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04/16/1991 - City Council Regular
I AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING APRIL 16, 1991 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 -ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. PARKS & RECREATION DEPARTMENT P. 1 1. Comprehensive Park Maintenance Management Plan IV. 6:55 - CONSENT AGENDA (PINK) pA. PERSONNEL ITEMS .4 B. EXTENSION to Record Final Plat, Town Centre 100 - Eighth Addition r C. EXTENSION to Preliminary Plat, Gopher Eagan Industrial Park 3rd Addition 30 D. PROCLAMATION, Eagan Arbor Day, April 27, 1991 and Eagan Arbor Month, May 1991 Ps. s LICENSE, Plumbers 3{�F F. LICENSE, Tree Service Maintenance 34 G. ADJUSTMENT, 1991 General Fund Budget H. PROJECT 613, Receive Petition/Authorize Feasibility Report and Detail Plans (Willbrook Addition - Streets and 3 Utilities 104 I. PROJECT 614, Receive Petition/Authorize Feasibility Report and Detail Plans (Yankee Doodle Road/Gangl Storm Sewer) A3?J. CONTRACT 90-17, Change Order #1 (Well #3 and #4, Repair) f�.n K. SETTLEMENT AGREEMENT, Project 466 Assessment Appeal (Hardees) L. FINAL PLAT, Finaserve Addition r M. FINAL PLAT, Manor Lake 3rd Addition r.4N. FINAL PLAT, Valley Acres �yO. CONTRACT 91-01, Approve Plans/Authorize Advertisement for Bids (T.H. 149 & Becker Road) �? S P. CONTRACT 89-05, Approve Change Order #3 (Skyline Road/Sibley Hills Drive - Street & Utilities) l ii(pQ. CONTRACT 89-05, Authorize Final Payment/Acceptance (Skyline Road/Sibley Hills Drive - Street & Utilities) V. 7:00 - PUBLIC HEARINGS (SALMON) it.41 A. PROJECT 524, Final Assessment Roll, Johnny Cake Ridge Road - Streets & Sidewalks VI. OLD BUSINESS (ORCHID) £ A. SPECIAL PERMIT, 8' Fence Surrounding Shooting Range, Valley Acres Si B. CONSIDERATION of Seneca Plant Development Agreement-Proposed Revision to Schedule Regarding Incinerator r, Odor Control Improvements C. CONDITIONAL USE PERMIT, R. L. Johnson Investment Co, Inc., to Allow Outdoor Storage in a LI (Light 0• 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 VII. NEW BUSINESS (TAN) ? 1 A. VARIANCE, Bob Michalek, of 19' to the Required 30' Front Yard Building Setback for 1612 Blackhawk Lake Drive, Lot 7, Block 1, Blackhawk Glen 3rd Addition J , e 12 3. PRELIMINARY PLAT,Park Center 2nd Addition/City of Eagan,Consisting of Approximately 6.8 Acres of Previously Zoned R-4 (Multifamily) Acres for a Senior Citizen Housing Complex Located Along the North Side of Park Center Drive in the SE 1/4 of Sec 30 c C. ORDINANCE Amendment, City of Eagan,Amending Eagan City Code Chapter 4, Entitled "Construction Licensing, Permits and Regulations,"Including Signs,Excavations,and Mobile Home Parks"by Amending Section 4.20 Regarding Placement, Erection and maintenance of Signs, and Adopting by Reference Eagan City Code Chapter 1 and Sec 4.99 VIII. ADDITIONAL ITEMS (GOLD) IX. ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 12, 1991 SUBJECT: AGENDA INFORMATION FOR APRIL 16, 1991 CITY COUNCIL MEETING ikDOPT AGENDA/APPROVE MIII Tes After approval is given to the April 16, 1991 City Council agenda and regular action meeting minutes for the April 2, 1991 meeting, the following items are in order for consideration. DEPARTMENT`HEAD BUSYNESS A. PARKS DEPARTMENT Item 1. Comprehensive Park Maintenance Management Plan--Enclosed on pages eZ through 3 is a memorandum from the Parks & Recreation Department concerning the above-referenced matter. Also enclosed without page number is a copy of the comprehensive park maintenance plan. Parks & Recreation Director Vraa has requested an opportunity to provide an introduction to the document for the City Council in anticipation that the plan will be reviewed and brought back for formal action in approximately 4 to 6 weeks. Please note that, despite its length, each chapter of the plan includes an executive summary and introduction which outline and key the details which follow. ACTION TO BE CONSIDERED ON THIS ITEM: There is no official action anticipated on this item at this time. As noted above, it is the request of the Advisory Parks, Recreation and Natural Resources Commission that the City Council receive this document and place it on a future agenda for consideration. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: TOM HEDGES, CITY ADMINISTRATOR KEN VRAA, DIRECTOR OF PARKS & RECREATION JOHN VONDELINDE, SUPERINTENDENT OF PARKS DATE: APRIL 9, 1991 SUBJECT: COMPREHENSIVE PARK MAINTENANCE MANAGEMENT PLAN Background Since the early 1980 's, the City of Eagan has invested a considerable amount of energy and resources into the development of a diverse and high quality municipal park and recreation system. This system, which today consists of nearly forty developed park units ranging from community parks to athletic fields and neighborhood playgrounds, affords a broad and exciting array of recreation opportunities to the City's 48, 000 residents. In an effort to provide safe and enjoyable experiences for the recreating public while maintaining the park system infrastructure for the long-term, the Parks & Recreation Department embarked upon the development of a comprehensive Park Maintenance Management Plan in 1987. During the past 311 years, department supervisors, maintenance staff and other parks/recreation personnel have worked actively towards the completion of this innovative and useful plan. This process has included the comprehensive inventory of park facilities, the research and development of standards and methodologies to be used in Eagan's maintenance program, and the establishment of implementation strategies for both short-term and long-range maintenance needs. In October of 1990, the first draft of the Park Maintenance Management Plan was completed. In its present form, the plan contains some 350 pages of text addressing written maintenance standards for 17 primary facility categories. The plan is divided into 16 chapters, beginning with an executive summary and introduction and culminating in a long-range replacement/ rehabilitation program for capital investments. Key compenents of the plan focus around a series of written goals and priorities, their implementation vis-a-vis a maintenance standards "hierarchy" for each facility (classification system) , and the application of these standards on a site-specific basis. Included in the plan are annual operation and construction schedules, park improvement plans, maintenance procedure and quality indicator statements, work unit standards, and inspection forms. Advisory Parks & Recreation Commission Involvement Throughout its development, the Advisory Parks & Recreation Commission was closely involved in the review and formulation of the Park Maintenance Management Plan. In the early stages of plan development, the Commission offered comment and direction relative 02. to an overall policy and goals framework. At periodic intervals during the planning process, the Commission was afforded with additional opportunities for review and comment on the plan and updates on progress towards its development. In October of 1990, the Commission held a special meeting to review in detail the "preliminary" draft contents of the plan. This review resulted in several recommendations of the Commission, the most significant of which included the creation of an additional chapter addressing organizational structure and communications within the department and maintenance/operations division. At their February 1991 meeting, the Commission made their review of these changes and gave their final approval to the plan. In the same motion, the Commission also recommended that the plan be forwarded to the City Council for official adoption as a "formal" planning document of the Parks & Recreation Department. For Council Review With the plan having now reached its "final" draft stage, the Advisory Parks, Recreation and Natural Resources Commission and Parks & Recreation Department would like to have the review and comment of the City Council on this plan. A separate copy of the plan has been included with this packet, under separate cover, for your consideration. Understanding the length and amount of material that the plan contains, staff are suggesting that the Council be given ample opportunity for review prior to bringing it back to the Council for any formal action. It is staff's recommendation that this item be placed on a subsequent Council agenda (4 to 6 weeks hence) or be the subject of discussion at an upcoming Council workshop. Therefore, no formal action is required at this time. This item is included for your information and future consideration. KV/JKV/vmd 3 Agenda Information Memo April 16, 1991 City Council Meeting lirONSTNT AGENDA There are sixteen (16) 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. Seasonal Forestry Aides--It is the recommendation of Superintendent of Parks VonDeLinde that the following persons be hired as seasonal forestry aides: Stanley Schneider, Steve Sheldon, and Teresa Treichel. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Stanley Schneider, Steve Sheldon and Teresa Treichel as seasonal forestry aides. Item 2. Seasonal Weed Inspector Aide--It is the recommendation of Superintendent of Parks VonDeLinde that Leroy Berg be hired as the City's Seasonal Weed Inspector Aide. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Leroy Berg as the City's Seasonal Weed Inspector Aide. Item 3. Seasonal Parks Maintenance Workers--It is the recommendation of Superintendent of Parks VonDeLinde that the following persons be hired as seasonal park workers: Seasonal Parks Maintenance Workers: Brian Banaszewski Dave Smith Brent Tait Duane Barton Mike Finnegan Joe Wilcox Brent Eichten Tyrone Johnson Velta martin Larry Lien Philip Larson Samuel Walker Trent Makowsky Stanley Sederstrom Agenda Information Memo April 16, 1991 City Council Meeting PERSONNEL (Cont'd.) Seasonal Ballfield Attendants: Jason Forde Shane Johnson Melinda Kaltenhauser Cheri Deike Robert Parrot (1/2 Time Position) Seasonal Park Attendants: Kim Rinehart Kim Martin Robert Parrot (1/2 Time Position) Evening Maintenance/Operations: Jeffrey Grubb Joshua Watschke Joseph Larkin ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of the persons listed above as seasonal park workers. c Agenda Information Memo • April 16, 1991 City Council Meeting FINAL PLAT EXTENSION/ OWN CENTER 100 - EIGHTH ADDITION B. Extension to Record Final PIat, Town Center 100 - Eighth Addition--Enclosed on page 7 is a copy of a letter received of Ventana Development Corporation requesting a one month extension for recording of the final plat of Town Center 100 - Eighth Addition. The final plat was approved on February 19, 1991 on condition that it be recorded by April 19, 1991. The developer is requesting an extension to May 19, 1991 to permit signature by the property owners in anticipation of the closing on May 6, 1991. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a one month extension for the recording of the final plat of Town Center 100 - Eighth Addition to May 19, 1991 as presented. APR - 3 - 9 1 WED 1 2 = 2 T t n n a 13 v _ Corr . P 0.2 IENTANA April 3, 1991 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota U.SA. 55122-1897 ATTENTION: Marilyn Wucherphnalg Dear Ms. Wuehcrpfennig; RE: WATERFORD APART LENTS TOWN CENTER 140 • 8TH ADDITION We request herein a one month extension to the required recording date of the above plat, from April 19, 1991 until May 19, 1991, For your information the mytars are at this time in Canada, pending the owners signatures. We propose to have them in the City's hands during the week of April 15, 1991 for signature. In addition we are in the final stages of obtaining financing for the project and anticipate a closing of this transaction during the week of May 6, 1091, with an immediate construction start. It is our plan to record the plat pretty much in conjunction with the closing subject to the arrangements that are made betwtxn our attorney and Mr. Dougherty. We will have our attorney contact Mr. Dougherty in the near future to finalize these matters, We trust that you will be able to request council's consideration to the extension at their next meeting on April 16, 1.991. Thank you for your cooperation and assistance, Yours truly, VENTANA E LOPMENT CORPORATION PER r TAM S, STIRTON, BARCH.,M.R.A.LC. VICE-PRESIDENT 7SS/ka Attachment VENT4N A DEVELOPMENT Cc PORATION• 916 Grosvenor Avenue•Winnipeg•Manitoba R3M ON4•(244)452-9503 7 Agenda Information Memo April 16, 1991 City Council Meeting PRELIMINARY PLAT EXTENSION/ GOPHER EAGAN INDUSTRIAL PARK 3RD ADDITION C. Extension to Preliminary Plat, Gopher Eagan Industrial Park 3rd Addition--Enclosed on page is a letter received of Pioneer Engineering on behalf of Gopher Smelting Company requesting a one year extension on the preliminary plat for Gopher Eagan Industrial Park 3rd Addition. The plat was originally approved on March 20, 1990. Also enclosed for your information on pagc.510.i is a memorandum from the the Community Development Department outlining additional conditions to be considered together with this extension. The memorandum also covers a copy of the original Community Development Department staff report and City Council minutes, as well as updated financial obligations and an addendum to the staff report which outlines the reasons for the proposed additional conditions. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the preliminary plat extension for Gopher Eagan Industrial Park 3rd Addition to March 20, 1992 with the additional conditions as presented. T* ** 'A PIONEER Civil Engineers • Land Planners • Land Surveyors • Landscape Architects * engineering March 28, 1991 Mayor & City Council Members City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Request for a One (1) Year Preliminary Plat Extension On The Gopher Eagan Industrial Park 3rd Addition Dear Mr. Mayor & Council Menbers: We respectfully request a one (1) year extension to the existing approval for the above referenced project subdivision. The Jesco Company of Eriina , is still intending to relocate their corporate offices to this location, but this relocation is contingent on the sale of the Edina office and warehouse. Negotiations are proceeding for this sale, but as of yet have not been finalized. We thank you in advance for your consideration of this request. Sincerely, PIONEER ENGINEERING, P.A. Wane R. Tauer , L.A. , Agent for Gopher. Smelting Company Jesco, Inc. C.J. Tuminelly cc: Gopher Smelting Company Jesco, Inc. C.J. Tuminelly 10- 1 I I\ mug ;-.11 2122 Enterprise Drive • Mendota Heights, innesota 55120 • (612) 681- 1914 MEMORANDUM TO: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: APRIL 11, 1991 The City received a request for Preliminary Plat extension for the Gopher Eagan Industrial Park 3rd Addition. The site abuts Bur Oak Hills 2nd Addition along the north and east property lines and Highway 149 on the west. The Preliminary Plat approval occurred on March 20, 1990 and the applicant submitted a letter requesting the extension based on the fact that the relocation of the Jesco Company in Edina still has not been finalized. All City departments have been notified of this request and the engineering department is requesting the following conditions be added: 8. A proposed ingress/egress easement will be required over the proposed driveway along the south end of Lot 2. 9. The development shall upgrade Kutoff Court with concrete curb and gutter from a point 50' south of the south property line of Lot 2 to State Highway 149. 10. The development is required to provide for fulfillment of water quality requirements as identified in the City's Comprehensive Water Quality Management Plan (either cash or ponding area.) All other conditions of the original approval still apply. Attached is a copy of the original staff report, March 20, 1990 City Council minutes, updated financial obligations, and an updated staff report. If you would like additional information, please advise. City Planner JS/j s Attach. CC: Tom Hedges, City Administrator 1a CITY OF EAGAN SUBJECT: PRELIMINARY PLAT GOPHER EAGAN INDUSTRIAL PARK 3RD ADDITION APPLICANT: GOPHER SMELTING CO INC LOCATION: OUTLOTS A & B, GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION EXISTING ZONING: PD - LI (PLANNED DEVELOPMENT - LIMITED INDUSTRIAL) DATE OF PUBLIC HEARING: FEBRUARY 20, 1990 DATE OF REPORT: FEBRUARY 12, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by Gopher Smelting Company, Inc. requesting a Preliminary Plat for two lots on 7 . 5 Limited Industrial-zoned acres. EXISTING CONDITIONS: Currently, the site is platted as Outlots A & B of Gopher Eagan Industrial Park 2nd Addition. The site abuts Bur Oak Hills 2nd Addition along the north and east property lines. Highway 149 and Kutoff Court are located along the west property line, and Minnesota Fence and Iron Works, Inca is located directly to the south. The lots gradually slope downward to the north and east property lines. The proposed floor elevation of the building is 887 . 0. The surrounding lots in Bur Oak 2nd Addition are approximately 20 feet below the floor elevation as depicted in cross section Exhibit A-A. There is a ravine located along the eastern property line of Lot 1. DEVELOPMENT PROPOSAL: Lots 1 and 2 are approximately 3.7 and 3 . 8 acres respectively. Jesko Corporation, a concrete contractor, has a purchase agreement with Gopher Smelting Company to purchase proposed Lot 2. Jesko is currently located in Edina, Minnesota and intends to move their headquarters to Eagan. The proposed building includes 30, 000 square feet of warehouse and 8,600 square feet of office space. Both uses are permitted in a Limited Industrial zoning district. Approximately 30 employees work at this site. The site plan indicates 60 parking stalls. The Zoning Code requires approximately 102 ; therefore, a Variance of 42 parking stalls will be required. The landscape plan indicates the existing stand of mature trees located along Highway 149 and along the north property line of both Lots 1 and 2. A conservation easement shall be entered into to protect the existing trees. • The trees and grade differential provide an excellent buffer between the two conflicting uses. The GRADING/DRAINAGE/EROSION CONTROL: The preliminary grading plan proposes to grade the majority of Lot 2 and a minimal amount of Lot 1 along the southwest corner of this site. The maximum cut on the site will be 6' and the maximum fill will be 6' . The preliminary grading plan proposes to protect a strip of wooded area along the north property line of this site for a width of 50' - 80 ' . Also, a 40 ' wide area is proposed to be protected along the west side of Lot 2. The wooded area to be preserved will provide a buffer to the adjoining residential area to the north plus it will limit the erosion from the development to the north. Surface water drainage from Lots 1 and 2 is proposed to be conveyed through a storm sewer system that will connect to the existing 36" storm sewer along the east property line. The existing 36" storm sewer on the east property line of this site has sufficient capacity and depth to serve Lots 1 and 2. The proposed storm sewer system will intercept all of the surface water from Lots 1 and 2 except for the northerly strip of woods. The wooded area will drain overland to the north across the single-family lots in the Burr Oak Hills 2nd Addition development and be picked up by the existing storm sewer in Hillside Drive. The storm sewer will drain to Pond GP-1 which is located in the Burr Oak Hills 2nd Addition development. Pond GP-1 has an outlet via lift station and force main to the west to Pond EP-2. Staff recommends that the internal storm sewer on Lot 2 be extended to the southwest to intercept the proposed catch basins and ditch located at State Highway 149 and Kutoff Court intersection. The 5-year flow to the proposed storm sewer on Kutoff Court will be 5 cfs. The 2 ' - 6 ' high retaining wall is proposed along the north side of the building on Lot 2 . The development will be required to submit detailed plans and specs covering the construction of the proposed retaining wall. An erosion and sediment control plan was not submitted with this application. The development will be responsible for installing and maintaining erosion control measures in accordance with the City 's erosion/sediment manual standards. WATER RESOURCES: Pond GP-1 (Burr Oaks Pond) is classified as a Class II - Indirect Contact recreational waterbody. Burr Oak Pond currently meets water quality criteria for a Class II waterbody. The review of the water quality impacts the development would have on Burr Oak Pond was not completed at the time of the preparation of the report. UTILITIES: Sanitary sewer of sufficient size, capacity and depth has been stubbed to the north property line of this proposed development from the Burr Oak Hills 2nd Addition. The preliminary utility plan proposes to connect to this existing 8" sanitary sewer and extend a line to the southeast to serve Lots 1 and 2 . An existing 18" trunk sanitary sewer is also available at the southwest corner of this site, however, it does not have sufficient depth to serve Lot 1. 1 3.- FINANCIAL OBLIGATION - GOPHER EAGAN INDUSTRIAL PARK 3RD 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 PROD USE RATE QUANTITY AMOUNT WATER TRUNK 447 C/I 1450/A 4.75 A $ 6888 WATER AVAILABILITY CHARGE 538 C/I 2285/A 7.5 A 17138 TOTAL $24026 1 ) STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment 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 Riabts-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. 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 and engineering standards and policies, and approved by staff prior to final plat approval. 2 . A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff 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. 'LI conservation easement would give the City the authority to restrict any vegetation removal. The proposed plan indicates a 40' access/egress easement from Kutoff Court east to Lot 1 along the southern property line. This borders Lot 1 of Gopher Eagan 2nd Addition. Minnesota Fence Company is located on Lot 1. They currently have a purchase agreement for Outlot C which abuts Lot 1 to the east. If the purchase of Outlot C does not occur, Outlot C will not have access and shall , therefore, be in nonconformance with Section 13 . 20, Subdivision 9. The closing of the property was scheduled for February 9 , 1990. Due to some survey work that was incomplete, the closing did not take place. The second closing has not yet taken place at the time of this staff report; however, it should be completed by the time of the Planning Commission meeting. I A 24" trunk water main of sufficient pressure and capacity is located along State Highway 149 to provide service to this development. The preliminary utility plan proposes to connect to the existing 24" water main and extend an 8" water main along the south end of this site to serve Lots 1 and 2. Staff recommends that a hydrant should be added to the central part of Lot 2 along the west side of the parking lot to improve fire protection to the proposed building on Lot 2. STREETS/ACCESS/CIRCULATION: The preliminary site plan proposes to obtain access to Lots 1 and 2 from the unimproved portion of Kutoff Court. The developer will be required to contact MnDOT and obtain their requirements for the upgrading of Kutoff Court up to the intersection with State Highway 149. City Project 516 upgraded Kutoff Court to a point approximately 50' south of the south property line of this development. The remaining portion of the upgrading of Kutoff Court was deleted from Project 516. Indications are that MnDOT will require both a right turn and bypass lane be added at State Highway 149 at the intersection. Also, it was determined that the location of the intersection of Kutoff Court and State Highway 149 would be best determined by waiting for development of the parcels on Outlots A and B of the Gopher Eagan Industrial Park 2nd Addition. The upgrading of Kutoff Court shall be designed to a 36 ' face-to-face width with concrete curb and gutter and storm sewer to collect the runoff. The preliminary site plan proposes to provide access to Lot 1 by constructing an access driveway along the south property line of Lot 2 from Kutoff Court to Lot 1. City staff recommends that the width of this driveway shall be a minimum of 30 ' , and a concrete valley gutter shall be constructed across Kutoff Court at the intersection of the new driveways. EASEMENTS/RIGHT-OP-WAY/PERMITS: This development shall dedicate all easements necessary for the internal sanitary sewer, water main and storm sewer systems of sufficient width as required by alignment and depth. 80 ' of right-of-way has been dedicated for Kutoff Court at the present alignment. If the upgrading of Kutoff Court is required to be located to the north, then additional right-of-way will need to be dedicated. A proposed ingress/egress easement will be required over the proposed driveway along the south end of Lot 2. This development shall be responsible for ensuring that all regulatory agency permits (MPCA, MWCC, Department of Health, MnDOT, etc. ) are acquired prior to final plat approval. Ce CONDITIONS: These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4 , Cl, C2, C4, C5, D1, El, F1, and G1. 1. The required conservation easement for the north property line shall be properly conveyed and recorded simultaneously with the final plat. 2 . A Variance of 42 parking stalls shall be approved with the plat. 3 . No outdoor storage shall be allowed. 4 . No outdoor speakers shall be allowed. 5. The development is required to provide a 5 cfs storm sewer outlet to the storm sewer system in Kutoff Court. 6 . The development is required to submit detailed plans and for the construction of the proposed retaining wall for staff review and comment. 7 . The development is required to limit nutrient loadings to Burr Oak Pond to predevelopment levels. 1 STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4 . A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not release 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 design standards. • D. Public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved 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 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. Other 1. 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'S. `` 1 \ ■ 's -----1,___,,-` a '"-P-8 i + .^� / ,' .s� ; CiP'VI r,y ' GP-9 1 ■,r ' 4r ,,nom ( Direct Contact Class I ` ", ?`'G• ' ti3_v Indirect Contact Class II °+� "l Ge-a .• 1- CL. I, Scenic Recreation Class III t Wildlife Habitats Class IV ` L v Nutrient Traps Class V Sediment Basins Class VI Stormwater Basins Class VII ■ see tallow' I Ansa lost* t#lonostroo WATER QUALITY MANAGEMENT PLAN 1'O"+'• Aa+oCkaiN ► t > . .WATERSHED G a e )r . Dote: Comm. . r i L. I E e ; c / �. �- \ L - --- \� t :' - i$ -i ...._•'''.......:•:—.%•'4, '•4. --s• -."7--•.• %\ i• I :,moo•� 4•.��•••-�'_-�:•��� "• '�`�~ c).i L I 1 ' xy:: .:.:. ; .1....... +........:,,..:.:.:.:.:.::::::: :::11::.:...... „......:::: \ ..‘ c.., cc _, ,,. . I , : .. .. .: .:. . 1_ • ,1 :S• +.::. — ••i : 2• • 1• •: : r ':•t ' : . `: : ' �.o , ! cc 1 - 1 ,. {3.;,..,,. ',.• "P'' ' . ';'.4'..*:*:':*. '..:.:.:.:.:.:.:.::::::::.:., \ Il 7 . Z .�: :: N • ) •—�;s = I i II ' ..+...:;••■••••••••• •• %. :::: ...•.......:::::::::::ii \ i f ;i+'r';.?" ' : •••••!.... — II I Ra ; ;; ;�� 1I1 \ ��''_ .... r r ..rr� I■ -II I II$ III / .•- .S.1...' 1 .�i� t� I • 42 PRILINUARY KAT OOPEER RAGAN INDUSTRIAL PARR 3RD ADDITION y Councilsember Gustafson:::.sslr i! abto t the variance request for less parking stalls than would oridinarily:::# r.:riquired of this site. Re asked as to the hardship. Director of Community Development Runkle stated that the additional spaces were not needed as the site only supports 30 employees. The applicant will be required to supply proof of parking. Gustafson moved, Wachter seconded, a motion to approve a preliminary plat entitled Gopher Eagan :Zfl itrial Park 3rd Addition subject to the following: These Standard conditions 'Of plat,.:approval as adopted by Council action on September 15, 1987, stial.i.:::b;s::':cc+ plied with: Al, B1, B2, B3, B4 , Cl, C2, C4, C5, Dl, El, 1. The required consei iiion easement for the north property line shall be properly conveyed and recorded simultaneously with the final plat. 2. A variance of 42 parking stalls shall be approved with the plat subject to proof of parking :: f:::a*d44:::. e4::future use. 3 . No outside storage shall ke alld. 4 . No outdoor speakers shall::::be ali, ed. 5. The development is required to provide a 5 cfs storm sewer outlet to the storm sewer system in Nutoff Court. 6. The development is required to submit detailed plans and specifications for the construction ofi,ii proposed retaining wall for staff review and comment. 7. The development is 4. t! ''to: : ;pit nutrient loadings to Burr Oak Pond to predevelopment • 076 FINANCIAL OBLIGATION - Gopher Eagan Industrial Park 3rd 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 Water Trunk 447 C/I $1,536/ac 4.75ac $ 7,296 Water Availability Charge 538 C/I 2,420/ac 7.5 ac 18.150 Total $25,446 ;a. 7 MEMO TO: JIM STURM, CITY PLANNER FROM: JOHN P WINGARD, DEVELOPMENT/DESIGN ENGINEER RICH BRASCH, WATER RESOURCES COORDINATOR DATE: APRIL 10, 1991 SUBJECT: GOPHER EAGAN INDUSTRIAL PARK 3RD STREETS/ACCESS/CIRCULATION: Access to proposed Lots 1 and 2 will be provided off Kutoff Court, which is a City street with a cul-de-sac on the south end and a connection to STH 149 on the north end. This development will be responsible for upgrading Kutoff Court to a 36' wide street with concrete curb and gutter and storm sewer to collect the runoff. The City and MNDoT are proposing to upgrade STH 149 across the Kutoff Court • intersection. STH 149 will be widened to provide a right-turn lane for the northbound lane of STH 149 at Kutoff Court. The upgrading of STH 149 is scheduled to be constructed during the summer and fall of 1991 under City Project No. 600. Access to Lot 1 shall be provided with a 30'wide driveway through Lot 2 from Kutoff Court to Lot 1. WATER QUALITY: The proposed 7.5 acre Gopher Eagan Industrial Park Second Addition development lies within 1000 feet of Burr Oak pond. The southern portion of Burr Oak pond (GP-1.1) is classified as a nutrient trap while the larger northern area (pond GP-1) is designated as a Class II water body intended to support indirect contact recreation. Modeling indicates that GP-1 should presently meet the water quality criteria for a Class II water body although no field data is available to verify this conclusion. Using the City's water quality model, an analysis was carried out to determine the water quality treatment requirements for this development. The analysis was conducted to determine the ponding necessary to assure that nutrient concentrations in runoff from the site are the same after development as before development. This is the minimum level of treatment required under the City's Water Quality Management Policy and is applicable only if stormwater runoff from the site enters the southern-most tip of pond GP-1.1 as proposed. Assuming a total development area of 7.5 acres, an impervious area (parking lots, roof-tops, etc.) of 4.7 acres, and a pervious area (lawns, woodlands, etc.) of 2.8 acres, the pond necessary to provide basic treatment is .38 acres in surface area and 1.1 acre-feet in volume. The City will allow a cash dedication in lieu of ponding for this development. If a cash dedication is elected, the requirement will be: .38 acres X $65,340/acre = $24,829 1.10 ac-ft. X 1613 cubic yds/ac.ft. X $2/cubic yd. = 3,549 TOTAL CASH DEDICATION $28,378 002 PAGE 2 GOPHER EAGAN INDUSTRIAL PARK 3RD ADDITION The share of this cost for Lot 1 is $14,192 while the share for Lot 2 is $14,186. Costs were pro-rated based on the area of each lot. CONDITIONS: 1. A proposed ingress/egress easement will be required over the proposed driveway along the south end of Lot 2. 2. The development shall upgrade Kutoff Court with concrete curb and gutter from a point 50' south of the south property line of Lot 2 to STH 149. cc: Tom Colbert, Director of Public Works Mike Foertsch, Assistant City Engineer 4:92. Agenda Information Memo April 16, 1991 City Council Meeting EAGAN ARBOR DAY AND ARBOR MONTH PROCLAMATION D. Proclamation, Eagan Arbor Day, April 27, 1991 and Eagan Arbor Month, May, 1991-- Enclosed on page is a copy of a resolution proclaiming April 27, 1991 as Eagan Arbor Day and May, 1991 as Eagan Arbor Month. This action recognizes the important part our urban forest plays in our environment and community as well as acknowledging the City's recognition as a Tree City USA community. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution proclaiming Eagan Arbor Day and Eagan Arbor Month as presented. CITY OF EAGAN RESOLUTION A PROCLAMATION OF EAGAN ARBOR DAY AND EAGAN ARBOR MONTH WHEREAS, trees were a significant attraction to Minnesota's settlers because of the usefulness and the beauty they provided; and WHEREAS, trees are a most valuable resource in Minnesota and Eagan today - purifying our air and water, helping conserve our soil, serving as recreational settings, providing habitat for wildlife of all kinds, and enriching our lives in so many important ways; and WHEREAS, pollutants, tree diseases, and urban expansion have damaged and continued to threaten our trees, creating the need for reforestation programs and concerted public action toward ensuring the future of our City's ubran forests; and WHEREAS, each year the people of Minneosta pay special attention to the wonderful gift that our trees represent and dedicate themselves to the continued health of our state's trees; and WHEREAS, the City of Eagan has been recognized, for the fourth consecutive year, as a Tree City USA community by the National Arbor Day Foundation and desires to continue its tree-planting programs, NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby proclaim Saturday, April 27, 1991 to be ARBOR DAY and the month of May, 1991 to be ARBOR MONTH in the City of Eagan. BE IT FURTHER RESOLVED that the Mayor and Council further urge citizens to become more aware of the importance of trees to the well-being of our City and State; and to participate in City tree planting programs which will ensure a greener place for our citizens to live in the decades to come. CITY OF EAGAN CITY COUNCIL By: Its Mayor By: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: 31 Agenda Information Memo April 16, 1991 City Council Meeting PLUMBERS' LICENSES E. License, Plumbers--City Code requires that all plumbers operating within the City be licensed on an annual basis. Enclosed on page 33 is a list of plumbing contractors whose applications are in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers' licenses as presented. 3• PLUMBERS LICENSES APRIL 16, 1991 1 . Bjorlin Plumbing 2 . Bruce Plumbing 3 . Janecky Plumbing 4 . Regency Plumbing 53 Agenda Information Memo April 16, 1991 City Council Meeting TREE SERVICE MAINTENANCE LICENSE F. License, Tree Service Maintenance--An application has been received of Ark Tree Maintenance Service for a tree maintenance contractor license. The Parks & Recreation Department has reviewed the application and has identified no reasons for denial. It should be noted that Ark Tree Service does not perform any spraying and, as a consequence, does not hold certification relative to such application as would be required by the license for such service. As a consequence, the Parks & Recreation Department is recommending that a stipulation to this license be that Ark Tree Service engage in no application of commercial pesticides or any other chemical substances. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the tree service maintenance license for Ark Tree Service on condition that there be no application of chemical pesticides or any other chemical substances under this license. 1991 GENERAL FUND BUDGET ADJUSTMENT G. Adjustment, 1991 General Fund Budget--Enclosed on page 3S is a summary of adjustments to the 1991 General Fund budget covering various purchases as a consequence of outside donations and transfers of allocations between line items. The expenditures of donated funds would result in an adjustment to the General Fund budget total in the amount of $3,520. The transfers will result in no net effect on the General Fund budget total. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1991 General Fund budget adjustments as presented. 3 $1 MEMO TO: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE FROM: ASSISTANT FINANCE DIRECTOR DAMLO DATE: APRIL 9, 1991 SUBJECT: 1991 GENERAL FUND BUDGET ADJUSTMENTS Consideration should be given to the following line item account budget adjustments to reflect certain activity which has occurred to date in 1991, as specified below. D.A.R.E Revenue Account 01-3850-000-00 Increase $ 2,870.00 Expenditure Account 01-4220-161-11 Increase 2 ,870.00 This activity relates to the Police D.A.R.E program, and reflects expenditures for Jan. -March, 1991. The amount will be deducted from the 1990 Lion's Club donation which was recorded in a deferred revenue account, leaving a balance of $2 ,842. Police Donation Revenue Account 01-3850-000-00 Increase $ 650.00 Expenditure Account 01-4450-153-11 Increase $ 650.00 This is to reflect a donation from the Lion's Club received 2/6/91, used by the Police Dept. for their mission statement display case. The effect of these adjustments will increase the 1991 General Fund Budget total by $3,520, to $10,965,890. In addition, the following adjustments within a particular department are also proposed: Police Increase 01-4570-153-11 $ 200.00 Decrease 01-4226-153-11 200.00 (Purchase of Shop Vac) Community Development Increase 01-4350-000-07 $ 6,000.00 Decrease 01-4570-000-07 6,000.00 (This amount was in the 1991 capital equipment budget for zoning map and comprehensive land use map revisions. It is more appropriate that these be considered a general operating expense. ) rN JYA, LAJ 42.4/�t,�p 3C Agenda Information Memo April 16, 1991, City Council Meeting RECEIVE PETITION/AUTHORIZE FEASIBILITY REPORT & DETAILED PLANS (WILLBROOK ADDITION) H. Project 613, Receive Petition/Authorize Feasibility Report & Detailed Plans (Willbrook Addition - Streets & Utilities)--The City has received a petition from the two property owners who will be developing the Willbrook Addition located east of Lexington Avenue between Falcon Way and Wescott Road. In addition to requesting the feasibility report,the petitioners have requested that detailed plans and specifications be prepared simultaneously. In addition, they have agreed to guarantee all costs incurred if for any reason the project is not awarded. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize the feasibility report and detailed plans for Project 613 (Willbrook Addition - Streets & Utilities). RECEIVE PETITION/AUTHORIZE FEASIBILITY REPORT & DETAILED PLANS (YANKEE DOODLE RD/GANGL) I. Project 614, Receive Petition/Authorize Feasibility Report & Detailed Plans (Yankee Doodle Road/Gangl - Storm Sewer)--The staff has received a petition from the property owner at 1555 Yankee Doodle Road (Richard M. Gangl) requesting the City to prepare a feasibility report to discuss various street and/or storm sewer improvements as may be necessary to address the flooding problems they have experienced in the past. After reviewing the past claim for damages that has been submitted along with evaluating their situation, the staff is recommending that the Council authorize the simultaneous preparation of detailed plans along with the feasibility report to facilitate the timing of the proposed storm sewer improvements to address their concerns. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize the feasibility report for Project 614 (Yankee Doodle Road/Gangl - Storm Sewer) and authorize the simultaneous preparation of detailed plans and specifications. 3(43° Agenda Information Memo April 16, 1991, City Council Meeting APPROVE CHANGE ORDER #1 (VVELLS # 3 & #4) J. Contract 90-17, Approve Change Order #1 (Wells #3 & #4 - Repair)--This contract provided for the removal, inspection and repair to the well shafts and pumps for Wells #3 and #4 as a part of the Public Works Department's preventative maintenance program for all of our wells. As a result of inspecting the condition of these shafts and pumps, it was recommended that they be replaced with stainless steel equipment in lieu of the original carbon steel as specified in the contract. The stainless steel material will provide three times the life expectancy through greater resistance to the corrosive water for these high capacity wells. Subsequently, a Change Order is being proposed for Council's consideration as follows: Part 1: Replace the shaft and couplings below the static water level with stainless steel material. (Add $4,633.41) Part 2: Delete carbon steel shaft and couplings as specified. (Deduct $1,352) The net affect of this Change Order would result in an additional $3,281 which will approximately triple the life of this equipment and provide a greater degree of reliability for these wells. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 90-17 (Wells #3 & #4 - Repair) and authorize the Mayor and City Clerk to execute all related documents. APPROVE SETTLEMENT AGMT, PROJECT 466, ASSMT APPEAL K. Approve Settlement Agreement,Project 466,Assessment Appeal (Hardees Restaurant)-- As a result of the assessment appeal certified with and heard before District Court, the City and the property owner were ordered by the Court to enter into a Stipulation For Settlement regarding this assessment appeal for RAL Yield + Equities Limited Partnership (Hardees Restaurant). This Stipulation For Settlement has been reviewed by the City Attorney's Office and Director of Public Works and found to be in order for favorable Council action. Enclosed on page 3l is a resolution prepared by the City Attorney's Office that should be approved by Council action authorizing the City Attorney's Office to execute the Stipulation For Settlement on behalf of the City of Eagan. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Settlement Agreement and Resolution authorizing the City Attorney's Office to execute the Stipulation For Settlement and authorize the Mayor and City Clerk to execute said documents. 37 APR Si '91 11:16 7061'02 CITY OP EAGAN RESOLUTION ADOPTING SETTLEMENT AGREEMENT WHEREAS, RAL Yield + Equities IV Limited Partnership (RAL) owns property located at Lot 1, Block 1, First Minnehaha Addition, (Subject Property) ; and WHEREAS, the Subject Property was assessed by the City of Eagan on July 10, 1990 for Public Improvement Project No. 466 for street and trail improvement; and WHEREAS, the sum of the assessments was $22,504. 10; and WHEREAS, RAL brought an action in District Court appealing the sum of the assessments, known as $$y Yield + Equities yL,Limited partnership v. City of Eagan, Court File No. C4-90-7656; and WHEREAS, the parties have agreed to settle this dispute according to the terms described in the attached Stipulation for Settlement. NoW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby adopt the attached Stipulation for Settlement resolving the RAL assessment appeal. Further, the City Attorney's office is hereby directed to enter into the Stipulation for Settlement on behalf of the Eagan City Council. CITY COUNCIL By: Thomas A. Egan Its: Mayor ATTEST: By: E. J. VanOverbeke Its: City Clerk 38 Agenda Information Memo April 16, 1991 City Council Meeting FINAL PLAT/FINASERVE ADDITION L. Final Plat, Finaserve Addition--Final plat documents relative to the above-referenced plat are currently being processed by the applicant and Community Development Department. If all items are completed and executed in time for next Tuesday's meeting, the application will be in order for approval. If not, a recommendation will be made to continue this item at the beginning of the meetin A copy of the final plat as it appears for filing at Dakota County is enclosed on page for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Finaserve Addition. • . i., i: I ;.: • 1 91. • ; . -i ,• .9 • li . i 1 ; i - •- ; g ;, s 0 .: • 7 -, . ; 13 : : • : : : : -:1 :: ' 1 3:' 0 1.. ".•I li . .• . : .• ' 1" ••• • : ; : I • : • . . I i E i : 2 11 i E : =I • ': "4 0 2 . : 2; - .;s : /4 •4 • d i .. i I : • CC ..- .• 1 ; 2'' ..: : 4 :1 . I • 1 i .4 • :: 3 i I : • " i: I .?: i • •Z 1 .. . 1 •• ; 1 9• ; . . E , : 3 • :: . 5 ; i I 1::. 1:- i t : : 2• 1 :3 I 32 t 4 E 1 i 1 i :1. lizi ., - : • : ' i I ... 2 .- z : i :• - : :. i 2 :2- 1 = : ,,,- • = - 1:: : . : t; ; : - •• 2 I . . : • :I • : : - : : . , I ^ . 1 i - • ::: ; 1 1 : !:s ." s . i •• 11 • : 12 7-": : : ! : :1 .:: 0 i: 5.••_:: 1,, : : r : ,.:,- : : Iii: E F--- .-o- . 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I•;- i ._: \ z s - .0'• 6 —...,MTIXQ!5%■••••■■Z f..-.1 •: z. t. ,--, • / . .....; , • 1 . i • -1 • •-• , ,,k . i;: q --..340.--••■ I •o • . 40 Agenda Information Memo April 16, 1991 City Council Meeting FINAL PLAT/MANOR LAKE 3RD ADDITION M. Final Plat, Manor Lake 3rd Addition--Final plat documents relative to the above- referenced plat are currently being processed by the applicant and Community Development Department. If all items are completed and executed in time for next Tuesday's meeting, the application will be in order for approval. If not, a recommendation will be made to continue this item at the beginning of the meeting. A copy of the final plat as it appears for filing at Dakota County is enclosed on page 43, for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Manor Lake 3rd Addition. 2 ! i r • a ' I V ---�z--- $• - 1 - q i e ISr / d r I\ 5 I l' I 'r :h i 'I'." I ,psi ,, .�;.,.• ■ N T e- ,l • 14 4.:."'" i r - 'r, a ,' `\ .• -•,*/l1 N ! _— 3/ -.. •"�'�,•, + '•r.1.,:1:::,7.1.::,1111 \ -• •C � �♦ til.�� I I• /� Q I I < I yll. �,t r,,--{ ._ 7 i:i ..- in 1 '' v, .J I•,.. ail' . J 1/ I �lI•: �,: 1, r1 .. ' _l ::::FL-!LrJ 1LV!_. I J p t t t rlllll.]I-�i ZX I I •Q z r I al i i e 0 Cv - i rtl-1 -- • 4 Q ^ 1 1 r N L J ] i • i �-1r pp it LT.]i�ai- ,- X x in H 11 J M WM ell.fl•fat ; I td I _0 I•' .I MI ifl.M fa w 11 r bilg I 1^ L r1 r 1 t'i I �I , tf ` 'I E C !k 11, :,.y It% r, r t IN ‘\� �� . /�/ I I •I wig .,1 *s I 1 t is .0S . / j t: tr5r� i '> I14:- 1 • ' �` : �" 4. z I �, S 1 it: le:!! ,. T • •: i=dl 2 i , -I r • ,, ,, , •+ ,,r1, 1J c• / 3 ••S .l : • "r •/r., C2 .- 111.MJ01 ilk a Agenda Information Memo April 16, 1991 City Council Meeting FINAL PLAT/VALLEY ACRES N. Final Plat, Valley Acres--Final plat documents relative to the above-referenced plat are currently being processed by the applicant and Community Development Department. If all items are completed and executed in time for next Tuesday's meeting, the application will be in order for approval. If not, a recommendation will be made to continue this item at the beginning of the meeting. copy of the final plat as it appears for filing at Dakota County is enclosed on page AN for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Valley Acres. • 45 w= o wo Z g :: Y yyt; "N o\Aft / - '''' a. i (- �I 2 -tw G W :Y LL fi in w O ? °r •4C c 'upr to_; 'S z o4i! e: H ms's', �— OTC i w2ir W e t.,/ ' p_c� w / �„ R� W•eyia t V N Lj I --ii y': e c• O :y. e� I So° S W a � X02 -a 0 •L I � W •e1')VS t N. - 3111.11111- CL / B Ir''' I\I'-1t.; 1 4 I ,, 't.ri .1,.t i I " i` t. .',,.I r.,I 1;L$ ,J a' 1 ct I r 1`i 2 mL\- � a ,,-..k. I 11 r Cn cp rt ' 1 i - •� ' I I� , i LLB >i a: „,, • c t 03 a --5 5i•]e'ei'E _ ' l ..L. w11 V' i \ � f c I a •� ,, C> ,-. -....c' -1----- I z �- a2 0 \ III r7 i \ m .�A■ I 1a,:1 3 g , o f Cr '3 a li 5'1 41 , 00:-.,..,:.E , .. �I - ■ elf L•r , ,J 11 -J Cri I "I' I :\I� , J - -- --—__•_~' ♦_: --..ors jr � -- R ■ •ee'(.e1`• I I I �1.. 4 J I I I \�N.o R" L 7i•l .k o 0 v4I r Z t "',k(' r /°r1 d \f! 44 _ Agenda Information Memo April 16, 1991, City Council Meeting APPROVE PLANS/AUTHORIZE AD FOR BIDS O. Contract 91-01, Approve Plans/Authorize Ad For Bids (TH 149 & Becker Road Improvements)--The detailed plans and specifications for the improvement of the Becker Road intersection signalization and widening of TH 149 have been completed and forwarded to MNDoT for their formal review and approval. They're also being presented to the City Council for their approval and authorization to advertise for competitive bids. Due to the fact that MNDoT policy will not allow the City to formally advertise until they have signed off on the plans, a specific bid opening date has not yet been determined. However, Council action at this time will allow the City to proceed with advertisement as soon as MNDoT approval has been received. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 91-01 (TH 149 & Becker Road Improvements) and authorize the advertisement for bids subject to MNDors final approval. APPROVE CHANGE ORDER #3 P. Contract 89-05, Approve Change Order #3 (Skyline Road/Sibley Hills Drive - Streets & Utilities)--In closing out this contract, the contractor has submitted a claim summarizing additional costs incurred by his firm in correcting and reinstalling vegetative restoration as well as clean-up associated with erosion from adjacent private developments associated with this project. Although the total claim submitted was for $19,606.34, through subsequent negotiations with the contractor, this amount was reduced to $7,000. After reviewing these claims and the negotiated reduced amount, the staff concurs that the contractor is entitled to this additional amount as it was above and beyond what was related to the City's project. (Add $7,000) ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #3 to Contract 89-05 (Skyline Road/Sibley Hills Drive - Streets & Utilities) and authorize the Mayor and City Clerk to execute all related documents. S Agenda Information Memo April 2, 1991, City Council Meeting FINAL PYMT/ACCEPTANCE Q. Contract 89-05, Final Payment/Acceptance (Skyline Road/Sibley Hills Drive - Streets & Utilities)--The installation of the public improvements under the above-referenced contract has been completed in accordance with City plans and specifications. All inspections have been performed by City personnel and a statement of compliance with plans and specs has been submitted by the consulting engineer, OSM, Inc. Based on staffs review of this project, it is recommended that the Council approve the final payment and formally accept the improvements for perpetual City maintenance subject to all appropriate warranty items. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 7th and final payment in the amount of $28,615.26 for Contract 89-05 (Skyline Road/Sibley Hills Drive - Streets & Utilities) to Brown & Cris, Inc., and authorize formal acceptance of perpetual City maintenance subject to all related warranty conditions. �4 Agenda Information Memo April 16, 1991, City Council Meeting !PUBLIC REARMS FINAL ASSMT HEARING A. Project 524, Final Assessment Hearing (Johnny Cake Ridge Road - Street Improvements)--On March 19, the Council received the final assessment roll for the above- referenced project and scheduled a public hearing to be held on April 16 to present and dis ss the final assessments associated with this public improvement. Enclosed on page is a summary tabulation of the final assessment rates as compared to those contained in he feasibility report presented at the public hearing held on June 21, 1988. All notices have been published in the legal newspaper and sent to all affected property owners informing them of the final assessment rates and the public hearing scheduled for April 16. In addition, staff has met several times with representatives of the Wilmus Company who is the main property owner being assessed under this project. As a result of these notices and meetings, staff has not received any objections to the proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll as presented for Project 524 (Johnny Cake Ridge Road - Street Improvements) and authorize its certification to Dakota County. 1 VIRAL ASSESSMENT HEARING FRO T! T NUMBER: 524 - - ASSESSMENT HEARING DATE: April 16. .. 1991_____ - Johnny Cake Ridge Road SUBDIVISION/AREA: Street A Utility PUBLIC REARING DATE: _Je 2t.�-�Q88_- ___._ INFROVENRNTS INSTALLED AND/OR ASSESSED: P.R. - Pensibility Report VIRAL P.R. VIRAL P.R. SANITARY SEWER RATES RATES STORM SEWER RATES RATES ___. [ _] Trunk- U Trunk - -------- � X1 i.. ternl s 1603.98/Ls $9,96.5.._0OLLS [0 Laterals $46,708.36/LS $35060.00JLS I I SPrvicP L t Let. Benefit/ - Trunk - - - U Lnt. Fanefit/ Trunk —__-- WATER STREETS LiTrunk ❑ Gravel Base MLaternLc $28,006.57/LS LI Surfacing $156.718..26_-_ $_184,689,00/i 1. ] Service - - - n Res . Equiv. ---- - - LI !At . Pane f i t/ ❑ Multi Equiv. Trunk . C/I Equ v. - i1AC - n Trail -0- - $48435000/ SERVICES STREET LIGHTS IHetor f. San . Sower ❑ Installation - ❑ Energy Charge CONTRACT # OF INTEREST AMOUNT CITY R0, PARCELS TERMS RATE ASSESSED FINANCED $254,150.00 F.R. $ 79,330.00 F.R. 89-09 2__ - 10 Yrs . 8 _% 240,037.17 211,585_80 COMMENTS: The amount of City financing changed because the City policy of assessing for trails was discontinued. Also, the feasibility proposed assessing 1000/, of the street cost . The street was constructed to a higher standard i.e. oversized, than needed to serve the abutting properties. The cost of oversizing will be financed by the City. qi) Agenda Information Memo April 16, 1991 City Council Meeting • OLD BUSINESS SPECIAL PERMIT/8' FENCE SURROUNDING SHOOTING RANGE A. Special Permit, 8' Fence Surrounding Shooting Range--Enclosed on page 50 is a copy of a Community Development Department staff report regarding a request for a special permit to erect an 8' boundary fence to be located around the shooting range at Valley Acres. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special permit for an 8' fence surrounding the shooting range at Valley Acres. SUBJECT: SPECIAL PERMIT APPLICANT: CITIES OF APPLE VALLEY & EAGAN LOCATION: SE 114 OF SECTION 8 EXISTING ZONING: I-1 (LIMITED INDUSTRIAL) DATE OF PUBLIC HEARING: APRIL 16, 1991 DATE OF REPORT: APRIL 12, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application for an 8' boundary fence to be located around the cities of Eagan and Apple Valley's firing range has been submitted for Council approval. COMMENTS: At the May 1, 1990 City Council meeting, a Special Use Permit was approved to allow an outdoor firing range for use by the police departments of both Eagan and Apple Valley officers. Security of the site was questioned, and at that time there was discussion of the barrier walls, but not of the 8' perimeter fencing. The 8' fencing with harped wire would provide the necessary security measures for this type of use. If approved, this Special Permit shall be subject to all Code requirements. t�— — �` -�s- / NW 5Q I NE w i . . .. e . . L I - _ -A,, ... ir4 . or ?,. 4 : 1 — OF"' / 4b. \ '')' All / %' /c . 1 , .. / -7*7-1- S,., ZONING MAP STREET MAP • 5-6 Agenda Information Memo April 16, 1991 City Council Meeting SENECA DEVELOPMENT AGREEMENT/SCHEDULE REVISION B. Consideration of Seneca Plant Development Agreement -Proposed Revision to Schedule Regarding Incinerator Odor Control Improvements--At its regular meeting of April 2, 1991, the City Council acted find the Metropolitan Waste Control Commission in default of its development agreement for the Seneca Plant Expansion. The City Attorney's office was directed to undertake discussions with the Metropolitan Waste Control Commission to negotiate a remedy to this default. The remedy would be in the form of an extension of the deadline for installation of the odor control equipment subject to certain conditions for the welfare of neighboring residents. Enclosed on pages fa. through C3 you will find a copy of the correspondence from the City Attorney's office to Metropolitan Waste Control Commission Chief Administrator Gordon Voss. While Council's direction in this regard has been undertaken, there has not been sufficient time to review the proposed conditions with Metropolitan Waste Control Commission staff and, as a consequence, the City Attorney's office is recommending a continuance of this item to the May 7, 1991 City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a continuation of consideration of the Seneca Plant Development Agreement schedule revision regarding incinerator odor control improvements as requested. • �pI • SEVERSON,WILCOX& SHELDON, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW LARRY S.SEVERSON' KENNETH R.HALL JAMES F.PATRICK 600 MIDWAY NATIONAL BANK BUILDING "'SCOTT D.JOHNSTON J.MICHAEL WILCOX*WIOCG7300 WEST 147TH STREET JOSEPH P.EARLEY MICHAEL E. DO LENDA Y APPLE VALLEY, MINNESOTA 55124 WREN M,SOLFEST MICHAEL E. MOLENDA'" CHRISTINE M. SCOTILLO (612) 432-3136 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 • April 9, 1991 / Metropolitan Waste /Control Commission Mears Park Centre 230 East Fifth Street St. Paul, MN 55101 Attention: Mr. Gordon Voss ,ehief Administrator RE: March 2 , 1989 Development Agreement Between the City of Eagan and the Metropolitan Waste Control Commission Our File No. 206-9257 Dear Mr. Voss: As you are no doubt aware, at its regular scheduled meeting on April 2, 1991, the Eagan City Council unanimously resolved that the MWCC was in default of its Development Agreement with the City of Eagan dated March 2 , 1989 . This letter serves as the official notice by the City of Eagan of the default so declared by its Council. This default is a direct result of the MWCC's failure to complete (or being able to complete) the incinerator odor control improvements by October 1, 1991. While the City has been placed into the making of this unfortunate decision, it does seek to reach an appropriate amendment to the March 2 , 1989 Development Agreement,which would allow for the extension of the deadline for the installation of odor control equipment. However, with any amendment for an extension, the City will be seeking the imposition of conditions which it believes will benefit the public welfare of the City without compromising the effect of noncompliance upon the localized residents of the Seneca treatment plant. I would like to take the opportunity at this time to set up a meeting between representatives of the MWCC and the Eagan City staff to review the odor control situation, the award of the contracts and the timing with respect to ultimate completion. • Agenda Information Memo April 16, 1991 City Council Meeting CONDITIONAL USE PERMIT/SPECIAL 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--This item has been before the City Council on a number of occasions previously and is also the subject of pending litigation. Most recently, the Council considered the matter on April 2, 1991 at which time the item was continued with direction that staff and the developer meet to discuss the potential for relocation of the outside storage. The meeting was held on April 8 and Mr. Dave Constable, on behalf of R.L. Johnson, indicated a willingness to consider relocation of the outside storage to an alternate site on the property. Mr. Constable indicated that he would submit a letter in this regard to the City prior to the April 16, 1991 meeting. To date, the letter has not been received, but it will be forwarded to the Council as additional information when it becomes available. For additional information in this regard, please refer jja the Commoity Development Department staff report which is enclosed pages through for your review. Also enclosed for your review on pages through 4 v are the Advisory Planning Commission minutes pertinent to this item and, on pages (,/ through 63 is copy of th ity Council minutes relative to this matter. Finally, enclosed on pages (�is �(j is a copy of Eagan City Code, Section 11.40, outlining the standards for conditional use permits. If staff receives Mr. Constable's correspondence in a timely fashion and can provide it to the City Council with sufficient background for Tuesday's meeting, this item will be in order for approval. If staff does not receive Mr. Constable's letter in time, it will be recommended for a continuation. ACTION TO BE CONSIDERED ON THIS ITEM: 1) To approve or deny a conditional use permit to allow outdoor storage of motor vehicles on Lot 1, Block 1, R.L. Johnson 2nd Addition and a special use permit for a fence in excess of 6' tall as presented or amended or 2) to continue the above referenced item pending receipt of correspondence from the applicant. 5 41 Metropolitan Waste Control Commission April 9 , 1991 Page Two Finally, while the City of Eagan has expressed its willingness to work with the MWCC in reaching an amicable amendment to the Development Agreement, it does so with the intent of reserving all its rights against the MWCC under the Development Agreement for any claim or cause of action which arises for failure by the MWCC to substantially complete the incinerator odor control improvements by October 1, 1991. I am interested in hearing from you and would gladly arrange for an available time for the parties to meet at Eagan City hall. If you have any questions or concerns, please do not hesitate to be in contact with me. Sincerely, SEVERSON, WILCOX & SHELDON, P.A. Michael G. Dougherty MGD/djk cc:,, 4r. Thomas Hedges, City Administrator Mr. James F. Sheldon, City Attorney Mr. Dale Runkle, Community Development Director Ms. Kristy Marnin, Planner 53 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: R L. JOHNSON INVESTMENT CO LOCATION: LOT 1, BLOCK 1, R.L. JOHNSON 2ND ADDITION EXISTING ZONING: Ll (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. s ' 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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' . .., .. . 1 • I - .- • • - . \.., .... . . . . .• - fi. • - . .,.; .. .. . .. • ''‘--- -• . .. - • , .. . . • . .. . , . .:....,.....-..,R r. lierranariniellial '/;•L'41''''''''‘'7:4%." I • • ••' •-' --'. '.i ,5:•,--';';':.„. II-X.4''.t. : .-r-....c. -- '''-• "' ' ;.6.t., - __--_ -.. i;:...44' ....- '..1-7.(1%.0"-t .'(4..',...": -2,,./-•-•?......;",:oe,...,..ys---'z'.p.,-...•-,-:-.....i:-.40%.1,6„,1 .- ,....,..,4.-7.g: - -.. ,_., -1.-,.-.-:.''v.,.,,;.. ,. , -- ... -. -. ......_. ......e.f'•1:,,::: • . ... - - - '... •""'"•.,-.--'----......__ -----'4‘ 1----.-1..' -. ..--,,.. , :::•"_.•7,-Izttr- .--::-_,-;=. .. ----;...."--- . '".1.7.-:;t - •-::-.V.3--..--.....:- - ..7 4.0.,...--:_ ::_----_---.::"--,-..:- .......i.1.-7.-..--.--4€,-----z,. ..- -.;-..:-..4.,.--2.,:,, .....,. - -- -, 5 • Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 20, 1990 CONDITIONAL DSE PERMIT — R. L. JOHNSON INVESTMENT COMPANY, INC. Chairman Graves opened the last public hearing for the evening regarding a conditional use permit to allow outdoor storage in an LI (Light Industrial) district and a special permit for a fence in excess of six feet tall on Lot 1, Block 1, R.L. Johnson 2nd Addition', located along Yankee Doodle Road and Yankee Drive in the southeast quarter of Section 8 and the northeast quarter of Section 17. City Planner Jim Sturm presented an application summary and background of the issue from the staff report. Mr. Sturm explained that R. L. Johnson had been cited by the City for its lack of a conditional use permit for outdoor storage as well as the fence height in excess of 6 feet. Dave Constable, the applicant representing R. L. Johnson, stated that the application was for a secured parking area and not outdoor storage. He felt that the location of the fence still allowed for sufficient traffic flow. He stated that the applicant had received building permits based on plans which showed the fence in its present position and that a certificate of occupancy had been granted after construction of the fence. He further referenced that the City Zoning Ordinance allowed an armory use in this area. He concluded that Jim Sturm had been very easy to work with but that they disagreed on this conditional use issue. Commissionmember Merkley asked for clarification on exactly what types of permits had been approved. Mr. Constable stated that the building permits had been approved. There was additional discussion about whether or not the driving lane between the fence and the building met Code width requirements . City Planner Sturm stated that it was approximately 10 feet in width. Mr. Constable stated that the plans showed a width of 24 feet as required by the Code. Commissionmember Trygg asked what exactly was being stored or parked in this fenced area. Mr. Constable explained that army vehicles were being stored. Commissionmember Merkley asked if the applicant had looked into the possibilities of relocating the storage to a different area. Mr. Constable stated that it would be too expensive to move the fence and that the alternate location would be visible to the Blue Cross executive offices. Member Merkley felt that the applicant must prove that the driving isle met the Code requirements of 24 feet in width. Member Miller stated that the width was not 24 feet and was probably between 15 to 18 feet. He felt as a practical matter not much traffic would go through there. Member Merkley stated that a 24 foot space was needed for safety. Chairman Graves felt that several conditional use standards had not been met. In particular, the traffic flow, the police and fire access , and other vehicular ingress and egress. Member Merkley felt that the location was detrimental to public health. Member Trygg asked if the parking requirements were still net 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. (,0 . Page 8/EAGAN CfTY COUNCIL MINUTES January 3, 1991 CONDmONAL USE PERMrT/R.L JOHNSON INVESTMENT CO., INC OUTDOOR STORAGE/FENCE IN EXCESS OF SiX FEET Mayor Egan Introduced this item as a conditional use permit for R. L Johnson Investment Co.,Inc., to allow outdoor storage in an U (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 SE 1/4 of Section 8 and the NE 1/4 of Section 17. City Administrator Hedges said this Item had been before the Advisory Planning Commission at their December 20 meeting and they had recommended denial. Director of Community Development Runkle said this Item had been discussed a number of times with the remodeling and rental of the facility to the Army Reserve. He said the applicant had fenced a portion of the she 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. Runkle said at that point the applicant had submitted a conditional use permh 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. Runkle 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 allowed to build IL 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 Ctty Planner Sturm had suggested the possibility of moving the fence to the side of the building where other industrial users are located. Mr. Constable questioned whether this was justified for one side versus another considering the reasons the Advisory Planning Commission had given for denying the application. He said the Planning Commission listed two Items of concern and they were: compatibility with the neighborhood and safety. answer, the building was originally approved with Its present layout Mr. Constable said M all places. Gomrnun Development Y� and the drive aisle around the building is 24 feet ftY opment 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 Comsery bulding. 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 riot submitted it for such approval. Councilrnember Pawienty 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 Counci member 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. Councilmember Pawlenty then asked in a review of a building permit application,whether It would be typical to undertake a critical review of the parking lot. Assistant City Attorney Dougherty said other than reviewing whether utilities were available, the review would be of the Interior of the building only. in addition, Mr. Dougherty pointed out that even If the fence were included in the plans,outside storage would require approval under a conditional use permit. Councilmember Pawlenty then referred to the Advisory Planning Commission minutes which quote the applicant as saying that the lower side of the hill 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 if it was objectionable at one location,why It would be more acceptable at another. Councilmember Pawienty 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. Council member McCrea said that Knox Lumber had similar outside storage and said this application was not a great deal different. Mr. Runkle said according to staffs 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 wtth that proposes) and had been the basis for one of the Advisory Planning Commission's concerns. Counciimember 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 Runide said plans such as those presented are reviewed for the building 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 root rotate 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 It was the present location of the outside storage that was infringing upon the drive aisle and the parking lot thereby affecting safety. Johnson had already constructed required a variance, yet one had not been requested. 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. 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 Council wishes as to whether to continue the hem in order for staff to work with the applicant or to deny this conditional use permit and have the applicant reapply at a more appropriate location. Councilmember Pawfenty 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/EAGAN CITY COUNCIL MINUTES January 15, 1991 CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE ILL JOHNSON INVESTMENT COMPANY INC. Mayor Egan introduced this item as rccoasideration of LL 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 Le AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING) " BY AMENDING SECTION B Y'REFSER.ENCEIEAGAN4CITYACODEGCHAPTgZI1NANDUSECTPERMITS;11.g9ND BY ADOPTING 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 a conditional use permit may vary with the specific use and the district in which it is located, all applications for such permits be filed with the Director of Community Development on a form prescribed by the Director of Community Development. (C) Standards : The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 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. (.4 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. • (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 -/:7 / '7441021r- // 4� / - : homas A. gan Its: Mayor ATTEST: gy: . J. vanOverbeke It . City Clerk Date Ordinance Adopted: February 6, 1990 Date Ordinance Published in the Legal Newspaper: February 15, 1990 ( QLP Agenda Information Memo April 16, 1991 City Council Meeting tew Businss, FRONT YARD SETBACK VARIANCE/1612 BLACKHAWK LAKE DRIVE A. Variance, Bob Michalek, of 19' to the Required 30' Front Yard Building Setback for 1612 Blackhawk Lake Drive, Lot 7, Block 1, Blackhawk Glen 3rd Addition—The City is in receipt of a variance application for Bob Michalek at the above-referenced location. For additional information regarding this application, please refer to he Community Development Department staff report which is enclosed on pag�or your review. Please note that the existing garage and the proposed addition both take driveway access from the Blackhawk Lake Place cul-de-sac. Also enclosed on page /' is a copy of a letter received by the City from Dick and Jan Severson, owners of property at 1620 Blackhawk Lake Drive opposing the variance request. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for Bob Michalek of 19' to the required 30' front yard building setback for property located at 1612 Blackhawk Lake Drive as presented. GI CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: BOB MICHALEK LOCATION: 1612 BLACKHAWK LAKE DR PID #10-14352-070-01 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: APRIL 16, 1991 DATE OF REPORT: APRIL 9, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a 19 foot Variance from the required 30 foot front yard setback. COMMENTS: The Variance is being requested to allow construction of an additional attached two-car garage. The applicant states that the Variance is necessary due to recent knee surgery that has made the basement level of the house unusable to the owner. In an effort to centralize all household activities on the main level, the owner's office, laundry room, recreation room, and storage area would be incorporated in the existing garage and the proposed addition will be used as the garage. Due to the lay of the land, the applicant believes the only feasible expansion area is off of the existing garage southward. Staff has noted that, as proposed, off-street parking at this site will be severely limited and parked cars will encroach into the street right-of-way. If approved, this Variance shall be subject to the following conditions: 1. No other Variances shall be granted for this property. 2. All other applicable ordinances shall be adhered to. • c,g ��r NOS ei IS _ "u _1----410 sae sr I _HILLS ROAD 440 A bo 04 5 . -E ; \ e . . 1 N 41 . N e : a g H ♦ i ' J AWK IS oN .. • • AO V .._. ›.30, 111' II • ,,i a 3 S. to 'Q 1 124111 \\N i 3 , y \----4► `.\ \ \\ -------- �C A J' c,�i �' ` '' - M� ` 1 j 14 -- {II IS IS • ••$740114 A. Seal.•141.1 609 1 _ SIGMA Certificate of Survey for: — . SURVEYING SERVICES INC. BOB MICHALEK 4 s 3730 Pitt Knob Rood Eopon.M esolo 55122 1612 Blackhawk Lake Drive _ -- C612)432•3077 444) Eagan, MN / OR•INASE AND UTILITY SASE ARE SHOWN THUS S AI 0 / o 0 N 6603z, \ Stomp 5 tut in mt.,. .M.r.b. 4" /D/ Ind..!•., ed/.In.ns L•f I/Mt, •n! -�• d G t0 foal .n w.•ln, value •lost..// 6O OO /� / S tnatae., ./lemons Strut lines, e. If..n \ \ .1�° •n fn. ♦l•i. o — 0 5 �J o 0 \ set sr,„, ,.* \ \ 0 Denotts iron I!•,enumenl Set \ \ >M Dcnotcs Tr.,. 11‘o..vmtnt F...4 \ LOT 7 \ \ �`,o ��p \ ScSPk\ a� Set S.T.ke \ o'I \ ,�r / \ i Deck \\1 J? ., \t \ • r, , ai II'II\*1 ,�^ \ \ / C(' c' \ l t.,sr• y\• „ r,_ •■.'7. 40 O �o Q ,set Sp.p ' NOUS EI � "� 4 • 1'` II tia / /� SZ I�I�I �• ft LA) /� / �, \ Got age v Q) cj•- tie' I �\,, a,. /0 4T ti / Aa,i tton / M / rt Scole: I��c 40' V"------- v.r� ..0 ` / o ii-e Iit b e A /u 1 /icr C.'%��- 0 i i I __ �l to n/ i s 0 �• ,. ; Di 00 / '' 39.99". ;al; I C.) *\ \).Op ' ' �\a, . At ' ( (/' ‘) Q ° S 58°21't211W I N al BLACKHAWK vafn, 0' LAKE PLACE I PROPERTY AREA 29,494 Sq. Ft. ( 0.677 acre ) A1R0TYCIRS CERTlFICATICH- I hereby certify that this survey, plan pr report _PKC°ERTY DE-SCRIPT 104- was prepared by we or order my direct supervision LOT 7 ,&.CCK I art/ that I am a duly Registered Lard Surveyor BLACKHAWK GLEN 3RD ADDITION girder the laws of e State of Yirves/ota. l/ accoroirt3 to the recorded plat thereof, 10/3/ 4) Date: I Dakota County, Minnesota Wayne . Cordes, Minn. Reg. o. 14575 16 4 April 10, 1991 RE: VARIANCE L7, B1, BLACKHAWK GLEN 3RD ADDITION TO: HONORABLE MAYOR & CITY COUNCILMEMBERS As residents in the Blackhawk Glen 3rd subdivision, and specifically within 200' of the proposed Variance, we urge you to deny the request. This type of proposal could set a terrible precedence, not only in our subdivision, but throughout the City. If it were approved, only two cars could be parked in the driveway and the neighborhood would be subject to more on-street parking. We find it hard to believe that there are no other alternatives available to the proposer of this Variance and what assurances do we have that the existing garage would be renovated for residential use? There would also be no way of knowing if it was to be converted back to garage space in the future. It has been our understanding that Variances to the City Code are for only severe hardships such as for saving trees, or due to the tough topography within the City. We don't believe that this request warrants the deviation from the City Code that is intended to protect all citizens within Eagan. We respectfully request that you take our concerns into consideration and ultimately deny this Variance request. Sincerely, -t- Dick & Jan Severson 1620 Blackhawk Lake Drive Eagan, MN 1 Agenda Information Memo April 16, 1991 City Council Meeting PRELIMINARY PLAT/PARK CENTER 2ND ADDITION/SENIOR HOUSING COMPLEX B. Preliminary Plat,Park Center 2nd Addition/City of Eagan,Consisting of Approximately 6.8 Acres of Previously Zoned R-4 (Multi-Family) Acres for a Senior Citizen Housing Complex Located Along the North Side of Park Center Drive in the Southeast Quarter of Section 30--At its regular meeting of March 28, 1991, the Advisory Planning Commission held a public hearing to consider a preliminary plat for Park Center 2nd Addition for the City's Senior Housing Project. For additional information in this regard, please refer to the C: el unity Development Department staff repo w ich is enclo d on pages 9,3 through Air for your review. Also enclosed on pages Ifthrough is a summary from the Dakota County HRA relative to the conditions and features of the project. Please note that the project is designed to meet the City's requirement for underground parking stalls, but provides 21 exterior parking stalls which is fewer than the code requirement of one exterior parking stall per unit for the 65 units. This variance to the City Code requirement has been incorporated into the preliminary plat approval in consideration of the nature of the senior housing residents in recognition of the fact that most will have fewer than two cars per unit. This design assumption is consistent with HRA experience at other senior housing facilities. The APC is recommending approval of this plat application. Also enclosed on pages 56 througg ( is a memorandum from the Parks & Recreation Department relative to the Advisory Parks, Recreation & Natural Resource Commission recommendation in this regard. Staff has scheduled a conference call with HRA Director Ulfers for Friday morning and the results of that discussion will be forwarded to the City Council as Additional Information. It is anticipated that details concerning use of the congregate facilities by Eagan seniors in addition to those residing at the complex will be worked out by staff. For additional information, a copy of the APC minutes in this regard is enclosed on page, T ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat for Park Center 2nd Addition for the City of Eagan Senior Housing Complex as presented and direction to staff to finalize details of use of the congregate facilities with the Dakota County HRA. SUBJECT: PRELIMINARY PLAT PARK CENTER 2ND ADDITION APPLICANT: DAKOTA COUNTY HOUSING&REDEVELOPMENT AUTHORITY LOCATION: OUTLOT A, PARK CENTER ADDITION EXISTING ZONING: R-4 (MULTIPLE) DATE OF PUBLIC HEARING: MARCH 26, 1991 DATE OF REPORT: MARCH 20, 1991 COMPILED BY: COMMUNTIY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: The Dakota County Housing and Redevelopment Authority, together with Arvid Elness Architects Inc. and the City of Eagan, have submitted an application requesting a Preliminary Plat of 6.8 acres for a senior citizen housing complex located on Outlot A, Park Center Addition. ZONING & LAND USE: North of the site is Rahn Park, to the south and east of the site are the undeveloped outlots of Park Center Addition. West of the site is Cedar Cliff Commercial Park 2nd Addition and Cedar Cliff 3rd Addition (R-1). BACKGROUND: The original Park Center Addition was final platted in September 1990. Initially when Park Center was being proposed, Dakota County HRA was appraising the northwest area of the site for a senior housing site. The entire Park Center Addition plat was platted as five outlots. Specific uses were spelled out for the outlots: 4,500 sq. ft. restaurant; 86,600 sq. ft. retail center; 6,000 sq. ft. retail; 4,800 sq. ft. bank; and the 65 unit senior citizen apartment complex. All of these uses (with the exception of the senior housing--Outlot A) are defined in a Planned Development Agreement. COMMENTS: The proposed project is two three-story buildings (65 units total) with a center car court to be constructed in the first phase. The building, located on the westerly portion of the site, will be constructed of brick and aluminum siding to meet the City's maintenance-free requirement. Underground parking is provided as well as 21 outdoor parking stalls. All setback regulations meet City Code requirements. Access to the site is from Park Center Drive which is a loop street off Cliff Road. The car court is an area used for pick up or drop off to the entries of both the proposed and future building. "73 Two existing stands of mature oak trees were carefully considered during the site planning. One exists along the west property line and the other is located in the north half of the site. Careful grading plan preparation and in the field marking should be done to serve these trees. The trees will serve both as a nice amenity, as well as screening from the single family homes to the west. e GRADING/DRAINAGE/EROSION CONTROL: The grading of the Park Center development included the grading for the street, Park Center Drive, and the adjacent pond, Pond AP-50. The grading did not include the grading of the HRA site. Therefore, this development will be responsible for grading this site. The preliminary grading plan proposes to match the grades of the site as much as possible. Two retaining walls are proposed to be constructed to help save trees. The existing oak trees along the west property line and north property line shall be saved and protected during the grading operation. The existing 15" storm sewer that serves as the outlet for Pond AP-50 that heads to the north along the west edge of this site shall be protected during the grading of this site. The 15" line is approximately 30' deep at the north edge of the proposed westerly building. The Park Center development provided an 18" storm sewer with invert elevation of 897.0 . to serve the west half of the HRA site under City Project #583. The drainage from the west half of the site will be conveyed to Pond AP-50 which is in the southwest corner of the HRA site. The drainage from the east half of the site will be conveyed to the existing 36" storm sewer that is along the east property line. The 36" line drains to Pond AP-25. 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 existing ponding area. WATER QUALITY: The Parks, Recreation and Natural Resources Commission will evaluate whether any additional water quality treatment measures for the proposed development are necessary. J invited space is available to expand treatment ponds on or near the development site. Therefore, a cash dedication will probably be the recommended method of satisfying any additional treatment requirements for this development if they are necessary. UTILITIES: Sanitary sewer and water main service were provided to this site with the Park Center development under City Project #583. An 8"sanitary sewer stub has been provided from Park Center Drive to the south edge of this site with an invert elevation of 895.0. In addition, an 8"water main stub was provided off Park Center Drive to the south end of this site. The water main layout for the HRA site shall include adequate hydrants to provide fire protection to this site. STREETS/ACCESS/CIRCULATION: Access to this site has been provided by the Park Center development through the construction of Park Center Drive under City Project #583. Park Center Drive connects to Cliff Road and when Cliff Road is upgraded, the western connection of Park Center Drive will have a full access opening with turn lanes and signalization at Cliff Road. The eastern connection of Park Center Drive at Cliff Road will be a right-in, right-out only intersection. The preliminary site plan shows the driveway connecting to Park Center Drive will be in one location to serve this site. 7c The construction of Park Center Drive includes the installation of a 6' wide concrete walk along the north side of the street. EASEMENTS/RIGHT-OF-WAY/PERMITS:, Adequate right-of-way has already been dedicated for Park Center Drive, therefore no additional right-of-way will be required. The existing 15" storm sewer that runs along the west side of this site needs to have a 40' wide easement dedicated over it since it is approximately 30' deep at the north edge of this site. An alternative to the dedication of additional easements would be to construct deeper footings for the building proposed to be constructed along side the storm sewer pipe. The deeper footings would be constructed through the old sewer trench down to original ground. This development shall be responsible for ensuring that all regulatory agency permits are acquired prior to final plat approval. ?(me FINANCIAL OBLIGATION - Park Center 2nd Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans Improvement Use Rate Quantity Amount Storm Sewer Trunk M.F. S.017/SF 229,735 SF $3,905 Total La= This parcel also has a pending assessment of$49,239.70 related to the installation of streets and utilities under Project 583. 7 PARK CEN't ER 3RD ADDITION CONDITIONS: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Bl, C2, C4, C5, El, Fl, 01, H1 2. Snow fencing shall be placed around the existing trees prior to any grading. 1 Si • STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obliaations 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 Ricbts-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 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 p1ataprv. con LTS `n2 A • a•• • • • • •` Q4-.• 4 * / . . ...,,\.- 4.. .,.., .-it—. PA44 t4 ?Air-Vift ... . . ,... _ II r .r �0 1b ;i ivwa�� h u , P1 l dt • •—roar q i { • � �! iTL�� _�� �T�� :w•_1rt' r,' iM. ‘'Cfc.,4", II S /( ••• ,f�,4 kiwi ■ a j �- .-•••••. ... 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It . _ " s' -- —SQ■41"-. •\ 1 -. . • -- 1--- R CENTE 2ND P r mTrunk Storm or upgrade Sewer;.:•:::::::::::::: a • ••••••••• q3 DAKOTA COC NTY Housing & Redevelopment Authority 2496.145th St.W. • Ro.emnunt.M\ 55 • 612-423-4S; • F t•12-4.2;-2422 e ` ° EAGAN SENIOR HOUSING PROJECT To be located on Cliff Road in Eagan near: -Shopping and Banking -Medical and Professional Offices -Community Services and Churches The Eagan Senior Housing Project is a sixty-five unit apartment building which is a cooperative effort between the City of Eagan and Dakota County HRA. This project will be designed especially for seniors 55 years of age and older and handicapped individuals. The project will consist of approximately 44 one bedroom units and 21 two bedroom units. Of these, a few will be designed as handicapped accessible units. The apartments will feature: * Carpeting * Electric appliances * Separate thermostat controls * Electronic security system * Emergency call system at bedside and bath _ * Generous closet space * Air conditioning * Garbage disposal SPECIAL FEATURES * Community room with full kitchen and fireplace * Mailboxes located near the main entrance * Lounges * Elevator * Laundryroom conveniently located * Underground heated parking available for an additional charge ELIGIBILITY REQUIREMENTS To qualify for this project, a person must be at least 55 years of age or older, or be handicapped, or disabled*. Tenants must be capable of independent living, and their annual household income must not exceed the income limits as published and revised annually by the U.S. Department of Housing and Urban Development. The current income limits are: 1 person $25,000 2 persons $28,550 AN E`L.AL OM:)R E 1PLCYER * In accordance with Section 223 of the Social Security Act or Section 102 (b) (5) of the Developmental Disabilities Act. Preference is given to applicants who live, work, or have immediate family members living in Dakota County. An additional preference will be given on a portion of the units to applicants who live, work, or have immediate family members living in Eagan. Good rental or credit references are required. Pets are allowed. Rent The following formula will be used for computing the monthly rent payment. The monthly rent will be 30 percent of monthly adjusted income, or a "floor" rent determined by Dakota County HRA. The anticipated floor rents will be: $250 per month for a 1 bedroom* $350 per month for a 2 bedroom* whichever is greater *The floor rents may be adjusted by Dakota County HRA as they see necessary. The monthly rent will not exceed a ceiling rent of the fair market rents as determined by the U.S. Department of Housing and Urban Development. The fair market rents are generally increased annually. The current fair market rents are: $449 per month for a 1 bedroom $529 per month for a 2 bedroom Garage parking will be available for an additional charge of $35. 00 per month. Garage space is optional and will only be assigned at the tenant's request. If you are interested in being on the mailing list for this project, please contact Dakota County HRA at 423-4800. Applications for being on the waiting list are not being accepted at this time. When we start taking applications, everyone on the mailing list will receive an application. On the following pages are floor plans of a project in Lakeville which Dakota County HRA owns. The floor plans at the Eagan senior housing project will be similar. .. . . . .. _ Winsor Plaza UNIT TYPE A LAKEVILLE, MINNESOTA DAKOTA COUNTY HRA 905 SQ.FT. w i iiii ‘ G O ....bk • sm. .._ . MOW amIlr :111111111110•11MILAIIV unarwairimar - -- -IMIllnimalLIUMIIIIIV ,t.' g; // IMIIIIIIIIMI1111111V - 4 •7 11111111111MIIIIIM. . MUM MOW STORAGE BEDROOM 2 ... it us 111/AM EMIL"AIM 1 f-0"X 1 1'-0" 111111•11111.11111 101111111111111111111, - _ _ - .- .. _ - imum• - aniuss = - •. ... 0 0 ; — — — — Rummi. _ / ..N.••• - . _ mama • . . . - • in4wwizr111 l' I LILIILIII:.%ILI= IIIIIIIIIIIIIIIIIIIII , , al 11111111111•11111111M_‘, . 111111•1111111111•11 . ,;. / V \/ - a , ......1 ......1 • ......1 DINING. INIIIIIIIJIL_______I . 1° :s'- )( 11 I , — LIVING , BEDROOM 1 • e x '4 .z g- -9" • 1 f--6"x 14'-6" , t • 0 . . , - ----....„ • -.----...................."------7 II - 4irtfo...) G 9 ; . --,-,4----..-- -IIMIIIIMIV--- -- -- ----1---,- - -- ---- tclrn PLE Root, PLAAJS (1■Ok9 ALL DIMENSIONS AFE APPROXIMATE 1- - -._. . . •..... . WI nsor Plaza UNIT TYPE B LAKEVILLE, MINNESOTA DAKOTA COUNTY HRA 670 SQ.FT ® WI�■■■■■ - ..v. // -__,r......... ■■■■_� i■■■■:.1L 4,,,j • i■■■■■ i , 'Y. �■■■■■■� e*. • i _■•■■■f 1-r k & ■■■■■Els' BEDROOM ." 1 V-0"X 11'-6° \ i ( STORAGE .' ti'-' I I 1 \ < I : \\ I r._...,--,...-, ■■■■■ ' ■E■■■■■ O O i ■■■E■ ■ tr ■■■■■■■■ O O I '■■■■■t■ O■■■■■■- '' E N 0 ■■■■■■■■ i ■■■■■■■L___ n ■■■■■■■ •R URi I LIVING It�hfl it 1j11yZ-6"X 15-9" '' -: g. i IP t ® DINING i",�Y,i,i: t yr.^ya • f 1 Et-6"x 9'-0" q1 - ALL DIMENSIONS ARE APPROXIMATE WinsorfPtaza LAKEVILLE, MINNESOTA DAKOTA COUNTY HRA 635 SQFT. s; Ti _ .- ■.• ■■■■■ma - ■� r,-`�'-. ■/z inminu ■■' ' ,.■!•11 iiJ'J)1■■• $■■■■■■■■.• rilillIrminir r-L4cife. .__ ._ t ; c it 4; BEDROOM 4 1 1'-0"x 11'-6" • 0 i ,5_ ..- \ /\rte /\ 1 ti / I r e � -..' try saimul■■■■■■■ O O� s■■■■■■■ O II.....■ f' �. t nliniii6 ■■■■... ■■■■■■■1 I •••••••l ■t■■•■.I LIVING I■■■■. -- it t� e� .: s ':r= R 1Z-6"x 16-9" 0 t o ® - ' • DINING a-i.ri< ' --©f ' . '-•-6" x8'-9' IU----! •r."` ' ..!p.x -Fww-1i.9,a t - 0 • ALL DIMENSIONS AF€APPROXIMATE - �• .. Winsor Plaza N U IT TYPE E LAKEVILLE, MINNESOTA DAKOTA COUNTY HRA 906 SQFT Ii 3 II' c. O O I ■■ ■. ____ J■■■■■■ ■% -■■■■■•■■■■ = Il■ • . .....m...... ■■-■■ ■■■■ ■ ■ . . ■■■■■■■■■■■■ ■■■■■■......■■■■■■:i in ■■; ■■■trRr r-Tn■■■■■-i.3uuu■■■1 ■■■a►uucL JU.■ DINING r ■■■■■■■■■■■■t ■■■■■■■■■■■■■■■ ■■■■■■■■■■■■° ■■■■■■■■■■■■■■■ 8-6"x 9'-0 ■wmini■■■■■■ i - i.� t I l e STORAG . y ..a \/ F_ -`/ I / ' • x LIVING 4 0 tr f BEDROOM 1 BEDR OM 2 ' 17-O"x 18'-O" 10'-6" x 14'-0" } 9'-9"x 10-0" S. /all N.- ALL DIMENSIONS ARE APPROXIMATE MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR HONORABLE MAYOR AND CITY COUNCIL 01 FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: APRIL 11, 1991 RE: PARK CENTER - SECOND ADDITION - RECOMMENDATIONS OF THE PARK RECREATION AND NATURAL RESOURCE COMMISSION At the Advisory Parks, Recreation and Natural Resource Commission meeting on April 4th, the Commission reviewed the proposed Park Center - Second Addition. Community Development Director, Dale Runkle, reviewed the proposed plat for, the Commission, including the history of the H.R.A. and City cooperation on the project, the number and type of units to be included in the development, building plan profile, site plan, etc. The Commission had numerous questions for staff, including the number of trees that would be saved and/or lost through the project. It was noted that the architectural plan provided for saving a number of trees on the site. There were additional questions in regards to storm water run-off, water quality, protection of trees during construction and landscaping. The Commission took particular interest in the opportunities of a congregate dining area that might provide for senior program opportunities. Dale Runkle had indicated that congregate dining was proposed,but a senior center had not been brought up. The Advisory Commission, felt that this might be an opportunity for the City to explore Senior Center activities other than those being currently provided for in the Fire Administration building. Considering the growth of the senior population in the future, the Advisory Commission wanted to go on record as supporting the review of this site as a possible "senior center". The Commission then went on to make its recommendation in regard to parks dedication, feeling it should be reviewed; this might act as an encouragement for the developer to initiate an activities area for seniors. The Commission then formally made a motion,which was seconded and passed unanimously to recommend to the City Council the following: 1. To preserve the Oak stand by revising the grading plan. (The architect has previously indicated that this could be accomplished) 2. The landscape plan can be revised to provide additional buffer from the park. qo PARK CENTER - 2ND ADDITION PAGE TWO APRIL 11, 1991 3. The developer be responsible for a six (6) foot wide sidewalk on the north side, from Park Center Drive to Cliff Road. 4. Staff review a trail link from the senior center to Rahn Park. 5. The project be subject to a cash parks dedication, with encouragement for the developer to initiate an activities area within the complex. If you would like additional background information on the discussion of the Advisory Commission as it pertains to these recommendations, (in particular, the concept of involving activities area/senior center as part of the senior housing project), I would be more than happy to provide this information for you. KV/bls Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES MARCH 28 , 1991 All voted in favor except Trygg who opposed. Community Development Director Dale Runkle assured that the surrounding residential owners will be notified when this matter is brought back before the planning commission. PARR CENTER 2ND ADDITION - CITY OF EAGAN Chairman Graves opened the next public hearing of the evening regarding a Preliminary Plat of 6.8 acres for a senior citizen housing complex located on Outlot A, Park Center Addition. City Planner Jim Sturm presented a brief background on this project. He stated that there is high expectations for this project and he is pleased to bring it before the commission. He stated he would like to add a condition that the 21 outdoor parking stalls be allowed as shown on the site plan. Kari Gill a representative of Dakota County Housing and Redevelopment Authority, summarized the background of this project. Victor Zeuthen, architect for HRA, stated that they tried to stay away from the institutionalized look and make it more residential, even though they were working on a budget. He informed the commission members that he was there to answer any questions. Commission Member Vorachek asked if the present trees on the property would be saved. Mr. Zeuthen replied that yes they will be. They did everything they could to save all the trees. Commission Member Staehli complemented them on their foresight to see the need for senior citizen housing. A discussion took place regarding what senior citizens would have priority in living in the complex. Staehli moved, Vorachek seconded, motion to approve the Preliminary Plat of 6. 8 acres for a senior citizen housing complex located along the north side of Park Center Drive in the SE 1.4 of Section 30, 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: B1 , C2 , C4 , C5, E1, GI, H1 . . Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES MARCH 28 , 1991 2 . Snow fencing shall be placed around the existing trees prior to any grading. 3. The 21 outdoor parking stalls shall be allowed as shown on the site plan. All voted in favor. ORDINANCE AMENDING CITY CODE CHAPTER 4 - CITY OF EAGAN Chairman Graves opened the next public hearing of the evening regarding amending Eagan City Code, Chapter 4, Section 4 .20 regarding placement, erection and maintenance of signs; and adopting by reference, Eagan City Code, Chapter 1, and Section 4 .99. City Planner Jim Sturm presented a brief summary of the present ordinance and the proposed changes. Commission Member Merkley agreed that a change needed to be made but he was concerned about the change in distance between pylon signs from 300 feet to 100 feet. This issue was discussed with City Planner Jim Sturm. Trygg moved, Vorachek seconded, motion to amend Eagan City Code, Chapter 4 , Section 4 . 20 regarding placement, erection and maintenance of signs; and adopting by reference, Eagan City Code, Chapter 1, and Section 4 . 99 . All voted in favor. City Planner Jim Sturm requested the record show that the Advisory Planning Commission has concerns regarding the 100 feet distance between pylon signs. City Staff would review it further. AMENDMENT TO CHAPTER 11, LAND USE REGULATIONS - CITY OF EAGAN Chairman Graves opened the last public hearing of the evening regarding an amendment to the Eagan City Code, Chapter 11, Land Use Regulations (Zoning) to allow pawn shops as a permitted use in Community Shopping Center districts. ci3 Agenda Information Memo April 16, 1991 City Council Meeting CITY CODE AMENDMENT/PYLON SIGN REGULATION C. Ordinance Amendment, City of Eagan,Amending Eagan City Code Chapter 4, Entitled Construction Licensing,Permits and Regulations,Including Signs,Excavations and Mobile Parks by Amending Section 4.20 Regarding Placement,Erection and Maintenance of Signs, and Adopting by Reference Eagan City Code Chapter 1 and Section 4.99--At its regular meeting of March 28, 1991, the Advisory Planning Commission held a public hearing to 4s Oder the above-referenced amendment to the Eagan City Code. Enclosed on pages through 1Q}is the Community Development Department staff report which includes a copy of the proposed amendment. The APC is recommend' g approval. A copy of the APC minutes relative to this item are enclosed on page .... for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the proposed amendment to Eagan City Code, Section 4.20 regarding placement, erection and maintenance of signs as presented. MEMORANDUM TO: GARY GRAVES, CHAIRMAN ADVISORY PLANNING COMMISSION MEMBERS FROM: JIM STURM, CITY PLANNER DATE: MARCH 21, 1991 RE: PYLON SIGN ORDINANCE Over the past several years the City has been striving to improve the quality of life for the residents by providing a high level of physical services and constantly amending the City Code with stricter design standards. Multi-family building exterior improvements and increased landscaping requirements are examples. Amending the Sign Ordinance is another step in that process. The City Council placed a moratorium on all billboards and directed staff to review the sign criteria within the City Code. During that process, it was determined that the current Ordinance was based on content, however state and federal statutes do not allow a regulation by that means. As proposed, the basic changes are: • It removes any differentiation between signs based on content. • It regulates all signs based solely on the physical characteristics of the sign and the location. Attached is a copy of the proposed Ordinance. City Planner JS/js Attach. • • ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 4 ENTITLED "CONSTRUCTION LICENSES, PERMITS AND REGULATION, INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARKS" BY AMENDING SECTION 4 . 20 REGARDING PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 4 . 99 . WHEREAS, the City of Eagan is concerned about preserving its aesthetic appeal and about the health, safety and welfare of its residents; and WHEREAS, in recent years the City has been concerned about _ - • • - - - the design of freeway landscaping standards ; and WHEREAS, in recent years the City has authorized the implementation of the design of landscaping for City streets ; and _ WHEREAS , the City has undertaken the review of its ordinance which regulates signs to provide for the preservation of the welfare of the City and to protect the safety of its residents . ■0W, THEREFORE, the City Council of the City of Eagan does ordain: The City Council of the City of Eagan does ord-ain: • Section 1 . Eagan City Code Chapter 4 is hereby amended by changing Section 4 . 20 , subds . 1 through 10, to read as follows: Subd. 1 . Purpose, Construction and Definitions. A. Purpose. The purpose of this Section shall be to regulate the placement, erection and maintenance of signs in the City so as to promote the health, safety and general welfare of the residents of the City. B. Construction. All terms and words used in this Section shall be given their common sense meaning considered in context, except as hereinafter specifically defined. C. Definitions. 1 . "Ground Level" - Point of reference for measurement purposes being the top of the curb of the adjacent street to the location of a sign. q(e -5-- --� 2 . "Free standing Ground Signs" - A business sign erected on free-standing shafts, posts or walls which are solidly affixed to the ground and completely independent of any building or other structure. Any bucinccc free atskr4ing ground sign which projects more than seven feet above ground level is considered a pylon sign. esp3- - ' the uec of the prcmiecc upon which the sign is located-r - - _ - - - - _ - - 1 • - - -. • - • •.. - _ . _ - __ - . _ oapted-by—t - 'Cuuii�.11 vn May 19 , 1987 . . "Business Sign" - Any sign upon which thogr'c is ' • - -- related directly to the ucc of the prcmiecc upon which tho sign is located. 4 . "Ron businc3s Cigna" Any sign s ac cchoolc, hccpitale , traffic or road signs, which do not contaii -they are located . -.4 -4-2- 3 . "Pylon Sign" - A buaincoo- sign erected on free-standing shafts, posts or walls which are solidly affixed to the ground, and which projects more than seven feet above ground level , and which has a maximum height of twenty (20) feet. - yon signs, when author3zcd, arc considered a conditional - u3e, c3 defined in the Zoning Chapter, and are subj.act to all . �- -� 4 . "Sign" - Any surface, facing or object upon which there is printed, painted or artistic matter, design or lighting. • -7 -4- 5 . "Sign Area" - The gross area, exclusive of supportive frame, which contains copy or identifying features such as a Logo, character or identifying figure. The gross area shall be calculated as an enclosed area bounded by no more than twelve (12) straight lines. •-8- -5- 6. "Sign Height" - The distance from 4414a- lowermost ground level point to whioh thc sign is attaGlIed, to the highest point on the sign. two (2) years. Subd.-3--2 . General Sign Standards. A. Obstruction of Vision. No signs shall be erected or maintained in such place and manner as obstructs driver vision, or is noxious, annoying or hazardous because of method of lighting, illumination, reflection or location. B. Location to Property Line. No sign shall be located n aver closer than ten feet from any property, right-of-way or dividing line . C. Location to Street, Highway or Railroad Right-of-Way. No sign shall be located nc rcr closer than ten feet from any street, highway or railroad right-of-way, except only residential name signs which -are etta-cheel--to boas- - lamp po3to , or thc like. Po -advertising Sign 3ha11 be loc tcd right-cf-way . D. Moving Parts or _Lights. No signs are allowed which contain moving sections or intermittent or flashing lights, except for intermittent display of time and temperature. E. Source of Lighting. No signs are permitted for which the source of light is directly visible to passing pedestrians or vehicle traffic. F. Painted Signs on Buildings. No signs are allowed which are painted directly upon the wall of a building. G. Construction and Erection of Signs. All signs shall be constructed and erected in a good and workmanlike manner of sound and sufficient materials so as to ensure the safety of the public and in accordance with all reasonable standards employed by professional sign makers. V. No sign, except as provided in Subd. 4 . (A) or Subd. -,5. (b) , shall project higher than one (1) story or fifteen (15) feet above the curb level whichever is lower. Subd. 2-3 . Permitted Uses. A. Political Campaign Signs. Political campaign signs are authorized in all districts. Subsection (A) shall not be construed as authorizing any such signs on public property or on private property where otherwise prohibited. A. Location of Advertising Sign3. Advertising 3igna arc • -B- -A- B. Location of Du s Signs. Business Signs are permitted on property zoned Business, Industrial, Agricultural, Public Facilities, R & D or PD (encompassing these zones) only in conjunction with an approved Business, Industrial or Agricultural use. Except as provided in Subdivision 5.B. , signs shall not exceed fifty (50) square feet in area. -E -B- C. Location of D_s_n=s5 Signs in Residential Areas. s Signs in Residentially zoned areas or areas of PD designation for .residential use only are permitted under the following cases : 1 . "For Sale" or 'For Rent" ground signs, 4 ' X 4 ' located. 2 . Vacant Real Estate "for cafe" gr-od--signs, not over 100 equarc feet, of a land developer, which are located 3 . Area identification ground signs for major apartment complexes . _1 . On any lot containing less than twenty thousand (20 , 000) square feet in area, one (1) ground sign per lot which sign shall not exceed sixteen (16) square feet in area. 2 . On an lot containin• twent thousand 20 000 square feet, or more, in area, one (1) ground sign per lot which sign shall not exceed thirty-two (32) square feet in area. - . ..- - -- - - se . . — -- - - - _ - _ - • 3. Ground signs identifying major apartment complexes or residential subdivisions which sign shall not exceed fifty (50) square feet in area. Subd-. 4, A 4vertici g Sig-s, S w ards. A. Location With Respect to Other Signs. Ns-advertising -sign—shat-1—be located ncar-er to any-ether advcr- -4-sing sign-than 1T-000 tin- - - - - - - c side of thc street, or-44--4n--3-0-O- .14-nea-1 feet of any other advertising sign on the op^^ e °"d° • of thc street. This =pacing requir , -3—t-er-f- •the Coup-i l, be—wa v d f --t ►Porary advcr-t-i-s4-ng--s-i-gns -advert-t-i-s-rng--new—res-iderrtia1 developments—No-advertising-sign-- -nal-1be-l-oeated on a platted-lot which-contains a Bus ess-S gn or within 30-0 feet-of-arm 4-mss4ne ss-Fr-ee-St-a-nding-fir-eund-Sign-or-- ,Pylon-S-i-n, measured-on-the-same-side-of-the-street. - - - ial Proper-t-y--Ne advcr • - - - r-es-i-dentt-- 1 z-o ^, '''-c*-her en the sa ►c or the opposi-te- -i-dc of- -the street. -C. Size-7----No—advertising-- sign -shall exceed 250 square .-feet in--area, Crept-when adjacent to limited-access--highways- in .-w,tic-h ca-sc thc Counoil---sha-11-det-er-m-ins he maximum-siz,e-after -. -- .- ev. .e;,ing--app-li=able Condit ns-- -olud-i g—te-r-rain,—safety .factors, ct-s, . D. He ightt.—N --QUvcrt4 ng—sign—Sha l l-exceed--4 0-feet;- '-Tiea-s- red at lot level, roadway level or a--speei-f-red-po-inter -between--- he two levels as dctem red-byy the-Counei3--The 1-evel -used shall be based on v4s4bility factors fit-en-the adjacent- -r-oadway-Fs-) . Lot- level shall meanthe-he-igh-t-of-the-1-and-at-the -base of-the-sign--T-h-e-applic --s=ue-submit 3agr-ams;d-r-awings, :pictures—and—other—information- -requested--by-the -City -prior to C-ounc-i I-a ct=oz_pv^-this-appl4ca-ti-an. Subd. -5-4 . Building Mounted Business Signs, Standards. A. Number Permitted. No more than ones sign for each major street frontage of a lot containing a one- or two-story building shall be permitted on a building for each business entity located within such building. Any building in excess of two stories shall be permitted no more than one sign for each street frontage of the lot upon which the building is located. B. Design Similarity. All Business signs mounted on a building shall be similar in design. C. Sign Area. -The total area of signs or combination of area of signs mounted upon a building shall not cover in excess of 20% of the gross area of a side. • k 0 D. Sign Projection. No sign mounted upon a building is allowed to project more than eighteen inches from the vertical surface of the building. E. Roof Signs. No sign mounted upon a building is allowed to project above the highest outside wall or parapet wall. Subd. -6- 5. •Free Standing Dusinesa Ground and Pylon Signs, Standards. A. -Free-Standing Ground Signs. Up to one ground sign shall be allowed -per-btu-ildi-ng for each street frontage of a lot. Such signs shall be limited to seven feet total height, with a four foot maximum height of sign area. B. Pylon Signs. Up to one pylon sign shall be allowed per b -lding- lot. When used, a pylon sign is allowed shall be in lieu of a c-s-tan4i-ng• ground sign. No pylon sign may be located with closer than -3.00-100 feet o from any other pylon sign, measured on the same side of the street. No pylon signs shall project more than - - - 20 feet above the let curb-ground level, r- a-dway level, or a cpee4f-3ed—point between the two- levels as determ ne -oun of the lot. The-app-li-cant • _ _ - - ' _ - _ - - gs-,--piGtur-es-a-nd--other-information •r-equest-ed—by--tire City prior to action by-the-Gou-nodl-upon t-he- -agg-34 a-t-i-on-. No pylon sign shall exceed 125 square feet in area per side •e*e-ept pylon-eigns-authorized-under-Subparagraph -C- of --t-his—Subdiv-i-sion . No pylon sign shall exceed two sides. Only one (1) ground sign shall be allowed upon any lot which has a pylon sign. •-e--- a-j-o-r—eo n area i-de i i a t i•o n i-s -req su- - _ - - < <_ • -_ - - - -r, major apartment .-com„p1 :-, ar major--1Adu-s# i-a-l-bu l-d4ng-r-up-to-one-f-r-ee-stend ing or--pylon-sign-ma-y-be a l l-owed-€or-each- na-j-or-ad-j-aoen-t-street:-The- -Count--i 1—sha l-l—determine---t-hc ma i-rnum—s-i z-e-of ter-rev-iewi-ng--he meppl--cable--conditions including-terrains-safety -factors - - C. Freeway Locations. An on-premise pylon sign for identification purposes is allowed for a property located directly adjacent to • a freeway within the City. Any ,•ese. property owner that acquires a permit to erect a pylon sign for visibility from the freeway •idcntif zon may be allowed an additional free =tana_n; ground sign to be located on the side of the property opposite of the freeway. All signs must comply in all other respects with the provisions of this Section. A freeway shall be defined as a principal arterial trig:laay as defined in the Comprehensive Plan. \ \ S Ld. 7 C. Exemptions. Notwithstanding provision -o- -or f-e- �. For talc, lease, or rent signs of real e3tatc w rcrr ioc- - - _ - - - - _ in total copy area. • than six square feet in total copy area. C. One on property church sign for each church site. E- D. Simple information signs, such ms "Exit" , "Loading Dock" , etc. a place of business or used to identify the parking arty of s place of business. Not to exceed - r e—eq a-feet in g==5s area . -0- . -1- . .. • - - t having jurisdiction in the City, er a 3e-hi-eel district within the boundaries of the school district. _ _• - • -- .. . . -O ten- d-ey3 - efter an election, provided such signs contain the name and sddr csa of the individual roopensible for erecting am r •ing t it—sign• --� for special civic events or garage or neighborhood sales, for a period not to exceed twenty days. - . .. - --e - - cigne shall +be limited to- a pet-4-9d of ten days out of any day of installation of the first temporary -c gn to the removal •of all temporary signs _ Subd. 6 . Nameplates. No more than one (1) nameplate for each .welling unit shall be permitted. The nameplate shall not exceed one ( 1) square foot in area and shall solely indicate the name and address of the occupant or a permitted occupation. Subd . 7 . Parking Areas, Standards. Signs designating parking area entrances or exits are limited to one sign for each exit or. • entrance , and to a maximum size of two (2) square feet each. One 074 C. Review of Applications. The rrotectiv Community Development Department shall approve review all sign permit applications except that applications for approval of permits for advcrtising signs, pylon signs—and- any sign requiring a variance shall be submitted to the Council for final approval. D. Return of the Fees. In the event said application shall be denied, the City Clerk-Treasurer shall return the applicant's permit fee, less a reasonable amount determined by the Council which shall be retained as an administrative cost. Subd. 10 9 . 11. Removal. All signs which have not been removed within the designated time period may after due notice be removed by the City and any expense incurred thereof may be • charged to the sign owner or assessed against the property on which they are located. •Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 4 . 99 , entitled "Violation a Misdemeanor" are__ hereby adopted in their entirety by reference as though repeated verbatim. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its : Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: A \ b Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES MARCH 28, 1991 . 2 . Snow fencing shall be placed around the existing trees prior to any grading. 3 . The 21 outdoor parking stalls shall be allowed as shown on the site plan. All voted in favor. ORDINANCE AMENDING CITY CODE CHAPTER 4 - CITY OF EAGAN Chairman Graves opened the next public hearing of the evening regarding amending Eagan City Code, Chapter 4, Section 4 . 20 regarding placement, erection and maintenance of signs; and adopting by reference, Eagan City Code, Chapter 1, and Section 4 .99 . City Planner Jim Sturm presented a brief summary of the present ordinance and the proposed changes. Commission Member Merkley agreed that a change needed to be made but he was concerned about the change in distance between pylon signs from 300 feet to 100 feet. This issue was discussed with City Planner Jim Sturm. Trygg moved, Vorachek seconded, motion to amend Eagan City Code, Chapter 4 , Section 4 . 20 regarding placement, erection and maintenance of signs ; and adopting by reference, Eagan City Code, Chapter 1, and Section 4 . 99 . All voted in favor. City Planner Jim Sturm requested the record show that the Advisory Planning Commission has concerns regarding the 100 feet distance between pylon signs. City Staff would review it further. AMENDMENT TO CHAPTER 11, LAND USE REGULATIONS CITY OF EAGAN Chairman Graves opened the last public hearing of the evening regarding an amendment to the Eagan City Code, Chapter 11, Land Use Regulations (Zoning) to allow pawn shops as a permitted use in Community Shopping Center districts. C so- MINUTES OF A REGULAR MEETING OF THE Eagan,Minnesota April 2, 1991 ....•.•.•. • A regular meeting of the Eagan Ci6t:::.Cpancil ytas:.;11.10d on Tuesday, April 2, 1991, at the Eagan Municipal Center. Present were Mayor Egan aiii1:001*"i60iiiiirs Wachter,Gustafson,McCrea,and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runlde, Director of Public Works Tom Colbert, and City Attorney James Sheldon. It was recommended that Item A,Old Busin*:Resolutiiiii Dakota County Solid Waste Management Strategy, and Item 2,Administrative Agenda,Solid Waste Abatement Commission Recommendation- Dakota County Long-Term Funding Program,be combined0.144iscuss0::Oen the item under Old Business is heard. ••: Gustafson moved,Wachter seconde*iiiiititiiin t6:appitciVa the agenda for the April 2, 1991 regular City Council meeting. Aye: 5 Nay: 0 MINVTES::: The following changes were recoil-10.0:40p the March 19, 1991 regular City Council minutes: • Councilmember McCrea asked that the fcaiii;iiii::6.1,04 replace that shown on Page 6, paragraph 3: :• ..•.•.•. 1. Establish criteria for the locajian a. Where are.pot:000:.:.;;Ioca ions b. Develop - c. Receive input from major users on location feasibility who would be large purchasers of services 2. Funding strategies a. Identify the different funding resources b. Develop a plan 3. Work plan . •. • a. If this facility is going to be buit.i ;.when would it happen b. What kind of objectives would have to be accomplished to make it occur ..•.• . .•.•.•. Pawlenty moved,Wachter seconded a motion to approve the minutes of the March 19,1991,regular City Council meeting as amended. Aye: 5 Nay: 0 Pawlenty moved,Wachter seconded a motion to approve.the minutes of the February 26, 1991 special City Council meeting. Aye: 5 Nay: 0 Councilmember Pawlenty asked Dir oró!ParkiandRelèation Vraa to review the proposed purchase of the equipment listed under Item K, "Accept Bid and AuthoriOlurchase of Large Capacity Mower." Mr. Vraa explained the features of the mower and added that staff hail:done an extensive review with other cities with this large capacity mower and found it would over a period of time reduce labor costs. -4 PAGE 2/EAGAN CITY COUNCIL MINUTES .......................................... April 2, 1991 In regard to Item E, "Appoint Representative to the ?■6%....opo' litan Airports Commission's Land Use Policy Advisory Committee,"it was the consensus of the City Council that Director of Community Development Runkle serve as an alternate to that commie A. Personnel Items • Item 1. It was recommended that the hiring of Mary Mills for the position of Receptionist/Clerical Technician H in the Eagan Police Department be ratified. It was recommended that the hoSting:]0:00:;nnsiergiiictilate interns in the Parks and Recreation Department, Julie Erickson and Benita Sollar, for the spring quarter be acknowledged. It was recommended that the hiring of Brent Tait as a Seasonal Parks Maintenance Worker in the Parks and Recreation Department be ratified. :•:. .•...• .••.•. •.. Item 2. It was recommended that:i;oni4irne piy::.•djifitinent for 1991 for the Police Sergeants to be paid on December 16, 1991, and a 22 cent adjustment to the pay rate as of the first pay period in 1992 be approved. B. Plumbers Licenses It was recommended that the following plumbers licenses be approved: • 1. Cokley Plumbing 2. Doody Mechanical, 3. Glendale Contracting, Inc • 4. Joseph E. Peters Plmnprz48:::::::••••• • 5. Plumbing Service:Centii:" C. Refuse/Recycler License, Northern Disposal It was recommended that the refuse/recycler license for Northern Disposal be approved as presented. D. Exemption from Gambling LidenSC::1'0.:D4ftdta.:Inc.:::::: It was recommended that an exemption from t*gambling:.liCense requirement for Dakota Incorporated .:.::•: be approved. .•••. .•.• :•:•:•:- E. Appoint Representative to the Metropolitan Airports Land Use Policy Advisory Committee It was recommended that Jon Hohenstein be appointed as the Eagan representative to the MAC Land Use Policy Advisory Committee and that Community Development Director Dale Runkle serve as Eagan's alternate to the Committee. ..•.••••• .•:•::.:. F. ARC Recommendation/Comments•ctuntrninFederal Stage 2 Phase-Out Rules It was recommended that the Airport Relations Committee endorsement of the N.O.I.S.E. comments on the proposed FAA rules relative to State 2/Stage 3 restrictio4:nnd Stage 2 phase-out be approved and staff directed to make such other comments as may be appropriate and:Ciinsistent with City policy prior to the April 15 deadline. ■ PAGE 3/EAGAN CITY COUNCIL MINUTES April 2, 1.991 :•:•:•:•:•._. ••••••......::!•••••••••••••••••••••:•:.: G. Set Public Auction Date for Je•:•:•:•1;'101. at 3840 Filk.:ICnob Road (Orr House Site) 10:00 a.m. •:•:::: ••••••••• It was recommended that the City set public auction 41* :for June 1, 1991,at 10:00 a.m.,at 3840 Pilot Knob Road (Orr House site). :•:•••••••• ..•.•.•.•.. ..:.::•:•:•:•• H. Ratify Ordinance Amendment. ChaPf6r:6;:kairuiing Targeted Recyclables It was recommended that the ordinance amendment for Chapter 6, redefining targeted recyclables to include corrugated cardboard and plastic bottles be ratified. I. Ratify Ordinance Amendment cti*O.:kpritiiii:Ciiiiiie for the Advisory Parks. Recreation. and Natural Resources Commission ***********-.•:•:•:•:•••••••••*****•:•:....• .•.•.•.•. ......... ••••••••• ••••••••• It was recommended that the ordinance amendment for Chapter 2,for a name change for the Advisory Parks, Recreation and Natural Resources Commits***ratifieik:: J. Authorize Settlement Agreemed IiI1IBBD on Escrow Account It was recommended that the settlement agreement between the City of Eagan and BBD Investments be approved. K. Accept Bid and Authorize Purcbw of Large Capacity Mower It was recommended that the bids be acCiPitiii.:aPd.:Oie:pgrchase of a Toro 580-D with road light kit and roll-over protection system be authorized in the amount Ott56,2":.6,.. L Contract 90-13.Receive Bids/Award CiintraieetPiiiiit JP-67 Water Quality Pond& Effress Addition ............. ............ Storm Sewerl It was recommended that the bids for Contract 90-13 (Pond JP-67 and Effress Addition Storm Sewer) be received and the contract awarded to the lowest responsible bidder and the Mayor and City Clerk authorized to execute all related documents. M. Project 610.Receive Feasibility Report/OtdoPulllic:!learing(Oaks of Bridgewater 2nd Addition- Streets and Utilities) ••• .•.•.•.• It was recommended that the feasibility report for Project 610 (Oaks of Bridgewater 2nd Addition - Streets and Utilities) be received and a public hearing 4Cduled to be held on May 7, 1991. ......... .•.•.•.• N. Project 589R.Receive Feasibility Report/Order Public Hearin e(Elrene Road and Trails End Road- Utilities and Street Reconstruction) It was recommended that the revised feasibility report for Project 589R (Elrene Road and Trails End Road -Utilities and Street Reconstruction)be received and a public::hearing scheduled to be held May 7, 1991. 0. Project 546.Receive Final Assessment Roll/Order Public Hearing(Cedarvale Boulevard-Overlay) It was recommended that the final a§6disiirieittritribi'Projeki 546 (Cedarvale Boulevard - Overlay)be received and the final assessment public hearing scheduled to be 404 on May 7, 1991. PAGE 4/EAGAN CITY COUNCIL MINUTES April 2, 1991 •1 •P. Contract 89-13,Approve Change #8 (Cliff R.i.kt Water Treatment Facility) It was recommended that Change order #8 to Contrail::89-13 (Cliff Road Water Treatment Facility) be approved for a net increase of $4,662 and;the Mayor.:.0 :city Clerk authorized to execute all related documents. O. Project 564, Cancel Project (Rahncliff 2nd Addition - Street Improvements) It was recommended that Project 564(Rahncliff 2nd Addition-Street Improvements)be canceled and the staff directed to transfer all costs incurred tu:date..to..Projes :609 (Cliff Road Improvements). R. Consider Reappointment of Alternate Representative;q:the Gun Club Lake Watershed Management, Organization It was recommended that the Assistant..City Engineer.be:teplaced by the Water Resource Coordinator •as the City of Eagan's officially designateid::Alternate:::0::::the: Gun Club Lake Watershed Management Organization. S. Receive Bids/Award Seasonal Rental Agreement. City-Owned Agricultural Property. Diffley Road and Lexington Avenue It was recommended that the bid for:t e:rental of City property located at Lexington and Diffley Roads be received and the rental awarded to the only::bidder;.:Mr. Daryl Buecksler, in the amount of$10 per acre or $340. McCrea moved, Pawlenty seconded, a motion to approve:the Consent Agenda as presented. The point was made that Item Q; ''roject''564, Cancel Project (Rahncliff 2nd Addition - Street Improvements) required a choice between two possible actions regarding the costs incurred with Project 564. After discussion, it was the consensus of the City Council that all costs incurred to date for Project 564 be transferred to Project 609, Cliff Road Improvement. Aye: 5 Nay: 0 VACATION/LOT 27, BLOCK 3, EAGANDALE CENTER INDUSTRIAL PARK#4 Mayor Egan introduced this item as a vacatioif.bf a utility:easement on Lot 27, Block 3, Eagandale Center Industrial Park #4. Director of Public Works Colbert said that when this property was platted, it was platted with a drainage and utility easement but when the storm sewer facilities were installed with the development,they were not constructed within the easement dedication. Mr.Colbert said it has been necessary to vacate the old easement and replace it with easement property located over the existing storm sewer facility. Mr. Colbert said all affected property owners were notified, noAjections had been received and staff has recommended favorable action. There was no one present in the:ai►dience to address the issue. Pawlenty moved, Gustafson secondeit` :: oti tfl::to::c106e?the public hearing and vacate the utility easement as described over Lot 27,Block 3,B agandale tenter Industrial Park#4 and the Mayor and City Clerk be authorized to execute all related documents. Aye: 5 Nay: 0:•:::::: PAGE 5/EAGAN CITY COUNCIL MINUTES April 2, 1991 FINAL ASSESSMENT#NEARING (COVEN FRY PASS ADDITION) Mayor Egan introduced this item as::Poject 566,Final:Assessment Hearing(Coventry Pass Addition- Trunk Storm and Sanitary Sewer). City Adaiigii trator,Hedges said that on March 5,the City Council received the final assessment roll for Project 566 and scl edul 4*: i f lic•hearing to consider adoption the roll. Director of Public Works Colbert outlined the background and scope of this project. He said written objection had been submitted by Mr. Leonard Perron, the owner of Parcel 10-02400-010-79. Mr.Leonard Perron,of 4000 Dodd Road :said:;he•did.ppt.:object to paying the assessments on his single- family home,however,did object to the agrictilttiral:land: issessi i t_;.:He suggested the assessments be collected when the property is developed. Additional discussion surrounded the differeitt:4ypes of deferred assessments that Mr. Perron could qualify for While Mr. Perron agreed that that.:4::s.vma:liegligibleilifir green acres status, he could not see the advantage of allowing the interest to contiitiie €o:accrue:eae year. He said it would work well if he knew someone was interested in purchasing the property to develop it in the near future. Mayor Egan pointed out that while it was unfortunate that these large assessments often accrue to the larger parcels of property, costs are incurred by the City for these improvements. He said someone has to pay for such improvements and it is likely that if the property is appraised, the benefit to the property would be justified. Mr. Perron said he did not believe the assessments were too much..but said he just didn't know how he was going to pay them. In answer to a question from the audience as ts:wlry.the developer did not pay the assessments, Mayor Egan said that State statute provides for assessments to.be:spread::among all benefitting properties. • McCrea moved, Gustafson seconded a:::motion to .close::the public hearing and approve the final assessment roll for Project 566 (Coventry Pass Adclitip.n;.!;: iiink::Storm and Sanitary Sewer), noting a formal objection received from Leonard Perron, Parcel>:iQ- 2•40G-019-79, and authorize its certification to Dakota County. Aye: 5 Nay: 0 • OLUBUSWESS RESOLUTION/DAKOTA COUNTY SOLID WASTE MANAGEMENT STRATEGY After brief introduction by Mayor E an, ity. isin ator Hedges provided background on this item and went on to say that a workshop session•hadd be en.scliedided'for April 2 at 4:00 p.m. in conjunction with Dakota County. He said no formal action had been ta#ieh, but Dakota County presented information that had been gathered in the past several years regarding solid waste management. Mr.Hedges said after the County's presentation, they answered questions from the City pncil. Tl.e::item under consideration on this agenda, however, has to do with a resolution concerning the Dakota Coui0iolid waste management strategy. County Commissioner Don Chapdelaine then summarized what they had presented and hoped to accomplish in the workshop session. Beyond the burn facility, the Commissioner reiterated the County's commitment to recycling. Commissioner Chapdelaine then turned his attention to the resolution before the City Council. He apologized for not formally responding to the origina1tesolution in February of 1990. He said the County could agree with all the points in the present resolution except statement dealing with the moratorium on solid waste incinerators. Commissioner..Chapdeaine..said.:S#ich..a moratorium would create an impossible situation for the County Board and would create::0:%ii40*.:14i.e:tieeiple of Dakota County. He said the Dakota County burn facility had received closer scrutiny than any other similar facility in the United States. After Mayor Egan opened the meeting to comments fron ::the public, Mr. Terry Davis, of 4895 Safari Pass,congratulated the City Council on taking time to listen to the County's presentation on the incinerator issue. • 4 PAGE 6/EAGAN CITY COUNCIL MINUTES April 2, 1991 He said the Dakota County Citizens Against:*:Biuning(DCCAB)vii.0.010:1 also like two hours to debate the County's position, however,was aware that the City CO4mdl did not wish to tit°that. He said he and any other DCCAB ....•.• member present would be happy to answeriaq.question on Emjr.:ii.oint made by the County. Mr.Jack Mueller,1903 Silver Bell Road Mr Tim floa,3812 Country Creek Way,Mr.Pat Wigleitner, 4628 Kingsbury Drive; Mr. Mike Miller, Deer Hilts.tialf(Mr. Mark Knauf, 3634 Denmark; Mr. Bill Samson, 1033 Beatrice; Mr.Tom Nelson, 1450 Ponderosa;Mr.Michael Hager,904 Sudberry Lane;Mr.Al Bachel, 1485 Lone Oak Road; Mr.Ray Curran,4224 Sandstone;and Mr.Craig Kohler,2073 Jade Lane all spoke in favor of the burn facility. Mr. Dave Evans of Apple Valley,•lint1:344:•141.thael:OiOng.. e of West St Paul, both members of the Dakota County Citizens Against Burning (DCCAB) 41oke in .tiii■osition to the burn facility. Both urged alternatives and asked that the City Council support the resolution Which included a moratorium on incinerators in the State of Minnesota Discussion also ensued with the County and the DCCAB group taking different positions on the safety of the burn facility, psr,44,:**.r..elatiilg.to dioxin and mercury contamination. -:•:•.....••••••••:•••• :•:::-:•:::•....:•:. .•:•:::::::::•:••• Mayor Egan asked if 50 to 55 percent participation in recycling would eliminate the need for a burn facility. Mr. Barry Shady of the Dakota County staff said no and added that going from 30 percent recycling participation to 50 percent would constitute a major change. County officials categorized any participation above 50 percent as extraordinary. Councilmember McCrea then raised the issue of reductions in the funding for recycling. Dakota County Administrator Lyle Wray said his office was studying the cost and long-term funding for recycling. He said they expect a report:Wl*:•cpmpleted in June. Councilmember McCrea said even if the burn facility proceeds, she hoped Dakota Cati:**010121:POPl-inue to recognize the importance of recycling. • The City Council then discussed the resolution under Consideration. While they agreed both the County and the DCCAB group presented convincing argOi*Rt.si:Oliti *.ii:•Some question as to what any City Council action could or would do. Councilmember GustatiOriWif•lie was leaning toward reiterating support for the February 19, 1990 resolution and hoped that:iV:41i1:i6Move the Council from the issue. Mayor Egan added that the DCCAB group and the County Board had been studying the issue for a number of years and expressed a certain degree of frustration at being in the awkward position of interfering with another government agency. He added that while the City Council has a duty to express their views, the last thing he wished to do was take a careless or reckless action. Councilmember Pawlenty expressed similar sentiments and urged dialogue between DCCAB and the County on the incinerator issue. .•:-:•:•:::•:•:-:•:•: :•::: Gustafson moved, McCrea seconiteita.iiiiitioil46:aiI6jitille Solid Waste Abatement Commission's recommendation to encourage Dakota County to ret*ireasonali•IO:levels of funding for local administration, promotion and operation of City recycling programs(4a;level of approximately$2-$3 per year) and further,the capital funds retained by the County be dedicated on tlili:tasis of one half of the capital grants to cities and one- half to specific solid waste needs, such as household hazardous*We. Aye: 5 Nay: 0 Gustafson moved, Wachter seconded a motion to strongly reaffirm the City Council's resolution concerning the proposed Dakota County resource recovery facility of February, 1990 as amended and reflected in Exhibit A. Aye: 5 Nay. 0 SENECA PLANT DEVELOPMENT.:AGREEMENT Mayor Egan introduced this item as OriSi$0.4*.git,$0*.a:Plant Development Agreement-Proposed Revision of Schedule Regarding Incinerator Wei-ContrbT Improvement. City Administrator Hedges provided background on the item and said the City Council had asked OW:City Attorney to look at the development agreement and report to the City Council on what his.office felt:are the alternatives and considerations that should be given to this matter. PAGE 7/EAGAN CITY COUNCIL MII�IUTES April 2, 1991 As a result of the recent notificaticni Eby the MWCC tha 'i tey have changed the type of equipment to be installed at the Seneca Plant and the time:Frame for its installation, City Attorney Sheldon enumerated four alternatives available to the City Council; 1. Hold the issue in abeyance and make:a ion at''a later time 2. Review the documents that are presented to the City and grant an extension to the MWCC. 3. Direct a renegotiation on a time extension with bargained for alternatives that the City considers appropriate. 4. Determine that the MWCC is in default and litigate on the contract or,in the alternative,litigate on other issues. The City Council reached an early consensus on the::.alternatives and determined that the most appropriate alternative would be to renegotiate a conditional extension of the time frame in which odor control equipment improvements will be made by the MWCC at the Seneca plant. They agreed, however, that any conditions to the time extension should be as:stm :as possible:and:that these conditions would be reviewed by the residents affected by such an extension.:`it was'also deemed imperative that the conditions be prepared as quickly as possible so they could be returned for action by the Council at their regular meeting on April 16, 1991. After discussion,the City Council asked the City Attorney to issue a notice of default of the development agreement for the Seneca expansion and upgrade. City Attorney Sheldon said the notice could be issued and in the interim, the extension with conditions,could be pursued and if unsuccessful, litigation alternatives could be considered. Councilmember Gustafson posnted:out that an extension would be contingent conditions upon the condi i � ons and if the right set of conditions could be agreedt:upon,fhe:City Council would then consider an extension. • Betty Bassett, 2101 Wuthering Heights ROad, said she.::wa.generally in favor of the proposed action. She said it seemed the most reasonable because::fines.:against::tit MWCC would not take away the odor and delaying the permit would not solve their.,dilemtiiit, She*asked that various methods of accelerating the construction schedule be considered as condsttt iii .••• Mr. Harold Vogt, representing the MWCC, said they were willing to work with the City on any conditions. Mr. Al Ahrens, 2133 Silver Bell Road,.said,the:delivery.dates of equipment for Seneca should be part of the conditions. Mr. Ahrens said Mr. V; ()40l m4j e4 .0 at:the MWCC would be meeting with the equipment vendors next week. Mr.Ahrens pointed outtliat'the MWCC had said the same thing at the March 5th meeting, City Administrator Hedges asked Mr.Vcigtif it would:be acceptable to have a City staff member present at the contract meetings with vendors and Mr:.:Vogt said it:would. Mr.John Westley, 1747 Bluebill Drive,asked that one of the conditions for extension be an alternative to sludge incineration. He mentioned the dioxin problems associated with incinerators and suggested the alternate method of in-vessel composting. Mayor Egan reminded Mr.Westley that the issue before the Council was how to address the default of the development contract for the expansion and upgrade of the Seneca plant. Mr. Westley said the City should still pursue an environmentally.-correct solution to the problem and take a proactive stance. Discussion then turned to the issue.:of:ash:om.theslpc a::incinerator being dumped in Fort Snelling State Park. It appears the ash disposal has been be*:00*.t(44:0ie.tifiOnesota Pollution Control Agency,however, Director of Community Development Runkle said his department would look into the matter. NIL PAGE 8/EAGAN CITY COUNCIL MINUTES April 2, 1991 McCrea moved,Gustafson second ;a motion to direct gaI counsel to draft a notice of default of the development contract for the expansion and.upgrade of the Seneca.plant and to draft conditions for a conditional extension of the deadline for the installation:of.odor control equipment under that upgrade. Aye: 5 Nay. 0 CONDITIONAL USE PERM ITJI : :.rO NEON INVESTMENT COMPANY Mayor Egan introduced this item as a Conditional Use Permit for R.L.Johnson Investment Company, Inc. to Allow Outside Storage in a 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 Doodle Drive in the Southeast Quarter of S tiii.$: id:the;N0444 t Quarter of Section 17. City Administrator Hedges said this item was referred back to•the:AdV*ity:Pli nn + :;Commission on February 26, 1991 and was to be considered at the March 19, 1991 regular City::Council:0e.eting; however, the applicant requested a continuance. Mr. Hedges said the Advisory Planning Commissionis recommending denial. Director of Community Developmept:Ri ii a descr bed:iiie application and its location and said that since the Advisory Planning Commission:•had''i ecomnietided-.denial, staff has been attempting to find a compromise. Mr. Runkle said the applicant was willing to meet with staff and find a solution. Pawlenty moved, Wachter seconded a motion to continue to the April 16, 1991 regular City Council meeting the conditional use permit to allow outdoor storage and a special use permit for a fence in excess of six feet for R. L. Johnson Company. Aye:...5 Nay 0 S1N STOP SIGN PETITION;:SAFARI PASS:AT SAFARI TRAIL Mayor Egan introduced this item as Consid rat cm:of a Stop Sign Petition at Safari Pass and Safari Trail. Director of Public Works Colbert outlined thepettion that had been received to install stop signs at the above location. He went on to explain that speed'studies had been done showing no accidents but some evidence of vehicles exceeding the speed limits. Mr. Colbert added,however,that staff could not find any warrants to justify installation of the stop signs. Mayor Egan then opened the meeting.to.p.ubiic.comment....Mr. Brian Berseau, 1947 Safari Trail; Mr. Edward M. Evans, 1952 Safari Trail; and Mr;:Milce:14 set;:48:'7$:Safari Pass all expressed concerns about the safety issues involved. All mentioned the .steepness of the hill on Safari Trail, the speed of the traffic going through the area, and the number of children who live ii:the neighborhood. All believe that placing a stop sign at this intersection would slow the traffic down. Mayor Egan and Councilmember Gustafson both agreed:that safety was a number one concern; however, studies have shown that signs placed in the wrong location can be just as uncafe as no traffic control at all. Councilmember McCrea said that the petitioners were from her neighborhood. She said Safari Trail had become a major thoroughfare and indicated that safety was becoming a concern. After further discussion, McCrea moved, Pawlenty seconded a motion to receive the petition and approve the installation of stop signs at Safari Pass and Safari Trail: Aye: 5 Nay 0 STOP$141:!'EiTIiDN : DIAMOND DRIVE AT SAFARI LANE Mayor Egan introduced this item as Consideration of a St6ii:Sign Petition for Diamond Drive at Safari Lane. PAGE 9/EAGAN CITY COUNCIL MINUTES April 2, 1991 Director of Public Works Colbert said a petition had beeikgxeived as a result of an accident in this area in September of 1990. Mr.Colbert said the petition was not specific.as to the location of the stop sign. He also pointed out that there are site restrictions-;at::the intersections:;:.Nr. Colbert said it is an offset intersection consisting of two T-intersections. He said S#ab6statute..i44 C3les that if traffic is to be controlled at a T- intersection, the through movement will not stop;:.:: ::said:w a this offset intersection is unique, he did not believe installation of stop signs would have prevented the accident. Mr.Colbert said the intersection does not warrant a stop sign. There was additional discussion as to whether there should be an advisory sign near the intersection warning of conditions; however, there were also concerns that such signs would confuse the issue. Gustafson moved, McCrea seconded:a::prpti4A::01neceithe petition and deny the installation of the stop sign on Diamond Drive at Safari REQUEST OF WAIVER TO WARRANTY.MAINIENANCE BOND REQUIREMENT FAIRWAY 1If $ ADDITION Mayor Egan introduced this item:ias::::::IFequest:::cif:a:::Waiver to the Warranty Maintenance Bond Requirements in the Fairway Hills Addition - Project 86-W. City Administrator Hedges said that Mr. Roger Derrick was not present to address the issue, however, a meeting had been held with Mr.Derrick and Director of Public Works Colbert regarding the warranty maintenance bond. Based on the past practice of requiring warranty maintenance bonds, Gustafson moved, Pawlenty seconded a motion to deny the request for:�**fer:.to City Code 13.30, Subdivision 15, Section C, Paragraph 2 (f). Aye: 5 Nay 0 COMPREHENSIVCOUIDE PLAN/.REZONING WEIERKE TRENCHING.&;EXCAVATING COMPANY • Mayor Egan introduced this item as:: :Coiiiprehensive Guide Plan Amendment,Weierke Trenching& Excavating Company, Changing the Land Use Designation from D-I (Single-Family) to NB (Neighborhood Business) and a Rezoning of Approximately 2.4 Acres from AG (Agricultural) to NB (Neighborhood Business) Located Along the Southwest Intersection of Dodd Road and Cliff Road in the Northwest Quarter of Section 36. City Administrator Hedges said a letter had been received from the applicant asking that this item be removed from consideration. Pawlenty moved, McCrea seconded a motion fo reinove*.from consideration the comprehensive guide plan amendment for Weierke Trenching & Excavating:Company:changing the land use designation from D-I (Single-Family) to NB (Neighborhood Business) an4::the rezo g of approximately 2.4 acres from AG (Agricultural) to NB (Neighborhood Business)located a'oag the southwest intersection of Dodd Road and Cliff Road in the northwest quarter of Section 36. Aye: 5 Nay: 0 CITY CODE AMENDMENT/PAWN SHOPS IN CSC Mayor Egan introduced this item as an Amendment, City of Eagan, to the Eagan City Code, Chapter 11, "Land Use Regulations" (Zoning) to Allow Pawn Shops as a Permitted Use in CSC (Community Shopping Center) Districts. Because this item has not yet receivedd:at iqn 1y.** visory Planning Commission, McCrea moved, Gustafson seconded a motion to continue an amendment to the City Code, Chapter 11, relative to land use regulations of zoning to allow pawn shops as a permitted use in qtr (Community Shopping Center) districts. Aye: 5 Nay: 0 PAGE 10/EAGAN CITY COUNCIL April 2, 1991 .•:-:•:•:•:•:-::•:::•.:•:•::.•-••••••••••:.:.:.:.••••••• •'''•• :•:•:.: .•.•.•.•. •:.:•:•:. P...;,..MOSTMAYgl'AMPA .....•.• ADmusasTRATIoN/MgmTNANcg:t0iiirry FAX MACHINE Gustafson moved,Wachter seconded a nidildiiii:kii)prove the purchase of a Konica 810L plain paper fax machine. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN MAP FEE Gustafson moved,Pawlenty seconiaiiiiiibilb#40:iiiiei4iIie City's fee schedule to include a charge of $3 for the 1991 comprehensive guide plan map Aye 5 Nay •.•:•:•:: RESOLUTION/MnDO1:.COST PAMCIPATION CITY PROJECT 600:;;.:ROF.ER:ROAD/TH 149 Gustafson moved, Pawlenty seconded a motion to approve a resolution requesting MnDOT cost participation in City Project 600, Becker Road - T.H. 149 for highway widening and intersection signali7ation. Aye: 5 Nay: 0 SPECIAL CITY COUNCIL MEETING •.•. ••.•. Gustafson moved,Pawlenty seconded to approve April 9, 1991 at 530 p.m.as the next special City Council meeting date. Aye: 5 Nay 0 CHECKLIST •' Wachter moved,Egan seconded a 0:604:i6iiiprove the checklist dated March 28, 1991 in the amount of$497,810.40. Aye: 5 Nay: 0 ADJOURNMENT City Council adjourned the regular meeting at 11:07 p.m. :.:::::::::::::::••:•:•:•:•:•::.: KF CITY::QF EAGAN •.•.•• :•:•:-: •••••• •:-:-:•: E.J. VanOverbeke, City Clerk EXHIBIT A CITY OF EAGAN REOOLUTZWOONCERNING PROPOSED DAXOTA cogumutooltoo RECOVERY FACILITY .•.•.•.•. WHEREAS, Dakota County is responsible under Minnesota Statute to develop a comprehensive scOil waste management strategy, and .................•.•.•.•.•.• WHEREAS, such sties are required by statute to include, waste reduction, reuse, recycling, yard waste management and waste processing components, and WHEREAS, Dakota:...::::Cfpunty..:Als adopted a solid waste management strategy coiif44:::•.:::iiitwaste reduction, reuse, recycling, yard waste composting,: and *.4iste processing components; and .•.•.•.•. WHEREAS, Dakota County ..:1100:*:::txpressed an intention to undertake the construction:::•.:6f a *eiOurce 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 welfa:** of Dakota County residents including citizens of Eagan, NOW, THEREFORE, BCIT RESOLVED that the City of Eagan strongly urges that, before final decisions are made concerning the construction of a resource-.:0004ry facility, the Dakota County Board of Commissioners maize the use of more environmentally sound alternatives, including education, promotion of waste reduction, reuse, recycling, composting and the reduction and safe disposal of hazardous wastes, both residential and commercial, and BE IT FURTHER RESOLVE. .that the City of Eagan reiterates its position that any 4t.r..a0gy.:Jmplemented by Dakota County incorporate a centraliiedieparitIdin- component to complement reduction and source-separativb recycling strategies and to maximize the removal of recycla4es aid hazardous wastes from the waste stream thereby mitigating the•:;: potential for incomplete incineration of hazardous materials, end 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 i*pacts including procedures for constant monitoring of the operations to detect and mitigate impacts of any malfunctionsAr14::::: BE IT FURTHER RESOLVED ihif, . if environmental standards at such a facility are not met, the:::::: 4ty of Eagan insists that procedures be in place to insure prOmPt and effective action to correct the situation and prevent any reoccurrence. r CITY EAGAN C \\ .B t y� test: 'v! _%A1 �'I • Its erk Motion made by: Gustafson Seconded by Wachter Those in favor: All Those against: None Dated: February 20, 1990 ..CERTIFICATION I , E.J. VanOverbeke:, ::C3:erk, of the City of Egan, Dakota County, Minnesota, do herebyertify::tiat the foregoing resolution was duly passed and adopted :.by the„.0 #'y Council of the City of Eagan, Dakota County, Minnesota:;:::::::in::: a regular meeting thereof assembled this ;.()-1H. day cf::.: :: .r � , 1990. lE. .k. a/Y*‘-0t.),3 VanOverbe e, City Clerk City of Eagan