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09/03/1991 - City Council Regular VI. OLD BUSINESS (ORCHID) CI A. APPOINTMENT to Airport Relations Committee Vacancy l �p B. COMPREHENSIVE GUIDE PLAN AMENDMENT, Semper Holdings, Changing the Land Use Designation from PF (Public Facilities) to CPD (Commercial Planned Development) and a REZONING to a new Planned Development District with Specific Uses on Approximately Ten Acres Located Along the South Side of Cliff Road, West of Rahn Road, in the NE 1/4 of Section 31 9. (kKe'C. Single-Family Mortgage Bond Restructuring VII. NEW BUSINESS (TAN) 17 ,( S OA. PERMIT Application, Danny Stevens, Dance Hall at 1380 Duckwood Drive I IS ( B. ADOPTION of Proposed 1992 General Fund Budget ,( ri./C. CERTIFICATION of Proposed 1992 Property Tax Levy D. CERTIFICATION of 1992 Budget Hearing and Continuation Hearing Date ;((5 - E. RENEWAL, General Liability/Workers Compensation Insurance July 1, 1991 - June 30, 1992 1 F. BUILDING PERMIT, Easter Lutheran Church, 4200 Pilot Knob Road, City Code Section 0,�� 11.20, Subd.7 /elic. VARIANCE, Gary and Lee Myhrman, of 4' to Required 10' Sideyard Setback, 1379 St. Andrew Boulevard r�, (-�H. CONDITIONAL USE PERMIT, Northco, to Allow a Day Care Facility in an NB (Neighborhood Business) District on Lot 1, Block 1, Blackhawk Plaza Addition, Located Along the I� North Side of Diffley Road, West of I-35E in the SE 1/4 of Sec 20 / I. CONDITIONAL USE PERMIT Thiesen Vending Company, to Allow more than Three Amusement Devices in a CSC (Community Shopping Center) District on Lot 1, Block 1, of the Eagan Convenience Center Addition Located Along the South Side of Duckwood Drive, East of Krestwood Lane, in the NW 1/4 of Sec 15 P� f6 J.- CONDITIONAL USE PERMIT, Holiday Stationstores, Inc. , to Allow Outdoor Displays and Storage in a CSC (Community Shopping Center) District Located on Lot 1, Block 1, Mari Acres 2nd Addition, at the NW Intersection of Nicols Road and Cliff Road in the SW 1/4 of Sec 30 P2.01K. CONDITIONAL USE PERMIT, The Dante Corporation, Ltd. , to Allow an On-Site Manager's ' Residence for a Storage Facility in a LI (Light Industrial) District Located on Lot 6, Block 2, Sibley Terminal Industrial Park, Along the East Side of Terminal Drive in the SE 1/4 of Sec 8 O L. ORDINANCE AMENDMENT, City of Eagan, Amending Chapters 11 and 13 of the Eagan City Code � Pertaining to General Requirements for "Past Delinquent Bills" VIII. ADDITIONAL ITEMS (GOLD) IX. ADMINISTRATIVE AGENDA (GREEN) R. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING SEPTEMBER 3, 1991 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. CITIZENS' GROUP, Discussion Independent School District #196 Bond Referendum B. POLICE DEPARTMENT i1 1. Special Hunting Permit, Jon Yanta, 2927 Ewing Avenue South IV. 6:55 - CONSENT AGENDA (PINK) P• A. PERSONNEL ITEMS B. LICENSES, Plumbers & Water Softeners gal C. LICENSES, Wally Shaver, Amusement Devices at Durnings Restaurant g D. RECEIVE Bids/Award Contract - Municipal Buildings Phone System r�.�►E. RATIFY Notices to Isaacson & Fritz Regarding Removal of Trailers n �I F. LICENSE, Shows and Solicitation Permit for Mitch Knoll, Autumn, Inc. 4,1p G. RATIFY, Joint Powers Agreement, Firearms Training Facility An.4PH. PROCLAMATION in Support of Dakota Funfest, September 21 and 22, 1991 `r 04. PROJECT 588, Receive Final Assessment Roll/Order Public Hearing (Silver Bell Road - Watermain -11 .5. PROJECT 585, Receive Final Assessment Roll/Order Public Hearing (West Publishing 3rd Addition - Trunk Storm Sewer) 03 K. PROJECT 533, Receive Final Assessment Roll/Order Public Hearing (Diffley Road - Streets & Utilities) 0,`t2> L. VACATE Drainage & Utility Easements, Receive Petition/Order Public Hearing (Lots 7, i .�[[,r 8, and 9, Block 5, Bur Oak Hills 2nd Addition) Y M. RESOLUTION Authorizing Finance Director to Declare Intent to Reimburse Costs of 1 � Improvement Projects with Bond Proceeds fo.`t N. FINAL PLAT, S Todd Rapp Addition 11 0. CONTRACT 89-09, Approve Final Payment/Authorize City maintenance (Johnny Cake Ridge Road - Streets & Utilities) 4' P. VACATE Utility Easement, Receive Petition/Order Public Hearing (Unisys Park 2nd P. Addition) ,`, Q. LICENSE, Tree Maintenance Contractor, Gary Amundsen Tree Removal V. 7:00 - PUBLIC HEARINGS (SALMON) 0,7 A. Final Assessment Hearing, Delinquent Utility Bills Sg B. PROJECT 372, Final Assessment Hearing (I-35E, Streets & Utilities) eC. VACATE Drainage & Utility Easements (Lots 7, 8, & 9, Block 1, Manor Lake Addition and 0415-1 Lots 1 & 2, Block 5, Manor Lake 2nd Addition) MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 30, 1991 SUBJECT: AGENDA INFORMATION FOR THE SEPTEMBER 3, 1991 CITY COUNCIL MEETING ;;ADOPT AGENDA/APPROVE MINUTES S After approval is given to the September 3, 1991 City Council agenda and the regular meeting minutes for the August 20, 1991 meeting, the following items are in order for consideration. DEPARTMENT HEAD BUSINESS: CITIZENS' GROUP/REFERENDUM A. Citizens'Group,Discussion Independent School District#196 Bond Referendum--Cathy Baumann has contacted the City of Eagan representing a citizens' group which has been set up to specifically explain and provide information regarding the Independent School District #196 bond referendum which is set for the November elections. The group has requested time on the Eagan City Council agenda for an approximately 10 minute presentation after which they will answer questions. This group has informed staff that the reason that the group was formed was that these citizens/residents felt that the last bond issue was not passed because of a variety of misinformation which was circulated. The group wants to provide accurate information regarding this bond referendum and to answer any questions that may exist. They are appearing before various City Councils and other organizations. No action is required on this item. B. POLICE DEPARTMENT Item 1. Special Hunting Permit,Jon Yanta, 2927 Ewing Avenue South, Minneapolis—The City has received a request from Jon Yanta of 2927 Ewing Avenue South, Minneapolis, for a special hunting permit for deer, duck, goose, and pheasant on land owned by the Kennealy's in Section 18. The permit application is currently being reviewed by the Police Department. The permit application, including the Police Department approval is enclosed on pages through 3 . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a hunting permit for Jon Yanta of 2927 Ewing Avenue South in Minneapolis as noted above. SPECIAL RUNTLNG PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT 1. Name ---- Y J°J°'''' AK / r, yt,t y/1N / ,3;,4 y AA/TA 2. Street Address: ? z �;/i i�✓ S • 3. City/State/Up Code: 7( PI s ,K Ai .s s y/ to el s Al/v s-5-ji/ IMPORTANT INFORMATION FOR THE APPLICANT Appiicatioa�x411 be considered for parcels of property of Eve arses or more Igh and sorbed'agricultural.' Hunted wildlife shall be deer (bow or rifle),goose, duct;pheasant and partridge only. Exceptions to this policy wilt be the prerogative of the Eagan City Council. The maximum dates of the season for each wildlife bunted shall ;..-‘iadde with the bunting dates established by the Minnesota Department of Natural Resources (DNR). The Eagan City Council away.t+ its discretion, reduce the season for each reouested permit within the DNR season. The Eagan City Council may deny any applic9�c- for special bunting if the permlr, does not serve the purposes of wildlife management, even U the applicant has complied with all of toe requirements. Anv bunter listed in thi : .li :tion may bun •nh when accom.:nied .v he - .•li.:n A %...v if .i .-rnzl n. : .. a. i,_ tcie frwt!Dr R+`t,t 1.c ror .i d .ot u!' .tii x e !cr erIfIczt ar, b: w: Eagan PacT t a:tm $. 4. Property Owner's Name (written permission from the property owner must accompany this permit application): 1 U k UJ , ke /`l/� .t4iy ( tt-0R1 174.4 Pc.tnm■SSrevt w; l/ Pc fetvvrDED S¢ r -Fat Co✓NG 1 "-re 1,"9) S. Property Location Description: /V/c o IS '17. o/.../ .7-7::./L) - Ec i /c)&) /6j v c ,",,/-1,,. -2_1 -- iR 2 3 6. Type of Game to be Hunted: 1D i,s2, Dyck 5� 7. Specific Hunting Dates: 5..c?; J3"tin J / (,c.eQ. o-A.nd Pit nSA -)fc3IS ` ( lu i . IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY _„ Name (Beginning with the Applicant): I 9. Address: 1 10. Vehicle 24 z7 fL ' A� S• License # rce \/ l'U/9 Mf /5 N'") ss' 'i' '2-f>1 - FRS ! tM ,/ 21/6 ��1 n LA�i, zqz_-rA B .S, M F Ea GA� MJ�I SS'/2 ? q e -l-ECG µlice izCGNtE2 5vyo PLLAsr�; Awc� //4")g; 1i kIEF6e R;can cis. It /•)IC Ao(i5 11419 v j kr� VP-I L 13; 4.,r Pti^1Alf. .N^J .JEFF o/S ', 5COY1 wKcC, Z5Ci<5 Vont 11000 ..> • 1�� pg-i•iRtt w.) 11. Police Approval • No 12. Approval Date: 13. Expiration Date PHONE ST. PAUL 454-4047 OR 454-5720 "e c e Sand ectoquifey 2115 SILVER BELL ROAD ST. PAUL. MINNESOTA 55122 "A TRUCK LOAD OR •TRAIN LOAD" �- C o P�l / i ttA A 5 'rl" •55 ) f7Pli - August 15, 1990 Mr. James Yanta and Party 2116 Emerald Lane Eagan , Minnesota 55122 THIS IS A LEASE AGREEMENT BETWEEN MR. JIM YANTA , HIS BROTHERS AND PARTY, LEASEE, AND MR. JOSEPH W. KENNEALY, LEASOR--OWNER. JIM AND PARTY HAS MY PROPERTY AT NICOLS STATION IN SECTION 18--TOWNSHIP 27--RANGE 23--IN THE CITY OF EAGAN LEASED FOR HUNTING AND TRAPPING FOR THE 1990-91 SEASON. ( . A r LEASES G A D ' i. ER ( . PLEASE NOTE: THIS LEASE ALSO INCLUDES FISHING RIGHTS IN THE KENNEALY TROUT STREAM, IF AND WHEN RESTORATION OF THE TROUT STREAM IS MADE BY THE DEPARTMENT OF NATURAL RESOURCES ALONG WITH THE METROPOLITAN WASTE CONTROL COMMISSION: 3 Agenda Information Memo September 3, 1991 City Council Meeting iCONSENT AGENDA There are seventeen (17) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS: Item 1. Assistant Utility Billing Clerk/Finance Department—Over 940 applications were received for this position. Over 500 applicants were invited to the Municipal Center for a written test. From the result of that test, approximately 50 applicants were invited to the Municipal Center for a typing and a ten key test. The ten finalists for the position were interviewed on Thursday, August 29, 1991. The interview panel consisted of Director of Finance VanOverbeke, Assistant Finance Director Damlo, Utility Billing Clerk Downs and Assistant to the City Administrator Duffy. With the Labor Day weekend, we were unable to contact references of the individual we are considering. The name of the person recommended as Assistant Utility Billing Clerk will be provided at the City Council meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of a person to be named at the Council meeting as the Assistant Utility Billing Clerk, subject to successful completion of the physical examination requirement. Item 2. Seasonal Park Maintenance Workers--After interviews, it is the recommendation of Superintendent of Parks VonDeLinde that Brian Banaszewski, Brian Kruse, Velta Jean Martin and Glen Wallace be hired as seasonal maintenance workers and Layne Anderson as a seasonal forestry aide for the Parks Department. This hiring is necessitated by resignations of seasonal maintenance workers who are returning to school. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Brian Banaszewski, Brian Kruse, Velta Jean Martin and Glen Wallace as seasonal park maintenance workers and Layne Anderson as a seasonal forestry aide. Item 3. Seasonal Park Attendant—This item is informational. Due to the many resignations of seasonal workers in order to return to school, it was necessary for City Administrator Hedges to approve the hiring of Robert Merrill As a seasonal park attendant. No action is required on this item. Agenda Information Memo September 3, 1991 City Council Meeting PLUMBERS LICENSES B. Licenses, Plumbers and Water Softeners--City Code requires annual licensing of all nd water softener contractors operating within the City of Eagan. Enclosed on page , is a list of those contractors whose applications are in order for consideration by the City Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers and water softener licenses as presented. 6 PLUMBERS & WATER SOFTENER LICENSES SEPTEMBER 3, 1991 1. Aqua City Plumbing 2. Central Plumbing Service 3. Kolar & Company Mechanical 4 . Robillard Plumbing 5. Roseville Plumbing Water Softener 1 . Meadowbrook Water, Inc. • Agenda Information Memo September 3, 1991 City Council Meeting AMUSEMENT DEVICE LICENSE/DURNINGS RESTAURANT C. Licenses,Wally Shaver, Amusement Devices at Durnings Restaurant—Wally Shaver of Replay, Inc., has applied for an amusement device license with the City of Eagan. The application is for two (2) amusement devices to be located at Durnings Restaurant. The license fee has been paid. The application has been reviewed by the Police Department which has identified no reasons to deny the license at this time. A copy of the application for license is enclosed without page number for the Council's consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a license for two amusement devices to be placed in Durning's Restaurant, as applied for by Wally Shaver of Replay, Inc. Agenda Information Memo September 3, 1991 City Council Meeting RECEIVE BIDS/MUNICIPAL BUILDINGS PHONE SYSTEM D. Receive Bids/Award Contract - Municipal Buildings Phone System--Enclosed on pages through vZ/ are a copy of a memo from Administrative Assistant Witt and the tel communications recommendation of the City's consultant regarding this equipment. Staff and the consultant are recommending Matrix Communication be awarded the contract for the telecommunications systems for the Municipal Buildings. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for the Municipal Buildings phone system and award the contract to Matrix Communication. 2 August 28, 1991 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: TELECOMMUNICATIONS SYSTEM The telecommunications committee has met regularly with Tom Pavek of Elert and Associates as we worked through needs assessment, RFP, RFP analysis and selection process. We also attended on-site demonstrations of the equipment at the two finalists - Norstan and Matrix Communications. Tom Pavek has submitted his recommendation. He and the recommended vendor will be at the Council meeting for any questions the Council may have. The consensus of the committee was to recommend Matrix Communication. We felt Matrix had sturdier equipment, had 24-hour service included in the bid price, included basic and follow-up training in the bid and overall had the better technical expertise. Matrix would be able to customize a system to Eagan's needs. The committee asked Tom Pavek to review the possibility of trading in the Merlin phone system at the maintenance facility so we would all be on one system. Tom felt such a change would be significant and the project would have to be rebid. Added costs would be in the neighborhood of $20, 000. The suggestion was dropped from further consid- eration. Matrix Communications did provide the City of St. Peter as a reference. Tom Pavek is checking with them as to their satisfaction with the system. 9 CITY OF EAGAN Telecommunications Recommendation August 27, 1991 Prepared by: Tom Pavek Consultant ELERT & ASSOCIATES /O CITY OF EAGAN Telecommunications Systems Study The purpose of this study is to summarize our evaluation of telecommunications proposals for the City of Eagan and to present our final recommendation. Our evaluation is based on: 1. Our review of telecommunications requirements for the City of Eagan. 2. Our review of system proposals presented by four telecommunication vendors. Our evaluation of vendor proposals was based on seven separate criteria in four categories. Each vendor was ranked 1 - 10 on each criterion: CRITERIA WEIGHT 1. Cost 30 2. Technology 30 3. Vendor 25 4. Maintenance 25 110 The evaluation criteria, along with the weighting factors, was given to each of the four vendors upon receipt of our Request for Proposal. Note: Elert&Associates represents that the information and recommendations contained within this report are prepared for the City of Eagan based on the most current data made available during the specified study period. This report is meant to be only advisory in nature. The City of Eagan Management is responsible for all consequences resulting from their decisions in accepting, rejecting, or implementing these recommendations. 1� CITY OF EAGAN Eagan, Minnesota Information was collected from billing records and conversations with the City of Eagan personnel. Bid specifications were compiled and provided to the following vendors: 1. AT&T 2. Executone 3. Fujitsu Communications 4. Matrix Communications 5. Norstan 6. TSI Tie Systems Incorporated The Following Proposals were Received: 1. Executone Isoetec 432 2. Matrix Communications NEC 1400 3. Norstan Isoetec 228 4. TSI Tie Systems Inc. Mite! 200D CITY OF EAGAN Eagan, Minnesota 7-Year Synopsis Vendor & System 7-Year Cost Matrix Communications $126,137 Norstan $137,118 Tie Systems Inc. $145,509 Executone $151,787 Up-front Purchase Cost Vendor & System Up-front Cost Matrix Communications $91,981 Norstan $103,428 Tie Systems Inc. $110,339 Executone $113,817 Options included: Phone System, Voice Mail, Auto Attendant, Battery Back-up, Cable to connect Fire Department, and an upgrade to the radio system. POINT TOTALS Matrix Communications 1042.50 Norstan 1016.50 Tie Systems Inc. 977.50 Executone 947.50 /3 • O I 0 0 1 00000 0 1 00000 1f) I 000InLf) in H et' I in I In US in LC) if) U') I c') l") v' Nr) • I tf) toU1d' • • • N I N N I N 1 •-I S 1 N S V1 e'7 •:1' N N Q) E+ C O 1 0 0 1 00000 1f11 00001n O I 00000 in <0 S I S in I if 1 if) I n LC) to • I e l cn •o' N • i n I to In In U'S U'S • N 1 N N 1 t,0 I H t0 N I \D N •*, N H--I $a N 0 O I--I Z x O I 0 01 00000 O I 00000 In 1 0000tH U1 •,i 0 I 0 US I to in In in to to I t") r) st' NM • I InLntoto • Sa f') 1 e'•) N 1 N 1 r-I N I N N RI N 0 Q H ev O I O to I 00001n O I 00000 to 1 0000if) In a C H I H--i •:2' I to US to to •r US 1 in ch V* N r) • 1 to to to tf) • W C 0 N I N N 1 N I r-1 N 1 N 1s• H en C N Q) Z it U U W w x Zw W O 0 H W O 1 O 0 1 0 0 0 0 0 O 1 0 0 0 0 0 0 1 0 0 0 0 0 0 Ef >. a O I 0 O I to to in O in in I c') c') d N c') US I to In If) US to 0 < 4 CO W en 1 f7 c") 1 •-I N I H N I i--I •,-I t-1 a no 4 to U > 0u W G, O I O 0 1 in inin0i') to 1 in c1 •,:7' NM to I In If) tn If) In 0 Ea c-) 1 m cS 1 H N I HI N I H 1 I 1 1 HI H W 3 r; 3-1 W 10 43 >1 CA >. 4) U 0 N4) 0 •.-1 to >. *P4 C a 4 C CD a Z ... 30.+-i -• -- C W > C I W C f-+ .0 $-t u) E C (0 0) +IC (0 W HEN Gal C U G! its co x a) a) U) -co O 4.) (a 4-) w Z au W s.1 s; s; � n•,1 to C C •-•1 C •-I C 0 W ••I sa 4) >. W •• CI) W CI) O0 eC >.4••4t7) U eato .C �r • cn a-) C7 E 14 S-1 >.-•1 -•+ $a U 4-) g Z $.+ w U •-i E+ C 0 a it ro U U) U d-) it its••I Q •+ +) .-+ U •.i a 5433 !~ tnw � t Z OroroQ C4 ••I eo 0 4) 4 a) it IX it C C C•,-4 w w $a 0..1.J • cn 0 I to Z Z to w w - ti, 0 C '0 C f , it E 0 «s CO CD E a E H 1 it S C0O ••Ix C -•aCtttv $I Z :11-•-1 O m0 U Hcntna4) Z wHZaE H cr) CHa Q O I ` 44 U I E. > Z E+ . /5/ NOTES COST Full points were awarded to Matrix and Norstan for being the low cost vendors on a seven-year analysis at $126,137. One point was deducted for every five percent in cost variance. TECHNOLOGY Instruments -- Full points were awarded to all vendors. Software features -- Full points were awarded to all vendors. Software Maturity -- Full points were awarded to all vendors. Expansion -- One point was deducted from Norstan for not meeting the wired for capacity outlined in the RFP. Full points were awarded for all other vendors. If Norstan increased the wired for capacity of the system, it would increase their price in excess of$10,000; this increase affects Norstan by one point in the cost section. This price was not included in the original bid and is accepted for comparison purposes only. VENDOR Financial Stability -- Full points were awarded to all vendors. Industry Experience -- Full points were awarded to all vendors. Manufacturer Support -- Full points were awarded to all vendors. Reputation -- Full points were awarded to all vendors. Training -- 1.5 points were deducted from Norstan for not including free training during maintenance contract and warranty periods. Full points were awarded to all other vendors. MAINTENANCE Number of Trained Technicians -- Full points were awarded to all vendors. Spare Parts Inventory-- Full points were awarded to all vendors. Dispatch Distance -- Full points were awarded to all vendors. Installations Local -- One point was deducted from T.S.I. for not having any Mitel Systems installed at this time. Full points were awarded to all other vendors. R.M.A.T. -- Full points were awarded to Norstan for having automatic dial-out for alarm notification. 1.5 points were deducted from all other vendors. CASH FLOW ASSUMPTIONS City of Eagan Eagan, Minnesota * 5% Escalation on energy costs. * 5% Escalation on insurance costs. * 6% Net Present Value of Money. * Maintenance escalation percent was provided by the vendor responses. 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H E1 a E a w 3 a ^.a z cn cn a 0 U 1 < oto > w a •• 30 E-1 0 > w U E-I Z > �c ti) 1 cn .7 z w z v w Z Cl)x E+ v Z a Z UUi •• 0 •• N a >4 a U a Za a o .owzZ X a H U worn 1-IUUa0 0 H a > a Z H Z cn Ei w Er Ei Z z E-+ Ey 0 o w a en a p H E- 14 U a w a >+ a, 43 Z H E W a W a Z te w U w Z CD w co • C..) 14 H ?C Q • • • • • 0 r4 U) Z Z > W U ri N c'1 v In 'o N co C1 rt r+ w w H X a 2O CITY OF EAGAN Financial Summary Matrix Communications Telephone System $56,168.00 Voice Mail System 21,000.00 Loop to ground start converter 1,100.00 External page access 645.00 Automated Attendant included Battery Back-up 3,550.00 Fire Department Add-on 4,460.00 Total Matrix Communications Cost $86,923.00 Cable to connect City to Fire Department $3,961.00 Gas tube protection 300.00 Upgrade to existing radio system 1,097.00 U.S. West installation T-1 D.S.S. 4,195.25 U.S. West OPX installation to Maint. 1,859.58 U.S. West TIE line installation 980.26 Merlin TIE lines upgrade 2,000.00 TOTAL $101,316.09 c>2/ Agenda Information Memo September 3, 1991 City Council Meeting RATIFICATION/REMOVAL OF TRAILERS E. Ratify Notices to Isaacson and Fritz Regarding Removal of Trailers—The trailer permits for Doug Isaacson and Marvin and Verene Fritz were considered at a regular City Council meeting held on August 6, 1991. It was the decision of the Council at that time to not approve trailer permits for these applicants. Further, it was the decision that the mobile hom s need to be removed from their present locations. Enclosed on pages. .13 through are two separate sets of "Findings of Fact and Resolutions Denying Renewal of Special Use Permit for Mobile Homes Used for Habitation." ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Findings of Fact and Resolutions Denying Renewal of Special Use Permits for Mobile Homes Used for Habitation for Doug Isaacson and Marvin and Verene Fritz. CITY OF EAGAN FINDING OF FACT AND RESOLUTION DENYING SPECIAL USE PERMIT FOR STORAGE OF TRAILERS A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on August 6, 1991, at 6:30 p.m. The following members were present: Egan, Wachter, Gustafson, McCrea and Pawlenty; the following were absent: none. Based upon the information adduced at the meeting and all records, files and documents relevant to the matter herein, the City Council of the City of Eagan makes the following: FINDINGS OF FACT 1. In 1974 , the Eagan City Council issued a special use trailer permit to Doug Isaacson, d/b/a Dakota Homes, for a trailer sales lot at 3660 Dodd Road, Eagan, Minnesota, legally described as Parcel No. 10-01300-010-75. 2 . Dakota Homes annually renewed its permit for a trailer sale lot through 1979 ; from 1980 to 1989, Dakota Homes annually renewed its permit for the use of a trailer as a sales office. 3. In mid-1989, it was discovered that Steven Isaacson, d/b/a American Homes, leased the property at 3660 Dodd Road from Dakota Homes. The Eagan City Council at its regular meeting on July 5, 1989, approved the renewal of the special use permit for American Homes to utilize a trailer as a sales office. 4. On July 10, 1990, the Eagan City Council directed City staff to inform Steven Isaacson to show cause why the trailer permit should be renewed. Steven Isaacson appeared before the Eagan City Council at its regular meeting on August 21, 1990; Isaacson told Council that in 1989 American Homes was sold to Dakota Homes which also had since gone out of business. Isaacson also informed Council that he intended to sell the few trailers which are on the property. 3 o? 5. The Eagan City Council during the August 21, 1990, meeting granted the renewal of the special use trailer permit for a period of one year (1990-1991) during which time Isaacson was required to remove the remaining trailers on the lot. 6. The Eagan City Council considered the renewal of Isaacson's 1990-1991 special use trailer permit at its regular meeting on July 16, 1991, and after due consideration, it denied the renewal of the permit but directed Isaacson to appear at the August 6, 1991, City Council meeting if he desired reconsideration of the Council's decisions. 7. Neither Steven Isaacson, nor any representative on behalf of Isaacson, appeared at the August 6, 1991, City Council meeting. 8 . The Eagan City Code, Section 11. 10, Subdivision 19 (F) , requires a special use permit to locate a mobile home (trailer) for storage in any zone district except in an approved mobile home park; Isaacson's trailers are located in a "Limited Industrial" zone. 9. Pursuant to Eagan City Code, Section 11. 03 (65) , a special use permit is issued only for a temporary use with a specified termination date. NOW THEREFORE, BE IT RESOLVED that the City of Eagan, Dakota County, Minnesota, hereby denies a special use permit for the storage of trailers located at 3660 Dodd Road, legally described as Parcel No. 10-01300-010-75, for the following reasons: 1. Isaacson has not submitted an application for a renewal of the special use permit. 2. The above-described parcel is no longer used as a trailer sales lot and the trailers on the parcel are no longer used as a sales office by Isaacson or any other person or entity. 3. The trailers stored on the above-described parcel are not used or any particular purpose by Isaacson; the trailers were merely abandoned. • 4. Isaacson has failed to sell, or demonstrate any effort in reparing to sell, the trailers. 2 Gx ( BE IT FURTHER RESOLVED that Isaacson shall remove from the parcel all trailers for which no permit exists by April 30, 1992 . Dated: , 1991. CITY OF EAGAN City Council Thomas A. Egan, Mayor ATTEST: E. J. VanOverbeke, Clerk Motion made by: . Seconded by: . Those in favor: Egan, Wachter, Gustafson, McCrea and Pawlenty. Those against: none. 3 CITY OF EAGAN FINDINGS OF FACT AND RESOLUTION DENYING RENEWAL OF SPECIAL USE PERMIT FOR MOBILE HOME USED FOR HABITATION A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on August 6, 1991, at 6:30 p.m. The following members were present: Egan, Wachter, Gustafson, McCrea and Pawlenty; the following were absent: none. Based upon the information adduced at the meeting, and all records, files and documents relevant to the matter herein, the City Council of the City of Eagan makes the following: FINDINGS OF FACT 1. In 1980 Marvin and Verene Fritz (hereinafter "applicants") submitted an application requesting a special use permit for a mobile home, in which the applicants intended to reside, located on a 12-acre parcel, known as Parcel No. 10-02500-014-76, in the northwest corner of the intersection at Cliff Road and Highway 3, Dakota County. 2 . The application was reviewed by the Eagan City Council at a regular meeting held on June 3, 1980, and after due consideration of the applicants' unexpected hardship due to the demolition of their rental home, the City Council granted a "temporary trailer permit" upon the condition that the applicants construct a single family dwelling within the one-year period for which the permit was issued. 3. The applicants did not construct a single family dwelling within the one-year-permit period. 4. In 1983 the City of Eagan Chief Building Official informed the applicants via letter correspondence that the applicants must either start construction of a single family dwelling as required by the 1980 special use mobile home permit or request an extension of such permit. 5. The City of Eagan has no record of the applicants requesting an extension of the 1980 special use permit in 1983. 6. In 1984 City of Eagan staff members requested the applicants to meet with City staff due to their failure to comply with the 1980 special use permit, namely the applicants failure to construct a single family dwelling. The applicants were also informed that failure to meet with staff would require City Council action on the special use permit at its October 30, 1984 meeting. (7?6 7. The minutes of the October 30, 1984, City Council meeting did not reveal any discussion regarding the applicants' 1980 special use permit. 8. The Eagan City Council at its regular meeting held on July 5, 1989, granted a one-year non-renewable special use permit for the applicants' mobile home upon the applicants' representation that they were attempting to build a home by the fall of 1989 or early spring of 1990. 9. In July 1990 the renewal of the applicants' permit was again considered by the Eagan City Council and after due consideration that the applicants' property showed no evidence of construction, or preparation thereof, for a single family dwelling, the City Council withheld any action. 10. The Eagan City Council at its regular meeting held on July 16, 1991, reviewed the applicants' present application for the permit renewal, and after due consideration denied the permit, and directed the applicants to appear before the City Council on August 6, 1991, if they desired reconsideration of the permit denial. 11. To date, the applicants have neither constructed nor demonstrated any preparation for the construction of a single family dwelling on the parcel for which they received a "temporary trailer permit" in 1980. 12. The Eagan City Code, Section 11. 10, Subdivision 19 (F) , requires the applicants to obtain a special use permit to locate a mobile home for habitation in any zone district except in an approved mobile home park; the applicants mobile home is located in an agricultural zone. 13 . Pursuant to Eagan City Code, Section 11.03 (65) , a special use permit is issued only for a temporary use with a specified termination date. NOW THEREFORE, BE IT RESOLVED that the City of Eagan, Dakota County, Minnesota, hereby denies renewal of the special use permit for a mobile home in which the applicants reside, located at Parcel No. 10-02500-014-76, for the following reasons: • 1. The applicants have failed to comply with the conditions attached to the original 1980 special use permit and the subsequent renewal permits for a mobile home for habitation, namely the requirement to construct a single family dwelling. 2 . No present hardship was demonstrated by the applicants for the continued necessity of the special use permit for a mobile home. 2 c ?7 3 . The applicants have failed to demonstrate any intent to construct a single family dwelling in compliance with the original 1980 special use permit and the subsequent renewal permits. 4 . The applicants have abused and taken advantage of the 1980 special use permit issued to them for the temporary use of a mobile home for habitation. BE IT FURTHER RESOLVED that the applicants shall remove from the above-described parcel by April 30, 1992, the mobile home for which no permit exists. Dated: , 1991. CITY OF EAGAN City Council Thomas A. Egan, Mayor ATTEST: E. J. VanOverbeke, Clerk Motion made by: . Seconded by: . Those in favor: Egan, Wachter, Gustafson, McCrea and Pawlenty. Those against: none. 3 Agenda Information Memo September 3, 1991 City Council Meeting SHOWS LICENSE/AUTUMN. INC, F. License, Shows and Solicitation Permit for Mitch Knoll,Autumn, Inc.--Mitch Knoll has applied for a shows license for his "haunted hayrides" venture. He has moved the location for this show from behind the bulk mail plant to Apollo Drive. He will also be selling T- shirts and novelty items which will require a solicitation permit. The police have reviewed this application and find no reason to deny the issuance of the shows and solicitation licenses. Enclosed without page number for the Council's information is a copy of the applications and of the police review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a shows and solicitation license for Mitch Knoll of Autumn, Inc., for haunted hayrides. '7 Agenda Information Memo September 3, 1991 City Council Meeting JOINT POWERS AGREEMENT/FIRE ARMS TRAINING FACILITY G. Ratify,Joint Powers Agreement,Firearms Training Facility--The Eagan City Council has previously approved participating with the city of Apple Valley for a joint firearms training facility. At this time, it is necessary to approve the joint powers agreemnt for the firearms training facility. Attached for the Council's information on pages I through 37 is a copy of that joint powers agreement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the joint powers agreement between the cities of Eagan and Apple Valley for a firearms training facility. 26 JOINT POWERS AGREEMENT FIREARMS TRAINING FACILITY This agreement is made by and between the CITY OF APPLE VALLEY ("Apple Valley") and the CITY OF EAGAN ("Eagan") , both Minnesota municipal corporations located in Dakota County, Minnesota amending that Agreement approved by the City Councils of both municipalities during November, 1990. WHEREAS, the undersigned parties are desirous of developing a firearms training facility to be located in the City of Eagan, Minnesota; and WHEREAS, pursuant to Minnesota Statutes §471. 59 "Joint Powers Act" , the undersigned parties in their joint and mutual exercise of powers agree as follows: 1. Definitions. Unless otherwise designated herein, the definitions of words described below shall have the following meanings: a. Firearms Instructors Committee - shall consist of one firearms instructor from each City as designated by the City Police Chief. b. Firearms Training Facility - an area platted as Valley Acres in Eagan, Minnesota which consists of one handgun range and one rifle range, future space for adding a decision shooting area and a classroom/storage building, all as shown on the site plan attached hereto as Exhibit "A" . c. Major Repair and Replacement - the cost of necessary repairs and/or maintenance in excess of the amount then available in the Firearms Training Facility annual budget. d. Member Cities - the Cities of Apple Valley and Eagan. e. Operating Costs - the costs of routine maintenance and utilities, e.g. , gas, electric, telephone, liability insurance etc. f. Operations Board - a board consisting of the Police Chiefs of the Member Cities or their designees. 2 . Construction. Apple Valley shall construct the Firearms Training Facility in substantial compliance with the plans shown on Exhibit A attached hereto. Apple Valley shall use its best efforts to have the facility constructed and ready for use by September 1, 1991. 3 . Ownership. The City of Apple Valley shall be the sole owner of the Firearms Training Facility, subject to the use by the Member Cities in accordance with the terms of this agreement. 4 . User Fee. Eagan shall pay Apple Valley the sum of Fifty Thousand and no/100 Dollars ($50, 000. 00) for the use of the Firearms Training Facility. Payment shall be made in two $25, 000. 00 installments. The first installment is due on or before October 1, 1991 and the second installment is due March 31, 1992 . Apple Valley's contribution is estimated to be in excess of $160, 000. 00. 5. Payment of Operating Costs. The Operations Board shall establish an annual budget for maintenance and operations of the facility, (hereinafter "FTF budget") which must be submitted to each member city for approval concurrent to the city budget processes. The member cities shall pay operating costs on a percentage basis as determined by the member city's population in relation to the total population of the member cities combined, as determined by the most recent Metropolitan Council population estimate. The City of Apple Valley will handle the financial records and disbursements for the operation of the Firearms Training Facility and shall assess each other member city at least once yearly for their portions of the operating costs. Payment of the operating costs shall be due and payable to Apple Valley within thirty (30) days of billing. 6. Cost of Major Repair and Replacement. Prior to making a major repair and replacement, approval must be obtained by the Operations Board, and further ratified by a majority of the city council of each member city. Payment for the cost of a major repair and replacement shall be paid by the member cities on a percentage basis in the same manner as described in paragraph 5 hereof. 7 . Routine Maintenance. The City of Eagan will provide snowplowing for the roadway and parking lot, lawnmowing, street sweeping and maintenance of the storm sewer system. Any additional routine repairs or maintenance will be handled under the FTF budget. 8 . Liability Insurance. The City of Apple Valley shall procure liability insurance for the operation of the Firearms Training Facility. Each member city agrees to pay Apple Valley as part of the operating costs, 50% of the cost to Apple Valley for obtaining such insurance. Non-members shall be required to provide proof of Liability Insurance in the amount of $1, 000, 000 or as otherwise specified by the City of Apple Valley prior to being issued a permit for facility use. 9 . Firearms Training Facility Use. Each member city shall be entitled to equal use of the Firearms Training Facility, subject to advance scheduling under the written rules established by the 33 Operations Board. The Firearms Instructors Committee shall schedule the use of the Firearms Training Facility by member cities and others under the direction and guidance of the Operations Board. The Operations Board shall also establish rules for the operation and use of the Firearms Training Facility. 10. Operations Board's Actions. A quorum must be present for the Operations Board to take action on any item. A quorum requires the attendance of a representative from each member city. Except in the instance of a request for use of the Firearms Training Facility by a nonmember, the Operations Board shall act by a simple majority vote. 11. Use by a Nonmember. The Firearms Training Facility may be rented to nonmembers according to guidelines established by the Operations Board. Nonmember use requires the approval of a simple majority of the Operations Board, with the City of Apple Valley reserving the right to exercise veto power. Use by a nonmember shall not conflict with the scheduled use by a member city. Any rent collected from nonmember use of the Firearms Training Facility shall be applied to operating costs; any rent collected in excess of the operating costs shall be deposited in a fund at a bank designated by Apple Valley to cover major repair and replacement and future development of the Firearms Training Facility. A nonmember who uses the facility shall provide evidence of liability insurance in the amount of $1, 000, 000. 00 for review and approval by the City of Apple Valley, naming the City of Apple Valley 54/ as an additional insured; and shall execute an appropriate indemnification and release in favor of the member cities in which the nonmember user indemnifies and holds the member cities harmless against all loss, damage, liability claims, suits, judgments, costs and expenses for reason of loss of or damage to property injury or death of persons caused by acts or omissions of the nonmember, its officers, agents or employees, arising from or growing out of, directly or indirectly, wholly or partially, the nonmember's operation and use of the Firearms Training Facility. 12 . Indemnification. Each member city does hereby agree to indemnify and hold harmless the other member cities against all loss, damage, liability claims, suits, judgments, costs and expenses for reason of loss of or damage to property and injury to or death of persons caused by acts or omissions of each member, its officers, agents or employees, arising from or growing out of, directly or indirectly, wholly or partially, the construction, maintenance, operation or use of the Firearms Training Facility. 13 . Term. This agreement shall be null and void unless all the member cities have signed and approved this amended agreement by December 1, 1991. All parties need not sign the same copy. This agreement shall terminate on December 31, 2020. 14 . Termination. Apple Valley may terminate this agreement prior to the expiration of the term of this agreement by giving six (6) months advance written notice to the member cities, and promptly refunding to each member 3 . 34% of the User Fee paid by each city multiplied by the difference between 30 years and the number of years that this agreement is in existence prior to termination. Other member cities may also withdraw from this agreement by giving six (6) months advance written notice of withdrawal to the City of Apple Valley. Within three (3) years after the member city voluntarily withdraws, Apple Valley shall refund to the member city 3 . 34% of the user fee paid by the member city multiplied by the difference between 30 years and the number of years this agreement is in existence prior to the withdrawal of the member city. 15. Amendment. This agreement may be amended only by the written approval of the City Councils of each member city. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective duly authorized officers by authority of their respective governing bodies. APPROVED AS TO FORM: CITY OF APPLE VALLEY By: By: W. F. Holton Its: City Attorney Its: Mayor APPROVED AS TO CONTENT: By: By: Mary E. Mueller Its: Chief of Police Its: Clerk 3� APPROVED AS TO FORM: CITY OF EAGAN By: By: Thomas A. Egan Its: City Attorney Its: Mayor APPROVED AS TO CONTENT: By: By: E. J. VanOverbeke Its: Chief of Police Its: Clerk STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) On this day of , 1991, before me a Notary Public within and for said County, personally appeared W.F. HOLTON and MARY E. MUELLER to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Apple Valley, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA ) ss. • COUNTY OF DAKOTA ) On this day of , 1991, before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Bldg. 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 MGD 31 O >. as ,w +O TAI•KEL DOOOLL I .13 1 p 1.$4., _\-----:,,Z ` J'' - 1z' I n I;r- m r T c : D ' 2 1 T • • i 4 M BUFFER 17 r Z "7- 0 /Z M "....-t O n °°° "s Z 0. O x- Z O °=> r O r^ s K 2 . r D r 0 50 YARD POSITION —1 sv> 0 D - �„ o e 73 II m °2. D a „a 0 o g - 75 YARD POSITION 0 r BUFFER ZONE ril X 350. i x r. Z C" 0 act '°'•M• T r �l Agenda Information Memo September 3, 1991 City Council Meeting PROCLAMATION/DAKOTA FUN FEST H. Proclamation in Support of Dakota Fun Fest, September 21 and 22, 1991--The second annual Dakota Fun Fest will be held September 21 and 22, 1991 at Blue Cross/Blue Shield of Minnesota, Highway 13 and Yankee Doodle Road in Eagan. The City has received a request from Dakota, Inc., which sponsors the event for a proclamation regarding the Fun Fest. Enclosed on page is a copy of that proclamation. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a proclamation proclaiming September 21 and 22, 1991 as Dakota Fun Fest days in the City of Eagan. PROCLAMATION CITY OF EAGAN DAKOTA FUN FEST DAYS SEPTEMBER 21 AND 22, 1991 WHEREAS, Dakota County, Inc. , is a private non-profit organization celebrating over 25 years of serving people with developmental disabilities and whereas, Dakota, Inc. , sponsors the Dakota Fun Fest, a two day family festival highlighting the contributions people with developmental disabilities make to the community; and WHEREAS, at the first annual Dakota Fun Fest, 500 volunteers with all levels of ability worked together to make the festival a success; and WHEREAS, the even raises money for Dakota, Inc. , services toward people challenged by disabilities; and WHEREAS, the second annual Dakota Fun Fest is being held at Blue Cross/ Blue Shield of Minnesota, Highway 13 and Yankee Doodle Road in the city of Eagan, on September 21 and 22, 1991; NOW, THEREFORE BE IT RESOLVED, that the Mayor and City Council of the City of Eagan hereby proclaim September 21 and 22, 1991, as Dakota Fun Fest Days in the City of Eagan. CITY OF EAGAN CITY COUNCIL By: Its Mayor From: Its Clerk Motion Made By: Seconded By: Those in Favor: Those Opposed: CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing proclamation was duly passed and adopted by the City Council and the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this third day of September, 1991. E.J. VanOverbeke, City Clerk City of Eagan Agenda Information Memo September 3, 1991, City Council Meeting RECEIVE FINAL ASSMT ROLL/ORDER PUBLIC HEARING (SILVER BELL ROAD) I. Project 588,Receive Final Assessment Roll/Order Public Hearing(Silver Bell Road- Water Main)--The installation of a water main loop around the apartments constructed on Silver Bell Road west of TH 13 has been completed, all costs have been tabulated and the final assessment roll has been prepared identifying the costs and method of financing this public improvement. The final assessment roll is being presented to the City Council for their consideration of scheduling a public hearing to formally present and discuss these final costs with the affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 588 (Silver Bell Road - Water Main) and schedule a public hearing to be held on October 1, 1991. RECEIVE FINAL ASSMT ROLL/ORDER PUBLIC HEARING (WEST PUBLISHING 3RD ADDITION) J. Project 585, Receive Final Assessment Roll/Order Public Hearing (West Publishing 3rd Addition - Trunk Storm Sewer)--The installation of the trunk storm sewer facilities and lift station within the West Publishing 3rd Addition has been completed, all costs have been tabulated and the final assessment roll has been prepared identifying the costs and method of financing this public improvement. The final assessment roll is being presented to the City Council for their consideration of scheduling a public hearing to formally present and discuss these costs with the affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 585 (West Publishing 3rd Addition - Trunk Storm Sewer) and schedule a public hearing to be held on October 1, 1991. Agenda Information Memo September 3, 1991, City Council Meeting RECEIVE FINAL ASSMT ROLL/ORDER PUBLIC HEARING (DIFFLEY ROAD) K. Project 533, Receive Final Assessment Roll/Order Public Hearing (Diffley Road - Streets & Utilities)--The improvement of Diffley Road from Heine Strasse Lane to I-35E along with the installation of related utilities has been completed by Dakota County, all costs have been tabulated and the final assessment roll has been prepared identifying the costs and method of financing these public improvements. This final assessment roll is being presented to the City Council for their consideration of scheduling a public hearing to formally present and discuss these final costs with the affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 533 (Diffley Road - Streets & Utilities) and schedule a public hearing to be held on September 17, 1991. VACATION/RECEIVE PETITION/ORDER PUBLIC HEARING (LOTS 7, 8 & 9, BL 5, BURR OAK HILLS 2ND ADDN) L. Vacate Drainage & Utility Easements, Receive Petition/Order Public Hearing (Lots 7, 8 & 9, Block 5, Burr Oak Hills 2nd Addition)--Staff has received a petition from a representative of the developer requesting consideration to vacate common lot line drainage and utility easements as necessary to allow the replatting of three lots into two lots for better marketability. With all submission materials being reviewed by staff and found to be in order, it would be appropriate for the Council to order a public hearing to formally discuss this request. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate drainage and utility easements for Lots 7, 8 and 9, Block 5, Burr Oak Hills 2nd Addition) and schedule a public hearing to be held on October 1, 1991. • Agenda Information Memo September 3, 1991 City Council Meeting RESOLUTION/REIMBURSEMENT OF COSTS OF IMPROVEMENT PROJECTS M. Resolution Authorizing Finance Director to Declare Intent to Reimburse Costs of Improvement Projects with Bond Proceeds--The IRS recently issued proposed Treasury Regulations on "reimbursement bonds." These regulations will apply to all governmental bonds to the extent bond proceeds are used for reimbursement of previously paid project costs. Since Eagan has traditionally followed the process of borrowing money internally and reimbursing it from bond proceeds after a bond sale the regulations do apply in the City's case. Compliance with the regulations will necessitate significant procedural steps, documentation, monitoring, and accounting as well as judgement. It has been determined by bond counsel that it would be unnecessarily cumbersome to have the City Council process the considerable detail that is required to make a proper official intent. Designation by resolution to an appropriate city official the responsibil. of declari that intent seems to be a more workable process. Attached on pages and is a resolution prepared by Steve Roshold which designates that the nance Dire or be the responsible city official. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution authorizing the Finance Director to declare intent to reimburse costs of improvement projects with bond proceeds. 4 CITY OF EAGAN RESOLUTION AUTHORIZING FINANCE DIRECTOR TO DECLARE INTENT TO REIMBURSE COSTS OF IMPROVEMENT PROJECTS WITH BOND PROCEEDS WHEREAS, from time to time the City Council of the City of Eagan authorizes the construction of local improvement projects pursuant to Minnesota Statutes, Chapter 429 and later issues bonds to finance the costs thereof; and WHEREAS, the bonds are payable primarily from special assessments to be levied against benefitted properties; and WHEREAS, the City generally makes expenditures in connection with the Projects prior to the issuance of bonds therefore; and WHEREAS, the United States Treasury Department has proposed certain regulations to become applicable September 8, 1991 relating to the use of proceeds of tax exempt bonds to reimburse expenditures made prior to the issuance of the bonds; and WHEREAS, in general, the proposed regulations require a declaration of intent to reimburse the expenditures with bond proceeds. NOW, THEREFORE, BE IT RESOLVED the Finance Director is hereby authorized to make declarations of official reimbursement intent in connection with such improvement project pursuant to Proposed Treasury Regulations §§ 1.103-17 and 1.103-18 on behalf of the City consistent with existing budgetary and financial circumstances; and BE IT FURTHER RESOLVED the Finance Director shall maintain a file of all such declarations which shall be open to public inspection. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: Vt-4 CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3rd day of September, 1991. EJ. VanOverbeke, City Clerk City of Eagan Agenda Information Memo September 3, 1991 City Council Meeting FINAL PLAT/S TODD RAPP ADDITION N. Final Plat/S Todd Rapp Addition--Final plat documents relative to the above referenced plat are currently being processed by the applicant and the Community Development Department. If all items are completed and executed in time for next 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 for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for S Todd Rapp Addition. it7 1 . • . . — . s 1 : I - •1 : : : - : I: 1 i i 1 1 • : : ' I : I ; : i : • I i i 11 t• • I : . i :ii : ". 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II:. ::: .. ■-• a 11.— at / 1 1 .. I:I I j .0 .. 1 ••■ / (3 1 0- EE" i i,•• .±1....1 / I , fl 1 "71 28! –11 / I 11 1 :1•7 ■ 0 a i i • ••5,... It 1 fit11:: - •••1 •• I :..::• ut- / i .. -14 ,I k 1 .. 1 11ii -, t- - a.. •111-1 - :. •.ir ' / 4 % IL ' C.) .. et: 1 . I :.: ,,, ...1 il, 1 t . ' I Ca 0 VI! 1 4 I 4' '.4.: I . .: .. 1 'A -4- 1 / F... - / , I 1 " ili I 1 I I :.: f:: I% iti tt 1 / :.• i '%. 0.- .. ..7:t / t-..• • I A. 1ti 1 i 2— :. ; ::t / - f‘f 1 CU .- ' 4i. I .. : 7: if _; / a- ■ 1 :21 .:, I I -.i. / I:• • // ."• .. 1:•1 3.! I : •:: I I . Fi• li I 1.°.4 ... .. : • 17 / . ,.• ----'.."111ik--Z--" .; 1 full Si • • 1 S:...• . . Si • Agenda Information Memo September 3, 1991, City Council Meeting APPROVE FINAL PYMT/AUTHORIZE CITY MAINTENANCE (JOHNNY CAKE RIDGE RD) O. Contract 89-09,Approve Final Payment/Authorize City Maintenance (Johnny Cake Ridge Road - Streets & Utilities)--Staff has received a request for final payment from the contractor along with a certification from our consulting engineer of satisfactory compliance with City reviewed plans and specifications for the construction of Johnny Cake Ridge Road. Included in the street construction were the necessary sewer and water services to serve the adjacent properties. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council consideration. ACTION TO BE CONSIDERED ON THIS ITEM: Approve the 6th and final payment for Contract 89-09 in the amount of $3,000 and authorize City maintenance subject to all appropriate warranty provisions. VACATION/UNISYS PARK 2ND ADDITION P. Vacate Utility Easement, Receive Petition/Order Public Hearing (Unisys Park 2nd Addition)--The City has received a petition from the Unisys Corporation requesting the City to vacate a dedicated easement for the future installation of a well and raw water transmission main. The dedicated alignment and location of this main and well site may be in conflict with future development potentials for the property. Therefore, the property owner is requesting the City to vacate the previously dedicated easement subject to an amendment to an existing well field development agreement which references the property owner will agree to dedicate the necessary easements at the appropriate time that this utility would be installed at a location mutually acceptable to both the City and the then current property owner. With all application submittals being in order, it would be appropriate for the Council to schedule a public hearing to formally consider this request. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate the utility easement (Unisys Park 2nd Addition) and schedule a public hearing to be held on October 1, 1991. Agenda Information Memo September 3, 1991 City Council Meeting TREE MAINTENANCE CONTRACTOR LICENSE Q. License, Tree Maintenance Contractor, Gary Amundsen Tree Removal—City Code requires that tree maintenance contractors be licensed on an annual basis. Staff is in receipt of an application by Mr. Gary Amundsen on behalf of Gary Amundsen Tree Removal. All documentation has been received and the application is in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the tree maintenance contractor license for Gary Amundsen Tree Removal as presented. Agenda Information Memo September 3, 1991 City Council Meeting FINAL ASSESSMENT HEARING/DELINQUENT UTILITY BILLS A. Final Assessment Hearing, Delinquent Utility Bills—A public hearing is scheduled for the September 3, 1991 City Council meeting to receive input from affected property owners regarding the assessment of delinquent utility bills. The assessment roll consists of the parcels listed on pages .5:ot► through ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and to approve the final assessment roll for delinquent utility bills and authorize the certification to the county for collection. f1 EL CLOSED ACCOUNTS 108460014003 105054022 32.90 108460017001 105131094 115.99 108435323003 107128002 28.08 105350502001 108128083 21.48 108460116002 110026076 5.50 108460116002 110026077 34.81 108460224002 111063094 5.49 104725245002 111269012 16.04 101710003004 113030132 20.22 101710314001 113070063 48.04 101710401201 113087077 40.96 101710401201 113087078 7.17 107297507101 117176002 9.23 105380112201 121335003 27.26 107299401001 122278491 34.38 103980101005 123017017 29.58 103980104010 123040025 205.18 103980302002 123147043 88.98 107595017002 125034052 7.05 107595125002 125099072 31.77 107595125002 125099073 29.42 107595159002 125132061 130.75 101660212102 126092024 48.43 101740018700 126143012 28.65 101740006201 126227003 54.89 101740205204 126310082 15.45 101740408201 126325013 20.22 101740408201 126325014 27.42 101740401201 126327822 95.78 106398609001 128084084 36.66 106398302003 128093075 26.02 106398302003 128093076 27.92 106398303012 128139033 98.74 106398303012 128139034 28.71 106398304014 128146045 42.25 106398402009 128181002 138.45 106398404005 128195044 75.56 106398401004 128202052 23.75 101375009004 128399084 23.63 102275036003 129077052 92.12 101670011002 231006052 79.32 100190003008 234035043 802.93 101680003002 234104001 1,659.65 101670411013 235031052 5.36 101670607007 239137003 131.84 103295103006 239182042 14.15 103295101007 239183033 76.94 101439526001 241199011 22.66 107300005003 242026083 64.55 107650004004 243058072 85.68 107650202012 243079022 44.72 107650202012 243079023 92.19 108365213002 245612011 113.31 101499305001 250132021 94.43 104130004001. 361070012 34.66 104130004001 361070013 37.15 106399514001 362301001 26.45 105880013001 362327001 6.29 105880014001 362328091 5.72 101830009105 363070071 16.77 102096012004 364018184 25.49 104775202001 365117072 36.96 104775202001 365117073 27.96 100380006008 366102022 92.08 104190008001 366120001 13.71 108447309003 369156013 9.31 100130001005 370085053 394.17 107250026001 371064081 8.94 107250011005 371164071 24.45 104503508001 374003061 35.54 104503518002 374029061 6.29 5,964.60 OPEN ACCOUNTS SEWER AND WATER 108435406001 109005040 204.57 108460203005 110114000 73.70 108460204005 110115090 40.54 108460226003 111020010 44.87 108460223003 111023080 50.93 108460212002 111078020 53.59 108460214001 111129010 69.25 101710402002 113085090 175.96 101710402002 113085170 188.64 108435507005 114057010 129.70 108435507005 114057190 231.97 104805003204 117153150 199.94 106275006101 120271080 152.08 101715205101 121083040 45.11 101715302002 121114070 311.87 105380104102 121349040 62.44 105380105002 121352080 60.95 107595012002 125038010 254.14 107595010003 125058060 225.38 101660203001 126082040 62.93 101660209102 126098060 92.14 101740015600 126128000 183.52 101740015900 126136000 38.06 101740016500 126178090 44.99 101740001101 126218010 938.58 101740403201 126328320 256.95 101740202103 126271050 257.13 101740403101 126328400 221.68 106398104002 128011060 131.25 106398301008 128124000 263.12 106398304012 128138040 386.43 106398303016 128155020 97.69 106398402004 128207000 187.31 101375004004 128404010 102.33 101330003001 234084040 107.27 101670402008 236072030 141.19 101671102001 237138030 111.49 101671102001 237139020 83.02 101671101001 237140090 125.59 101671101001 237141080 101.34 107710004007 240091020 160.51 107300206002 242006020 228.77 57 107300208009 242015010 165.45 107300001018 242046040 338.68 107300001016 242050070 332.98 101499204001 250040030 89.09 101630008001 361157070 83.85 101815202006 361488070 110.28 104465106001 364336050 115.75 104775008003 365086040 243.49 8,378.49 STREET LIGHTS 108427534002 108306020 13.71 108427527002 108313030 13.71 108427524002 108316000 13.71 108427516002 108324000 13.71 108427515002 108325090 13.71 108427513002 108327070 13.71 108427513002 108329050 13.71 108427509002 108331010 13.71 108427505002 108335070 13.71 107120003001 116225600 6.44 107120008001 116226280 36.97 107120002005 116228420 7.30 106585013001 120019050 13.71 106585006002 120046020 13.71 108195009005 120128030 13.71 108195009005 120129020 13.71 108195008005 120130090 13.71 108195008005 120131080 13.71 108195003005 120140070 13.71 108195003005 120141060 13.71 108195006006 120175050 8.54 108195006006 120176040 8.54 107585203003 120218040 13.71 107585202003 120219030 13.71 107585201003 120220000 13.71 107585201001 120221090 13.71 107585207202 120229010 13.71 105380103202 121348050 7.16 107296005001 121372040 6.29 105621001000 122051180 13.71 105615007002 122113060 13.71 105615005002 122117020 7.02 105615002002 122123040 13.71 102580011102 122378060 13.71 108427501002 108339030 13.71 104507201001 124335040 6.29 104507401002 124389090 6.29 104507305002 124405090 6.22 102150003003 243373050 6.47 106399510001 362305060 6.29 106399509001 632306050 6.29 106399506001 362309020 6.29 106399504001 362311080 6.29 106399502001 362313060 6.29 105880001001 362315040 6.29 105880002001 362316030 6.29 105880003001 362317020 6.29 105880004001 362318010 6.29 105880005001 362319000 6.29 105880007001 362321060 6.29 10588000800] 362322050 6.29 105880009001 362323040 6.29 105880007001 362321060 6.29 105880008001 362322050 6.29 105880010001 362324030 6.29 105880011001 362325020 6.29 105880012001 362326010 6.29 105880015001 362329080 6.29 105880016001 362330050 6.29 105880017001 362331040 6.29 105880002002 362334010 6.29 105880002003 362338070 6.29 105880003003 362339060 6.29 105880004003 362340030 6.29 105540006001 363065610 13.17 102250005007 365009160 21.01 104190009001 366121090 13.71 104503518002 374029061 6.29 695.13 STORM DRAINAGE 102090001004 155141020 56.68 100360001255 155170060 82.76 100360001080 155174020 78.25 100190001151 255005050 23.29 100220001185 255020060 30.64 100220001286 255022040 23.29 106870101000 255023030 30.64 325.55 57 Agenda Information Memo September 3, 1991, City Council Meeting FINAL ASSESSMENT HEARING (I-35E) B. Project 372, Final Assessment Hearing (I-35E, Streets & Utilities)--On July 16, the City Council received the final assessment roll for the above-referenced project and scheduled a public hearing to be held on September 3, 1991. Enclosed on page.5 ' is a summary tabulation of the final assessment rates as compared to those contained in the feasibility report presented at the public hearing held on February 21, 1984,which originally ordered the installation of these improvements. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, a special informational neighborhood meeting was held on Thursday evening, August 22, to review the proposed assessments with affected property owners. Enclosed on page /o0 is a letter of notice informing the property owners of this informational meeting as well as the fact that many of these property owners probably have had this assessment plac d in escrow when they purchased their new home. Enclosed on pages through is an executive summary of the assessment roll present d at this informational Iieighborhood meeting. Enclosed on pages 76 through is a memo from staff summarizing the issues raised and discussed at this meeting. In addition, staff has handled numerous inquiries by phone from affected property owners helping to answer their questions and address their concerns. If any questions or issues remain, staff will continue to address them as a part of the formal public hearing process. Additional Information: Enclosed on pages 7 7 through "6 is a written objection submitted by Mr. Leo Murphy re ar•ing the proposed assessments for this project. Also enclosed on pages through ,},' is additional information resulting from staffs research in response to this oojection. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 372 (I-35E, Streets & Utilities) and authorize its certification to Dakota County. FINAL ASSESSMENT HEARING PROJECT NUMBER: 372 ASSESSMENT HEARING DATE: September 3. 1991 ,SUBDIVISION/AREA: 135E Utility Crossings PUBLIC HEARING DATE: February 21 . 1984 and Street Improvements IMPROVE?ZNTS INSTALLED AND/OR ASSESSED: F.R. = Feasibility Report FINAL F.R. FIRAL F.R. SANITARY SEVER PATES RATES $TORN SEVER RATES RATES S.F. $ .045/sf $ .045/s M.F. .057/sf .057/s U Trunk © Trunk C/I .068/sf .068/s _ •$30,755.40 /Is $ 37,010.00/1s [X_d Laterals $4,633.27 /Is $2450.00/Is 0 Laterals 2,102.57 /Ac -0- U Service 0 Lat. Benefit/ Trunk ❑ Lat. Benefit/ Included in Trunk 18.10/ff 18.10/ff 2.79/ff 9.24/ff street rate 2.79/ff 9.29/ff WATER STREETS ❑Trunk _ _ ❑ Gravel Base ❑Laterals _ ❑ Surfacing [' Service © Res. Equiv. $ 37.83 ** $ 38.73/ff ®Lat. Benefit/ 0 Multi Equiv. 58.98 ** 59.23/ff Trunk S.F. 16.90/ff 16.90/ff © C/I Equiv. 81.06 *_* 74.05/ff ❑WAC 5' conc. n/a 10.67/ff © Trail 8' bit. n/i_ 6.39/ff LERVICES STREET LIGHTS ❑ Water & San. Sewer ❑ Installation ❑ Energy Charge CONTRACT * OF INTEREST AMOUNT CITY/COUNTY N0. PARCELS TERMS RATE ASSESSED FINANCED 61933, 61932, $797,073.27 F.R. 61799, 61376 _ 280 15 Yrs. 11 % 756,256.77 5196.726.8q COMMENTS:: • Includes 9.24/ff for street drainage. ** Includes $2.79/ff for Street Drainage 'MA city of aagan 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN,MINNESOTA 55122-1897 mayor PHONE(612)454-8100 DAVID K.GUSTAFSON FAX (612)454-8363 PAMELA McCREA August 14 , 1991 TIM PAWLENTY THEODORE WACHTER Council Members Re: Project 372, I-35E (Streets & Utilities) THOMAS HEDGES Notice of Informational Meeting Prior to Final AssessmentAtearing EUGENE VAN OVERBEKE Dear Property Owner: City Clerk Enclosed with this letter is a legal notice of the final assessment hearing scheduled to be held before the City Council at 7:00 p.m. on September 3, 1991. This is the final assessment hearing wherein the final costs associated with the City street and utility improvements installed in conjunction with I-35E will be formally presented for consideration of final adoption and certification to Dakota County. Due to the number of business items that the City Council must address at each meeting, time constraints may limit the staff's ability to properly address all the questions and concerns that may arise to the level of detail desired by the affected property owners. Therefore, we would like to provide an opportunity for you to review and discuss the completed project and proposed final assessments with City staff at an informational meeting scheduled to be held at 6: 30 p.m. on Thursday. August 22 . 1991. in the Council Chambers. Property owners in Blackhawk Glen, Blackhawk Glen 3rd, Blackhawk Ridge, Blackhawk Ridge 2nd, Stoney Point or Stoney Point 2nd Additions may have had the amount of the proposed assessment escrowed with a title company as a condition of your closing on your new home. Please contact the title company involved with your closing to determine if there is an amount escrowed to cover this pending assessment. We look forward to being able to meet with you and discuss this project in greater detail. Sincerel , jegete omas A. Colbert, P.E. Director of Public Works TAC/jj cc: Mayor & City Councilmembers c/o Thomas L. Hedges, City Administrator Enclosure THE LONE OAK TREE..THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer PROJECT 372 I 35E UTILITY CROSSING AND STREET IMPROVEMENTS INFORMATIONAL HANDOUT At the conclusion of the public hearing on February 21, 1984, the City ordered Project 372. Construction of the improvements occurred in conjunction with the State of Minnesota building of I35E through the City and was performed by the State. The City entered into cost participation agreements that defined the cost sharing responsibilities between the City, Dakota County and the State of Minnesota. According to the feasibility report the following improvements were to be constructed and/or assessed. The improvements are: trunk water main crossings, trunk sanitary sewer crossings, trunk storm sewer crossings, street and trail improvements, storm sewer lateral, and sanitary sewer laterals. Final construction costs were received from the State of Minnesota during 1991. All improvements have been constructed and/or placed in use. The assessment hearing is scheduled for September 3, 1991. The following information was used in the preparation of the assessment roll. ;. PROJECT COST Improvement Total Sanitary Sewer Trunk $ 38,307.10 Sanitary Sewer Lateral 4,633.27 Water Trunk 131,207.92 Storm Sewer Trunk 133,426.01 Storm Sewer Lateral 46,556.24 Street 572,455.94 Trail 28.405.63 Total S 954.993.66. II. ASSESSMENTS A. Trunk Assessments It is City policy to assess the trunk area assessments and lateral benefit from trunk utility improvements at the rates quoted in the feasibility report. a The following trunk area rates and lateral benefit from trunk utility rates were proposed in the feasibility study and are used in the preparation of the assessment roll. The improvements and rates are: Improvement Zoning/Use Rate Lateral Benefit Sanitary Sewer Trunk -- $ 18.10/ff Lateral Benefit Water Trunk Single Family 16.90/ff Storm Sewer Trunk Single Family .045/sf Storm Sewer Trunk Multi-Family .057/sf Storm Sewer Trunk Commercial/ .068/sf Industrial B. Lateral. Street and Other Assessments 1. Sanitary Sewer Lateral Improvements A sanitary sewer lateral was constructed at a cost of $4,633.27 to serve 10-02100-013-28 and will be assessed to it. 2. Sanitary Sewer Trunk Improvements Construction costs to relocate and expand the City's sanitary sewer trunk systems were incurred by the City in the amount of $38,316.96. The feasibility report proposed assessing 100'ff of lateral benefit from trunk to Parcel 10-01000-010-56 at the rate of $18.10/ff. 3. Water Trunk Improvement Construction costs to relocate, replace and expand the City's water trunk system were incurred in the amount of $131,429.54. The feasibility report proposed assessing a total of 100 ff each of lateral benefit from water trunk to Parcels 10-02100-013-28 and 010-50 at the single family rate of $16.90/ff. 4. Storm Sewer Trunk Improvement Construction costs to expand the City's storm sewer trunk system were incurred by the City in the amount of $133,537.28. The feasibility proposed assessing 1,293,005 s.f. at the C/I rate of $0.68/s.f. , 300,160 s.f. at the M.F. rate of $.057/sf and 2,486,479 s.f. at the S.F. rate of $.045/sf. The roll as prepared proposes to assess 1,367,153 s.f. at the C/I rate of $.068/s.f. , 0 s.f. at the M.F. rate of $.057/s.f. , and 899,120 s.f. at the S.F. rate of $.45/s.f. by' - 5. Storm Sewer Laterals a. West End of Deerwood Drive A storm sewer system that provides storm water drainage to abutting parcels was constructed at a cost of $30,755.40 which was billed to the City. This lateral system was constructed on the west end of Deerwood Drive. The feasibility study proposed assessing this cost equally to the properties abutting Deerwood Drive on the west end which results in $15,377.40 being assessed to each. b. East End of Deerwood Drive The City was billed construction costs of $15,800.84 for the storm sewer improvement on the east end of Deerwood Drive. The storm sewer assessment rate was computed by using a sum of weighted areas in the drainage areas. A weighting factor is used because the use of the property contributes to the runoff of storm water, i.e. concentrated uses generate more runoff than a less- concentrated use. The resulting weighted areas and rates are: Weighting Weighted Class/Use Area Factor Area S.F. 4.53 .4/.4 4.53 M.F. -0- .5/.4 -0- C/I 1.99 .6/.4 2.985 Weighted Area 7.515A The assessment rates per acre is computed in the following manner: Construction Weighted Weighting Weighted Class Cost Area Factor Rate S.F. 15,800.84 + 7.515 x .4/.4 ■ 2,102.57/A M.F. 15,800.84 + 7.515 x .5/.4 ■ 2,628.22/A C/I 15,800.84 • 7.515 x .6/.4 ■ 3,153.86/A Parcel 10-2100-010-50 assessment obligation is composed of two parts. $15,377.70 from the west end and 2.61 acres $2,102.57/A - $5,487.71 which totals to $20,865.41. The area used for assessment purposes was computed in the following manner: $ 20,865.41 + $ 2,102.57/A ■ 9.92 Acres Parcel 10-02100-013-28 assessment obligation for % of the storm sewer improvement located on the west end of Deerwood Drive is $15,377.70. The area used for assessment purposes was computed in the following manner: • $ 15,377.70 + $ 2,102.57/A ■ 7.32 Acres 6. Street Improvements The City paid for street improvements totaling $572,455.94. From these costs three different assessment rates were developed in accord with the methods used in the feasibility report and used in completing this assessment roll. The rates are: a. 32' Street 7-ton Design. i.e. Single Family Equivalent $ 37.83/ff _ 44' Street 9 Ton Design - Multi Family Equivalent 58.98/ff c. 52' Street - 11 Ton Design C/I Equivalent 81.06/ff 7. Trails and Sidewalks, Trails and sidewalks were constructed at a cost of $28,905.63 which was paid by the City. The feasibility report proposed assessing these costs, however, a change in City policy, causes this improvement to be non-assessable. The improvement will be financed by the City's Park Trail Dedication and Construction Fund. C. Assessment Spread The assessments are spread to the abutting parcels except for those parcels which were subdivided subsequent to the ordering of the project. Those assessments will be spread on a ratable basis to the succeeding parcels. D. Assessment Terms The assessments for this project are to be spread for a term of 15 years at an annual interest rate of 11% on the unpaid balance. III. CITY/RESPONSIBILITIES The City will finance the following amounts: (Responsibility) Street $ -0- Sanitary Sewer Trunk Fund (36,497.10) Water Trunk Fund (127,827.52) Storm Sewer Trunk Fund ( 6,292.02) Park and Trail Dedication and Construction Fund (28.405.63) City Responsibility 8(199.022.27) O 2 /�p N M P �p N 1 pp N N T I fV O N * V p N A N A N Y v CO d P �0 pMO0 f. 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C,1 - O J J Z C ZI N 3 3 3 s 71 33 3 3 KN 7 MEMO TO: FILE FROM: MICHAEL P FOETSCH, ASSISTANT CITY ENGINEER DATE: AUGUST 28, 1991 SUBJECT: CITY PROJECT #372 I-35E STREET & UTILITY CONSTRUCTION FINAL ASSESSMENT INFORMATIONAL NEIGHBORHOOD MEETING An informational neighborhood meeting was held for the above- referenced project on Thursday, August 22, 1991, from 6:30 p.m. to 8:00 p.m. at the Eagan Municipal Center. Five residential property owners as well as three representatives from City staff were in attendance. The attendees were as listed below: NAME ADDRESS Orin & Melinda Beitlich 1491 Federal Court Leo Murphy 1655 Murphy Parkway Suzanne Smith 1503 Lakeview Lane Harvey Franz for Henry Franz 1535 Deerwood Drive Tom Colbert City Staff Mike Foertsch City Staff Jerry Wobschall City Staff Tom Colbert opened the informational neighborhood meeting at approximately 6: 30 p.m. and provided a presentation of the materials included in the informational packet which was provided to all of the attendees at the meeting. The presentation outlined the history of the project, areas included in the assessment, items which are proposed to be assessed (i.e. , street, water laterals, sanitary sewer, etc. ) , cost participation agreement between the City and MnDOT, assessment rates, assessment terms (interest rate and length of the assessment) , policy for prepayment of assessments and the amount of the City's share of the improvements. Residents from the Stoney Pointe 2nd and Blackhawk Glen 3rd Additions questioned the differences in their per lot assessment, $1, 051.48 and $559.88, respectively, for what appeared to be a similar benefit to each subdivision. Tom Colbert explained that the Stoney Pointe 2nd and Blackhawk Glen 3rd Additions had not been developed at the time of the public hearing which authorized the project and a pending assessment against the parent parcels. Subsequent to the pending assessment being listed on the parent parcels, the developments were approved resulting in a per lot assessment. The per lot assessment is based on the size of the parent parcel as well as the number of lots per parcel. Since neither the size of the parent parcel or the number of lots in which each parent parcel was divided into were the same, the resulting per lot assessment rates are different. Tom went on to explain that typically in cases where a parent parcel carried a ;6/ Page 2 pending assessment and a subsequent subdivision of the property resulted, the title company would typically escrow the amount of the pending assessment plus some overhead factor. The residents were advised to check with their realtor and/or title company for a possible resolution of their question. The residents questioned whether future assessment obligations would be levied against their parcels. Tom Colbert explained the current special assessment policy in that if in fact there was a reason for additional improvements in their particular subdivision which would result in a special assessment, the property owners would be noticed of a public hearing prior to any of the construction activities being undertaken by the City. The residents also questioned the extension of the existing sidewalk along Federal Drive. The residents were referred to the Parks Department for a future sidewalk extension. Leo Murphy questioned the street assessments for Deerwood Drive because he recalled representatives from MnDOT stating that Deerwood Drive would be reconstructed without any cost to the City. Mr. Murphy also stated that the reason for MnDOT's commitment to build Deerwood Drive along the existing curvilinear alignment was that the curvilinear alignment was less expensive than constructing Deerwood Drive along the section line as it existed in the past. Tom Colbert explained to Mr. Murphy that cost participation agreements were entered into between the City and MnDOT for the cost of the Deerwood Drive construction. In preparing the final assessment rolls for the projects, the requirements of the cost participation agreements were taken into account. In response to Mr. Murphy's recollection of MnDOT's commitment, City staff is currently researching City files in this regard. The meeting was adjourned at approximately 8:00 p.m. Asistant Ci y ngineer MPF/jj 7' . . a ,- ,,i_72 ,...J-e.- -e . 41171 - ,-Z - ,'" - 3Z-2- / ____ ! /.-------=4.),_5.- e.---- - 4-±z-3------.2, / , - _ z,- _/ .. . / D rE@moymin -- - / - 77 ---- To:. Those concerned with the assessements levied by the City of Eagan for the cost participation agreements entered into with MnDot (Him. Dept. .of Transportation) construction of I3% project # 999372. tt From: Leo Murphy, 1625 Deerwood Dr. Construction. costs. of re-aligning Deerwood Dr. ep 29 Q�G Date : August 26, 1991 RS.0*1 Background: I was a. member of the Eagan Planning Commission from 1971 to 1978, Mayor from 1978 to 1980, as such I was heavily involved with Mn Dot in the proposed construction. of 135E thru Eagan.. My recollection of that involvement: It all started in. 1952 when MnDot sur- veyed my farm for a. proposed interstate hwy. During the first half of the seventies, MnDot asked for City approval for re-aligning Deerwood Dr. (D.D.) The reason they give for the re-alignment was the $4000.00 afoot cost of the I35 bride- over D.D. Since the shortest distance between two points is . a straiht line , LinDot said that the bridge constructed at right-angel to the I3% roadbed, would be considererably shorter then a.. bridge constructed at an angel that would be required if the original D.D. alignment was used. Vie refused pointing out that a. new curved D.D. would be considerably longer then the present straight D.D. This., increased driving distance multiplied by D.D. 5E and 13 being there for ever, would add millions to the cost of Eagan rest='! dents travelling D.D. MnDot came back and said that they would build D.D. and the ajacent property street accesses to D.D. that would be required by the new D.D. alignment, at no cost to the City or ajacent property owners. This sweetened the pot considerably and with the Feeds and States big gun of condemnation, we felt getting a. new street for nothing was better then con- tinued denial and ending up in condemnation and being assessed for the new D.D. The City agreed to a. new alignment.. Subsequently, MnDot called a meet- ingwite Eagan officials and staff;1and'affected property owners.. I remember i ri rg to their meeting with Councilman Ted Wachter and Mayor Herb Polzin. After being repeatedly assured that the state would not assess any costs, the affected property owners: agreed on an alignment south of D.D. By move- , ing new D.D. south of old. D.D.,. my farm and the farm on my east, now Black- hawk Pond addition,, access to new. D.D. was cut off, in effect, landlocked. MnDot assured us that they would build us. new access street to D.D. at no cost to us. The City asked that it be built to City street standards. NOTE : All the above sequence of events_ should be recorded in the Planning Commission and Council meeting minutes.. of the seventies. The cost of the Deerwood Dr. bridge was part of the I-35E highway system which is, 90 ;b Federal and 10`t State funded and in no way should it be assessed back to adjacent property owners. The fact that MnDot chose to relocate this bridge and a. new street to accomadate it because it would save them considerable money as compared to the longer , more costly bridge over old Deerwood Dr. alignment, should not be cause to assess adjacent property owners. The meet- ing with hinDot to determine the location of the new Deerwood Dr. alignment was held in the mid seventies. at MnDots: District 9 office in Oakdale. 711 CITY OF EAGAN NOTICE OF SPECIAL ASSESSMENT Project #999372 August 14, 1991 The EAGAN CITY COUNCIL will meet on the 3rd day of September, 1991, at the ' Eagan Municipal Center, 3830 Pilot Knob Road, Eagan MN, to approve and adopt the listed special assessments against the following described property: 10 02100 013 28 LEO MURPHY 1555 MURPHY PKWY EAGAN MN 55122 The special assessments aret TOTAL ANNUAL FIRST YEAR FIRST YEAR TYPE OF IMPROVEMENT 8/A 0 PRINCIPAL PRINCIPAL INTEREST ISTALIMENTS SANITARY SEWER LATRL 2098 4633.27 308.88 637.07 945.95 LAT BEN SAN SWR TRNK 2099 0.00 0.00 0.00 0.00 LAT BEN WATER TRUNK 2100 1690.00 112.67 232.38 345.05 STORM SEWER TRUNK 2101 0.00 0.00 0.00 0.00 STORM SEWER LATERAL 2102 15369.79 1024.65 2113.35 3138.00 STREET 2103 13191.32 879.42 1813.81 2693.23 TOTAL 34,884.38 2,325.62 4,796.61 7,122.23 You may pay any portion of these special assessments within thirty (30) days, specifically on or before the 3rd day of October, 1991 without interest at the Eagan Municipal Center. If you choose to pay after October 3, 1991 interest will be charged from September 3, 1991 to December 3, 1991. • Any unpaid portion will be collected in annual installments of principal and interest for the next 15 YEARS on your future property tax statements which will be issued through the Dakota County Auditor's office. The annual installments include interest at the rate of 11 PER CENT per year on the unpaid balance. • 79 page 4 Project # 372 I-35E Utility Crossings and Street Improvements 5. Storm Sewer Laterals a. West End of Deerwood Drive, A storm sewer system that provides storm water drainage to abutting parcels was constructed at a cost of $30,755.40 which was billed to the City. This lateral system was constructed on the west end of Deerwood Drive. The feasibility study proposed assessing this cost equally to the properties abutting Deerwood Drive on the west end which results in $15,377.40 being assessed to each. b. East End of Deerwood Drive. The City was billed construction costs of $15,800.84 for the storm sewer improvement on the east end of Deerwood Drive. The storm sewer assessment rate was computed by using a sum of weighted areas in the drainage areas. A weighting factor is used because the use of the property contributes to the runoff of storm water, i.e. concentrated uses generate more runoff than a less concentrated use. The resulting weighted areas and rates are: the 2Edx arsessel lb !&(0(- P101 PePertf 15 5c - m land 4- Sfo >c.5 away 11-6)-1 bet►'LA,ces rcckoTS Weighting Weighted Glass/Use Area Factor Area S.F. ( 5ingIc fate;/y) 4.53 .4/.4 4.53 M.F. ( )►,kJtr pfe Fa).k.ly) -0- - .5/.4 -0- C/I [co lnefccil- ZkJustl-La I) 1.99 .6/.4 2.985, fhe-e. , s >>r /a ctass/use- ' foss /y u7'i fa, N Weighted Area 7.515A The assessment rates per acre is computed in the following manner: Construction Weighted Weighting Weighted Class. Cost Area Factor, Rate S.F. 15,800.84 • 7.515 x .4/.4 — 2,102.57/A - M.F. 15,800.84 • 7.515 x .5/.4 — 2,628.22/A C/I 15,800.84 • 7.515 x .6/.4 3,153.86/A No 1 D 1-ln lahA cJaSS/t( Se. Parcel 10-2100-010-50 assessment obligation is composed of two parts. $15,377.70 from the west end and 2.61 acres $2,102.57/A • $5,487.71 which totals to $20,865.41. The area used for assessment purposes was computed in the following manner: $ 20,865.41 • $ 2,102.57/A • 9.92 Acres Mu► Joky Parcel 10-02100-013-28 assessment obligation for % of the storm sewer improvement located on the west end of Deerwood Drive is $15,377.70. The area used for assessment purposes was computed in the following manner: • 515.377,70 _•. $ iJO2.57/A _7..32_Acres____ ___ __ _____._ Vote for above: This. storm sewer was installed by MnDot as part of their re-alignment construction cost for Deerwood Dr. MnDot did not charge the City for this construction, see Tom Colberts letter dated August 25, 1983 (enclosed) stating that "-the City has not entered into any ty a of cost participation agreement with MnDot as MnDot relates to the relocation and upgrading to City standards of Deerwood Drive from Riverton Avene to approximately the center of- Section 21 east of I-35E.',-";. therefore I should .not be asse.seed for this storm sewer. If MnDot did charge City for this Deerwood Dr. storm sewer, the City should refuse payment. To: Mayor and City Council From: Leo Murphy Re: Elack1 .wk Lake Storm Sewer Ae.se sment While I was_ a member of the Council the assesements against the George Ohman. Sr« farm came before us` for deferment. In discussion between Council and staff there waa a concensns that it would be to the city' advantage financially to postpone the assesmentmun- tit the development plat came in for the property„ because of the inflation factor. Because of the unbelieable amount of the assesment I have na al- ternative but to ask for a:.deferment until the property is developed. Your consideration in thin matter will be apprciated.. Because of a meeting conflict I will not be able to attend the asses meat hearing and am talcine this_ means to convey my request. August 2G, 1991 Again. I am asking for deferment if the Council decides to assess these lateral utilities.. My property is zoned Agriculture and is farmed. Sanitar storm severs and water laterals to my farm are not used in farming and add no value to land being farmed,, in actuallity„ decrease its value . To assess my farm now for these' la'terDa1 utilites because of their potential future use , is not valid. Taxes and utility assessments should be based on what is r not _the future. You do not pay income,tax on future earning potential. I am not aware that the City has ever assessed for lateral utilities before. The developer has paid for them. • • • C}/ • To: Those concerned with the assessments levied by the City of Eagan for the cost participation agreements entered into with MnDot (Minn. Dept. • of Transportation) construction of 135E project # 999372. From: Leo Murphy, 1625 Deerwood Dr: (D.D.) Date : August 26, 1991 Ref: A analysis of my letter of inquiry dated. August I4, 1983 and Tom Colbert, Diretor of Public Works, dated August 29, 1983. See attached. Questicn 1. The Directors response to my inquiry of who will pay for the construction of new Deerwood Dr. (D.D.) "As of this date, the City has not entered into any type of cost participation agreement with MnDot as it re- lates to the relocation and upgrading to City standards of Deerwood Drive from. Riverton Avenue to approximately the center of Section 21 east of I-35✓: This construction of Deerwood Drive does: not include any utilities with the exception of storm sewer to handle the surface drainage of the completed portion of leerwood Drive—With an extension or this orm sewer to the north right of way just west of I-3353 for future drainage of your property when development occurs" . My analysis of the Directors response : a. Since the City of Eagan has no participating agreement with MnDot in the construction costs of D.D., MnDot can not assess the City which in turn assess the ajacent property owners, for any D.D. construction cost. Eagan does not assess adjacent property owners for State and Federal roads, as example,. Johny Cake Rd., built by the State for Zoo access at no cost to the City. The City did not assess the adjacent property owners. To have done so would . be not only legally wrong, but also morally wrong. Would you bill someone for something not done ? If the City did enter into a. cost participating agreement. with MnDot after the Diretors letter of August 29, 1983, then the Council betrayed the adjacent D.D. property owners, and previous. councils and staff. b. The last sentence of the Directors answer to question I. states that MnDot did install a. storm sewer and stubed along my south-west property line for future use . Since- this storm sewer was constructed as part of D.D. construction project, aid for by the State, therefore its cost, listed as improvement S'/A # 2102 of $15369.79, on my Notice Of Special Assessment Project # 999372,. should not be assessed to me or to the Franz property aceros.s. Deerwood Dr. since the State -.paid for it. My property is zoned. Agriculture and is farmed, thus absorbs surface water, yet the assessment rate for farmland is. the same as homeowners with their houses and hard surfaced streets. This is-,'grossly unfair. Over a third of Blackhawk Park surface water drains accrosa my property, et I can not bill the City. for this, instead. the City charges me over /3. a month for storm sewer run off. The sea: level elevation of some of my farm is lower then the State installed storm sewer ( see attached topog map) . Since water does not run up hill, MnDots_ sewer has no value This topog map also shows sanitary sewer and water._stubs. installed Et Davenport and Riverton Ave. at 880. ft. elevation,. 4 ft. lower then tbe. States. at 884.7 ft., installed in 1973 with Jandrio Cedar Grove # 8. The map also shows sanitary sewer stub at 857.98, storm sewer at 866.95, water at 863. from Blackhawk Pond Development. These .Assessment Pro j. #999372: sanitary sew. # 2098, lateral water # 2100 ace un necessary duplirat 2. The Director states that home owners. will be assessed for benefits be- cause the City did enter into a. cost participation agreement with MnDot. Conversely, no participation agreement, no assessment. Paul Hauge 1625-Deerwood Dr. Eagan City Attorney Eagan, Mn. 55122 August 14, 1983 Dear Paul: VI-11P I was a member of the Council, we had a number of meetings with Mn DOT relative to 3 aE . My understanding at that time that Mn DOT would construct a new Deerwood Dr. with utilities at no cost to the City. Since Mn DOT was` cutting off acre ae to the Ed Dunn property, they plann.Pd on constructing anew street, commonly referred to as Murphy Ave., across my property with utilities with no cost to the City or adjacent property owners. Que stuns: I. Does the city have a written agreement with Mn DOT as to who will pay for new De erwood ? Doe a it include utilitie a ? 2. Will adjacent property owners be assessed for Deerwood if the state pays for it ? If the state does not pay ? 3. Will adjacent property owners be asae Bead for util.itie a on Deer- wood if the state installs them? If the state don' t ? 4. Does the City have a written agreement with Mn DOT on the coat of new Wurphy Ave ? i.e. who will pay the cost. 5. Will adjacent property owners be aa9e seed for the new Murphy Av. if the state constructs it ? If the state does not pay for it ? 6. Will utilities be i n t Ile d along Murphy AT..?.` 7. If they are insta Ile d who will pay for them? The Murphy farm is under green acres. The state plans on buying about 4 acres for 3g . The acre age they buy will be taken off gre e n acre a. The re at of the farm will stay green acre s. 8. Will the City ask for green acres. beck taxes on the 4 acres? On all 40 acres? 9. Will past green acre a s ee s.sde nt s ( sanitary sewer) be d.e mande d by the city on the states purchase ? On the full 40A ? 10. Will the 1982 deferred storm sewer s sessement over $46,000.) deferred until property is platted,, mand.ed by the City on the 4A..? On the VA. ? This information is needed for the condemnation hearing met for Aug. 3o, l 83.. It will be greatly appreciated if you can supply this. info or any other info you may think pertinent, before then.. Thank you. Sincerely, Leo Murphy 03 • tit ityoFecicjcin. 3795 PILOT KNOB ROAD.P.O. BOX 21199 BEA BIOMOUIST EAGAN,MINNESOTA 55121 Mayo' PHONE:(612)454-8100 • THOMAS EGAN JAMES A.SMITH JERRY THOMAS THEODORE WACHTER Ceunci Me^lbe's August 25, 1983 THOMAS HEDGES City AdmenshotOI EUGENE VAN OVERBEKE C„v Clerk Mr. Leo Murphy 1625 Deerwood Drive Fagan, Mn 55122 Re: I-35E "C", Dunn & Curry (D&C) Access Road Dear Mr. Murphy: Your letter of August 14 to Paul Hauge, City Attorney, was forwarded to my at- tention for review and response in relationship to several questions and concerns you raised. I will try to address each question respectively as submitted in your letter as follows: 1. As of this date, the City has not entered into any type of cost participa- tion agreement with MnDOT as it relates to the relocation and upgrading to City standards of Deerwood Drive from Riverton Avenue to a proximately the center of Section 21 east of I-35E. This construction of Deerwood Drive does not in- clude any utilities with the exception of storm sewer to handle the surface drainage of the completed portion oT Deerwood Drive with an extention of this storm sewer to the north right of way just west of I-35E for future drainage of your property when development occurs. In addition, sanitary sewer and watermain lateral stubs will be constructed to your property for extension with future development in the same approximate locations as the storm sewer. These will be discussed in further detail under the feasibility report for Project 372 which is presently being prepared. Cas- ings will be provided for future construction and crossing of trunk water main under I-35E on the south side of Deerwood Drive, and another casing will he provided for extension of water main to service the south side of Deerwood Drive west of I-35E. 2. Adjacent property owners will be assessed for benefits received from the improvements due to the fact that the City will be participating in the costs of these improvements through a cost participation agreement with MnDOT. The extent of the assessment obligation of adjacent propert es cannot be determined until the City completes the feasibility report for Project 372 and proceeds with a public hearing which will identify these assessment obligations. 3. Similar to number 2 above, adjacent properties will be assessed for benefit received from any utilities installed that services and/or benefits that pro- perty. This also will be addressed in the reference feasibility report. THE LONE OAK TREE. ..THE SYMBOL 0 STRENGTH AND GROWTH IN OUR COMMUNITY . Mr. Leo Murphy August 29, 1983 Page 2 4. At the present time, the City has not entered into a cost participation agreement with MnDOT pertaining to the construction of the D & C assess road (new Murphy Avenue). This road will be constructed to ultimate City standards with concrete curb and gutter and storm sewer to handle surface drainage. Subse- quently, it has not been defined as to the extent of City obligation relationship to the cost of this road to City standards. S. Same as number 2 and 3 on page 1. 6. There are no utilities proposed to be installed within the Dunn & Curry (D & C) assess road which you referred to as Murphy Avenue. 7. NA. See number 6. 8, 9, and 10. On any award that MnDOT makes to the affected property owner for land acquired through the acquisition process, the City of Eagan will be named as a party of interest in the check. Subsequently, before the City will sign off on any payment by the State, we will require that all levied, deferred or similar past assessments and/or taxes over the area being acquired by MnDOT is brought up to date and paid in full. The City will not make any demands pertaining to any property not being acquired by MnDOT. If you would like further explanation pertaining to the response to your ques- tions, please feel free to contact me at your convenience. Sincerely, "d4,4— homas A. Colbert, P.E. Director of Public Works cc: Paul Hauge Project 372 • TAC/jj • • 25' • • 1 -.\.\' .., : „\\. ,,\\, ,,\. .. /1 ,-"/P:1;.,,,,, . : ,, .., 6.j,/1.11/I,•;,•:-':,, I. .•:)1):,',:!.: . ...,:[a .sz: 9/7 : c: -1 i 1 / L' i / s 4 : \ :,,,,.\\■., i ..*„ 1 1 : .t.. ‘ ),,. \'''' \j 1 \ " '3'. .._ • \' • ' I sli.CA ha ',*(..'ftd •tt\. 1-...... .-----'.., --.--.1- " -- in,' - ---: . •—'., 'I \ A -,.."\., ' .... -•-.."-----__ • / 1 -\ >�\ \`- \ 1-s •,`• ;'�‘,., ,,‘s ‘' ': --...::-..;\1 , \ • \ _• ....'••••••••••"Z•......-''....•••■•..------•"C:'..-t---- ' . .1-"T* 1 IL, ) 1 ) • ,... ..., •' ..... -••• •--,,,,,, ''''0', \.\\\ \-..., 4%,„..1 4.11k''>..:'Z.>,\ ' ..\%....,•,,7,.,,, ...2.1-'4.14, .......X,V.:, ;g14 / ( ) / ,, \\ '.. \\ 1 I hail J'PSi .1 ' \\wvon .o- \•11 1 '•\ / \ \�\ +'�t�fl.-+. >t'4.+.: ii \''4 \\1° ! J.�. . \.•ZM ) a ! � \ • • !c I f Y � :"1------'7.. \, a� .11 r. .- . am 7. ./1 . 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F'�� = /. i''1 leerwo• • Driy-' I a _ -� To�Mi _ DID/ MEMO TO: MAYOR & CITY COUNCIL C/O THOMAS L HEDGES, CITY ADMINISTRATOR FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: AUGUST 30, 1991 SUBJECT: PROJECT 372, FINAL ASSESSMENT HEARING (I-35E, STREETS & UTILITIES) OBJECTION BY LEO MURPHY, PARCEL 10-02100-013-28 On August 29, an objection with supporting documentation was received from Mr. Murphy who resides at 1625 Deerwood Drive. Mr. Murphy objected to the proposed assessments for the sanitary sewer, water and storm sewer laterals installed to service his property as well as the street assessments for Deerwood Drive. The basis of Mr. Murphy's objection is based on the contention that it is his understanding that Deerwood Drive was to be constructed by MnDOT at no cost to the adjacent property owners and that the laterals installed to service his property do not benefit his current agricultural usage. Both of these aspects will be addressed specifically as follows: Utilities While sanitary sewer, storm sewer and water main facilities were previously available near the intersection of Riverton Avenue with Deerwood Drive, with the proposed upgrading of Deerwood Drive, it was appropriate and prudent to extend these utilities to service the southwest corner of the Leo Murphy property on the north side of Deerwood Drive as well as a portion of the Francis Franz property on the south side of Deerwood Drive. These storm sewer, sanitary sewer and water main stubs were sized and designed at an elevation to allow the development of the property to its highest and best use as identified in the City's Comprehensive Land Use Guide Plan, that being single-family residential development. The location, elevation and size of these utility stubs took into consideration various potential developments' concept layouts prepared by Mr. Murphy. While it is recognized that these utility stubs are "capped off", they are readily available for immediate connection and service as the property may need them. The assessment for these utilities are justified by the inherent increase in land value associated with having utility service immediately available to the property in question. With the installation of these utility laterals being considered a local improvement, MnDOT has not and would not participate in their installation costs. Street Improvements There were four separate cost participation agreements with the Minnesota Department of Transportation (MnDOT) associated with Project 372. MnDOT CPA #61932 dealt with the Deerwood Drive improvements. While MnDOT did finance the majority of the Deerwood Drive improvements, this Cost Participation Agreement required the City of Eagan to finance portions of Deerwood Drive beyond the limits of MnDOT's determined responsibility to provide continuity of the completed roadway improvement with the existing local City streets. Subsequently, there was some local participation with the improvements of Deerwood Drive by MnDOT. In reference to previous road improvements performed by the State and not being assessed to the adjacent property owners by the City (i.e. , Johnny Cake Ridge Road) , Johnny Cake Ridge Road is the only exception in the City of Eagan where no assessments were levied against adjacent property owners that staff is aware of and this exception was a result of specific State legislation passed in 1976 that stated "no special assessment for benefits occasioned by the improvement of the road, shall be assessed against the property of those owners who donate the right-of-way necessary for the improvement". No similar legislative directives were associated with the I-35E/Deerwood Drive improvement. Also, the right-of-way for the Deerwood Drive improvements were not dedicated without reimbursement by the adjacent affected property owners. Summary Because Project 372 dealt with the installation of utilities and street improvements from LeMay Lake and 35E down to Diffley Road and 35E incorporating four different cost participation agreements, all of the City obligation costs for streets and/or utility improvements covered by any or all of the MnDOT cost participation agreements within the overall scope of Project 372 were tabulated and divided equally by the adjacent benefitted property to determine an equitable rate for all similar zoned pieces of property. Historically, Agricultural zoned property has been classified and assessed at the same rate as Single-Family Residential property. The application of the City's assessment policies in relationship to the cost participation agreements and State Statute limitations has been reviewed by the City Attorney's Office. After this legal review and advice, the final assessment roll was prepared and presented to the Council for this final assessment public hearing process. Respectfully submitted, 4114/r--- homas A. Colbert, P.E. Director of Public Works cc: Leo Murphy TAC/jj (Fie Agenda Information Memo September 3, 1991, City Council Meeting VACATION/MANOR LAKE ADDN C. Vacate Drainage & Utility Easements (Lots 7,8 & 9,Block 1,Manor Lake Addition, & Lots 1 & 2, Block 5, Manor Lake 2nd Addition)--The five lots referenced above are proposed to be replatted into the S. Todd Rapp Addition which will provide four lots. Subsequently, the existing ponding and common lot line drainage and utility easements over these existing lots need to be vacated to accommodate this new plat. Adequate replacement drainage and utility easements will be provided on the new plat. Notices have been published in the legal newspaper and sent to all potentially affected utility companies informing them of this proposed vacation. Staff has received objections from Dakota Electric Association and US West, enclosed on pages 9. and 9/ , with the understanding that the developer's responsible for relocating any existing utilities to newly dedicated utility easements with the new platting process. Enclosed on page 72, is a map referencing the extent of the easements being vacated. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of drainage and utility easements for Lots 7, 8 & 9, Block 1, Manor Lake Addition, and Lots 1 & 2, Block 5, Manor Lake 2nd Addition, only on the condition that this vacation be recorded simultaneous with the recording of the final plat of the S. Todd Rapp Addition. Fr? U S WEST Communications RECEIVED AUG 6244 Cedar Avenue South Y G(' 2 Q R chi eid. Minnesota 55423 �,7 Fac!mes Engineering COMMUNICATIONS August 27, 1991 Mr. Michael P. Foertsch Assistant City Engineer City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Subject: Easement Vacation Proceedings - Block 1, Lots 7, 8, and 9, Manor Lake First Addition and Block 5, Lots 1 and 2, Manor Lake Second Addition Dear Mr. Foertsch: U S WEST Communications currently owns cable facilities located within . the above mentioned easements prepared for vacation. We do not wish to release our easement rights within these areas. It is my understanding that these easements are being vacated so the land in question may be replotted. This being the case, U S WEST Communications would not object to this vacation of easements if the following conditions are met: 1. When the parcel is replotted, new utility easements will be dedicated (10 feet wide along front of lot and 5 feet wide on side lot lines). 2. The developer who replots this parcel would pay the cost of all cable and/or pedestal relocations. This would include the relocation of pedestals for aesthetic reasons or due to conflict with driveways or landscaping. If you have any questions on this matter, please call me on 861-8702. Sincerely, • a.44444 KW/#(104 W. K. Pickard Engineer-Facilities 91° RECEIVED AUG 2 6 1991 ELECTRIC Iss : : rr. r : : r August 23 , 1991 Mr. Michael P. Foertsch City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Vacation of lots 7 , 8 & 9 Block 1 Manor Lake Addn. and lots 1 & 2 Block 5 Manor Lake 2nd Addn. Dear Mr. Foertsch, Dakota Electric Association has facilities installed to service the existing lots as originally plated. If the area is replated the transformer and pedestals must be moved to accommodate the proposed plat. All charges for the relocation of our equipment must be agreed upon prior to the commencement of our work. If you have any questions or comments please call me at 612 463-6265 . Sincerely, Tom Berg Engineer sjt A Consumer-Owned, Nonprofit Electric Utility 4300 220th Street West/Farmington, Minnesota 55024/Telephone:(612)463-7134/FAX:(612)463-6256 An Equal Opportunity Employer Zorn F rn --' QW `` L_s„Fc gr.os_ J J Q OF of —Dose/--4' QJ ---+- -• '- !� 3,FJ SFeD S i ›,I 1 h-- L - v o --° 0 0\ Fs ' DOl�'/— - tp.xu -1„ 1,f:?L O a •C' a9°c von el Qv _ 0 u ti Qa\ �9. 0 2 j ^ , ?ti els _,'moo / `26 • ' p l m� _ • v+ o c o °4;_ Bjs bBS�J r I. . as H O • r) 4) //hod, g�E A) 0 d99// O , r.:'..••3 '�Q b'O/�/�y '•' O :! I 4 U $0.E 44 WV G n .. h v1 .% . F ...:'�'�.,,... ,'r.• •',� ' z .c 1., x tof•i� O/ w ,00o;' i,06S-•• pf':' ” ` 'Z•'?1•';•::y;:'.......................•f n •r'• ';.:. } 1i r W H 4 q W• r_ `/.. ,\ •h�0'J%'l 1 L i„��,�/°//- • ,i•1 v . ` r,‘ I. 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CV VI O hl, O o ;') O = 4 c ..e._ 'A�yl h ^ "' � — 996b/:� .891°2 m 2 Q " • 0 °'/ J e O rs :w- " 10 - h Agenda Information Memo September 3, 1991 City Council Meeting [OLD BUSINESS, APPOINTMENT/AIRPORT RELATIONS COMMITTEE A. Appointment to Airport Relations Committee Vacancy--A press release was sent to local papers regarding the vacancy on the Airport Relations Committee created by the resignation of Becky Newell. Ms. Newell's term was to run through January of 1992. While the remainder of the term is relatively short, the significant nature of the issues coming before the community in the airport noise area imply a need to fill this position on an interim basis even though it will b up for reappointment for next year's organizational business. Enclosed on page y c a copy of the press release which was sent to the newspapers. Enclosed on pages through 03 are letters of interest received by the City regarding this vacancy. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint a resident of Eagan to fill the current vacancy on the Airport relations Committee, for the term ending in January of 1992. �3 FOR IMMEDIATE RELEASE CONTACT: JON HOHENSTEIN, 454-8100 EAGAN SEEKS CANDIDATES FOR AIRPORT RELATIONS COMMITTEE POSITION The Eagan City Council is requesting letters of interest from individuals wishing to serve on the City's Airport Relations Committee. The Committee advises the City Council on policy issues concerning the Minneapolis-St. Paul International Airport, its relationship to the community and associated noise impacts. The Committee meets on the second Tuesday of the month at 7:00 p.m. Interested individuals should address a letter expressing their desire to be on the committee and a brief description of their background or relationship to the issue area to: Mayor and Council, City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122. Letters must be received no later than Thursday, August 29, 1991. CP/ August 1, 1991 Mr. Jon Hohenstein The Eagan Airport Relations Committee Eagan Municipal Center 3830 Pilot Knob Road Eagan, Minnesota 55121 Dear Jon: I understand that, as a result of the resignation of Becky Newell, there is now a vacancy on the Airport Relations Committee. I would like to be considered as a candidate to fill that vacancy. I am presently a Board member of the Eagan Noise Abatement Council (ENAC) . Becky was also a member of our Board, and we consider it very important that ENAC continue to have representation on the Airport Relations Committee. As a resident of the Highview neighborhood in Eagan for 34 years, I have witnessed the steady increase in aircraft noise from commercial jet traffic over the years. As you know, the Highview neighborhood is the closest residential area in Eagan to the airport. Since we are so affected by the flight patterns and resulting aircraft noise, I believe it is essential that we have representation on your Committee. I have been active relative to airport noise for approximately two years. During that time I have attended numerous meetings sponsored by MAC, ARC, ENAC and others. As a result, I have developed a good background relative to the history and current status of the airport situation. With this background I would do my best to serve the people of Eagan well as a member of the Committee. If you have any questions or need further information relative to my application, I can be reached by phone at the numbers indicated below. Sincerely, Thomas N. Monahan 2840 Highview Terrace Eagan, Minnesota 55121 Phone: Business 349-5271 Home 454-4428 Tom Hedges July 29, 1991 City Administrator Eagan, Mn. Dear Tom, I wish to be considered for the position on the Airport Relations Committee vacated by Chair Person, Becky Newell. My background qualifications are: 1.ENAC board member for three years. 2.Eagan citizen for thirty-two years. 3. Airport Manager and Supervisor at MSP International for the U.S. Customs Service rovr thirty-one years. Respectfully, ;24. Donald Grant 1275 Towerview Rd. Eagan, Mn. 55121 454-2758 196 ks C. Smith I 797 Four Seasons Dr. DEC 3 I ���� 1 agan, MN 55122 December 31 , 1990 64oT6 : IMR•S��.r► Tom Hedges Rt cS t4 O 1-Akr t4.S Eagan City Administrator oiz■G,twit. L+Ertc-+. 3e 3830 Pilot Knob Road �ySt1e,1,� qc Trbts 1 Olt Eagan, MN 55122 Dear Mr. Hedges , I am writing in response to the notice in the Decmber 26, 1990 edition of the Eagan Chronicle regarding committee positions . I apologize for submitting this letter at the last moment and hope that it meets the deadline. This past year my wife and I built a new home in Eagan. Prior to our move to Eagan , we had been living in Minneapolis for two years and in Shoreview for two years. We love Eagan 's location and environment and plan to make Eagan our home for many years to come. With Eagan bordering both of the downtowns and rural Minnesota there are many issues which a growing city like Eagan faces . As a resident of Eagan , I would like to be part of the decision process which determines Eagan's future development. Accordingly, I am submitting my name for three committees . My preferences are as follows: 1 ) Economic Development Commission 2 ) Airport Relations Committee 3 ) Advisory Planning Commission In addition to being an interested and concerned resident , I feel that I have qualities and experience which would allow me to serve effectively on any one of these committees. I am originally from Northfield where I went to high school and graduated in 1981 . Following high school , I attended St . Olaf College where I graduated from in 1985 with a degree in political science. I then attended Hamline University School of Law where I concentrated on tax law, corporate planning, and real estate development. I graduated from Hamline in 1988 and was admitted to the Minnesota bar following graduation. Since graduating from law school, I worked in a downtown Minneapolis law firm for one year before leaving to take my present position as a tax associate at the public accounting firm of Coopers b Lybrand. At Coopers I am responsible for preparing and reviewing corporate and partnership tax returns as well as providing tax consulting services to our corporate clients. I feel that my legal background combined with my experience in public accounting would make me a valuable member on the committees which I have listed. However, if you feel that my skills and experience are more "'tted to another ct7 • Tor. Hedges Page Two committee which I have not listed , I would be interested in discussing these options with you. Again I apologize for the late date of this letter. I look forward to speaking with you in the future. If you have any questions , I can be reached at 370-9316 during the day or 894-5196 in the evenings. Sincerely Yours, Brooks C. Smith 11) ,T @ IA OWE ''‘ . August 19, 1991 li AUG 2 21991 li Mayor and Council i1 City of Eagan 1./ 3830 Pilot Knob Road ' Eagan , MN 55122 Dear Mayor and Council : I express my interest in serving on the Eagan Airport Rela- tions Committee . The current and long range relationship between the city residents and the airport presents a challenge which causes me to volunteer my time and energy. The Eagan community became my new home in December 1990 after searching many of the suburban areas of the Twin Cities . I was a resident in Richfield for nearly 15 years and experienced the pros and cons of living near airport noise . Living near the airport is helpful since I fly over 60 , 000 miles annally in my profession . I would bring an open mind to the committee and work hard to resolve differing opinions and seek mutually agreeable solutions. I t is important to balance the needs of the community to have arrPc.c• to a first class airport and to be an attractive community for people to live . I have served on various volunteer committees and recognize the importance of regular attendance and the wi l l i ngne=_;_. to prepare for meetings. I enthusiastically offer my name in consideration for the Airport Relations Committee . Sincerely, GA4 /?' /K--/ /7/' Wi l 1 i a.m J . Kc'rte 4206 Yew Point Eagan , MN 55122 68?-0465 aV)t 0,74IR, /99/ /2:4ever,t1 der.z4ta UP/ 67" AUG221991 j ;41414 , 1 Offecio•thhio-ti _iativ/e/ eat,a/), /, • der7vu4,1711kd "viva 1Y ; 1 ; a IcA ed, Uvata /' AA441 42,97-/%1-&co■ ietAti Q_t . � �e ems . � n�� am., � � ;. . ,mac �...�- ti 9-et-0144 711444 6/bk. /314 gersrif sy /..2s-6) MoD [E@IE OWE August 24, 1991 D AU6 2 8 Mg Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Mr. Mayor and Council Members: Please accept this letter as my request to be considered for membership on the Airport Relations Committee. Some of the factors that may qualify me for membership are: - Resident of Eagan from 1975-1983 and 1987 to present - Member and elected officer of the Pembina Municipal Airport Authority (International Port of Entry on the Canadian, North Dakota and Minnesota borders) who was active in several airport projects, including a major improvement project that required building relationships with the FAA and ND Aeronautics Commission - Family members include military aviators, private pilots and business persons in related industries (not in Minnesota) - Worked in the securities industry for over 15 years - Have co-owned a business, served on several boards in the past - Presently employed as a teacher - Presently serve as a member of two local service organizations I believe that the above brief list underwrites my ability to ask the "right" questions that, when answered, lend constructive insight to policy issues of interest to the Mayor and the Council. Having lived in Eagan "back when" I can identify with the growth that the community has endured and having recently returned to the area, I can see how this growth has and is affecting our quality of life. It is an interesting time to live in Eagan. I would be glad to provide references. Sincerel , is Monson 4368 Sandstone Drive Eagan, MN 55122 687-0578 O August 25 , 1991 A@LiG 0:91E Mayor and Council 2 9 City of Eagan L 3830 Pilot Knob Road Eagan, Minn. , 55122 Dear Hon. Mayor and Council, I recently saw an article in the local paper asking for candidates for the city' s Airport Relations Committee. I would like to express my interest in being a part of that Committee. I have recently moved to the city of Eagan and would like to get involved in local government and the community. My address is as follows : Greg L. Femrite 4508B Cinnamon Ridge Trail Eagan, Minn. , 55122 612-882-1818 Thank you for your time and consideration. I look forward to hearing from you in the near future. Sincere y, Greg L. Femrite • , 0Z . � | o �| i �� � � �� =�° � � ��k 1120 Westbury Circle ' Eagan, MN 55123 452-1429 August 25, 1991 Mayor and Council Eagan City Hall . 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Mayor and City Council Members: I wish to be considered for a position on the city's Airport Relations Committee. I have been an Eagan resident and home owner for the past six years and would like to support my community by serving on this committee. I was a Naval Flight Officer while serving in the U. S. Navy from 1977 through 1984. In addition, I was an Aviation Safety Officer. Through my naval training and personal experience, I am familiar with aircraft, flight control procedures and the FAA. I am currently working at Unisys as a Staff Engineer in Technical Management on Airborne Programs. I feel strongly that airports and the communities surrounding them can work together in mutual support. I would like an opportunity to make that happen in our community. Sincerely, '6H i 'clei() Tom Gold 1 63 Agenda Information Memo September 3, 1991 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT/SEMPER HOLDINGS B. Comprehensive Guide Plan Amendment, Semper Holdings, Changing the Land Use Designation from PF (Public Facilities) to CPD (Commercial Planned Development) and a Rezoning to a new Planned Development District with Specific Uses on Approximately Ten Acres Located Along the South Side of Cliff Road,West of Rahn Road, in the NE 1/4 of Section 31—At its meeting of July 23, 1991, the Advisory Planning Commission held a public hearing to consider a comprehensive guide plan amendment and a rezoning for a new planned development district for the Hadler Park planned development comprising approximately 10 acres associated with the former Dakota County Western Court Facility building. The commission had previously heard the item at their June 25, 1991 meeting and continued it at the request of the applicant. The item was brought to the August 6, 1991 City Council meeting and was continued to the September 3, 1991 City Council meeting. For additional information with regard to this application, please refe to the Commu,4Y Development Department staff report which is enclosed on pages /0 through l/ f Also enclosed on pages // through /..3/ is a background memorandum from the Community Development Department together with a petition and letters from neighborhood residents who have expressed concern regarding this application. Enclosed on pages /3 2-through j3") are copies of the June 25 and July 23, 1991 Advisory Planning Commission minutes with respect to this item. The APC is recommending pp oval of the application as outlined in the commission minutes. Also enclosed on pages • (� through /t(( is a letter from Michael Turner,Chair of the Dakota County Board of mmissioners concerning this application. For the Council's information, enclosed on pages/6/1. through I(13 are copies of t e August 6, 1991 City Council minutes regarding this item. Finally, enclosed on page 1t{ is a copy of a memorandum from City Planner Sturm regarding a neighborhood meeting which was held on Wednesday, August 28, 1991 regarding this proposed project. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a comprehensive guide plan amendment from PF to CPD and a rezoning for a new planned development district for the Hadler Park lanned development located at Cliff Road and Rahn Cliff P P Road as presented. D tSLSUUtgr;i City Of Eagan ; '.MS 2 6 1991 t 3830 Pilot Knob Rd Eagan Mn, 55122 j Dear Mayor and City Council Members, I would like to be considered for the Airport Committee that you are forming. I live in the city of Eagan end -have recently attended various city council meetings in regard to the division of Outlot A of Overview Estates. I have seen that t amour of involvement and effort the goes into various decisions made by the council and would like to become involved in lv8 in them. I work at Rosemount Inc. in the Aerospace division, as a manufacturing engineering supervisor, so I believe that my work background would be an asset to this committee. I have an bachelors degree in Electrical Engineering, and a masers degree in Business, so my educational background would also be an asset. I believe that I would be an asset to this committee. Please contact me at the following address in regard to. your decision on the matter: _ Patricia Todd r 731 Golden Meadow Rd Eagan, Mn 55123 Home Phone Number: 688-7928 I am looking forward to your replay. t Sincerely, �ti \ 1, �-`-- J Patricia Todd l'.;‘,, Y Y .tom,y C b S Ff J• c.t.{'2• '^E r' p�, 4 `'.4 a'� rel y a r y r 'y z y:ir.::': £F 4'44:.t r • ::"7-34' 1yS��S ' :::''' ' -'p, _. ,.., . p...,1,. ..._iA„....s..41..,,, .. ,,,,,,t,41,...t..e. ... , „,-,..,. .,e.,,. ,,,,,_ , ,,,,i,....:7„:"..--ih-eiii-4.:6,ii---47-,-"ts:etiz;,.:,,*,,,,,;:-.....;:::7. 1:-.4t1,.,..,,,vta:;::?::::„..":".,::,3444 ,47:,..:::::W14-''' , _ T. u1, ,::-r- '„,r•' -,r r. L r, / 1033 AUG 30 ' 91 10; 42 FROM CONTROL DATA PAGE . 002 D CONT1 L DATA 5100 34th Avenue South Mailing Address/Box 0 Minneapolis,Minnesota 55440 August 30, 1991 Mr . Jon Hohenstein City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 RE: Vacancy on the Eagan Airport Relations Committee Dear Mr. Hohenstein: My interest in serving on the Eagan Airport Relations Committee is based on my opinion that the airport is a valuable asset to the area, but its adverse impact on individuals, homeowners and neighborhoods must be minimized. Personal qualifications include 0 1/2 years as an Eagan homeowner . Prior to this I lived the majority of my life in South Minneapolis. rive of those years were in a home directly under a flight path. My occupation is Assistant Risk Manager for Control Data Corporation and I am a single parent of two sons, ages 7 and 14. The opportunity to serve on this particular committee is of great interest to me and I look forward to hearing from you. Sincerely, Kathy urdock Assistant Risk Manager 1030 SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT & PLANNED DEVELOPMENT AMENDMENT (HADLER PARK PLANNED DEVELOPMENT) APPLICANT: SEMPER HOLDINGS, INC. LOCATION: 141, B1, DAKOTA COUNTY PLAT I NE 1/4 OF SECTION 31 EXISTING ZONING: PD, LB (PLANNED DEVELOPMENT, LIMITED BUSINESS) DATE OF PUBLIC HEARING: JUNE 25, 1991 DATE OF REPORT: JUNE 13, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Comprehensive Guide Plan Amendment from PF (Public Facility) to a CSC (Community Shopping Center) district and a Planned Development Amendment from PD-LB (Planned Development-Limited Business) within the Mission Hills South PD to PD-CSC in the proposed Hadler Park PD. The site consists of approximately ten acres located along the south side of Cliff Road, just west of Rahncliff Road. BACKGROUND: The site is currently owned by Dakota County and contains an existing 14,000 sq. ft. office building,which until March 4, 1991,was operating as the Dakota County Western Court Facility. South of the site is the Cedar Ridge Christian Church and vacant PD-LB property; west of the site is the drivers'test site; Park Center is north of the site, and east of this site is Rahncliff Crossings. This application was originally before the Advisory Planning Commission on March 28, 1991. At this meeting, the item was continued for 60 days at the applicant's request. Since the March APC meeting,the applicant has requested an additional 30-day continuance so the plans could be revised to reflect concerns raised by property owners at a neighborhood meeting held May 13, 1991 at the Dakota County Library. EXISTING CONDITIONS: The site contains a large ponding area just northeast of the existing building and there is significant tree growth along the northern portion of the entire site. COMMENTS: The applicant is requesting a PD Amendment that will remove this property from the Mission Hills South PD and create the Hadler Park Planned Development that will accommodate the mix of uses proposed. The original conceptual site plan submitted proposed five separate buildings with uses including retail, restaurant, and office with total low building square footage of 50,000. The revised site plan contains only four buildings, with a total area of approximately 40,000 sq. ft. and a maximum building coverage of approximately 9%. The Limited Business zoning district allows a maximum building coverage of 20%. In addition to removing one building from the site plan, the applicant has provided an additional 10'setback along the south side of the property. This 30'green area will be bermed and landscaped. In an effort to respond to neighborhood concerns, the revised site plan eliminates any new construction on the south half of the property, except for a pond. With this revised layout, no new construction will be closer than 1,000'from the nearest residence and the existing office building will be screened by berming and landscape materials that are not in place currently. The proposal includes a 12,000 sq. ft. Walgreens store in the northeast corner of the site. The existing 14,000 sq. ft. office building is anticipated to be converted to a medical/dental office; and the remaining two buildings are proposed sit-down, or Class I, type restaurants of 6,000 sq. ft. and 8,000 sq. ft. maximum building size. The City Code requires off-street parking at a rate of one space for every 150 sq.ft. of retail and office space. Parking requirements for restaurants are figured at one space for every three seats based on design capacity. Calculating the entire site (40,000 sq. ft.) at the one space per 150 sq. ft. rate requires 267 on-site parking spaces. The revised plan provides 271 on-site parking spaces. The actual number of required spaces, as well as the parking layout, will be determined when the exact size of the proposed restaurants is known. The site plan shows maximum building sizes, but both buildings may be smaller depending on the tenants. As proposed, all building and parking setbacks meet Code requirements. ACCESS & CIRCULATION: Access to the site is proposed at four locations: one right in/right out access on Cliff Road; one full access on Rahncliff Road; and one access point on the south end from Rahn Way. Rahn Way currently serves this site and the Cedar Ridge Christian Church before it dead ends. The City will have to make a determination on the possible role Rahn Way will play in providing further access. The applicant has also made revisions to the plan in an effort to mitigate access and circulation concerns raised by Short, Elliot, and Hendrickson (SEH), the City's traffic consultant. These changes include: increasing driveway width and curb radii; providing a through drive aisle internally; elimination of all dead-end parking aisles; designating trash collection and delivery access with semi-truck maneuverability;and providing sidewalks along the front of parking spaces that surround the buildings. The revised plan eliminates one of two internal connections between the north and south halves of the site. SIGNAGEILANDSCAPING: The City is currently reviewing its Sign Ordinance. The conceptual site plan shows possible locations of four pylon signs. This proposed development will be required to meet City Sign Code requirements in place at the time of review and approval of each detailed pylon sign proposed. The landscape plan submitted works well conceptually, however more landscaping will be required along Cliff Road. C L WATER QUALITY AND STORM WATER PONDING REQUIREMENTS: The proposed developments storm water runoff currently drains to Pond AP-13. Pond AP-13 is a designated ponding area in the City's Storm Water Management and Water Quality Management Plans. Pond AP-13 also receives runoff from the adjacent church property to the south, bank and service station property to the east and vacant land to the southeast. A total drainage area tributary to Pond AP-13 is approximately 18.4 acres. A preliminary water quality analysis was requested by the developer to assist him in deciding whether the conceptual site plan as submitted would be compatible with probably water quality treatment standards. The 9.75 acres proposed development comprises the lower portion of the 18.4 acre drainage area tributary to Pond AP-13. Pond AP-13 is classified as a sediment basin in the City's Water Quality Management Plan. Storm water from AP-13 is discharged into another sediment basin (Pond AP-42) before it reaches Cliff Lake, a 12 acre recreational classified water body designated for indirect contact recreation (Class 2). The proposed conceptual site plan identifies an area located in the northwest quadrant of the intersection of Rahncliff Road and Rahn Way for ponding to serve the development. Ponding requirements with respect to water quality and storm water management will be identified in greater detail with the platting process of the development. UTILITIES: Sanitary sewer and watermain services available to the site from Cliff Road to the north, Rahncliff Road to the east and Rahn Way to the south. STREETS/ACCESS/CIRCULATION: Access to this site is available from Cliff Road, Rahncliff Road, and Rahn Way. The City and Dakota County are planning to upgrade Cliff Road to a four-lane urban designed roadway during 1991. During this project, the City intends to widen Rahncliff Road from Cliff Road to the south to match the existing Cliff Lake Road geometry to the north. The proposed driveway from the site to Rahncliff Road is required to line up with Rahncliff Court to the East. Rahn Way is currently a dead end street that terminates at the west side of the driveway opening to the church to the South and the courthouse facility to the North. When Rahn Road was constructed, a cul-de-sac to the west end was not provided. Rahn Way will be required to be extended to the west property line of this site to provide access to the Driver's License facility. EASEMENTS/RIGHT-OF-WAY/PERMITS: Additional right-of-way will be required along Cliff Road to accommodate the widening and upgrading of Cliff Road. The preliminary site plan shows that an additional 50' of right-of-way is proposed to be provided. Additional right-of-way for the widening of Rahncliff Road south of Cliff Road will also be required. The extension of Rahn Way to the west property line of this site will require the dedication of an additional 30' of right-of-way from this development plus another 30' of right-of-way from the church property to the south. As a part of the platting of the property, the development will be required to provide adequate drainage, ponding, and utility easements as required by the alignment depth and pond storage capacity of all required public utilities and streets necessary to serve this development. PD AMENDMENT: An Amendment to the PD should include requirements that all trash and recycling storage and equipment be contained inside each building; all rooftop mechanical equipment is screened from the street;and no outside storage. The applicant has provided a building elevation for the proposed Walgreens store. The building materials listed are a combination of stucco, brick, textured block, glass, and tile accents. The same building materials should be utilized for the remaining buildings on this site. As part of this PD, all buildings will require individual review by the APC and approval by the City Council. PLANNED DEVELOPMENT CONDITIONS: 1. The PD Agreement shall be amended/created to allow only retail, or Class I, restaurant uses. 2. All parking stalls shall be 10'wide except for handicapped stalls which shall be 12' wide. 3. All buildings shall be constructed of similar materials and colors. 4. Rooftop mechanical equipment shall not be visible from Cliff Road, Rahncliff Road, or Rahn Way. 5. All trash and recycling shall be contained within each building. 6. All landscaped areas shall be irrigated. Additional plant material, including evergreen trees, shall be provided along Cliff Road and Rahn Road. 7. No outdoor sales and/or displays, or loudspeaker advertising, shall be allowed. 8. All signage shall meet City Sign Code requirements in place at the time of individual City approval. 9. All driveway entrances shall line up with existing and/or future driveways on adjacent properties. 10. All buildings will require individual review by the APC and approval by the City Council. FINANCIAL OBLIGATION - 31-RZ-3-1-91 SEMPER HOLDINGS No financial obligation is computed nor is any proposed as a condition of rezoning property. There may be a financial obligation that results as a condition of platting. A street improvement is under consideration for Cliff Road. The City will propose to assess the benefit of that street improvement to that property through the normal assessment process. Improvement Project Use Rate Quantity Amount NONE SA- . . :Iiii ..... \ -Th-77 ", 'II I i®.../r .6)/)("/ ‘1 \‘tAr i 4 k r, Ell _.,6, , Eip ••• . TTLE ,..-- .. r". . . 7:-RW • sir.A, Til 9 ..t ' l] \ lf.•fl 3 i44 --I. . _ ) I . ii\IIILW:sl'CP61 j t 4 .• \ "1 . / 1 --:•N'It.. 1 W•11/ 4 4 Vbs ei, II -R-4 -":t in Ark: iicip _, • . - , \ k , • •,44,, : _ II 4/4 1 iPia • • it • 1 1 :i ,i 1 11 \ : I is I. 1 Itig , a \\:". J4ftfilil. 2 ,„,„..4 „, ,,• .,,,H, : .,, ,,, , • .., I • I J4-, • :II \ i gr .1,... 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W nao.+7 __ illit ''r J..•4t trA 1� i�.�': - to I 43 e �- OO 1 a s I I I I-��I I,I ' ' I i Ill e,u1 // 7 I----( ; ;)•i II . ,—.....,_ lit NA ....... . a. It.i i i( irt • 1 - �� I.ii r it'. $1 ,�,,.., N 'a 1 a I � i W 7,1tit -a � li 1 C6`fk ., 1 0 i I jiii �. � � I � IiIII 8 201 111y t � 1 ,. xa i , ;I I % ,III: 11 . .t ,� i .. I 3 ,1 I I III -I'�(_ . - * 1Q = — iw V4ff..CC J-_ 11 : iv3 i. ''f : ' ,. ► 1F7.: '-' 1 g 11 a li 1 Id ix i r • u.u. -..LI it f A O� • 3 wGi) .II40_I11IIIiII. sir! • lat I 11' L r a®? e tp Pi or 1 • , r—r-*----1— . 1.1 I 1 1 I 1 ( 16V h l'e)"Cijr,I I 0 e . la. ' 1 1 fry , +� A .a ® � MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE C. RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: JULY 25, 1991 RE: HADLER PARK PLANNED DEVELOPMENT At the July 23 Advisory Planning Commission meeting, the Radler Park Planned Development was approved 4/1. This project was first heard by the Commission in March and at that time, it contained five buildings totaling approximately 50,000 sq. ft.The project was continued until the May 28 meeting after a lengthy discussion by the Commission and numerous resident comments. The original application called for a Comprehensive Guide Plan Amendment from Public Facilities to a Community Shopping Center district and the creation of a new Planned Development with specific uses. The existing zoning is Limited Business within the Mission Hills Planned Development. Major resident concerns at the March meeting dealt primarily with: changing the Comprehensive Plan to anything other than Limited Business; traffic in the Vienna Woods area; and screening/lighting along the south property line. Monday evening, May 13, I attended a neighborhood meeting at the Library regarding this project. After the March meeting, Planning staff had several meetings with the applicant and they requested the item be continued another 30 days to take into additional consideration, comments at the neighborhood meeting. At that time, the City had received 114 individually signed letters of opposition on the same format (see attached example). A revised plan shown at the neighborhood meeting eliminated the southeast building pad location and placed a pond in that area. The only building on the southern five acres is the existing courthouse facility which is being proposed to be remodeled into the medical clinic. The removal of one building also reduced the number of parking stalls on the south side of the property from 167 to 95 and the total square footage to approximately 40,000. The proposed uses along Cliff Road are two Class I sit-down restaurants and the Walgreens Drug Store. All uses proposed, except Walgreens due to the retail sales, are permitted in Limited Districts or through a Conditional Use Permit process. It is important to note that if straight Limited Business zoning was allowed per the existing Mission Hills Planned Development, the City would have much less control over the physical development of the property, i.e. architectural and landscaping. 'Is, • The southern property line setback was increased from the original plan to allow greater berming and screening of the parking areas. Only ten or so residents were in attendance at the neighborhood meeting which was also attended by County representatives. Most of the discussion was regarding traffic through the Vienna Woods area and the typical questions regarding the zoning and development rights and processes. At the June 25 Advisory Planning Commission meeting, the Hadler Park Planned Development was continued at the applicant's request prior to deliberation by the Commission. After my presentation regarding the process and revisions that had occurred to date, the applicant requested that the Commission review the plan, but not act on the applications so they could fine tune the site plan, if necessary. This somewhat unusual request was granted by the Commission and there was approximately 90 minutes of discussion. Approximately 25 residents were in attendance and they were again most concerned with the increased traffic in the Vienna Woods area, especially along Pin Oak Drive and the uses in the Planned Development, but more importantly the proposed Comprehensive Guide Plan designation of CSC (Community Shopping Center). There was discussion with the applicant of changing the Comprehensive Guide Plan designation from CSC to (CPD) Commercial Planned Development which would possibly alleviate some of the concern of the residents. The CPD district would designate the same uses as the Planned Development, eliminating the open retail uses that a CSC district would allow. In early-July, the applicants submitted a revised application for the Commercial Planned Development Comprehensive Plan designation. The item was then scheduled for the July 23 Advisory Planning Commission meeting. The Commission modified Condition 1 to read: 1. The PD Agreement shall be amended/created to allow a 12,500 sq. ft. drug store, an 8,000 sq. ft. Class I restaurant, a 6,000 sq. ft. Class I restaurant, and a 14,000 sq. ft. medical clinic, as shown on the June 10, 1991 revised site plan. If you would like additional information, please contact me. ity Planner JS/js r. r . PETITION OPPOSING REZONING PROPOSAL \ f • 4 On March 28 , 1991 , a proposal was put before the Eagan City Advisory Planning Commission for rezoning of the property consisting of ten acres located along the south side of Cliff Road, West of Rahn Road, in the northeast 1 of Section 31 (the former Dakota County Western Court Building and property) . The proposal is that the land use designation be changed from PF (Public Facilities) to a CSC (Community Shopping Center) district and a Planned Development Amendment from LB (Limited Business) to CSC (Comunity Shopping Center) . We are opposed to this proposed rezoning for several reasons including the following: . - increased traffic (resulting in air g pollution, noise pollution, headlight glare in the evening, and decrease in safety to children) - decline in the general aesthetic value of the community - probable decrease in property values We request that the Advisory Planning Commission vote to deny the proposed rezoning. NAME ADDRESS DATE 1 .&...z.-7..:4.7 . Vi aa.23 g &a . oy-/5- 9/ 2 . ---)Op..).1/ --2,.a7,3 A.--I 4X'k .6,E. ir,<7 ..) 4.6 OA 11 3 . /,Z--C G b :.C/r� i3;�� E l(.11-.7.-r 7>�i` C•• 4- ✓ ��j- Gv '•L.rL r�� f • ' (zr- /1 J n J 1 Y �-- I• C L►� ,` / �S y J .L.: ! !,�-'�- �-�- ..4., is . ,5 . J L ' ...•.e.....-..----••-• VA.,...-. ...a(..s0 0.,..„.• ,....„....., ..1-4.-ioc-- L1( [3 4 I 7 . Lio. N.. t. au`e.c \-;• e-p.- -0. L ,-- y/I Sic' i c • iip.V9/ 7°-----.. 6.,t/ 9 . 01,4 V . L ot, vy v�.► e.. 4. . �aarv-,- Vas-91 K..":4 ,,,, 44 VI K 44 10. t 6 •�/c%.a.4w 11 . ` L ,,c;,\,v Lt( _ .\0/2 . it ? Page 2 - PETITION OPPOSING REZONING PROPOSAL - CONT'D v 12 . . .-- . `., • Gt` �l i,,4 � �rJ . A`,�/S/9- 13 . �C e--).7..... ".- ' . 14 . 0 y / Re . - z3-- 9/ is. - --? ).4e.. -.�/. aOPb a -71/1 .7 IX .?3 C /14:1 yi 16,.— . f2/eVo a.WI, e/%7/.Xr 9/p-e . (...------ 17 . (.3,s'/ J l c & //I VI-z i✓,✓G //, c_. Lf' Z 3- y/ 18 . � d 419.nr a-v .. v°/ 3 vi< ..,nr} 4/9Hc- `7'-a3 -9/ 19 . ., jc �.� ;00('7 it/E�-v70 Le.../e. 17/- 2 )-Y/ 20 . ..-, 0 aR:Va '°P Ste-E- 3 9/ 21 . Ea,-1,-,,,,,A. ci, 2c15 v I t'fua 1..n,.• 23` 91 22 . Ai/.-----.N/ , --f_.e.;,A/6.-.. X,E..e,, A.-- 1, /t)11,f,/,Y-r(477 /..‘.- ) - . ---- . - 23. t`A3 6.4_,1(>c,,� ,_:-;1 Cif '�:i? ,(,gum 1r!•., / 6bq l/ (..--A"c U. .,. - -ii ' ,L r --_;.1, L I (Tic( ( J 24 . Z.,.1......4.4\. ..7 c cit. / C 25* fi��1�L j `f "L�' IYj:7((4` 7�- G ^i 1/ ` z 26. v {z .� cam 27. -f ' j / ç _�i c i,, '' ,;::,, .t 7. c 7-r -d1 ,( 3 0. r 4 4 210( r/IL ;, r n v•'In / -41' ( 6 h fiq ( /,� -L117_ v/v-P IA.ry N 1 t n., / Q R 1 L ■�//11 l ei J 31 . s.)\.,..i ' ) CM-/ / ( ,� , I4 C 1 4 i/Lc 32. //) ',I-.,•v ., ( (9. Page 3 - PETITION OPPOSING REZONING PROPOSAL - CONT'D 33 . 6%. -. a//, 4� 34 . 35 . 36 . 37 . 38 . 39 . 40 . 41 . 42 . 43 . 44 . 45 : 46 . 47. 48 . 50 . 51 . 52 . f . PETITION OPPOSING REZONING PROPOSAL On March 28 , 1991 , a proposal was put before the Eagan City Advisory Planning Commission for rezoning of the property consisting of ten acres located along the south side of Cliff Road, West of Rahn Road, in the northeast 1 of Section 31 (the former Dakota County Western Court Building and property) . The proposal is that the land use designation be changed from PF (Public Facilities) to a CSC (Community Shopping Center) district and a Planned Development Amendment from LB (Limited Business) to CSC (Comunity Shopping Center) . We are opposed to this proposed rezoning for several reasons including the following: . - increased traffic (resulting in air pollution, noise pollution, headlight glare in the evening, and decrease in safety to children) - decline in the general aesthetic value of the community - probable decrease in property values We request that the Advisory Planning Commission vote to deny the proposed rezoning. NAME ADDRESS DATE 1 . "4 •L;c.( "�"1 2(:� Pp,. c if-L)C ` // /C 0., , ly/2/11 e_t %-c7z/ ,,,7.77-1-z) /21..-7/74/.. C.-CI , 3 . t `'' n\ //‘' ) QN ) L IvAirtne Qi ?t,- /j' -).&-t-ct/ 4 . � l<< Gl l/1 z, 4¢ =�'c° 6/4 de, ,Z ,J<:c.� , 4 7 7c); c,-c cLie. AI c/- /.1 • `7 l 5. Y L .t, .'. -I i' 'v1?/✓ • i •6. li 7Z i. .,/ %`l^r.,/ i/1--t- I 4'/ I (\'' j°'- `.11 4;1- . ' Ir I ' / 7 • _.! ci•C • . 1j-27."J • ,2/ :2 6- �< ,ie°( 4(. /a -1/ r j, i9 ----. Xkl(.4.4:4p 7 . 8- 11 L.i CI ii...*).- . iv tif-7-77.- A I l f 9. \if:2C (/ cf/4/9 i 10. �/I %s ! 1 •//'75 . .iv......v,-}�iD fy//'i'/9/ 6,-_,. / 2"0 Page 2 - PETITION OPPOSING REZONING PROPOSAL - CONT'D 12 . ( ' , . z0r � / ,, / eci 13 . . 1/ J a '/e 14 . . .t 2U "721.,ta., 20a7g 4 •� t15 . k_L_,r__ t l � � /., 16 . ‘j./..a."-.r..... ; /2160_ ,; f r-.?6 / 1/4: 11(-'5 r, A / - 11 17 . • C G Y -) -- Lam; E-,-.-7.7-.-c G / V el / ( /•• ii 18 . ----- -4/,-1 / . 26%6?5 1CL-Lc-60 kli).;C... 6-a(-in; .... d i,,, %)(:)/2---e cenz.(7 J 19 . (C LA.,t. v I✓L.. w� G'G 'h- '��4-'L%5 ((1- (42 iLL £ -Ct r "t /)h 4).i.:.,( 2 (L! & I 20 . 1.-_ .. �� — 2 a 'S e v -Z 1 ,��/Z'�• ■ 21 . ' J J 1 i.' 11 ( j ill . IGc " }I.\ IN, ) 1 `)1.." ---,• 22 . , 23 . -t t_ L 'n-L.(L- cat.L.Q ! T j(.i''j ..2 ed . t(i :i NI . .s- I ?)--,,,..., /c.41-t 7 74,,,,,,firt, ( 016).7 lai ' iel -bitlikt, s /'' .4 filif 6. 6 -c-r 26. / . : . .,..--..d / ce.....-c,>,.. . ',J.; , ,g . . fr.'. "I'':'d'.< 1".0 et 41,3,1 I-e 11--ff--1-; --* VV )'. 30.-: ' , - . • i ! •;---- -'7::ft-i".,' 1 ' • '. ‘-', ...., ' EZ:itt-./11- 31 . 32 . f (. • y PETITION OPPOSING REZONING PROPOSAL On March 28 , 1991 , a proposal was put before the Eagan City Advisory Planning Commission for rezoning of the property consisting of ten • acres located along the south side of Cliff Road, West of Rahn Road, in the northeast 1 of Section 31 (the former Dakota County Western Court Building and property) . The proposal is that the land use designation be changed from PF (Public Facilities) to a CSC (Community Shopping Center) district and a Planned Development Amendment from LB (Limited Business) to CSC (Comunity Shopping Center) . We are opposed to this proposed rezoning for several reasons including the following: . - increased traffic (resulting in air pollution, noise pollution, headlight glare in the evening, and decrease in safety to children) - decline in the general aesthetic value of the community - probable decrease in property values We request that the Advisory Planning Commission vote to deny the proposed rezoning. NAME ADDRESS DATE 1 . G,.,,,yc,v-i' .4/0-0/ 2 . gpn .,chPL— (ls�.;:„) Oo� v�'eNkj� lam- ulwl°i ' 4 J / .. ' , 3 . 3 . cA 1( ,1r-4-P 2c^!I V' e�cit a L,4Ke �11b�7/ 1 i f� 4 . tA 9� ' r}D I U U.(-i2�'r.YUI - 4 -?/ a6;o ��t. Liok-4— i-,— — f/s . T ►-�r - � .74 v?D, { 0, 42 ,„„a_. Lo. ., �--a„,,,,,f c,„,, via-.,„„ei_1■641-9-' ./ --1---t L ' -- I 6-6/Y ,. 4,,11 1,.: 1 1,„... ic n, Ao I€i 1/c047rIcc-) leuti-- 8. J 2/ �jr 0 ti t enn� La--l(' 7 ��� Celt 2 3C� 9 ---.7.---Y\ /717fr • /v�r,au 4. 6 . �i l o . . ,a l; < a ti�� 20 30 11 . , A/4 122_ Page 2 - PETITION OPPOSING REZONING PROPOSAL - CONT'D . 9l 12. G CJ L- U V e i1 �n, 4. ') 13. c),M-1-C.-AtilLtdt-s ... 14 - .<:,;3, 7,. / • . D 6,.--( cul-..t..t,,, but;.t....t.c_.. -•/ 13-- q7 . -7 //,‘,e2 ....... ri/.. .,.:‘,-.. w 1 s.� iN,1 , . • • i 'fib cD ( v ..�,.` Q� y.-//3 1.2 _ 16. -Q ,( .1)d-g" 2 4-fe -r�l- 0 i - .) f 'i ! t j 17 (i• i, '/Z /A ' rACk L q-13 18 . C//14/ 7-1.,<,, di z d - - ..2 o 12 2 /P/s,. V//3/47/ 19. N om.. ` �=`.3Z Ni t r--4,. ., (,,.tii r-. 20. 4,':-/- • 1 f /7/2-:..1.7,,,4; o✓ 6 (I I r y AK.( h(f I 1-/ I C 21 . c _0 :—Y J a°-014.4 _ c.,4 - 1 *-- ?/ 22 7611.-\_ `l l;%("1 2.66 7 VI & G'IX La - 4///0/f( /0/f 23 .` 'i /t� illgoi ? . 2_ •�(,C � 24 . - lal'e/i/ a-0 a-2 01 Vil 4 2k-r #.64C,---- 1("1-442-6t-- y � / ,� yfcL ) I ' 1- . 27. y'/"/' y9_,,,,,/// 30q4 30. Jam--) - qz.K?,/ PV46-1"-1---c4RE, VfeevIc. IK S-.� a a l�►'f 31 . 32. /23 PETITION OPPOSING REZONING PROPOSAL On March 28 , 1991 , a proposal was put before the Eagan City Advisory Planning Commission for rezoning of the property consisting of ten acres located along the south side of Cliff Road, West of Rahn Road, in the northeast I of Section 31 (the former Dakota County Western Court Building and property) . The proposal is that the land use designation be changed from PF (Public Facilities) to a CSC (Community Shopping Center) district and a Planned Development Amendment from LB (Limited Business) to CSC (Comunity Shopping Center) . We are opposed to this proposed rezoning for several reasons including the following: . - increased traffic (resulting in air pollution, noise pollution, headlight glare in the evening, and decrease in safety to children) - decline in the general aesthetic value of the community - probable decrease in property values We request that the Advisory Planning Commission vote to deny the proposed rezoning. NAME ADDRESS / � �. DATE . '� ' 1 . v - L, � � �' 2 . Cl E 'ssrt!3 . 09/ /`,Lic,i4 'sv //.. 1"' /4- V 4 . a4 a dL �11� V;, ,vw✓r,-, (n q l ail I 5. " f 3,u. Pr7,4.1.L '1/6 /2A/7 G`a.- r c /Cl T/ 2j 0q _ 1 / iJaA-1L0Y (1-/ Ioiq 6. ,,0..../,, . • '400/9 i 7. 1.).12. ,\oc, • CZ. 1c�1 8. ?42,x,r14.1449anin a�9� n Cja` `/1�;/9/ 4 9• 1�� .4 JJ o�io 1inC k 4110 191 vi .,)J,A._ Q . c9-r-s1 ll_J----u-i-4"'"' qt LA t lo . ^ ' /' 11 ✓cGr�vccrm /4 . 4-l4-1 / 11 . � C . 4 � t 2 . • Page 2 - PETITION OPPOSING REZONING PROPOSAL - CONT'D 67:/2-et -ta-CYP 12 . .�,t ?O - f u U,( r_ _./.,z q- /6, -c? j 13 111 .... 0 ((3 thiwt,14,77,1 1.,7,14: 4_ , G _t=k k 14 . A_PAA , -C' 7). l_. v‘ iti: - y_________&_.___.c g76S 6,..4c( 1-' _S, 16. �%/00 4 :.Ch y76 S-C La., 17. 13 - ec / . k , z 9 C% / ii../07 7 . 18. •.;,,%. t .14,-,- /(7/6 y725-- G c lnA . y I � L /� ? -77 Oce t:ic-% / C2 v c � Gs n 4-//c77 / 20. / L8.11,CA- 4, V.)-141.-31. i:Ci( -t-d 44 770, 60-k_ 21 . ,,ii - - ,i a��/ 1.17S C W J 22 . 1,,('o_i, . d Gc 4 p. 1L L1 q-z''S a r 11)z 41-117/9) i 23.E l K.4A i l � i el 7/1 rx47 e c,M y ilr 1 h/ —24 .r5.�..)L if)2 / / 25. t'( -��Y y7o9' oA,C u-ii-r y47/V 26. ; L un „at V / AfC 6 V17-11 27. 30. 31 . 32 . lea • PETITION OPPOSING REZONING PROPOSAL On March 28 , 1991 , a proposal was put before the Eagan City Advisory Planning Commission for rezoning of the property consisting of ten acres located along the south side of Cliff Road, West of Rahn Road, in the northeast 1 of Section 31 (the former Dakota County Western Court Building and property) . Tha proposal is that the land use designation be changed from PF (Pub;.ic Facilities) to a CSC (Community Shopping Center) district and a Planned Development Amendment from LB (Limited Business) to CSC (Comunity Shopping Center) . We are opposed to this proposed rezoning for several reasons including the following: , - increased traffic (resulting in air pollution, noise g p pollution, headlight glare in the evening, and decrease in safety to children) - decline in the general aesthetic value of the community - probable decrease in property values We request that the Advisory Planning Commission vote to deny the proposed rezoning. NAME ADDRESS DATE 1 . 2.025 P`401k 01/2 .0-20-7/ 2 . C)!:0.-PeN , 2\\--b<24a/Y . e ~ • 3 . iac,..( C/ c4,,g,t(4, p_446- Ad C,?4/( 1-) /C 4 .. of D s-3 ate. 0�� �4. -cif— z0 —9 , . 6. ,.P,C ei-e. -to/7 12: Ic 42. '• .Z /. 9! 7• ‘1 tx -;),0tq fh Oak Dr. — a1— `t 8 . glp--) X027 Pis., O k DA 9. ���. ao 7/ ,4a 469A-�c d a-.. 4-ad- 9/ 10. *4)/(y.e2e ,:i/440-f,00,20.k.J �- A. 1- ,/.A. 7 - / ere 11 . `--All ewp $at%) Page 2 - PETITION OPPOSING REZONING PROPOSAL - CONT'D 12. 6719R Y v - �JC11 20 q'7 P/,/ 091C D12 'S�-�!•y J °VA/ Ati � 77,z7-Q/ 13. i jy-ZvS 14 . gores. l4"1244'4- 15. .,(4;1-4,0p Mfg oepa oqk Dr. 9.1gr 16 . 7 ono , n� p� d a op- 4i /24 G'r A -ii - f/ 1�.J v�0lo�/ Ai h OQ,_Z/. 4-027- 1 / 19 . 'i�u�., rr ,- n %064 D -Z 7- y/ 20 . CaiLNoL_ o?ORP �cm 0±-31L_ <4--z 7-9/ 21 . raft ".4 07.6 Pin 4',k y- 22 . f o. oq t 7_cj / 23 . Arai Pry/ d4K D/2 07/1/ 24 4 o �'f o ' ki . 9/ U 2 5 .G j ., . 41.4.344..c.,„/ 4:9 Q F "/ —-2 9 2 6. Q ��t).>11,0101— c2 0y LA Oc [X_ di- a 7- 5 I 27. 30. 31. 32 . Members Advisory Planning Commission City Hall 3830 Pilot Knob Road Eagan, MN. 55122 RE: Proposed Rezoning Semper Holdings , Inc . Dear Members : On March 28 ,1991 , Semper Holdings , Inc. proposed to the Advisory Planning Commission that the 10 acre property located along the south side of Cliff Road, west of Rahn Road, in the northeast quarter of Section 31 be rezoned from LB (Limited Business) to CSC (Community Shopping Center) . As a resident in the neighborhood, I am opposed to this rezoning for several reasons including the following: . an increase in traffic in the area resulting in: - air pollution - noise pollution - headlight glare into adjacent homes in the evening - decrease in safety to the children living in the area and to those who play in Kettle Park . a decline in the general aesthetic value of the community . a probable decrease in property values resulting from a decline in the general quality of life in the neighborhood As the proposed rezoning would appear to be detrimental to the commu- nity for many reasons , I would urge you to vote to deny the proposed rezoning . Having confidence in the Comprehensive Guide Plan, I am hopeful that the property at issue will remain zoned as Limited Business . Thank you for your thoughtful consideration to this very important matter . Sincerely, • (signatures) (address) (date) /?$ Members Advisory Planning Commission City Hall 3830 Pilot Knob Road Eagan, MN. 55122 RE: Proposed Rezoning Semper Holdings, Inc. Dear Members : On March 28 , 1991 , Semper Holdings , Inc. proposed to the Advisory Planning Commission that the 10 acre property located along the south side of Cliff Road, west of Rahn Road, in the northeast quarter of Section 31 be rezoned from LB (Limited Business) to CSC (Community Shopping Center) . As a resident in the neighborhood, I am opposed to this rezoning for several reasons including the following: . an increase in traffic in the area resulting in: - air pollution - noise pollution - headlight glare into adjacent homes in the evening - decrease in safety to the children living in the area and to those who play in Kettle Park • a de:line in the general aesthetic value of the community . a probable decrease in property values resulting from a decline in the general quality of life in the neighborhood As the proposed rezoning would appear to be detrimental to the commu- nity for many reasons , I would urge you to vote to deny the proposed rezoning . Having confidence in the Comprehensive Guide Plan, I am hopeful that the property at issue will remai*^ zoned as Limited Business. Thank you for your thoughtful consideration to this very important matter . Sincerely, Am. / . ' if gnatures) • o2/L' these vv122I/ • 6a30,1") I--7' . 65/A(addes) W=4Q/q/ 6, (date) P-C • . ‘.e,./-ii I • , :- L-----. .- . . i . P-- - * . . . --,,,,,- ) , -- i 3,1 v;,..i. .. C./.7r L.,_% .---/ z... (....7 9 ( ii i: i,..). :./..,-, ;:, it ,>..-__ i-A-.:4-;,--1- a) tf..i•- li,i' ,•1-/-4 .-- 2.0 • r cc i- --. 4 / 0 • tk-cL'- -- - cl- 1,Laf,1_,C 4-Et OCil 1, CZ-4-- 4.- V- ,,. .,.', D2-4-42-- 17 1 ; 4 ' . JO • 4 • ' ' • • . C.• I.. .... ■,. .. C. C . r [..... t (.7 j) :.,t. ,--.L.c--1 , 0.7*);,.. _ ./ . 1 :.775I/___ _. . te •ffi rk:. ilz. ,„1- a -ki-- . ...4. , / . , :7X. a 1 C 7 .il l:e 4° 1Cda /,-.1.1e, (1" 0 ,..c.1_, tsi.e., ,., .....--- . 4.60t4.- C6-a.-4-1-- I .:, 4,z iez.4-x- ! ei ' .4,17 %4 l'• --tf,..c.4 t?.:,_:- . z _ ( ,,), ,-,Pf • . .-- g • (' CC c • 0 ( lb • o • I . • • ou 1 ( • • • . • • o • • k... • • _ --.c. k-• • ., ae. 1 , . • , e . • am / Lif ;2toS)- 1, 1i .--frtz-gt-a,:e-, /4,3 0 • • • • Members Advisory Planning Commission • City Hall • 3830 Pilot Knob Road Eagan, MN. 55122 RE: Proposed Rezoning Semper Holdings, Inc. • Dear Members: On March 28, 1991 , Semper Holdings, Inc. proposed to the Advisory Planning Commission that the 10 acre property located along the south side of Cliff Road, west of Rahn Road, in the northeast quarter of • Section 31 be rezoned from LB (Limited Business) to CSC (Community Shopping Center) . As a resident in the neighborhood, I am opposed to this rezoning for several reasons including the following: . an increase in traffic in the area resulting in: air pollution - noise pollution - headlight glare into adjacent homes in the evening - decrease in safety to the children living in the area and to those who play in Kettle Park • a decline in the general aesthetic value of the community . a probable decrease in property values resulting from a decline in the general quality of life in the neighborhood As the proposed rezoning would appear to be detrimental to the commu- nity for many reasons, I would urge you to vote to deny the proposed rezoning. Having confidence in the Comprehensive Guide Plan, I am hopeful that the property at issue will remain zoned as Limited Business. Thank you for your thoughtful consideration to this, very important matter. Sincerely, '1100 „�..� /AO _-11■!v (sig1=tures) r) 2 5 atol o k Dr: RECE'.'ED . •(addt€ss) q./ (date) �� I -777- - - te. «.ti .� iiR_ -.-_.. ___ _ -_ _ _ _- MINUTES OF A REGULAR MEETING OF TEE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA JU1E 25, 1091 A regular meeting of the Ragan Advisory Planning Commission was held on Tuesday, June 25, 1991, at 7:00 p.m. at the Eagan Municipal Center. Present were members Graves, Voracek, Trygg, Merkley, Miller, Staeheli and Alternate Gorman. Also present were City Planner Jim Sturm, Assistant City Engineer Mike Tosrtsoh, Community Development Director Dale Runkle and City Attorney Mike Dougherty. AGENDA Chairman Voracek noted that item "B" under new business is continued by the applicant's request. Merkley moved, Staeheli seconded, the motion to approve the agenda as amended. All present voted in favor. MINUTES )+Iav 28, 1991. Commission Member Merkley stated a correction was needed on Page 8, last paragraph. It should state, "Trygg, Staeheli and Miller voted in favor; Hoeft, Graves, Merkley and Voracek voted against". Trygg moved, Merkley seconded, the motion to approve the May 28, 1991 Advisory Planning Commission minutes as amended. All present voted in favor. Chairman Voracek explained the Advisory Planning Commission procedure to the public. SIMPER MOLDINGS, INC. Chairman Voracek opened the first public hearing of the evening regarding a Comprehensive Guide Plan Amendment from PF (Public Facility) to a CSC (Community Shopping Center) district and a Planned Development Amendment from PD-LB (Planned Development-Limited Business) within the Mission Hills South PD to PD-CSC in the proposed Radler Park PD. City Planner Jim Sturm related that this project was brought before the Advisory Planning Commission on March 28, 1991, and was continued for 60 days at the applicant's request. A neighborhood meeting was held on May 13, 1991, to discuss the property owners concerns. After this meeting the applicant requested a 30 day continuance to revise their site plan to reflect the neighbors concerns. Zed TO 1 OZ;TT T6. TO ,nr Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES JUNE 25, 1991 Mr. Sturm stated this revised plan consists of four buildings, including two Class 1 restaurants, a Walgreens, and a medical building. Craig Christenson, a partner in Semper Holdings, Inc. , informed the commission members that he thought that this project being on the July 2, 1991 City Council Agenda was premature. He stated that they were in the process of revision and requested that this be continued. He stated that they were requesting feedback tonight from the commission members and the neighbors regarding the proposed site plan. John Kohler, architect for Semper Holdings, Inc. , discussed some of the changes in the site plan since the last Advisory Planning Meeting. He stated that this project still has a campus-like setting, but that the square footage of the project was decreased from 50,000 to 40,000 square feet. He commented that all of Short, Elliot and Hendrickson's, the City's traffic consultant, circulation and access recommendations were used in the revised plan. There is no shared parking from north to south. Mr. Kohler also mentioned that this new plan eliminated one exit onto Rahn Way, one building on the south side, and eliminated some paving while still able to meet City Code. The site plan includes extended setbacks and adding berm to eliminate the headlight glare on the residential homes. He mentioned that the only building that does not fall under the limited business zoning is the Walgreens building. Daneen Larue, 2023 Pin Oak Drive, stated that there is a petition from the neighbors opposing the rezoning. Her concerns were the increased traffic this development would create and the safety factor of the children in the area with this increased traffic. Dave Larue, 2023 Pin Oak Drive, opposed this project because he felt this piece of land never had a chance to be developed as limited business. He also felt this project would be bad for home property values. Dennis Volts, 2021 Pin Oak Drive, also felt that property values would decrease and that this project was generally not a good idea. Mrs. Velte, 2021 Pin Oak Drive, raised the concern that this project would create more traffic and noise pollution. • £0d TS! 13 TEM TS, TO "Tlf Page 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES JUNE 25, 1991 Tom Jordan, 2009 Vienna Lane, stated that this development would increase traffic on Pin Oak Drive which would endanger the citizens in that area. There is no bike path and people will have to walk on the roadway with increased vehicles travelling by. Dale Clausen, 2025 Pin Oak Drive, did not see the benefit that this project will have to the community. It was zoned limited business when he moved in and that is what he was expecting, not commercial. Traffic problems are unknown because the projections could be incorrect. Many proposed developments in the area have not been built yet, and who Knows what problems they will create. Re is opposed to the rezoning. Steve Hargens, 2129 Pin Oak Drive, commented that this area is wedged between Cedar Avenue and 35E, and that there are only two accesses out of their area. They do not need the added traffic on these roads. He is concerned about the safety of his children. Tim Boonstra, 2094 Pin Oak Drive, expressed concern of the increased traffic. He felt people will use Pin Oak Drive to bypass part of Cliff Road. Fraser Keith, 2104 Vienna Lane, stated that there is too much commercial in the area already. Max Boyle, 4770 Oak Way, stated that he has seen what the City of Eagan has done in the past and is disgusted with it. He felt that Eagan has enough developments already. Tom Hellenstead, 2010 Vienna Lane, mentioned-that there is a sharp curve on Pin Oak Drive by the park and be has seen vehicles slide off the road into the park. With increased traffic this will only become worse and endanger children in the area. Gerald Hess, 2007 Vienna Lane, felt that the street is too narrow on Pin Oak Drive. When cars are parked on both sides only one vehicle can get through at a time. If traffic increases, this will be a problem. Alice Kritzen, 2095 Kings Road, stated that one of her concerns was what would happen to the trees. Other developments like Target and Cub have kept the trees but are letting them die. She does not want to see this happen with this project. She also was concerned about the possibility of the restaurants serving liquor. iced SSE /3, TE s t i T6. TO inr Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES JUNE 25, 1991 Chairman Voracek addressed the issue of potential increased traffic in the area. Mr. Christenson stated that increased traffic will happen with any development. He reported that there would be no difference in traffic from a strictly limited business development to this proposed development with a Walgreens. Mr. Kohler stated that they will work with the City Planners to use signage to control the traffic in the neighborhood. He reminded the commission members that they have followed all of SEN's recommendations regarding traffic concerns. Chairman Voracek raised the issue that Rahncliff Road is not designed to handle heavy truck traffic. Assistant Engineer Mike Foertsch replied that city staff has no concern with truck traffic and that the road will be upgraded in the future. Chairman voracek asked if there would be a median on Cliff Road so left turns could not be made out of the development onto Cliff Road. Assistant Engineer Mike Foertsch answered that yes, there will be a median. Commission Member Trygg asked why the applicant wants this continued. Mr. Christenson replied that there were significant changes in the site plan since the last Advisory Planning Commission meeting and that they are still evaluating the costs of these revisions. They are trying to get the commission members' input as to what they like and dislike about the revised site plan. They cannot operate in a vacuum. Commission Member Miller felt that the citizens are not worried at this point about what the buildings look like, etc. , but have a problem with the proposed rezoning. He could not approve the rezoning. Commission Member Staeheli commented that no one had stated why a rezoning would be beneficial to the community. She felt the site plan was good, but she had a problem with the rezoning. Sod SSL (3 1 Q:T T6. TO „r Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES JUNE 25, 1991 Commission Member Merkiey stated that the commission should tie down what each building's use should be and the square footage. He believes the site plan is a good one and that Halgreens will not be unfavorable to the neighborhood or traffic. Miller moved, Staeheli seconded, the motion to honor the applicants request and continue this matter. All present voted in favor. on CLIFF Chairman Voracek opened the next public hearing of the evening regarding a Preliminary Plat of five lots on 7.88 Neighborhood Business (NB) acres and a Conditional Use Permit to allow a gasoline/convenience store on one of the five lots. City Planner Jim Sturm stated that at the last Advisory Planning Commission meeting the commission asked the applicant to address the following five concerns: 1. Access issues 2. Parking spaces in front of the SuperAmerica 3. The parking lot could possibly be used as an alternate route to by-pass the Cliff Road - Slater Road intersection 4. Raised medians 5. Oak trees Mr. Sturm related what the applicant has done to correct these concerns. He stated that Dakota County is still denying any access onto Cliff Road. The revised plan has no parking spaces in front of SuperAmerica and to deter people from using this development as a shortcut, speed bumps and stop signs had been added to the site plan. The raised medians will not be decided upon until Dakota County decides the access issue and with careful grading the oak trees will be saved. He further stated that the proposed restaurant will be reduced 9,000 square feet to 36,000 square feet. Ron Frank, architect for Federal Land Company, stated that they have worked with SuperAmerica and city staff regarding the above-referenced concerns. Joan Matheson, Cinnamon Ridge Trail, mentioned that she lives on the north side of Cliff Road across from the proposed development. She said that it is impossible right now to make a left-hand turn onto Cliff Road. If a median is put in on Cliff Road people will have to use Slater Road to get access to Cliff Road. She does not like the idea of increased traffic in this area. 90d TSZ /34. E :t t 16. t0 111f MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA JULY 23, 1991 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, July 23, 1991, at 7:00 p.m. at the Eagan Municipal Center. Present were members Voracek, Merkley, Staeheli, Hoeft and Alternate Gorman. Also present were City Planner Jim Sturm, Assistant City Engineer Mike Foertsch, Community Development Director Dale Runkle and City Attorney Mike Dougherty. AGENDA Merkley moved, Gorman seconded, the motion to approve the agenda as presented. All present voted in favor. MINUTES June 25, 1991. Staeheli moved, Gorman seconded, the motion to approve the June 25, 1991 Advisory Planning Commission minutes as presented. All present voted in favor. Acting Chairman Voracek explained the Advisory Planning Commission procedure to the public. RADLER PARK PLANNED DEVELOPMENT Acting Chairman Voracek opened the first public hearing of the evening regarding a Comprehensive Guide Plan Amendment changing the land use designation from PF (Public Facilities) to CPD (Commercial Planned Development) and a rezoning to a new Planned Development district with specific uses on approximately ten acres located along the south side of Cliff Road, west of Rahn Road, in the NE 1/4 of Section 31. City Planner Jim Sturm commented that this project was reviewed informally at the June 25, 1991 Advisory Planning Commission meeting and was continued at the applicant's request. The applicant is now requesting that the Comprehensive Guide Plan be changed from Community Shopping Center to Commercial Planned Development. This is a much more restrictive plan which enables the Commission to control the uses of the development now and in the future. John Kohler, architect for Semper Holdings, Inc. , reviewed the revised site plan they had brought before the Commission last month. No changes were made on the site plan from the previous meeting. (37 Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES JULY 23, 1991 Acting Chairman Voracek stated that a videocassette had been sent to the Commission by Max Boyle, 4770 Oak Way. The videocassette was 20 minutes in length and generally addressed two main issues relative to the City as a whole: 1) the weed control in vacant land, and 2) the current empty commercial buildings. Max Boyle showed the Commission Members pictures of empty land and businesses in Eagan. He stated that he was not against development, but he did not feel this proposed development will be a benefit for the community. Taxpayers already payed for the government center, now they will have to pay for the upgrade of Cliff Road. Dale Klausner, 2025 Pin Oak Drive, mentioned that since the last Advisory Planning Commission meeting no changes have been made to the site plan. He felt the issues of the trees and traffic should be addressed. The big issue to him was the rezoning. When he purchased his home he was told only Limited Business would be developed there. He felt that prior to approval, the development should have 75% occupancy and that it was premature to rezone this area when the City did not fully realize the impact the other developments in the community would have on traffic, etc. Tom Jordan, 2009 Vienna Lane, had the same concerns Mr. Klausner had. He felt that traffic will be a major problem if the development is allowed. Dennis Velte, 2021 Pin Oak Drive, stated that he feels the same way he did the other two times he spoke before the Commission on this issue. This development will have a negative impact on the residents' property values. A resident of 2087 Vienna Lane commented that it is not a safe area for his family to go bike riding anymore and with this development it will only be worse. He fears for his children's safety. Commission Member Staeheli stated that she would have to deny the rezoning. To approve this rezoning it would have to be shown that the change would benefit the community to a greater degree than the current zoning of Limited Business. She understands the residents concerns in that they bought their homes believing Limited Business would be developed there. City Planner Jim Sturm stated that three of the buildings on the site plan already fit under the current zoning, the only one that does not is the Walgreens. ( 8 Page 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES JULY 23, 1991 Commission Member Hoeft commented that having a Walgreens there will not be a radical change from a Limited Business building. Traffic at that intersection will not change significantly whether Walgreens is there or not. Acting Chairman Voracek stated that the Commission Members know what is before them today but if they deny this application and a strictly Limited Business development were to come in, it potentially could be worse. Restricting what can go in this development and what can not would be a benefit to the community. Commission Member Merkley that to restrict the future uses of this development would not be a detriment to the community. The applicant made sure that there is a lot of green space in the proposed development and that the major traffic stays to the north. Commission Member Merkley requested that condition number 1 be amended to strictly state what type of business will be allowed and the square footage of each building. Merkley moved, Hoeft seconded, the motion to approve a Comprehensive Guide Plan Amendment changing the land use designation from PF (Public Facilities) to CPD (Commercial Planned Development) on approximately ten acres located along the south side of Cliff Road, west of Rahn Road, in the NE 1/4 of Section 31. All favored, except Staeheli who opposed. Merkley moved, Hoeft seconded, the motion to approve a Rezoning to a new Planned Development district with specific uses on approximately ten acres located along the south side of Cliff Road, west of Rahn Road, in the NE 1/4 of Section 31, subject to the following conditions: 1. The PD Agreement shall be amended/created to allow a 12,500 square foot drug store, a 8,000 square foot Class I restaurant, a 6,000 square foot Class I restaurant, and a 14,000 Medical Clinic as shown on the revised site plan of June 10, 1991. 2. All parking stalls shall be 10' wide except for handicapped stalls which shall be 12' wide. 3. All buildings shall be constructed of similar material and colors. l3 MICHAEL E.TURNER DAKOTA CC UN T Y COMMISSIONER R'C' BURNSVILLE,MN 55337 DAKOTA COUNTY GOVERNMENT CENTER TELEPHONE HOME 890-6766 ac Co&S 1560 HWY.55-HASTINGS,MINNESOTA 55033-PHONE 438-4431 OFFICE 895.9078 August 1, 1991 Mayor Thomas A. Ecan City c Eagan S2O Pilot Knob Rc_. :ear Mayor Egan: As ,- u know, Dakota County recently entered into a purchase agreement Semper Holdings, Inc. for the sale of the Western Court Facility and surrounding property bounded by Cliff Road, Rahncliff Road, and Rahn Way. During the rezoning process, some incorrect statements and observations have been made at the public hearings. I would like to make certain that there are no misconceptions regarding some of these issues, and to clarify the reasons for the sale. The sale of the property arises from the consolidation of county services in Service Centers, and specifically the establishment of the new center in Apple Valley. This consolidation, which was planned several years ago to achieve enhanced services for the western cities of the County, relies on co-location of services to help control costs and offer convenience to citizens. Thus the Court Facility in Eagan is no longer needed; all county space needs which could be located in Eagan have been met for the foreseeable future, except perhaps for some growing needs in detention and probation. Continued County ownership of the property is not an option. There is significant public benefit from completing this sale. The sale proceeds are essential for, and dedicated to, the completion of other important county capital improvement projects. Restoring the property to the tax rolls will generate $2.5 to $3.0 million (present value) in additional total property taxes, or about $150,000-$200,000 per year, depending on market values. A prompt sale not only eliminates the burden of holding costs ($20,000+ per year) on county taxpayers, but also reduces the risk of the deterioration and vandalism which occurs to vacant buildings. The proposed development will not require an additional improvement of Cliff Road. The installation of the center median in that area of Cliff, as well as related improvements, are already planned. This /4645_,AN EQUAL OPPORTUNIY EMPLOYER • Mayor Thomas A. Egan August 1, 1991 Page 2 • project has been in the Capital Improvement Program (CIP) for the last two years and was moved up in priority at the request of the City. The rezoning request before you is most appropriately presented and defended by Semper Holdings. However, we ask that county taxpayers who own this parcel be permitted to achieve market values similar to those of surrounding parcels. We believe this to be particularly true for the northern half of the property, fronting on Cliff Road, where adjacent parcels are occupied by roadside businesses and other intensive, highly-valued uses. The developer has proposed a plan that in our opinion is very responsive to the City's concerns and requirements. We urge you to approve the requested rezoning of the property as requested by Semper Holdings. Thank you. Sincerely, I\CVS•CidD LItA A AlkAA, Michae E. Turner, Chair Dakota County Board of Commissioners cc: Thomas L. Hedges, Administrator/Manager, City of Eagan Lyle D. Wray, Dakota County Administrator Commissioner Joseph A. Harris Commissioner Donald J. Maher Commissioner Donald R. Chapdelaine Commissioner Steven G. Loeding MI( Page 12/EAGAN CITY COUNCIL MINUTES August 6, 1991 Wachter moved,Gustafson seconded,a motion to continue to the August 20,1991,regular City Council meeting, the variances of 10' to the required 30' front yard setback for Lots 4,5, and 6, Block 4, Sunrise Hills Addition requested by Joe Miller Construction. Aye: 5 Nay. 0 COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING SEMPER HOLDINGS Mayor Egan introduced this item as a Comprehensive Guide Plan Amendment, Semper Holdings, Changing the Land Use Designation from PF(Public Facilities) to CPD (Commercial Planned Development) and a Rezoning to a New Planned Development District for Specific Uses on Approximately 10 Acres Located Along the South Side of Cliff Road, West of Rahn Road, in the Northeast Quarter of Section 31. City Administrator Hedges said that the Advisory Planning Commission had reviewed this project a number of times and at the July 23, 1991 meeting, had recommended it for approval. Director of Community Development Runkle provided background and specifics on the location of this project. Mr. Runkle then compared the original plan with the one now being presented. He said the present proposal constitutes 9% lot coverage where the typical limited business zoning district would allow coverage of up to 20%. He said the Walgreens store in the northeast corner of the site was the only change to the planned development and all other proposed uses on the site are either permitted or conditional uses. The City Council then discussed the rezoning of this property when sufficient commercial zoning already exists in the City. Councilmember McCrea asked if it would be more appropriate to rezone only the property the Walgreen's store would be built on leaving the rest of the zoning intact. She asked whether more commercial property would be developed on the property if the restaurants did not prove viable. City Attorney Sheldon said that with the commercial planned development agreement,the City would incorporate the specific uses into the diagrams. Any changes to the agreement would essentially constitute a rezoning. Mr. Craig Christianson,of Semper Holdings,said they would be willing to continue to work with staff in order to find solutions to Council's concerns. He said if necessary,they would be willing to request a 30-day continuance. Councilmember Gustafson said it appeared that this development was less intrusive on the community than what could be permitted under present zoning. Councilmember Pawlenty added that the planned development does give the City some opportunity for control over the property and what goes in. Mr. Christianson said his company had been through several City meetings but had never been able to garner any specifics about what makes Walgreens less desirable in this location than another facility. Mr. Kevin Swanson said he sympathized with what Councilmember Gustafson said when he said the development permitted on the property could be worse than that proposed. He said while he liked the idea of only 9%lot coverage and appreciated the buffering that is planned for the southern portion of the property,the single family homes and townhomes in the area all face Cliff Road. He reiterated his earlier concerns about rezoning. Mr.Dale Klossner, of 2025 Pin Oak Drive, said this development has had plenty of time to come up with an acceptable plan and now it was time to go to a vote. Because Walgreens is the anchor tenant, he did not see bow additional work on the project would change the development. In addition,he said the developer must be counting ponding when figuring the 9%coverage because it appeared to cover a lot more than 9% of the property. Mr. Brant Richardson, representing Dakota County and the Western Court Facility, urged the City Council to approve the rezoning request because the County does not have another use for this property. He Page 13/EAGAN CITY COUNCIL MINUTES August 6, 1991 said there was the risk that the property would sit vacant for some time and that would cost all Dakota County taxpayers. Mr. Richardson said the proposed development is relatively benign compared to what could be proposed. He closed by noting that the anticipated tax revenues on this property to the City would be between S150,000-S200,000. • Mayor Egan and Councilmember McCrea expressed their displeasure with Dakota County for the County's insistence that the City approve this project. Specific reference was made to a letter to the City from Michael E.Turner,Chairman of the Dakota County Board of Commissioners,wherein Mr.Turner implied that the City of Eagan would somehow be responsible for increasing the tax burden to Dakota County residents if the project were not approved. Mayor Egan said the decision on this project would be based on what is best for the City and its residents and added that he considered Mr.Turner's remarks to be inappropriate particularly in light of a policy of non-interference and cooperation between the two governmental entities. He reminded Mr.Richardson that when the County had asked the City not to take any official action in regard to the Dakota County burn facility,the City had agreed it would not be appropriate to intrude in matters outside its jurisdiction. Consideration then turned to direct access of this project onto Cliff Road. Director of Public Works Colbert said with the upgrade of Cliff Road,the property would be restricted to a right-in and right-out access to the eastbound lanes. In response to the developer's request for continuance,Wachter moved,Gustafson seconded a motion to continue for 30 days the comprehensive guide plan amendment from PF to CPD and the rezoning for a new planned development district for the Hadler Park Planned Development located on Cliff Road and Rahncliff Road. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/LEXINGTON STANDARD COMPANY Mayor Egan introduced this item as a Conditional Use Permit for Lexington Standard Company, to Allow Outdoor Storage on Lots 33 and 34,Block 2,Eagandale Center Industrial Park Located along the South Side of Trapp Road in the Northeast Quarter of Section 3. Pawlenty moved, McCrea seconded a motion to approve the applicant's request that this item be continued indefinitely. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/CROSSTOWN SIGN This item was introduced by Mayor Egan as a Conditional Use Permit,Crosstown Sign,to Allow a Pylon Sign and a Variance to the 300 Foot Space Requirement on Lot 3,Robert O'Neill Homestead Addition Located at 2815 Dodd Road in the Southeast Quarter of Section 2. McCrea moved, Egan seconded a motion to approve a conditional use permit for Crosstown Sign to allow a pylon sign and a variance to the 300 foot spacing requirement on the above-referenced property. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/TOM THUMB STORES Mayor Egan introduced this item as a Conditional Use Permit for Tom Thumb Stores,to Allow Outdoor Storage on Lot 1,Block 1,Bicentennial Addition,Located along the South Side of Yankee Doodle Road in the Northeast Quarter of Section 16. City Administrator Hedges said the Advisory Planning Commission had considered this item at their July 23 regular meeting and had recommended denial Director of Community Development Runkle said the City Code allows this application for outside storage through the conditional use permit process and the issue would be one of policy. 1 (.0 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JIM STURM, CITY PLANNER DATE: AUGUST 29, 1991 RE: SEMPER HOLDINGS REZONING On Wednesday, August 28, there was a neighborhood meeting regarding the Western Court Facility rezoning at the Eagan library. I was noticed of that meeting late Monday afternoon as a courtesy by the applicants; however they did not request that any City staff be present. It would be their time to meet one-on-one with the residents. They told me that the County staff and brokers were specifically not invited to the meeting. On Wednesday morning I was told that four residents came to the meeting and discussed the project and possible alternatives to the proposed uses, including all restaurants or some other retail uses. The meeting lasted approximately one and one-half hours. The applicants are still planning to show the Council the same plan that they saw last month--the one that the Planning Commission approved. It is possible that they would bring a plan for comparison purposes that would demonstrate strict Limited Business uses. That plan would more than likely add an additional building. I have not seen that plan as of today. Attached is the staff report that went to the Planning Commission in July and the City Council on August 6th. If you would like additional information on this item, please contact me. City Planner JS/js • 44q Agenda Information Memo September 3, 1991 City Council Meeting SINGLE-FAMILY MORTGAGE BOND RESTRUCTURING C. Single-Family Mortgage Bond Restructuring—At the regular City Council meeting held August 6, 1991, approval was given to the staff to continue discussions with Juran & Moody and Miller& Schroeder. Through the assistance of Kathy Aho at Springsted,a restructuring of this issue to free up cash to the City has been pursued. On August 22, 1991, the underwriters were aged to present finance plans for review. A copy of that request is enclosed on page for reference. These proposals have been received and analyzed by Kathy Aho. A copy of her analysis is enclosed on pages .through,L07 Kathy is recommending that the City retain Juran & Moody to affect the release of the assets from the 1980 bonds and that staff be authorized to take whatever actions are necessary to proceed. It should be noted that this Council action is based on the underwriters' ability to produce results consistent with their proposal. Kathy Aho will be at the City Council meeting to answer questions and provide additional information as desired. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recommendation to retain Juran & Moody to affect the release of assets from the 1980 single family mortgage bonds and that staff be authorized to take whatever actions are necessary to affect the same. 4s" 08/22/91 12:38 FA% 812 223 3002 SPRINGSTID INC. Q 003/006 SPRINGSTED PUBLIC FINANCE ADVISORS S00 Elm Oran Road 85 East Seventh Plaza 1S5 North Pennsylvania Street Suits 101,P.O.Box 37 Sunk 100 Suite 2015 Elm Grove,Wi 53122.0037 Saba Paul,MN 55101-2143 kklianapolls,IN 452044496 Pak:(414)7752.2504 Fax; 223-3000 12234002 Far(01 *644004 2739 Second Avenue S.E. 012 Mendel Mall €500 College Boulevard Cedar Rapids,IA 52403-1434 Sulk 660 Gulls 000 (319)3834221 Mlnnaapolli.MN 55402-1017 °Wend Parr,K5 50211 Pax;(319)3634999 (612)3339177 (213)3458062 Far(s12j g33.2363 Fax:(913)3451770 August 22, 1991 Mr. Paul Ekholm Ms. Laura Pioske Miller & Schroeder Financial, Inc. 2300 Northwestern Financial Center 7900 Xerxes Avenue Minneapolis, Minnesota 55431 Re: City of Eagan, Single Family Mortgage Revenue Bonds, Series 1980 Dear Laura& Paul: The City Council for Eagan has approved the concept of freeing assets from the Series 1980 Bonds. The Council's objective is to release as much immediate cash from the program as possible and staff would like to present a finance plan to the Council at a September 3, 1991 meeting. Your firm is one of two firms that have presented information to the City relative to this program. To provide an equitable means of comparing the Iwo proposals, I would request at this time that you present a finance plan that incorporates the assumptions provided in this letter and addresses the City's objective of releasing cash from the program. Your response should be received in my office by 4:30 p.m., Tuesday, August 27, 1991. I realize that this requires fairly rapid turnaround. You are not being asked to prepare a comprehensive proposal presenting firm qualifications, etc. and the material you present will not be presented to the Council. What is being requested is a financial review of the transaction you are proposing. Please indicate in your response what factors would effect the bottom line you are presenting to the City. Clearly identify sources and uses of funds. If selected, be prepared to be strictly held to producing results commensurate with those indicated in your response. Information relative to current account balances are attached. You should include a time line that accomplishes a November 1, 1991 call date. Please call me if you need additional information or have any questions. Y4 Sincerely, Kathie n A.Aho Senior Vice President cc: Eugene VanOverbeke l Co VVrWV/as as.V�e rsaa vat &&U VVV4 a'rltxi uxL11 11w. IalVVL/VV = y' SPRINGSTED PUBLIC FINANCE ADVISORS 500 Elm Grove Road $5 East Seventh Place 136 North Pennsylvania Sheet Suite 101.PA.Box 37 Suite 100 Suite 2015 Elm Grove,WI 53122.0037 Sant Paul,MN 55101-2143 MtlMnapolla,IN 462044496 (414)7824222 (812)223-3000 (317)6846000 Fax:(414)782,2904 Fan;(512)223-3002 Fax:(317)8844004 2733 30cond Avenue S.E. 012 Nicoltet hall 6600 College Boulevard Coder Rapids,IA 524031434 Suite 550 Suite 600 (310)363.2221 Minneapolis,MN 55402.1017 Overland Pars,KS 65211 Fax:(319)3034999 (612)333-0177 (013)846-8062 Pax:(612)333-9363 Fax:(918)345.1770 August 29, 1991 Mr.Thomas Hedges, City Administrator Mr. Eugene VanOverbeke, Finance Director 3830 Pilot Knob Road Eagan, MN 55122 Dear Sirs: On the City's behalf Springsted sought and received on August 27th proposals from two underwriting firms who had indicated an interest in assisting the City in restructuring its 1980 Single-Family Mortgage Revenue Bonds. It was identified to both firms that the City's objective was to receive cash from the release of assets currently within the program. Two distinctly different transactions were proposed. The Etat Involves the sale of mortgages, release of fund balances existing In the trust account,escrowing funds to redeem the bonds at their next call date on November 1, 1991, paying costs of the transaction, and releasing the unneeded funds to the City. The second transaction involves the sale of new bonds backed by the existing mortgages, release of fund balances currently held in the trust account, escrowing funds to pay the existing bonds at the next call date on November 1, 1991, paying costs of the transaction, selling residual receipts available from the mortgages which will not be needed to pay debt service on the new bonds, and releasing any unneeded funds to the City. As proposed, neither transaction should have any effect on the existing program mortgagors. Both underwriters included a proposal that would sell the mortgages but with widely divergent results. After an independent analysis we have resolved preliminarily that the proposal with the higher return to the City is achievable. Due to the unavailability of one individual at F.N.MA, we will not be able to definitively confirm this conclusion until next Tuesday. The financial results of the proposals are shown on the attached schedule. Based on the potential cash available to the City, and subject to F.N.M.A. confirmation of one proposal assumption, we recommend that the Council retain Juran & Moody to affect the release of assets from the 1950 bonds and that the Council authorize staff to take whatever actions are necessary to affect the same. Additional action by the Council will be required over the next one to two months to confirm the actual transaction pricing and results available to the City. We further suggest that hiring of the underwriter be conditioned specifically on their ability to produce results commensurate with those proposed. j &17 66,66?6i 11.64 P'A! 612 223 6662 SPRTN6STEb !! . QJSo6,'664 A representative of the Springated firm will be available at your meeting in the event that you have any questions regarding our analysis or this recommendation. Sincerely, Kathleen A.Aho Senior Vice President mjh/Saint Paul Office Attachments II w 08/30/91 12:05 FAX 612 223 3002 SPRINGSTED INC. ft 004/004 CITY OF EAGAN, MINNESOTA SUMMARY OF PROPOSALS-RESTRUCTURING OF 1980 MORTGAGE REVENUE BONDS MILLER& MILLER& JURAN&MOODY SCHROEDER SCHROEDER (Sale of Mortgage (Sale of Mortgage (Tax-Exempt SOURCES Portfolio) Portfolio) Refunding) Mortgages: Current Mortgages $2,799,301 $2,977,756 $2,883,280 --- Current Delinquencies 154,403 154,403 115,802 — Other Pay Problems 61,065 64,959 45,799 --- Non-eligible Condos 862,000 916,953 862,000 -- Loan-to-value>95% 300,000 319,125 225,000 --- Foreclosure 132,599 132,599 132,599 132,599 $4,309,368 New Bond Proceeds --- 4,260,000 TOTAL MORTGAGE SOURCES 4,565,794 4,264,480 4,392,699 Released Fund Balances 8,093,399 3,095,499 3,095,499 NET SOURCES 7,859,193 7,359,979 7,488,098 Sale of Mortgage Residuals — --- 300,000 TOTAL SOURCES $7,659,193 $7,359,979 $7,789,098 USES Cost of Bond Redemption 6,718,176 6,743,160 6,743,180 Reserve Fund 83,535 Underwriters Fee 55,000 109,405 63,900 Other Costs 45,000 40,000 93,000 TOTAL USES $6,818,175 $6,892,585 $6,983,595 CASH AVAILABLE TO CITY t: ; ag. &$41:,0,1 M., R: a$46`Ty,;41 j i off:,., Prepared by:SPRINGSTED, INC.(30-Aug-91) l Agenda Information Memo September 3, 1991 City Council Meeting BUSINESS DANCE HALL PERMIT/DANNY STEVENS A. Permit Application, Danny Stevens, Dance Hall at 1380 Duckwood Drive—Mr. Danny Stevens has applied for a dance hall permit at his Dairy Queen location at 1380 Duckwood Drive. The Police Department has reviewed this application and finds no reason to deny the issuance of a dance hall permit. However, the police do recommend that the City require off duty officers to attend all dances. Enclosed for the Council's information without page number is a copy of the dance hall permit application and the Police Department review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a dance hall permit for Danny Stevens for the Dairy Queen at 1380 Duckwood Drive, conditional upon the requirement that off-duty police officers attend all dances. 7, Agenda Information Memo September 3, 1991 City Council Meeting ADOPTION/PROPOSED 1992 BUDGET B. Adoption of Proposed 1992 General Fund Budget—Enclosed on pages/c and /r is a copy of the Comparative Summary of Revenues and Comparative Summary of Expenditures for the 1992 General Fund Budget. To be in compliance with the Truth in Taxation laws, the City must adopt its proposed 1992 budget on or before September 3, 1991. Additional information and supporting documentation regarding the 1992 budget is included in the packet for the special City Council meeting to be held at 5:30 p.m. on September 3. It should be noted that this action is approving a "proposed" budget and not a "final" budget. The City Council of course has continuing discretion to amend the budget at any time. A final budget must be adopted during one of the truth in taxation public hearings but the amount may increase or decrease from the amount the City originally proposed in September, and again may remain flexible throughout the year. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the proposed 1992 General Fund Budget as presented or to approve it with modifications. 92REVSUM GENERAL FUND COMPARATIVE SUMMARY OF REVENUES Original Adjusted Actual Actual Budget Budget Estimate Description 1989 1990 1991 1991 1992 General Property Taxes S 6,309,872 $ 7,512,716 S 8,131,810 S 7,838,620 $ 8,620,310 Licenses 69,564 77,255 75,020 75,020 84,550 Permits 1,127,208 837,512 753,120 753,120 599,000 lntergovenmental Revenue 1,237,400 209,291 208,800 208,800 212,060 Charges for Services 628,179 628,245 603,400 703,400 622,820 Recreation Charges 147,707 179,329 149,550 176,950 213,070 Fines & Forfeits 203,147 223,424 240,000 240,000 216,000 Other Revenue 238,960 216,674 154,100 161,610 248,120 Program Revenues 780,180 733,979 735,910 735,910 772,050 Transfers 51,679 66,939 57,450 99,310 76,660 TOTAL GENERAL FUND $10,793,896 $10,685,364 $11,109,160 $10,992,740 $11,664,640 Sr =======_==== _===____=== / S-4.") --- 92BUDEXP GENERAL FUND COMPARATIVE SUMMARY OF EXPENDITURES Actual Actual Budget Dept Request Adan Request 1989 1990 1991 1992 1992 GENERAL GOVERNMENT 01 Mayor & Council S 51,482 $ 63,157 S 75,180 S 77,170 S 76,990 02 Administration 401,864 411,388 460,580 483,840 450,050 03 Data Processing 325,182 263,708 282,570 383,180 359,710 05 Finance/City Clerk 642,279 623,430 710,850 768,160 768,160 06 Legal 404,369 365,138 370,000 370,000 370,000 07 Community Development 1,484,178 1,103,562 1,309,230 1,346,690 1,294,980 10 Cable TV 48,741 46,572 54,360 62,500 62,500 S 3,358,095 S 2,876,955 S 3,262,770 S 3,491,540 S 3,382,390 PUBLIC SAFETY 11 Police S 3,048,351 S 2,973,835 S 3,507,160 S 4,014,870 S 3,913,860 12 Fire 713,608 630,193 736,385 721,390 704,870 S 3,761,959 S 3,604,028 S 4,243,545 S 4,736,260 S 4,618,730 PUBLIC WORKS 21 Public Works Engineering S 701,583 S 655,333 S 700,690 S 744,400 S 737,620 22 Streets & Highways 956,619 775,002 863,590 924,850 819,350 24 Central Services Maintenance 324,965 285,599 330,450 346,150 343,750 S 1,983,167 S 1,715,934 $ 1,894,730 S 2,015,400 S 1,900,720 I PARKS & RECREATION 31 Parks & Recreation S 1,409,005 S 1,336,151 S 1,571,780 S 1,667,310 S 1,646,940 32 Forestry 88,359 96,951 104,280 118,460 115,860 S 1,497,364 S 1,433,102 S 1,676,060 S 1,785,770 S 1,762,800 OTHER 41 Contingency - - S 32,055 S 0 S - S - S - S 32,055 S 0 S - TOTAL GENERAL FUND EXPENDITURES $10,600,585 S 9,630,019 $11,109,160 $12,028,970 $11,664,640 / S3 Agenda Information Memo September 3, 1991 City Council Meeting CERTIFICATION/1992 PROPERTY TAX LEVY C. Certification of Proposed 1992 Property Tax Levy—To be in compliance with the Truth in Taxation laws the City must submit to the County Auditor its proposed property tax levy for payable 1992 on or before September 3, 1991. The proposed levy amount is the total of all City levies, including both the general levy and all special levies. The amount the City certifies as its proposed levy is the maximum levy that the City will be allowed. The final City levy, certified in late December, may be reduced but may not exceed this initial certification. Allocation of proceeds from the general levy (levy limit amount) remains flexible. Again, additional information is included in the packet for the Special City Council meeting to be held at 5:30 p.m. on September 3. Including on pages /<rand /S 6, is a copy of a resolution adopting the proposed payable 1992 ad valorem tax levy. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the proposed 1992 payable tax levy as presented or to approve it with modifications. S RESOLUTION CITY OF EAGAN PROPOSED LEVY OF 1992 PAYABLE REAL ESTATE TAXES WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota,was held on September 3, 1991 at the Eagan Municipal Center, all members being present except , and WHEREAS, upon motion by Councilmember and seconded by Councilmember NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, Minnesota, hereby is on record approving and certifying the proposed levy of Real Estate Taxes for Eagan, Minnesota, which taxes are payable in 1992 as follows: General Levy (Levy Limit): General Fund $8,620,310 Road & Bridge Fund 244.559 TOTAL GENERAL LEVY $8,864,869 Special Levies: Debt Service $1,536,500 TOTAL SPECIAL LEVIES 1.536.500 GRAND TOTAL LEVY $10,401,369 Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk SS CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3rd day of September, 1991. EJ. VanOverbeke, City Clerk City of Eagan ( Sc Agenda Information Memo September 3, 1991 City Council Meeting CERTIFICATION/1992 BUDGET HEARING AND CONTINUATION DATES D, Certification of 1992 Budget Hearing and Continuation Hearing Dates—Again, to be in compliance with Truth in Taxation laws, the City is required to submit to the County Auditor the date it has selected for its public hearing and the date for the continuation of its hearing, if necessary. This certification must be completed on or before September 3, 1991. The City dates cannot conflict with the hearing dates of the County or of any of the school districts in which the City is located. The County and school district dates are as follows: (Continuation Date if necessary) COUNTY OF DAKOTA 11-19-91 11-26-91 SCHOOL DISTRICT #191 12-5-91 12-19-91 SCHOOL DISTRICT #196 11-25-91 12-16-91 SCHOOL DISTRICT #197 11-18-91 12-2-91 The dates selected are subject to the following requirements: First, there are restrictions on when the public hearing on the proposed property tax may be held. The hearing cannot be held on Sunday. If the hearing is held on a day other than Saturday, it must be held after 5:00 p.m. If the public hearing is held on a Saturday, it may be held before 5:00 p.m. at the city council's choice. Second, a city council may hold its public hearing on the same day as a regularly scheduled meeting (except Sunday),provided that (1) the public hearing on the proposed property tax for payable 1992 is handled as a separate hearing; (2) the public hearing on the proposed property tax is held after 5:00 p.m. if the hearing is on a business day (a day other than Saturday); and (3) the final property tax levy for payable 1992 is adopted at the conclusion of the public hearing (unless a continuation hearing is scheduled and held). Third, both the city's proposed property tax levy and its proposed budget for the taxes payable year 1992 must be discussed at the public hearing. Fourth, if the public hearing is not completed on its scheduled date, the taxing authority must announce, prior to adjournment of the hearing, the date, time and place for the continuation of the hearing. The continued hearing must be held at least 5 business days but no more than 14 business days after the initial public hearing. ( 57 Agenda Information Memo September 3, 1991 City Council Meeting Finally, all counties, school districts and cities must adopt their final property tax levy or taxes payable in 1992 at the conclusion of their public hearing, or at the conclusion of their continuation hearing if one is scheduled and held. Counties and cities, but not school districts, must also adopt their final budgets for payable 1991 at the conclusion of their public hearing or continuation hearing. Given the available dates and the other requirements, it is the staffs suggestion that the hearing date be set as part of the regular City Council meeting for December 3 and the continuation date be either a special meeting date of December 10, or the second regular meeting date of December 17, although any dates meeting the requirements are available for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To set the 1992 budget public hearing and continuation hearing date. (5, Agenda Information Memo September 3, 1991 City Council Meeting RENEWAL/GENERAL LIABILITY/WORKERS' COMPENSATION E. Renewal, General Liability/Workers' Compensation Insurance July 1, 1991 - June 20, 1992--The City has received the renewal information for the current insurance period. The renewal proposal has been assembled through Jeff Bowers of First Insurance as the City's insurance representative. The proposal for coverage is through the League of Minnesota Cities Insurance Trust (LMCIT)which has provided coverage to the City of Eagan since the 1986/1987 year. Again, given the insurance climate and Eagan's loss record, there are no reasonable alternatives to the LMCIT program. Atta ed on page /(p ( is a premium recap. Also attached on pages (C,Z through is a com arative analysis of 1990 1991 and 1991 1992 premiums by coverage type bs G � P Y / / P Y g tYP P reP ared by First Insurance. The overall premium including workers' compensation is up by 17% over last year. Broken down that incorporates a workers' compensation increase of 22% and an increase of 11% for everything else. The workers' compensation premium is the result of three (3) factors all of which have increased. Total estimated payrolls have increased by 7.6% resulting primarily from higher salaries; rates per $100 of payroll have increased (outside of City control); and Eagan's experience modifier again increased this year from 1.09 to 1.19. Four (4) insurance periods ago the modifier was at .85. City staff is continuing to work with First Insurance and Berkely Administrators (the plan administrator) to control and reduce workers' compensation losses to reverse this trend. The 11% increase on everything except workers' compensation is the result of an increase of 17% in general liability and public officials liability of 38% offset by a reduction of 9% in automobile liability and physical damage and other small reductions. The liability coverage premium reflects a change to individual or City rating by the LMCIT from group rating. Given Eagan's loss record, any additional utilization of individual ratings will cause these dramatic premium increases until such time as losses or claims can be better controlled. While a number of the claims are outside of our control, we continue to work to reduce exposure and resulting claims. When sued it is extremely expensive to provide the defense even if the City prevails. Page / (r (provides premium costs for umbrella coverage in excess of the $600,000 mandated by state law. While there is some risk by not having the additional coverage, the premiums proposed are very expensive. The insurance agent and staff are therefore suggesting that umbrella coverage not be purchased. / 5 ? Agenda Information Memo September 3, 1991 City Council Meeting Page /(,Y provides a comparison of premium costs, if various deductibles are reduced. The major impact would be in general liability where the deductible is currently $5,000. Again, with the City's loss history, the only way to get the premium down is to increase the deductible. It is felt that the number of claims that are subject to the deductible at this time make a higher deductible a losing proposition at this time. Consistent with the agreement upon their selection First Insurance is limited to a 5% increase in commission over the 1990/1991 amount. This means the commission is increasing from $22,608 to $23,738 and the large premium increase does not generate any additional benefit to First Insurance. Representatives of First Insurance will be at the City Council meeting to answer questions and provide any additional explanation that may be requested. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny as presented the 1991/1992 General Liability/Workers' Compensation renewal package. /6e v PREMIUM RECAP PACKAGE Property $ 27,539.00 Valuable Papers & Records Included Accounts Receivable Included Contractor's Equipment 5,047.00 Miscellaneous Equipment Included Voting Machine Included Crime Coverage 1,115.00 Comprehensive General Liability 140,891.00 Public Officials Liability 25,928.00 Inverse Condemnation 5,636.00 AUTOMOBILE LIABILITY 33,065.00 PHYSICAL DAMAGE LIABILITY - Include 20,664.00 Miscellaneous Equipment on Autos WORKERS' COMPENSATION 287,840.00 PUBLIC EMPLOYEES BLANKET BOND 1,720.00 VOLUNTEER FIREMEN AD&D 866.25 PUBLIC OFFICIALS POSITION BOND 675.00 (Eagen Volunteer Fire Department) TOTAL $550,986.25 COMPARATIVE ANALYSIS • Premium Coverage 1990/91 1991/92, 1. Property (Blanket Building & Contents) $ 25,508.00 $27,539.00 Values increased by 5% from $15,547,676 to $16,281,676. Premium has increased by 8%. 2. Inland Marine Contractors Equip. ( $ 5,699.00 $ 5,047.00 Misc. Equip. & Voting Machines) Values insured are increased by 5% from #1,001,346 to $1,052,946. Premium has decreased 11%. 3. Accounts Receivable & Valuable Papers Included in Property. 4. Crime Coverage $ 1,125.00 $ 1,115.00 Premium decreased 1%. 5. Comprehensive General Liability $119,983.00 $140,891.00 Estimated Operating Expenditures have increased by 3% from $13,635,460 to $13,995,280. Premium has increased by 17%. I Le Premium Coverage 1990/91 1991/92 6. Public Officials Liability $ 22,770.00 $ 31,564.00 Premium has increased by 38% due to total expenditures decrease of 5% from $36,526,653 to $34,497,267. Also includes Inverse Condemnation, $5,636. 7. Automobile Liability & $ 58,617.00 $ 53,729.00 Physical Damage Total number of rated autos has remained the same at 154. Premium has decreased by 9%. Misc. equipment on autos - annual premium of $3,167 included. 8. Workers' Compensation $235,094.00 $287,840.00 Total estimated payrolls have increased by 8% from $5,234,000 to $5,631,000. Premium has increased by 22% over-all. Note changes in rates and experience modification increased from 1.09 to 1.19. 9. Public Employee Blanket Bond $ 1,720.00 $ 1,720.00 Premium has remained the same. f (a03 Premium Coverage 1990/91 1991/92 10. Volunteer Firemen AD&D $ 866.25 $ 866.25 No change. 11. Public Officials Position Bond (VFD) $ 675.00 $ 675.00 No change. TOTAL PREMIUM, Other Than Workers' $236,663.25 $263,146.25 Compensation (11% Increase) TOTAL PREMIUM, Including Workers' $471,757.25 $550,986.25 Compensation (17% Increase) l OPTIONAL COVERAGE UMBRELLA Limits Non-Waiver Waiver $1,000,000 $ 79,941 $108,993 $2,000,000 $119,912 $163,490 $3,000,000 $139,897 $190,738 / 1/40 .) DEDUCTIBLE OPTIONS I. PROPERTY $ 250 Minimum Deductible \ ppo $ 30,942 Premium 11,5-3c1 II. INLAND MARINE $ 250 Minimum Deductible 11 eO 0 $ 5,848 Premium 4 s,O y i III. GENERAL LIABILITY $ 250 Minimum Deductible for Property Damage 5,000 $183,887 Premium L9 01 %l I IV. ERRORS & OMISSION You are at current Minimum Deductible /1 6'. ° Agenda Information Memo September 3, 1991 City Council Meeting BUILDING PERMIT/EASTER LUTHERAN CHURCH F. Building Permit, Easter Lutheran Church, 4200 Pilot Knob Road, City Code Section 11.20, Subd. 7—Public Facilities zoning requires that prior to construction or alteration of a facility in or on Public Facilities zoning, a building permit must be approved by the City Council. Easter Lutherw Church is proposing to upgrade their building and parking lot. Enclosed on page 1(, it is a memorandum from Project Planner Tyree regarding this application. All code requirements have been met. As a part of the building permit review, certain storm sewer connection charges were identified as financial obligations. The church property has been only partially assessed for storm sewer trunk charges and that is at the single family rate. Staff suggested an obligation of$10,698.51 which brought all the property to 1991 commercial/industrial rates per current City policy. Through discussion with the church officials, it has been agreed that to assess all of the property at the commercial/industrial rate in effect at the time of the original assessment would be fair and would be a reasonable compromise. That would result in a connection charge of $4,090.60 to be collected with the building permit or through the assessment process at the church's option. Enclosed on pages go and/ 7 a is a copy of Finance Director VanOverbeke's letter suggesting the compromise which has been verbally agreed to by Pastor Borgschatz, subject to the City Council approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a building permit for Easter Lutheran Church as presented and to approve or deny the storm sewer connection charge of $4,090.60. MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR JIM STURM, CITY PLANNER FROM: SHANNON TYREE, PROJECT PLANNER DATE: AUGUST 29, 1991 RE: COUNCIL AUTHORIZED BUILDING PERMIT On July 25, 1991 John Wingard, Engineering Department; Roger W. Sjobeck, A.I.A. with the Adkins Association Inc.; Gary Ehrat, Building Committee Chairman-Easter Lutheran Church; and I met to discuss their proposed plans to upgrade Easter Lutheran Church's parking lot and building expansion. During our discussion regarding Public Facilities zoning districts, I reviewed the requirements with them. The first requirement listed (11.20 Subd. 7 C.1) states: "1. Prior to construction or alteration of any such facility, a building permit approved by the Council shall be required". The plans include a 1,800 sq. ft. addition on the north side of the existing building for offices, a conference room, and a choir room. The 4,900 sq. ft. expansion to the south of the existing building is primarily for classrooms. The access onto Pilot Knob Road will be closed and the access along Easter Lane shall be widened. All Code requirements have been met. They have submitted their building plans and permit and are scheduled to appear on the September 3, 1991 City Council meeting. If you have any questions or comments related to this item, please advise. e , Project Planner ST/js /c7 , i r+i. f ft." J _city of eegcin 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN,MINNESOTA 55122-1897 Mayor PHONE (612)454-8100 DAVID K GUSTAFSON FAX:(612)454-8363 PAMELA McCREA TIM PAWLE•TY THEODORE WACHTER Council Members THOMAS HEDGES City Administrator August 26, 1991 EUGEN G° DG REVEREND JIM BORGSCHATZ EASTER LUTHERAN CHURCH 4200 PILOT KNOB ROAD EAGAN MN 55122 Re: Building Permit Storm Sewer Connection Charges Dear Pastor Borgschatz: As a result of our discussions on Thursday, we have completed the additional research regarding previous assessments on the church property. In summary, 66, 880 square feet of property was assessed at a single family rate of $.026 per square foot with Project 257 in 1980. Because of large lot credits, 82,594 square feet of property has not been assessed for storm sewer trunk. We have previously suggested that the following amounts would be due as a connection charge and as a condition of building permit issuance. 82 ,594 square feet X $. 102 per square foot $8,424.59 66,880 square feet X ($.102 - .068) per square foot 2.273.92 TOTAL 510. 698 .51 The rates used in the calculations were the 1991 commercial industrial rate ($.102 per square foot) and the 1991 single family rate ($.068 per square foot) . You have raised a very legitimate question regarding the use of 1991 rates to make a correction to the assessment levied in 1980. To reach a compromise which allows all the property to be assessed at the commercial/industrial rates I would suggest the following: 82,594 square feet X $.039 per square foot $3,221.16 66,880 square feet X ($.039 - .026) per square foot 869.44 TOTAL ,S4 .090.60, The rates used in this calculation are the same as used for Project 257, commercial/industrial of $.039 per square foot and $.026 per square foot for single family. THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer /62(i LETTER TO REVEREND BORGSCHATZ AUGUST 26, 1991 Page Two While this still results in a suhbstantial obligation to the church, it seems to provide a more fair result. I have discussed this situation with City Administrator Hedges and he also feels this would be a reasonable solution. With your concurrence I would be happy to recommend City Council approval at their regular meeting to be held September 3, 1991. This amount can be paid over a 10 or 15 year period of your choosing at 8.5% interest with your taxes upon the execution of an assessment hearing waiver. Thank you for your attention to this matter. I will be awaiting your response. Sincerely, V aM.� E. . VanOverbeke Finance Director/City Clerk cc: City Administrator Hedges EJV/kf 17° Agenda Information Memo September 3, 1991 City Council Meeting SETBACK VARIANCE/GARY AND LEE MYHRMAN G. Variance, Gary and Lee Myhrman, of 4' to the Required 10' Side Yard Setback, 1379 St. Andrew Boulevard—An application has been received from Gary and Lee Myhrman for a 4'variance to the required 10' side yard setback variance for 1379 St. Andrew Boulevard. The purpose of the variance is to allow the construction of a three season porch on the east side of the house from the dining room. When the house was designed in 1987, the design of the home allowed for this porch. It was not constructed at that time and the Myhrman's are now ready to construct it. However, they discovered their house was not placed on the lot with enough room to accommodate the porch which would extend 4' into the required 10' setback. For additional information with respect to this application, pleale refer to the Co pity Development Department staff report which is enclosed on page! Zthrough 1 for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance of 4' to the required 10' side yard setback at 1379 St. Andrew Boulevard as requested by Gary and Lee Myhrman. SUBJECT: VARIANCE APPLICANT: GARY & LEE MYHRMAN LOCATION: LOT 5, BLOCK 5, FAIRWAY HILLS ADDITION 1379 ST ANDREW BOULEVARD P.I.D. #10-25601-050-05 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: SEPTEMBER 3, 1991 DATE OF REPORT: AUGUST 26, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a 4' Variance to the required 10' side yard setback at 1379 St. Andrew Boulevard. COMMENTS: The applicant constructed their home in 1987. The design of the home was to allow for a three-season porch on the east side of the house from the dining room. The applicants are now ready to construct the porch and have discovered their house was not placed on the lot with enough room to accommodate the porch which would extend 4' into the required 10' setback. The plans for the porch are architecturally compatible with the existing home. The neighbor's house to the east has no west facing windows and the garage is located there. The porch would be 20'10" from the nearest point (the garage) and 24'10" from the house. The applicant feels this would not detract from the aesthetic value of the neighborhood. All of the surrounding neighbors within three lots on either side, across the street, and behind, have signed a petition in support of the Myhrman's Variance request. If approved, this Variance shall be subject to the following conditions: 1. A building permit shall be applied for and reviewed by City staff. 2. All other City Code requirements shall be met. 11 • • • • LOE m-t-E 1-WD 16Nc:D D NoT 0 PPo5E ►fit E HLfl J ti4-iw C►3'lq sr. 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Nolg,<(c-ii, 6, 30' FROG 5L'/LP/,v6 S,,J s G� 5E7QA CK L/NE �\° E°° E�9,,p 7 "5:4%.137 st..e, ..,:,.> ,s % \a 's� `036 i ri �g '93 < \ O a ,, 1 > ti C9 a o36 Si X03 .• �\\ ` 2io 6c \a' 6,.i`S�', SCALE : /"= 30'• \ I 4) N �/ I.3Zes /61a / 'J ■•v, q t4 / VJ:6P'S'co F° / o 4< ■ e�'y000{� . / (io33 by e?, o �' � ptKE�- �iipE Foz.-�fT�L l0\2.t `t °o riF0 D -Po 24-1-k mss', o ��(0-' 5" /�/ s •4. oc (�ED EE NOTES EX 1.5 T I J G �eJ / �� ` 0�. �° /,‘,2 `� ELEVATION — , c � \ \� \r0 \ 1j( ( 034'S) DENOTE.: PROPOSED / s of/ ' 0 'r: - `- $ ELEVATION - a r}' , / ti, 1‘\ �--� INDICATES DIREC.TIO;J El F�� ' /:.> to C✓ OF SURFACE DRAItJgeE 'I-� ■ / s, E��? v /036.83 = F/N/SHED GARAGE boa �s (70a.0°-.)) FLOOR ELE VAT/OIV 0 I hereb y certify that this is a true and correct representation of a tract of land as show -n. described hereon.. As prepared by me on this Z� 8'_ day of MAY , 19 87 . i 17c 1 Hinn. Reg. No. /Pr 47f. 4k1-1D2EvJ W V \ , 1 3Z=io' ----- —16i-D. ili GRE , 2o.1D 1 1363 PNV 'uO $U!v •1319 I- AtJDEE w vD �% / - - - - - -1 /-" lZ•D M (p-O. 3C-to" .,,_S 110 W esfT ehu Nb W loom), Peoteery LOOS ( --1 (° 3 o ; Ai�t ' /7 . i i 1 4 N A N t t� el j/.., U\- N \) , ‘1\ 1 • to .o* 1 , 18 it A An 1C i i I 1 w / /I if N ! -'- C . a. 0 ti c+ I I I v I 1 I i _ t 1 3 1 4 r . :. I I.4"-NJ / I \ I I \ . Ti ‘ I I �`1 a 11 I I 3 1 1 1 I I d F k ' I *4 t e r 1+ f 1 ....? . S , • GI l I La L11 1 I 7 .::: 1 _ 1 . _ 1 I' S ikv • :Q f -— z iv°i g 1 F r ,Q S 17 -7 x.-1.1 11 - - o,oz ,o- 41 9('h'7 X71, • i O s ' W LI J -,= )1 i # e g tai� 4 $ g i of A W r i o f 4 'r) i l, w a 1 ` N m ) v at q 1-4 w-4. \ra. -,14 kr- ..,,,.,, ks PP — 11`x • 2------- 9 ..1 � ,v 33 _ 4 i .‘. 1. lk I :II (r7 g A 5 -1 . ..... _ Agenda Information Memo September 3, 1991 City Council Meeting CONDITIONAL USE PERMIT/NORTHCO H. Conditional Use Permit,Northco,to Allow a Day Care Facility in an NB (Neighborhood Business) District on Lot 1, Block 1, Blackhawk Plaza Addition, Located Along the North Side of Diffley Road, West of I-35E in the SE 1/4 of Section 20--At its August 27, 1991 meeting the Advisory Planning Commission considered a conditional use permit application for a day care facility in a neighborhood business district in the Blackhawk Plaza Addition. For additional information with respect to this application, please refgr to the ComV Development Department staff report which is nclosed on pages ///through/d for your review. Also enclosed on page � s a supplemental memorandum from City Planner Stu . A copy of the APC minu es regarding this item is enclosed on pages/s through / (, for the Council's information. The APC is recommending approval of this conditions use permit. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for Northco to allow a day care facility in an NB district on Lot 1, Block 1, Blackhawk Plaza Addition. • 1 1 °\ SUBJECT: CONDITIONAL USE PERMIT APPLICANT: NORTHCO LOCATION: LOT 1, BLOCK 1, BLACKHAWK PLAZA ADDITION EXISTING ZONING: NB (NEIGHBORHOOD BUSINESS) DATE OF PUBLIC HEARING: AUGUST 27, 1991 DATE OF REPORT: AUGUST 20, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by Northco requesting a Conditional Use Permit to allow a day care facility in a NB (Neighborhood Business) district. BACKGROUND: This item was continued at the July 23, 1991 Advisory Planning Commission meeting after concerns were raised regarding the location of the play area. Because of a timing problem for the Montessori Day Care Center, they have chosen another location; however Northco, the leasing agent, would like to proceed with this Conditional Use Permit application. They feel that a day care use would be a benefit in this center. COMMENTS: Northco is now requesting a day care use at the center in the space currently occupied by the Tom Thumb Store. Tom Thumb will be moving out of the approximate 4,000 sq. ft. end location to their own building within 60-90 days. Northco would like to market that end, with the outdoor play area abutting the indoor area for the day care use as soon as Tom Thumb is completed. Staff believes the nine parking stalls on the west end of the building by Tom Thumb should be removed for the outdoor play area. Northco believes the day care use will help support a struggling Eagan development. If approved, this Conditional Use Permit shall be subject to the following: 1. The outdoor play area shall be located adjacent to the indoor play area. 2. A plan indicating the location of the outdoor play area shall be submitted to the City staff for approval. 3. All other City Codes and requirements shall be met. 4. All other County and State regulations, permits, and licensing requirements shall be applied for, and approved. V 5. The nine parking stalls shall be removed at the west end of the building for the outdoor play area. 6. It shall be recorded with Dakota County and proof of record shall be submitted to the City within 60 days. FINANCIAL OBLIGATION - 20-CU-12-7-91 Northco Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amount None $0 Parcel has a pro-rated pending assessment related to Project 372. The improvement is the upgrade of Diffley Road. lt IUIeTDOOR PLAY IAA . 3 \\• b ,. • . \ . L ,.? ...., __ . . . . .. y - rj " 1 j` t 1, i�------ �1 f a 7 Vi�� J+ (,ice : ,- • . . I Q n ) .ems r :. r• C%!1 `:..•' / t � �9 _�.. _J lf :` : (- , . t . I ERZ 9.P..:- ...,.... # c^ is 1_ ....._ 7 COUNT ROAD N0. 30 • • • • • • /fgor2..... BLACKHAWK PLAZA SITE MAP • TOTAL BUILDING SQ. FT. = 30,032 • TOTAL PARKING = 190 BLACKHAWK ROAD (-7, ' 1 11 1,___, PARKING AREA VIISTIN6 Er. T R�1SED am 1141 s .....PRo pc)sAL 1100 ...... Cleaners I #108 #112 c 1114 ¢ o Video a Yogurt LN r j 1115 L w #118 w ∎., I # 2 0 o < ea i < #122 `Zr ; •4 12 4V F Ci t $ • 146 i4-4'i...1..4 t - 1, ,pe.+41 N or o 1128 • f r )A-44i3g1'.-`,:tgiolt:'*• - , o #132 Ili..., o ii34 .C t FTeeaven + - 1p.C.# egven + 7 < Chiropractor cv CU X3142 1140 c■ St alr`rribune 1 - PARKING AREA \` a1 1 StarTr45 ibune � 1 (83 . MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: AUGUST 28, 1991 RE: CONDITIONAL USE PERMIT NORTHCO At the August 27 Advisory Planning Commission meeting, a Conditional Use Permit to allow a day-care facility in a NB (Neighborhood Business) district at the Blackhawk Plaza Addition was approved unanimously by the Commission. The day-care facility and outdoor play area will be located at the west end of the building. Although the legal notice describes Lot 1, Block 1, Blackhawk Plaza Addition, notices this months were again sent to all properties within 350' since there was a change in the location of the proposed outdoor play area. There were no comments from the public and very little comments from the Commission. Condition #1 was modified to read, 'The fenced outdoor play area shall be located adjacent to the indoor play area". If you would like additional information on this item, please contact me. ty Planner JS/js ( P MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA AUGUST 27, 1991 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, August 27, 1991, at 7:00 p.m. at the Eagan Municipal Center. Present were members Graves, Voracek, Merkley, Hoeft and Miller. Also present were City Planner Jim Sturm, Assistant City Engineer Mike Foertsch, and City Attorney Mike Dougherty. AGENDA Merkley moved, Voracek seconded, the motion to approve the agenda as presented. All present voted in favor. MINUTES July 23 , 1991. Chairman Graves deferred approving the July 23, 1991, Minutes until the next APC meeting since the Commission Members had not yet received a copy of those Minutes. Chairman Graves explained the Advisory Planning Commission procedure to the public. CONDITIONAL USE PERMIT NORTHCO Chairman Graves opened the first public hearing of the evening regarding a Conditional Use Permit to allow a day car facility in a NB (Neighborhood Business) district on Lot 1, Block 1, Blackhawk Plaza Addition located along the north side of Diffley Road, west of I-35E in the SE 1/4 of Section 20. City Planner Jim Sturm stated that this application had been continued at the July 23, 1991, APC Meeting. The main concern then was the location of the outdoor play area. Since that time Tom Thumb, who leased the west end of the center, has decided to relocate. The proposed day care center will now be located at the west end of the building with the outdoor play area abutting the indoor area. Mr. Sturm related that City Staff has no concerns with this application. He requested that condition 11 be amended to require the outdoor play area to be fenced in. Theresa Riling, a representative of Northco, informed the Commission that Tom Thumb will be moving out within 60 to 90 days. They currently have a day care business which is interested in coming into the center. Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 27, 1991 Member Voracek stated that this new plan addresses the previous concerns and now meets all requirements. Voracek moved, Hoeft seconded, the motion to approve the Conditional Use Permit to allow a day care facility in a NB (Neighborhood Business) district on Lot 1, Block 1, Blackhawk Plaza Addition located along the north side of Diffley Road, west of I-35E in the SE 1/4 of Section 20, subject to the following conditions: 1. The fenced outdoor play area shall be located adjacent to the indoor play area. 2 . A plan indicating the location of the outdoor play area shall be submitted to the City staff for approval. 3 . All other City Codes and requirements shall be met. 4 . All other County and State regulations, permits, and licensing requirements shall be applied for, and approved. 5. The nine parking stalls shall be removed at the west end of the building for the outdoor play area. 6. It shall be recorded with Dakota County and proof of record shall be submitted to the City within 60 days. All present voted in favor. CONDITIONAL USE PERMIT THEISEN VENDING COMPANY Chairman Graves opened the next public hearing of the evening regarding a Conditional Use Permit to allow more than three amusement devices in a CSC (Community Shopping Center) district on Lot 1, Block 1, of the Eagan Convenience Center Addition located along the south side of Duckwood Drive, east of Krestwood Lane, in the NW 1/4 of Section 15. City Planner Jim Sturm stated that Dairy Queen is introducing Teen Dances on Saturday nights. These dances are located in the area next to Little Caesar's Pizza and is connected to Dairy Queen by a rear hallway. The applicant is proposing 18 amusement games. City Staff is recommending that no limitation be put on the number of amusement games allowed. 1. if6 Agenda Information Memo September 3, 1991 City Council Meeting CONDITIONAL USE PERMIT/THIESEN VENDING COMPANY I. Conditional Use Permit, Thiesen Vending Company, to Allow more than Three Amusement Devices in a CSC (Community Shopping Center) District on Lot 1, Block 1, of the Eagan Convenience Center Addition located Along the South Side of Duckwood Drive, East of'Crestwood Lane, in the NW 1/4 of Section 15—At its meeting of August 27, 1991, the Advisory Planning Commission considered a conditional use permit application to allow more than three amusement devices at the Dairy Queen located at 1380 Duckwood Drive. The property in question is zoned community shopping center and this district requires a conditional use permit for more than three amusement devices in any one location. The applicant is proposing a total of 18 amusement games. For additional information with respect to this item, please re a the Co unity Development Department staff report w 'ch is enclosed on pages rthrough fq U for your review. Also enclosed on page is a supplemental memorandum from Ci fanner Sturm. A copy of the APC minukes regarding this item is enclosed on pages (',Zxhrough for the Council's information. The APC is recommendin g approval roval of this conditi nd al use permit. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for Thiesen Vending Company to allow more than three amusement devices at the Dairy Queen located along the south side of Duckwood Drive. C SUBJECT: CONDITIONAL USE PERMIT APPLICANT: THEISEN VENDING COMPANY LOCATION: 1380 DUCKWOOD DRIVE LOT 1, BLOCK 1, EAGAN CONVENIENCE CENTER EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: AUGUST 27, 1991 DATE OF REPORT: AUGUST 12, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow more than three amusement devices at the Dairy Queen located at 1380 Duckwood Drive. The property in question is zoned Community Shopping Center (CSC) and this district requires a Conditional Use Permit for more than three amusement devices at any one location. The applicant is proposing a total of 18 amusement games. COMMENTS: The Dairy Queen restaurant re-opened earlier this year and the owner has, or is in the process of, introducing new ideas including teen dances on Friday and Saturday nights, as well as this application for amusement devices, i.e. video machines. The amusement machines, as well as the teen dances will be located in the store front just west of Little Caesar's Pizza and is connected to the Dairy Queen by a rear hallway. Currently, this room contains some tables and a disc jockey sound system. In conjunction with this Conditional Use application, the applicant is also required to get a license from the City for these machines. An inspection of the Eagan Convenience Center site revealed a number of dead, or dying, landscaping materials. These items will have to be replaced. Also, some existing signage may not meet the Eagan Sign Code requirements. If approved, this Conditional Use Permit shall be subject to the following conditions: 1. The owner shall apply for, and receive, an amusement machine license from the City. 2. All damaged landscape materials on the Eagan Convenience Center plat shall be replaced within a year from date of approval. 3. It shall be recorded with Dakota County within 60 days of approval with verification provided to the City.. 4. All signage must be granted by permit,meet Sign Code requirements, and pay the one-time sign fee of $2.50 per sq. ft. 5. All other applicable City Ordinances. FINANCIAL OBLIGATION 15-CU-15-8-91 THEISEN VENDING COMPANY Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amount None $ 0 'd9 ) 11 4 W - ,-OUAPRY ow s-GPM,. f•I ..,eLU�s PARK ;I D-NOREST PT. O 4-FOREST RIDGE 5_IRONWOOD LN. ivvv7 z p DO/+/+ C (\/\1�11I1 6-RE DM DOD PT 1. ivy/ • I • �... i ' -•TAN .. 'DOODLE La •d •• ■- �+ a ( Co Ro ONO a I . 60 iyH �,t i vi:41 e WATER/ i' P —h \ CENTRE TRE47WENT `-' `" tl1 C FAC/C IT c95 ! O LEAKY PARK P 8uC 3;e' :Ia.4 ;NE NW y-_=i1'•- = wORxS s x y.'.-._J I GARAGE ® Al • 4,....-' '— ..All ? . . ' 1_a LANE , .YIW� �a N.... 9 \ 3y% ---.. ..j (ti Kola'". .': �(`'>1 TIO4 cam`f� 1:c L5 s. -$r 1 .. ¶ AIL £ •h =-� - r- ,.I I, s Y _ `1ST - -, Mr) _4.------11....r--T 1 y os r . a. • .---' ,,,__A OQC ,. , '41 ell° If • 1 /�i_ - t';') i _ 1--• rte' „. _ . '`°' L , 1 • J o''' .,, • At IP • \0\...\ ;1i .,...1:-....,,, ,. .q.:irwo.40, . : ,i — L.,_ 1,1„, r: :: . ._—.,----. !' t ` ,PA, Y I- C .—• ...-----s- y --- -- -. —* �—7' et Y CC { 1 T.; ) • OS g 5 • i .re -rte v 1 11#\ N '- f`T- 3 Ge MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: AUGUST 28, 1991 RE: CONDITIONAL USE PERMIT THEISEN VENDING COMPANY At the August 27 Advisory Planning Commission meeting, the Conditional Use Permit to allow more than three amusement devices at the Dairy Queen located along the south side of Duckwood Drive was approved unanimously by the Commission. The applicant is proposing a total of 18 amusement games; staff and the Commission did not place a cap on that number since licensing is required annually through the City. There was no public comment and the Commission had general questions regarding the nature of the business and the teen club. They also expressed concern regarding the general appearance of the property and fully supported the condition that all damaged and dead landscape material shall be replaced. If you would like additional information on this item, please contact me. City Planner JS/js Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 27 , 1991 Member Voracek stated that this new plan addresses the previous concerns and now meets all requirements. Voracek moved, Hoeft seconded, the motion to approve the Conditional Use Permit to allow a day care facility in a NB (Neighborhood Business) district on Lot 1, Block 1, Blackhawk Plaza Addition located along the north side of Diffley Road, west of I-35E in the SE 1/4 of Section 20, subject to the following conditions: 1. The fenced outdoor play area shall be located adjacent to the indoor play area. 2 . A plan indicating the location of the outdoor play area shall be submitted to the City staff for approval. 3 . All other City Codes and requirements shall be met. 4 . All other County and State regulations, permits, and licensing requirements shall be applied for, and approved. 5. The nine parking stalls shall be removed at the west end of the building for the outdoor play area. 6. It shall be recorded with Dakota County and proof of record shall be submitted to the City within 60 days. All present voted in favor. CONDITIONAL USE PERMIT THEISEN VENDING COMPANY Chairman Graves opened the next public hearing of the evening regarding a Conditional Use Permit to allow more than three amusement devices in a CSC (Community Shopping Center) district on Lot 1, Block 1, of the Eagan Convenience Center Addition located along the south side of Duckwood Drive, east of Krestwood Lane, in the NW 1/4 of Section 15. City Planner Jim Sturm stated that Dairy Queen is introducing Teen Dances on Saturday nights. These dances are located in the area next to Little Caesar's Pizza and is connected to Dairy Queen by a rear hallway. The applicant is proposing 18 amusement games. City Staff is recommending that no limitation be put on the number of amusement games allowed. Page 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 27, 1991 Mr. Sturm mentioned that licensing will still be required. City Staff has no concerns regarding this application except the general decay of the outside landscaping materials. Mr. Stevens, a representative of Dairy Queen, stated that he was available for questions. Chairman Graves raised the concern whether the existing signage is meeting Eagan Sign Code requirements. City Planner Sturm answered that they are in the process of correcting this problem. Member Merkley asked if Little Caesar's has any concerns regarding this application. City Planner Sturm replied that Little Caesar's has voiced no objection to the proposed project. Mr. Stevens mentioned that an off-duty officer will be at the Teen Dances every week-end. Merkley moved, Hoeft seconded, the motion to approve a Conditional Use Permit to allow more than three amusement devices in a CSC (Community Shopping Center) district on Lot 1, Block 1, of the Eagan Convenience Center Addition located along the south side of Duckwood Drive, east of Krestwood Lane, in the NW 1/4 of Section 15, subject to the following conditions: 1. The owner shall apply for, and receive, an amusement machine license from the City. 2. All damaged landscape materials on the Eagan Convenience Center plat shall be replaced within a year from date of approval. 3. It shall be recorded with Dakota County within 60 days of approval with verification provided to the City. 4 . All signage must be granted by permit, meet Sign Code requirements, and pay the one-time sign fee of $2.50 per sq. ft. 5. All other applicable City Ordinances. All present voted in favor. t-R 3 Agenda Information Memo September 3, 1991 City Council Meeting CONDITIONAL USE PERMIT/HOLIDAY STATIONSTORES, INC. J. Conditional Use Permit, Holiday Stationstores, Inc., to Allow Outdoor Displays and Storage in a CSC (Community Shopping Center) District Located on Lot 1, Block 1, Mari Acres 2nd Addition, at the NW Intersection of Nicols Road and Cliff Road in the SW 1/4 of Section 30—At its meeting of August 27, 1991, the Advisory Planning Commission considered a conditional use permit application to allow outdoor displays and storage at the Holiday Stationstore at the northwest corner of Cliff Road and Nicols Road. For additional information on this item, please re r to Co unity Development Department staff report which ' enclosed on pages q �ough( for your review. Also enclosed on page -! is a supplemental m o ndum from City Planner Sturm. A copy of the . � � PY APC minutes is enclosed on pages � f through•, or the Council's information. The APC is recommending denial of thi conditional use permit. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit as requested by Holiday Stationstores to allow outdoor displays and storage at the Holiday Stationstore located at the northwest corner of Cliff Road and Nicols Road. 1 q V SUBJECT: CONDITIONAL USE PERMIT APPLICANT: HOLIDAY STATION STORES INC LOCATION: 4595 NICOLS ROAD P.I.D. #10-47401-010-01 EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: AUGUST 27, 1991 DATE OF REPORT: AUGUST 12, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow outside display and storage in front of the Holiday store located on the northwest corner of Cliff Road and Nicols Road. COMMENTS: The site is zoned CSC (Community Shopping Center). Outside display and storage is only allowed by a Conditional Use Permit in this zoning district. This Holiday store received a Conditional Use Permit for motor fuel sales in October 1986 and a Conditional Use Permit for a pylon sign in July 1987. The applicant is seeking this Conditional Use Permit to allow the display and storage of salt on the sidewalk directly in front of the store. The applicant is not proposing any screening of the storage. For approximately two and one-half years, staff has been attempting to eliminate storage/display of goods (windshield washer fluid, soft drinks, rock salt, etc.) in front of food and motor fuel stores through inspection and enforcement, as well as prohibiting such storage as a condition of plat approval and/or conditional use. Typically, outside storage is required to be fully screened and located away from designated traffic areas. If approved, this Conditional Use Permit shall be subject to: 1. The storage materials shall not be higher, wider, or deeper than 3'. 2. The storage area shall be fully screened. 3. It shall be recorded with Dakota County within 60 days of approval, with verification provided to the City. 4. All other applicable City Codes. FINANCIAL OBLIGATION 30-CU-14-8.91 HOLIDAY STATION STORES Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amount None S 0 C 1 . • ....I i ...■. ■1 1(t r.•I' tl I I (VI liii IT I i ill:i i i 111__Ir: .N it ii I I le i I t ( 11 I , . I , I/ 7 Aill— 1.( I 1 'I .. p-___ 1 • • I ! III i l 1 1 - < f - • 1 . 11 wire • f -. I I t 1. 1 , fl 8 tl; ,t ...I .5-rr2PAI=e .11 ..• .. • r . c frfreok .....• .. III . ./ 1 „ . I.. •--- 0 I1/4) diliZi I . .',r.''•. ij 17. • li 1 II 1 •- --c!v ift. 1 I .. •..., • . . . J.! . -"tak-____.:j # -ili 1 1 1 iti lit 1.,:i 1 , 1 1 41111 Iii l'! • /I j 1 6 • i" ... • ; r I • , . . L C Li F"F iZ04101> , -.. S 4f-5a e CD HOLIDAY " T o 1i4 - .Z ..-:..7-.7—,:;..„..._-7.....-...._7_-:•--_...._-..-.-_..-._--■-.-_--•— ..._..- ...A..-M.I.D., . . - - . -- .- . . ( q 7 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: AUGUST 28, 1991 RE: CONDITIONAL USE PERMIT HOLIDAY STATIONSTORES INC At the August 27 Advisory Planning Commission meeting, the Conditional Use Permit to allow outdoor displays and storage at the Holiday Stationstore located at the NW corner of Cliff Road and Nicols Road was denied unanimously by the Commission. There were no public comments on this item. Mark Nelson of Holiday Stationstores was there and stated they have been selling merchandise on the sidewalk since the opening of the store in 1986/87 and felt that it was a permitted use. The Commission felt that this application was very similar to the Tom Thumb request that was denied last month. After very little discussion, the Holiday application was denied for the same three conditions: 1) It would create a safety problem for customers using the sidewalk. 2) It is non-compatible with the existing center/facility. 3) It will set a precedence in what other convenience stores will be allowed to do. Although the Commission was aware the Council directed staff to research and prepare a definition of outdoor storage, they felt that Holiday has not been in compliance with the existing City Code and rather than continue the item until the Council action takes place on the Tom Thumb application, it would be best to be consistent with their previous action. If you would like additional information on this item, please contact me. ;-t---y Planner JS/js ( 9S) Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 27, 1991 CONDITIONAL USE PERMIT HOLIDAY STATIONSTORES, INC. Chairman Graves opened the next public hearing of the evening regarding a Conditional Use Permit to allow outdoor displays and storage in a CSC (Community Shopping Center) district located on Lot 1, Block 1, Mari Acres 2nd Addition, at the NW intersection of Nicols Road and Cliff Road in the SW 1/4 of Section 30. City Planner Jim Sturm stated that this application is similar to the Tom Thumb application which appeared before the Commission on July 23 , 1991, and at which time was denied. It was denied because of: 1) safety concerns, 2) non-compatibility with existing center, and 3) it will set a precedent to what other convenience store will be allowed to do. He related that the City has been trying for two years to eliminate all outdoor storage in front of convenience stores. Mark Nelson, a representative of Holiday Stores, stated that Holiday sells many items from the outdoor display area. He felt that it was convenient for customers to have this area. Mr. Nelson also mentioned that Holiday has had outdoor storage since 1986 and they did not feel it was right to take this away from them. Chairman Graves commented that it is convenient for customers, but that it is also a safety problem. Mr. Nelson replied that this specific Holiday store has 7 foot sidewalks and the outdoor display is away from the main traffic areas. Member Merkley stated that he feels the same way as he did last month, and that outdoor storage should be eliminated. Member Miller agreed with Member Merkley and felt this application should be denied because of the same three reasons the Tom Thumb application was denied. Miller moved, Hoeft seconded, the motion to deny a Conditional Use Permit to allow outdoor displays and storage in a CSC (Community Shopping Center) district located on Lot 1, Block 1, Mari Acres 2nd Addition, at the NW intersection of Nicols Road and Cliff Road in the SW 1/4 of Section 30, for the following reasons: 1. Create a safety problem for customers using the sidewalk. ( 9? Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 27, 1991 2. It is non-compatible with the existing center. 3. It will set a precedent in what other convenience stores will be allowed to do. All voted in favor. CONDITIONAL USE PERMIT THE DANTE CORPORATION LTD. Chairman Graves opened the next public hearing of the evening regarding a Conditional Use Permit to allow an on-site manager's residence for a storage facility in a LI (Light Industrial) district located on Lot 6, Block 2 , Sibley Terminal Industrial Park, along the east side of Terminal Drive in the SE 1/4 of Section 8. City Planner Jim Sturm stated that this application had been approved twice before, but both times was not acted upon in one year and therefore has to come before the Commission again. The project meets all City Code requirements. • Mr. R. Dante stated that he was there to answer any questions. Miller moved, Voracek seconded, the motion to approve a Conditional Use Permit to allow an on-site manager's residence for a storage facility in a LI (Light Industrial) district located on Lot 6, Block 2, Sibley Terminal Industrial Park, along the east side of Terminal Drive in the SE 1/4 of Section 8, subject to the following conditions: 1. No storage, or parking, on the roof of the building. 2. All signage shall conform with City Code requirements. 3. A detailed landscape plan shall be submitted and emphasize the Highway 13 corridor image. 4 . It shall be recorded with Dakota County and proof of record shall be submitted to the City within 60 days. 5. A detailed grading, drainage and erosion control plan shall be submitted with the building permit application. 6. A detailed utility layout plan shall be submitted with the building permit application. V V Agenda Information Memo September 3, 1991 City Council Meeting CONDITIONAL USE PERMIT/THE DANTE CORPORATION, LTD. K. Conditional Use Permit, The Dante Corporation, Ltd., to Allow an On-Site Manager's Residence for a Storage Facility in a LI (Light Industrial) District Located on Lot 6,Block 2, Sibley Terminal Industrial Park, Along the East Side of Terminal Drive in the SE 1/4 of Section 8--At its meeting of August 27, 1991, the Advisory Planning Commission considered a conditional use permit application to allow a mini storage facility with an on- site manager's residence. For additional information on this application,please refer to the Community Development Department staff report which is enclosed on paged b� through?Or to for your review. Also enclosed on page 02 o is a supplemental memorandum from City lanner Sturm. copy of the APC minutes tegarding this item is enclosed on pageQD through -0 7 for the Council's information. The APC is recommending approval of this conditional use permit. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for The Dante Corporation, Ltd., to allow a mini storage facility with an on-site manager's residence as presented. vl SUBJECT: CONDITIONAL USE PERMIT APPLICANT: THE DANTE CORPORATION LOCATION: LOT 2, BLOCK 6, SIBLEY TERMINAL INDUSTRIAL PARK EXISTING ZONING: I-i (LIMITED INDUSTRIAL) DATE OF PUBLIC HEARING: AUGUST 27, 1991 DATE OF REPORT: AUGUST 20, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by the Dante Corporation, Ltd. requesting a Conditional Use Permit to allow a mini-storage facility on Lot 6, Block 2 of the Sibley Terminal Industrial Park. Storage facilities are a permitted use within a LI district, however the on-site residence for the manager requires a Conditional Use Permit. BACKGROUND: In 1988 this proposal was unanimously approved by the Advisory Planning Commission and the City Council; however, it was not acted on by the applicant, and as a result became null and void after one year from approval. At the April 3, 1990 City Council meeting, the Council approved the Conditional Use Permit extension. COMMENTS: The partnership which existed prior to this application (the Dan Bar Company) has since dissolved and now Mr. R. Dante is applying for the Conditional Use Permit with his company--The Dante Corporation, Ltd. The building proposal is the same as previously submitted. The first floor will be document storage and the second through fourth floors shall consist of mini-storage areas, with some document storage areas. The total square footage of the building is 287,100 sq. ft.; the building footprint is 71,775 sq. ft. The building meets all setback and lot coverage requirements. CONDITIONS: 1. No storage, or parking, on the roof of the building. 2. All signage shall conform with City Code requirements. 3. A detailed landscape plan shall be submitted and emphasize the Highway 13 corridor image. 4. It shall be recorded with Dakota County and proof of record shall be submitted to the City within 60 days. 2-6.2. 5. A detailed grading, drainage and erosion control plan shall be submitted with the building permit application. 6. A detailed utility layout plan shall be submitted with the building permit application. 7. A concrete valley gutter shall be constructed across Terminal Drive at the intersection of the new driveway. 8. The proposed water main layout will provide hydrants along the proposed building to meet fire protection standards. FINANCIAL OBLIGATION 8-CU-13-7-91 DANTE CORPORATION, LTD. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amount Storm Sewer Lateral 214 C/I 8.26/FF 341.47 $2.821 TOTAL $2,821 == =_ This financial obligation will not be a condition of approval of the conditional use permit. X03 4 d _1 v ti if e� � 0 1 0,i- c �. _ n. J 4. - /4) V /.°7 9 ii >/7 �s ''l,. , . 7 2 3, . 4 4, , . . 0, , Do \ Subject �� 1 r 4 • N h '��� L l 7 022-;C t\O C 7;0.53 ,\`0 X1- % (/' Lvi-v/7 .� cS 41:7 '' . o Jh Q` l ✓ ✓esfv_5• 5 V off/ p ' 0 , . 03/ -7S V' CI by h V 032.1s '07.30 - �0��_7� rJ6, . • 23,.09..- U' 023-75 c. r • / c-w.- a , -,ed� ,/ 9,1Q 4er . 020-76 't . • o'. s. /Pile. . • 204 TERMINAL ROAD 4-0. .$0-0 a q 1 o 4^ t *Host/aria t � ;� I •o.■c 8 • / 13 AI 1 e n o / )4 = [_ • • n f;C r/. / I .....-•-7 g_i ► o i � I . P : / q . --� l'1 N y , / I J I; • ' :L lc---3. '-o' r_ N*.-'' to_- T— r / {*n tt ag k v-)) : / I/ :red 9 ^,�„ ROOF SLOPE 1 Dv X I — —ii; o{ / 1 . ^i 1 I I __,_f"� / E. I I _o — — •i .� I i4 g • I -- (-1\ . , , _. ..... . .. ,\ , ____ 11 ,- . , , . 8,_.- ' 1 Z • Q 2 �— storm ) i -- tn•..cR soot ? U '' '' i )I I r cl I 1 �_ RV/ t Fla I y.Lii' :,". 1 \ 1 p , i I I Z I 1 ii I I at)1 — .. plot GfNAY NO• 13. � . - MN DRUNKtU � li �— � sn e H U . cic �'. C C C CC IC I. I C Z tt .r C Z C h 0 o O c O ° E e h N h h c au 2 ? 2 x .c i I. Z m 8 e O i. O . 10 ...____ .......„ e n H • C lc V t t = • fc �i E Z E a 20 tes MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: AUGUST 28, 1991 RE: CONDITIONAL USE PERMIT THE DANTE CORPORATION LTD. At the August 27 Advisory Planning Commission meeting, the Conditional Use Permit to allow a mini-storage facility with an on-site managers residence was approved unanimously by the Commission. This item was previously in front of the Commission and Council and approved unanimously both in 1988 and 1990. Conditional Use Permits become null and void after one year if they are not acted upon. Since last spring, the partnership which previously existed has dissolved and one of the partners now intends to do the project alone. There was very little discussion from the Commission and no public comment. The site plan changed only slightly in moving the access to the southern portion of the site and moving the on-site managers residence to the center of the site. A detailed plan review will occur with the building permit. If you would like additional information on this item, please contact me. City Planner JS/js Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 27, 1991 2 . It is non-compatible with the existing center. 3. It will set a precedent in what other convenience stores will be allowed to do. All voted in favor. CONDITIONAL USE PERMIT THE DANTE CORPORATION LTD. Chairman Graves opened the next public hearing of the evening regarding a Conditional Use Permit to allow an on-site manager's residence for a storage facility in a LI (Light Industrial) district located on Lot 6, Block 2, Sibley Terminal Industrial Park, along the east side of Terminal Drive in the SE 1/4 of Section 8. City Planner Jim Sturm stated that this application had been approved twice before, but both times was not acted upon in one year and therefore has to come before the Commission again. The project meets all City Code requirements. Mr. R. Dante stated that he was there to answer any questions. Miller moved, Voracek seconded, the motion to approve a Conditional Use Permit to allow an on-site manager's residence for a storage facility in a LI (Light Industrial) district located on Lot 6, Block 2 , Sibley Terminal Industrial Park, along the east side of Terminal Drive in the SE 1/4 of Section 8, subject to the following conditions: 1. No storage, or parking, on the roof of the building. 2. All signage shall conform with City Code requirements. 3. A detailed landscape plan shall be submitted and emphasize the Highway 13 corridor image. 4. It shall be recorded with Dakota County and proof of record shall be submitted to the City within 60 days. 5. A detailed grading, drainage and erosion control plan shall be submitted with the building permit application. 6. A detailed utility layout plan shall be submitted with the building permit application. Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 27, 1991 7. A concrete valley gutter shall be constructed across Terminal Drive at the intersection of the new driveway. 8. The proposed water main layout will provide hydrants along the proposed building to meet fire protection standards. All present voted in favor. ORDINANCE AMENDMENT CITY OF EAGAN Chairman Graves opened the next public hearing of the evening regarding an Ordinance amending Chapters 11 and 13 of the Eagan City Code pertaining to General Requirements "Past Delinquent Bills". City Planner Jim Sturm commented that this application will basically rescind an ordinance that was never codified. A discussion occurred regarding current and past billing practices. Voracek moved, Merkley seconded, the motion to approve an Ordinance amending Eagan City Code Chapter 13 entitled "Subdivision Regulations (Platting) " by repealing a provision relating to requirements for City approval; and by adopting by reference Eagan City Code Chapter 1, and Section 13.99; and to approve an Ordinance amending Eagan City Code Chapter 11 entitled "Land Use Regulations (Zoning) " by repealing Subd. 29 to Section 11. 10 regarding general provisions; and by adopting by reference Eagan City Code Chapter 1 and Section 11.99. All present voted in favor. TAX INCREMENT FINANCING CITY OF EAGAN Chairman Graves opened the last public hearing of the evening regarding Unisys' request to review modification No. 1 to the Tax Increment Financing Plan and Development Program for Economic Development District No. 1 for conformity to Eagan's Comprehensive Guide Plan. City Administrator Tom Hedges stated that Northwest Airlines would like to acquire the Unisys semi-conductor facility, which is currently vacant. He briefly commented on the background of this 41 Agenda Information Memo September 3, 1991 City Council Meeting ORDINANCE AMENDMENT/PAST DELINQUENT BILLS L. Ordinance Amendment, City of Egan,Amending Chapters 11 and 13 of the Eagan City Code Pertaining to General Requirements for "Past Delinquent Bills"—At its meeting of August 27, 1991, the Advisory Planning Commission considered an ordinance amendment for the City of Eagan regarding past delinquent bills concerned in the development process. For more information on this item, please refer to a memo from the City Pl er enclosed on page )t( and copies of the ordinance amendment enclosed on pages./through 243 . A copy of the APC minutes regarding this item is enclosed on page(/for the Council's information. The APC is recommending approval of the ordinance an�lendment. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an ordinance amendment for Chapters 11 and 13 of the Eagan City Code pertaining to general requirements for past delinquent bills. 10 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: AUGUST 28, 1991 RE: ORDINANCE AMENDMENT CITY OF EAGAN In 1986, the City initiated the escrow policy allowing staff and consultant time used to review projects to be billed to the applicants. Last year, the City created an Ordinance permitting staff to hold any development application until all existing escrow balances were paid to date. Since then the Finance Department, along with Marilyn in the Planning Department, has been very successful in their collecting efforts. In May the Council directed staff to proceed with the escrow policy, but continue to collect during the process. As a result, last year's Ordinance was not codified and the proposed action will eliminate the previously- approved Ordinance. There were very few questions regarding this Ordinance and no one from the public was there to comment. 17414".. City Planner JS/js e,'?C ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING) " BY REPEALING SUBD. 29 TO SECTION 11. 10 REGARDING GENERAL PROVISIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Section 11. 10 entitled "General Provisions" is hereby amended by repealing subd. 29, relating to requests for City approval. 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. 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: G)/ ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 13 ENTITLED "SUBDIVISION REGULATIONS (PLATTING) " BY REPEALING A PROVISION RELATING TO REQUIREMENTS FOR CITY APPROVAL; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 13.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 13 is hereby amended by repealing Section 13 . 11 relating to requirements for City approval and including Past Delinquent Bills, Account Review Board and Waivers. Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 13 .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: .2 (3 Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 27, 1991 7. A concrete valley gutter shall be constructed across Terminal Drive at the intersection of the new driveway. 8. The proposed water main layout will provide hydrants along the proposed building to meet fire protection standards. All present voted in favor. ORDINANCE AMENDMENT CITY OF EAGAN Chairman Graves opened the next public hearing of the evening regarding an Ordinance amending Chapters 11 and 13 of the Eagan City Code pertaining to General Requirements "Past Delinquent Bills". City Planner Jim Sturm commented that this application will basically rescind an ordinance that was never codified. A discussion occurred regarding current and past billing practices. Voracek moved, Merkley seconded, the motion to approve an Ordinance amending Eagan City Code Chapter 13 entitled "Subdivision Regulations (Platting) " by repealing a provision relating to requirements for City approval; and by adopting by reference Eagan City Code Chapter 1, and Section 13.99; and to approve an Ordinance amending Eagan City Code Chapter 11 entitled "Land Use Regulations (Zoning) " by repealing Subd. 29 to Section 11. 10 regarding general provisions; and by adopting by reference Eagan City Code Chapter 1 and Section 11.99. All present voted in favor. TAX INCREMENT FINANCING CITY OF EAGAN Chairman Graves opened the last public hearing of the evening regarding Unisys' request to review modification No. 1 to the Tax Increment Financing Plan and Development Program for Economic Development District No. 1 for conformity to Eagan's Comprehensive Guide Plan. City Administrator Tom Hedges stated that Northwest Airlines would like to acquire the Unisys semi-conductor facility, which is currently vacant. He briefly commented on the background of this ri 1 MINUTES OF A REGULAR MEETING OF THE EAGAN,CITY COUNCIL Eagan,Minnesota August 20, 1991 A regular meeting of the Eagoi::cityjr.CitMa* lield on Tuesday, August 20, 1991, at the Eagan Municipal Center. Present were Mayor Wachter,Gustafson,McCrea,and Pawlenty. Also present were City Administrator Heckges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Atiiiiiiey James Sheldon. IMP& City Administrator Hedges stated that if discussion is lengthy on Consent Agenda Item C, Final Plat for West Publishing 5th Addition, and ccmsent Agenda Item N,Contract 91-08,Receive Bids/Award Contract (Wilderness Run Road),they may be pullafrom the:ponsent Agenda for further discussion and separate action. ....• .•.•.•.• •:•:•:•: .•.•.•.• ........ .•.-.•.• Pawlenty moved,Gustafson seconded,a motion to approve the agenda for the August 20,1991,regular City Council meeting as amended. Aye...5 Councilmembers Wachter and Gustafson asked that cancellation of Project 601,Lexington Avenue/Lone Oak Road - Intersection Reconstruction and Signalization be clarified to reflect their concerns about the lack of residential and business access at this intersection. Pawlenty moved, Gustafson seconded, a mc•cipO:**40i.Ove the minutes of the August 6, 1991,regular City Council meeting as amended. Aye: •:::::•::::••:•:••••• PrAVIMIlfjoSUSINEM POLICE DEPARTMENT/DNR ALTERNATIYi::DEER CONTROL PROGRAM After introduction by Mayor Egan, City Administrator Hedges explained this request from the Department of Natural Resources as a special hunt to control the number of deer in the Fort Snelling State Park, the Minnesota Valley National Wildlife Refuge and certain open space lands in Bloomington. The hunt would be three weekends in late November/December. Tiae.ANR has also asked that the City's ordinance be changed to include a provision for minors:.0.4i3M(.•:tuit:Oiiiiiiiiiii accompanied by a participating adult. Jon Parker,Area Wildlife Manager,said theiidinance change would be more restrictive than hunts in the past and give the DNR a little more con trol over.*hunt. The DNR is attempting to maximize their efforts so that sharpshooters will not be needeC1:0..bii4ig.A .:iiecr...population under controL Mr. Parker said that a regular deer hunting license will be necet*iitifiiielitiiiiife :e.04 participate in this hunt;however,they will not have to buy a bonus license unless and until their names are drawn as one of the participants. Councilmember Gustafson questioned whether being required to buy a regular and bonus hunting license would encourage participation. He recommended a less costly method of allowing a permit for this hunt only. Mr. Parker said that while the DNR would,.14:.:#00:latitude in staging such special hunts, they are not authorized by law to do so. After further discussion, Gustafii:moved, Wachter4conded, a motion to authorize the 1991-1993 alternative deer control program at Foq::Snelling State Park4s requested by the Department of Natural Resources. Aye: 5 Nay: 0 PAGE 2/EAGAN CITY COUNCIL MINUTES August 20, 1991 • Gustafson moved,Wachter secciiiiied,a motion to approve an ordinance amendment regarding minors participating in the DNR special hunting.:se4sel.i.:a4A4ActriM4he City Attorney to draft formal language to that effect for ratification by the City 1991,regular City Council meeting. Councilmember Wachter asked:*the hunt be reevaluated by staff in one year. Aye: 5 Nay: 0 POLICE DEPARTMENT/SPECIAL HUNTING PERMIT Gustafson moved,Egan seconde0 motion:to:approve a hunting permit for bow and arrow deer hunting for Chris Holste, 1667 Mallard Drive,oii....t*Operty owned by Larry Wenzel at 1505 Diff ley Road. Aye: 5 Nay: 0 •••••••• ..:•. As indicated at the beginning of the meeting,further discussion was necessary for Item N,Contract 91- 08(Wilderness Run Road); however, Director of Community Development Runkle said that everything was in order for Item C, Final Plat for West Publishing, to proceed. Director of Public Works Colbert said that as a result: reviewing the accuracy of the bid extensions and additions for Contract 91-08,an error was discovered ieSiihi.tig in a change in the low bidder. The new low bidder is Palda&Sons,Inc. This item was retur04:t4:thetti3iisent Agenda for consideration and approved with that motion. .•.•. • •..• A. Personnel Items Item 1. Part-Time Clerical Tech III/Central Servieli:Maintenance (Job Share)--It was recommended that the hiring of Cherie Kempe as a part-time Clerical Tech III for Central Services Maintenance be approved subject to the successful completion of the physical examination requirement. Item 2. Seasonal Forestry Aide—It was recommended that the hiring of Mark Buesgens as a Seasonal Forestry Aide be approved. .• Item 3. Seasonal Parks Maintenance Workei—It was recommended that the hiring of Jonathan McMahon as a Seasonal Parks Mainteniike Worker: ratified. .•.•...•. Item 4. Seasonal Parks Maintei*eeWorlifiii0t was recommended that the hiring of George Sellner as a Seasonal Parks Maintenance B. License.Four Amusement Devices at Durnings Restaurant. Dahlco Vending and Music It was recommended that a license for four amusement devices to be placed at Durnings Restaurant, as applied for by Alex Graham of DVM, Inc.,.Dahlep*!sic and Vending, be approved. C Final Plat.West Publishing •...• It was recommended that the final:flat for West Publishing 5th Addition be approved. ■ PAGE 3/EAGAN CITY COUNCIL MINUTES August 20, 1991 D. Project 589R. Special Assessment Agreement for West Publishing (Elrene Road) It was recommended that a for West Pub Kching Project 589R (Elrene Road)be approved and the Mayor and Cjt Clerk authorized to execute said agreement subject to the dedication :::•.•::: of the appropriate easements. •:•:•:••.• E. Project 89-X.Acknowledge Completion/Authorize City Maintenance (Coventry Pass - Streets &, Utilities) It was recommended that the.completion of Project 89-X (Coventry Pass - Streets & Utilities) be acknowledged and perpetual City maintenance authorized subject to appropriate warranty conditions of the ....... .•...•.• development agreement. •• • -:•:•:•: .•.•.•.• ........ :::•:•:: F. Project 90-Z. Acknowledge tornpletibii/Authorize City Maintenance (Town Centre 100 - 9th Addition Vehicle Emission Testing Faci*:•!::igtikii00,iO4:•::•••.:•:::::::.:.:' It was recommended that the completion of Project 90-Z, Town Centre 100 - 9th Addition Vehicle Emission Testing Facility Storm Sewer,be acknowledged and perpetual City maintenance authorized subject to appropriate warranty conditions of the development agreement. G. Project 87-HH.Acknowledge Completion/Autb,ori*City Maintenance(Hidden Valley-Streets& Utilities) ......:•:::•:::•::::::•:•:•••" • It was recommended that the 1:44jifiti6ii•of Prcilect 87-HH, Hidden Valley - Streets & Utilities, be acknowledged and perpetual City maintenanc.e.:aRthorize,d:subject to appropriate warranty conditions of the development agreement. • H. Project 621. Receive Petition/Authorize Fea4iiiii:Report & Detailed Plans (Manor Lake 4th Addition - Streets & Utilities) It was recommended that the petition be received and preparation of a feasibility report and simultaneous preparation of detailed plans and specifications for Project 621(Manor Lake 4th Addition-Streets & Utilities) authorized. L Project 598.Receive Final Assessment Raq(iiiier Public Hearing(Galaxie Cliff Plaza 2nd Addition- Streets & Utilities) It was recommended that the fi.i4its..ses.s.ipiiik:r911.for Project 598 (Galaxie Cliff Plaza 2nd Addition- Streets & Utilities) be received and the Oti;:**4:•*•.1(Qiii.iiil to be held September 16, 1991. J. Project 583.Receive Final Assessment Roll/Order Public Hearing(Park Center Addition-Streets & Utilities It was recommended that the final ass.94.501.**-A441.for Project 583 (Park Center Addition-Streets& Utilities) be received and the public hearing.04aiitia**;:keld September 16, 1991. ...-.•...•.• K. Project 577.Receive Final Assessment Roll/Orderiiiblic Hearing(Rusten Road-Streets&Utilities .•.•.•.. It was recommended that the final.assessment rollfor.:S.Oject 577(Rusten Road -Streets& Utilities) be received and the public hearing sched0.4.40*-....4k***pr 16 1991. ••••••••••• PAGE 4/EAGAN CITY COUNCIL MINUTES August 20, 1991 ......... ......... L Contract 91-09.Approve Pla /Authorize Advertisement for Bids (Well #16) It was recommended that the plans and speficaoas for Contract 91-09 (Well #16) be approved and the advertisement for a bid opening authorized for 1030 a.m. on Friday, September 3, 199L •••• M. Contract 91-10.Approve Plan ./Authorize Advertisement for Bids(North Well Field Transmission Main) It was recommended that the plans and specifications for Contract 91-10(North Well Field Transmission Main)be approved and the advertisement for a bid opening authorized for 11:00 a.m.on Friday,September 13, 1991. :-:::•:•: :::::::: •..•... N. Contract 91-08 (Receive Bids/Award çontract (Wilderness Run Road - Reconstruction) It was recommended that the bichi:f0:::c0.01r454:9.P374(Wilderness Run Road - Reconstruction) be received and the total base bid plus Palda & Sons, Inc., the lowest responsible bidder, subject to Municipal State Aid approval. 0. Project 592.Receive Final Assessment Roll/Order Public Hearing(Wilmus Addition-Trunk Storm Sewer) It was recommended that the final assessment roll.for.:froject 592 (Wilmus Addition - Trunk Storm Sewer) be received and the public hearing scheduled.tolliebOdteptember 16, 1991. P. Project 597.Receive Final Asseiiiikoll/Order Public Hearing(Hills of Stonebridge 3rd Addition -:•:•• - Trunk Storm Sewer) ....:•:.:•.. It was recommended that the final assessnielitr:Of0.froject 597(Hills of Stonebridge 3rd Addition- Trunk Storm Sewer) be received and the public hearing sChedii,ted to be held September 16, 1991. Q. Contractual Snow Removal Snow Services, Approve Specifications/Authorize Solicitation of Ouotations It was recommended that the specifications for contractual snow removal services be approved and the solicitation of competitive quotations aut,b4e4.••:: i.th..:o::biiii:::4ening date scheduled for 1100 a.m., Friday, September 13, 1991. ••• •• •••••••...•.• R. Vacate Public Right-of-WayiAeceive Petition/Order Public Hearing (Nicols Road) It was recommended that the a public hearing scheduled to be held on September 16, 1991, for a portion of • Wachter moved, McCrea seconded, a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 .....MEADOWVIEW ROAD ........ ..•-•-• • ....•.• Mayor Egan introduced this iteiiii*o:ipupti :.*O0iiig tor Project 615, Meadowview Road (Streets & Utilities). • PAGE 5/EAGAN CITY COUNCIL MINUTES August 20, 1991 :•:.:.:•:. Mr. Len Newquis' t, of Short-Eifiiitit-Hendrickson, provided background on the project location, the intended improvements, the.estimated wgzsntents::ancl:Op.roperties proposed to be assessed. Director of Public Works Colbert said that no easemitit•iiiritilifikit401,sition costs had been included in the feasibility report. Mr.and Mrs.Wayne Goldsworthy,3083 Sibley Memorial Highway,were represented by their daughter who said all the businesses in the area have access on Terminal Drive and wondered why Meadowview Road needed to be upgraded and why it needed to be done now. Director of Public Works Colbert said that because Meadowview Road is a gravel road,it is becoming difficult as well as costly to maintain. The City has evaluated and prioritized all the streets in the community and based upon complaints and increasing maintenance costs, upgrading is indicated. It is one of the.:few industrig:roads in Eagan that is gravel. Deferments and"use vs zoning clificationt were then discussed. The current underlying zoning in the area is Light Industrial. Director of Public Worki'&1bert said there are no deferments available other than green acres or senior citizen but a speOal:iagie;.04?,,pt:ci:Wlitt*:.:Pxplored which would defer a portion of the Goldsworthy's assessment until the and best use. Mr. Dave Schneider, representing United Stationers, also objected to the upgrading of Meadowview Road as not needed. Additionally,he pointed out that his company had not granted any easements to the City to widen the road. Director of Public Works Colbert said that the right-of-way was granted with the platting of the property. Additionally,City Attorney Sheldon explained that easement and right-of-way acquisition costs are a cost of the project and will be included at the fing**iiinent hearing. • Mr.Dave Reese,who lives on the east side of Highway 13 asked if he was included in the project and was told his property was included in the'itoym:s.ewer area assessment. Because of the many questions raised, Directat of Iubhc Works Colbert said additional alternatives could be looked at including a shorter cul de sac,looping dii:itiCets, doing more soil borings,etc. He said the method of assessment had been difficult to determine and suggested that an alternate assessment roll also be studied. The Council agreed there were too many open-ended questions and suggested a new feasibility study. Councilmember Gustafson initially moved that the public hearing be closed and staff directed to prepare a revised feasibility report for Project 615,Meadowview Road..(Streets and Utilities). •• •••..•.•.•• .•.•.•.•.......... After further consideration, Gust4i;ii reiiiiiclOhilinialon and Wachter moved,Gustafson seconded, a motion to close the public hearing aiiii::aeny Prbtt 615, Meadowview Road (Streets and Utilities) with direction to staff to revise the feasibility report toy...this project and after presentation to the City Council, renotice all affected property owners fot:**#eyp0.k11ergiPg.... Aye: 5 Nay: 0 • PRETTYMAN HEIGHTSIDKLARATION OF DEFAULT Wachter moved, Pawlenty seconded, a motion to place consideration of the Prettyman Heights Declaration of Default at a later point agenda. Aye: *$*ay: 0 ....... ■ • PAGE 6/EAGAN CITY COUNCIL MINUTES August 20, 1991 RESOLUT.IQN/MPCAAIR.h:MISSION PERMIT •••• :.:$ENECA PLANT::: Mayor Egan introduced this item;as a resolution regarding the City's position on the Minnesota Pollution Control Agency's Air Emission Permit foi:the Seneca Waste Water Treatment Plant. City Administrator Hedges provided background and said that resident, John Westley, and Leslie Davis of Earth Protector, Inc., had requested a contested case hearing on the issuance of an emission permit from the MPCA for the Seneca Plant. Because of this action,the Metropolitan Waste Control Commission had indicated they will not be able to meet the deadlines previously agreed upon for,the completion of incinerator improvements and the N-Viro project at the Seneca Plant. Concerns were expressed about::the delay.::of the incrallation of this equipment. The neighboring residents have been frustrated by delays hhd have.4uorked very hard to achieve this process. •• •rove the resolution as shown in Exhibit A Gustafson moved, McCrea secoiDded ���i���irint►ori:�SO:::�p� regarding the City's position on the MPCA air emission permit for the Seneca Waste Water Treatment Plant. City Attorney Sheldon said if authorized, the MWCC could be asked to request separate permits for the N-Viro and incineration processes so if one is continued,the other can proceed. John Westley,1747 Bluebill Drive,said that there is a misconception regarding the contestingpf the MPCA permit. He said everyone wants the N-Vino process as soon as possible;however,it is!heat cmeration process that he has called into question. He said the money being spent to install the.inraoi.improvements would be better spent pursuing other alternatives. In answer to a question::ftistiik::thie'City Council, City Attorney Sheldon said there is some disagreement on whether either the N-Viro..or,incineration process can proceed independent of the other; however as it stands now, the MPCA's position s:tli t:the MWCC cannot continue. Mr.Westley said he had met with an MPCA staff member who stated that'th e: ?C•C:could amend the permit to allow N-Viro only • Discussion then turned to the repercussions of a delay in permit approval. City Attorney Sheldon said that the MWCC has indicated they cannot negotiate an amendment to the development contract dates for installation of odor control equipment until they receive the MPCA permit. In addition, the development contract provides that if a governmental agency does not issue the necessary permits,the MWCC performance is delayed. In reference to Mr.Westley's remarks,..Mr.Sheldon said the City has a development agreement with the MWCC with the requirement that the:;o :problen$:**I be addressed; however, it is the consensus of opinion that the MWCC Board is not hkely:to discard inicineration as a method of disposal. Aye: 5 Nay: 0 Gustafson moved, Pawlenty se ionded,.::A:: notion to:;:send the letter outlined in Exhibit B to the Metropolitan Waste Control Commissioii:•.-Aye CONDITIONAL USE PERMIT/TOM THUMB STORES Mayor Egan introduced this item as:It::coitdit iaal�:iise.permit for Tom Thumb Stores to allow outdoor storage on Lot 1,Block 1,Bicentennial AddU`Cidn; located atiiuig:the south side of Yankee Doodle Road in the NE 1/4 of Sec 16. Director of Community:De■elopment Runts :asked that this item be continued to allow staff and the City Attorney's office the opportunity to research and d.e,Cine"outside storage." He said the City Code does not provide a definition of outside:.storage and suggested it be amended before consideration of this conditional use permit. 4 PAGE 7/EAGAN CITY COUNCIL MINUTES August 20, 1991 •"•• The Council recommended thaiiime thought also be given to the amount of sidewalk required to remain for walking if sidewalk storage isii.V.:qtr40...._..4:10:4034thq different standards should apply to applicants housed in free-standing buildings Pawienty moved,Wachter secozic.10,a motion to continue to the October 15,1991 regular City Council meeting the conditional use permit applica—tion for Tom Thumb Stores to allow outdoor storage on Lot 1,Block 1,Bicentennial Addition,and to direct staff to research and define"outdoor storage"for amendment to the City Code. Tim Wonzel, District Manager for Tom Thumb said they have done everything required under the present City Code in applying for a conditional use permit for outside storage and asked why it was necessary to continue this item. The Council pointed out that the interests of consistency, it is important to have a uniform definition of outside storage. M.e.:Wonzaksested that when studying outside storage,that staff also look at: grocery carts,pop machines,and paper vending boxes. After further discussion,it was determined that no enforcement of outside storage restru:ticm*.W:tAkerplar4:gqii a decision is made on an amendment to the ordinance. Aye: 5 Nay: 0 ORDINANCE AMENDMENT/EVEN YEAR ELECTIONS • Mayor Egan introduced this item as.mi:Amendmiiit• to the ordinance for even year elections,City Code Chapter 2,Section 215. City Hedges year elections are being proposed as a cost savings to the City and no terms are being extended by thiiaiff44:::.II*Fe is no gain or benefit to any member of the City Council by this change. There was no public The City Council noted that there would be election cost savings as well as the savings in staff time. Concerns were expressed regarding the possible negative effects on local elections but was considered worth trying. Councilmember Pawlenty said the Council may wish to consider forming a Charter Commission to study issues such as this in the future. Pawlenty moved,McCrea seconded,i motion to an amendment to City Code Chapter 2,Section 2.15, authorizing even year elections for:Cify officei.:::.:Aye: 5 Nay: 0 ... .. . . PRETTYMAN HEIGHTS/DECLARATION OF DEFAULT After introduction by Mayor Egan,City Administrator Hedges said that staff had anticipated receiving a check from the developer of Prettyman Nogii#0•:::49.1yever, it had not been received. It was staffs recommendation that the City Council prot:#4.iiiiilf:**4ration of default. Pawlenty moved, McCrea secondeW a motion to de4ie the development of the Prettyman Heights Addition in default and authorize the liquidation of the financial.:pecurity and initiation of appropriate action to secure compliance with the development:*tract. 4ye:....5...Nogi:0 ■ PAGE 8/EAGAN CITY COUNCIL MINUTES August 20, 1991 tSISS coned ORDINANCE E M '% VIAL BITES McCrea moved,Wachter seconde ,:a motion to approve an ordinance amendment to City Code Chapter 10,entitled"Public Protection,Crimes&:Qfenses"by amending Section 10.11,Subdivision 14, regarding rabies control; and by adopting by reference Eagan City Code Chapter 1 and Section 2.99. Aye: 5 Nay: 0 CONSIDER PETITION REQUEST STOP SIGNS Mayor Egan introduced this item::as consideration of a petition request for stop signs on Turquoise Trail at the intersection of East Beryl Road an Serpenti ie Drive and their installation. City Administrator Hedges said a petition had been received from property owners on Turquoise Trail and their request had been reviewed and evaluated by both the Public Works Depar trnent;aad.PAli•;.Department. Director of Public Works Colbert said installation of stop signs at these locafton .:was_;evaluate,however, neither met the necessary criteria. City Councilmember McCrea suggested a more lenient view of stop sign placement on this street because of the large number of petitioners and the number of children and day care homes on Turquoise Drive. Councilmember Gustafson cited the hazards involved with placing a stop sign at an intersection that does not warrant one; however, said he would support a stop sign at.Serpentine and Turquoise Drives. There is a significant amount of traffic on Turquoise and while tbe'e::doi't seem to be an inordinate amount of traffic coming onto Turquoise at East Beryl,the amount:of:tra€fic:Ctsming off Serpentine may present a unique situation and justify a stop sign. Councilmember GySt fson i ientionsd that there are directional and informational signs on this street that are presently obscured:by overhanging ranches and brush, and recommended that staff see to their visibility. Because of the heavy traffic on Turquoise and the'lafge.:i amber of vehicles coming into its intersection at Serpentine, Gustafson moved, Wachter seconded, a motion to approve the installation of a stop sign on Turquoise Trail at the intersection of Serpentine Drive. (The stop sign at East Beryl and Turquoise was not approved). Rick Johnson,1932 Turquoise Trail,thanked the City Council for the stop sign and then asked that they consider a stop sign at Pumice and Turquoise:.:it:some tim .10 Elie future. Aye: 5 Nay: 0 TEMPORARY.SSIGN REQUEST Gustafson moved, Wachter secaaiied;'a'moiiiti:to'Approve a temporary sign request for Maurer Construction to place two, 4' X 4' Parade Home signs at the quadrants of Wescott and Elrene Roads and Yankee Doodle and Elrene Roads with their removal to be no later than October 1, 1991. Aye: 5 Nay: 0 VARIANCE/JOE MIIA: R CONSTRUCTION After introductions by Mayor Egan 'City Admin stt for Hedges,Community Development Director Runkle said the developer had requested,;:4intinuance at the:last City Council meeting in order to conduct a neighborhood meeting. Brian Olson of Joe Miller Constt on:sai:a: erg 1041�000d meeting had been held on August 19 at which time the neighbors'concerns were in the audience to address this issue. 1 PAGE 9/EAGAN CITY COUNCIL MINUTES August 20, 1991 Because of the steep slope aad: ibnd in the rear portion of the lots, Gustafson moved, Wachter • seconded, a motion to approve the variances of 10'.to.the.required 30'front yard setback for Lots 4,5, and 6, Block 4, Sunrise Hills Addition. Aye: WAIVER OF PLAT/BARBARA SHIELDS Mayor Egan introduced this item as a waiver of plat for Barbara Shields, and Lot Width Variance to Allow a Tax Parcel Separation on Lot 2 and 3,Block 1,Tara Court Located Along the South Side of Lone Oak Road East of Pilot Knob Road in the NW 1/4 of Section 10. Community Development Director Runkle said that the property owner had originally planned to subdivide this property but had decided there would be no further subdivision. Gustafson moved, Pawlenty seconded, a motion to approve a waiver of plat application for Barbara Shields for Lots 2 and 3, Block 1,Tara C urt Additi , subject to the following conditions: 1. A variance to allow the:lot widt .o tiii:Ut: . 2. No other access points on to Lone Oak Road. 3. A recording of the waiver of plat within 60 days of Council action with verification to the City. 4. A required 30'drainage and utility easement:fo *he existing sanitary sewer. Said easement has a bearing of south 68 degrees,43.mitixites 39•seconds west. 5. A recording of a lot co>iiliiiiation Agreern pt to combine that portion of the split of Lot 3 with Lot 2 for tax purposes. Aye: 5 Nay: 0 • LEMBKE TRUCKING COMPANY/CONDITIONAL USE PERMIT STATUS Mayor Egan introduced this item as a review of the status of the Lembke Trucking Company's conditional use permit. City Administrator Hedges said that a settlement agreement had been reached with Mr. Lembke in 1986; however, staff had been mo toting a. ber of violations. Mr. Hedges said that the City Attorney's office was proposing that the C tybegin an ac on ag st Mr.Lembke for violation of the 1986 order and distributed a memorandum from that:•office outtiOig recommendations for Council action. Pawlenty moved, Gustafson seconded, a mo*on to authorize the following courses of action: 1. Authorize the City Attorney's is 4 liriti iiu ei ion in District Court seeking: a)the$100.00 per day damages for violation of the conditions pursuant to paragraph 3 of the 1986 Order, and b) temporary and permanent injunctions preventing Mr.Lembke from operating his trucking company without complying with the conditions listed in Exhibit A to the 1986 Order. 2. Commence proceedings to revoke W;: t '•s:eonditional use permit that was reinstated pursuant to the 1986 Order. This process requires pigific i..a iqg:::To provide proper notice for that hearing, the Council hereby sets the public hearing for 16, 1991,during its regularly scheduled meeting. Aye: 5 Nay: 0 � l PAGE 10/EAGAN CITY COUNCIL MINUTES August 20, 1991 RESCHEDUWS•PPI4:07f.:.c.pIlNCIL MEETING Pawlenty moved, Gustafson seo?pded, a motion to cancel the August 27, 1991, special City Council meeting and schedule September 3, 19914t 6:00 p.m. and September 10, 1991, at 5:00 p.m. as special City Council meeting dates. Aye: 5 Nay: O....." -PIRCRAM: Wachter moved,Egan seconded, :motion to approve the checklist of August 20, 1991,in the amount of S993,250.90. •:•:•:•:. •.•.•.-. •••••••• •.•.-.•. •••••••• ...:.:::- ExEctiryg.gSPON/AAJPA.JRNmENT•The City Council adjourned session to consider attorney/client privileged information at 9:15 p.m. Those in attendance were Mayor Egan,Councilmembers Gustafson,McCrea, Pawlenty and Wachter, City Administrator Hedges, Director of Public Works Colbert, and City Attorneys Sheldon and Wilcox. The executive session was adjourned at approximately 10:00 p.m. KF .....MY:OF EAGAN • ...:*•.•••••••••.::::::•:••••• • E.J VanOverbeke, City Clerk •.•.•.•.. ...-.•.• .•.•.-.-....•.-.-...•.-.•.-.•.•...•.•...•...•.-.-...- -...-:•:•:•:-:•:-::::::::•-•••••••••••••••••••••••••••••••• EXHIBIT A RESOLUTION STATING THE POSITION OF THE CITY OF EAGAN • REGARDING AIR EMISSION PERMIT NO. 879A-91-OT-2 FOR THE SENECA WASTEWATER TREATMENT PLANT WHEREAS, the City Council of the City of Eagan is the official governing body of the City of Eagan ("City") ; and WHEREAS, the Seneca Wastewater Treatment Plant ("Seneca") is located within the City of Eagan; and • WHEREAS, the Metropolitan Waste Control Commission ("Commission") , as the owner/operator of Seneca, is currently constructing an expansion and upgrade of Seneca, including incinerator and odor control improvements; and WHEREAS, the City and the Commission entered into a Development Agreement on March 2, 1989 pertaining to the Seneca expansion and upgrade project; and WHEREAS, the City and the Commission have had ongoing negotiations since that time to ensure that activities and operations at Seneca are not detrimental to the City, its residents and the environment; and WHEREAS, the Commission has applied for an air emission permit from the Minnesota Pollution Control Agency ("Agency") to construct and operate improvements to Seneca; and WHEREAS, the Agency released for public comment draft Air Emission Permit No. 879A-91-0T-2 for Seneca in June 1991; and WHEREAS, the City reviewed this permit and commented in a letter to the Agency dated August 2, 1991; and WHEREAS, the City has been informed by the Agency that two parties have each requested a contested case hearing on this permit; and WHEREAS, these requests for a contested case hearing effectively delay issuance of the permit and therefore delay construction and operation of improvements to Seneca; and WHEREAS, based upon the City's review of the air emission permit and the record established by the Seneca Plant Development Agreement and ongoing negotiations between the City and the Commission, the City Council of the City of Eagan finds the following: 1. Air Emission Permit No. 879A-91-OT-2 is in compliance with all applicable Minnesota and federal statutes, federal regulations and Minnesota rules. 2. Expedient installation of odor control and air emission improvements at Seneca is in the best interests of the City and its residents. 3. The requests for a contested case hearing on Air Emission Permit No. 879A-91-OT-2 do not represent the best interests of the City and its residents, and delay issuance of said permit. 4. The delay in issuance of Air Emission Permit No. 879A-91-OT-2 effectively delays installation of odor control and air emission improvements at Seneca. 5. The delay in installation of odor control and air emission improvements places an unwarranted burden on the City and its residents of the potential for additional months, if not years, of unimproved incinerator odors and air emissions from Seneca. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGAN IN REGULAR MEETING ASSEMBLED, that the City hereby respectfully requests the Citizens Board of the Minnesota Pollution Control. Agency to deny the requests for a contested case hearing on Air Emission Permit No. 879A-91-OT-2 and to approve issuance of said permit in an expedient manner to facilitate completion of needed improvements to the Seneca Wastewater Treatment Plant. Passed and adopted this 2O14 day of t� 4� 1 , 1991. TY OF E•GAN homas A. Ega TS: Mayor ATTEST: BY: .J. VanOverbeke IT Clerk • �" •.1 EXHIBIT B _city of ccigan 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN,MINNESOTA 55122-1897 Mayor PHONE:(612)454-8100 DAVID K.GUSTAFSON FAX(672)454.8363 PAPA McCREA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES City Administrator August 20, 1991 EUGENE VAN OVERBEKE City Clerk Charles W. Williams, Commissioner Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, Minnesota 55155 RE: Air Emission Permit No. 879A-91-OT-2 Dear Commissioner Williams: The City of Eagan has been informed that two parties have each requested a contested case hearing on Air Emission Permit No. 879A- 91-OT-2 for the Seneca Wastewater Treatment Plant located in Eagan. This letter is to inform you that these requests do not represent the best interests of, and may in effect place an unwarranted burden on, the City and its residents. The City commented on this air emission permit in a letter to the Agency dated August 2, 1991. Briefly, these comments stated that the City found the permit to be very thorough and in compliance with all applicable state and federal regulations. This comment letter also noted the need for the City and the Metroplitan Waste Control Commission (MWCC) to establish and agree upon certain dates contained in the construction schedule within the permit. However, the City stated in the letter that .the permit should be issued in a timely manner, and that the construction schedule dates would be worked out between the City and the MWCC. As you may be aware, the City and the MWCC entered into a Development Agreement on March 2, 1989 pertaining to the Seneca Plant expansion and upgrade. Since that time, the City and the MWCC have had ongoing negotiations to ensure that activities and operations at the Seneca Plant are not detrimental to the City, its residents and the environment. We believe that the contested case hearing requests are not in the best interests of the City, and the delay created by the requests effectively delays installation and operation of incinerator and other odor and air emission improvements. This delay in THE LONE OAK TREE...THE SYMBOLOF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Commissioner Williams August 20, 1991 Page 2 improvements creates a hardship for the City and its residents because of the potential for additional months, if not years, of unimproved incinerator odors and air emissions at the Seneca Plant. As such, the Eagan City Council has adopted the enclosed resolution requesting that the Minnesota Pollution Control Agency deny the requests for a contested case hearing and approve issuance of the air emission permit for the Seneca Plant. Thank you for your consideration of this request. Sincerely, Thomas A. Egan Mayor Enclosure cc: Lisa J. Thorvig, Chief, Air Quality Division Lori A. Bartels, Air Quality Division CITY OF EAGAN AMUSEMENT DEVICES FEES PER LOCATION 3830 PILOT KNOB ROAD APPLICATION FOR LICENSE 1-3 MACHINES$25 EACH EAGAN, MN 55122 4-15 MACHINES $200 > 15 MACHINES $400 1. Name of Applicant 11)/9L L Y 4/(/i21Ci) E 11191•1EK First Middle Last Res. Address /S 7C 9 /u//n n'lE k/ or , i/I L iJ/9U, if /z7/✓ 5 51. Street City State Zip 2. Business Address SP/VP Street City State Zip 3. Home Phone el-3J- 6'93`? Business Phone S/9/7)6 4. Date of Birth 9`a S;Z Place of Birth Fp/no/Ur-o/d/ fi LTI3- 5. Type of License: Individual Partnership Corporation t/ 6. If Partnership or Corporation list name, title, home address and phone, date of birth, place of birth, of each partner, officer and director. fEfLPY , mL• (,561774 its fri/orL) 7. Licensed Establishment PC if Pi))ij%t;S i'&C',V c /7)1 i/I0%S C i' Name Street !qv /)!Ii, ...:)..sr;,( Phone_ // `— L '%-/-' City State Zip 8. Description of Business: t'1..(_; .1='/,/'7 I _ 111-1.711.? i 9. Name and Address of owner of premises where device is to be operated_.i dip A-/'/;,ji!,G 10. Name and Address of owner of device(s): A'/L!.. '; p In Cl' t <,r.,.,,; 4.S /) 11. Have you ever been arrested or convicted of any crime or misdemeanor, other than a traffic offense: Yes No 1/ 12. For Amusement Device License (Continue list on separate sheet if necessary): # Description Name of Manufacturer Ser.# Ete r!74'r�<. is it., 0 ,"ei i r ii',r. iy45'] '1 S rig 39 cgs ` FOR CITY USE: Police Approval: /`7-C�CtI .-Q Li Dated: d '43— q PP Z ' At signed y,,,.,- City Council: Dated signed $50.00 Investigation Fee CITY OF EAGAN Date $25.00 License Fee APPLICATION FOR SHOWS LICENSE [Shows: public show, movie, caravan, circus, carnival, exhibition, theater] 1, Mitchell W. Knoll , hereby make application [or a public show name type of show license from the City of Eagan, which will take place on Oct. 1 to Nov. 5 , 91 during the hours of dates 6 : 30pm to 12 Rh Appllo , Eagan . The purpose of the event hours location is Haunted Hayrides familiy fun • I represent Autumn Inc. dba Haunted Hayrides tm name of organization 1460 Diffley Road , Eagan Mn. 683-0896 address phone • Names and addresses of corporation officers: Mitchell W. Knoll C.E.O. 1460 Diffley Road 683-0896 name address phone Thomas M. Newhouse C.F.O. 722-5337 name address phone name address phone name address phone Person in charge of event: Knoll Mitchell William last name fast name middle name 1460 Diffley Road Eagan, Mn. 683-0896 address phone 08-30-57 477-72-2056 birthdate social security number MAKE CHECK PAYABLE TO: CITY OF EAGAN. Licenses are issued for a specific period and will be issued to qualified individuals or firms only. Failure to provide true and correct information shall constitute a violation of the ordinance in question and in addition to penalties, the license of any applicant may be revoked. FOR CITY USE ONLY: Police Approval Date City Clerk Approval Date 491 I i CITY OF EAGAN BUSINESS SOLICITATION LICENSE THE APPLICATION FORM MUST BE (FOR PROFIT) PROPERLY COMPLETED OR IT WILL NOT BE PROCESSED. BUSINESS NAME: Autumn Inc. dba Haunted hayriNESS PHONE: 683-089 687-0000 LOCATION OF SALES: Appolo un (ADDRESS) (DOOR-TO-DOOR) NAME & DESCRIPTION OF PRODUCT: T-shirts ,Novelty items VEHICLE USED FOR THIS BUSINESS: (IF MORE THAN ONE LIST SEPARATELY) Corsica 88 Chev. 88 026-dnx MAKE MODEL YEAR STATE LICENSE NUMBER LENGTH OF TIME REQUIRED IN CITY: Oct. 1 to Nov. 5 1991 r DATES OF ACTIVITY IN CITY FROM: TO: OTHER COMMUNITIES WHERE SAME PERMIT WAS ISSUED: Eagan Have you ever been convicted of a felony, gross misdemeanor, or misdemeanor, including violation of a municipal ordinance but excluding traffic violations? No X Yes If Yes, explain on the reverse side, the date and place of conviction and the nature of the offense. ATTACH A COMPLETE LIST OF ALL SOLICITORS,INCLUDING EACH PERSON'S FULL NAME (FIRST,MIDDLE,IASI)ADDRESS (STREET,CTTY,STATE,ZIP,PHONE NUMBER, AND DATE OF BIRTH) ORDINANCE ALLOWS A FIVE-DAY (BUSINESS DAY) WAITING PERIOD BETWEEN THE APPLICATION AND APPROVAL OF REGISTRATION DURING WHICH TIME THE POLICE SHALL MAKE AN INVESTIGATION OF THE APPLICANT. THE REGISTRATION MAY BE EFFECTIVE WHEN THE FOREGOING INVESTIGATION 1S COMPLETED OR WITHIN FIVE BUSINESS DAYS OF APPLICATION, WHICHEVER IS EARLIER. I SWEAR AND ATTEST TO THE FACT THAT THE.PRECEDING INFORMATION IS TRUE AND CORRECT, TO THE BEST OF MY KNOWLEDGE. I ALSO GIVE MY PERMISSION TO INVESTIGATE ANY OR ALL OF THE PERSONS LISTED, AS DEEMED NECESSARY BY THE CITY. 6- Jun 1 1991 / SIGNATURE OF APPLI DATE POLICE APPROVAL DATE OFFICE OF THE CITY CLERK APPROVAL DATE CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN 55122-1897 454-8100 FEES: $50 Investigation Fee (Non-Refundable) $25 License for up to three solicitors THE APPLICATION FORM MUST BE $ 5 For each additional solicitor PROPERLY COMPLETED OR IT WILL NOT BE PROCESSED. LICENSE GOOD FOR UP TO ONE YEAR CITY OF EAGAN BUSINESS SOLICITATION LICENSE (FOR PROFIT) APPLICANTS NAME: Mitchell W. Knoll (first) (middle) (last) LOCAL ADDRESS: 1460 Diffley Road Eagan Mn . 55122 (street) (city&state) (zip) HOME PHONE: 683-0896 BUSINESS PHONE: 370-5975 wk. BIRHTDATE: 08-30-57 SOCIAL SECURITY NO.: 477-72-2056 DRIVER'S LIC. NO. k-540-603-887-675 MN. (state) APPLICANTS CURRENT AND PREVIOUS ADDRESSES FOR THREE YEARS PRECEDING THE DATE OF APPLICATION: STREET CITY/STATE/ZIP FROM TO sam` as above PRESENT APPLICANTS CURRENT AND PREVIOUS OCCUPATIONS FOR THREE YEARS PRECEDING THE DATE OF APPLICATION: OCCUPATION FROM TO Target — Store planning lulu 85 PRESENT NAMES AND ADDRESSES OF APPLICANTS EMPLOYERS, IF ANY, FOR THE THREE YEARS PRECEDING THE DATE OF APPLICATION: (1) FIRM NAME STREET FROM SUPERVISOR CITY STATE ZIP PHONE TO (2) FIRM NAME STREET FROM SUPERVISOR CITY STATE ZIP PHONE TO FOUR CHARM,1 ER REFERENCES (IF APPLICANT HAS NOT RESIDED IN THE CITY FOR TWO YEARS IMMEDIATELY PRECEDING DATE OF APPLICATION): NAME STREET. CITY & STATE A/C TELEPHONE NO. H AU NTED • 1IAYRIDES TO: Elizabeth Witt City Of Eagan 3830 Pilot Knob Road. Eagan, Mn. 55122 Re: Enclosed Shows Licence/Solicitation Applications The enclosed 4ppl ication includes p lot map of new location on Apollo Drive in Eagan. This location includes altar parking area on site,we hope this will eliminate the traffic problem on Lexington . Sincerely, Mitchell W. Knoll C.E.O. Autumn Inc. 111;() N1inn(',nl;l 55122 ( (112) (1S:1 O881(1 ((112) (187-(1000 • i • U\ • 4 C)'. • 1 • 4 7,.....; +11° 11'' � ' ' '• rii : . •. ,‘,. ., . : , .. . ‘ .�•I '•;'' ` 11 '1 • • Il,1 UNTED Aufumn lnc.1 ' •`+ i 1;` Rt.. •S 01-•tNo TJ • (i t Mltehell Knoll }+ I' `} \. \ -J1 I a .. �.� y � ' 1460 DIRIey Rd.I a v : t T. �± tn. i — l Eagan,MN 66122.1608 L, 1 •e. '•' -,1 : •`. �'toc rftal\US laSo R_b� _. _ '�ii�, (612)687.0000 te.er, 1... •---V ‘• i ?>'.1.` f ` 1� `+1 HAYRIDES (112)133.0696 OMe.! \,:1 g i \ & iid - 1 , 1,, I 1, %, IP •• ' 1 I.?) k‘\.. 't:.;,, \ .:ft!, .1..1 i ' V '%\'. 0 i 1 , • • t. 4,4 1 ♦ . 1 r , r • i►r• ‘.,2.-.÷.„LI • ,1 .4 /` 1 M`{w i �1 1111L,1+ ` 1 SS•3 f+ • 1/1,' .:%• --`.,, , � � 1 •. , ., R. ` , ,b• .�' , X11+`I'�+ .�`% ::;..♦:'`•`,.�'+' ,� ', I l •.+%\\ ��` • • �. _ •.. •1` %' ' ,• • ' . + , - •' {• • + , •�, • ' • . + ♦•'S S+ '+:'ti..... f . •.. ' 1 I- i/ • , I ;•`, . s , , 1 : •� 1 •+• ;r�•r +• i +i - _ I 1 . , ,( i 1 1 1 1 + 1 `� i ,� • I I ,`I I;; •It•. , r • .•• i I • , •A • . • • Ir "• r/r, ':M•i �i///+11 +.+ VI.• '. C '20:.• I 2 Z ::(1_./.1:i! i lJ:t}�: r •R' 1 R in t�� ' i Z d B ; -' �' v — a k g F). . • yL 'r.U- ,. _ *M.', INIti. . .1%)))1‘.*444 1 ...4= s 3_I , 36 i -- --- ii i ilk: ...,...,...111...... 1 iliiilli 10111 - I 1 -6. i iE 1 IMF - / -. .....- _m ; ,,,...:4,-, iv, ' N ;ELK M�+I L. ® ��• 6 • L � *� K AD : ' \ t / : ! CDUArM ! .\ ................z....7(net a / t o EE MAP SO • - - - _1--- OA --- ;Ti GA-B l PTlo*J rE i ___ ---- , 7 1°q I Fr u 1 Ili. u 17,T 1 illibmas,-/l -eICIRT■ • SCSI N La / rr••K•Hill• Mi. 1 • Ott 3 Golf C.0... mama I • S •• t I 4 tSMOG,l• <o..M. s a .'. ' 8 i + +smart �l/ g a , `, - - HAUNTED Autumn, Inc. rini . Mitchell Knoll 1460 Diffley Rd. Eagan,MN 55122-1608 --:--.'5'7:-...... (612)687-0000 Reservations HAYRIDES (612) 683-0896()Mee re , 11 r, police department 0=i tt 1,.4 :i. '•'L - PATRICK J.GEAGAN �� Chief of Police 111114 city of aagan KEN raNETH D.ASZMANN Ovevo Cdv[aln 3830 Pilot Knob Road THOMAS EGAN Eagan, Minnesota 55122 Mayor Phone: (612)454-3900 FAX: (612)454-0718 DAVID K. SON PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Counc„Members THOMAS HEDGES City Administrator • EUGENE VAN OVERBEKE City Clerk DATE: August 28, 1991 TO: CHIEF PATRICK GEAGAN FROM: LIEUTENANT JERRY MESZAROS RE: BUSINESS SOLICITATION LICENSE FOR HAUNTED HAYRIDES I have looked over the site for the hayrides, the old Donaldson Company property on Apollo Road. There is a 320 car paved parking lot that will expedite getting the cars off the street. There are two entrances into the parking lot, plus the incoming cars will have Lunar Lane and Neil Armstrong Boulevard to enter and exit onto Lone Oak. I do not feel there will be any major traffic problems like we had experienced when they were located off Lexington Avenue. The area for the hayrides will be fenced off with a field fence and the property will be posted "No Trespassing. " There will be a security shack in the parking lot. Ranger Security Company will be doing the security work. I have talked to Mr. Charlie Veach of Ranger Security. He stated there will be two security guards on weekdays and three guards on weekends. The guards will have two-way radios to talk to their base, who can then call us if need be. Both Mr. Knoll and Mr. Veach feel that the added security over last year will be adequate to handle any problems like they had last year. Conclusion: After reviewing the site and the security information, I find no reason to deny the issuance of the business solicitation license. h 4? Lieutenant err Mesz ros JM/bk THE LONE OAK TREE. ..THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY / Equal Opportunity/Affirmative Action Employer N _Application/Investigation Fee ($300. 00) CITY OF EAGAN PERMIT FEE: 3830 Pilot Knob Road Annual $300 - can be pro-rated Eagan, MN 55122-1897 Single Event $50 612-454-8100 DANCE HALL PERMIT APPLICATION (please print) Applicant Name: 5Tcuc%15 j r),„ ,,,k, 1 HArolci _ 7-15'- `i3 last first middle date of birth Address: zoo 6r.'c.taw p+pL.s PAM SS-405 1.?Yo D vc k wood 6 N A A•� 11'1 3-1--I3/3 z DAY Q v"k' street city state zip Phone: Gge, - 0432- i71-5 ?d? business home I representD/e1A PA; .-y e7vte.,u uc £.AGAti / ' a_ et-- coNS,,1; p cr. i'ic. . committee, organization or orpo!bation alba F /31-0 A u-c.4i..,. .F 1,44..,-_, .S-ly"/'Z 3 4`d 6,-o‘3 z_ street city ' state zip phone Names and addresses of officers: name address phone D, 44,0 (d_ 5Te-oeaiS qa . Grove. lAN( • •∎Ft.s-' )114.4(__ fOt-472-7 name address phone name address phone name address phone I hereby apply for a dance hall permit for d`A D iy;,.1 Q uae,• of �"`" DANCE HALL Pr'-"1 4 �-4--3 il.fk-4--- 4 -&.t c :c.: 4.,...,p' °- address 13v 0. .it.u",-a f466rw )14A", s-sq - Y-6-- O6. Z street city state zip phone from - tfi t to —yam ��� month/year I month/years [NOTE: Permit renewals will be for the calendar ear. ] hours of operation "�`A&' 1- S to SINGLE EVENT on / for temporary permit month day year hours person in charge 5Tcue.u5 O,gA,N/ 14A read. 7-i5.-Y3 last T first middle date of birth address yoo � �e P...,...- -s-�o s 92/-5-72..7 stree city' state zip phone A PREMISES Are you the actual proprietor? `� Yes No Are you the owner of the property of the dance hall location? Yes - 'No Are any taxes, assessments or utility bills for the premises unpaid or delinquent? Yes/� No. If yes, give reason reason /V' A , IV G C G{�f Gt. ,Iv I2-e,Jv Area of premises where dance is to be held. l36c� G i 6.+..J1.-a �- mss. The structure where dance is held must be properly ventilated and equipped with necessary toilets, washrooms and lighting facilities. The dance site must be brightly illuminated while in public use. REFERENCES: Name, residence address, business address and telephone numbers of three persons, residents of Twin City Metropolitan area or your former community of residence, of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character. Name `� last firt (huddle Residence Address 'loc, city (' K14,1 )1t..„ �5,/ci 3 557/-.5 92-7 street state zip phone Business Address / ./ )14.42,1, 4.0 Lt�, SsyYU S Yc -a.S 22 street city / state zip phone Name LE4..✓-- t•.) A last first middle R esidence bos- 67$4.- Address !ov ►Jtt £J-y. ' - ....¢ 1 1144,_ SSy► �( 375-5- 377 street city State zip phone Business Address 3�'1s— `aS -.ho . 64-VVA-Z711.-0""14._ ilt.l,,_ C 'PI3 5124'-T-SS-g street city state zip phone Name arv-_, L% .1.4,, - IJ last first middle Residence Address (oci 2-s— 9"4.4x-.4.4..-a-,-4-X0 IRA"- 5 3-`!2g 56 t-P,03.1 street city state zip phone Business Address street city state zip phone I, the undersigned, am a person of good moral character and reputation in the community. I have not been convicted of a felony or gross misdemeanor in the past five years, nor of any provisions of this ordinance or a similar law. All information provided on this application is true and correct. I am responsible for the conduct of the dance hall and for the acts of its employees. C-st ) 4„.„.4,9 tr. --.-,-, 4, 1,-(.1 1 or SIGNATURE DATE ***************************************************************************** Police Approval y Yes No s atu 1116 date City Council Approval Yes No signature date • police .department • PATRICK J.GEAGAN Chief of Poise " city of Cagan KENNETH D AS ZMANN Ooerat•r .,otam 3830 Pilot Knob Road Eagan, Minnesota 55122 THOM yyor EGAN Phone: (612)454-3900 FAX: (612)454-0718 DAVID K.GUSTA FSON PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Members August 22, 1991 THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk TO: CHIEF PAT GEAGAN FROM: LT. JERRY MESZAROS SUBJECT: DANCE MALL.,;-ERMIT FOR DANNY STEVENS D.B.A DAIRY QUEEN OF EAGAN I. INTRODUCTION The following is a police investigation/background investigation of Danny Stevens, owner of Dairy Queen of Eagan. II. PERMIT TYPE Mr. Stevens has applied for a dance hall permit. III. BUSINESS NAME Dairy Queen of Eagan - 1380 Duckwood Drive IV. LICENSE APPLICANT Mr. Danny Stevens is the new owner of the Dairy Queen on Duckwood Drive. Mr. Stevens has lived in the Twin Cities area all his life. He has owned a bar in Minneapolis and has been in the entertainment field, including having a rock band, for many years. Mr. Stevens told me that he was also half owner of the teenage dances that took place at Fuddruckers in St. Louis Park. He stated they quit having dances there because of problems with inner-city youths, but plan to start up again in the near future. He is also involved with the teenage dances in Edina at the Food Fair. There has not been any problems in Edina. Mr. Stevens stated that the Saturday night teenage dances are just a start. He hopes to have private birthday THE LONE OAK TREE. . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Danny Stevens August 22 , 1991 Page 2 parties and special events booked into the dance area all days of the week. He feels this will help the food and Dairy Queen sales. Mr. Stevens stated that he intends to cater to the kids south of the river including Eagan, Burnsville, Apple Valley, etc. He stated that he intends to keep the age limits to over 15 and under 21 years of age. Another rule he intends to enforce is that anyone who leaves the dance may not come back unless it's okay with the officer on duty and they will have to pay again. He stated that he will have a minimum of two officers working, along with a black bouncer. He stated he has learned from the other dance projects that a black bouncer handles the inner city kids a lot easier than the police officers. Mr. Stevens criminal record comes back clear, although he has had many encounters with the police. He explained that most of his contacts with the police were in his "wild" days and the fact that he had a problem with a couple of Minneapolis police officers. Mr. Stevens sued the city of St. Louis Park, several years ago, for refusing to issue him a liquor license. He is also suing the city of Minneapolis over a liquor license in Minneapolis. V. DANCE HALL AND FACILITIES I have observed the dance area of Dairy Queen. The restrooms and lighting facilities appear to be adequate. Since this building is so new, the mechanical equipment should adequately ventilate the premise. VI. REFERENCES Nancy Einan has known Danny for four years and states, "He is friendly, a hard worker, dedicated to his work, a non-drinker who enjoys working with teens,. no financial problems, no bad habits. He's a real nice guy." David Nelson has known Danny approximately ten years and states, "He's a real nice guy, knows an awful lot of people, has been in the entertainment field a long time, gets along well with and enjoys working with teenagers. He does not drink and doesn't have any financial problems that Dave is aware of." Danny Stevens August 22 , 1991 Page 3 VIII. CONCLUSION Based on the information available to me through my investigation of Mr. Danny Stevens, I find no reason to deny the issuance of a dance hall permit. However, because of problems arising at the dances in St. Louis Park, when Mr. Stevens was a part owner, I strongly encourage you to require off-duty officers to attend all dances per sub. 9 of the ordinance. t)1ti� /„'�//1 a,�-�r - Lt. .Nerdy Mesaros JM:cc