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01/07/1992 - City Council Regular v 1 AGENDA •GULAR MEETING FAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING JANUARY 7, 1992 6:30 P.M. p - ck ° 9-5-- L 6:30- ROLL CALL& PLEDGE OF ALLEGIANCE (BLUE) II. 6:35-ADOPT AGENDA&APPROVAL OF MINUTES (BLUE) III. 6:40-DARTS TRANSPORTATION/SOCIAL SERVICES PROGRAM IV. 6:45- DEPARTMENT HEAD BUSINESS (BLUE) V. 6:55-CONSENT AGENDA (PINK) p. 3 A. PERSONNEL ITEMS C B. PROJECT 590, Approve Special Assessments/Easement Acquisition Agreement (Pilot Knob Road - Parcel P 10-03300-011-75 ?. S C. PROJECT 627,Receive Petition/Authorize Feasability Report(Oak Cliff 6th Addition-Streets&Storm Sewer) 69 D. PROJECT 628, Receive Petition/Authorize Feasibility Report (Autumn Ridge 2nd Addition - Storm and Sanitary Sewer) p. (p E. PROJECT 473, Approve Special Assessment Settlement Agreement (Parcel 10-02200-011-85) F. PROJECT 626, Authorize Feasability Report & Detail Plans & Specifications (South Well Field Conversion) ,P \ G. LICENSE, Liquor Renewal, Greg Ward/The Liquor Shoppe, 4250 Lexington Avenue w H. CORRECTION to 1992 Fee Schedule \3 I. PROJECT 473, Special Assessment Settlement Agreement (Parcel 10-02200-012-85) I S J. AGREEMENT, Joint Powers (Street Sweeping & Striping) 1 r K. CONTRACT 90-16, Change Order #2/Woodlands North Addition - Streets & Utilities) 16 L. CONTRACT 90-16, Final Payment/Authorize Acceptance (Woodlands North Addition - Streets & Utilities) VI. 7:00- PUBLIC HEARINGS (SALMON) e n A. VACATE Drainage & Utility Easements (Lot 5, Block 2, Drexel Heights) I VII. OLD BUSINESS (ORCHID) P , A. CONSIDER Amendment to Consulting Engineers' Contracts (1992 Fee Schedule) VIII. NEW BUSINESS (TAN) 11 A. DIRECTION, Community Development Block Grant Application for 1992 �.3 0 B. MAC Part 150 Land Use Program Implementation Plan (gyp C. VARIANCE, Nordquist Sign Company, of 23' to the 27' Pylon Sign Maximum Height, Located North of Cliff Road and West of Nicols Road 113 D. CONDITIONAL USE PERMIT and Stables License,Diamond T Ranch,to Allow a Riding and Boarding Stable k in an AG (Agricultural) District on Parcel 011-75 Located Along the West Side of Pilot Knob Road, South of Cliff Road in the SE 1/4 of Sec 33 mil, E. CONDITIONAL USE PERMIT, Nitti Disposal, Inc.,to Allow Outdoor Storage in an U (Light Industrial) District on Lot 8, Block 1,Sibley Terminal Industrial Park Located West of Highway 13,North of Yankee Doodle Road in the SE 1/4 of Sec 8 IX. ADDMONAL ITEMS (GOLD) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 2, 1992 SUBJECT: AGENDA INFORMATION FOR THE JANUARY 7, 1992 CITY COUNCIL MEETING oNni OF OFFICE The Oath of Office will be administered to Thomas Egan as Mayor of the City of Eagan and to Pat Awada and Ted Wachter as City Councilmembers. These officials were duly elected in the November 5, 1991 Municipal Election. ADOpT AGENDA/APPROVE MINUTES After approval is given to the January 7, 1992 City Council agenda and the regular meeting minutes for the December 17, 1991 meeting, the following items are in order for consideration. BART'S TRANSPORTAT1ON/SOCIAL SERVICES PROGRAM PRESENTATION Mark Hoisser, Executive Director of DARTS has requested time on the Council agenda to make a presentation concerning DARTS'services. Mr.Hoisser's videotape presentation and comments are expected to take 15 to 20 minutes. A copy of Mr. Hoisser's request is enclosed on page for your information. This item is informative in nature and no action is anticipated on it at this time. 1 DARTsServing Seniors in Dakota County November 5, 1991 Eagan City Council Attn: Karen Finnegan Municipal Building 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Karen, Thank you for putting me on the Council calendar on-December-1T—, at 6:30 p.m. I will be presenting the overview of DARTS Transportation and Social Service Programs using the new DARTS slide/tape video. It is my understanding that I will be early on the agenda. I will be using your VCR and television set to show the video, which introduces new programs and features citizens of Dakota County as volunteers and clients of DARTS. The tape takes 10 minutes, and my introduction and comments will be no more than an additional 10 minutes. Sincerely, Mark Hoisser Executive Director Board of Directors Duncan Baird Jeannine Churchill Molly Park Thomas Oakes. Chairman Susan Bannick-Mohrland James Day Galen Pate President Millie Gignac. Vice Chairman Barbara Blumer Daniel Halsey Anne Thomson Richard J.Graham Ann Newman.Secretary Michael J.Bozivich William Lancaster Jean Waltz Jerry Chase. Treasurer George Cameron James Little Director Emeritus Executive Director James J.Amireault Jeroy Carlson Anne Miner-Pearson Walter E.Bertram Mark Hoisser 60 East Marie Avenue • West St. Paul, Minnesota 55118 • Phone (612) 455-1560 Agenda Information Memo January 7, 1992 City Council Meeting PONONT AGENDA There are eight (8) 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. Building Maintenance Worker--There were approximately 70 applications for this position. After screening of the information on the applications, 35 applicants were invited to the Eagan Municipal Center for written testing. Seven finalists were then invited for the interview. The interview panel consisted of Chief Building Official Reid, Assistant Chief Building Official Hanson (the position's supervisor) and Assistant to the City Administrator Duffy. It is their recommendation that Thomas Weber be hired as a building maintenance worker, subject to successful completion of the City's physical examination requirement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Thomas Weber as a building maintenance worker, subject to successful completion of the City's physical examination requirement. Item 2. Utility Maintenance Worker -- Because of the promotion of a utility maintenance worker to the position of utility supervisor, the City currently has a vacancy for a utility maintenance worker. After a thorough review of staffing needs, it is the recommendation of City Administrator Hedges, Director of Public Works. Colbert and Assistant to the City Administrator Duffy that the vacant position be filled. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the advertisement for a utility maintenance worker to fill the current vacancy. Item 3. 1992 Car Allowances/Compensation of Mileage--As the Council is aware, the City Administrator, Director of Finance and Director of Community Development receive a monthly car allowance because they must use their private vehicles extensively while traveling on City business. Traditionally,those car allowances have been increased annually by the same percentage the compensation for non-collective bargaining employees increased. For 1992, that amount would be 2.75%. Also, when other employees use their own vehicles on City business, the City traditionally pays the amount allowed by the Internal Revenue Service for mileage. For 1991, that amount was 27.5 cents. 3 Agenda Information Memo January 7, 1992 City Council Meeting • ACTION TO BE CONSIDERED ON THIS ITEM: To approve increasing the car allowances for the City Administrator, Director of Finance and Director of Community Development by 2.75% for calendar year 1992 and to approve increasing the amount paid for mileage in 1992 to 27.5 cents. Item 4. Police Collective Bargaining Agreement --This item is informational and no action is required on the part of the City Council. At the December 17, 1991 City Council meeting, the Council approved an offer for a two-year contract to the police collective bargaining group. That offer has been accepted by the police bargaining group. Basically, it calls for a 2% compensation increase in January of both 1992 and 1993 and a City contribution toward the employee plus dependent health insurance premium for those employees choosing such coverage of $274.58 in 1992 and $286.00 in 1993. Agenda Information Memo January 7, 1992, City Council Meeting APPROVE SPECIAL ASSMT/ESMT ACQUISITION AGMT (PILOT KNOB RD) B. Project 590, Approve Special Assessment/Easement Acquisition Agreement (Pilot Knob Road - Parcel 10-3300-011-75)--As a part of the Pilot Knob Road improvement from Rebecca Lane into Apple Valley, the City had to acquire a ponding easement from the Diamond T Ranch to accommodate the storm water runoff from this project. Simultaneously, the property owner questioned the zoning classification of the property in the pending assessment roll contained within the feasibility report presented at the public hearing held on May 17, 1990, approving this project. As a result of reviewing the special assessment concerns and negotiating the ponding easement acquisition, a special agreement has been prepared acceptable to both the property owner and City staff and is being recommended to the City Council for their ratification. Enclosed without page number is a copy of that agreement for Council's reference. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Special Assessment/Easement Acquisition Agreement for Project 590 (Pilot Knob Road) as it pertains to 10-03300-011-75 and authorize the Mayor and City Clerk to execute all related documents. RECEIVE PETITION/AUTHORIZE FEASIBILITY REPORT (OAK CLIFF 6TH ADDITION) C. Project 627, Receive Petition/Authorize Feasibility Report (Oak Cliff 6th Addition - Streets & Storm Sewer)--City staff has received a petition from the developer of the proposed Oak Cliff 6th Addition, which is a strip shopping center complex located on the southwest corner of Cliff and Slaters Road, requesting the City to prepare a feasibility report to provide for the required modifications to Cliff Road (County Road 32) as necessary to accommodate the right-in access from Cliff Road as well as the storm sewer and water quality pond construction required with this development. In signing the petition, the developer (Federal Land Company) has guaranteed all costs associated with this report preparation should the project not be approved as a result of the public hearing process. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize the preparation of a feasibility report for Project 627 (Oak Cliff 6th Addition - Streets & Storm Sewer). Agenda Information Memo January 7, 1992, City Council Meeting RECEIVE PETITION/AUTHORIZE FEASIBILITY REPORT (AUTUMN RIDGE 2ND ADDITION) D. Project 628, Receive Petition/Authorize Feasibility Report (Autumn Ridge 2nd Addition - Storm & Sanitary Sewer)--The staff has received a petition from the developer of the above-referenced subdivision requesting the City to extend sanitary and storm sewer facilities to the northern boundary of this proposed development. In signing the petition, the developer has guaranteed all costs associated with this feasibility report should the project not be approved as a result of the public hearing process. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize the feasibility report for Project 628 (Autumn Ridge 2nd Addition - Storm & Sanitary Sewer). APPROVE SPECIAL ASSMT SETTLEMENT AGMT (PILOT KNOB ROAD) E. Project 473,Approve Special Assessment Settlement Agreement(Parcel 10-02200-011- 85)--Project 473 provided for trunk storm sewer improvements to handle the runoff associated with the upgrading of Pilot Knob Road from I-35E south to Rebecca Lane. As a result of that final assessment hearing, the above-referenced property owner (Thomas Bergin) appealed the special assessments to District Court. As a result of that judicial review, a settlement agreeme t had been reached subject to ratification by formal Council action. Enclosed on page is a copy of the Resolution requiring Council approval in order for the Court Order to take effect. Enclosed without page number is a copy of the Stipulation and Court Order for the Council's reference. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Resolution regarding a Special Assessment Settlement Agreement for Project 473 (Pilot Knob Road - Trunk Storm Sewer) as it pertains to Parcel 10-02200-011-85 and authorize the Mayor and City Clerk to execute all related documents. RESOLUTION OF CITY OF EAGAN ADOPTING SETTLEMENT AGREEMENT WHEREAS, Thomas R. Bergin, Sr. and LeAnne D. Bergin are the owners of a parcel of land identified by PID No. 10-02200-011-85 ("Subject Property") ; and WHEREAS, on September 19, 1988, the Subject Property was assessed by the City of Eagan for trunk area storm sewer improvement as part of Public Improvement Project No. 473; and WHEREAS, Thomas R. Bergin, Sr. and LeAnne D. Bergin brought an action in District Court appealing the sum of the assessments known as Thomas R. Bergin, Sr. v. City of Eagan, Court File No. C0-90-7315; and WHEREAS, the parties have agreed to settle this dispute according to the terms described in the attached Stipulation for Settlement. NOW THEREFORE, BE IT RESOLVED, that the Eagan City Council hereby adopts the attached Stipulation for Settlement resolving the Bergin Assessment Appeal and authorizes the Mayor and City Clerk to execute the Stipulation on the City's behalf. CITY OF EAGAN By: Thomas A. Egan Its: Mayor Attest: By: E. J. VanOverbeke Its: City Clerk Agenda Information Memo January 7, 1992, City Council Meeting AUTHORIZE FEASIBILITY REPT & DETAILED PLANS/SPECS (SOUTH WELL FIELD WELL CONVERSION) F. Project 626, Authorize Feasibility Report & Detailed Plans/Specifications (South Well Field Well Conversion)--With the completion of the Cliff Road Water Treatment Facility, it now becomes necessary for the City to convert/modify the 6 existing wells within the south well field to make them compatible with the lower pressure head of pumping directly to the treatment plant in lieu of directly into the high pressure distribution system. This project is similar to the north well field conversion when the Coachman Road Treatment Plant was put into service in 1984. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the preparation of a feasibility report and detailed plans/specifications for Project 626 (South Well Field Well Conversion). Agenda Information Memo January 7, 1992 City Council Meeting LIQUOR LICENSE RENEWAL G. License, Liquor Renewal, The Liquor Shoppe--City Code Section 5.5 requires that all persons or businesses which sell liquor off-sale maintain a license for that purpose, such license to be renewed on at least an annual basis. An application for renewal has been received of The Liquor Shoppe at 4250 Lexington Avenue. A copy of the application is enclosed without page number for your review. There have been no changes in ownership or management since the previous approval of this license last year and the Police Department has identified no reason to deny it at this time. For an update in this regard, please refer to the Finance Department memorandum which is enclosed on page for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve an off-sale liquor license for The Liquor Shoppe located at 4250 Lexington Avenue as presented. • January 2, 1992 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: OFF SALE LIQUOR LICENSE RENEWAL FOR LIQUOR SHOPPES, INC. GREG WARD, OWNER In November, 1991, the City Council approved an off sale liquor license for Ralph Magnuson of Hillcrest Grocery, Inc. Mr. Magnuson had planned to purchase the Liquor Shoppe on Lexington Ave. The purchase was not completed. I informed Mr . Ward that he must submit a renewal application if he intended to operate the Liquor Shoppe in 1992. He has completed that process and the Council must approve or deny his application. ACTION REQUESTED: Approve or deny an off sale liquor license for Greg Ward and Liquor Shoppe, Inc . for 1992. \ O Agenda Information Memo January 7, 1992 City Council Meeting 1992 FEE SCHEDULE CORRECTION H. Correction to 1992 Fee Schedule--Enclosed on page 12.is a memorandum from the Finance Department noting two slight errors in the 1992 Fee Schedule approved at the December 17, 1991 City Council meeting. You will note that the corrections merely maintain rates at their 1991 levels. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the corrections of the 1992 Fee Schedule for water meters as presented. ■ MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEICE DATE: DECEMBER 24, 1991 SUBJECT: CORRECTION TO 1992 FEE SCHEDULE Upon additional review of the fee schedule that was presented to and approved by the City Council at their regular meeting held December 17, 1991, it has been determined that there are two errors on the price of water meters which are sold to the public. The 5/8" X 3/4" meter with copperhorn was listed at $90 and should be $95. The 3/4" meter with copperhorn was listed at $120 and should I be $135. The $95 and $135 rates were in effect for 1991. Consequently, after the correction there will be no change to the 1991 rates. It would be appropriate to have the City Council ratify the corrected rates so that the printed 1992 Fee Schedule is consistent with their action. \-) Financ Director/City Clerk EJV/vmd 1 ;I..** Agenda Information Memo January 7, 1992, City Council Meeting APPROVE SPECIAL ASSESSMENT AGMT (PILOT KNOB ROAD) I. Project 473,Approve Special Assessment Settlement Agreement(Parcel 10-02200-012- 86)--Project 473 provided for trunk storm sewer improvements to handle the runoff associated with the upgrading of Pilot Knob Road from I-35E south to Rebecca Lane. As a result of that final assessment hearing, the above-referenced property owner (Thomas Rooney) appealed the special assessments to District Court. As a result of that judicial review, a settlement agreement d been reached subject to ratification by formal Council action. Enclosed on page / 5 is a copy of the Resolution requiring Council approval in order for the Court Order to take effect. Enclosed without page number is a copy of the Stipulation and Court Order for the Council's reference. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Resolution regarding a Special Assessment Settlement Agreement for Project 473 (Pilot Knob Road - Trunk Storm Sewer) as it pertains to Parcel 10-02200-012-86 and authorize the Mayor and City Clerk to execute all related documents. Mk RESOLUTION OF CITY AGREEMENTEAGAN ADOPTING SET TLEMENT is the owner of a parcel of land with a WHEREAS, Thomas J. Rooney "Sub Property") ; Parcel Identification Number of 10-02200-012-86 ( and of Eagan the Subject Property was assessed by the City WHEREAS, part on September 19 , 1988 for trunk area storm sewer improvements as p of Public Improvement Project No. 473; and WHEREAS, Thomas J. Rooney brought kanwactionhin DistrictnCourt appealing the sum of the assessments City of Eagan, Court File No. C9-90-7314 ; and WHEREAS, the parties have agreed to settle thisodisputeeaccording to the terms described in the attached Stipulation Council hereby NOW THEREFORE, BE IT RESOLVED, that the Eagan City the hereby adopts the appeal dSauthorizes the MayoreandtCityoClerk to execute assessment appeal an the Stipulation on the City's behalf. CITY OF EAGAN By: Thomas A. Egan Its: Mayor ATTEST: By: E. J. VanOverbeke Its City Clerk AEI Agenda Information Memo January 7, 1992, City Council Meeting APPROVE JOINT POWERS AGMT (STREET SWEEPING & STIPING) J. Approve Joint Powers Agreement (Street Sweeping& Striping)--For the past three years, the cities of Eagan, Burnsville, Apple Valley, Lakeville, Rosemount and Farmington have combined their routine common street maintenance services into a singular Joint Powers Agreement for seal coating, street striping and street sweeping. Through the economies of scale theory, each community has been able to achieve a better unit price for these services by bidding them out collectively. The only exception pertains to sealcoating where the City of Eagan has been able to obtain better unit prices by bidding that maintenance work seperately outside of the Joint Powers Agreement. Therefore, staff is presenting the Joint Powers Agreement to the City Council for consideration of continuing the program through the 1992 season. This Joint Powers Agreement is identical to the previous agreements approved by the City Council and has been reviewed by the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1992 Street Maintenance Joint Powers Agreement as it pertains to street sweeping and striping and authorize the Mayor and City Clerk to execute all related documents. APPROVE CHANGE ORDER #2 (WOODLANDS NORTH ADDN) K. Contract 90-16, Approve Change Order #2 (Woodlands North Addition - Streets & Utilities)--Change Order #2 provides for the following items described as follows: Item #1: Subcut existing poor material and replace with select granular to facilitate early construction of Great Oaks Lane for Parade of Homes showing per developer's request. (Add $7,915) Item #2: Perform minor development grading of drainage swale to conform to overall development grading plan at developer's request. (Add $285) Item #3: Re-compact utility crossing performed by developer for telephone, gas, electric, etc. (Add $282.75) Item #4: Adjust existing storm sewer manholes within Great Oaks Lane previously constructed under Project 585 (West Publishing Trunk Storm Sewer). (Add $946.36) Item #5: Install conduit for a future electrical crossing to facilitate early street paving at the developer's request. (Add $683.50). Agenda Information Memo January 7, 1992, City Council Meeting Item K. Continued Item #6: Reconstruct existing catch basin at Trails End Road and Ivy Lane to facilitate new street construction. (Add $1,432.50) Jtem #7: Install 4"water services with gate valves to accommodate developer and home builders irrigation system. (Aded $2,156.32) Jtem #8: Delete portion of street and utility improvements required of due this contract.( Deduct inability to plat the 2nd phase within the time frames $169,339.31) of the All costs associated with this Change Order will be the financial responsibility of this Cha ge developer to be assessed with the final project cost. The total net adjustment Order results in a reduction of $155,737.88. A CONSIDERED THIS ITEM: p Change thonzerder Mayor Contract CTION 90-16 TO BE(Woodlands North Addition ON - Streets To& Utilities) and and City Clerk to execute all related documents. APPROVE FINAL PYMT/AUTHORIZE AC ADDITION) ANCE (WOODLANDS NORTH L. Contract 90-16, Approve Final Payment/Authorize Acceptance (Woodlands North Addition - Streets & Utilities)--All work associated with the above-referenced c and found has been completed, inspected by representatives of the Public Works Department to be in order for formal acceptance and release of final payment to the contractor. This contract provided for the installation of streets and utilities for this development located in the southwest corner of Elrene Road and Trails End Road (formally Kost Road). ACTION TO BE CONSIDERED ON THIS ITEM: To approve the fifth ano final payment for Contract 90-16 ( Woodlands North - Streets & Utilities) in the to Brown & Cris, Inc., and authorize the acceptance of the project for perpetual maintenance subject to appropriate warranty provisions. 1 T Agenda Information Memo January 7, 1992, City Council Meeting WRAC BEARINGS VACATION/DREXEL HEIGHTS. A. Vacate Drainage & Utility Easements (Lot 5, Block 2 - Drexel Heights)--On December 3, the City Council received a petition requesting a vacation of a portion of a utility easement located on the above-referenced lot and scheduled a public hearing to be held on January 7, 19 , to formally review any concerns associated with this request. Enclosed on page ' is the legal description and a sketch showing the location of the vacation rq quest. As of this date, staff has not received any objections to this proposed q vacation petition. The utility easement incorporates a deep sanitary sewer servicing several homes in the area. After review by the Public Works Department, City staff has no objections to this proposed vacation to accommodate the expansion of the existing deck to the house presently located on this lot. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of a portion of the utility easement as described over Lot 2, Block 5, Drexel Heights Addition and authorize the Mayor and City Clerk to execute all related documents. • n _ ISTING NOUSO 9f7.91. •••.,...„ 950.93 \\\\\\ I .9ez.13 1 4/ .. 1_l) I i 090 118, 9.00h 1'\� 9so CSI F / WOOD 111420 OK 40 1 • 1701.74 GM ON I / 46 X1.00 � �� - / Z i ' 496 �` 2 :i/ '". ....."4 1.1. sl?'00 4.1% 0 9 / ! it ' " ., 3p P 96003� o _« =••OO 1 90343�� • r 966.83 ' a I X11"�8 � • / 0 -`� . . z a o ' \\6' .4 s1P17°b(*l PROPOSED EASEMENT 00p ‘. 4- • h % 1'.L- / Ckt" VACATIONS )Jr w • V ∎?moo LOT � I o ! I 4, 960.,3 'N � �,o , is) 9�4�,� -Cr N 4 1".\ 1'� 2 c.3 0.o ��∎Q, N 4 0 j '�..0 CD � 2 \ . 1j , ` 4 / \ I J\ _ .bZ l�T3a —z��`[«Su t IO \ •. /N60c L_l) I •. l 990.03 ----, 1 '144.3 Description of easement to be vacated All that part of a platted 40.00 foot drainage and utility easement along the west line of Lot 2, Block 5, Drexel Heights Addition, Dakota County, Minnesota, that lies easterly of the following described line: Commencing at the most southerly corner of said Lot 2, thence N 64 ° 32 ' 31" E along the southeast line of said Lot 2 a distance of 44 . 30 feet, thence N 0° 24 ' 29" W along the east line of the said 40. 00 drainage and utility easement a distance of 90.00 feet to the 0' point of beginning of the line t described;59 41" E a distance0of 19" W a distance of 7.0 feet; thence N 18 22.00 feet and there terminating. l Agenda Information Memo January 7, 1992, City Council Meeting 3 ?Businss CONSIDER AMENDMENT TO CONSULTING ENGINEERS CONTRACT (1992 FEE SCHEDULE) A. Consider Amendment To Consulting Engineers Contract (1992 Fee Schedule)--On December 17, the City Council considered revised fee schedules as an amendment to the existing contract for consulting engineering services for the firms of Bonestroo, Rosene, Anderlik & Associates (BRAA) and Orr-Schelen-Mayeron & Associates (OSM). At that time, there was a question as to the difference in rates between the two firms. Subsequently, the item was continued until January 7 for staff to provide additional information regarding the rate structures between the various consulting firms. Enclosed on page a 0 is a table listing all the various classifications of employees that can be found on any one of the three regular consultants providing ongoing services to the City of Eagan. Also included is a copy of the City's fee schedule for comparable technical staff. Also enclosed on pages 2/ through c,2(0 is a memo from the Public Works Director providing additional background information pertaining to not only the intepretation of this fee schedule comparison, but also overall consulting services. The Public Works Director will be available to provide additional information and respond to questions as may be appropriate at the meeting on January 7. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny/continue the amendment to the consulting engineering contracts for BRAA and OSM as it pertains to the 1992 fee schedule. C)\ 1992 COMPARISON OF CONSULTING ENGINEERING FEES CLASSIFICATION BRAA OSM SEH CITY Public Private Range Average Comparable (1.3) *Good Until 4-1-92 Only Position Title Principal $77.75 $101.08 $101.25 $79.95 - $111.10 $95.00 -- Project Manager 67.50 87.75 - 61.90 - 102.35 82.00 580.00 Dept Head Sr. Registered Eng./Arch -- 83.25 -- -- -- Registered Engineer/Architect 58.50 76.05 73.15 -- -- 60.00 Asst City Eng Project Engineer/Architect 52.00 67.60 57.38 49.20 - 79.38 64.00 55.00 Dev/Design Eng Grad. Eng./Arch./Field Supr. 46.50 60.45 -- -- -- -- Eng./Arch./Planner/Surveyor -- 47.25 -- -- -- Design Eng./Arch./Planner -- -- 34.95 - 61.90 48.00 -- lead Technician -- -- 41.20 - 60.30 51.00 -- Senior Designer -- 67.50 -- -- -- Designer Level II -- 58.50 -- -- -- Designer Levet I -- 52.88 -- -- -- Senior Draftsperson 43.00 55.90 -- -- -- -- Senior Technician 43.00 55.90 47.25 38.15 - 51.55 44.85 45.00 Technician Level II -- 39.38 -- -- -- Technician 29.00 37.70 31.50 28.55 - 42.40 35.00 40.00 Associate Technician -- -- 24.60 - 32.30 28.50 30.00 Eng Aide . Word Processor 28.25 36.73 NC 24.60 - 35.50 30.00 NC Clerical 21.75 28.28 NC 20.65 - 35.50 28.00 NC Lead Project Representative -- 41.20 - 58.80 50.00 -- Sr. Project Representative -- -- 33.35 - 48.15 40.75 -- Project Representative -- -- 25.45 - 38.15 32.00 -- Survey Party Chief -- -- 35.70 - 56.35 46.00 -- Survey Assistant -- -- • 22.30 - 31.75 27.00 -- Construction Observer -- 54.83 -- -- -- 3-Person Survey Crew -- 107.50 -- -- 90.00 2-Person Survey Crew -- 88.15 -- -- 70.00 Mileage 0.31 NC 0.30 0.275 NC = No Charge/Covered In Other Rates -- = No Quote For Specific Classification . BRAA = Bonestroo, Rosene, Anderlik $ Assoc. OSM = Orr, Schelen, Mayeron & Assoc. SEH = Short, Elliott, Hendrickson, Inc. Lotus FeeCons • 0: "--C") MEMO TO: THOMAS L HEDGES, CITY ADMINISTRATOR FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: JANUARY 3, 1992 SUBJECT: SELECTION/EVALUATION OF CONSULTING ENGINEERING SERVICES 7EE SCHEDULE ANALYSIS, At the December 17 Council meeting, the Council continued consideration of approving the 1992 fee schedule for two of the City's three regular consultants (BRAA and OSM) requesting additional information regarding the apparent differences in their rate schedules. The third regular consulting firm's (SEH) annual fee schedule is usually not processed for consideration until March of every year for an implementation period of April 1 through March 31. However, for comparative purposes, their fee schedule was also included along with the City's rates as identified in the 1992 fee schedule of comparable positions. As can be seen from this table, out of 28 position classifications, there are only four that are similar to all three consultants. You will also notice that one firm (BRAA) has two different fee schedules depending upon whether the work is charged to a private developer's escrow account or performed for a City contract. Also, SEH's fee schedule provides a range depending upon the actual salary of the specific individual assigned to the project. Each firm prepares its position classification fee schedule incorporating all individuals within that firm. Many times, only a select few of these classifications are assigned to any of the City's projects. It should also be noted that certain classifications are not billed but are considered part of the support services provided by the firm covered by the overhead factor associated with their fee schedules. Obviously, each firm has a very unique and company specific billing procedure and format. Therefore, it is very difficult to perform any type of evaluation between consulting engineering firms based on their individualistic and unique fee schedule structures. PROJECT COST ANALYSIS Since the City staff was authorized to retain and use multiple consulting engineering firms in March of 1988, staff has tried to evaluate the technical expertise and experience of specific personnel and service availability as well as the estimated cost of services in assigning specific consulting firms to various public improvement contracts. Attached to this memo is a copy of a Consultant Work Order Request/Authorization Form that is sent to any potential consultant prior to formally authorizing them to A2 ' Page 2 proceed with a City contract. This form requests specific information that staff then uses in evaluating whether that particular firm would be appropriate or not. In addition, ongoing analyses are performed of various projects assigned to the individual consultants to evaluate the total engineering fees associated with each project and its relationship to the total contract costs. While one firm may have lower "rates" , their total cost on a specific project can sometimes exceed the costs for engineering services by another firm with higher rates for a comparable project. While it is recognized that no two projects are identical, there are certain similarities that can be used in helping to evaluate the performance of a firm in relationship to the total cost of services rather than the individual rate structure. Also, while some projects may be similar, other projects are very unique and complex, and higher engineering fees in relationship to the contract costs do not necessarily imply inefficiency by the consulting firm. Again, it is difficult to do an "apples to apples" comparison between consulting firms based on project costs alone. • EVALUATION PROCESS When the multiple consultant policy was approved in March of 1988, it was with the understanding that each firm would be retained for a minimum of three years with a re-solicitation evaluation process being performed after no more than five years. This three-year minimum was necessary to allow the new firms time to familiarize themselves with the community, our design and construction procedures and to re-organize their internal personnel to dedicate specific representatives that could work most effectively with City personnel. Since the spring of 1988, all three firms have changed their dedicated representatives through this refining process. Subsequently, at the completion of the 1992 construction season, it would be appropriate to perform an overall evaluation of consulting services to determine whether to continue the retention of any specific firm in relationship to soliciting proposals from new firms. I have been in contact with the City Engineers Association of Minnesota (CEAM) and the Consulting Engineering Council (CEC) to try to create a uniform consultant evaluation form for services rendered to be able to provide this evaluation in approximately one year. Presently, there has been no formal process established by any community including major municipalities such as Minneapolis and St. Paul. The best evaluation of which firm to use has to be performed on a project-by-project basis evaluating the personnel proposed to be committed to that particular job, as well as getting the consultant to identify an estimated cost for engineering services and then to 31\4.1 Page 3 evaluate the effectiveness of the firm and the individuals assigned to that project. Also enclosed with this memo is a copy of the various factors that were used in evaluating the multiple consultants who submitted proposals to provide serevices for the City of Eagan. As can be seen with this initial selection process, there is not a specific reference or weight given to the firm's specific fee schedule. It is based more on evaluating their ability to provide qualified technical engineering services as may be required by any specific project. SUMMARY While this memo is not meant to provide an evaluation of any particular consulting engineering firm, it does provide additional information to the complexities involved with providing professional design services. One objective is to de-emphasize the importance of retaining and/or selecting any particular consulting engineering firm based on its fee schedule alone. The increases of the rates of those positions most usually associated with the City of Eagan are in the range of 2-4%. Subsequently, I would recommend that the City Council approve the 1992 fee schedule for the consulting firms as proposed. (7-Gtd11&60 ide4,14— Director of Public Works TAC/jj cc: Mike Foertsch, Assistant City Engineer Enclosures 1992 COMPARISON OF CONSULTING ENGINEERING FEES CLASSIFICATION BRAA OSM SEH CITY Public Private Range Average Comparable (1.3) *Good Until 4-1-92 Only Position Title Principal $77.75 $101.08 $101.25 $79.95 - $111.10 $95.00 -- Project Manager 67.50 87.75 - 61.90 - 102.35 82.00 $80.00 Dept Head Sr. Registered Eng./Arch -- 83.25 -- -- -- Registered Engineer/Architect 58.50 76.05 73.15 -- -- 60.00 Asst City Eng Project Engineer/Architect 52.00 67.60 57.38 49.20 - 79.38 64.00 55.00 Dev/Design Eng Grad. Eng./Arch./Field Supr. 46.50 60.45 -- -- -- -- Eng./Arch./Planner/Surveyor -- 47.25 -- -- -- Design Eng./Arch./Planner -- -- 34.95 - 61.90 48.00 -- Lead Technician -- -- 41.20 - 60.30 51.00 -- Senior Designer -- 67.50 -- -- -- Designer Level II -- 58.50 -- -- Designer Level I -- 52.88 -- -- Senior Draftsperson 43.00 55.90 -- -- -- -- Senior Technician 43.00 55.90 47.25 38.15 - 51.55 44.85 45..00 Technician Level II -- 39.38 -- -- -- Technician 29.00 37.70 31.50 28.55 - 42.40 35.00 40.00 Associate Technician -- -- 24.60 - 32.30 28.50 30.00 Eng Aide Word Processor 28.25 36.73 NC 24.60 - 35.50 30.00 NC Clerical 21.75 28.28 NC 20.65 - 35.50 28.00 NC Lead Project Representative -- 41.20 - 58.80 50.00 -- Sr. Project Representative -- -- 33.35 - 48.15 40.75 -- Project Representative -- -- 25.45 - 38.15 32.00 -- Survey Party Chief -- -- 35.70 - 56.35 46.00 -- Survey Assistant -- -- 22.30 - 31.75 27.00 -- Construction Observer -- 54.83 -- -- -- 3-Person Survey Crew -- 107.50 -- -- 90.00 2-Person Survey Crew -- 88.15 -- -- 70.00 Mileage 0.31 NC 0.30 0.275 NC = No Charge/Covered In Other Rates -- = No Quote For Specific Classification BRAA = Bonestroo, Rosene, Anderlik & Assoc. OSM = Orr, Schelen, Mayeron & Assoc. SEH = Short, Elliott, Hendrickson, Inc. . Lotus • FeeCons ...(24 . • CONSULTANT WORK ORDER RESPOND BY: REQUEST/AUTHORIZATION FORM * 7 ! :. ?,, I :.::::::.:::::::::::::........... Billing & • ❑ Original (Date: ) Correspondence Reference: ❑ Supplemental (See Original Dated: ) Description of Work: I Primary Contact Person: Requested/Initiated By: Financing Method ❑ Public Improvement Bond (Proj. ) ❑ Other ❑ Development Escrow Account ( / %) ❑ Dept. Budget ( - ) % ( / %) Fund Acct Prog Dept Time Frame/CompletionDates/Misc.: I S I ' ERAS 3T!SE Firm: Attention: Project Manager: Company File #: Other Key Individuals Assigned/Task: 1. • 2 Time Schedule/Completion Date: Additional Consultant/Outside Services Required or Expected: Method of Billing: ❑% Fee (_ Curve A _ Curve B) ❑ Labor & Materials (S ) ❑ Lump Sum (S ) Other Comments: Approved By: / City Authorized Limit: Employee Date S Council Authorization Date: Processing & Distribution List: • Comments: White • City File Copy Green • City Finance Dept. Yellow • Consultant (Final Auth) Pink • Consultant (Pend. Appl) Gold • Department Secretary it***ii*i**i********it sis ssis ss iss*isis ss••••••sM isiiiiisisis•••••••••••siisii••••••••••••s**s*ssss***i*s*si**** NOTE: All invoices must be presented to the City within 35 days of incurring chargeable costs to be eligible for payment. Invoices should include current charges, total billings to date and City's authorized limit if identified herein. .•%/1"" 3-91 a � (Name of Firm Making Statement) Possible Awarded Points Points A. Qualifying Firms for Eligibility on Matrix 1. Consultant's technical qualifications 22 Comments 2 . Consultant's work experience 24 Comments 3 . Reputation with existing clients 20 Comments 4 . Size & diversity of consultant 22 Comments 5. Previous city experience with consultant 22 Comments 6. Proximity of consultant to Twin Cities 2Q Comments 7. Actual or potential conflict with other clients doing business with the City LQ Comments TOTAL TOTAL POSSIBLE 142 AWARD c;`"(147 Agenda Information Memo January 7, 1992 City Council Meeting Nrw DIMNESS 1992 CDBG APPLICATION A. D re ion, Community Development Block Grant Application for 1992—Enclosed on page througljis a memo from the Community Development Department outlining potential uses of the City's 1992 CDBG entitlement funds which are coordinated through the Dakota County Housing & Redevelopment Authority. The City must identify uses for the funds on an annual basis. Most recently, this funding source was used to help support the construction of the Senior Housing Project at Park Center on Cliff Road. In the memo, the Community Development Director outlines four possible applications of the 1992 entitlement which will range somewhere between $100,000 and $115,000. The application to the HRA must be submitted no later than January 17. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a qualified project for the community's 1992 Community Development Block Grant allocation for submission to the Dakota County Housing & Redevelopment Authority. MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE C RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR DATE: DECEMBER 30, 1991 SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR 1992 The Community Development department has been working with the Dakota County HRA . to review possible applications that would qualify for the 1992 Community Development block grants. It is estimated that the funds available for 1992 will be between $100,000 and $115,000 for eligible activities serving low to moderate income people within the City of Eagan. In review of possible projects or activities that would qualify, the Community Development department has listed four projects. These are as follows: 1. In 1985/1986, the City of Eagan initiated a housing rehabilitation program whereby funds could be used for low and moderate income people to upgrade and winterize existing houses. This program was accepted in the past. The funds that were allocated have been used and any loans that are now being repaid are in a revolving loan fund which could help rehabilitate some of the existing housing stock. As stated earlier, this program was initiated a few years back and there may be a need to reinvest some funds into this program. 2. The second eligible program would be for the City to initiate site acquisition for a low to moderate income housing project. It is anticipated that it would take approximately two years to put together a viable project, in conjunction with Dakota County HRA, of approximately 40 to 50 low to moderate income housing units. The key to initiating a project of this nature is to be able to identify and acquire a site where this project would fit within the community. This application could begin with site acquisition in 1992, with the project to be built two to three years in the future. 3. The Community Development department has become aware of the concerns and problems the City has had with Wescott Square Apartments. Staff has worked with J A Development to try to resolve some of the concerns regarding the site planning and density within this area; however, there is still a number of problems with the Wescott Square project that may or may not be able to be addressed. The major concern is that there are many individual owners of either single buildings or blocks of buildings. As you may recall, this development was constructed prior to the tax law change of 1986 which allowed depreciation and tax deductions for owning these types of units. Since 1986, tax law has changed and is now greatly affecting the Wescott Square Apartments. With so many individual owners and management companies involved, it is very difficult to pinpoint where the exact problems are occurring. If there would be a way to acquire blocks of buildings or C: TOM HEDGES DECEMBER 30, 1991 PAGE TWO units and bring them under one management company, it may be possible to resolve some of the problems. Another major concern with trying to coordinate a program of this nature is that we only have $100,000 to start acquisitions or try to find someone to acquire the properties. With so little money, we may not be able to do anything to resolve problems with this project. 4. The last item that could qualify for block grant funds is the establishment of a redevelopment district in the Cedarvale area. Again, a funding source of $100,000 is very minimal in order to initiate a project of this size; however, it could be the start of redevelopment in this area. These are the four potential projects which could meet Community Development block grant funds for 1992. Staff would like your input and direction in order that the application may be submitted to Dakota County HRA by January 17. If you have any questions or would like additional information on any of the items, please contact me. 1111 / Community Development Director DCR/mg a9 Agenda Information Memo January 7, 1992 City Council Meeting MAC PART 150 LAND USE PROGRAM B. MAC Part 150 Land Use Program Implementation Plan—At its meeting of December 10, 1991, the Eagan Airport Relations Committee considered a proposed implementation plan for the Metropolitan Airports Commission's Part 150 Land Use Program to be submitted to the MAC by June 30, 1992. The recommendation by the Committee came after several months of review and discussion including specific correspondence to and meetings with affected area residents. The Part 150 Land Use Program is sponsored by the Federal Aviation Administration as a means of performing corrective landside improvements to residential properties within the Ldn 65 noise contour. Within certain limitations set by the FAA, local airport proprietors and communities are permitted to consider alternative approaches to these mitigation actions. Enclosed on page—is a copy of the Ldn noise contour which is being utilized for the implementation of this program. This contour has yet to be approved by the FAA. At the present time, the smaller dashed line depicted on the map describes the eligible area southeast of the airport. While several areas, including part of the Country Home Heights Subdivision, the McKee Addition and homes on Lexington Avenue and Blue Gentian Road, will ultimately be included within the program, only two to three homes located in the Country Home Heights will be eligible in the interim. Also enclosed on page 55is a more detailed map illustrating the eligible area. Thr Airport Relations Committee considered three basic programs as outlined on pages through . They include the sound insulation program, purchase guarantee program and land acquisition program. As a consequence of the relatively small number of homes eligible for the program in Eagan, only $28,000 of the initial $4,000,000 grant will be available to the Eagan program. This allocation is based on the entitlement of 2% of the overall grant proceeds to each of the five eligible cities and a per capita distribution of the remainder. As a consequence of the level of demand for program services compared to the dollar amount, the Committee requested that staff review several alternatives with respect to selection criteria and program options. That analysis is included in the staff report which is enclosed on pagest.A through for your review. As noted above, the Committee considered this item on several agendas in recent months and made a special invitation to the residents of the affected neighborhoods to attend neighborhood meetings on October 29. For background with respect to the Committee and neighborhoods' discussion in this regard, please refer to the minutes of athOctober 7, 1991 Airport Relations Committee meeting enclosed on pages through`3D, thq notes from the October 29, 1991 neighborhood meetings.enclosed on pages rough S fthe minutes of the November 12, 1991 Committee meeting enclosed on pages through S C. and the minutes of the December 10, 1991 Committee meeting enclosed on pages 7through . 30 Agenda Information Memo January 7, 1992 City Council Meeting At their meeting of December 10, 1991, the Airport Relations Committee recommended that the City Council adopt an implementation plan for the Part 150 Program which will apply all of the City's Part 150 allocation to the sound insulation program and that eligible homeowners be drawn by simple lottery of the applications received in a given funding cycle with the understanding that the City may reassess and amend its implementation plan if conditions should change to warrant such amendment. The Metropolitan Airports Commission will be responsible for the administration of any and all cities' programs while the cities retain the right to modify the use of their allocation on an annual basis. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a recommendation of the Airport Relations Committee that the City's Part 150 Land Use Program implementation plan provide for sound insulation only and that eligible applicants be selected by simple lottery. 3 ( 1 • .i . 1 I r •...,..11.., • _ ..,.Yrita . . w • „,... g A �: .,., _ , • p I Imp, . . t. _.. ,., ., , �• '4'4, t \., L„„ , , • - \• . ...AirAtrit,- __ • pp...Aft) • ;,. ,II I ■ iiiftiv,el-AVAIO b likt 4.• 0 y% T r 4.C o•, `44-'-v‘\ \\ k :.-. ill . 4 iii,„-- . Ln • • a 6 s*. i -A\. . 7 •-• . ii__ - .., :::-.: ..., k . ! 4,,,,N .-„-t-. • z 1 4,, , .‘, .\\ .10.,tt. , .... a it:-- \...... Mari VA '. • ; MOW I .. • ' CI. egi 111 Cri • \. , . Araf. " ARIA:NI T.. 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ON 33 N 'VIA {. o`� „`es PART 150 SOUND INSULATION PROGRAM A sound insulation program is a corrective land use measure intended to alleviate the impact of aircraft noise by providing indoor locations where normal activities can be enjoyed without interruption. The program involves modifications to reduce the amount of noise entering from the outside. Priority will be given to the sound insulation of single and multi-family residences, and schools. Homeowner participation in the program is not mandatory, but is encouraged. Program eligibility will be limited to homeowners residing within the previously- approved 1992 Ldn contours in neighborhoods identified by each individual city. When the 1996 Ldn contours are approved by FAA after MAC's December '91 submission, they will be used to determine program eligibility. The program will be implemented on a block-by-block basis. The individual cities will determine if a house-by-house priority system within the blocks will be established. Within these guidelines, the responsibility for selecting and prioritizing specific blocks will be assigned to the individual cities. Once a block has been identified by the city as eligible, the homeowner will be responsible for submitting an application to the program admininstrator requesting participation in the program. If a homeowner chooses not to participate in the program at the time it is initially offered, he may later submit his application and be eligible for funding. Each individual city can determine what the priority will be for homeowners who delay participating in the program. The criteria to be used in the program is essentially to achieve an interior level not exceeding Ldn 45. Whereas this standard is probably applicable to the largest airports, it does not take into account the very high single-event levels - up to Sound Exposure Levels (SELs) of 110 db - experienced at many of the homes adjacent to MSP. The noise reduction proposed for residences will be designed to provide an interior noise environment similar to that provided by the Ldn 45 standard at the largest airports. Typically, this means that habitable rooms directly exposed to aircraft noise would be provided with the following additional noise reduction (NR): Proposed Minimum Maximum Avg Cost Ldn Areas Avg NR Increase NR Increase NR Increase Projections 75 13 dB 10 dB 15 dB $22,500-25,000 70 8 dB 5 dB 10 dB $11,500-22,500 65 3 dB 0 dB 5 dB $ 0 - 22,500 Page 1 of 3 12-16-91 34• The actual amount of additional noise reduction required within the 5, 10, or 15 dB packages for any given directly-exposed room would depend on the exterior DNL, the type of construction, and the window-wall area ratio. Other habitable rooms in each home that are not directly exposed to aircraft noise would receive additional noise reductions equal to, or less than the amounts shown above. Air- conditioning and ventilation will be provided as part of the sound insulation package. Homeowners would have some limited ability to select alternative modifications to some elements, i.e., windows or walls, provided that the overall sound insulation was not degraded by more than a specified amount. MAC will contract with an outside agency or firm who will administer the sound insulation program among the five eligible cities. This would include program management, engineering, quality control, and supervising the remodeling contractor(s). In the event homeowners want to upgrade to a higher level of sound insulation, or make other misc. improvements, additional work can be done simultaneously by the same contractor at the homeowner's expense as long as the proposed changes are consistent with the scope and character of the work being performed. Construction guidelines for sound insulation and lists of approved material suppliers will be provided to eligible homeowners who wish to remodel their homes prior to the availability of the program in their area, and to homeowners living outside the 1996 Ldn 65 noise contour who wish to add sound insulation treatments at their own expense. The costs of this remodeling would not be reimbursable. Program participants would sign an Avigational Release as a condition of participating in the program. Eligible homeowners who grant an avigation release to MAC would not be required to contribute toward the cost of the program (according to FAA guidelines). Those not granting such a release would be required to contribute 20% of the cost of modifications to their home. Page 2 of 3 12-16-91 3• During the construction of the sound insulation modifications to each of the eligible residences, the program will pay and provide only for the following finishing work: ▪ Walls and ceilings of treated rooms would be repainted either "off-white" or with a paint provided by the homeowner. • Surfaces modified or altered by the sound insulation construction would be restored with a finish surface of similar materials comparable to the surface prior to construction. (For example, existing"sculptured" surfaces would be replastered.) ▪ All mouldings would be replaced. • Any exterior stucco and aluminum window trim would be replaced. • All applicable building permits must be obtained by the contractor or homeowner prior to sound insulation modification work. There will be a $25,000 cap on sound insulation modification work to be done on single residence. The individual homeowner will have the ability to reject recommended sound insulation modification plans, as long as the final insulation modification plan selected has no less than 5 dB of attenuation in any directly- exposed room. Homeowners with hot water heat would be able to keep their existing heating system, in the event they received an air-conditioning (forced air) package through the sound insulation modifications. Each city will be responsible for determining how long a participant in the Sound Insulation Program must wait before being eligible for another Part 150 program. Page 3 of 3 12-16-91 5 LP SOUND INSULATION PROGRAM DEFINITION * Intended to retain "residential" status of land use. • * Voluntary program for homeowners residing within 1996 Ldn 65 contour. * Priority: single and multi-family residences, schools. * "Block by Block" implementation. * City will be responsible for selecting and prioritizing blocks for program participation. * Degree of sound insulation modification packages determined by: Exterior noise level Construction type of house Window/wall area ratio * A recommended sound insulation modification package will be drafted for each home within the Ldn 75, 70 and 65 noise contours as follows: Ldn Average NR Minimum NR Maximum NR Average Area Increase Increase Increase Cost 65 3 dB 0 dB 5 dB $ 0 - 22,500 per home 70 8 dB 5 dB 10 dB $11,500 - 22,500 per home 75 13 dB 10 dB 15 dB $22,500 - 25,000 per home • Homeowners can modify recommended packages, select from an "approved- contractor"list and determine window,door,wall replacement type based on FAA guidelines. • Air conditioning and ventilation will be included in program modifications. • Signing of an Avigation "Release". s MAC will contract with a central agency to administer the program among the 5 participating cities. 12-16-91 • PART 150 PURCHASE GUARANTEE PROGRAM In general, a purchase guarantee program is a corrective land use measure to alleviate noise effects in areas where neighborhood stability can be maintained and existing residential development is considered a compatible land use. With most purchase guarantee programs, if aircraft noise levels are found to be intolerable by individual homeowners, and the owner has made a "bona fide" effort to sell the property, the property is acquired at a fair market value and returned to residential use with appropriate sound insulation measures, releases, and restrictions. (The fair market value of all eligible properties will be determined by the current federal and local guidelines.) Homeowner participation in the program will be voluntary and based on the city-specific implementation decisions. The purchase guarantee program is not intended nor designed to acquire all, or a substantial portion, of a designated area but rather to provide the homeowner the opportunity to sell his home at a guaranteed fair market value on a "house by house" basis. Purchase Guarantee Program eligibility will be limited to homeowners residing within the 1996 Ldn 65 noise contour in neighborhoods identified by each individual city. Each participating city will be able to determine the location and number of homes eligible for participation based on their yearly Part 150 dollar allocation. The participating home must be owner-occupied. (Owner-occupied condominium units are also eligible.) Homeowners must have resided at the property for at least two years prior to being offered participation to enter the program. Once a home has been deemed eligible for participation in the Purchase Guarantee Program, a fair market value will be established for the property through a certified appraisal process that meets federal and local guidelines. Then, a Letter- of-Intent will be signed by both the homeowner and the program administrator (Metropolitan Airports Commission (MAC)). The Letter will be a binding contract which describes the program elements, such as: * Predetermined length of time that property will be listed for sale before owner receives reimbursement of fair market value. (Note: this defines a "bona fide effort" and is based on the Multiple Listing Service data (MLS) for each individual neighborhood provided by each city.) * Sound insulation package modification details and schedules. * Granting of an avigation release to the MAC. Page 1 of 2 12-16-91 5 2 There are two possible methods within the Purchase Guarantee Program to transfer the ownership of a participating home. If the house does sell on the open market before a predetermined period expires, the transfer of ownership is similar to a normal open market real estate transaction. If the house does not sell on the open market before a predetermined time period, then the owner is reimbursed the fair market value of the home and the property is re-listed by the administrator (MAC) on the open market until it is sold. Each home participating in the Purchase Guarantee Program will receive a complete sound insulation package modification based on its location within the Ldn 65, 70, & 75 noise contours and its construction. In the event the house sells before the predetermined listing period, sound insulation modification will be done immediately after the new owner takes possession. In the event the house does not sell during the predetermined listing period, then sound insulation modification will be done in the interim period after the original owner is reimbursed the house fair market value and before it is re-listed on the open market by the administrator. (It should be noted that before being re-listed, the home will be re-appraised to determine a new fair market value that reflects the sound insulation improvements.) MAC will develop an educational program that participating realtors will be required to attend in order to become "certified" by MAC as having a working knowledge of the purchase guarantee and sound insulation programs. This will insure that prospective homebuyers are aware of the location of the property within the noise contour, that the home will receive sound insulation treatment as a condition of the purchase, and of the avigation release. Additionally the homeowner would be certain that his home is being marketed by a qualified realtor. Note 1: Based on the Uniform Relocation Assistance and Real Property Acquisition Policies Act for voluntary programs, the Purchase Guarantee Program will not include payment or reimbursement of moving/relocation expenses. Note 2: Any adjustment of the 1996 Ldn 65 boundary to determine eligibility will be subject to FAA overall approval. Each city will be responsible for determining the length of time for either acceptance, or refusal of program participation, once a homeowner becomes eligible. This determined length of time may be different among participating cities, based on each city's specific yearly implementation phasing goals. In the event of refusal, each city will be responsible for determining how long a ' participant must wait before being eligible again for another Part 150 program. Page 2 of 2 12-16-91 BC3t PURCHASE GUARANTEE PROGRAM DEFINITION * Intended to retain "residential" status of land use. * Voluntary program for homeowners residing within 1996 Ldn 65 contour. * Only"owner-occupied"homes with a minimum of 2 years owner residency. * "House by House" implementation. * City will be responsible for selecting (program participation and eligibility) and prioritizing homes for program participation. * Participating homeowner is guaranteed"fair market value"reimbursement. * Sound insulation modifications are included. * Process for eligible homes: Fair market appraisal process • Determine length of time home will be marketed before homeowner is reimbursed. Signing of"Letter of Intent". * SCENARIO 1: House sells before predetermined period. Normal real estate transaction (with Avigation Release to new owner) New owner is given sound insulation modifications. * SCENARIO 2: House doesn't sell before predetermined period. • Original homeowner is reimbursed fair market value. Home is taken off market and given sound insulation modifications. ▪ Home is re-appraised. ▪ Home is re-listed on market and sold to new owner (with Avigation Release). 12-16-91 . D PART 150 LAND ACQUISITION PROGRAM In general, a land acquisition program is a corrective land use measure intended to alleviate noise effects in areas of incompatible land use. Under the land acquisition program for the MSP International Airport, property would be acquired only at the initiative and approval of the local jurisdiction where it has established there is a reasonable consensus among residents to vacate the area. Program eligibility will be limited to homeowners residing within the 1996 Ldn 65 noise contour in neighborhoods identified by each individual city. The neighborhood boundaries will be identified by each participating city to include areas which may be outside of the Ldn 65 noise contour. (Areas outside of the Ldn 65 noise contour are subject to FAA approval through the MSP Part 150 Update/FAA review process.) Acquisition priority will be based on the location within the noise contours. The homeowner must have lived in the home for two years prior to the implementation of the program unless adequate funds are made available to allow the purchase of all properties within the identified area at the same time. Property will be acquired by voluntary agreement with the homeowner or through standard condemnation proceedings. The fair market value of all properties identified for acquisition will be determined by the current federal and local guidelines. Property to be acquired will be identified by the individual cities on a block-by- block basis. Once a property has been acquired, homeowners will be processed through normal appraisal and closing procedures, as with any other type of property sale. No specific timeframe for completion of the transfer of property will be defined. The payment or reimbursement of moving/relocation expenses will be determined by current federal regulations (Uniform Relocation Assistance and Real Property Acquisition Policies Act). The property will then be cleared immediately to reduce maintenance and upkeep costs. All acquired property will be held by the Metropolitan Airports Commission (MAC). If the property is not to be converted for airport use, it will be released by MAC for resale as a compatible land use (non-residential), as soon as possible. • 12-16-91 LAND ACQUISITION PROGRAM DEFINITION, * Intended to change existing residential land use to either airport or non- residential use. * Either voluntary or condemnation program for homeowners residing within 1996 Ldn 65 contour. * "Block by Block" implementation. * City will be responsible for selecting and prioritizing blocks for program participation. * Program includes payment or reimbursement of moving/relocation expenses in addition to "fair market value" reimbursement. * Avigation Easement to deed. 12-16-91 istC AVIGATION RELEASE DEFINITION * Recommended replacement for easement. * "Release" on current and future noise litigation from Part 150 program participating homeowners. * Signing of an Avigation"Release"before implementation of Sound Insulation and Purchase Guarantee program. * Release language would be based on current noise levels from operation and maintenance of existing MSP runways. * Any increase of 1.5 db (Ldn) or more over a yearly Ldn "base" contour will invalidate the Avigation Release. * Ldn base contours will be updated yearly. 12-16-91 MEMORANDUM TO: CHAIR RING AND COMMITTEE MEMBERS FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: DECEMBER 4, 1991 SUBJECT: PART 150 PROGRAM AND SELECTION CRITERIA In reviewing the options for methods of selection with the City attorney's office, it appears that the only selection criteria which would be clearly defenseable are tenure in the home and whether the home is in the Ldn 65 or part of an extended block. All other criteria that have been identified to date appear to raise the potential for a challenge on the basis of discrimination. These include age(s) of homeowners and marital status. As much as the City might like to give preference to older residents and those who have lost spouses, the potential for challenge is too great. In addition, many of these people would also be those with the longest tenure in their homes. Several options or hierarchies of choice present themselves as a consequence of this review: 1. Simple Lottery - All interested residents would apply for program(s) on an annual basis and names would be drawn. Applications would then be funded until the funds for the program year are spent. 2. Weighted Lottery - Those residents who have lived with the problem over a certain threshold period would be permitted to apply first. A drawing would be held and applications would be funded until . the program funds for the year are spent. More recent residents would only become eligible for funding after all of the longer tenured residents had received an opportunity to apply. 3 . Split Fund Lottery - A portion of the funds could be set aside for each of the above types of lotteries each year. Those that qualified for the length of tenure criteria could apply for both. Essentially, those who lived with the problem longer could have twice the chance of those who have moved into the area since the problem has gotten worse. 4 . Tenure Only - All interested residents would be asked to certify length of residency as a part of their application. Each year, program funds would be available to the longest tenured applicants until all funds are spent. 5. Scored Application - Such applications work best where there are a large number of relatively easily quantified criteria. Since it appears that only tenure in the home could be so easily defined, this approach is probably not a prudent alternative. Lk4 'In each of these cases, the Ldn 65 criteria could be incorporated as a controlling feature with persons inside the contour being funded before those outside of the contour. While this has some general attractiveness, the size of the area the FAA would permit us to square off is sufficiently small that this may be a marginal distinction for people whose noise level is not perceptibly different than their neighbors inside the contour. If we had residents in multiple contours, it would probably make more sense to begin at the highest noise levels, but that is not the case. PROGRAM OPTIONS In consideration of the discussion at the neighborhood meetings and the last ARC meeting, the following analysis is provided for the Committee's consideration. Upon further review and evaluation of the Sound Insulation Program, current MAC estimates indicate that the average sound insulation package in the Ldn 65 contour will cost approximately $15, 500 to achieve an additional 5-10 db noise reduction. On average, it is anticipated that the Purchase Assurance Program would add an average of $5500 for each home included in that program. This assumes that one half of the homes sell on the open market and one half must be purchased through the program. In the initial year of the Part 150 Funding Program, MAC is applying for $4 , 000, 000 of which the City of Eagan will receive approximately $128, 000 for all program costs. While the MAC anticipates applying for $6, 000, 000 to $10,000,000 in subsequent program years, the initial amount is being used for purposes of analysis. Scenario 1 If the City were to apply all of its Part 150 funds to sound insulation projects, approximately 8-9 homes could be insulated per year. At this rate, it would take approximately nineteen years to insulate all eligible homes. Scenario 2 If the City were to make the purchase assurance program available, each home making use of the program would reduce the number of homes that could receive some level of treatment to 6 per year. At this rate, it would take twenty-five years to insulate all eligible homes. Scenario 3 The City may wish to apply all Part 150 funds to sound insulation projects first and consider applications for purchase assurance only after all eligible homes. At this rate, the sound insulation portion of the program would be completed in approximately nineteen years. If every home then pursued purchase assurance, all of them could be accomodated in another six to seven years. LkC Analysis At the present time, no other city besides Eagan has expressed any interest in pursuing the purchase assurance program. In explaining their rationale in this regard, the City of Minneapolis indicated that it seemed more appropriate to assist as many homes as possible through the sound insulation program alone, than to create competition for limited resources by adding the purchase assurance program. On average, the purchase assurance program would add 35% to the cost of the program and reduce by 25% the number of homes that would benefit in any given year. In addition, it is anticipated that the sound insulation treatment would either add value to the average home or offset some of the perceived reduction in value associated with the noise impact. On average, the sound insulation program would provide improvements in the amount of $15,500 to the typical homeowner, while the addition of purchase assurance provides an average of $21, 000 in value to fewer homeowners. On the other hand, the addition of the purchase assurance program would create certain assurances and flexibilities to the eligible homeowners. While insulation itself adds value to a home, it does not guarantee a value. Certain homeowners may find purchase assurance to be an attractive alternative to ongoing exposure to noise. It should be noted, however, that not all costs of administration are included within the $5, 500 average. The average also assumes that half of the homes which apply for the program sell as if they did not need the program. If a larger percentage of the homes actually go the full period without selling, the average additional cost is $11,000 for a total cost per home of $26, 500. At this rate, the city could only fund 4-5 homes per year requiring thirty-one years to reach all eligible properties. The purchase assurance program also raises questions about the appraisal value of a home and the effect of zoning on a property's value. Neither of these considerations are issues in the case of sound insulation. The primary question before the Committee and the City is whether the benefit of the purchase assurance program is worth the 25-40% reduction it implies in the number of homes that could receive some level of treatment in any given year? Should the program provide some benefit to the maximum number of people or the maximum benefit to a smaller number of people? Does any additional benefit accrue from keeping the program as simple as possible? As sta t to the City Administrator MINUTES OF THE AIRPORT RELATIONS COMMITTEE Eagan, Minnesota October 7, 1991 A regular meeting of the Eagan Airport Relations Committee was held on Monday,October 7, 1991 at 7:00 p.m. in the Eagan City Council Chambers. Present were Chair Tim Ring, Bob Hafvenstein, Randy Verble and Lois Monson. Absent were Dustin Mirick, Larry Aiderks,George Martin,Greg Langan and Bruce Nauth. AGENDA Upon motion by Verble, seconded by Hafvenstein, all members voting in favor, the agenda was approved as presented. MINUTES Upon motion by Hafvenstein, seconded by Monson,all members voting in favor,the minutes of the September 10, 1991 meeting were approved as presented. PART 150 LAND USE PROGRAM Hohenstein introduced the item explaining that the role of the Airport Relations Committee was to provide policy input to the City Council and that the Metropolitan Airports Commission had asked individual cities to recommend land use programs under the Part 150 program for their individual cities. Hohenstein indicated that the three basic programs were sound insulation, purchase guarantee and area buy-outs. He then gave additional information about the Part 150 process and timeline. Hafvenstein asked how a purchase guarantee program would work and how fair market values would be established. Hohenstein replied that the MAC would work with a group of realtors from which individual property owners could choose an individual to list their property. The property would then have to stay on the market at a fair market value fora period of time. If it did not sell by the end of that period, MAC would guarantee the purchase price, sound insulate the home and attempt to resell it on the open market. Monson asked how much money would be available under the program. Hohenstein stated that the MAC expects to receive approximately S4 million a year. Because of the entitlement and population base distribution formula, the City of Eagan will only receive approximately$120,000 per year. The Chair then opened the issue for public comment Dan Szewczyk stated that he lives on Pilot Knob Road and Avalon Avenue and asked how the Ldn 65 contour was developed. He stated that he sees planes over his home but that the contour barely reaches his home. Hohenstein stated that the contours were based on flight track assumptions and that the track information being developed under the current corridor procedure test would help identify more accurate tracks for future contouring. He stated that If the aircraft were to stay where they are assumed to be in the contours,that the contours are relatively accurate since sideline noise tends to extend less far into the neighborhoods than noise along the flight tracks does. Mark Schmitz stated that he also lives near Pilot Knob Road and Avalon Avenue and asked how the money would be divided under the program. Hohenstein stated that the City and Committee had yet io develop a distribution program, but that it would depend partly on the types of assistance neighborhoods requested, the amount of time necessary to develop sufficient money to perform that work and some type of criteria for selection based either on characteristics of the homes or residents or on the basis of a lottery. L \ Page 2/AIRPORT RELATIONS COMMITTEE October 7, 1991 A resident living near Burnside and Fairlawn stated that the nuisance from vibrations has been particularly bad this year between the 5:00 to 7:00 time period. She stated that she was concerned about things breaking as a result of falling from shelves. She asked if any of the programs would reduce vibrations. Hohenstein stated that It was unlikely that simple insulation programs would reduce vibrations, but that some of the more significant insulation projects, such as the quiet room concept, might reduce vibrations to some extent. The resident then asked how the insulation would be applied. Hohenstein encouraged those in attendance to visit the MAC demonstration house In Richfield and ask the staff members there about application techniques or to ask the MAC consultants directly at Wednesday evening's Part 150 meeting at Henry Sibley High School on October 9. Hafvenstein pointed out that commercial noise reduction techniques make many buildings in the Eagan industrial corridor relatively quiet and that insulation does substantially reduce the impact inside the home. Ring asked the resident which of the programs she would prefer from those listed earlier in the evening. The resident stated that she would prefer a buy-out program because she does not feel she could take much more of the noise vibration. Dolores Rodenborg, of 2820 Pilot Knob Road, stated that she believes she Is right on the line for those areas eligible for the program. She stated that soundproofing would be nice for the inside of the house, but she stated that many residents of Country Home Heights have large lots and would like to enjoy their yards too. Hohenstein indicated that the FM position is that eligibility can be extended to the end of the block of any area currently within the contour and that he believed Ms. Rodenborg's home would be eligible. Harlan Bluhm, of 2995 Lexington Avenue, stated that he receives direct overflights and has for many years. He states that the Stage 2 aircraft make the most noise and that they will be around for a long time. He prefers that his home be bought out as opposed to sound insulation. Another resident stated that she and her family knew aircraft operated in the area when they bought the home and that that was part of their expectation in living in the area, but that they would prefer sound insulation to make the interior of the home more livable. Mike Mackey, of 1040 Keefe Street, stated that he lives in the McKee Addition and asked if the percentage of departures was included in the funding allocation. Hohenstein stated that the percentage of departures is reflected in the size of the noise contour, but that • a small entitlement and population were used as a basis for the funding allocation. Joe Harrison stated he lives in Country Home Heights. He asked about the status of the 60 day test and the permanent monitoring system. Hohenstein stated that the 60 day test would be running through October 12 and that the Committee would be interested in feedback from the neighborhoods of the community on the success of the program in containing traffic in the corridor. He stated that the permanent monitoring system was in the process of being installed and that the MAC received permits for two monitors In the City of Eagan within the last week to be located In Country Home Heights and the McKee Addition. An additional monitor would be placed near Eirene Road at some point In the near future. Harrison then stated that sound insulation programs will only help people inside their homes and that the Part 150 program should provide for the buy-out of everyone in the contour. There being no further comments from the public, Chair Ring dosed the public portion of the item. Hohenstein indicated that meeting dates would be scheduled to meet with the individual neighborhoods prior to the November 12 Airport Relations Committee meeting. The mailing distributed to the public relative to this item is attached as Appendix A. A short break was then taken. LA.9 NOTES FROM OCTOBER 29, 1991 AIRPORT RELATIONS COMMITTEE NEIGHBORHOOD MEETINGS On Tuesday evening, October 29, the Eagan Airport Relations Committee held neighborhood meetings with residents of the Country Home Heights and McKee Additions. The purpose of these meetings was to discuss desires and expectations of the neighborhoods with respect to the Metropolitan Airports Commission's Part 150 land use compatibility program. The Part 150 program will make money available to cities around the airport for noise abatement activities including sound insulation of homes, insurance of a fair market sales price or buy outs and commercial redevelopment of residential areas. The MAC has asked the participating cities to prepare an implementation plan reflecting their intentions for specific neighborhoods within the boundaries. While this summary does not constitute official minutes of the committee, they should be considered as part of the record in approaching a decision on this matter. COUNTRY HOME HEIGHTS COMMENTS Q. Is it true that the funding requires an 80/20 split of expenses? A. There is an 80/20 split between federal FAA dollars and Metropolitan Airports Commission dollars, but the programs are intended to be 100% funded by those two sources and require no contribution by the homeowner. Q. Will the program pay for air conditioning along with the insulation and windows? A. Air conditioning is a qualified expense under the program guidelines. Q. Country Home Heights has half acre lots. The Part 150 program does not affect the noise environment outside of the home. Will the program force the neighborhood to subdivide? A. The half acre lot requirements are a condition of the Country Home Heights covenants and is not enforceable by the City. There is nothing about the program that would force further subdivision of the area. Covenants must be enforced by the individual property owners participating in the agreement. Q. The FAA has relaxed the Stage III phase out requirements. How will that affect the 1996 contours and the area eligible for assistance? A. The FAA has permitted airlines to meet the phase out schedule by either reducing the number of Stage II planes they have or increasing the number of Stage II planes to meet the phase out target. As a consequence, the MAC is reviewing what effect Lk°\ that would have on the 196 contour since it would generally indicate that the noise exposure would continue to be greater for a longer period of time. While it is unclear whether this will amount to significant changes which would include larger areas than is currently the case, it would definitely not reduce the size of the contour. Q. It appears that there needs to be additional input from other homeowners since some of the affected parties were not at the meeting. A. Staff will provide summary information to the people on the mailing list and the regular committee meetings are open to all residents. Q. Will the MAC still do the Part 150 programs even if they move the airport? A. The MAC will do the Part 150 program as long as the airport is at the current location because it will take 15 - 20 years to develop a new airport even if the decision is made. MAC wants to focus the program on those people who are affected now. It may be that a decision to relocate the airport would diminish the need to buy out certain areas, but the other programs would continue to be appropriate in those areas. Q. Why would anyone choose the sound insulation option only? Wouldn't it be wiser to have both the sound insulation program and the purchase guarantee program? A. This appears to make sense. On the other hand, Minneapolis has indicated that they want to maximize the application of their dollars to the neighborhoods and that they feel the most money can go farthest if they do sound insulation only. The purchase assurance program would cost as much as the sound insulation program plus additional costs for administration of the sale and/or any loss that must be taken on the property. Q. Could the criteria for the purchase assurance program be based on a hardship? A. The committee is interested in feedback on how the neighborhoods want the criteria established. One approach to the selection of eligible homes could be by a point system based on age of the home, age of the householder and other criteria. Another alternative could be a simple lottery among those eligible wishing to participate. The Airport Relations Committee will consider this further at its meetings. in November and December. Q. How much money is available? A. The first year's grant application is for $4 million. The City of Eagan's portion is approximately $120,000. In future years, if the grant amount goes up, the City's portion will likewise increase. At the present time, the City would be best served by planning on the $120,000 as an annual figure. S 0 Q. What is the average cost to insulate a home? A. Estimates for sound insulation range between $11,000 and $22, 500 depending upon the noise level of the individual home, the existing condition of the home and whether or not air conditioning needs to be included as part of the improvement. Q. How does the purchase assurance program arrive at a fair market price? A. A standard appraisal process utilizing three trained and experienced appraisers will be utilized. It is expected that at least one of the appraisers can be chosen by the affected homeowner. At this point the committee asked the group how best to develop additional information for their recommendation to the City Council. The neighborhood residents responded that it might be helpful to provide a summary of the programs to the eligible Country Home Heights neighbors and request feedback in a survey to supplement the information from the neighborhood meeting. The committee then asked those present which of the programs they would prefer. Eight of those present indicated sound insulation and purchase assurance both, one indicated sound insulation only and one indicated complete buy out of the property. The majority indicated a preference for both programs to maintain flexibility while preserving the residential quality of the neighborhood. Q. If people utilize the purchase guarantee program, will it force homes to be sold at lower prices? A. The MAC will mark up the home before and after sound • insulation at a fair market price. They may have to discount the price slightly to sell the property, but their interest is in having maximum dollars available to apply the program to the maximum number of people and significant discounts would not serve that purpose. Q. Was everyone in Country Home Heights notified regarding this meeting? A. It appears that only those people on streets intersected by the contour were included in the mailing list provided by the Metropolitan Airports Commission. As a consequence, it appears that everyone who is eligible or near the contour received a notice of the meeting and that those farther south did not. Q. The City's annual allocation seems to indicate that a buy out program could only purchase one house per year. This would affect the viability of a neighborhood if homes were taken one at a time. A. The buy out program would only be implemented on a block by block or neighborhood wide basis. This may make it necessary to save money over a period of time if that were a chosen alternative for an entire area. An alternative to a complete 5I buy out program is the purchase assurance program to individuals actively interested in leaving the neighborhood. COMMENTS FROM MCKEE ADDITION RESIDENTS Q. Is the McKee Addition in the approved noise area? A. The MAC is in the process of updating the contour that defines which areas are eligible. The McKee Addition is not in the 1992 contour which was originally developed for the Part 150 program. It is in the 1996 contour which is being used for the funding program. It will be necessary, however, for the 1996 contour to be approved by the FAA before funds can be spent in it. This may happen as early as the middle of 1992 or as late as 1993. The MAC is also rerunning the contour to include information concerning the slower phase out of Stage II aircraft under the new improved FAA rules. This may or may not make the contour larger. Q. Isn't this all preliminary? Since the area is not currently within the approved contour, the question is really what neighborhoods would like if and when they are approved. A. Yes, the City needs to develop an implementation plan if and when the 1996 contour is approved. Q. Would the City buy homes and sell them for commercial/ industrial property? A. If a buy out program would be developed, the area would eventually be redeveloped for commercial/industrial use. The City would only do this, however, if the area requested it and it is not anticipated that the City has any public purpose to condemn the property if that is not preferred by the neighbors. Q. Who would pay for the sound insulation program? A. MAC pays 100% of the costs of sound insulation including the addition of air conditioning if the home does not currently have it. This money comes from two sources. 80% is from the FAA and 20% is from the MAC. Q. It appears that this could take a long time to fund at $120, 000 per year. • A. Yes, it appears that the City could only do about 10 - 11 homes per year if all they did was sound insulation. At current funding levels, it would take ten years to sound insulate the McKee Addition. It appears that it would take approximately 100 years to amass enough money to completely buy out the neighborhood. Q. Will the City receive higher levels of funding in the future? A. It is possible that as the MAC asks for higher grant amounts that the City will receive larger allocations, but they will only increase proportionately to the MAC grant. So if the MAC gets $8 million, the City would get about $240,000. Q. At one of the MAC meetings it was indicated that residents in the 65 Ldn contour would only receive doors and windows and not additional sound insulation. Is this correct? A. That was not the understanding that staff had been given, but a follow-up was promised. Q. In following up with the MAC, it was indicated that whatever insulation and/or door and window treatments were necessary to . achieve acceptable indoor noise levels would be undertaken. If this required additional insulation in the walls, that would be proposed as part of the program. Q. If the airport moves will the programs continue? A. If they move the airport, it won't be operational for 15 - 20 years. The Part 150 programs are intended to help people who have noise impact now. The only Part 150 activities which would probably not be undertaken if a decision is made to move the airport would be buy out programs. Q. Will the City get any funds this year? A. The City is entitled to funds this year but will probably bank them until next year when it is hoped that the 1996 contour will be approved and a larger area will be included within the eligible area. Q. Can an individual take the sound insulation now and be eligible for the purchase guarantee program later? A. This is permitted under the current program. The committee than asked those present if they would prefer sound insulation, purchase assurance or the buy out program. All of the residents indicated they would prefer to be bought out if the money were available. If not, they would consider the other programs but would like additional information on purchase assurance. Q. How are the properties going to be appraised? A. MAC will use standard state and federal appraisal practices which call for a panel of three appraisers, one of whom will be chosen by the homeowner. This panel will establish a value and the homeowner will be told the value the home will be listed at before they sign a letter of intent for the program. If they do not accept that valuation as fair and believe they can do better by selling their home on the open market, they may opt out of the program before signing a letter of intent. Q. Are there any homes besides those in the McKee and a portion of Country Home Heights that are eligible for the program? A. A number of free standing homes along Lexington Avenue and Blue Gentian Road are also eligible. If the contour increases in size as a consequence of the FAA Stage II phase out rule changes, there may be a few more homes in Country Home Heights within the contour, but these will be relatively few. The following people were present at the neighborhood meetings: tame address. Carol Dozois 2858 Vilas Lane Esther Haluza 2848 Vilas Lane Mark & Gail Schmitz 2804 Pilot Knob Rd. Samuel & Melba Johnson 2779 Pilot Knob Rd. Clifford Larson 2830 Vilas Lane Vivian Jackson 2849 S. Lexington Eugene & Janet Sell 2984 Burnside Ave. Glenn Hintz 2844 Beam Lane Joe Harrison 2811 Beam Lane Paul Pahos 2835 Burnside Ave. Larry Dodds 2829 Burnside Ave. Vernon & Nickie Cole 2977 S. Lexington Ave. Jim Peterson 1041 Kenneth Street Ron Anderson 1073 McKee Street L. Otterness 1059 Kenneth Street Harlan Bluhm 2995 S. Lexington Darrell Lundeen 2985 S. Lexington Virgil Mach 1049 Kenneth St. Olivia Nordin 1060 McKee St. Alfred & Lillian Zieglmeier 1060 McKee St. Robert & Darleen Formanack 1077 McKee St. Ed & Marva Aune 1056 Keefe St. Debbe Garvey 1060 Keefe St. Jeff Herme , 1061 Keefe St. Thomas Gurrola 2842 S. Lexington ARC MINUTES NOVEMBER 12, 1991 PAGE 3 1991 Airport Relations Committee meeting to identify an amount. Wagner stated that it would. MAC PART 150 LAND USE PROGRAM Hohenstein updated the committee and reviewed the progress made at the neighborhood meetings. He stated that a summary of those meetings would be distributed to the committee as soon as possible. He also stated that at a recent Part 150 staff meeting, he had found that Eagan is the only City that is interested in the purchase assurance program. He stated that Minneapolis wants to concentrate their dollars in the sound insulation program to ensure that as many residents as possible receive some benefit rather than spending additional dollars on a purchase assurance program. He indicated that other cities were likewise focussed either on sound insulation or buyouts of neighborhoods. He stated that the principal question before the committee was to identify a method of selection for committing the money to various projects if and when it becomes available. Verble stated that in terms of a method of selection, he felt that some consideration should be given to when a house was bought or built. Martin asked if the value of a house affects the cost of its insulation. Hohenstein stated that the size of the house and the type of construction had more to do with the cost of insulation than the value of the home itself. Mirick stated that some criteria that should be considered include the date of purchase, when there has been any change of marital status and the age of the occupant. It was suggested that it would be interesting to see the demographics of the impacted areas. Hohenstein stated that such information could be provided at the next meeting. Monson stated that it is necessary to be careful on discrimination with respect to age and marital status. Langan stated that the only criteria that would probably be legal to consider would be length of ownership of the home. Otherwise, he indicated that it would probably be necessary to do a simple lottery. Martin asked if there were different hierarchies of choice. Hohenstein stated that some alternatives could be prepared for the committee to review. Langan asked about the time frame for this decision. Hohenstein stated that a final recommendation had to be considered by the committee and the City Council no later than January for submittal to the MAC by January 31. Langan stated that there had been clear indications from the neighborhoods of their preferences and that some alternatives could be prepared for the committee to look at in December. He asked if another alternative should be for the McKee Addition to give priority before Country Home Heights. Hohenstein also indicated that one of the residents suggested that people inside the Ldn 65 get assistance before those outside the contour. Verble asked if the selection method could be different for each of the neighborhoods. 5 ARC MINUTES NOVEMBER 12, 1991 PACE 4 Martin also suggested there were certain process issues such as who would give the points, whether there was any appeal process and who would make the final decision. Langan stated that since it will take decades to buy out any of the areas, it is probably wiser to concentrate the dollars on the lower cost alternatives and help more people sooner. No action was taken on this item at this time and staff was directed to bring certain information and analysis to the December meeting. STAGE II PHASE OUT RULE Hohenstein introduced the item and indicated that Chair Ring had indicated a particular interest in this item but was unable to attend the meeting. By acclamation the item was held over until the December 10, 1991 committee meeting. DUAL TRACK PLANNING PROCESS Hohenstein referred the committee to packet information and provided a brief update on timelines for decisions on the dual track planning process. Hohenstein stated that tracking information was being prepared by the MAC and would be brought to the committee as soon as possible, probably at the January meeting for review. ENAC MEETING Eagan resident Tom Monahan indicated that he was a member of ENAC and had attended the October meeting. He stated that in addition to the candidates forum, a Minneapolis resident named Henry Snyder spoke to the group in support of an L-shaped airport at the University of Minnesota Research Center in Rosemount. He stated that operations had only occurred to and from the northeast and southeast and that they would avoid the populated areas of the metropolitan region. Monahan stated that Mr. Snyder bases his recommendations on economics, not noise. He stated that intercontinental traffic requires 12,000 foot runways and that no runways at the current airport could ever be that long. He also stated that the current airport cannot be nationally and internationally competitive without the additional size. Mirick stated that he had attended a portion of the meeting and that Mr. Snyder had said that with 12,000 foot runways, Minneapolis/St. Paul would be the closest transpolar airport to most parts of the northern hemisphere. Don Grant expanded on the discussion of the L-shaped airport and stated the high-speed rail connections would allow all passenger and freight facilities to remain at the current site. He stated that the design that Mr. Snyder has discussed would require less space than is being considered for the new airport site and that the cost of the facility is estimated to be $1.5 SCP MINUTES OF THE AIRPORT RELATIGNS COMMITTEE Eagan, Minnesota December 10, 1991 A regular meeting of the Eagan Airport Relations Committee was held on Tuesday, December 10, 1991 at 7:00 p.m. Present were Chair Tim Ring, Dustin Mirick, George Martin, Larry Aiderks and Bob Hafvenstein. Absent were Lois Monson, Greg Langan, Randy Verble and Bruce Nauth. Also present was Assistant to the City Administrator Hohenstein. AGENDA Upon motion by Mirick,seconded by Aiderks,all members voting in favor,the agenda was approved as presented. MINUTES Upon motion by Mirick, seconded by Martin, all members voting in favor, the minutes of the November 12, 1991 meeting were approved as presented. MINNESOTA PUBUC LOBBY LAWSUIT REQUEST Hohenstein noted that a representative of MPL had promised to appear but had not yet arrived at the meeting. It was suggested that the item be held over until the representative could be present. Upon motion by Aiderks, seconded by Hafvenstein, all members voting in favor, the MPL lawsuit request was tabled. PART 150 LAND USE PROGRAM Hohenstein Introduced the Item and provided background on the MAC, neighborhood and committee meetings leading up to the matter before the Committee. He stated that the two principal decisions the Committee needed to address were recommendations to the City Council on the type of program to Implement and the method of selection among applicable homes. Hohenstein referenced staff memorandums which outline each of these areas given the City's anticipated 1992 funding level. Mirick asked If the analysis assumed any increase in dollars over time. Hohenstein stated that It did not, but that the ratios would remain similar between the various program options even though the raw numbers would increase. Mirick stated that during neighborhood meetings, a high level of interest was expressed in the purchase assurance program. Hafvenstein asked if the purchase assurance funds came from the City allocation or a different funding source. Hohenstein stated they would have to come from the same City allocation. Chair Ring then opened the matter to the floor for discussion by the public. Renada Rahn, of 3050 South Lexington Avenue, asked how strict the boundaries were since her home Iles just south of the existing Ldn 65 contour. Hohenstein stated that the boundaries were set by the FM and the MAC and that they were very strict. He stated that while the City or the Committee may wish to make programs available to a larger area,the MAC would not permit their funds to be used outside of the contour. Hafvenstein asked how long Ms. Rahn had lived in her home. Ms. Rahn stated that her husband had lived on the property all of his life and that she had lived there for 30 years. S \ • Page 2/EAGAN AIRPORT RELATIONS COMMITTEE December 10, 1991 Martin asked if the program could be used to provide low interest loans so that homeowners could pay the money back and increase the amount of funds available. Hohenstein stated that the program guidelines probably prevented this from being done and that the MAC program was fairly specific in wanting to provide these funds as a grant to homeowners rather than a loan program. Martin asked if the program could be used to leverage private dollars with a homeowner match. Hohenstein stated that this would likely take an amendment to the MAC program since all of the cities to date had been supportive of 100 percent payment by the MAC. Mirick stated that It was his impression there were two general groups of homeowners: one was long tenure residents who are less interested in sound insulation and wanted help • getting out of their homes and the other was younger families who had recently purchased homes in the area and wanted sound insulation. Hohenstein stated that the option before the City is whether to maximize the benefit to specific eligible individuals or to maximize the number of homes benefitted in some way. Mirick suggested that the program Initially offered purchase assurance and sound insulation options with one-third of the funds set aside for purchase assurance and two-thirds set aside for sound insulation. He stated that if purchase assurance funds were not used, they should revert to a sound insulation program in any given year. Ring stated that he could agree to that approach, but he leaned more toward a 50-50 split for the funds. Hafvenstein asked if one home in a purchase assurance program did not sell and had to be purchased out of the City's allocation, whether the sound insulation program for the community would be held up until the house was sold. Hohenstein stated it would be his understanding of the current program that this would be the case. Martin stated that while it doesn't guarantee a sale, the sound insulation program does help put a home more on par with other homes and will help other residents sell their property over the term of the Part 150 Program. He stated that he would support sound insulation only as a means to get assistance to as many people as possible as soon as possible. Hafvenstein asked If the program could be amended in the future. Hohenstein stated it was his perception that it could be, but he would check with the MAC to be certain. Alderks stated the greatest problem before the City Is that the noise nuisance is a large problem and we are dealing with a very scarce resource in terms of the dollars available. Hafvenstein stated that he does not believe that sound insulation is the only appropriate option to the City, but that he would hate to see all the money for the program tied up because one home did not sell within the allotted time period. He stated that sound Insulation is the best way to help the most people. Ring then suggested that the Committee discuss the criteria of selection between eligible homes. Hafvenstein asked how one would choose an appropriate length of tenure for priority within the program. Hohenstein suggested that it would be most appropriate to choose an event and relate it to a date. That event could be the introduction of jet aircraft to the fleet in the early 1960's, the development of the preferential runway system In 1972, the deregulation of the airline industry in 1978 or the significant expansion in traffic at Minneapolis St. Paul International Airport in 1982. He stated that anyone who lived in their homes prior to one of those events might be given higher priority in such a rated scheme. Hafvenstein stated that anything other than a simple lottery would expose the City to a lawsuit. Ring stated that regardless of the history of the problem, everyone has the same problem now. Martin asked If the lottery would be an annual event or if people could maintain their priority over time. Hohenstein responded that could be a decision of the City. Chair Ring opened the discussion to the public. Al Drenckhahn, of 2811 Pivot Knob Road, stated that he has aircraft right overhead and suggested the program start with homes closest to the corridor and move out. He stated that he was a 30 year resident of that home. Hohenstein stated that was a possible approach, but that so many of the homes in Eagan were so close to the same level of impact that It might 5 Page 3/EAGAN AIRPORT RELATIONS COMMITTEE December 10, 1991 be a somewhat artificial approach to the problem. Ring stated that any system besides a simple lottery was bound to be criticized. Martin stated that since the Committee had taken several meetings to consider this matter,the City Council might require more than one meeting as well. He stated that as a consequence, the Committee should move forward with a recommendation in December If possible permitting the Council to consider it at both January meetings rather than be forced to a decision at one meeting to meet the MAC deadline of January 31. Ring suggested the Council receive a report of the recommendation on an informative basis at its December 17 meeting and that It be placed on the agenda for January 7, 1992. Mirick moved, Aiderks seconded a recommendation to offer sound insulation and purchase assurance to Eagan residents with two-thirds of the City's funding allocation being applied to sound allocation and one-third being applied to purchase assurance in any given year,with the condition that any purchase assurance money not used in a given year could be used for sound insulation. The motion failed one vote to four. Hafvenstein stated that he agreed with the general concept of providing purchase assurance if sufficient money were available, but feared that a combination of programs might tie up necessary money to assist other eligible homes. Martin agreed and stated that the City's goal should be to maximize the benefit to the public to the greatest extent possible. Upon motion by Hafvenstein, seconded by Martin on a vote of three to two, the Committee recommended that the City Council request that the MAC use Part 150 Program funds for sound insulation only and that the eligible homes be chosen through a simple lottery of those applying for the program in any given year. MINNESOTA PUBLIC LOBBY LAWSUIT REQUEST Hohenstein noted that Gary Wagner of MPL had arrived and the item was taken from the table for further discussion. Hohenstein introduced Mr. Wagner and the background of the Committee on previous discussion in this regard. Hafvenstein asked Mr. Wagner who is currently supporting the lawsuit financially. Wagner responded that the South Metro Airport Action Coalition is a co-plaintiff and that they have hired a professional fundraiser to raise a$10,000 pledge toward the lawsuit. He stated further that neighborhoods in South Minneapolis have committed another$1,000 to$2,000. He stated that the Eagan Noise Abatement Council is also a co-plaintiff and that it has committed one-half of its 1992 budget to the suit. He stated that MPL has yet to receive any commitments from any cities and that Its discussions with Eagan are farther along than they are with other cities. He stated that St. Louis Park is reluctant to be the first city to join. he stated that Mendota Heights is developing a report to its City Council to be considered at some point in late December or early January. He indicated that MPL can handle the remainder of the costs, but it will be a financial strain since the organization is member supported. He stated that the MPL Board has suggested a contribution amount for city participants, but that it will accept any level of assistance. He stated that the level of assistance suggested by MPL Board is$1 per capita or approximately $50,000 from the City of Eagan. He stated that the organization is drafting a memorandum of agreement for organizations and cities that participate stating that all dollars raised would be committed to litigation and lobbying on the issue. °\ Agenda Information Memo January 7, 1992 City Council Meeting VARIANCE/PYLON SIGN/CLIFF ROAD MACDONALDS C. Variance, Nordquist Sign Company, of 23' to the 27' Pylon Sign Maximum Height, Located North of Cliff Road and West of Nicols Road—An application has been received of Nordquist Sign Company on behalf of the MacDonalds Corporation and their restaurant located at 4565 Erin Lane. The application relates to their interest in erecting a 50 foot pylon sign which would require a 23 foot variance to the existing 27 foot pylon sign maximum height. For additional information with respect to this application, please refer to the Community Development Department staff report which is enclosed on pages C L through (o 2 for your review. This application had been previously scheduled to be considered by the City Council at its December 17, 1991 meeting, but was continued at the request of the applicant. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 23 foot variance from the 27 foot pylon sign maximum height for Nordquist Sign Company for a MacDonalds Restaurant sign located north of Cliff Road and west of Nicols Road as presented. (Qo SUBJECT: VARIANCE APPLICANT: NORDQUIST SIGN COMPANY LOCATION: 4565 ERIN LANE (LOT 1, BLOCK 1, MARL ACRES) EXISTING ZONING: COMMUNITY SHOPPING CENTER (CSC) • DATE OF PUBLIC HEARING: DECEMBER 17, 1991 DATE OF REPORT: DECEMBER 5, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance of 23' to the City Code allowed pylon sign maximum height of 27'. The sign is located north of Cliff Road and west of Nicols Road. COMMENTS: Nordquist Sign Company is representing McDonalds Corporation. According to the applicant, the existing 27' pylon sign was installed prior to the upgrade of State Highway 77(Cedar Avenue)and due to this construction,visibility from Cedar Avenue is severely restricted. Also, when the restaurant was built in 1981, McDonalds understood that there would be no additional curb cuts south of Erin Lane. Since this time, properties south of Erin Lane have added curb cuts that the applicant believes have provided visual competition that adversely affects the readability of the McDonalds sign. In addition, the applicant states the Amoco station which is less than a mile away from McDonalds has been allowed a 50'pylon sign. However,the situations are not identical; the Amoco property abuts state highway right-of-way while the McDonalds property has a building between it and Cedar Avenue and the proximity to the highway right-of-way ranges from 150' to 350'. The City Code states, "No pylon sign shall project more than 27'above the lot level, roadway level, or a specified point between the two levels as determined by the Council. The level used shall be based upon visibility factors from adjacent roadway(s)." If approved, this Variance shall be subject to the following: 1. No other Variances shall be granted for this site. 2. All other applicable Ordinances are adhered to. /17 ii,*/' . \\ 1 v I %zoo,' 0, .--V A'',,, . , / 4' / %//,// 4477 , A / ,/ ,, ,..--G:3) I ,,1 7. lic 11'4'j:il I 11_11:.1... 4 c),..- tr.- '-' • I., < 3:-._. _a i r l �t�Oo ¢ I ' i1i I U1 •. ,4.11 � i ' II i Ali' ` a1,1/ 1 . _ / 1/1 t i • . 1 1 :� a 0 1C. I 1 CJ 1 lI c 1 / _ II, ,1 ", , PO 1 ,1 11 i P _ , I 1, .�1 �1 1 yIi I' 1 I: Fratrrs:-rsavrr=rrsrr ' / I � t " 11 t: p T 1 .It - -- - ' J I 1 ', I. 11 l� * Il 1 I. C r 11.,'"' V\ d 1 1, •11 1L;1, ,I 1. I 1, G 1 I 1, a I , 11 E I 11 11 11, ( 1, C I _ 1 3 r"' `. I III 4■. 11 11 ` �1 ` 4 1 1 ( 1 _ 1, 1� i0 III \ z 4 ,j I, A ;,i 1 1, 4Q� ,11 11 N. 1 11 •0.: \ a\ 11 4 , i 1 1 1 1 ' 1 '1 I, 4ZS ` i I I j 11 n 1 1 I' I 1 1'i i j'I� •- - 1. n , ' - t . .. , •4 e /� � � d U ,� _ '1 I. I JII I I' I1 IGoLS 12ta*D 1 a 1 1 - - --_ti— — — --r -- r--,— — — ---5 — ——vT- —�7, — ..--- --) -- // 4 1' \ I +---- I' 1 , �1' ,�_ �, I �1 Is I i f l 1' Precisio ) �I ? 19, . cDonal• - tJ 11 11 ? - �/ • 1 �/ �� -- - a/ I; Tune i , I ' f _� I , 1 •p 11 O L • -'_ _J )1 . AP'."4„, Q �E •- A - i, t I ( I I , IL-4 ' I I •Y l r i' I 1 I �' ,� • I) r 1 _ / / L �_,: �/ aL,_—? . - ', • A i Office _ . _ •. '' / 11 I ILL,--\,--� i i,'' ,� — — `� . I \ l ' -- — t f 1 .I i — • - 'State Highway — - ' ' . 'T i - I ,'r' .�= ' 1 - ' � , ,'� R—O—W 1 1 I I ' _ _ ,�/ t 1 I ` --- - - _i ---> :�' L \ .1 4. 1 i ' ' 1 11 1 I• Agenda Information Memo January 7, 1992 City Council Meeting CONDITIONAL USE PERMIT/STABLES LICENSE/DIAMOND T RANCH D. Conditional Use Permit and Stables License, Diamond T Ranch, to Allow a Riding Stable and Boarding Stable in an AG (Agricultural) District on Parcel 011-75 Located Along the West Side of Pilot Knob Road, South of Cliff Road in the Southeast Quarter of Section 33--At its meeting of December 19, 1991, the Advisory Planning Commission considered an application for a conditional use permit to allow Diamond T Ranch to operate a horse riding and boarding stable facility at the above-referenced location. For additional information with respect to this application, please refer to the Community Development Department staff �wP�ort which ' nclosed on pages througlj..for your review. Also enclosed on pages6,othrough is a supplemental memo from Community Development with respect o a nei b ing resident's concern regarding this application. Also enclosed on pages a through is a copy of the APC minutes in this regard. The Commission is recommending approval of the conditional use permit application. Also enclosed on pageTis a copy of a stables license application in this regard. The Police Department has reviewed the application and has identified no reason for denying it at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) a conditional use permit and 2) stables license for the Diamond T Ranch to allow a riding and boarding stable at the above-referenced location as presented. t) 5 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: DIAMOND T RANCH JERRY THOMAS LOCATION: PARCEL 011 75, SE 1/4 SECTION 33 EXISTING ZONING: A (AGRICULTURAL) DATE OF PUBLIC HEARING: DECEMBER 19, 1991 • DATE OF REPORT: DECEMBER 12, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow a horse riding and boarding stable facility in an (Ag) Agricultural zoned district on Parcel 011 75, Section 33, located along the west side of Pilot Knob Road south of Cliff Road. The Comprehensive Guide Plan designates this area D-I (Single Family, 0-3 units/acre). COMMENTS: In May 1980, the City Council approved the original Conditional Use Permit for a ten-year period. While reviewing old files for Conditional Use compliance and relevance, it was noted that there was an expiration date on this application. This was not commonly done years ago; typically Conditional Use Permits ran with the land as long as all conditions of approval were being satisfied. Only in the past two years with the revised Conditional Use Permit Code amendment, have time periods been addressed. The City Code also requires licensing for this type of facility on an annual basis (similar to the liquor license process). The licensing application will be processed concurrently with this application. The location of the Diamond T Ranch in Eagan is unique since County equestrian trails can be utilized as well as those on the ranch itself. Over the past year, City staff has been working cooperatively with the Diamond T Ranch in an effort to reduce the runoff that drains to the south eventually reaching Lebanon Hills Park and to the north flowing to Thomas Lake. The water resources coordinator wishes to continue monitoring the runoff over the next couple of years to help lessen the potential water degradation of those significant water bodies. (..e4 FINANCIAL OBLIGATION - 33-CU-21-11-91 10-03300-011-75 10-03400-020-50 Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. Improvement Project Use Rate Quantity Amount None +� No charges are proposed because of the absence of water and storm sewer trunk improvements in the area. In addition, no connections are proposed to be made to the utility system. There is presently pending on the properties, assessments totaling$34,657. These assessments are pending as the result of the upgrade of Pilot Knob Road under Project 590. CONDITIONS OF APPROVAL: 1. All applicable Codes shall be adhered to. 2. The Conditional Use Permit shall be recorded with documentation provided to the City within 60 days of Council action. 3. The Conditional Use Permit shall have a five-year period with informal staff review of compliance with the conditions yearly. 4. The Diamond T Ranch shall meet all state environmental and water quality standards. 5. All City licensing provisions shall be adhered to. 6. All City fencing requirements shall be adhered to. MEMORANDUM TO: Tom Hedges, City Administrator Dale Runkle, Director of Community Development FROM: Jim Sturm, City Planner DATE: December 30, 1991 RE: Conditional Use Permit At the December 19, 1991 Advisory Planning Commission meeting the Conditional Use Permit to continue allowing horse riding and stabling at the Diamond T ranch was unanimously approved. There was little discussion by the commission and only one resident was in attendance. Her concern dealt with runoff from the ranch, and the street connection from the Brittany 9th Addition to the north (see attached map) along Wellington Way. The Engineering Department will be able to respond to that issue at the City Council meeting. If you would like additional information please contact me. City Planner JS/ST LQ6 S'.'.' ‘• .... es -: r - .1.91 ars ..r.. r ,.,. . a• • I - •D - • _ &.... ... SOO\ f I . '-'t.,. r ; • ! ... • f .0 bl : . 'WM'. — – IN I i : ri .. % 5 WINDSOR • r- . " . •URT ; .••' .. SIIIMN %41.1), 64 ; )'"X.: OD * - ..• . - 1 1• ' AM.44, ,II, , 11111V 0- ; 7 • " 1 Z r. 111111w. - - __„4-0.,", •,. a A ..e." . . `" --- . - ••' , • l'" •..< .0., "' , •• - •, v... ; ...,.. . w..o' cigeo,Euzain_ al_t_51 • 61,140N O -' " ' 1 ' ** 1 1. 11" 111 ' . A• i. r : I : ' ' :-. -•*- a ...ICA", .....,t ' ,1 0 I 5 ' •., + a . Af . 0- ), -• -... ma s. Ne. 4 "'" : ... , tl . -i• .. . t\ e „... *; ,, ,,• . . ._ .• • „. . ,„ .., . ...,.. t - I . . . ..... .. . -. :/0- - , i - -,,7'.....,1• i 1 i . NN,, - ' z g it . ;IR I/ • i ‘ist, • .., -ci-ig -4 .: 7, 1 $ • , „..,,- so r e., . . ss . 9 .1 r sa I b till 27 . .... /# ' I • .... vile ' a '.,..:.•- - 47 -e,: 1.-..... : tmrere Z - ..44'.--. '•' I1. •9:. ._ ( 1)•- rn• , le . . 1' I . (j2 1 -■.• EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 19, 1991 CONDITIONAL USE PJRJtIT DiU1tOWD T RANG i Acting Chairman Voracek opened tae first public hearing of the evening regarding a conditionaneitstoiallow aaridingland5 boarding stable in an AG (Agricultural) located along the west Section Pilot Knob Road, south of Cliff Road, in the SE 1/4 of w City Planner Sturm stated that Diamond T Ronoh's 10-year for Conditional oaf! Permit has expired and they are now apillyyigto reduce another one. City staff has been working with the applicant the runoff that drains from the Diamond T Ranch site to the lsmith catt and north. The City would like to continue working with the applicant the next few years to monitor the runoff issue. City staff recommended that the Conditional Use Permit be renewed for a five year period. Jerry Thomas, tho applicant, stated that Diamond T Ranch has been in their trt enarea. Hestated2he Wassavailab eltolanswerrany throughout th questions. Mary Justin, 1523 Wellington Way, expressed her concern that in the spring runoff from Diamond T Ranch flows down her street. Assistant City Engineer Mike Foertsch stated that he could review a contour map to help locate where the runoff could possibly be originating from. Ms. Justin further asked how many horses would be stabled at Diamond T Ranch. She also stated that she has noticed manure on the trails of Lebanon Hills Park. She was not sure if the manure was on a designated horse trail or a pedestrian trail . City Planner Sturm stated that City staff is recommending that there be no limit to the number of horses located on the site because that number fluctuates Acting Chairman Voranek stated that Ms. Justin should contact the Park and Recreation Department regarding the manure that is on the trails. Markley moved, Trygg seconded, a motion to approve a conditional use permit to allow a riding and boarding stable in an AG (Agrinultural) district on parcel 011-75 located along the west side of Pilot Knob Road, south of Cliff Road, in the SE 1/4 of section 33, subject to the following conditions: 1. All applicable Codes shall be adhered to. 2. The Conditional Use Permit shall be recorded with documentation provided to the City within 60 days of Council action. 3. The Conditional use Permit shall have a five-year period with informal stmff review of compliance with the conditions yearly. 4 . The Diamond T Ranch shall meet all state environmental and water quality standards. 5. All City licensing provisions shall be adhered to. 6. All C1Ly fencing requiremontc shall be adhered to. All present voted in favor. f $50 License fee 3830 Pilot Knob Road ✓New Renewal Eagan, MN 55122-1897 CITY OF EAGAN Application for Stables License Stable definition: Any yard, pen, building, structure or place where hoofed animals are kept for the purpose of renting, leasing or providing them to others for a consideration. PLEASE PRINT Q APPLICANT m�0c1� V 7 OWNER'S NAME f// 7S 41 'Y L a Last First' Middllee� Last First Middle Address 75-, '/ (09 (`�/Z /G'� Address ��-S �(�� o� /� Street Street �!� L�— City State Zip City State bp Phone ,/ hdate 0/ (/3/ Phone 2-340Birthdate D/ l/ 3 TRADE NAME Dm---41 0 A/© r #NVy MANAGER'SNAME7-A, First Middle Address 48fi I l Address X' SQet Street City State Zip City State Zip Phone 4.1.2)Xi-57.--f VC 5/ Phone Birthdate _C/ HEREBY APPLIES FOR A STABLES LICENSE for the year (?jam . Number of acres at this location: C(6) acres. Number of years at this location: ( ( years. Are you the owner of the property of the business location? 1/Yes No if no, No. acres lease Owner name,address&phone number Are any taxes, assessments or utility hills for the premises unpaid or deliquent? _Yes Vo Dated 124276r Signature of Applicant THE LICENSE IS ISSUED FOR A CALENDAR YEAR P--10D (J' ..-DEC.) AND THE FEE IS NOT PRORATED. FAILURE TO PROVIDE TRUE AND COR- CT INFORMATION SHALL CONSTITUTE A VIOLATION OF THE ORDINANCE IN QUESTION;AND I ADDITION TO PENALTIES,THE LICENSE OF AN APPLICANT MAY BE REVOKED. For City Use Only Police Approval: �; .i t�-�L,' gt-y) Date 1' 7/ City Council A C y Co Approval: Date 12.91 Agenda Information Memo January 7, 1991 City Council Meeting CONDITIONAL USE PERMIT/NITTI DISPOSAL/OUTDOOR STORAGE E. Conditional Use Permit,Nitti Disposal, Inc., to Allow Outdoor Storage in an LI (Light Industrial) District on Lot 8, Block 1, Sibley Terminal Industrial Park Located West of Highway 13, North of Yankee Doodle Road in the SE 1/4 of Section 8—At its meeting of December 19, 1991, the Advisory Planning Commission met and considered an applications for a conditional use permit by Nitti Disposal, Inc., for outside storage of recyclable materials. For additional information with respect to this item, please refer to the Community Development Department staff report which is enclosed on ge() through (1for your review. Also enclosed on pages '"'1 through' a is a copy of the Advisory Planning Commission minutes with respect to this item. The APC is recommending approval subject to the indicated conditions. Subsequent to the planning commission meeting, the applicant met with City staff to further discuss the conditions in the report. The outcome of that meeting is_acil•: -, in the supplemental Community Development Department memorandum on p , b . The applicant has requested a continuance of this item until the February 4, 1992 ity Council meeting to further address compliance with the indicated conditions. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a continuance of the subject application to the February 4, 1992 City Council meeting. SUBJECT: CONDITIONAL USE PERMIT APPLICANT: NITTI DISPOSAL INC LOCATION: 3291 TERMINAL DRIVE (LOT 8, BLOCK 1, SIBLEY TERMINAL IND PK) EXISTING ZONING: LIGHT INDUSTRIAL (L-I) DATE OF PUBLIC HEARING: DECEMBER 19, 1991 DATE OF REPORT: DECEMBER 9, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow outside storage on Light Industrial zoned property located on Lot 8, Block 1, Sibley Terminal Industrial Park, just north of the Yankee Doodle Road and Terminal Drive intersection. COMMENTS: Nitti Disposal Inc. has been operating in Eagan since January 3, 1991. In addition to the refuse hauling business, Nitti Disposal is operating a transfer station for recyclables. The applicant has yet to receive approval for its transfer station permit from Dakota County. The County has been reviewing the application for several months. Keeping these materials outside requires a Conditional Use Permit which the applicant is seeking to allow for the storage of glass, plastic, cardboard, newspaper, and aluminum and tin. These items are currently being contained behind the building. These storage areas are open air on top and in front and enclosed on three sides by concrete block. Staff has health and safety concerns with this situation because the materials stored are subject to elements of weather, as well as rodents and/or vermin. These items should be completely enclosed while being stored. In addition, hazardous waste should not be allowed at this site; all material brought to and from this site should be covered while being transported and the operation should comply with all federal, state, and county guidelines. GRADING/DRAINAGE/EROSION CONTROL: Lot 8 of Block 1 of Sibley Terminal Industrial Park has been graded to serve the building and parking lots on the site. The south half along Terminal Drive which contains the building and bituminous parking lots has a steep slope that drains to the street. The north half of the site which contains the gravel parking lot is fairly flat. The City has a public 21" storm sewer line along the north edge and a 15" storm sewer line along the east edge of Lot 8. The storm sewer lines that serve this area drain to Pond CP-8, which is a Class VII Stormwater Basin in the City's Water Quality Management Plan. Pond CP-8 is a designated ponding area in the City's Comprehensive Storm Drainage Plan and the pond is located on City owned property. The drainage from the site that will be conveyed to the City's storm sewer should be monitored to see how much debris from the recycling transfer center washes into the City's storm sewer. Currently, the applicant is storing the materials outside. The site contains bags of leaves stored in piles, plus bins with paper, glass, plastics and cans stored in them. The runoff from the site can carry leaves, paper and other debris to the City's storm sewer and the debris can plug up the storm sewer and degrade the water quality of the downstream ponds. The design of the upgraded parking lot shall prevent debris from the recycling transfer center from washing into the City storm sewer. Also, during the upgrading of the parking lot, the development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. UTILITIES: A 9" sanitary sewer and a 12" trunk water main are located in Terminal Drive and these lines provide service to the existing building. The existing hydrant located along the south edge of Lot 8 provides fire protection to the existing building. STREETS/ACCESS/CIRCULATION: The access to Lot 8 is off of Terminal Drive from two existing driveway openings. City staff recommends that the entire parking lot be upgraded to include concrete curb and gutter around the outside perimeter of the lot to control drainage and to define the limits of where vehicles and storage bins will be stored. Also, the parking lot shall be upgraded to current City standards by constructing a bituminous or concrete surface over the entire lot. FINANCIAL OBLIGATION - 8-CU-15-11.91 Lot 8, Block 1, Sibley Terminal Industrial Park 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 If approved this Conditional Use Permit is subject to the following: 1. All recyclables shall be stored in completely enclosed areas. 2. All material brought to and from the site shall be covered while being transported. 3. No hazardous waste shall be allowed on site. 4. All federal, state, and county guidelines shall be met. • 5. The City of Eagan approval is subject to approval by the Metropolitan Pollution Control Agency (MPCA) and Dakota County. 6. Applicant shall provide written documentation to the City of MPCA and Dakota County approval. 7. The applicant shall record the Conditional Use Permit with the County with proof provided to the City within 60 days of approval by the City Council. 8. All other applicable Ordinances shall be adhered to. 9. A detailed grading, drainage, erosion and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to issuance of a grading permit or building permit. 10. The storm sewer layout for this site shall be designed in accordance with the City's Stormwater Management Plan and Water Quality Management Plan. 11. Current City Code requires that parking lots shall be surfaced with bituminous or concrete and the edge of the parking lot shall be constructed with a concrete curb and gutter to contain all vehicles and to convey surface water runoff to the proposed storm sewer. 12. The design of the upgraded parking lot shall prevent debris from the recycling transfer center from washing into the City storm sewer. • n4 r Nom- --- — 1-- - J I — N --a— 7 0 eery u ,s. f, p � ' •��-wo„ • : x•'/;'7'/1 .7 »i_.f y7 Ca ``); --�_ +S h` s h' Vi ..-›....-------"-: 1 •m ` 1 0 d 10 <-� J .. ,:s7 * ›-...[ tpa 4,- / y~ - /71 i (...1'\.......„,.....).„::: 0 g 1 i. -------.%-:-.1.---' '...*----'...--.--:. .11... ', . o t LO .'' :..V.,.i,..,. l.'.,r,..... .,.... rk...'N s i ''.- 3 , :' �ti �••, f „-,.. .,1-.. '••:�:: 5y O / n'' to%•••••:•:••:0•0•A•••••:••:••••••:••••••.. It. / N ;T r V. 1 /1v SQL I /h~ . I CC ‘NNN4- 5.:.? b *4-_.::,,:•?`• " .1X• .3 a. t: ,r \dam N, i 4 �, ... g,"? V:41 %.:C°.<,; N . NNN 1 •.4;.L•;:::..,..2... ....t.....;.% . IN. 0 \ J 4`• 4. O Iv N J Z"a a F fi ya 4./P; r; \. r N t' W ..t: \'; • 7 / vl s .5.- 4' o ss e °'. d .. r ..-\ • I r___ I I : i .\ ∎•:. . z • i u! at o N _1 4 J 4 N o CA■ N , it:1 . TM f _ I . ........_........... ---------.'----"----"----.------------<\1c........-----".--......... 7ERN4t 6 r t /.1 (CI EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 19, 1991 CONDITIONAL USE PERMIT NITTI DISPOSAL INC. Acting Chairman Voracek opened the last public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage in a LI (Light Industrial) district on Lot 8, Block 1, Sibley Terminal Industrial Park located west of Highway 13 north of Yankee Doodle Road in the SE 1/4 of Section 8. - City Planner Sturm stated that a major concern with this application is the material that is being stored could cause contamination, rodents, bees, etc. City staff feels that this material should be completely enclosed. The parking lot should also be upgraded to current City standards. George Nitti, the applicant, stated that contamination and rodents is not a problem because the material they are storing has a very high turnover rate. The material usually is moved out approximately every two days. He stated that he has never seen a rodent on the property, but admitted that there probably are some bees. Member Merkley asked if building a large metal shed would be economically feasible. Mr. Nitti replied that recycling is not a money maker. Last year they lost $10, 000. 00. He felt that building a new shed would not be feasible. Hoeft moved, Trygg seconded, the motion to approve a Conditional Use Permit to allow outdoor storage in a LI (Light Industrial) district on Lot 8, Block 1, Sibley Terminal Industrial Park located west of Highway 13 north of Yankee Doodle Road in the SE 1/4 of Section 8, subject to the following conditions: 1. All recyclables shall be stored in completely enclosed areas. 2. All material brought to and from the site shall be covered while being transported. 3 . No hazardous waste shall be allowed on site. EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 19, 1991 4. All federal, state, and county guidelines shall be met. 5. The City of Eagan approval is subject to approval by the Metropolitan Pollution Control Agency (MPCA) and Dakota County. 6. Applicant shall provide written documentation to the City of MPCA and Dakota County approval. 7. The applicant shall record the Conditional Use Permit with the County with proof provided to the City within 60 days of approval by the City Council. 8 . All other applicable Ordinances shall be adhered to. 9. A detailed grading, drainage, erosion and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to issuance of a grading permit or building permit. 10. The storm sewer layout for this site shall be designed in accordance with the City's Stormwater Management Plan and Water Quality Management Plan. 11. Current City Code requires that parking lots shall be surfaced with bituminous or concrete and the edge of the parking lot shall be constructed with a concrete curb and gutter to contain all vehicles and to convey surface water runoff to the proposed storm sewer. 12 . The design of the upgraded parking lot shall prevent debris from the recycling transfer center from washing into the City storm sewer. All present voted in favor. Reduce-Reuse-Recycle, 4/451-143i / RUSSELL P.SCHWEIHS Chief Executive Officer December 31, 1991 City of Eagan Community Development Department Mr. Mike Ridley 3830 Piolt Knob Rd. Eagan, Mn 55122 Dear Mr. Ridley: Reference is made to our meeting today regarding the status of our Conditional Use Permit Application. After meeting with you and representatives from the MPCA and Dakota County, I am confident that the remaining issues can be resolved. As we discussed, additional time will be required to accomplish this. Therefore, I request a continuance to the February 4, 1992 City Council meeting. Should you have any questions, feel free to contact me at your earliest con- venience. Sincerely, Russell Schweihs RS/jb 3291 Terminal Drive • Eagan, Minnesota 5 21 • (612) 451-1421 • Fax 452-9156 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: JANUARY 2, 1992 RE: CONDITIONAL USE PERMIT NITTI DISPOSAL INC At the December 19 Advisory Planning Commission meeting, the Conditional Use Permit to allow outdoor storage of recyclable materials for Nitti Disposal was approved subject to all conditions within the staff report. The location of the site is along the west side of Terminal Drive. There was no public comment. The Commission was concerned that the recycled materials were not being proposed to be fully enclosed. It was also noted that the existing facility would require a Conditional Use Permit for the outdoor storage of trucks, trash enclosures, and roll offs. It was noted that Knutson Rubbish in Rosemount has its recycling operation totally in a building. A meeting was held on December 31 with the applicant and the Minnesota Pollution Control Agency (MPCA) officials to discuss this application. The state also shares the same concerns as the City. After that meeting, the City received a letter requesting a continuance of this application until the February 4 Council meeting to allow more time to address the conditions approved by the APC. If you would like additional information, please contact me. City Planner JS/js I MINUtES OF A REGULAR MEETING OF THE EAGAN,CITY COUNCIL •:•:-:-...:Eagan,Minnesota :*::: Deceinhor 17,1.991 A regular meeting of the Eagan dii: * arokiklia4:4 Tuesday,December 17,1991,at the Eagan Municipal Center. Present were Mayor Egg.ikand Councihnembers Wachter,Gustafson,McCrea,and Pawlenty. Also present were City Administrator *Ate& Community Development Director Dale Runkle, Director of Public Works Tom Colbert,and City Attorney James Sheldon. 0.3 City Administrator Hedges advised:the City Connell that Personnel Items 4-7 had been added to the ••••••• Consent Agenda. :•:•::.: Wachter moved,Pawlenty seconded,a motion to approve the agenda for the December 17,1991,regular City Council meeting as amended. Aye S Nay: Pawlenty moved,McCrea seconded,a motion to approve the minutes for the December 3,1991,regular City Council meeting as presented. Aye: 5 Nay: 0 PRI,APMMONWNESS:' PUBLIC WORKS DEPART/A4Iliiiiii*LiDGE VOLUNTEER SERVICES • • :•:•:. ••••• Joseph Connolly retired from the City:as its Superintendent of Utilities on September 20. Since that time he has served as a Consultant/Projed:Mie4erH:fpF..the Water Treatment Plant which was completed November 29. When asked to present an invoice foiiiiii***endered,Mr.Connolly indicated his desire to donate the 80+ hours of professional contractual time ioth City in appreciation for his '21 years of employment with the City of Eagan." The City Council acknowledged Mr.Connolly's generous donation and expressed their gratitude on behalf of the citizens of Eagan. "•'•• Councilmember Wachter asked a.#0000.4geeliffi*Ctegarding several items on the Consent Agenda but his biggest concerns were in regard to Item the 1991 Fee Schedule for the Consulting Engineers' Contracts. (Because Short-Elliott-Heniiiiikson's iiiiiract runs from April 1991 to April 1992, it was not considered at this time). The Councilmewber questioned why one consultant's fees were so much higher than the other. The City Council asked staft:**praywi*aaaly* of the fees so that comparisons can be made between like services Councilmember 00iiii*OijOiiiiii*itiOier the analysis one firm is still significantly higher than the other,efforts should be made to fin anoihé lore competitive company. A- bfflollittlifilln Item 1. 1992 Wages&Beseffts :1110'ipining Employees—It was recommended that the proposed compensation and benefits adj4*ii plan for iii0frllective bargaining employees be approved as presented. :•:•:•:•:! •:•:•:•:. •:•:•:. Item 2. Patrol Officer/Pollee 1140.1,4147. ded that the hiring of Judy Dretzke as a Police Department Patrol Officer be apPtiikei##B4liiiiNi410.*1992,and that recruitment of a replacement Community Services Officer be "*. Page 2/EAGAN CITY COUNCIL MINUTES December 17, 1991 Item 3. Winter Recreation Leadesiiii t was recommended that the hiring of Mike Bland,Steve Cramer, Martha Henderson, Roger Johnson, Chad bri::Wis:::: rson, David Lilja, Matthew Marxer, Michael Marxer,Jason Myrlie,Joe Rossini,Mark St ae :Ross: iS ; 'om Wise,Nathan Young,Benita Soller and Richard Homes be hired as temporary seasonal recreation leaders for the 1991/1992 winter recreation season. Item 4. Police Collective Bargaitilg Agreement, 1992/1993--It was recommended that the Police Collective Bargaining Agreement for 1992 and 1993 be approved subject to ratification by the bargaining unit for the contract. Item S. Sergeants' Collective .Bargaining Agreement, 1992/1993--It was recommended that the Sergeants' Collective Bargaining Agreenwnt for 1992•and 1993 be approved. Item 6. Utilities Supervisor—It.was recommended that the hiring of Kelley Janes as Utilities Supervisor (Sewer Section) be approved.'' Item 7. Pre-School Program :was ••i••i•i tied that the hiring of Elizabeth Ahlers as a seasonal pre-school program instructor be approved. B. LI! : 'r It was recommended that the engagement letter wlth::Deloitte & Touche to provide auditing and arbitrage rebate calculation services for the year ende.CDOeii.ii4r 31, 1991, be approved and the City Clerk authorized to execute acceptance on C. Aru3a1 Revenue Fdu4,;Badset It was recommended that the 1992 special revenuefUnd:.budgets and the transfer of assets from the senior housing fund to the 1980 single family mortgage revetiiie::pond redemption fund be approved. D. BitBEIBILCILTABIlkligiESI It was recommended that the 1992 cigarette licenses be approved as presented in Exhibit A. E. It was recommended that the 1992:t+efuse liaafi!rr licenses be approved as presented in Exhibit B. F. Renewal.Pet Shop Licenses i:::::::: It was recommended that 1992 pet shop licenses be ipproved for Heartland Pets and Town Centre Pets as presented,subject to the payment of the$100 license fee. BallfiligarialdidnissuctrAminsticalages • It was recommended that the 1992*ii*lnt*it#i e:i%ontractors licenses be approved for. 1)Ark Tree :S:& Service,2)Henning&Rohde Associates,X} S Tree Speiists,and Gary Amundsen Tree Removal,subject to completion of the application,submittal of the required do can entation and the$25 license fee. • Page 3/EAGAN CITY COUNCIL MINUTES December 17, 1991 H. license.Off-Sale Bear.Tom Thumb#273.Change of Address from 4130 Blackhawk"toad to 1815 It was recommended that an o&salie beer license for'tom Thumb Store#273,1815 Dilfiey Road,be approved. L l ward Contract. Track It was recommended that the bids be received and the contract for the flusher truck be awarded to Ruffridge-Johnson, Inc.,for the Volvo chassis unit as presented. It was recommended that the resolution`•eiibceling the existing mutual aid agrement for police personnel and equipment be approved and::a:n ew:nutnal:*14 agi'eement executed for 1992. S. Contract 92.02.Receive Bids/Award Cont ract(Gaaington Avenue&Illackbawk Cove- Station For action on this item,refer to the Miscellaneous Items on page It was recommended that Change Order 010 to. ntract 89-13 (Cliff Road Water Treatment Plant) hangs ... .. . be approved and the Mayor and City Clerk iorized 4:execute all related documents. M., - M _�, %it s ,i r. • It was recommended that the 4th and final paymentto: atn Construction Company for Contract 90-13 (Effress Addition & Pond JP-67-Storm Sewer) be approved in the amount of$7,322.87 and final acceptance authorized subject to appropriate warranty provisions. N. 41 it , .• it _r, 1,- _ � �lii , •_ It was recommended that the 4th:a id i$nal'i* eat to Fredrickson Excavating,Inc.,for Contract 90-11 (Park Center&Rusten Road-Streets& 3titities)be:hpproved in the amount of$5,391.50 and final acceptance authorized subject to appropriate warranty.proviskui • Q ' Addition-Streets &Utilitks) ... ... ... It was recommended that completion of Contract 89-T (Lexington Paiute 4th Addition - Streets & Utilities) be acknowledged and final acceptance authorized subject to appropriate warranty provisions. • t • ..t.' _!t._!_- .1� '"a_�'....J.a, _ <.. __^ .,-. tt'_ r1L\ u. + __._.- u... -'- st 1' L'.!.. s&Utilities) It was recommended that completion of Contract 90-E (Coventry Pass 2nd Addition • Streets & Utilities) be acknowledged and final acc4ifstnce antborizetsgMiect to appropriate warranty provisions. • • Page 4/EAGAN CITY COUNCIL MINUTES �- December 17,1991 Q. !I_« 0_1 • Si ___ _.1-._.mss.[._! - __•. Addition-Streets&Utilities) • It was recommended that compleIn of Contract 90-Q(Oaks of Bridgewater 1st Addition-Streets& Utilities) be acknowledged and final acce$aloce authorized subject to appropriate warranty provisions. A. � !Lr .1� L sr t. 'LV_' _ _L�! _7� .'�f-_- ��1� t-� _ I .30 - Streets &UtnLties) It was recommended that compon of Contract 89-N (Eagan Center 3rd Addition - Streets & Utilities) be acknowledged and final acceptance aut4tized subject to appropriate warranty provisions. `._ 4 1 1,1.,1) It was recommended that the Stfpulatioi4; ::Siitteineiix of the Assessment appeal for Project 584 (Rahn Road,Parcel 10.16700-010-09)be approved and the Mayor&City Clerk authorized to execute all related documents. T. r ..1111 - ,Ai -'- It was recommended that the Design and ConStruiction Agreement with Dakota County and the Condemnation Resolution for Project 609 (CIiff.Road :lrpgtade) be approved and the Mayor and City Clerk authorized to execute all related docume i:;:::::::::::s ".. U. App A�dment to Cansutta : . 'Cretract (1942 Fee Schedule) • It was recommended that the amendment to the Co••slild ig Engineers'Contract for Bonestroo,Rosene, Anderlik&Associates and Orr-Schelen-Mayeron&Associates be withdrawn and continued to the January 7, 1992, City Council meeting. Wachter moved,Gustafson seconded,.a.motion to approve the Consent Agenda with the removal of Item U,Amendment to Consulting Engin ('::Con?ract.:.:(1 Pee Schedule). Aye: 5 Nay 0 (Item I: Aye 4 Nay 0 Abstain: 1 (Egan) MX:.X. 1 DIRECTOR OF PUBLIC WORKS/PROJECT/Wit SETTLEMENT AGREEMENT Mayor Egan introduced this item as Project 543R, Approve Stipulations of Settlement, Easement Condemnation and Assessment Appeal (Skyline Road,Lots 8,9, 10, 13,Tref le Acres. Wachter moved, Gustafson second .:.X*Xion#galpprove the stipulations of settlement for Project 543R(Skyline Road) as they pertain to Lf418;$,9,10,and•13 ; Tame Acres and authorized the Mayor and City Clerk to execute all related documents. * 5 Nay 0 • Page 5/EAGAN CITY COUNCIL MINUTES December 17, 1991 REQU#.ITT' ADDR S FINAL FIAT CONSIDER CONTR "r AWARD/MANOR LAKE 4TH ADDITION Mayor Egan introduced this item as a request by the developer to address the final plat for the Manor Lake 4th Addition and consideration of the contract award for Contract 91-12,Manor Lake 4th Addition - Streets and Utilities. City Administrator Hedges advised the City Council that staff had met with developer Bob Middlemist and his attorney,Todd.Rapp,and addressed the issues outlined in Mr. Middlemist's letter of December 6, 1991. Mr. Hedges said:with Mr4.;Middlemist's concurrence, that all issues had been satisfactorily resolved. Gustafson moved, Wachter seconded, a mbdion to approve the final plat for the Manor Lake 4th Addition. Aye: 5 Nay: 0 ............ ...... .... Wachter moved,Gustafson seconded,a motion to receive the bids and award the contract for Contract 91-12, Manor Lake 4th Addition - Streets & Utilities, to the lowest responsible bidder and authorized the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 EXTENSION/S TODD RAPP.. DDITION Because of the unresolved issues syrrouningtieManor Lake 4th Addition,Mr.Middlemist has been unable to record the S Todd Rapp Addition at:Dakota County. With the approval of the final plat for Manor Lake 4th,Mr.Middlemist asked for an extension to Deceaher 31,1991,to record the S Todd Rapp Addition Mal plat. Egan moved,Gustafson seconded,a motion to extend t e:recording date for the S Todd Rapp Addition Mal plat with Dakota County to December 31,1991. Aye: 5 Nay: 0 PROJECT 86-RR/WILDERNESS PONDS-STREETS&UTILITIES Mayor Egan introduced this item...as..Project 86-RR, Foreclose Financial Security, Authorize • Advertisement for Bids (Wilderness Ponds:.'4.teets.&.U#8 s}:; Director of Public Works Colbert said staff had been working with the developer of t�f eirness' s'and had reached agreement. Mr.Colbert said that the City will take over Project 86-RR witiionstructiiiii to commence in the spring. Pawlenty moved,McCrea secon4a motie *o approve the settlement agreement regarding corrective work required within the Wilderness Ponds dlottt psiiag to drainage and authorized the Mayor and City Clerk to execute all related documents. Ajw 'S"'Nay 'il " PRWMINARY PLAT/EASY EATERY ADDITION Mayor Egan introduced this item as a.. lb n nary, plat for Easy Eatery Addition/Crown Coco, Inc., consisting of one approximately 42 acre GR84ss)zoned lot located at the northwest intersection of Diffley Road and Nicols Road in the N}W 1/4 of Section ;:;'City Administrator Hedges said that this item had been considered by the City Council:at'their December44991,meeting and had been continued to the December 17 meeting for clarification and/or resolution of several issues. Mr.Hedges said that staff had met regarding this development and found R io have a number of complex issues because of the redevelopment aspects of the preliminary plat. Director h#'(r" ty olopment Runkle then outlined the proposed project and the various fees proposed to' e:teses®ic 'iiegitintit h+e property. Page 6/EAGAN CITY COUNCIL MINUTES December 17, 1991 The question was asked if fees for free'project are based on the useable portion of the property,whether • a precedent would be set whereby other app :: d:rest calculation of fees based on the "useable" areas of their properties. The point was aiitdC 'plat could be considered unique because of the topography and configurations of.•the lot. Councilmember Pawlenty suggested that if the northern portion of the property developed in the filet r'e,perhaps additional fees could be considered at that time. Wachter moved, Gustafson seconded, a motion to approve a preliminary plat application for Easy Eatery Addition/Crown Coco, Inc., consisting of one lot of approximately 4.2 acres GB (General Business) zoned property at the northwest intersection of Difiley Road and Nicols Road subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10,1990, shall be complied with Al, Bi, B3, B4, Cl,C2,C4,,El,F) :G1;. 13;: 1::;:::.:::::? .>:; 2. Landscaping,as shown on the revised landscape plan dated November 6,1991,and underground irrigation of these areas is required. 3. An overall sign plan shall be approved by staff and be subject to a one-time sign fee of$2.50/s.f. 4. No outside display, or storage,shall be allo edi;.?.:::::•••: 5. No rooftop mechanical equip tt:shail be visible from the street. 6. No outside loudspeaker advertising shall :allowed. 7. Trash and recycling containers shall be stored hiisiienclosure attached to the main building and constructed of similar material. S. All car wash cycles shall include dryer/blower. 9. Gasoline tank stand pipies shall be:adequately,screened. 10.The final plat shall dedicate..i4imaneiktOiidiai easement over the north 1.S acres of the site 11. If the existing utilities will nbt;:be used,:.* developer will be required to abandon and plug the existing sanitary sewer service at the top.of theaiser:dn4.abandon the existing water service that serves the building that will be removed. 12.The south access to Nicols Road shall be an exit only access and signed accordingly. 13.The driveway openings to Nicols Road shall be concrete aprons. 14.The final plat shall dedicate 75:feet'of half way on DiffleY Road. 15.The developer shall be responoibie for the costs assnCiated with constructing a pond with a surface area of 0.15 acres and a wet pond voluma; f 039 acre-feet to treat runoff from the entire site. 16. The applicant shall provide :al.tatO. ng and::shift the northern-most access further to the south. • Page 7/EAGAN CITY COUNCIL MINUTES December 17,1991 17.An agreement shall be executed sad recorded regarding the obligation of future fees if the property not presently being assessed is either Aye: 5 Nay: 0 _ 1992 COMPREHENSIVE FEE SCHEDULE Mayor Egan introduced this item:as:consideration of the 1992 Comprehensive Fee Schedule. Director of Finance VanOverbeke presented the 1!4,92;Schedute::to the City Council and provided a brief summary of changes to it. Concerns were expressed about the Oiti remaining economically competitive; however,it was acknowledged that if Eagan is to remain the city it ia;aumntly,the fee structure will have to at least partially reflect costs. After further discussion,it was sstei tliataiie Ecoisinic Development Commission undertake an analysis of the City's fee structure. City Administrator Hedges said the EDC had done some work in the area of development and redevelopment fees and recommended that it be discussed when the City Council addresses the entire issue of service delivery at their upcoming retreat. McCrea moved,Wachter seconded,a motion to apprEwe;ahe 1992 Fee Schedule as presented. Mike Berg of Berg Electric asked.thattrea :end its hours of operations to include an evening or part of the day on Saturday. City Hedges said staff had completed a study regarding extended hours and he would be happy to shate:ahe.resultss of that study with the City Council. Aye: 5 Nay 0 VARIANCE/CLIFF ROAD MCDONALDS Pawlenty moved,McCrea seconded,a motion to continue to the January 7,1991,City Council meeting a 23 foot variance from the 27 foot pylon sign maximum height for Nordquist Sign Company for a McDonald's Restaurant sign located north of Cliff Road•aQd:yest of Nkokftoatt. Aye: 5 Nay: 0 VARIANCE/SAFARI'$ *lTS 21 D ADDITION Mayor Egan introduced this item a Variance for Safari Estates 2nd Addition,of 15'to the Required 30' Side Yard House Setback in an Estst*Zoning t$s$ct for 18 Lots in the Safari Estates 2nd Addition, Located at Lots 1 and 2, 4.6, 10.17, 19.. ;:81Ock I,;motif .;2 and 4, Block 2. Director of Community Development Runkle provided a brief summary of the application. Councilmember Wachter questioned why the applicant did not just change the estate zoning. Councilmember McCrea added that she was not in favor of blanket variances and said she preferred to consider variances on a case by case basis. Nø• ` e:In.the audience on behalf of the applicant. Pawlenty moved,Wachter secoaded;:a[motion to deny ti:.yariance of 15 feet to the required 30 foot side yard setback in an estate zoning district h i8 lots in the Safaiiitstates 2nd Addition,specifically 1-2,4.6,10- 17, 19-21, Block 1,and Lots 2 and 4,B1 :2,as presented. App 5 Nay 0 • Page 8/EAGAN CITY COUNCIL MINUTES December 17, 1991 PRELEMINARY: XIIMD l :$AID ADDITION Mayor Egan introduced this item•.as a preliminary plat for the Hadler Park Addition, Semper Holdings,,Inc.,consisting of 4 lots of appre?dmately 9.6 Planned Development zoned acres located along the south side of Cliff Road,west of Rahn Cliff:Road in the northeast quarter of Section 31. City Administrator Hedges said the Advisory Planning Commission had considered this application at their November 26 meeting • and were recommending approval. The applicants were present to answer any questions. Gustafson moved, McCrea seconded, a motion to approve the preliminary plat for Haller Park/Semper Holdings, Inc.,consisting o;E:4:lots on•approxhnately 9.6 planned development zoned acres on the south side of Cliff Road,west of Rahil.Cliff Ro(41:4nd subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990,shall be complied with Al, Bl, B3, B4,Cl,C2,C4,D1,El,Fl,Gi,and Hi. 2. All buildings shall be constructed of similar material and colors. 3. Rooftop mechanical equipment shall not be visible:•from the street. 4. All trash and recycling shall be.contained h each building. • 5. Landscaping,as shown on the Prleimluary.Plat Iitndscape plan,and underground irrigation of these areas is required. • 6. Landscaping on the south side of the site shall lie'Ieistalled with the first phase of development. • 7. No outdoor display,or storage,shall be allowed. 8. No outdoor loudspeaker advertising shall be allowed. 9. An overall sign plan shall be submitted.:pijo r*:-. plat. 10. Cross-parking ingress/egress•easementsiiliall be provided with the final plat. 11.No on-site lighting shall spill • 12.All signage shall meet the Plaoried ievelopmei it'Agiieement requirements and be subject to the one- time sign fee of SLR/s!. 13.All buildings will require individual review by the Advisory Planning Commission and approval by the City Council. 14. The developer shall protect tt4 along the north side of Lot 1 The exact locations, types and elevations of the trees in this area shall be:ileiermined before fl*al platting to see how many of these trees can be saved. 15.Pond AP-13 shall provide 4.5:*re*:::of 4 volume and a pond outflow rate of 2 cubic feet per second. • 1Y • Page 9/EAGAN CITY COUNCIL MINUTES December 17, 1991 16. The Water Quality Manageni :Plan requires a pond with a surface area of 0.67 acres and a minimum wet pond volume of 2.5 acre-feet to treat,the runoff from this site. 17.The drainage off the parking directed to the concrete curb and gutters and subsequently into an internal storm aeOf!er system. 18.The final plat shall dedicate 6U feet of half right-of-way along Rahn Cliff Road. 19.The final plat shall dedicate 30 feet of half right.of-way for the future extension of Rahn Way to • the west. Aye: S Nay: 0 Gustafson moved,Wachter seconi ,a mito approve the building plan for the Walgreen's facility. Aye: 5 Nay: 0 A+:•:;.,J,.:.iiii:{.;.::j;.:<;t;:.i.;.:••.n.. :;6iii j:t:;:.iiiTt'.:;:+.iti� Any Administrative Agenda items were handled following action on the Consent Agenda. Mayor Egan then recognized the contribptiont geing City Coundhnember David Gustafson and presented him with a plaque for his sezylce:;to the::eonununity. Mayor Egan also spoke of the special contribution consulting engineer Bob Rosene has made to the community. Bob,who is retiring from Bonestroo, Rosene,Anderlik&Associates on December:30;:494t�1Vas presented with a framed proclamation in recognition of the 31 years he has served the City of .• .i.' ' . •.•• Ms.Doris Berg,of Berg Electric,asked for as explanation of why her company did not receive the bid for the Municipal Center's parking lot lighting. Ms. Berg was asked to put her questions and concerns in writing so that each could be addressed. AUTHOR=GIOMULTANii&DARVALE MARKET STUDY McCrea moved, Gustafson second:a mo lf14_ •s ve ratification of the authorization of funds ' to McComb Group, Ltd.to perform a niaiketaffittitiitiikiniale. Aye: 5 Nay: 0 CONTRACT 92-02/LEx1NGmN AVENUE&BLACKIIAVVB COVE MT STATION It was the recommendation of Director of Public.Works Colbert that only the Blackhawk Cove portion with the Alternate of Contract 92-02 (Item $.of th C t,Agenda) be accepted at this time Egan moved,Wachter seconded,a::44eion to reconsi r':ltem K under the Consent Agenda and accept only the Blackhawk Cove portion with-die Alternate for t;.ontract 92-02, Receive Bids/Award Contract (Lexington Avenue & Blackhawk Cove- Station). Aye: Page 10/EAGAN CITY COUNCIL MINUTES December 17, 1991 1i NS/DIFFIEY ROAD Director of Public Works Colbert iisiifthe•Coiiritpitas•it$ked for a preliminary Indication from the City on whether medians should be installed witli fhe upgrade of Dittley Road. Mr.Colbert said the medians would only be installed along a portion of Dittie)' oad and only the Northview School parking lot entrance would be impacted by their installation. He also said that Northview school officials have agreed to redesign the parking lot to accommodate the medians. The City Council agreed with the recommendation and noted the safety enhancements of having medians along that section of Diffley Road. ::::::::POSTAL FACILITY After brief discussion,McCrea Pawl seconded,a motion directing staff to author a letter to the City's congressional delegation objection;to the Postal Service's decision to locate a post office on Johnny Cake Ridge Road north of the u .elemeutRR. 4.001.n9ting that the neighbors are opposed to the location and the property is not zoned for;: at: ii ;.•;• : Nay: 0 GIST Wachter moved, Egan seconded a motion to approve the checklist dated December 17, 1991, in the amount of$740,576.70. Aye: 5 Nay: 0 AWOUR T.... The City Council adjourned the regular meeting tpia special workshop session at 835 p.m. BF • CITY OF EAGAN E.J.VanOverbeke • CITY OF EAGAN EXHIBLT A • 1992 CIGARETTE UCENSE RENEWALS # OF OVER LOCATION VENDOR MACH. BROOKS SUPERETTE #43 GATEWAY FOODS, INC. 1• 3390 Coachman Rd. . BROWN TANK :.:N R :IwQI#TVTRY VENDING 1 2875 Hwy. 55 CARBONE'S PIZZERIA ::':':':: DAVID CARBONE 1 1665 Yankee Doodle Rd. GASPERS CHEROKEE SIRLOIN ROOM, EAGAN RICHARD CASPER 1 4625 Nicole Rd. CEDAR CLIFF AMOCO ROBERT SCHLANGEN 1 4600 Slater Rd. CEDARVALE LANES ...P V.M,,:Ric... 1 3883 Beau d'Rue Dr. CEDARVALE SINCLAIR BRADCO AUTOMOTIVE INC. 1 3946 Nicole Rd. CHEERS WINE & SPIRITS DANIEL J. HERBST 1 1970 Rahncllff Ct. CUB FOODS :::::::::SUPERVALU STORES, INC. 1 1940 Cliff Lake Rd. DIAMOND T RANCH `.''•:•:JER1 Y THOMAS 1 4889 Pilot Knob Rd. DOUBLETREE CLUB HOTEL THEISEN VENDING 1 2700 Pilot Knob Rd. 0 DOUGHERTY'S MN VALLEY VENDING 1 1312 Town Centre Dr. DUCKWOOD 66 .PHIL IPS 66 CO. 1 3575 Pilot Knob Rd. EAGAN E-Z STOP : WW CO INC. 1 4195 Nicole Rd. EAGAN AMOCO SO. FRANCE LTD, INC. 1 4205 Nicole Rd. • FINA SERVE#590 .'.I=IN wyg, INC. 1 4250 Lexington Ave. • FINA SERVE #576 1 3150 Dodd Rd. FINA SERVE #594 1 1286 Lone Oak Rd. GREAT NORTHERN SPIRITS PERRIER &ASSOC. INC. 1 1960 Cliff Lake Rd. HOLIDAY STATIONSTORE #232 HOLIDAY COMPANIES 1 4595 Nicoll Rd. It HOLIDAY STATIONSTORE #247 1 3615 Pilot Knob Rd. J. DOOLITTLES AMERICAN AMUSEMENT ARCADES 1 2140 Cliff Rd. KENNY'S LIQUOR ::;::* `S: PRPRISES, INC. 1 1444 Yankee Doodle Rd. KRAFT AMERICAN MN VIKING FOOD SERVICE 1 2864 Eagandale Blvd. LANXANG ORIENTAL GROCERY THANOM KEOHAVONG 1 3904 Beau D'Rue Dr. LIQUOR SHOPPE RALPH MAGNUSON 1 4250 Lexington Ave. LOST SPUR COUNTRY CLUB •:••.•.-.HAROLD.:F.._AV.1t, CO., INC. 2 2750 Hwy. 13 MGM LIQUOR WAREHOUSE/SPIRITS OF EAGAN JOHN W. TESLAW 1 4182 Pilot Knob Rd. PDQ #287 PDQ FOOD STORES OF MN, INC. . 1 1969 Silver Bell Rd. PDQ #214 1 4198 Pilot Knob Rd. • RAINBOW FOODS • 4,4 AY.FOODS, INC. 1 1276 Town Centre Dr. SNYDER DRUG STORE #32 SNYDER DRUG STORES, INC. 1 3914 Sibley Mem. Hwy. SNYDER DRUG STORE #61 1 • 1565 Cliff Rd. STARKS SALOON GARY 2 3125 Dodd Rd. . SUPERAMERICA #4049 •:.::::•:$UPPRAMERICA GROUP, INC. 1 4200 E. Hwy. 13 • . SUPERAMERICA #4182 1 1406 Yankee Doodle Rd. SUPERAMERICA #4335 1 1379 Town Centre Dr. TARGET TARGET ST&ES 1 2000 Cliff Lake Rd. TEXACO SUPERSTORE ! '01L 00• 1 1579 Cliff Rd. • • TOM THUMB #166 TOM THUMB FOOD MARKETS, INC. 1 1446 Yankee Doodle Rd. TOM THUMB #273 1 1815 Diffley Rd. TOM THUMB #259 1 2125 Cliff Rd. TOTAL PETROLEUM OtA•••••::••••• ) EUM, INC. 1• 4206 Nicola Rd. VALLEY LOUNGE .. D.V.M., INC. 1 3385 Hwy. 13 WALGREENS WALGREEN CO. 1 1278 Town Centre Dr. YANKEE SQUARE AMOCO P F INC. 1 1424 Yankee Doodle Rd. • • • EXHIBIT B k CITY OF EAGAN 1992 REFUSE HAULERS LICENSE RENEWALS 1. Aagard Environmental 10. Nitti Disposal Inc. (comm) 875 N. Prior Ave. 3291 Terminal Dr. St. Paul, MN 55104 Eagan, MN 55121 645-1388 451-1421 2. Action Disposal (comet) 11. Northern Disposal, Inc. (comet) 4325 E. 66th Street 5200 Willson Rd, Ste 112 Inver Grove Hts. , MN 55076 Minneapolis, MN 55424 455-8634 920-4052 (Browning-Ferris) • 3. Bloomington Sanitation 0 12. Ken Oehrlein Sanitation (comm) 9813 Flying Cloud Drive 1811 Century Ave. Eden Prairie, MN 55344 Newport, MN 55055• 941-5174 459-0120 (Woodlake San. /BFI) 4. Buckingham, Inc. (comet) '•'13 '. Poor Richard's Inc. 12444 Hwy 13 400 Whitall St. Savage, MN 55378 St. Paul, MN 55101 890-6441 776-2323 5. City Clean-Up (comet) .•::::.:: 4. Quality Waste Control William Kreitz 1901 West 144th St. 2841 Burnside Ave. Burnsville, MN 55337 Eagan, MN 55121 -' :. :.:..: 435-3454 454-6768 6. Dicks' Sanitation Service (comm) • ::::354 Roadway Rubbish/Eagan Sanit. 21338 Dodd Blvd 2400 Dodd Road Lakeville, MN 55044 Mendota Hts. , MN 55120 469-2239 454-7152 7. Knutson Rubbish Service 16. Triangle Services 15120 Chippendale Ave 3.881 Lexington Ave. Rosemount, MN 55068 Mendota Hts. , MN 55118 -2 2 94 42 3 .. • 454-1848 8. Mendota Heights Rubbish :::::a 17. Ver-Tech, Inc. 20700 Donnelly Ave. E. 2892 Vicksburg Lane . Farmington, MN 55024 Plymouth, MN 55447 437-6786 588-2590 9. Mike's Disposal & Recycling 18. Waste Management 19784 Kenrick Ave. 12448 Pennsylvania Ave. S. Lakeville,. MN 55044 Savage, MN 55378 469- 2833 ,:::::::%:-' ...*%:::: 890-1100 1:9. Wildwood Sanitation (comet) Box 176 Newport, MN 55055 459-7926 STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT Case Type: Special Assessment Appeal Thomas R . Bergin, Sr. and LeAnne D. Bergin, Court File #CO-90-7315 Petitioners, v. STIPULATION AND ORDER City of Eagan, A Minnesota Municipal Corporation, Respondent. WHEREAS, Petitioners Thomas R . Bergin and LeAnne D. Bergin are the owners of a parcel of land, legally described as: The West One-quarter of the Southeast Quarter of Section 22 , Township 27 , Range 23 , PID No. 10-02200-011-85 ("Subject Property") ; and WHEREAS, the Subject Property was assessed by Respondent City of Eagan ("City") on September 19 , 1988, in the sum of $3 , 300. 00 for trunk area storm sewer improvement through Public Improvement Project No. 473 ; and WHEREAS, Petitioners brought an action in District Court appealing the sum of the assessments, known as Thomas B,. Bergin, et al v. City of Eagan, originally Court File No. C0-90-7315, consolidated with Court File Nos. C2-90-7171 and C9-90-7314 pursuant to Court Order dated July 20, 1990; and WHEREAS, the parties have resolved the assessment dispute. Page Two/STIPULATION AND ORDER - City of Eagan/Bergin NOW, THEREFORE, the parties do hereby enter into the following: 1. The trunk area storm sewer assessment the Subject Property in the total sum of $3 , 300 shall be dismissed by the City. 2 . This settlement is made without prejudice to the City's assertion of any rights it may have in the future to claim storm water connection charges against Parcel #10-02200-011-85. The settlement is also without prejudice to Petitioners' right to contest any such storm water connection charges in the event the same are made by the City. 3 . The City shall direct the Dakota County Treasurer to recompute Petitioners ' real estate tax statement, removing the $3 , 300. 00 assessment. 4 . Following execution of this Stipulation, parties agree this action, Court File No. CO-90-7315 shall be dismissed with prejudice. CITY OF EAGAN Dated: f - 7 , 199,1. By: Thomas A. Egan, Its Mayor Dated: 1 -7 , 1991. By: E. J. VanOverbeke Its City Clerk 1 1991. 7:4,1••-"°"•1- / I �~ Dated: //� � Thomas R. Bergin, v . Dated: /V/ SP , 1991. AC/7U-1--k LeAnne D. Bergin APPROVED AS TO FORM: /r 41 )00-- City Attorn 's O ice Dated: /)'7//9,i APPROVED AS TO CONTENT: 4/244 - Public Works Department Dated: /- 2. 9 L ORDER FOR JUDGMENT Based upon the foregoing Stipulation entered into by and between the City of Eagan and Thomas D. Bergin, Sr. and LeAnne D. Bergin; IT IS THEREFORE THE ORDER OF THE COURT THAT JUDGMENT BE ENTERED ACCORDINGLY. BY THE COURT: Dated: JUDGE OF DISTRICT COURT I certify that the above constitutes a judgment of the court. JUDGMENT ENTERED AND FILED THIS DAY OF 1991. BY THE COURT (SEAL) ROGER W. SAMES DISTRICT COURT ADMINISTRATOR Deputy STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT Case Type: Special Assessment Appeal Thomas J. Rooney, Court File #C9-90-7314 Petitioner, v. STIPULATION AND ORDER City of Eagan, A Minnesota Municipal Corporation, Respondent. WHEREAS, Petitioner Thomas J. Rooney, is the owner of a parcel of land, legally described as: The West One-quarter of the Southeast Quarter of Section 22 , Township 27, Range 23 , Eagan, Dakota County, Minnesota, PID No. 10-02200-012-86 ("Subject Property") ; and WHEREAS, the Subject Property was assessed by City of Eagan ("City") on September 19, 1988, in the sum of $17, 160. 00 for trunk area storm sewer improvement through Public Improvement Project No. 473 ; and WHEREAS, Petitioners brought an action in District Court appealing the sum of the assessments, known as Thomas J. Rooney, et al v. City of Eagan, originally Court File No. C9-90-7314 , consolidated with Court File Nos. C2-90-7171 and C0-90-7314 pursuant to Court Order dated July 20, 1990; and WHEREAS, the parties have resolved the assessment dispute. Page Two/STIPULATION AND ORDER - City of Eagan/Rooney NOW, THEREFORE, the parties do hereby enter into the following: 1. The trunk area storm sewer assessment the Subject Property in the total sum of $17 , 160 shall be dismissed by the City. 2 . This settlement is made without prejudice to the City' s assertion of any rights it may have in the future to claim storm water connection charges against Parcel #10-02200-012-86. The settlement is also without prejudice to Petitioners ' right to contest any such storm water connection charges in the event the same are made by the City. 3 . The City shall direct the Dakota County Treasurer to recompute Petitioners' real estate tax statement, removing the $17 , 160. 00 assessment. 4 . Following execution of this Stipulation, parties agree this action, Court File No. CO-90-7315 shall be dismissed with prejudice. CITY OF EAGAN Dated: 7 , 1993.. By: Thomas A. Egan, Its Mayor Dated: / -7 , 1992.. By: E. J. VanOverbeke Its City Cl Dated: Id (3 , 1991. ( '4 . Thomas J. Rooney APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: C��G�-trtt�l ► /AGO Public Works Department Dated: ,7 ORDER FOR JUDGMENT Based upon the foregoing Stipulation entered into by and between the City of Eagan and Thomas G. Rooney; IT IS THEREFORE THE ORDER OF THE COURT THAT JUDGMENT BE ENTERED ACCORDINGLY. BY THE COURT: Dated: JUDGE OF DISTRICT COURT I certify that the above constitutes a judgment of the court. JUDGMENT ENTERED AND FILED THIS DAY OF 1991. (SEAL) BY THE COURT ROGER W. SAMES DISTRICT COURT ADMINISTRATOR Deputy „..4 .4..41'.',-k MIr,NESOTA DEPARTMENT OF PUBLIC SAFETY PS 9736(17/89) ”°" LIQUOR CONTROL DIVISION '��, 3` ROOM 440 333 SIBLEY STREET ST.PAUL,MN 55101 PHONE 612-296-6159 APPLICATION FOR OFF SALE INTOXICATING LIQUOR LICENSE OR THE RENEWAL OF AN OFF-SALE INTOXICATING LIQUOR LICENSE APPLICATION TYPE NEW OR TRANSFER COMPLETE SECTIONS 1, 2 and 4 CHECK ONE RENEWAL—COMPLETE SECTIONS 1, 3 and 4 IF NAME AND ADDRESS SHOWN ARE NOT CRRECT, 3629 Eagan OFSL SPACES BELOW,MAKE CHANGES IN Liquor Shoppe Inc/Eagan 12/31/91 Liquor Shoppe $ 200.00 4250 Lexington Ave S $ 0.0U Eagan, MN 55123 $ 0.00 If a corporation, an officer shall execute this application. If a partnership, a partner shall execute this application. Applicant's Name(Individual,Corporation,Partnership) Trade Name or DBA 1 19006 L OulAC Ifit c ,j'a me License L ation(Street Addre s oL) Block No.) r License Period Applicant's Home Phone 2150 1exltT� 1O Ave. So From i/jJ ) To1.�./31/9 (6/ )yGf 3Q 2� Municipality J County Slate Zip Code S t a a vl i60 4/0 f a Y'�1 ►1 S S 1 2 3 E Name of Slor Manager Business Phone Number Date of Birth(Individual Applicant) C GPC Wak 4/S2- 7.16 3_ T If a corpor ion, state name,date of birth, address, title, and shares held by each officer. 1 If a partnership, state names, address and date of birth of each partner. O Partner Officer 7 D O B Address City Title Shares N &I' 1/a1,L I /.ts/,; roc ; 3o" sl_E. Lakev,//e SO `7v Partner Off,+ccr / D O B Address City Title Shares 1 CTChav kofJ 971 h'etlie Clk" falaH 50lt Partner Officer D O B Address City Title Shares Partner Officer D 0 B Address City Title Shares 1. If a corporation, date of incorporation , state incorporated in amount of authorized capitalization , amount of paid in capital , if a subsidiary of any other corporation, so state give purpose of corporation if incorporated under the laws of another state, is corporation authorized to do business in the State of Minnesota? ___ . Number of certificate of authority__ 2. Describe premises to which license applies; such as(first floor, second floor, basement, etc.) or if entire building, so state . S E 3. Is establishment located near any state university, state hospital, training school, reformatory or prison? C T , state approximate distance . O 4. State name and address of owner of building N 2 has owner of building any connection, directly or indirectly, with applicant?_ • 5. Is applicant, or any of the associates in this application, a member of the governing body of the municipality in which this license is to be issued? . If so in what capacity_ _ 6. State whether any person other than applicants has any right, title or interest in the furniture, fixtures, or equipment for which license is applied, and if so give name and details. _ . 7. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the state of Minnesota? _Give name and address of such establishment 8. Under what classification is the license applied for: EXCLUSIVE OFF-SALE LIQUOR STORE, DRUG STORE, S COMBINATION ON & OFF LIOJOR. OR GENERAL FOOD STORE_ - E • C T 9. Are the premises now occupied,or to be occupied,by the applicant entirely separate and exclusive from any 0• other business establishment? • N 10. If a drug store. state length of time the store has been in operation 2 C 11. State whether applicant has, or will be granted, an On-Sale Liquor License in conjunction with this Off-Sale O Liquor License, and for the same premises T i 12. State whether applicant has,or will be granted.a Sunday On-Sale Liquor License in conjunction with the regular N U On-Sale Liquor License • -- E D 13. If this application is for a County Board Ott-Sale License,state the distance in miles to the nearest municipality 1. State whether applicant,or any of the associated in this application, have ever had an application for a Liquor License rejected by any municipality or State authority; if so give date and details O S 2. Has the applicant, or any of the associated in this application, during the five years immediately preceding E this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of such C / laws or local ordinances; if so, give date and details O N 3. State whether applicant,or any of the associates in this application,and employees while employed by applicant 3 during the past five years were convicted of any Liquor Law in this state,or under Federal Laws,and if so,give date and details J .Q__ 4. During the past license year has a summons been issued under the Liquor Civil Liability Law(Dram Shop) M.S. 340A.802. Li Yes 0 No. If yes, attach a copy of the summons. e, ThisKLoiN NE must have one of the following: E A. Liquor Liability Insurance(Dram Shop) C q y ( p)—$50,000 per person;$100,000 more than one person;$10,000 T property destruction; $50,000 and $100,000 for loss of means of support. ATTACH "CERTIFICATE OF OR INSURANCE" TO THIS FORM. O B. A Surety bond from a surety company with minimum coverages as specified above in A. N OR 4 ❑ C. A certificate from the State Treasurer that the Licensee has deposited with the State,Trust Funds having market value of$100,000 or$100,000 in cash or securities. I certify that I have read the abo e que io and that the answers are true and correct of my own knowledge. Signalwe of Apphcanl Date REPORT BY POLICE DEPARTMENT This is to certify that the applicant, and the associates, named herein have not been convicted within the past five years for any violation of Laws of the State of Minnesota, or Municipal Ordinances relating to Intoxicating Liquor, except as follows_ _ -- Pohc;Department Tteee ` s,g Ecl'' ✓,._ _Ad M;N;\t'o-�;v �t t.v.Te.,.., - A •S.�f--*r (, IMPORTANT NOTICE ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL STAMP. THIS STAMP IS ISSUED BY THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS. FOR INFORMATION CALL 612-290-3496. it----.. police department lr L PATRICK J.GEAGAN 1 Chief of Police 11th city of aagan KENNETH D,ASZMANN Operations Captain 3830 Pilot Knob Road THOMASEGAN Eagan,Minnesota 55122 Mayor Phone: (612)454-3900 FAX: (612)454-0718 DAVIDK USTAFSON PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Members December 30, 1991 THOMAS HEDGES City Aclrttni5 trat nr EUGENE VAN OVERBEKE C■ty Clerk - To: LIEUTENANT JERRY MESZAROS From: INVESTIGATOR JOHN STEVENSON Re: APPLICATION FOR RENEWAL OF AN OFF-SALE INTOXICATING LIQUOR LICENSE-LIQUOR SHOPPE INC. I. INTRODUCTION The following is a summary of the routine back ground check done for a renewal of an off-sale intoxicating liquor license at the Liquor Shoppe. II. LICENSE TYPE The off-sale non-intoxicating liquor. III. BUSINESS NAME Liquor Shoppe Inc. , 4250 Lexington Avenue South, Eagan. IV. LICENSE APPLICANT Greg Ward. V. FINANCIAL There have been no changes since the 1991 renewal application. The business is still owned 50% by Greg Ward and 50% by Richard Ross. VI. OTHER INFORMATION . All computer checks were run, including local and state C.C.H. checks as well as a check with Lakeville Police. All checks come back clear and apparently there have been no problems either locally or on a state wide basis, with Liquor Shoppe, Greg Ward, or Richard Ross, in 1991. THE LONE OAK TREE- . -THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Liquor Shoppe Inc. 12/30/91 Page 2 VI. CONCLUSION Based upon the information that I have learned, I find no reason to deny the renewal application for the Liquor Shoppe Inc. sank-you. n J. n T. Stevenson vestigator JTS: ly TIIT WHEREAS, Diamond T Ranch, Inc. , a Minnesota corporation, is the owner of the property described within the ponding easement attached as Exhibit A (Subject Property) ; and, WHEREAS, the Subject Property consists of portions of two parcels, Parcel No. 10-03300-011-75 and Parcel No. 10-03400-020-50; and, WHEREAS, both parcels shall be assessed for benefits resulting from Project 590, Pilot Knob Road reconstruction; and, WHEREAS, both parcels shall be assessed at the rate for property zoned Agricultural; and, WHEREAS, Parcel No. 10-03300-011-75 shall be assessed a total of $19, 398 . 00 for storm sewer improvements; and, WHEREAS, Parcel No. 10-03400-020-50 shall be assessed $1,739 . 00 for storm sewer improvements and $13 ,520. 00 for street improvements for a total assessment of $15,259. 00; and, WHEREAS, the City of Eagan is responsible for acquiring a ponding easement necessary for the storm sewer system being installed as part of Project No. 590; and, WHEREAS, the City of Eagan has offered to pay $0.65 per square foot of the ponding easement acquisition; and, WHEREAS, the ponding easement described in the attached Exhibit A contains 45, 848 square feet. NOW, THEREFORE, the parties do hereby agree as follows: 1. Diamond T Ranch, Inc. shall accept assessments in the total amount of $19, 398 . 00 for Parcel No. 10-03300-011-75. 2 . Diamond T Ranch, Inc. shall accept assessments in the total amount of $15, 259. 00 for Parcel No. 10-03400-020-50. 3. The undersigned, for itself, its administrators, successors and assigns, hereby consents to the levy of the assessments described in paragraphs 1 and 2 of this Stipulation, and further, hereby waives notice of any and all hearings necessary, and waives objections to any technical defects in any proceedings related to these assessments, and further waives the right to object to or appeal from these assessments made pursuant to this agreement. 4 . Diamond T Ranch, Inc. shall grant the City a ponding easement in the form and as set out in Exhibit A and shall accept $29 , 801. 20 in total payment for granting said ponding easement. 5. Upon receipt of a fully executed easement as shown in Exhibit A, the City shall pay Diamond T Ranch, Inc. the sum of $29 , 801. 20, as full settlement of the cost of acquiring the ponding easement. DIAMOND RANCH, INC. CITY OF EAGAN Thomas A. Egan By: aerry h. tas 442.,7 Its Mayor I s: E.J. VanOverbeke By: Carol Thomas Its Clerk Its: (/ Dated: 1-7-92 STATE OF MINNESOTA ) ss. COUNTY OF 1DQK'47- - ) On this / 7-12 day of ..Lein.i>er- , 1991, before me a Notary Public within and for said County, personally appeared .e-, -rhc,n S and Cor-r/ 7-4e.'na5 to me personally known, who being each by me duly sworn, each did say that they are respectively the Pre Stdea r and ✓!< _ Pre- s de.,T of DIAMOND T RANCH, INC. , the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said y —thc col aS and Cetro ( Thcsn�z� acknowledged said instrument to be the free act and deed of the corporation. Notary Pubic ;.....�.....•. ... ..- - •.,,,.tr ELI:ASET:; A. ;TT APPROVED AS TO FORM: no,L,�r \ o�:�.:r,TA My co.iai_e • - .. .•16 City Attorney's Office Dated: APPROVED AS TO CONTENT: - • - (1.777•_..,,Pf" Public Works Department Dated: 1 2 - 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 AMM • EXHIBIT "A" Those parts of the Northwest Quarter of the Southwest Quarter of Section 34 , Township 27, Range 23 and the Northeast Quarter of the Southeast Quarter of Section 33 , Township 27 , Range 23 , Dakota County, Minnesota, described as beginning at right of way boundary corner B8 as designated on DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 100, according to the recorded map thereof, Dakota County, Minnesota; thence South 89 degrees 39 minutes 40 seconds West, assumed bearing, along the right of way line of C.S.A.H. No. 31 as designated on said map, a distance of 112 . 33 feet; thence North 67 degrees 11 minutes 28 seconds West a distance of 150. 33 feet; thence North 9 degrees 10 minutes 32 seconds East a distance of 132.20 feet; thence North 45 degrees 35 minutes 57 seconds East a distance of 49. 64 feet; thence North 89 degrees 39 minutes 11 seconds East a distance of 191.70 feet to a point on the westerly right of way line of said C.S.A.H. No. 31 distant 10 . 41 feet northerly of right of way boundary corner B33 as designated on said map; thence southerly, along said westerly right of way line, through right of way boundary corners B33 , B32 , B31, B30, B29 , B28 , B27 and B26 as designated on said map to the point of beginning. See also map attached hereto and made a part hereof. • � ' I I 1.02C' EXHIBIT A I r 1 \ ] a tr t n I \. V\ .. „., • , 0 -;k' 7 \ \ , . v. . $• \\\ .I " \ " r' O - ' ' i • •A , , i \ � 191.70' • I •yN*.HN NN111•a-a_ aiNN aai'N ' �i� �FF --r�_:_--; — \ s, ,e1041 II k, stls �— __ .— ,..2 3 • ea- '7 ' / 'I 1 \- ^ .e" \ < - • i , I yr cj1�.� ` is fig: } \ 1\\ 'L / 1 a t, s , I,fi 70, POND // 1 ' a ' / i WATER ELC`�,11.011 8/22/90 r 966.3 Fi. / a O II I I I -- PROPOSED EA SEMEN T w • I i� ' 1 r' � � ;- "B,� -- _ •° • d1, 1 `• c.,_ I Z r ^ . i J 'V i ,'rte A5, 846 SG Ft I (1R/W Acres I - Y ', \,', Riw LINE OF [S AJI N0. 31 AS DESIGNATED O •'731 J� � , I � • e ' (X:MKOTA COUNTY RC, T OF WAY MAP NO 100 -- I, I \i 41 r. 'J I .1 I , r7). Oc S /i '..i . 14: ,1 7) �� '- 20.00 _ h+. .43, - r II" - • •• • • \ Ui S , `4--1:.C�=i 1.1'1 1 1 -.-4` _ ! , 1• D Ct I h --1 • 112.33' _..' : J,:L ' S D0'• 0 1,0•• F \ —• =— - -- - --- -----'='‘i.-- . --+aa*Ma+*++si�aaa/N 4 B81 ) {, 10. 8' S. 69..1)9'40" W I 7.59.82 �,., / Z / J 1 1.1 89..50.401 , 1/ I V - - - - t Rf.7! 1 \.. • .t�" . iYf Th Those parts of the Northwest Quarter of the Southwest Quarter of Section 34, Township 27, Range 23 and the Northeast Quarter of the Southeast Quarter of Section 33, Township 27, Range 23, Dakota County, Minnesota, described as beginning at right of way boundary corner 88 as _ designated on DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 100, • according to the recorded sap thereof, Dakota County, Minnesota; thence South 89 degrees 39 minutes 40 seconds West, assumed bearing, along the right of way line of C.S.A.H. No. 31 as designated on said sap, a distance of 112.33 feet; thence North 67 degrees 11 minutes 28 seconds West a distance of 150.33 feet; thence North 9 degrees 10 minutes 32 seconds East a distance of 132.20 feet; thence North 45 degrees 35 minutes 57 seconds East a distance of 49.64 feet; thence North 89 degrees 39 minutes 11 seconds East a distance of 191.70 feet to a point on the westerly right of way line of said C.S.A.H. No. 31 distant 10.41 feet northerly of right of way boundary corner 833 as designated on said map; thence southerly, along said westerly right of way line, through right of way boundary corners H33, 832, B 31, 830, 829, 828, 827 and B26 as designated on said map to the point of beginning. To v.,.1\,, i `aO Ls..`-47- Y -.-- if 'G.aW..•. �O. C w. L-.04,, Cl? o Z CSCs c%3.41-/ °y` "4' ► .) —c6;k/`S. Ytp _ � • ? .441,-. L 14 -w . . Ar 9Qs...k U.)",S Q �` S • 1. Q '" CQ_5t • LNC (44 .. 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