary, Variances shall be run with this plat to accommodate the minimum area and width deficiencies. PARKS & RECREATION: Parks Department staff will be recommending a $700 per unit P g P parks dedication, as well as a $100 per unit trails dedication for this plat at the March 7, 1991 Advisory Parks & Recreation Commission meeting. IC GRADING/DRAINAGE/EROSION CONTROL: The preliminary grading plan proposes • cut areas of approximately 8' in the northeast corner of the site, and the fill areas of approximately 14' in the north central part of the site. In areas where 3:1 side slopes are not obtainable, retaining walls will need to be incorporated into the grading plan. Approximately 4.5 acres drain to the central part of the site to a proposed low point on the westerly extension of Cardinal Way and the intersection of the proposed north-south cul-de-sac. It is then proposed to drain west and empty into the east ditch line of Lexington Avenue. Staff recommends the storm sewer be extended to the north and tie into the existing 18" RCP located at the east right-of-way line of Lexington Avenue. Most all erosion problems will be eliminated in the Lexington Avenue ditch with the extension and connection of the storm sewer system. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual. Special erosion control measures will be incorporated into this plan to assure that no eroded materials are washed into the two existing ponding areas. UTILITIES: An existing 8" sanitary sewer line is located 20' north of the south plat line and extends north along the lot line of Lot 2 & 3, Block 2 and terminates in the right- of-way of proposed Cardinal Way. This sewer line has sufficient depth and capacity to serve the entire proposed site. Existing watermains are located at both the east and west ends of Cardinal Way. These watermains can be connected and utilized to serve this proposed platted area. All existing wells and septic systems on this site shall be plugged and abandoned according to the Department of Health and City requirements. All lots will be required to connect to City sewer and water. No individual pressure reducers will be required for this development. WATER QUALITY: Willbrook Addition, located in District J lies east of Lexington Avenue and north of Wescott Road. The proposed plan shows the majority of the development site generated stormwater run-off flowing into Pond JP-11 and approximately 1.8 acres surface drains south into Pond JP-44. These two ponds are classified as nutrient traps in the City's Water Quality Management Plan. Only basic treatment is required since the impact to Fish Lake is minimized by the natural low areas located north and west of the proposed development. The proposed residential development has 17 lots with no dedicated land for ponding. Without eliminating any lots, it is not feasible to construct a water quality pond. No on site ponding is feasible (assuming that JP-44 is owned by others), therefore, a cash contribution is recommended. (° The calculation of the cash contribution is shown below: • Drainage Area 8.8 Acres • % Impermeable 29% • CN Value 72 • Wet volume needed to treat 0.83 AF phosphorous loading • Area needed for water quality 0.31 Acres pond Land dedication for Pond @ $16,330/AC $ 5,062 Excavation cost to construct pond @ $2.00/cy 2,680 Total Cash Contribution $ 7,742 STREETS/ACCESS/CIRCULATION: The preliminary site plan proposes to obtain access to this development from Cardinal Way and Canary Way located along the east side of this proposed plat. No access is being proposed from Lexington Avenue. EASEMENTS/RIGHT-OF-WAY/PERMITS: Sufficient drainage and utility easements shall be dedicated along the proposed lot lines. Additional drainage easement will be needed for those areas of Block 2 up to HWL elevation of 895.7 and for the area along the north line of Block 1. The low area along the north line of Block 1 is not a designated ponding area in the City's Stormwater Management Plan and the easement area has not been determined at this point. All right-of-way widths are proposed at 50' with 28' street widths. The proposed right- of-way and street widths are consistent with City Code requirements and the adjacent Lexington Place South and Westbrook Additions. Sufficient right-of-way for Lexington Avenue was acquired through eminent domain with the recent upgrade of the roadway. This development shall be responsible for ensuring that all regulatory agency permits are acquired prior to final plat approval. FINANCIAL OBLIGATION - Willbrook 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 Storm sewer trunk 404 s.f. .068/sf 48,175 sf $3,276 Total 3 276 These parcels proposed for plotting have pending amounts totaling $24,727 under Project 531. The project is an upgrade of Lexington Avenue. • 4.1 WILLBROOK ADDITION CONDITIONS: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C5, D1, El, Fl, 01, Hi 2. Lot size Variances shall be granted for Lots 3, 9, 10, Block 1, and lot width Variances shall be granted for Lots 5, 7-10, Block 1. No other Variances shall be granted for these lots. 3. No direct access to Lexington Avenue (Cty. Rd. 43) shall be allowed. 4. A 40' setback from Lexington Avenue (Cty. Rd. 43) shall be allowed. 5. Barn building shall be removed prior to construction. 6. Additional landscape screening along the west cul-de-sac to shield headlight glare on users of Lexington Avenue shall be provided. 7. The well and septic systems shall be properly abandoned. 8. The storm sewer system located in the east ditch line of Lexington Avenue will be connected to the existing storm sewer located approximately 200'north of Cardinal Way. 9. The two existing 1" copper water services will be disconnected at the existing 6" main. The existing house located on Lot 2, Block 2 will get its water service from Cardinal Way and Lot 3, Block 1 will also get its water service from Cardinal Way. 10. An emergency overland drainage route is required between Lot 3 & 4, Block 2. 11. Additional drainage easement will be required for the south end of Block 2 to the HWL of 895.7 and for the ponding area along the north line of Block 1. 12. All lots are required to hook up to City sewer and water. 771. • STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff 's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2 . This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 3 . This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4 . This development shall dedicate adequate drainage and pending easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1 . All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2 . A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3 . This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. I it) STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4 . A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5 . All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. Public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval. E. Permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. water Ouality Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City's Water Quality Management Plan. E. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 plataprv.con LTS *2 . 1), ' — -- > rt '(( .T t-:-t-.7 - tRY PARK - 4\ i qr- - CARRIAGE 1 r! ii ....*.-4-...: NW NCO:IRS S61 14 47ii‘ - -- N • ifixit , 1•00 044°r: C /**1 ,k 1:1,...(5.-- . ■ it i i r•I';' b--. 1, L. ._ 1C1)k \ ile,,i ii\'Nkr. S , (---) ,yDI_ - i,-)---__• ‹ctIce.4.< fir- .,',„ 11 II I-N ts-kZ74i1 1,1 - . • .I,:,:r ....:i-:'z' c ': . ' --T '',) 1 n ■ ,... I ILIELF11111 Aqui, I I 1 g%IlL I I :tit t$ I. 117.1%iri ‘' .Zri k(4t1R)1$rt .4-:l::4 ..' 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' ..\\ ".•,A kii_arii IL ip i N \ ,' 1 N i r \. 1 ::11 ', t; ' I iii • ' /\ irt \ '1 t ' 0--- ---1- . ,,... ,-, , . I ; 1 i l/l/ ,ri I � i. gyp• - - t I ,�i i ..... — . ✓ `_ - ._ / /// -c.. T �•==~, - _ .. \ /� //,/j/��/ice: ------•!__t---- _ Ii, •i j I 1 1—� 2P2•• 1� i t�IMNnv NUl4)NIXJ 1) kb UNI' UCU2i AINnOJ .i SC ' — 1 • ..(!:::$14 FINANCIAL OBLIGATION . • •••••••••••••••• .- STORM SEWER TRUNK WILLBROOK ADDITION g (41 MEMORANDUM TO: DALE C. RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: MARCH 13, 1991 RE: WILLBROOK ADDITION At the February 26 Advisory Planning Commission meeting, a Rezoning from AG to R-1 and Planned Development R-1 to R-1 were approved unanimously. The Preliminary Plat for the Willbrook Addition consisting of 17 lots along the east side of Lexington Avenue just north of Wescott Road was approved 5/2. There was no one from the public in attendance. The existing PD R-1 zoning allowed lots under the 12,000 sq. ft. and 85'width at the setback line requirements. The Rezoning to a Single Family district would have required some Variances to the R-1 lot standards. That was the reason the plat was approved with a split vote. The Commission removed Condition #2 of the staff report, essentially approving the plat with no deviations from R-1 standards. While the applicant could have proceeded with the plan with 17 lots to the City Council, they have responded to the APC concerns and have eliminated a lot. As proposed, the revised plat meets all R-1 Code requirements. The Commission also added to Condition #3 that curb cuts along Lexington Avenue shall be eliminated and added new Condition #12 stating: Retaining wall plans shall be submitted before approval of Final Plat. The original submission to the City called for the extension of the existing Cardinal Way to Lexington Avenue. That plan was modified to the cul-de-sac plan at our request. The applicant has been very responsive to City concerns and has been a pleasure to work with. If you would like additional information on this item, please advise. t,4.. City Planner JS/js CC: Tom Hedges, City Administrator MEW 1 L-----1 ■2 3 S . 211734 •-. .•' , — .....---.-•---- 11 I , • 1 :).1!!;.*::. it COUNTY ROAD 8 ' IZII-IT OF :44.■.' 8 NO 43 s (LEXINGTON AVENUE) ..„ • s i: —___,-•••:L----•—.:.0 • -- 't , • , '"'— . -.. • s• 6""-ft u --- -1-----B:I7---- ----:7----1'..- - ----"*" - 1 1 I 1 /7- , , --T-r`i_ f 1 i 1 1 I 3.-- -- 1 :e -I 1 :.-9. F t—,--!!---,-1-------ti 4,--...-1 -f,H.J-.1 ., —.1—.4-,....?"1-1--- —r :: ... , 1 I /.' e. Fl , I I I I I r- 1 :.- ...... 1 1 1 : 4% I I I 1 LI I , . 1 I V) I I. rr ____ _ __. ______1 i L e..a——I 41 1 I ,1 --- - - - - -- 1 . A . I A 1 1 1 1 a ...i Gi ' 0 z 1 1 1 r.., r, L . e, ,•I • I I I I .-- --, .-:, ....-. .7.: ,...,-;-.....- !- I I i m r---------------1 i• g. 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A - L., r: — I k L__ ,.__ J 1 I 1....__ 242 00 $ CANARY WAY 8 r- , ____ r, , co Nq,TO N S1. 1.= PLACE SOUTH 0 I 1'..: C . • . • , 111 Pill : . IVO • E F :.•-• / 1 i 1 ; I I I ., 0 m !:i : if !I II Pi . - - . 1 .? !.• 1 it -Li 1,.,, ?ft i tl: li 71 i I ' IF .." i . .: i :/i 17:r It S • : .• ,• t ' il -. - ' r- : 111 i 11 III to --'9- •• 'I n 2.1 Ci I ii Fiz I * . 11,1 II . 2i li i MUM i N . I il •I I: i - ' '• • •1 -: t 4111118111111111131141218111080811.8.60.0.0.48. t.. I , ......' ,. WIWI? . ill i # ...0" isollesigaiiiii. i Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 26, 1991 Member Merkley expressed concern over the fact that he width of the private street at the connection to Elrene Road i- only 16 feet. City Planner Jim Sturm believed that because West Publishing owned - 1 three lots there was some sort of a "comfort vel". He felt that th- e should be no concern. Ch- ' man Graves addressed the issue of trailway and whether it would -- on the east or the west side o ' Elrene Pond. City Planner Jim Sturm s • -ted that the park commissio ould be discussing this in early March a , that he really could n• answer that question at this time. He did sta= - that Elrene Road w. ld be improved this summer. Miller moved, Tr = _ seconded, otion to approve the Planned Development Amendment t' allow t, ee residential lots instead of the previously approved one 1.- . A voted in favor. Miller moved, Staehli s= o -ed, motion to approve the Preliminary Plat to replat Lot 1, Blo• - 2, W Publishing 4th Addition, subject to the following conditions: 1. These stan. - d conditions of pl approval as adopted by Council action on -uly 10, 1990, shall be lied with: Al, B , B3, C2 , C4, El, Fl, H1 2 . A -eclaration of covenants shall be submitte 'ndicating all easements All v• ed in favor. WILLBROOK ADDITION - JIM WILLIAMS & TOM WESTBROOK Chairman Graves opened the next public hearing for the evening regarding the rezoning of approximately 3.2 AG acres and 6.7 PD acres to an R-1 district and a Preliminary Plat consisting of 17 lots on approximately 9 . 9 acres located along the east side of Lexington Avenue north of Wescott Road in the SW 1.4 of Section 14. City Planner Jim Sturm presented an overview of the staff report. He stated that the barn building and the barn house will be removed. He recommended that condition two be amended to delete Lot 3. Jim Williams, one of the applicants, stated that his and Tom Westbrook's, the other applicant, rational behind this request was to t to do something with their property g et out from beneath the assessment burden. Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 26, 1991 Chairman Graves recommended that a condition be added that requires that retaining wall plans be submitted before approval of the final plat. Assistant City Engineer Mike Foertsch agreed that it should be made a condition. Member Staehli and Member Voracek recommended that curb cuts should be removed and that this should be added on to condition 3. Member Merkley voiced his concerns regarding the three lots that do not meet the R-1 minimum lot size requirement. He wondered if shifting the cul-de-sac to the north or south would help meet the 12, 000 feet requirement. Mr. Williams stated that the reason the lots are drawn as they are is because there are two property owners involved and they were trying to make the division follow the existing property lines. Member Voracek mentioned that to move the cul-de-sac north or south to meet the 12, 000 feet requirement would mean a shift of 26 or 27 feet. Chairman Graves questioned if the 1985 PD Agreement was ever done or was it lost. City Planner Jim Sturm replied that he believes it was never executed. Miller moved, Staehli seconded, motion to approve a PD Amendment to remove the existing Westbrook Planned Development zoning. All voted in favor. Miller moved, Merkley seconded, motion to approve rezoning from AG/PD R-1 to R-1 . All voted in favor. Chairman Graves commented that each lot in the preliminary plat should have a bare minimum of 12, 000 feet. Miller moved to approve the Preliminary Plat consisting of 17 single family lots on approximately 8.8 acres subject to proposed staff conditions with revisions to condition 2, 3 and 13. Motion died for lack of second. Member Voracek stated his concerns about the lot sizes and recommended that condition 2 of the staff conditions be stricken. Chairman Graves informed Mr. Williams that he had three options available to him. After discussion by the commission members and City Attorney Mike Dougherty, Mr. Williams asked that condition 2 be stricken and that this matter be placed on the March 19, 1991, City Council calendar. Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 26, 1991 Chairman Graves made the recommendation to the Eagan City Council that if there be only minor changes to the Preliminary Plat it does not have to be sent back to the Advisory Planning Commission. Miller moved, Trygg seconded, motion to approve the Preliminary Plat consisting of 17 single family lots on approximately 8.8 acres subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2 , B3 , B4 , Cl, C2, C5, D1, El, Fl, G1, Hi 2 . No direct access to Lexington Avenue (Cty. Rd. 43) shall be allowed. All curb cuts shall be removed. 3 . A 40' setback from Lexington Avenue (Cty. Rd. 43) shall be allowed. 4 . Barn building shall be removed prior to construction. 5. Addition landscape screening along the west cul-de-sac to shield headlight glare on users of Lexington Avenue shall be provided. 6. The well and septic systems shall be properly abandoned. 7 . The storm sewer system located in the east ditch line of Lexington Avenue will be connected to the existing storm sewer located approximately 200' north of Cardinal Way. 8 . The two existing 1" copper water services will be disconnected at the existing 6" main. The existing house located on Lot 2 , Block 2 will get its water service from Cardinal Way and Lot 3 , Block 1 will also get its water service from Cardinal Way. 9. An emergency overland drainage route is required between Lot 3 & 4 , Block 2 . 10. Additional drainage easement will be required for the south the HWL of 895.7 and for the ponding area along the end of Block 2 to th P g g north line of Block 1. 11. All lots are required to hook up to City sewer and water. Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 26, 1991 12 . Retaining wall plans shall be submitted before approval of final plat. All voted in favor except Voracek and Gorman who opposed. BURRVIEW POND ADDITION - BANDER & COMPANY, INC. Chaff man Graves opened the next public hearing regardin. - Prelimina. Plat consisting of 132 apartment units on appr• - imately 13 .7 previ. sly-zoned R-4 (Multiple) acres located along e south side of High -y 55 in the NE 1/4 of Section 12. City Planne Jim Sturm presented a brief summary -f the application and overview of the staff report. He tated that additional landsca, ' ng would need to be done on t s project. He also informed the commis on members that there was eighborhood meeting on February 20, 1991, -nd some of the concerns raised were the density of the project - d the access road to ighway 55. John Bell, a representa 've for the de -loper, presented the commission members with the : .one Preliu- nary Plat. He informed them that since October, 1990, majo hanges ad been made. They pushed the apartment complex as far awa -s ssible from the homes in the area. Mr. Bell presented graphic pi, r .rials of sight lines. Chairman Graves thanked Mr. B= 1 f. listening to the commission members recommendations and tho t that is new plan was a much better one. Chuck Ahlberg of 565 Ch. .el Lane communica . -d to the commission members that his home was -" ly 71 feet away from he corner of his lot to the corner of the oposed apartment builds -• . He suggested the south end of the bu ' ding be turned so that it -ced east not south. He also sugges d relocating the basketball co-. is and erecting a berm acro- every backyard. He also thought he zoning was inappropriate. David Mann o - 624 Sally Circle stated that he had conce s about child safety a , that this apartment would decrease the valu of his home. He also elt the access road was not wide enough. Mr. . n addressed t high density issue. Sharo Mann of 624 Sally Circle felt frustrated by the City o . Eagan. e would like to see this area rezoned and was worried abou who wo d have to pay to have the access road widen. Agenda Information Memo March 19, 1991 City Council Meeting PRELIMINARY PLAT/BURRVIEW POND ADDITION D. Preliminary Plat, Burrview Pond Addition/Sander& Company, Inc., Consisting of 132 Apartment Units on Approximately 13.7 Previously Zoned R-4 (Multiple Acres) Located Along the South Side of Highway 55 in the NE 1/4 of Section 12--At its regular meeting of February 26, 1991, the Advisory Planning Commission held a public hearing to consider the above-referenced preliminary plat for Burrview Pond Addition. Background concerning previous applications regarding this site as well as background on the current application are enc osed in the Community Development Department staff report on pages cis through\01. The APC is recommending approval of this application. The commission is recommending a modification to condition 10 relative to the upgrade of the frontage road . and added a condition requiring that the parking lot conform to City standards. Information relative to the public hearing and Planning Co�ssion deliberations, please refer to the APC minutes which are enclosed on pages l 1 through I 1 I for your review. Also enclosed on page I). is a copy of the on inal plan submitted by the applicant which was P g � PY g substantially modified in the current application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat for Burrview Pond Addition as presented. q I( SUBJECT: PRELIMINARY PLAT (BURRVIEW POND ADDITION) APPLICANT: J. GARY SANDER LOCATION: NE 1/4 OF SECTION 12 P.I.D. #10-03800-010-03 EXISTING ZONING: R-4 (MULTIPLE RESIDENTIAL) DATE OF PUBLIC HEARING: FEBRUARY 26, 1991 DATE OF REPORT: JANUARY 29, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An app lication has been submitted requesting Preliminary g a ry Plat for the Burrview Pond Addition consisting of 132 rental apartment units located on 13.7 acres of previously-zoned R-4 (Multiple) property along the south side of Highway 55 north of Chapel Lane. The Land Use Guide Plan designates this area D-III (Mixed Residential) which calls for a density of 6-12 units per acre. The prevailing R-4 zoning allows a density of 12+ units per acre. BACKGROUND: A Preliminary Plat was previously approved for this site on June 7, 1988. The Crystal Ponds Addition proposal had a 15 building configuration with a total of 137 units. This proposal had a site building coverage of 15% and a paved area coverage of 18%, with a total site hard surface area of 33%. The Final Plat was never obtained. The current Preliminary Plat application was continued by the Advisory Planning Commission at its October 23, 1990 meeting. The applicant requested the continuance after concerns were raised regarding the placement of the building on site and the visual ramifications to nearby single family homes. Since this time, the applicant has redesigned the layout so the impact on adjacent property is reduced. The site in question was Area V of the City's "Multi-family Residential Land Study". In its review of this study area, on April 3, 1990, the City Council recommended consideration of a Comprehensive Land Use Guide Plan Amendment changing the designation of the site to D-II (Mixed Residential, 0-6 units per acre) and a Rezoning to R-3 (Townhouse). However, no public hearing was scheduled to consider this recommendation because the property owner informed staff of his intent to submit a Preliminary Plat application. At its June 4, 1990 meeting, the City Council directed staff to proceed with review of the Preliminary Plat application for this site. EXISTING CONDITIONS: The site is bounded by single family homes in the Burrview Acres Addition on the south and Selmark and Harvey Additions on the west. Property zoned General Business that includes a landscape company abuts the site on the east side. Currently,the site is primarily open grassland except for some scattered deciduous trees that are most abundant along the edge of the pond in the northeast portion of the property. The site slopes from the southwest to the northeast. There is a well on-site that must be abandoned per Dakota County requirements. SITE PLAN: The site plan shows one access to the property and this is in the northwest corner of the property off Highway 55. This access drive serves two separate surface parking areas. The City Code limits building coverage to 20% of the site. This proposal has a building coverage of 8.1% with a paved area coverage of 10.7%; the total hard surfaced area of the lot is 18.8% The density of this proposal is 9.6 units per acre of gross area, while the net density is 11.66 units per acre. This net figure is arrived at by allowing only 10% of the easement area to be used when calculating the density of the proposal. The City Code allows only 10% of any unbuildable area, easements, right-of-way, etc. to be included in a site density calculation. However, the City Code also allows a 300 sq. ft. density credit for each unit served by an underground garage stall. Each unit in this proposal qualifies for this density credit. The 11.66 unit per acre net density meets the R-4 zoning requirement, and the Guide Plan D-III density of 6-12 units per acre. This development will occur in one phase. The proposal provides for 269 parking stalls with 137 of these being underground garage parking. The City Code requires two parking stalls per unit with one of these required to be in an enclosed parking area. The applicant is providing five more garage parking stalls than required. The site in question lies approximately four miles from the ends of the parallel runways and falls in the fourth policy contour as defined by the Metropolitan Council. The Metropolitan Council has established conditions of noise abatement required of any development project falling in a policy contour. Due to its location in the fourth policy contour, this proposal shall be designed and constructed to achieve an interior sound level of 45 dba, such design to be subject to review by an acoustics specialist chosen by the City. Also, the developer shall ensure that any subsequent owners and managers shall inform prospective residents that the subject property is within an aircraft noise impact area. COMMENTS: The proposed 132 units break down into 42 one and three bedroom units and 48 two bedroom units. The developer is intending to attract a range of tenants including singles, small families, and empty nesters with moderate rental rates. All units will include kitchen appliances and uniform window treatments. Community laundry facilities will also be provided. Access into the building will be controlled by a telephone controlled security system. The building will be protected by an automatic sprinkler system throughout. ct (0 Storage space will be provided outside each dwelling unit with bicycle storage provided on the garage level. The building will be served by one elevator, as well as three stair wells, two of which will allow for access to the front and rear of the building. Two trash and recyclable rooms and two trash chutes will be located with one each on either side of the building. The building will be sided with a maintenance free aluminum or vinyl lap siding (the color has yet to be decided),while the building foundations shall be rock face concrete block. The building side walls are broken by balcony or living room projections that are capped by roof gables. PARKS & RECREATION: The Parks & Recreation staff is recommending the following to the Advisory Parks & Recreation Commission: 1. The plat will be responsible for a cash parks dedication of$559.00 per unit based on the 1991 rate schedule and for a cash trails dedication of $100 per unit based on the 1991 rate schedule. 2. The proposal is subject to providing 22,200 sq. ft. of recreation area in accordance with the City Code. The developer indicated that a playground, basketball court and trails are included within the site. Park staff agrees with the need for these facilities in consideration of the site's isolation from Bur Oaks Park. Staff will evaluate whether a parks dedication credit should be provided to the developer based on the proposed recreation amenity package. LANDSCAPING: The preliminary landscape plan was reviewed conceptually with the intention that the final plan will be submitted on the grading plan and signed by a registered landscape architect. The plan was modified after the initial review with the applicant and while the shifting of plant material occurred, staff still feels some additional plant material is necessary along the southern property line to lessen the impact of the different adjacent land uses. This will create more of a physical separation between the two. The wildflower prairie mix proposed in non-irrigated areas will add to the applicant's design goal of restoring the site to more of a native type state. The applicant is also proposing irrigation in the interior areas along all sides of the parking area, approximately 10' from the back of the curb. This will greatly add to the appearance of those areas. Through careful grading procedures, most of the existing tree stands along the east, south, and west portion of the pond can be saved. The applicants have significantly approved the overall landscaping in the project since last fall. Ct GRADING/DRAINAGE/EROSION CONTROL: This plat provides for the grading of an undeveloped area of the City that is located along the south frontage road of T.H. 55 east of the intersection with T.H. 149. The existing area of the plat has a maximum differential in elevation of approximately 66'. This site is partially wooded and contains storm water Pond GP-2. Pond GP-2 is a designated ponding area in the City's Comprehensive Storm Water and Water Quality Management Plans. The drainage basin that contributes to the storm sewer that drains the frontage road into Pond GP-2 is estimated to generate approximately 95 c.f.s. during a 5-year rainfall event when fully developed. Based on current conditions and projected development, the 21" storm sewer in the T.H. 55 ditch does not have capacity for additional discharge from the plat. Therefore, it is recommended that the existing storm sewer be enlarged from the point of connection to the normal water level of Pond GP-2. The proposed grading will disturb approximately 8 acres of the 13.7 acres site and will minimize the removal of trees and wooded areas. Efforts should be made by the applicant to protect the trees prior to the start of the grading operation. The grading will not change the existing drainage patterns which direct flow overland to Pond GP-2. Storm water from approximately 4.6 acres of the graded portion of the site will be collected in a storm sewer system that is shown to connect to the existing 21" storm sewer line on the frontage road. The existing 21" line drains into Pond GP-2. Storm water from the remaining graded portion of the site will flow overland to Pond GP-2. Maximum street grades within the site will be 4.5% and the driveway intersection with the frontage road will meet the City's design standards for grades of 2% or less. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. The City will monitor the site during the grading and building construction, and if sediments erode into Pond GP-2 from the site, the developer will be responsible for removing the sediments. WATER QUALITY: The proposed development will drain to Pond GP-2, which is classified as a nutrient trap in the City's Water Quality Management Plan. The outlet for Pond GP-2 is through a lift station that pumps the water to Pond GP-1, which is an indirect contact waterbody located along Bur Oak Park. Phosphorus is the nutrient that most often causes water quality degradation. Control of phosphorus is therefore the focus of the City's water quality management effort. Analysis using the City's water quality model indicates that the average concentration of phosphorus in run-off from the platted area will increase from 190 parts per billion (ppb) under undeveloped conditions to about 450 ppb after development. A storm water detention pond with a surface area of about .3 acres and a wet volume of .7 acre-feet Ct would be sufficient to bring phosphorus concentrations in stormwater runoff from the site down to predevelopment levels (190 ppb) consistent with City policy. City staff measured the depths of Pond GP-2 to compute the existing storage volume that is available. The maximum depth was 5 feet, the area of the pond at the NWL of 804.3 is 2.55 acres and the current wet storage volume is 6.68 acre feet. The wet storage volume provided by this pond exceeds the required volume of 0.7 acre feet that this development's runoff would require. In lieu of on-site treatment, staff recommends that the City accept a pond easement from the developer for Pond GP-2. With some modifications, this pond could be used to treat run-off from the site to protect water quality of ponds lower in the basin. In order to provide the additional treatment, however, modification of the pond will be needed to increase wet storage volume and/or change the depth from which the lift station outlet draws water. UTILITIES: Sanitary sewer of sufficient size, capacity and depth is available within the frontage road and is proposed to be extended for service within the plat. One clean-out will be necessary at the property line due to the service length in excess of 100'. Water main pressures and flows to the site were investigated. It was determined that the existing 6" water main located within the frontage road is of sufficient size, pressure and capacity to serve the domestic usage needs of the proposed apartment building. It also appears that the water main will adequately serve the ro osed sprinkler system for fire P P P Y protection of the building. This is subject to the specific requirements of the sprinkler system that is installed. If a sprinkler system is not used, adequate pressure and capacity for fire protection will not be available to the building. Staff recommends that additional hydrants be added for fire protection to the east end of the proposed emergency vehicle access roads. The preliminary site plan shows an access road on the north end of the building and another access road on the south end of the building. The two additional hydrants will improve fire protection to the east side of the building. STREETS/ACCESS/CIRCULATION/PARKING LOT: Access to the plat will be from the T.H. 55 frontage road. MNDoT has reviewed the preliminary plat and made recommendations concerning the access. The entrance to the plat should be 32' wide with a 20' radius. The proposed location of the entrance allows reasonable distance between the frontage road and driveway to facilitate turning movements and reduce potential backups on the frontage road. All streets within the plat are proposed to be privately owned and maintained. Due to the condition of the existing frontage road, which is owned by MNDoT but maintained by the City, staff recommends that the portion of the frontage road that abuts the plat be upgraded to current City standards with streetlights, storm sewer and concrete curb and 43‘C\ gutter. In addition, City staff recommends the parking lot comply with current City standards, including concrete curb and gutter with storm sewer catch basins to be located within the gutters. In order to provide additional fire protection, the applicant proposes a 20' wide emergency access allowing access to the rear of the building. STREE!'LIGHTING: It was determined that the City of Eagan will require a 250 watt high pressure sodium intersection street light at the intersection of Hwy. 55 and the frontage road. The City of Eagan will require a 100 watt high pressure sodium ornamental residential type street light at the intersection of the frontage road and the driveway entrance to this development. This development is located in NSP's service area. EASEMENTS/RIGHT-OF-WAY PERMITS: The frontage road upgrading will require the developer to dedicate additional right-of-way. The final configuration of the frontage road upgrading will determine the amount of extra right-of-way required. The city will require a boulevard of 10 feet south of the new curb of the frontage road that will be located in the dedicated right-of-way. No right-of-way for internal streets will be dedicated as a part of this plat since all streets will be privately owned. All easements of sufficient width based on depth of utilities will be dedicated as a part of the plat. In addition, drainage and utility easements for Pond GP-2 will be dedicated as a part of the plat. The development will be responsible for ensuring that all regulatory agency permits (MPCA, MN Dept of Health, MWCC, MNDoT, Corps of Engineers, Dakota County Highway Department, etc.) are obtained prior to final plat. • FINANCIAL OBLIGATION - Burrview Pond Addition Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amount None -0- There are presently no pending assessments on this property. • 0&) BURRVIEW POND ADDITION CONDITIONS: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, Bi, B2, B3, B4, Cl, C2, C4, C5, D1, El, Fl, H1 2. Trash and recycling containers shall be stored inside the building. 3. An underground irrigation system shall be provided per preliminary landscape plans. 4. Developer shall submit interior sound level design to be reviewed at the developer's expense by an acoustics specialist chosen by the City prior to Final Plat. 5. The developer shall ensure that any subsequent owners and managers shall inform prospective residents that the subject property is within an aircraft noise impact area which may be considered excessive to some people. 6. The on-site well shall be abandoned per County regulations. 7. All signage shall meet Sign Code regulations and be responsible for the one-time sign fee of $2.50 per sq. ft. 8. One indoor parking stall shall be included with the rent. 9. Snow fencing shall be installed around all trees to be saved prior to issuance of grading permit. 10. The development is required to upgrade the existing frontage road adjacent to the site in accordance with MNDoT requirements and City Standards. 11. City Code requires internal entrance roadways be a minimum 30' back-of-curb to back-of-curb. 12. The development is required to submit details relative to sprinkler system specifications for review by staff to ensure adequate fire protection. 13. Additional hydrants shall be added along the emergency vehicle access roads for improved fire protection. 14. The final plat shall dedicate a drainage and utility easement over Pond GP-2 up to the HWL of the pond. 15. The storm sewer line on the frontage road shall be upgraded to current City Standards from the NWL of Pond GP-2 to the west plat line. O 1 mw STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1 . This development shall accept its additional financial obligations as defined in the staff 's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval . B. Easements and Rights-of-Way 1 . This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2 . This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 3 . This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4 . This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1 . All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2 . A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3 . This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4 . A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5 . All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. Public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval . E. Permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G . Rater Ouality Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City 's Water Quality Management Plan. H. Other 1 . All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 plataprv. con LTS #2 to 5 c ,. 45 ,, w- / ■ I i :,..4.,, ' '.E NW ,Ty .° ASIA .k .7'4a, Lc7t O '.I • 1[_ �. J `ay,iii` 4` iE SW '. I k it .`�1 .Sf w r .".11EPRO011piailliVIE93311"1" 's, A j z,, :)l 1 ,"' . ..-, t R-4' l'. _ 4 :, : ..., . 1 ----...........„ //�� `• I 320(..... "- 11 ._ R i• at 7 - - _ 340( I I m'. I ,D-II 1 c 8 ';'t 61. tok g1'� e 4, air. -!I I as jII I )I L°4 I •• rtos7�!W •WYJ slnawidddd >11,0 one u7ai � •, ,. --- Q • OM. MVO,=MOW ■•••J71kAM r—v...m +E i I g o Q ' s1 t i !!! 'Ili r. C y q t t t yE 8 YJ 71 ; c t . 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'-'4r' .1111P& • 11:‘,7; k /1-7'// 4 Lfts---- auPti—gii.d° ,...a.,..:„01- ,I•simp,....;.:; .7..:,:t.;:i ; •01 --tfe."1 I": .40,111--..../a111111rN\ . 1 IV: ii? *:,.. 1::*tiPP- -1.11&\10,. Ir.:- 7 III =,.. - �//�� mil!:- "; ft::: 18,11 .....!.. ,at it,A.,-..m.41 .... -- :. ' - • 0 sp 4, rigillik 41t,„,m j Ai la 1 . v/ • At- „NW" .:, ii.ts..'" r,I,Ae It/ (I. ' < < rL—..\ V y I. �, . Ilti Ili i : Itli I 1 ION .-.,... ` ,• - SIN3WltdVdV >VO 1111101111 ^�*" =_ . . -�.. a .Aia......,'maw �`A�MIW =i! I ; ! hII 6 8 ,-- : - i li I a 3 ' F►_ • e.. = !66 _iCC 141 = le El 1414 I=CE Thu I: C �e e - II� • C = 16 B . . iCC = CC• = 6 6 I: IL 1: = 6 6 1 IB B = B 81 = 86 = 88 . . CC = �a 6 II CC ICC ! . = CC = 6 6 • _ • = 66 = e a 6 8 = ee _ a6 ih dIE . CC = laa - CC II = 18 a . = i= _ =1C C _ P _ • I: : I!! r... _. . . .- 7;1 � C � ,=3 , (/ 01 14!. 11,111iltli rl I 4eD 1-1:70L Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUT . FEBRUARY 26, 1991 12. Retaining - all be submitted before approval of final plat. All vo - n favor except Voracek and Gorman w • ••sed. BURRVIEW POND ADDITION - BANDER i COMPANY, INC. Chairman Graves opened the next public hearing regarding a Preliminary Plat consisting of 132 apartment units on approximately 13.7 previously-zoned R-4 (Multiple) acres located along the south side of Highway 55 in the NE 1/4 of Section 12. City Planner Jim Sturm presented a brief summary of the application and an overview of the staff report. He stated that additional landscaping would need to be done on this project. He also informed the commission members that there was a neighborhood meeting on February 20, 1991, and some of the concerns raised were the density of the project and the access road to Highway 55. John Bell, a representative for the developer, presented the commission members with the redone Preliminary Plat. He informed them that since October, 1990, major changes had been made. They pushed the apartment complex as far away as possible from the homes in the area. Mr. Bell presented graphic pictorials of sight lines. Chairman Graves thanked Mr. Bell for listening to the outumission members recommendations and thought that this new plan was a much better one. Chuck Ahlberg of 565 Chapel Lane communicated to the commission members that his home was only 71 feet away from the corner of his lot to the corner of the proposed apartment building. He suggested the south end of the building be turned so that it faced east not south. He also suggested relocating the basketball courts and erecting a berm across every backyard. He also thought the zoning was inappropriate. David Mann of 624 Sally Circle stated that he had concerns about child safety and that this apartment would decrease the value of his home. He also felt the access road was not wide enough. Mr. Mann addressed the high density issue. Sharon Mann of 624 Sally Circle felt frustrated by the City of Eagan. She would like to see this area rezoned and was worried about who would have to pay to have the access road widen. Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 26, 1991 Jerry Groth of 642 Rita Court informed the commission members that it was very difficult to make a left-hand turn onto Highway 55 and the traffic is only going to get worse. Don Tietjen of 555 Chapel Lane suggested erecting a fence behind all the neighbors backyards. That possibly could stop children from walking through their yards to get to the playground at the apartment building. Kathy Persell of 3289 Random Road replied that a fence would probably not work because children will just climb over it and wreck the fence. She too raised the issue of the access road and Highway 55. Joe Boche of 611 Sally Circle had concerns about the pond behind the apartment building. It is a mess and was wondering if it was going to be cleaned up. He would like the commission members to take a look at the pond. He was concerned about the access road. Jack Truesdale of 3315 Highway 55 stated his concern about the access road. He informed commission members that if they widen the roads it would mean taking property away from home owners and it would certainly end up in litigation. Vern Shaft of 520 Chapel Lane voiced his concerns regarding the maintenance of the apartment building. A landowner at 603 Chapel Lane suggested that a stop sign be placed at the intersection of Chapel Lane and Random Road. A landowner at 3295 Highway 55 mentioned the access road problem. Mr. Bell attempted to answer some of the neighbors concerns. He stated that they can not bend the building to the east because of grade contour lines. He would be willing to build a fence in every backyard if the value could be used as a park dedication. He has no problem with adding more berming. He estimates there will be excess material and it can all be used for berming. They will be cleaning up the pond area. Chairman Graves informed the neighbors that they can not rezone, it is a moot point. Assistant City Engineer Mike Foertsch stated that the access road was owned by MMDoT. He wanted to inform the neighbors that even if the apartment building was built they could still go to the Eagan Vjr\ Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 26, 1991 City Council regarding their problems with the access road. Likewise, the residents could petition the City Council for the installation of stop signs and street lights. Member Voracek examined the area and did notice a major problem with the traffic on Highway 55 and the severe rise west of the access road. Assistant City Engineer Mike Foertsch told him that MNDoT would have to handle that. A discussion took place regarding the above problems and concerns. Member Merkley raised the issue of water quality in the pond. Assistant City Engineer Mike Foertsch stated the water quality would be fine. Member Voracek recommended adding a condition regarding the sight distances on Highway 55 from the access road. Assistant City Engineer Mike Foertsch stated that this could be added to condition 10. Member Merkley recommended adding condition 16 regarding that the parking lot must conform to city standards. Miller moved, Voracek seconded, motion to approve the Preliminary Plat for the Burrview Pond Addition consisting of 132 rental apartment units located on 13 .7 acres of previously-zoned R-4 property along the south side of Highway 55 north of Chapel Lane, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2 , B3 , B4 , Cl, C2, C4 , C5, D1, El, F1, H1 2 . Trash and recycling containers shall be stored inside the building. 3 . An underground irrigation system shall be provided per preliminary landscape plans. 4 . Developer shall submit interior sound level design to be reviewed at the developer's expense by an accoustics specialist chosen by the City prior to Final Plat. 5. The developer shall ensure that any subsequent owners and managers shall inform prospective residents that the subject property is within an aircraft noise impact area which may be considered excessive to some people. Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 26, 1991 6. The on-site well shall be abandoned per County regulations. 7 . All signage shall meet Sign Code regulations and be responsible for the one-time sign fee of $2.50 per sq. ft. 8 . One indoor parking stall shall be included with the rent. 9. Snow fencing shall be installed around all trees to be saved prior to issuance of grading permit. 10. The development is required to upgrade the existing frontage road adjacent to the site in accordance with MNDoT requirements and City Standards, and to comply with staff recommendations regarding the sight distances on Highway 55 from the access road. 11. City Code requires internal entrance roadways to be a minimum 30' back-of-curb to back-of-curb. 12 . The development is required to submit details relative to sprinkler system specifications for review by staff to ensure adequate fire protection. 13 . Additional hydrants shall be added along the emergency vehicle access roads for improved fire protection. 14 . The final plat shall dedicate a drainage and utility easement over Pond GP-2 up the HWL of the pond. 15. The storm sewer line on the frontage road shall be upgraded to current City Standards from the NWL of Pond GP-2 to the west plat line. 16. Parking lot shall conform to City Standards. All voted in favor excepted Gorman who abstained. CO • •NAL USE PERMIT - R.L. JOHNSON INVESTME . , INC. Chairman Graves opene. - •ub -ring for the evening regarding a conditional use permi - - - - .or storage in a LI district and a special permi a fence in excess • -et tall on Lot 1, Block 1, R.L. J. •n 2nd Addition located along Yan - D•odle Road and Yankee 11- - e Drive in the SE 1/4 of Section 8 and NE 1. . - Section 1 1( Mb. 110111/4011111110011101110%.0.111111/11.11.11......"11 etc/egt i NtibtiO • TT is.)=1:21 1=ra 1:=[ SELMARK HARVEY ADDITION I — - �!� /�jai /��� \\\....47,/ `- ,.\ S( f ! 1 \ \ l a. --_-1•'\ PART OF LOT!.Ali. NC.S[ \ I Ave.iue. i ss trii - -. , / II / / i • �I{ ‘�w r I `� `� //yen -- - -, //%� 1 ■ .. I, . I -. -I• o I, ) I (' I: . '1 I I.I It =1 I)/ 1.'_' • O• // / / i i _ , • I ( 4• /,•.%, ,__ •C,•,� .j< r t t L.��Mw1►we.l I - '1�. l a I /1° .J ' I ' /c - � �J� EL ' i§ , \ ii / /II t i: ( .Mj , 2 1 I ' I � I �3 / 0 __I [1 : 1 I : / 1 l f0 S / m • r—TH L1 i., / it% \ 1 rr ' ..y.."lb! l 1' / • S r�� '4111111.l / / // •• i rl , 1• 7,.. ..._ ;_ z E _ i o 1 °ef° YM:1 4. rrr rrrr.. glil.igllil .;Viil . 1 I. i . • 1 I Via" a . iiiii la I9 b. 1 2 € I ; O SE H i [i A• ;q Ali I: 1 iF r > is s ii Px t E3,1 q'2 g i!h4 °a3F�XIe . lT� ::57` 6 PRELIMINARY SITE KLAN .� r �`— ^� +���• Lard Use Plaeele[sad Dolts - "' BURR OAK APARTMENTS „� Brauer&Associates Ltd. E.O.4.nroa SOr. �� MI�4 C pw.,E.I..P.n..M1.II$ , .. -- (411)MI.IM0 F.1411)M1.1 3 � MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Subject to Approval January 29, 1991 Eagan, Minnesota A special meeting of the Eagan City Council was held on Tuesday,January 29, 1991,at 5:30 p.m. in the City Council Chambers. Present were Mayor Egan, City Councilmembers Gustafson, McCrea and Wachter. City Councilmember Pawlenty was under doctor's care and disallowed any mobility from his home and therefore was unable to attend the meeting. Also present were Director of Community Development Runkle and City Administrator Hedges. SENIOR HOUSING PROJECT Mark Ulfers, Executive Director for the Dakota County HRA, and Kari Gill, Assistant to the Executive Director for the Dakota County HRA, were present and explained the proposed senior housing project the City and County are coordinating for development on Outlot A of the Park Center plat on the north side of Cliff Road, west of Cliff Lake Road. Mr. Ulfer's presentation and review of the senior housing project included alternatives to providing senior housing in addition to an examination of private and public ownership for the financing and management of a senior housing project. He further reviewed the joint City of Lakeville/Dakota County HRA housing project and explained the financing, number of units and success that project has had under public ownership and management. After further review and presentation by Mr. Ulfers, the City Council expressed their support for the public ownership option which lowers monthly rents by $300 400, reduces the total development cost and eliminates the necessity for a developers equity. After additional discussion,the Director of Community Development was given direction by the City Council to prepare the necessary documentation and agreements with the Dakota County HRA for a 65 unit rental senior housing project to be located on Outlot A of the Park Center subdivision. BUDGET REDUCTIONS City Administrator Hedges reported on a bill that was enacted by the Minnesota Legislature during their first week of the 1991 session that imposes a reduction in the July payment of HACA aid from the State of Minnesota. He stated that the impact on the general fund budget is approximately $200,000 requiring an amendment to the 1991 operating budget. The City Administrator further suggested that a spending reduction plan be authorized by the City Council to adjust the operating budget according to the decrease in the state aid appropriation. City Councilmember Wachter commended the City Administrator on a memo he prepared entitled"1991 Spending"advising all departments of the City to practice expenditure constraints due to the anticipated mid-year budget cuts by the State Legislature to offset the state budget deficit. He further suggested that a framework for managing all expenditures during 1991 be established and that specific recommendations be made to the City Council for an amendment to the 1991 general fund operating budget due to the reduction in HACA aid. City Councilmembers discussed various spending proposals and suggested that the police accreditation program be placed on hold and, further, that certain departments may receive larger budgetary adjustments due to the necessity to prioritize the delivery of City services. The City Administrator was directed to prepare an amendment to the 1991 general fund operating budget that reduces total 1991 expenditures in the general fund by an equal amount of revenue reduction in HACA aid that we received as a part of the July payment by the State of Minnesota. The City Administrator stated that a plan will be presented at the February work session with ratification proposed for the March 5, 1991 City Council meeting. PUD REVIEW Mayor Egan reconvened the Special City Council meeting by welcoming members of the Advisory Planning Commission including its Chairperson Gary Graves, Joyce Staehli, Mark Miller, Ron Voracek, Scott Merkley and Lori Trigg to the traditional and annual review of all planned unit developments. Director of Community Development Runkle introduced the PUD review referring to the City Code regulations that require an annual review of all planned unit developments. He further introduced Kim Eggers, Project Planner in Community Development, who prepared the document analyzing the status of each inactive, semiactive and active PUD. Project Planner Eggers briefly reviewed the inactive planned developments for several parcels and, due to the lack of activity and status of each project,there was little discussion by either members of the Advisory Planning Commission or City Council. Project Planner Eggers also reviewed the semi-active planned developments which are thirteen (13)various subdivisions that are not fully developed. There was limited discussion on each of the various parcels basically focused on current ownership of properties remaining to develop within each of the PUDs. There were no presentations by property owners, developers or residents for either the inactive or semi-active development reviews. Project Planner Eggers continued her presentation by reviewing those planned unit development projects that are considered as active development projects within the community. Those PUDs represented by a property owner or developer that included a formal presentation were as follows: Blue Cross - Blue Shield Earl Milbridge Cray Addition Ron Zamanski Diffiey/Cedar Mike Gould Eagan 40 Dan Dolan Eagan Center Paul Gross Eagan Heights Commercial Park Charles Bartholdi Eagan Hills West Greg Hoffman Eagandale Center Ind. Park #9 Bob Worthington Eagan Lemay Lake Bob Worthington Galaxie Cliff Plaza Paul Gross Gopher-Eagan Industrial Park John Tapper Knob Hill of Eagan Paul Olmschenk Lance Properties John Klein Park Center Charles Bartholdi West Publishing Steve Bryant Following each of the aforementioned presentations, members of the Advisory Planning Commission and the City Council asked various questions regarding development plans, ability to secure financing and other relevant development discussions. Most of the presenters indicated a slowdown in development due to the recession, inability to secure lending and as a result of an overbuild during the 1980s in commercial, office and retail space. Presenters, despite the present downward trend in development, were confident that certain projects and development would continue in the City of Eagan. Members of both the Advisory Planning Commission and City Council asked a number of questions that were project specific of each of the presenters and following the last formal presentation Mayor Egan commended the staff on their preparation and thanked each of the landowners or developers who were present for their cooperation and presentations. After general discussion on the PUD process, staff was directed to finalize the annual review of all PUDs taking into consideration any questions or additional research that was recorded during the presentations and present all the development proposals for official action by the City Council at a March meeting. Mayor Egan stated that no formal action was required on this item however thanked members of the Advisory Planning Commission for jointly participating in the annual review of all the planned unit developments. ADJOURNMENT The meeting was adjourned at 9:45 p.m. TLH Date City Clerk (aRANNIS, URANNIS, HAUGE, � " VII)E, ANDERSON & KELLER, P.A. 1tb!-nr rc nnl(..0/Itrsrlou Of I.11 200 n('eentre Professirrnnl 1 l(lg. �nui I! iinii'I 1;?60 ):urkcc Tlru,Mc Rna�l nnr,nnri ,i rsmFn 'I I'F.P ;n qri nli: If1 FnKnn, Minncsotn rrFannF riirtioi V1c1,1rinr 55121-2201 PARRY WITIFNKFIIFR P Fi t r � sn 1d'4: (02)456-0000 VAtI,F H r;rtnrarrto, sFl ,rrIn.F 'I ir1 rrn f I1112)1F4 4,12 nt r ,uni March 12 , 1991 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 RE: Correspondence From Pete Nelson Dated March 6, 1991 Dear Mr. Hedges: You received correspondence from Mr. Nelson and forwarded a copy to us. The correspondence requested that the termination of our office as City Attorneys and refers to illegal actions by our office with the Burnsville Police Department. Our office has checked with the Eagan Police ce Department, and we do not believe there have been any contacts with Mr. Nelson in the City of Eagan. Instead, I can only assume that Mr. Nelson attempted to communicate with the Eagan City Council because our office is in Eagan or the local court has been in Eagan. It appears, however, that all contacts with Mr. Nelson have been through the City of Burnsville. To my knowledge, Mr. Nelson is not charged with any offense, however, has been picked up recently on a 72-hour emergency commitment hold. The only contact our office has had with Mr. Nelson is regarding a request for police reports involving Mr. Nelson. I hope that this relieves any curiosity or concern regarding the dealing of our office with Mr. Nelson. Very truly yours, GRANNIS, GRANNIS, HAUGE, EIDE, ANDERSON & K5LLER, P.A. BY: , • K_r in W. Eide KWE/lmd , ., 7 /- , --,,,,:-., / ,„, ,....„) _ I ‘i [ 1( ( 1 17'(Th. 1, ,.-:,) 4--? V (._,- ) . 1 A 1<:'_ o c,f I( __..4 , Q,., ..1._. /./ ....-4 7i ) n.L.,, „.„,;{ _e_7,-..,e.,4,_a „.,.....,__V ,1/:.7.-1...i ,,,,-.......e..-t,..----). - (z..7,,„.., -- --' - . ) , .. / ; 7) /7 1 ,,, . 7 144- 2 i i I , //_,, / ' /' : ..f/ .--e--V......q_ ,....--<./--k_,-----7. .,---' ,,,,,-;,,f 1.,--;.,- 1,_..) (71/-.) t. _... , . / / -- • . . -, --r,---...e ------- , '(FC--7-' ‘ ,--e—ev's--(?.._ / ., ..--` ( '•..:` -`----' 0 I/ ,2 () 0 ,,,, c_.)0 ,....--7 ---) (2 /I - -r A i-7"r1----- C...:1--1. ... ‘,.. - , '._ .. 71- y-._ 4. -,..* .._.7,-;7a....f" i -. ‘-c="'--). - /2 6 0 7 c----) 7-- / (1 ../' 2- ,,J`-.17 / 2_./ ,--,. --,:.T .."_-.--As_...--,•---'',,,. - ),, -"- ......., 1 , '.-," ......../ ,...) . // I -1-'1) (-).,n,,.,4--te---(,4 v-‘,-0--- _,' ,_fi. ,..- 1 c---7n / k.../ / 1 _.- ( i i--)4 N) (-------k--- --,12---1..:----0.--\......k....e.... _-.•6`L-727,' A........, .,,,,,,,,e..-,'61_,C 1:,-4.1.e.,,,,,,...t_l...,, ‘,...._ I i / i,./1 - --+ _1,,- . e . I _ \I i 4.,.. /)( t\4., (,,,,i ....___ \ MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 15, 1991 SUBJECT: PETE NELSON CORRESPONDENCE Enclosed is a copy of a letter that was sent to the City Council by Pete Nelson of Lansing, Michigan. Also attached is a letter from Kevin Eide responding to the City Administrator in regard to comments and statements made in Mr. Nelson's letter. Apparently, Mr. Nelson is under doctor's care for mental problems. (1--% City Administrator cc: Pat Geagan, Chief of Police Jim Sheldon, City Attorney Attachments TLH/vmd CONFIDENTIAL MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 15, 1991 SUBJECT: RESOLUTION/PROPOSED DAKOTA COUNTY RESOURCE RECOVERY FACILITY The March 13 , 1991, edition of the Eagan Chronicle misstated the outcome of a meeting that was recently sponsored by the Dakota County Citizens Against Burning that was attended by Mayor Egan and City Counciimember McCrea. The article states "At the meeting, Egan and Councilmembers Tim Pawlenty and Ted Wachter signed a petition requesting a moratorium on the County's planned $147, 000, 000 garbage incinerator. " This statement is inaccurate, first, in its representation as to who from the City Council was in attendance at the meeting, and secondly, no one from the City Council signed the petition. The petition was discussed at the February 19 City Council meeting and the City and staff were directed to prepare a resolution for consideration at the March 5 meeting that incorporated points stated on the petition, as modified at the Council meeting, and incorporated as a part of a resolution that was adopted by the City Council during February 1990. The City Administrator has contacted Terry Mencel and asked for a correction and advised Mr. Mencel to speak with Mayor Egan on the matter which did occur Thursday morning. Commission Chapdelaine has asked members of the City Council to consider a continuance of the proposed resolution from the March 19 City Council meeting to allow for a special meeting at which time representatives of the County could explain in more detail the research and considerations the County has given to this issue. If the resolution is not adopted as presented or modified at the meeting on Tuesday, it would be advisable that if the matter is continued for a meeting that Dakota County organize and schedule the meeting instead of the City of Eagan. Terry Davis, an Eagan citizen and member of the DCCAB has asked for a copy of the resolution as it appears in the City Council packet and after further review this weekend, may suggest changes that would appear as a part of the Administrative packet on Monday. C\ ‘ili • ,- City Administrator r---- TLH/kf CITY OF EAGAN 3830 Pilot Knob Road For the Period Eagan, MN 55122 (612) 454-8100 July, 90 - June, 91 SERVICE STATION PERMIT TRAILER PERMIT Tom Thumb Food Markets, Inc. hereby submits application for a x Service Station Permit ($100.00) Trailer Permit ($50.00) Name of Applicant Tom Thumb Store # 166 Street Address 1446 Yankee Doodle Rd City, State, Zip Eagan, MN 55122 Telephone Number 452-4874 Location of station or trailer if different from above address: MAKE CHECK OUT TO: CITY OF EAGAN IN THE AMOUNT OF $100. 00 PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. PLEASE RETURN YELLOW COPY WITH PAYMENT. RETAIN THE WHITE COPY FOR YOUR FILES. FOR OFFICE USE Receipt # 100396 Amount Received $10 0.0 0 Date of Receipt 3-11-91 City Council Approval Date 3830 Pilot Knob Road Eagan, MN 55122-1897 (612)454-8100 CITY OF EAGAN APPLICATION FOR LICENSE REFUSE/R.ECYCLING 1 , Anthony Vertin hereby make application for a Refuse/Recycle license for the year 193F. OWNER: Anthony Vertin 2892 Vicksburg Lane Name Address _ Plymouth MN. 55447 559-2590 City State Zip Telephone BUSINESS NAME: Ver-tech, Inc. 2892 Vicksburg Lane Address - Plymouth MN 55447 558-2590 City State Zip Telephone Municipalities where presently licensed: Edina SCHEDULE OF FEES AND REQUIREMENTS: Type of License Residential Dwelling ($50 first truck/$25 each additional) -- Required for haulers serving single family detached, duplex and four-plex units. - - Includes Residential Recycling License at no additional fee. - - Additional requirements outlined in Hauling Ordinance as attached. 3 Multiple Dwelling/Commercial ($50 first truck/$25 each additional) - - Required for haulers serving multiple family dwellings larger than four-plexes and commercial accounts. -- Permits, but does not require commercial recycling provided that documentation of quantities recycled is provided to the City. Contact recycling staff for details. -- Includes Residential Recycling License at no additional fee. -- Additional requirements outlined in Hauling Ordinance as attached. Residential Recycling ($50 first truck/$25 each additional) -- Required for haulers performing residential recycling for single family, duplex, four-plex and multi-family residential. -- Applicable to independent firms and subcontractors to licensed haulers. Combination Residential Dwelling/Multiple Dwelling/Commercial ($75 first truck/$25 each additional) - - Permits service to all types of refuse accounts. - - Includes requirements as defined for each individual license. - - Includes Residential Recycling License at no additional fee. NUMBER OF TRUCKS TO OPERATE IN EAGAN: 3 TO CALCULATE LICENSE FEE Individual license 1 truck @ $50 + 2 trucks at $25 — $100.00 Combination license 1 truck @ $75 + trucks at $25 — PROVIDE: V% $2,000.00 bond j Certificate of Insurance 1/ Rate Schedule SEVERSON,WILCOX& SHELDON, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW LARRY S.SEVERSON* KENNETH R.HALL JAMES F.SHELDON » 600 MIDWAY NATIONAL BANK BUILDING "'SCOTT D.JOHNSTON J. PATRICK WILCOX 7300 WEST 147TH STREET JOSEPH P.EARLEY MICHAEL G. DOUGHERTY APPLE VALLEY, MINNESOTA 55124 MICHAEL E. MOLENDA WREN M.SOLFEST " (612) 432-3136 CHRISTINE M. SCOTILW ANNETTE M. MARGARIT TELEFAX NUMBER 432-3780 DANIEL M. SHERIDAN ALSO LICENSED IN IOWA "ALSO LICENSED IN WISCONSIN OF COUNSEL: ...ALSO LICENSED IN NEBRASKA JOHN E.VUKELICH March 13 , 1991 Mr. Tom Hedges City Administrator Eagan City Hall 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: City of Eagan v. David Constable, R.L. Johnson Investment Company, Inc. Court File No. T8-90-68704 & TX-90-68705 Dear Tom: This letter summarizes the status of the above-referenced matter. On June 15, 1990, Shannon Tyree, Zoning Administrator, with assistance from Joe Earley of our office, issued citations to David Constable/R.L. Johnson Investment Company, Inc. (R.L. Johnson) for (1) violation of Eagan Code Section 11. 10 Subd. 20.C, which prohibits a fence over six feet high and (2) violation of Eagan Code Section 11.20 Subd. 16C.5, allowing open storage without a conditional use permit. This matter was scheduled for jury trial on March 11, 1990. While in Judge Hopper's chambers before trial was to begin on March 11, defendants' attorney, Mr. Gary Persian, indicated that a formal complaint had been issued in this case. According to Mr. Persian, his client, while making his first court appearance, had requested a formal complaint. Defendants in criminal actions often ask for a formal complaint to make the prosecution flesh out the facts supporting a citation that has been issued. It appears that the court clerks, seeing "City of Eagan" as the municipality in which the offense occurred, sent defendants' request for a formal complaint to the office of Grannis, Grannis, Hauge, Eide, Anderson & Keller. A formal complaint drafted by Kevin Eide, of that law firm, is in the court file. Not having received the request for a formal complaint, nor having received a copy, we did not know a formal complaint existed until the morning of trial. Page 2 March 13, 1991 Letter to T. Hedges Unfortunately, the formal complaint named Mr. Dave Constable as the sole defendant with no reference to R.L. Johnson Investment Company as written on the citation. My examination of the City's documents and conversations with Jim Sturm, City Planner, indicate that the City could not prove beyond a reasonable doubt that Mr. Constable was the person in violation of Section 11.20, Subd. 16C. 5 prohibiting using the subject property for open storage. The person intending to use the property for a wrongful purpose would be the landlord/property owner, R.L. Johnson. All contacts the City has had with Mr. Constable indicate he is an employee or representative of R.L. Johnson but we have no information as to his exact relationship with the owner. I do not believe the City's goals will be achieved by attempting to convict Mr. Constable, but rather to require R.L. Johnson to take the fence down. We had no evidence that Mr. Constable is the decision-making person in that corporate body with the authority to remove the fence. For these reasons, I determined that proceeding with trial on March 11 against only Dave Constable would be fruitless and would likely be dismissed by the Court. The case was transferred to Judge Harvey Holton. Before Judge Holton, I moved to amend the City's complaint to add R.L. Johnson as a second defendant or to dismiss the current complaint and permit us to prepare a new complaint naming both Mr. Constable and R.L. Johnson as defendants. Mr. Persian objected that he was not prepared to defend R.L. Johnson at trial, but he was agreeable to dismissing the current complaint and permitting us to issue a new complaint. Judge Holton granted our motion and dismissed the current complaint. I will prepare a new complaint adding R.L. Johnson as a defendant. Serving a new complaint, however, necessitates that the judicial process begin again with the first appearance of the defendants. We will do everything possible to expedite the placement of the case on the court's pre-trial calendar and jury trial calendar, so that the judicial process is not overly delayed. In no event, however, can this process be accomplished before the City Council's scheduled March 19, 1991 review of defendants' application for a conditional use permit. Page 3 March 13, 1991 Letter to T. Hedges We will pursue criminal proceedings in this case unless you advise otherwise. We would like the opportunity to sit down with you and the Department heads to determine how you would like future zoning violations prosecuted. Please do not hesitate to contact me if you have any questions or concerns. Very truly yours, SEV/ERSON, WILCOX & SHELDON, P.A. / / I' Annette M. Margarit Eagan Assistant City Attorney AMM:kad cc: Dale Runkle Jim Sturm Shannon Tyree Jim Sheldon ti • MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan,Minnesota March 5, 1991 A regular meeting of the Eagan City Council was held on Tuesday, March 5, 1991, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers 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. The following ll o owing changes were recommended to the agenda for the March 5, 1991, regular City Council meeting: Item J, Consent Agenda, Development Agreement and Cooperation Agreement with Dakota County HRA regarding Senior Housing/Health Center Addition, remove from Consent Agenda for discussion. Item S, Consent Agenda,Final Plat, Coventry Pass 3rd Addition,request to continue to the March 19, 1991 regular City Council meeting. Pawlenty moved,McCrea seconded,a motion to approve the agenda for the March 5,1991 regular City Council meeting as amended. Aye: 5 Nay: 0 5 Councilmember Pawlenty recommended the following addition to the February 19, 1991, regular City Council minutes: Page 7, paragraph 2, first sentence, add the word "currently" between the words "could" and "open." Wachter moved,Gustafson seconded a motion to approve the minutes of the February 19,1991,regular City Council meeting as amended. Aye: 5 Nay: 0 Mayor Egan recognized the achievements of Ron Meyers,Eagan Volunteer Firefighter,who has been named Minnesota Fire Safety Educator of the Year, and Mike Reardon, Cable Coordinator, who has been elected President of MACTA. IVONBURTAAGENSV In regard to Item M,Project 603,Wilderness Run Road-Upgrade, Mayor Egan asked the Director of Public Works how many properties that abut this improvement would be assessable. Mr. Colbert said the feasibility report would indicate the method of financing including assessment or State aid funds. Mayor Egan asked if it was likely 100 percent would be paid through State aid funds. Mr. Colbert said other than some possible assessments and obligations of adjacent park property as well as some outlots that haven't been developed, funds would have to come from the Major Street Fund. The Council then discussed Item F, Resolution, Dakota County Solid Waste Management Strategy. Councilmember Pawlenty said he had spoken to Terry Davis, a member of the City's Solid Waste Abatement Commission and the Dakota County Citizens Against Burning,regarding the City Council's decision to reiterate an earlier resolution concerning the Dakota County burn facility. In light of Governor Carlson's recent news release regarding incineration, Councilmember Pawlenty said that Mr. Davis had suggested the City Council A Page 2/EAGAN CITY COUNCIL MINUTES March 5, 1991 endorse or otherwise encourage the Governor's initiative or the Legislature's efforts to consider a temporary or permanent moratorium on incineration in general. The Councilmember said that the Attorney General had since issued an opinions that the Governor does not have the authority to issue a moratorium in this regard, but the Legislature and perhaps the Minnesota Pollution Control Agency,do. The Councilmember suggested the City Council look at alternate approaches to the incineration issue rather than the resolution included with Item F. He said the Count:il could look at the resolution Mr.Davis had offered or at least consider incorporating some of its points into the existing resolution. Mr.Terr7 Davis of 4895 Safari Pass said he was suggesting a different approach as a result of the press release issued by Governor Carlson. He said it allowed the City to take a more positive approach and leadership role with regard tp supporting the Governor's concepts of managing solid waste, directing the attention more to alternatives to hncineration, and encouraging the Legislature to declare a moratorium on incineration. Mr. Davis said this action would reinforce the perception of the City as a leader in this area. He said if it could be done in a positives manner, it would encourage other cities to do the same. Councils ember Wachter said as an advocate of recycling,he did not feel comfortable telling the County to do whatever *vas necessary and perhaps the City should come out with an opinion before spending $147,000,000 on the incinerator. After discussing support for the resolution, Councilmember Gustafson said that he was not in favor of incinerators but Was uncomfortable with the statement that incinerators shall be banned. Councilmember Pawlenty said while he respected that point,the reference in the resolution to a moratorium was rather general. He said there halve been proposals of a temporary moratorium to study the issue for one or two years, a permanent moratorium and a moratorium on everything except certain items. Councilmember Gustafson said he would be in support of language to support the Governor's decision on the issue of incineration, but would feel uncomfortable putting the City in the position of saying a burn facility shall never occur. Councilmember McCrea said Eagftn should take a strong leadership. She said the City did not have the authority to stop the burn facility from!being built, but could express only the City's position on such a facility. Mayor Egan said referring the resolution to staff should resolve such issues and refine it to the point where it's acceptable to the entire Council. Councilmember Pawlenty asked that before a final vote is taken at the next meeting, that background on the moratorium debate be provided to the Council, including the pros and cons of such a moratorium. Pawlenty moved, Wachter seconded a motion to continue Consent Agenda Item F, "Resolution for Dakota County Solid Waste Management Strategy," to the March 19, 1991 regular City Council meeting with direction to staff that the resolution be restated to incorporate the points presented in the proposed draft resolution provided by Terry Davis (see Exhibit A). Aye: 5 Nay. 0 A. Personnel Items 1. It was recommended that the bargaining agreement settlement with the Police Association for the 1990/1991 contract be approved. 2. It was recommended that the updated City of Eagan Affirmative Action Plan be submitted to the State of Minnesota Department of Human Rights for recertification. 3. It wash recommended that the Hepatitis B provision agreement between the City of Eagan and City of Bloomington be approved. Page 3/EAGAN CITY COUNCIL MINUTES March 5, 1991 B. Proclamation. National Telecommunications Week.April 14-20. 1991 It was recommended that the resolution designating the week of April 14-20, 1991, as National Telecommunications Week be approved. C. Plumbers License It was recommended that the plumbers licenses be approved as presented. D. License.Tree Maintenance Contractor It was recommended that the tree maintenance contractor license for S & S Tree Specialists, Inc., be approved for 1991. E. MASAC Alternate Representatives It was recommended that Larry Alderks and Jon Hohenstein be appointed as the City's MASAC Alternate Representatives for 1991 and to serve until appointment of their successors in 1992. F. Resolution.Dakota County Solid Waste Management Strategy It was recommended that the resolution concerning Dakota County's solid waste management strategy be continued to the March 19, 1991 regular City Council meeting with direction to staff that the resolution be restated to incorporate the points presented in the proposed draft resolution provided by Terry Davis. G. Eagan Flag Donation/League of Minnesota Cities It was recommended that the donation of an Eagan City flag to the League of Minnesota Cities be approved. H. Consideration of Negotiated Transfer of Park Property/Section 13 It was recommended that the negotiated transfer of park property be approved and the execution of the quit claim deed be authorized. I. Ratification. 1991 General Fund Budget Adjustments It was recommended that the 1991 General Fund budget adjustments be ratified as presented. J. Development Agreement and Cooperation Agreement with Dakota County HRA Regarding Senior Housing/Park Center Addition It was recommended that this item,Development Agreement and Cooperation Agreement with Dakota County HRA Regarding Senior Housing/Park Center Addition be moved to the first item of Old Business for further discussion. K. Vacate Utility Easement.Receive Petition/Order Public Hearing.Lot 27,Block 3 Eagandale Center Industrial Park #4) It was recommended that the petition be received and a public hearing ordered to be held April 32, 1991, to consider the vacation of a utility easement for Lot 27, Block 3, Eagandale Center Industrial Park #4. Page 4/EAGAN CITY COUNCIL MINUTES March 5,1991 L. Project 589R. Authorize Revision to Feasibility Report and New Public Hearing (Elrene Road & Trails End Road t Streets and Utilities) It was recommended that the preparation of a revised feasibility report for Project 589R (Elrene road and Trails End Rpad - Streets & Utilities) be authorized. M. Projeict 603.Authorize Feasibility Report (Wilderness Run Road -Upgrade) It was recommended that preparation of a feasibility report be authorized for Project 603 (East Wilderness Run Load - Upgrade). N. Project 608.Authorize Feasibility Report (Eagandale Center Industrial Park #3 & #4- Overlay). It was recommended that preparation of a feasibility report be authorized for Project 608 (Eagandale Center Industrial Park #3 & #4 - Overlay). O. Project 566.Present Final Assessment Roll/Order Public Hearing(Coventry Pass Addition-Trunk Sanitary & Storm)Sewer) It was recommended that the final assessment roll for Project 566 (Coventry Pass Addition - Trunk Sanitary& Storm Sewer) be received and the public hearing ordered to be held April 2, 1991. P. Project 610. Receive Petition/Authorize Feasibility Report and Detailed Plans and Specifications (Oaks of Bridgeviater 2nd Addition - Streets & Utilities) It was recommended that the petition for Project 610 (Oaks of Bridgewater 2nd Addition - Streets & Utilities)be received and the preparation of a feasibility report and detailed plans and specifications authorized. Q. Contract 90-13. Approve Plans/Authorize Advertisement for Bids (Water Ouality Pond JP-67 & Effress Addition • Storm Sewer) It was recommended that the plans for Contract 90-13(Water Quality Pond JP-67&Effress Addition- Storm Sewer)be approved and the advertisement for a bid opening authorized to be held at 10:00 a.m.,March 28, 1991. R. Project 89-DD.Acknowledge Completion/Authorize City Maintenance(Woodlands 3rd Addition- Streets & Utilities) It was recommended that the completion of Project 89-DD (Woodlands 3rd Addition - Streets & Utilities)be acknowledged and the initiation of City maintenance be authorized subject to appropriate warranty provisions. S. Final Plat. Coventry Pass 3rd Addition It was recommended that the final plat for Coventry Pass 3rd Addition be continued indefinitely. With the removal of Item J,Development Agreement and Cooperation Agreement with Dakota County HRA Regarding Senior Hopcing/Park Center Addition, to the first item of Old Business, Wachter moved, Gustafson seconded a motion to approve the remainder of the Consent Agenda. Aye: 5 Nay: 0 Page 5/EAGAN CITY COUNCIL MINUTES March 5, 1991 c FINAL ASSESSMENT HEARING/CRAY ADDITION Mayor Egan introduced this item as Project 571, Final Assessment Hearing (Cray Addition - Trunk Storm Sewer). City Administrator Hedges said that all information had been sent to Cray Research and no concerns had been expressed by Cray regarding the assessments for this project. Mayor Egan added that this was a developer requested project,costs were in keeping with those estimated in the feasibility report and there was no one in the audience to address the issue. Gustafson moved, McCrea seconded a motion to close the public hearing and approve the final assessment roll for Project 571, Cray Addition - Trunk Storm Sewer and authorize its certification to Dakota County. Aye: 5 Nay: 0 0140..BUSINESS CONSENT AGENDA/ITEM J/AGREEMENTS DAKOTA COUNTY HRA SENIOR HOUSING Mayor Egan introduced this item as Development Agreement and Cooperation Agreement with Dakota County HRA Regarding the Senior Housing/Park Center Addition. City Administrator Hedges apologized that this item was included with the Consent Agenda when additional discussion would be needed regarding a policy question relating to the application, processing and development fees for the senior housing project. The City Administrator said consideration of this item could be divided into two areas having to do with: 1) the agreements relative to the City's senior housing project and 2) a waiver of all or part of the fees normally associated with a development. Mr.Hedges noted that the$1,000,000 being contributed by the City toward this project, is being funded through a single-family mortgage bond issue of 1980. City Administrator Hedges said there had been a request to waive all or part of the application, processing and development fees for the senior homing project. He said there had been a concern that the park dedication fees not be waived if park dedication fees earmarked for senior needs could not be collected. He said staff members from Community Development and Parks& Recreation would be meeting with Mark Ulfers of the HRA to discuss how the congregate care portion of the senior homing project would provide senior activity for other seniors in the community. He said staff is confident that the facility's design will satisfy the needs of the park dedication. The City Administrator then addressed the water quality fees. He said those fees had already been satisfied through the planning process with the subdivision adjacent to the senior housing. He said the fees being proposed to be waived are the platting fees or the City fees normally collected with a development. Mr.Hedges said the out-of-pocket fees, such as SAC, WAC, or any kind of building permit surcharge for the State of Minnesota, would become a project expense against the project as would all public improvements. The City Administrator said such an approach would be consistent with other City-owned buildings,such as a fire station, water treatment facility, etc. • Councilmember McCrea asked the City Attorney,since the City was dealing with another government entity,whether there might be some controversy or legal questions regarding the waiver of fees from a project development standpoint. The City Attorney said he could not rule out any controversy, however, the City Council would have no difficulty waiving fees that go to the City. Councilmember McCrea then asked about preferential treatment being given to Eagan residents and Eagan senior citizens in admission to the senior housing facility. The Director of Community Development said Page 6/EAGAN CITY COUNCIL MINUTES March 5,11991 that with respect tb 25 of the rental units,Eagan residents would be given a preference and priority of placement in the project. He added that with respect to the remaining 40 rental units, Dakota County residents would be given a preferenc$ and priority of placement. Councilmember McCrea asked why it could not be 100 percent for Eagan residents. Director of Community Development Runkle said that since the City is looking to the Dakota County HRA for funding, certain allowances would appropriately be made for other Dakota County residents. Mayor Egan asked Mark Ulfers of the HRA what percentage of those in the Lakeville senior housing facility were Lakejville residents. Mr. Ulfers said almost all were Lakeville residents or parents of Lakeville residents. Mayor{Egan asked if there would be a problem with the HRA if the City of Eagan attempted to do something similar, Mr. Ulfers said they were only attempting to recognize the funding sources and since one was a County-wide source and one was a City source, the percentages were based on those proportions. Mr. Ulfers added that be was confident that Eagan residents and the parents of Eagan residents would be the prime beneficiaries of this facility. Councilmember McCrea asked if time of residency had been considered as a criteria. Mr. Ulfers said current status is the only consideration, however, people moving to the area to be eligible for residency has not been a problem in the past. Councilmember McCrea asked Mr. Ulfers if the Lakeville facility was 100 percent occupied at the time of completion. Mr. Ulfers said yes and while Lakeville is a smaller and older community, they expect a similar situation in Eagan. Mr. Ulfers said for Council's information, 119 senior households have contacted the HRA already regarding this project. City Administrator Hedges said that a waiver of certain City fees have been requested because the HRA has always been considered an arm of the City. Mayor Egan asked Director of Community Development Runkle for the total amount of fees requested for waiver and was told it amounted to perhaps $2,000. McCrea moved, Gustafson seconded a motion to approve the development agreement by and between the City of Eagan and the Dakota County HRA relative to the Senior Housing Project,Park Center Addition. Aye: 5 Nay: 0 McCrea moved,Wachter seconded a motion to approve the cooperation agreement by and between the City of Eagan and the Dakota County HRA relative to the same matter. Aye: 5 Nay: 0 McCrea moved, Gustafson seconded a motion to waive those application,processing and development fees for the senior housing project as recommended. Aye: 5 Nay: 0 Mr. Mark Ulfers said he appreciated the commitment the City was making to the project. He said it was an excellent project and the HRA looks forward to working with the City on it. O )USINE PRELIMINARY PLAT EXTENSION/DOPPLER ADDITION Mayor Egan introduced this item as an extension of the preliminary plat for the Poppler Addition. City Administrator Hedges said staff had reviewed the request for extension and pointed out that Mr.Rollie Crawford was in the audience to represent the Poppler family. Director of Community Development Runkle said that the request before the Council was a preliminary plat extension. He said it was originally approved on January 16, 1990 with such approval valid for one year. Mr. Runkle said City staff had met and reviewed the application and suggested the addition of Condition H1, which requires that "All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action." Mr. Rollie Crawford, of Levander, Gillen & Miller, spoke on behalf of the Poppler family. Mr. Crawford said the preliminary plat for the Poppler Addition had been approved but the property had not been .y. Page 7/EAGAN CITY COUNCIL MINUTES March 5, 1991 final platted because of the City's financial conditions of approval. He said the City was asking for a number of things including the dedication of an easement not on the property being platted but on property previously platted across the street. He said they understood the necessity for a wider easement in order to properly maintain the sewer. Mr.Crawford said the City was also asking for a ponding easement for Lemay lake on the previously platted property as well as on the property to be platted now. In addition, he said the City had requested a ponding easement for the storm water system on the platted property. Mr.Crawford said the area taken up by the pond is the equivalent of one lot. He said this pond serves a very large area in the City's storm water drainage and added that the City is getting,if it is platted as a part of the plat in question,the equivalent of one City lot with a value to the Popplers of approximately$30,000. In addition,if there were a formal taking, the cost of easements not on the property being platted could be as much as$8000-$9000 for the storm sewer widening and perhaps as much as $4000 for the ponding easement area. He said the Popplers were willing to convey those easements, not as part of the platting because it isn't part of the plat,by legal document in return for an agreement to delete some of the assessments. Mr. Crawford said they disagree with some of the assessments as they believe they have been paid previously. The remaining$4700 in assessments for a area trunk storm sewer assessment, should more than offset by the large ponding area worth $30,000 being dedicated as part of the City's storm water system. Mr. Crawford asked that the City Council vary the normal platting procedures which would impose those requirements as well as the imposition of$2300 in park and trail fees. Mr.Crawford said the property being dedicated by Lemay Lake under an easement there is park and open space and ponding area. He said this was a very small subdivision of one or two lots and the Popplers would like the preliminary plat to be extended with an agreement being entered into that would allow the plat to move forward. Mayor Egan said it appeared to come down to the financial issue and credit for off-site easement acquisitions. Mr.Crawford said there were two concerns about assessments in the amounts of$1,380 and$4,408. Mayor Egan asked the City Attorney about the legality of giving credit to a developer for easements granted for off-site property. The City Attorney said it was not prohibited. Mr.Crawford said that the Popplers believe they have paid their assessments,however,he agreed the records for some of these projects were very old. He went on to say that the cost of investigating and determining whether the assessments had been paid and then contesting that fording, if necessary, would exceed the amount of the assessments. He appealed to the City Council to waive the assessments. Mayor Egan asked that staff research the assessment payments. Councilmember Gustafson questioned why the applicant,who owes the City$6,788 in assessments,would be willing to trade what sounded like$44,000 in easements for that amount. Mr.Crawford said that the ponding area was equivalent in value to a City lot, however, they were not making a claim for that amount but would rather have the issue resolved and the property final platted. Councilmember McCrea said she would not support such a proposal on a routine basis or waive any kind of fees for easement dedications; however, considering the history of this property, in this case she felt it was justified. Councilmember Gustafson said it was not a practice of the City to "waive" such fees and perhaps a "trade" would be more appropriate. Councilmember Gustafson then asked the City Attorney whether it was standard practice or a permissible practice when considering a plat extension to make an easement on previously platted property a condition of approval. City Attorney Sheldon said it was unusual to require something on previously platted property, however, this property was all under one ownership at one time. Councilmember Wachter then asked how much area drained into the pond on the Poppler property and asked whether it was runoff from considerably more area than just the Poppler property. Director of Public Works Colbert said that while he could not give a definitive answer,the area is relatively small and the pond has no outlet to Lemay Lake. Mayor Egan asked if it was ever designed to have an outlet to Lemay Lake and Mr. Colbert said that the comprehensive storm sewer plan does show that eventually there could be an outlet, however, from a water quality standpoint it is something they would try to discourage. City Councilmember Wachter then asked what value the ponding area had to the overall plan. Mr. Colbert said it was identified in the Master Plan,however,it was not incorporated into the City's existing storm sewer system. Mr.Colbert went on to add that it would not be incorporated unless it became absolutely necessary. Page 8/EAGAN CITY COUNCIL MINUTES March 5,1991 Mayor Egan said he had personally been involved in attempting to resolve the issues surrounding this property but beca4lse the property was platted in 1962, it is very difficult to identify payment of costs. Mayor Egan said that because of that,he felt it was a unique situation and rather than a waiver,it could be considered an exchange of fees for easements on previously platted property. Councilmember Gustafson said he would concur with an exchange of property easements for assessment fees. Councilmember Pawlenty asked that City Attorney Sheldon reflect this discussion when he worked out the agreements with the Popplers. He said it should be made clear that this was not a waiver,but rather the City trading fees for easements that are needed by the City. Councilmember Pawlenty said the City also needed to be mindful of an additional condition which stated,"Staff is ba$ically in agreement with the applicant in that a 24 foot wide street could be constructed over the existing 20 foot wide driveway by adding curbing and doing an overlay if the subgrade is capable of supporting it. A storm sewer is necessary,however,only a small amount may be needed depending on how the street grades are designed. Staff also feels that detailed plan specifications, along with verification of the subgrade,is necessary before the construction begins." Mr.Crawford said the applicant was in concurrence with this condition. The City,Attorney said that before Council took action, he would suggest that they not extend the preliminary plat until they had an agreement in hand for review. Gustafson moved, McCrea seconded a motion to continue consideration of an extension of the preliminary plat for the Poppler Homestead 2nd Addition indefinitely with instructions to staff to work out an appropriate agreement with the applicant to be returned to the City Council at the next available City Council meeting for approval. Aye: 5 Nay: 0 SENECA PLANT DEVELOPMENT AGREEMENT ODOR CONTROL SCHEDULE REVISION Mayor Egan introduced this item as Consideration of the Seneca Plant Development Agreement, Proposed Revision to Schedule Regarding Incinerator Odor Control Improvements. City Administrator Hedges said the City Council, staff and members of the community had worked on the most recent mediation process concerning incinerator odor control improvements at the Seneca Plant and now another issue had presented itself to the City. Mr. Hedges said the Metropolitan Waste Control Commission had approached the City regarding a delay in the actual installation and operation of the odor control equipment proposed for Seneca. He said the question proposed to the City was whether they would consider an extension to the October 1, 1991 schedule as called for in the agreement. When this was proposed to the City, Mr. Hedges said that questions arose as to what the changes would mean and whether they were for the betterment of the project or the community. He said there is tremendous apprehension in delaying,particularly if it would be delayed another year or through the summer when] odor problems are more noticeable. At the time, the MWCC stated they would prepare a letter for review 1#y the City. Mr. Hedges said the letter was received and it was reviewed by the odor control committee and thy have raised a number of concerns,especially in regard to a delay to the October 1 deadline, because it has been an understanding since the agreement was exercised. He said City staff had been involved and a consultant l}as been used to evaluate any changes proposed to the system. Mr.Hedges said the proposed system improvements seemed good for the project,but the delay has been at issue. City Administrator Hedges said that he,Mayor Egan,Director of Community Development Runkle,and Senior Planner Misty Marvin had met earlier in the day with the Acting Chairman of the MWCC. He said this meeting was coordinated by Metropolitan Council Representative Margaret Schreiner, and they had discussed what mitigating measures could be taken pertinent to the delay and what the improvements meant to the project Page 9/EAGAN CITY COUNCIL MINUTES March 5, 1991 and the City and what types of mitigating measures could be taken to attempt to accelerate the improvements without presenting a dilemma to the neighbors as well as the City. Mayor Egan said he could not thank Margaret Schreiner enough for coordinating the meeting. He said the purpose of scheduling the meeting was the apparent lack of communication with the MWCC. He said the City had been asked to attend a meeting on January 14 without knowing the topic of the meeting. He said it was at that time they learned of the proposed change in the time sequence and a change in the methodology for the odor control systems at the Seneca Plant. Due to those changes, the MWCC said they could not meet the October 1 deadline and may need considerably more time, possibly to the end of 1992. He said the MWCC requested that they not be required to meet the completion of all odor control procedures until that time. Mayor Egan said the City requested that the MWCC draft a letter to that effect and it appears that is where communications broke down. Mayor Egan said they had advised the MWCC that this issue would be placed on this evening's agenda and they asked why that would be necessary. The Mayor informed them that there is an agreement between the City of Eagan and the MWCC and the contract very clearly states that all odor control measures would be completed by the first of October, 1991 and if the deadline were not met,they would be in default. Mayor Egan said he had spoken with a number of the neighbors and said they may have some concerns to express as well as suggestions regarding an accelerated construction schedule, including some double shifts or pre-purchase of some of the equipment. Mr.Harold Vogt,a project manager with the MWCC,said that the draft letter that had been referred to earlier had now been updated(see Exhibit B). He said the letter outlined the development that had occurred over the last twelve months that had resulted in delays. He said the letter also identifies what can be done to mitigate that delay. Mr.Vogt said the MWCC is committed to look at two areas: 1)schedule acceleration and 2) pre-purchase of major equipment. He said they have pre-purchased some of the major pieces of equipment and they are also asking the manufacturer to accelerate the filling of their order. He said when the contracts are let for construction, they will then look at contractor clauses and incentives including double-shifting. He said they will take an additional look at the operation of incinerators to see if there are operational enhancements that they can incorporate prior to October 1 and possibly incorporate modifications to mitigate the impact of the odors. Mayor Egan said that Gordon Voss, the Administrative Director of the MWCC,has admitted that the MWCC bargained on a system that came before they had received input from their engineering staff. Mayor Egan said the MWCC also admitted a default exists,but Charlie Weaver,the Acting Chair of the MWCC,stated that in his opinion, there was no room for the City to negotiate. Mayor Egan said the City Council would have to consider what is being proposed to the City and what approach to take in regard to the October 1 deadline. Councilmember Gustafson asked if an amendment was not approve, what it would do to the overall agreement. Mayor Egan said the MWCC was not asking for an amendment, but wanted a variance without a formal amendment. Councilmember Gustafson then asked if the City did nothing and the deadline passed,what would occur? City Administrator Hedges said if a change to the agreement was not treated like an amendment and the October 1, 1991 deadline passed, the City's ability to enforce the agreement would be weakened. City Attorney Sheldon said that the City has a development contract with the MWCC and if the MWCC was asking for changes in the development agreement, the changes should be submitted to the City Council as an amendment so they could deal with specifics. Mayor Egan then opened the discussion to the public. Ms.Betty Bassett said the neighbors had no objection to a difference in equipment,but they did object to delaying the installation of odor controlling equipment until 1992 or 1993. She said this would constitute breaking the development agreement and if it were allowed,it would set a precedent. She said if the MWCC felt they could break agreements as it suited them,it would present a major problem. Ms.Bassett said it would Page 10/EAGAN CITY COUNCIL MINUTES March 5,1991 be too much to ask of the neighbors and the surrounding businesses to put up with two more summers of the smell associated with the Seneca Plant. She said they have been patient, but pointed out that the City Council has the power to ¢nforce the agreement. Ms. Bea l lomquist then spoke on behalf of the Chamber of Commerce and pointed out the effect the Seneca Plant has con businesses in Eagan. She said the Chamber of Commerce had not had the opportunity to review the design Changes,however,the Chamber remains solidly behind the development agreement and is not anxious to see it dhanged. She said there is no doubt the MWCC is proposing what appeared to be a better design, however, tie City is not going to get a timely product. She said there was no reason to give in to the delay and encouraged the City Council to do whatever it took to speed up the process. Mr. Al Ahrens, 2133 Silver Bell Road, said the MWCC's letter had upset him. He asked why the MWCC was just now checking out the centrifuge system when it was not a new design and had been used in Canada for a numiber of years. He then asked if the time limit for installation of a centrifuge system were ten months, why they!stated in their January letter that they could not meet the October 1 deadline. Mr.Ahrens said the MWCC sf gned the agreement and he asked that they stick to it. Mary Rainnarine,3785 Nicols Road,said the neighbors have waited too long and asked that the MWCC meet the deadlinds. She said the residents had worked in good faith with the City and the MWCC on the agreement and asked that there be no delay. Mr.Harold Vogt of the MWCC then wished to point out that when one looks at the Seneca Plant,they are actually looking at three areas of odor control. He said odor control with liquid expansion is under construction and still on schedule, the solids' handling is done through incinerator odor control, and the building odor control is also still on schedule. He pointed out that the delay being discussed was in regard to the incinerator odor control only. Mr. Phillip Johnson,2113 Wuthering Heights Road, said that allowing a schedule to slip is sometimes done as an economic measure. He pointed out, however, that any agency that takes a delay as an economic measure is makin a mistake. Mr. John!Wesley, of 1747 Bluebell Drive, said he wished to take a different perspective. He said the City now had the!opportunity to stop an incinerator. Mr. Wesley said that incinerators import two problems: 1)the discharge of smokestack and hazardous materials and 2) thousands of yards of ash that are left over from the incineration. )-Ie said that presently ten tons of this ash are being dumped per day into the wetlands of the Fort Snelling State Park. Mr. Wesley said he would prefer that the City Council seek other alternatives to incineration and would like them to direct staff to work with the Minnesota Pollution Control Agency on alternatives. He Said the City should take a proactive approach. Mayor TCm Egan then closed the public testimony and returned the discussion to the City Council. The Mayor asked Mr.>Vogt how the MWCC planned to incorporate some of the ideas for acceleration. Mr. Vogt said the issue could not be resolved at this meeting, however, once they have contracts with completion dates issued,they could pursue options for acceleration. In addition,he said when they prepare the specifications for actual construction,they can include incentive clauses such as double shifting,etc. However,Mr.Vogt pointed out that until the!contracts are ready for award, they will not know how much time can be saved. Councilntember Pawlenty said he had additional concerns and encouraged direction to City Attorney Sheldon to outline options from a legal and practical standpoint. The City Councilmember then asked that the MWCC simultaneously come forward with their best proposal. Page 11/EAGAN CITY COUNCIL MINUTES March 5, 1991 Councilmember Wachter asked if there wasn't something MWCC could do as a stop gap measure to hold down the odors. He asked if those measures could be pursued and any temporary solutions presented to the City Council. Mayor Egan said the use of after-burners had been discussed as a stop gap measure. Mr. Vogt said the MWCC would look into any operating modification to implement odor control. The after-burner process cannot be duplicated but they can replicate the conditions. Mr.Vogt added that he did not know how effective it would be but it would be investigated. Councilmember Wachter said the product he was referring to was not an after-burner but was a chemical that could be applied to sludge. Mr.Vogt said he would be happy to research the issue. Councilmember Gustafson said that a great deal of time had been invested in putting together a substantive agreement. He pointed out the legal ramifications of a suit against the MWCC as all their funds also come out of the taxpayers' pockets. The Councilmember suggested that no amendment be approved but the MWCC come back with their best proposal. He said someone had to take responsibility. Mayor Egan said there seemed to be a consensus. He said it would probably come down to City Attorney Sheldon's interpretation of the City's rights and remedies under the contract,the recommendations of the technical engineering staff both in-house and from the Metcalf and Eddy firm,and any proposals from Mr. Vogt and his staff as to what the MWCC staff is capable of doing and what is feasible. The Mayor said the entire process will also have to involve the neighbors. Councilmember Pawlenty recommended that the City keep track of the amount of time and City Attorney's costs that are going to accrue to the City because of the MWCC's failure. He said he did not think the City should have to bear the cost of this problem. Mayor Egan said that when he and staff attended the meeting this afternoon, they found that the MWCC is withholding payment of certain fees to the City because they believe the City is "double dipping" or charging them for expenditures that are unwarranted and unjustified,all without regard to the problems they are causing the City. McCrea moved, Wachter seconded a motion to continue until the April 2, 1991 regular City Council meeting consideration of an amendment to the Seneca Development Agreement with direction that staff work with the MWCC and that the City Attorney investigate all available remedies,their approximate costs and long- term affects. Councilmember McCrea recommended that staff look into additional products and the use of after- burners at the Seneca Plant. She asked that the City continue to document costs so that if an amendment is made to the development agreement for Seneca it would only be done if all costs to the City were fully compensated. Councilmember Pawlenty asked that the City Attorney investigate all practical considerations with each remedy as well as the legal. Mayor Egan said that some of the remedies may be at odds with the City's allies on this issue and recommended that staff investigate the technical solutions as well. Aye: 5 Nay: 0 CITY CODE AMENDMENT/PAWN SHOP REGULATION AND LICENSING Mayor Egan introduced this item as an amendment to the ordinance, Chapter 6, "Other Business Regulation and Licensing,"Section 6.44"Pawn Shops." City Administrator Hedges said that the City Council had requested that staff prepare regulatory language in the City Code regarding pawn shops. He said amendments had been prepared and reviewed at a previous City Council meeting,however,due to additional cities preparing similar ordinances,the City Council continued the item to allow the City Attorney,Police Department and staff to do additional research. City Administrator Hedges said that while discussion of the ordinance is appropriate, it may be necessary to continue any ratification or final action on the ordinance to a later date. He said the reasons for that are the licensing aspects as well as the zoning/land use part of the formula as to what businesses or business districts within the community should be allowed to have a permitted use or conditional use. Mr. Hedges said that action could be taken on the licensing provisions and the zoning ordinance taken up at the Advisory Planning Commission to bring back to the City Council at a later date for ratification. Mr.Hedges said . Page 12/EAGAN CITY COUNCIL MINUTES March 5, 1.991 that the Director f Community Development had informed him that the item could be on the March Planning Commission agenda and then back to the City Council for the first meeting in April. Chief of police Pat Geagan said that one of the concerns the Police Department has is how to capture the costs related tp this issue. Chief Geagan said he did not know how the staff had arrived at the figure of $1,500 for a licensing fee,however,he said the Council should know how much time would be involved with this type of business. If the operation is well run well and is strictly regulated, it will cost the police department approximately$8,000 per year,or the equivalent of$19 per hour for one policeman,one day per week,per pawn shop. Chief Geagan said that some shops will probably take more than the eight hours and some will take less. He said there is a tremendous amount of work that goes into regulating a pawn shop and that is one of his primary concerns. Chief Geagan said one of the Councilmembers had a concern at a previous meeting regarding the period for redeeming merchandise. He said that St.Paul has a 90 day initial period and then a 30 day grace period for a total of 120 days to redeem merchandise. He said that is what is being recommended in Eagan's ordinance. He said generally,people who use pawn shops are hard up for cash and if they do have a redeemable object it will probably take them awhile to put the money together to get it back. Chief Geagan said that St. Paul has about an 80% redeemable rate on the merchandise taken in at one store. After discussion of how pawn shops work, Councilmember McCrea said she was pleased that part of the investigation requires that an applicant submit all businesses they have been involved in within the last five years as well as any business partnerships. Chief of Police Geagan said that investigations for a pawn shop license will be the same as that done for a liquor license. City Attorney Sheldon said that while the information required of an applicant is similar to that for a liquor license, the discretion is less than for a liquor license because of State statute. He said,in other words,if the applicant meets the requirements of the ordinance,they can have a license. He said that necessitates having the ordinance as thorough as possible including that which is not acceptable.` In response to a question from Councilmember McCrea,Chief Geagan said he thought the investigation fee of$350 was appropriate, however, the $1,500 license fee was still in question. Councilmember Gustafson expressed his concerns that because this business is a pawn shop that the City was presuming guilt. He said the credibility of the operator should not be brought into question because of the quality of their customers. He acknowledged the very real tendency for certain people to pawn that which does not belong to them. The Councilmember then discussed the appropriate licensing fee for this type of operation. He said the Police Department has indicated that the cost of regulating this type of business would be approximately $8,000 per year. The Councilmember said he did not know where a compromise would lie between the recommended $1,500 fee and th $8,000 in actual costs. Councilmember Wachter asked if it costs the City$8,000 to regulate the pawn shop b iness, how could they justify subsidizing this business. The Councilmember said if the City can substantiate at those are the actual costs,perhaps the licensing fee should be $8,000 per year. Councililiember Pawlenty asked City Attorney Sheldon if this application were similar to a conditional use permit wherd the applicant meets certain conditions and then is entitled to a permit. He asked if someone came in to the qty and applied for a pawn shop license and met all conditions of the ordinance, whether the City would be bqund to issue the license. City Attorney Sheldon then said this was a licensing ordinance and if the applicant net the requirements,they would be entitled to the license. The Councilmember asked the City Attorney if it waS within the City's authority to add a condition that the City Council could deny a license if, in their opinion, issuance of the license would endanger health, safety and welfare. The City Attorney said that Minnesota State,Statute 364 gives specific requirements about the types of occupational licenses that can be denied and this,ii fact,is an occupational license. He said the State has preempted the City Council in that area and said that occupational licenses can only be denied for violations of things relating specifically to the Page 13/EAGAN CITY COUNCIL MINUTES March 5, 1991 occupation itself. In light of the Statute,Mr.Sheldon said it would be difficult for the Council to make additional room to exercise more discretion. In answer to a further question, City Attorney Sheldon said the City would have to develop standards that they intend to apply to what in essence is a retail business. He said there are three issues: 1) the licensing, 2) the fees and 3) the zoning. He said the City's zoning code is set up to be a specified rather than an incorporated code. He said by that he meant if the City wanted a specific use in a specific zone,it would be enumerated in that zone. He went on to say that if the use was not enumerated,then the Council would have to make a determination as to what zone it belonged in based on the overall zoning code. Mr. Sheldon said it had been recommended that the City Council consider asking the Advisory Planning Commission to hold public hearings to determine which zone would be appropriate for this use. Director of Community Development Runkle said they were studying two issues. He said one would be the type of retail which would probably be a CSC or highest commercial district and the other is the question of outside storage. He said outside storage is not allowed in a CSC,so all merchandise would have to be stored within or off-site. After further discussion, Gustafson moved, Pawlenty seconded a motion to approve an ordinance amendment to Chapter 6 of the City Code, "Other Business Regulation and Licensing," Section 6.44, "Pawn Shops." Aye: 5 Nay: 0 Gustafson moved,Pawlenty seconded a motion to approve an investigation fee of$350 for a pawn shop license. Gustafson moved that the licensing fee for a pawn shop be set at $5,000 annually. This motion failed for lack of a second. McCrea moved,Wachter seconded a motion to approve a license fee of$8,000 for pawn shops per year with the provision that after one year's experience,staff would determine whether the fee was sufficient to cover the costs to the City associated with policing a pawn shop. Aye: 5 Nay: 0 Mr. Wayne Rixman said he and his son, Mr. Brad Rixman, had met with Chief Geagan regarding establishing an ordinance and at that time had asked the costs. He said Chief Geagan had said the costs were somewhat open so Mr.Rixman was surprised at the unusually high fee. Mr.Rixman said as in any business,the licensing costs are passed along to their customers and he pointed out that$8,000 had to be the highest licensing fee in the nation. Mr. Rixman said the clientele in Eagan would not be the same as in the inner city and said pawn shops do not create additional thefts but add an additional way of checking for thefts. Mr.Mike Maza,3638 Wmdtree Drive,said he did not intend to use the pawn shop and did not like the idea of taking an officer away from other duties one day each week. Mr. Brad Rixman said he wished to advise the Council that the property he would be operating from is commercial property and the taxes that are paid on that property are approximately$6,000 per year. He also said the Council would not find another pawn broker in the State who had gone to the Police Chief with a request to open a pawn shop in the City. He said the fees in other states range from $800-$1,500. Councilmember Pawlenty pointed out to Mr.Rixman that of the$6,000 he paid in property taxes,approximately $1,200 went to the City and of that amount, perhaps$200 would go toward the Police Department budget. Aye: 5 Nay: 0 Wachter moved, McCrea seconded a motion to direct the Advisory Planning Commission to hold a public hearing for the purpose of considering the zoning issues for the location of pawn shops. Aye: 5 Nay: 0 Page 14/EAGAN CITY COUNCIL MINUTES March 5, 1991 Councilmember McCrea indicated to the Chief of Police that she would be interested in seeing the entire file on any future applications for a pawn shop license. CONDITIONAL USE PERMIT/HAIR SALON DUCKWOOD ESTATES Mayor Egan introduced this item as a conditional use permit for Elizabeth Westbrook to allow a hair salon in an R-1 (single-family) district on Lot 12, Block 1, Duckwood Estates, located along Widgeon Way in the northeast quarter of Section 15. The City Administrator said the Advisory Planning Commission was recommending approval of this application with an additional condition to read as follows: 4) A handrail shall be added to the stairways that provide exterior access to the hair salon. Director of Community Development Runkle said that the application for a conditional use permit had come from Elizabeth Westbrook,a resident of Duckwood Estates. He said the Advisory Planning Commission had heard the item at their February 26 meeting and a question arose as to whether a hair salon would meet the requirements of the Duckwood Estates covenants and restrictions. The APC determined that the issue should be judged on the merits of the zoning ordinance only and had recommended approval. Mr.Patrick Grinde,3529 Widgeon Way, said his property would be adversely affected by the approval of the conditional use permit. He said he bought his home three years ago and was aware that the Duckwood Estates were covered by restrictive covenants. Mr. Grinde said the conditional use permit would benefit the applicant only and set a negative precedent for the neighborhood. He pointed out that there is ample commercial real estate in the City. Mr. Grinde said the City Council had in a previous session dealt with a similar matter and had approved it provided it was not in conflict with covenants and restrictions that all property owners had agreed to. Mayor Egan said that Mr. Grinde was correct when he referred to a similar action taken by the City Council. The Mayor said at that time the conditional use permit was approved with the condition that the applicant comply with the restrictive covenants of the neighborhood. Mayor Egan said that Article #2 of the Duckwood Estates Covenants and Restrictions, which states that "no lot shall be used except for residential purposes," appeared to apply; however, pointed out that a beauty salon is deemed in the City ordinance to be a residential purpose as there is a conditional use in R-1 zoning for barber shops or beauty shops. City Attorney Sheldon said this situation was very similar to a previous application,but that application was subject to different covenants and additional restrictions on the applicants. In spite of Article#2,mention is also made of professional signs, so home occupations are at least contemplated in the Duckwood Estates covenants. He said those are issues,however,that the City has attempted to shy away from. Mr.Sheldon said if there were health,safety and welfare issues,the City's separate conditional use permit ordinance would allow the City Council to make provisions that relate to them. He said the City had not been presented with any additional, legitimate, articulated issues that the Council could make any findings on. Councilmember Gustafson pointed out that other home occupations were permitted without City regulation. Mr. Grinde said having commercial vehicles parked in the neighborhood as well as having other businesses being operated out of homes,can have a detrimental affect on property values. He also added that when the applicant bought her home,she was aware of the covenants and restrictions of the Duckwood Estates. Page 15/EAGAN CITY COUNCIL MINUTES March 5, 1991 Gustafson moved, McCrea seconded a motion to approve the conditional use permit for Elizabeth Westbrook to allow a hair salon in an R-1 (single-family) district subject to the following conditions: 1. Hours of operation shall be from 8:00 a.m. to 8:30 p.m. only. 2. The sole employee shall be an occupant of the household. 3. Parking shall be on-site and shall be limited to two customer automobiles. 4. There shall be no commercial signs advertising the business except for the type of sign that is allowed in an R-1 district. 5. There shall be no over-the-counter sales of merchandise. 6. The barber shop shall meet all building codes. 7. This conditional use permit shall be recorded at Dakota County within 60 days. 8. This conditional use permit shall be subject to all applicable City requirements and Codes. 9. The applicant shall comply with the Duckwood Estates Homeowners Association covenants. • Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT/PRELIMINARY PLAT WEST PUBLISHING 5TH ADDITION Mayor Egan introduced this item as a planned development amendment and preliminary plat for West Publishing 5th Addition/West Publishing Company, consisting of three single-family lots on approximately 4.3 acres located along the east side of Elrene Road in the southwest quarter of Section 13. City Administrator Hedges said that the Advisory Planning Commission had heard this item at their February 26 meeting and were recommending approval. Mr. Hedges wanted to acknowledge an additional condition regarding drainage and utility easement. Director of Community Development Runkle said that during 1990, West had applied for a comprehensive guide plan,a planned development agreement, a rezoning and a preliminary plat. He said this plat,West Publishing 4th Addition,had encompassed almost 208 acres. He said part of the plat approval during Phase 1 was to construct the facility manager's residence on Lot 1 along Elrene Road. He said West Publishing is now requesting permission to create two additional single-family lots for a total of three. Mr.Runkle said that one additional lot will be used strictly for an on-site facility manager and West has no plans for the third lot at this time. Director of Public Works Colbert said that a third condition was being proposed that would state, "A 20 foot drainage utility easement be dedicated over the eastern portion of the plat to accommodate the existing runoff for the Windtree Addition." Mr. Colbert said the issue has been discussed with West and they have expressed concerns. Mr. Steve Bryant of West Publishing said he had talked to staff regarding the City's request for this easement but had not had adequate time to study the issue. Mr.Bryant said he would like to go ahead with the platting process and leave Lot 2 as an outlot. He said there would be no grading or removal of vegetation on this outlot. The Director of Public Works said he hoped that the requirement for the easement had not precipitated the proposal to plat Lot 2 as an outlot as either one, a lot or an outlot, could accommodate the easement. Mr.Colbert said the issue for the drainage easement was whether the City felt it necessary to provide assurances that the runoff from several houses in the subdivision to the south would be able to drain to the dedicated ponding area. Mr. Colbert said as development starts to occur, provisions should be made to accommodate the runoff. He said a dedicated easement would not restrict building on this lot. Mr. Colbert pointed out that the drainage issue is not seen as a serious problem but was brought to the attention of the City by a Windtree resident. Page 16/EAGAN CITY COUNCIL MINUTES March 5, 1991 After further discussion, Mr.Bryant said that West Publishing has had a history of working very well with the City and (hey were not going to ignore something that would result in storm water problems. Mr. Bryant said given (he late notice,West thought that platting the lot as an outlot would be a solution. He said they would like to!process the plat and will work out whatever needs to be done. Mr. Mike Maza, of 3638 Windtree Drive, said West has been very responsive to the neighbors. Mr. Maza said while h was unable to attend the Advisory Planning Commission meeting,a neighbor had raised the drainage issue. H said he thought the issue should be pointed out and their only concern was that run-off not start ponding in their backyards. The Council agreed that with respect to West Publishing and given the history of their good working relationship, that the platting should move forward. Gustafson moved,McCrea seconded a motion to approve the planned development amendment to allow three residential lots instead of the previously approved one lot. Aye: 5 Nay. 0 Gustafson moved, McCrea a motion to approve the preliminary plat to replat Lot 1, Block 2, West Publishing 4th Addition, subject to the following conditions: 1. The standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B3, C2, C4, El, Fl, Hi. 2. A declaration of covenants shall be submitted indicating all easements. Direction was also given that the third condition,"A 20 foot drainage utility easement be dedicated over the eastern portion of the plat to accommodate the existing runoff for the Windtree Addition."would be worked out in a timely manner and if a satisfactory solution could not be reached, it would be returned to the City Council for consideration. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT/TRANSPORTATION PLAN Mayor Egan introduced this item as a comprehensive guide plan amendment for the City of Eagan to the transportation plan element which updates the transportation element of 1990 and which revised the transportation element for conformance with Metropolitan System Plans. Gustafson moved,Wachter seconded a motion to approve the comprehensive guide plan amendment of the transportation element for conformance with the Metropolitan System Plans as presented. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA SPECIAL CITY COUNCIL MEETING FOR MARCH 12 Wachter,moved, Gustafson seconded a motion to establish Tuesday,March 12, 1991 as a special City Council meeting Ifor the purpose of reviewing the five-year capital improvements program and any additional spending/revenue matters. Aye: 5 Nay: 0 Page 17/EAGAN CITY COUNCIL MINUTES March 5, 1991 SITE DEVELOPMENT AUTHORIZATION After introduction by Mayor Egan, City Administrator Hedges said that the Ice Arena Executive Committee had met and a draft report would be presented to the City Council at their March 19 meeting. Councilmember McCrea said that at the last Executive Committee meeting she had attended, the Committee was directed to get a handle on the costs of an ice arena and outdoor pool. She said at that time, Mr. Bob Rosene, of Bonestroo, Rosene,Anderlik & Associates, had said his firm would put together a plan without cost to the City. The Councilmember said it was her understanding that the HUD site would also be explored. Councilmember Pawlenty thought action to approve an expenditure to prepare a site analysis for the Municipal site was premature. He thought it would be appropriate to generally say the complex could be placed at either site. No action was taken to approve or deny an expenditure for the firm of Bonestroo, Rosene,Anderlik & Associates to prepare a site analysis on the 40 acre municipal site. SATURDAY/APRIL 27,VOLUNTEER RECOGNITION DAY Gustafson moved, Wachter seconded a motion to approve Saturday, April 27, 1991 as the official volunteer recognition day to honor those commission and committee members who are serving the City of Eagan. Aye: 5 Nay: 0 TWO RESOLUTIONS SETTING THE SALE OF REFUNDING BOND ISSUES Gustafson moved, Pawlenty seconded a motion to approve a sale date of April 9, 1991 to sell bonds to refund General Obligation Park&Recreation Series 1984,and General Obligation Improvement Bonds,Series 1983, 1984 and 1985,into two new issues of$2,425,000,Series 1991B, at 9.8%; and$3,315,000, Series 1991A, at 8.5%, respectively. Aye: 5 Nay: 0 MISCELLANEOUS ITEMS ANTENNA SITES Director of Community Development Runkle said a meeting had been held with representatives of Cellular One regarding their temporary permit for a one year antenna site in addition to future locations for a permanent site. Mr. Runkle asked if it were appropriate to begin looking at being more regulatory with antennas. He said at the present time, U.S. West has an antenna on the Safari water tower and Cellular One is looking to locate a 100 foot antenna in the community. Mr. Runkle questioned the necessity of doing additional research on antennas when only one is anticipated to be coming before the Council for consideration. After further discussion of the issue of cellular antennas, the direction was for Cellular One to come back with computer generated models and other proposed locations and potential sites. POLICY IMPLEMENTATION AWARD City Administrator Hedges acknowledged the award that had been received by the City at the State of the Region Address. The award was for the City's Water Quality Program. Page 18/EAGAN CITY COUNCIL MINUTES March 5, 1991 OPUS CORPORATION/LENNOX City Administrator Hedges said that Opus Corporation had contacted the City and asked if the Mayor and City Administrator would sign a letter encouraging consolidation of the Lennox Corporation facilities into a location within Eagan. Mr.Hedges said since the Opus location in Eagan was still in the running, Opus had now asked the City's position on tax increment financing. Mr.Hedges said he had informed Opus Corporation that the City Council considered TIF on a case by case basis. Mr.Hedges said this particular proposal happens to be in an economic development project area which was already set up through the TIF for Northwest Airlines, so the City Council would not have to establish an economic development district. He added,however,that the City Council would have to deal with some public policy issues. Opus Corporation would like some direction as to how long it would take to process an application and how the City Council would entertain such an application. He said it had been made clear to Opus Corporation that they could not indicate to Lennox in any way any prior approval as there was much more to the process. Mr. Hedges asked if the City Council wished staff to move any further or if they wished any additional research. Mayor Egan said a good faith effort is being made to cooperate with Opus'request. He said the recent Chamber of Commerce seminar indicated that economic times would be rough in the'90s and it is important to demonstrate a willingness to go that extra mile for economic development. Councilmember Gustafson said he was not personally opposed to tax increment financing,however,that did not mean this would be an appropriate use of TIF. He further stated that the general impression in recent years has been that Eagan has not been in favor of using TIF but he would be favorable to a review of the Lennox proposal to use TIF financing. Councilmember McCrea indicated she was also willing to work with tax increment financing, however, if the rest of the Council was not interested, then they should so indicate. Councilmember Pawlenty said the relationship with Opus is important, however, if the City grants TIF to an office/warehouse with 50 employees,where do they draw the line for future applications. The City Administrator was directed to continue working with Opus on the Lennox Company proposal to use TIF as an economic development financing tool. CHECKLIST Wachter moved, Egan seconded a motion to approve the checklist dated February 28, 1991, in the amount of$605,156.79, and the checklist dated March 5, 1991,in the amount of$303,140.95. Aye: 5 Nay: 0 EXECUTIVE SESSION/ADJOURNMENT The City Council adjourned the regular meeting to an executive session to consider attorney/client privileged information at 11:25 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea,Pawlenty and Wachter,City Administrator Hedges and City Attorney Sheldon. The executive session was adjourned at approximately p.m. KF CITY OF EAGAN E.J. VanOverbeke, City Clerk