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05/05/1992 - City Council Regular IIIAGENDA GULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING MAY 5, 1992 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) t, III. 6:40 - PRESENTATION/DAKOTA COUNTY 1991 CERTIFICATE OF P- APPRECIATION FOR RESIDENTIAL RECYCLING PROCLAMATION, BRET YONKE DAY/MR BASKETBALL 1992 I . MAY 6, 1992 IV. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) �/ V. 6:55 - CONSENT AGENDA (PINK) `r/A. PERSONNEL ITEMS ,� B. LICENSES, Plumbers V ' C. PROCLAMATION, B-Bop Day, May 19, 1992 ' D. LICENSE, Cigarette, for Tobak Shack, Cedarvale Shopping Center Y 'JOE. DECLARE Surplus Property for Public Auction on May 30, 1992 ?/ F. CONSIDERATION of UNISYS Park Special Assessment Reallocations 2 R G. CONSIDERATION of Resolution Calling General Obligation Improvement Bonds of 1982 for • • r' Redemption p. 3( H. RECEIVE Bids/Award Contract, Tractor, Parks & Recreation Department .� I. RATIFICATION, Meghan' s Addition Denial Resolution/ � � � � -• `;- ?j 3 J. RESOLUTION/Application for Minnesota Lawful Gambling premises Permit Dakota County Humane Society, LaFonda' s. <04a Z c.-e-%. .,.> P ,g K. CONSIDER Authorization to Proceed with Bids for a Large Capacity Mower, Parks & Recreation Department ( L. CONSIDER Authorization to Proceed with Purchase of a Bauer Compressor, Fire Department �• T LOM. LICENSE, Tree Contractor for The Davey Tree Company 4f vj.i' - ,41N. FINAL PLAT, Wexford Addition ). STIPULATION of Settlement, Stertz vs City of Eagan; Marstad vs City of Eagan ' . PROCLAMATION, National Public Works Week, May 17-23, 1992 s z Q. CONTRACT 91-01, Change Order #1 (T.H.149 & Opperman Drive) :53R. EXPENDITURES for Emergency Repair Work (Yankee Doodle Road Reservoir) sip. FINAL PLAT, Deerwood Ponds VI. 7:00 - PUBLIC HEARINGS (SALMON) 5 l4 A. VACATE Drainage & Utility Easements for Outlot D, Knob Hill of Eagan Addition VII. OLD BUSINESS (ORCHID)' Q,,y A. PETITION, On-Street Parking at Eagan High School QY N-V� B. EXECUTION of Amendment to Seneca Plant Development Agreement V O �C. ■OMINATION, Dakota Alliance for Prevention o VII. OLD BUSINESS (Continued) • eD. COMPREHENSIVE GUIDE PLAN AMENDMENT, Great Oaks Addition/Robert Engstrom Companies, Changing the Land Use from D-III (Mixed Residential, 6-12 Units/Acre) to D-I (Single Family) , a REZONING of Approximately 17 Acres from R-4 Within The Woodlands North Planned Development to R-1 (Single Family) , and a PRELIMINARY PLAT Consisting of 29 Lots Located West of Elrene Road in the NE 1/4 of Section 14 'ice. 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 VV of Highway 13, North of Yankee Doodle Road in the SE 1/4 of Sec 8 VIII. NEW BUSINESS (TAN) ,13- / A. ORDINANCE AMENDMENT, City of Eagan, to the City Code, Chapter 6, Other Business Regulation and Licensing, by Amending Section 6.37 Regarding Garbage, Refuse, and ( 12 Recycling Haulers `f B. ORDINANCE AMENDMENT, City of Eagan, to the City Code, Chapter 10, Public Protection, Crimes and Offenses, by Amending Section 10.01, Regarding Storage, Deposit and Disposal of Refuse ,- 141 C. ORDINANCE AMENDMENT, City of Eagan, to the City Code, Chapter 13, Platting, Regarding Flood Plain Regulations 82, (50 D. CODIFICATION of Ordinance Amendments /s 8E. VARIANCE, John & Karen Hosford, of 12' to the Front Setback of 40' Along Deerwood Drive, Located at Lot 4, Block 1, Hosford 1st Addition c/(0 -5' F. SPECIAL USE PERMIT, Marvin Smith, & Son, Inc. , to Allow a Tent Sale, Located at 3380 / Highway 149 (li�G. SPECIAL USE PERMIT, Minnesota Valley Exchange Club, to Allow a One-Day Hot Dog and Po Sale at the Cub Food Store, Located in the SW 1/4 of Sec 29 OH. INTERIM USE PERMIT, James Barker, to Allow Horses in an R-1 (Single Family) District Located on Parcel 010-83 Along the East Side of Thomas Lake Road, North of Cliff Road P in the SE 1/4 of Sec 28 \ \(1) CONDITIONAL USE PERMIT, Eagan Auto Mall Partnership, to Allow an Automobile Service \ the Station in a CSC (Community Shopping Center) District on Lot 1, Block 1, Town Centre --- 70 Sixth Addition Located Along Town Centre Drive in the NW 1/4 of Sec 15 t DJ". PLANNED DEVELOPMENT AMENDMENTS, Cray Research, Eliminating Aproxiniately 21 Acres from c.? the Laukka Beck Planned Development and Adding it to the Cray Research Planned Development Located North of Lone Oak Road in the South 1/2 of Section 1 • IA. ADDITIONAL ITEMS (GOLD) R. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE XI. ADMINISTRATIVE AGENDA (GREEN) XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. ADJOURNMENT . • • • MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 29, 1992 SUBJECT: AGENDA INFORMATION FOR THE MAY 5, 1992 CITY COUNCIL MEETING OIF AGENDA APPROYR MINiJT S After approval is given to the May 5, 1992 City Council agenda and the regular meeting minutes for the April 21, 1992 meeting, the following items are in order for consideration. PRESENTATION/RECYCLING APPRECIATION CERTIFICATES At its last meeting of April, the Dakota County Board presented area cities with certificates of recognition for their residential recycling programs. All Dakota County cities met and exceeded the 1991 recycling goals and the presentation at the County was a celebration of that fact. The City's Riling Coordinator, Kris Ha eman, was present to receive the certificate on the City's beh . . requested the opportunity to officially • present the plaque to the City Council. The City of Eagan continues to enjoy an extremely successful recycling program. The next several years present significant challenges with State mandates for significantly higher recycling and waste reduction totals. It is appropriate to recognize the progress we have made in that direction as a basis for these future efforts. There will be a photo opportunity following Ms. Hageman's comments in this regard. The Mayor and Council may join Ms. Hageman for the actual presentation of the plaque. !ROCLAMATION/BRI'YONKE DAY MR BASKETBALL 1992 A significant honor was presented to Eagan High School student athlete Bret Yonke who was named Minnesota's Mr. Basketball for 1992. In addition to the significance of this honor for Mr. Yonke, his accomplishments on behalf of Eagan High School also serve to enhance the image of the school and the community in the perception of the Region and the State. Therefore, it would be appropriate to recognize Mr. Yonke both personally for his achievement and for the recognition it brings to the greater Eagan community. A resolution in this regard is enclosed on pages r through ,:7-) . ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution recognizing Bret Yonke as Mr. Basketball, 1992 and proclaiming May 6, 1992 to be Bret Yonke Day in the City of Eagan. • CITY OF EAGAN • RESOLUTION RECOGNIZING BRET YONKE MR. BASKETBALL 1992 WHEREAS, Bret Yonke has excelled in the sport of basketball in his career at Eagan High School, and WHEREAS,Mr.Yonke has contributed significantly in raising the profile and image of Eagan High School and its athletic program, and WHEREAS, Mr. Yonke has exemplified the qualities of leadership and excellence which are essential to a student athlete, and WHEREAS, in recognition of his skills and contributions to his team and his school, he has been accorded the honor of being named 1992's Mr. Basketball for the State of Minnesota, and WHEREAS, the City of Eagan is proud of Mr. Yonke's achievements as they also reflect positively on the Eagan as a community, NOW,THEREFORE,BE IT RESOLVED that the City of Eagan congratulates • and recognizes Bret Yonke, 1992's Minnesota Mr. Basketball, and BE IT FURTHER RESOLVED that May 6, 1992 be officially proclaimed"Bret Yonke Day" in the City of Eagan. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION • I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of - , 1992. EJ. VanOverbeke, City Clerk City of Eagan 1111 3 Agenda Information Memo • May 5, 1992 City Council Meeting • D • There are nineteen (19) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS: Item 1. Seasonal Utility Maintenance Workers--After interviews, it is the recommendation of Superintendent of Utilities Schwanz that the following persons be hired as seasonal utility maintenance workers: Paul Christensen, Timothy Manko and Peter Slanga. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Paul Christensen, Timothy Manko and Peter Slanga as seasonal utility maintenance workers. Item 2. Seasonal Park Maintenance Workers—The City has received notification of the • resignation of two seasonal park maintenance workers. Therefore, it is the recommendation of Superintendent of Parks VonDeLinde that Jill Preuninger and Matt Freeland be hired as seasonal park maintenance workers. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Jill Preuninger and Matt Freeland as seasonal park maintenance workers. • PLUMBERS LICENSES • B. Licenses, Plumbers—Eagan City Code requires that all plumbing contractors operating within the City of Eagan be licensed on at least an annual basis. Enclosed on page 6 is a list of plumbers whose applications are currently in order for consideration by the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses as presented. • • ■5."- III PLUMBERS TO BE APPROVED MAY COUNCIL MEETING 1. AAA Plumbing by Newstrom, Inc. 2 . Alta Ltd. 3 . Best Plumbing & Heating 4 . Garvey Plumbing 5. Klamm Mechanical Contractors Inc. 6. Hanson-Kleven Plumbing Co. 7. McDermott Plumbing Inc. 8 . Murr Plumbing Inc. 9. Regency Plumbing 10. Roto-Rooter Services Co. 11. Spriggs Plumbing & Heating Co. 12 . United Water & Sewer Co. 13 . Williams Plumbing & Heating 14. Robert Wyllie Plumbing Agenda Information Memo • May 5, 1992 City Council Meeting B-BOP TO WORK DAY C. Proclamation, B-Bop to Work Day, May 19, 1992—As a part of its effort to encourage alternative means of transportation, the Minnesota Department of Transportation has developed the B-Bop Day promotion to encourage people to seek out alternatives to one passenger automobile transportation in the interest of the environment and the efficient transportation of the blic through the metropolitan region. A re olution in that regard is enclosed on page ' for your review. Also enclosed on page 7 is a memo from Jon Oyanagi, Recreation Supervisor, regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution declaring May 19, 1992 as B-Bop to Work Day in the City of Eagan. • • rA RESOLUTION OF THE CITY COUNCIL • OF THE CITY OF EAGAN, MINNESOTA DECLARING MAY 19, 1992 AS B-BOP DAY IN EAGAN WHEREAS, the State of Minnesota Department of Transportation has developed B-BOP Day to promote alternate means of transportation, and WHEREAS, bicycling, busing, car pooling or walking improve the environment and our physical health, and WHEREAS, Eagan is host to park and ride locations, promotes Minnesota Rideshare, maintains 72 miles of trails throughout the City and facilitates both bicycling and walking clubs, NOW THEREFORE, BE IT RESOLVED that the Eagan City Council declares Tuesday, May 19, 1992, as B-BOP Day in Eagan encouraging those who live and work in Eagan to participate by bicycling, busing, car pooling or walking to work reducing air pollution, decreasing traffic congestion, preserving roads, conserving oil and improving physical health. CITY OF EAGAN CITY COUNCIL By:_.... Its Mayor Attest: Its Clerk Motion Made By: Seconded By: Those In Favor: Those Opposed: CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County,Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 19 . • E. J. VanOverbeke, City Clerk City of Eagan MEMORANDUM 40 TO: KEN VRAA, DIRECTOR OF PARKS & RECREATION FROM: JON OYANAGI, RECREATION SUPERVISOR DATE: MARCH 26, 1992 RE: RESOLUTION SUPPORTING B-BOP TO WORK EAGAN Annually, the Minnesota Department of Transportation sponsors a B-BOP to Work Day in Minnesota. The Governor has endorsed the campaign and in past years the Lieutenant Governor has participated by bicycling with an official caravan to the Capitol. B-BOP to Work Day is scheduled for May 19, 1992. Organizers hope that Minnesotans will bicycle, walk, car pool or bus to work that day as a way to discover the benefits and rewards of alternate transportation. B-BOP stands for bicycle, bus or pool and includes walking, jogging and even roller blading. As a way to promote this event, I am suggesting that Eagan declare May 19, as B-BOP Day. • Our support will help to reinforce the goals of the program which are to raise environmental consciousness, create a healthier work environment and increase productivity. Individuals may benefit by saving money on parking, gas and car repairs; reduce stress by avoiding heavy traffic; or improve physical health by walking or bicycling. Flyers are provided to promote the event in our community and lapel stickers are available to reward participants as they arrive at work. Other suggestions are welcome to help increase awareness and participation. Attached is a resolution for the Commission's review. Should they offer their support, we should submit the resolution to the City Council for their review at the April 21 or May 5 meeting. JO/bls • • Agenda Information Memo May 5, 1992 City Council Meeting CIGARETTE LICENSE/TOBAK SHACK D. License, Cigarette, for Tobak Shack, Cedarvale Shopping Center—An application has been received of Larry Schonher for a cigarette license on behalf of the Tobak Shack located in Cedarvale Shopping Center at 3950 Sibley Memorial Highway. A copy of the application is enclosed without page number for your review. This application has been reviewed by staff for compliance with the current tobacco ordinance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a cigarette license for Tobak Shack located at Cedarvale Shopping Center as presented. SURPLUS PROPERTY/PUBLIC AUCTION E. Declare Surplus Property for Public Auction on May 30, 1992--At the April 21, 1992 meeting, the City Council set May 30, 1992 as 4 e public auction date for City surplus property. Enclosed on pages /( through i. 4e is a memorandum from the Finance Department covering the surplus property items identified by City staff. • Please note that the memorandum also references that the auction will begin at 9:30 a.m. rather than 10:00 a.m. as has been the case in the past and that a special arrangement has been made with the Summit Bicycle Shop to sell thirteen bicycles with the proceeds being a donation to the Eagan Police Explorer Program. Absent Council direction to the contrary, these additions will be approved together with the declaration of surplus property. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the surplus property list for the City's public auction to be held at 9:30 a.m. on May 30, 1992 with the understanding that the proceeds from thirteen donated bicycles be allocated to the Eagan Police Explorer Program. • • \,° • April 28, 1992 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: CITY AUCTION Attached is a list of unclaimed property, bicycles and miscellaneous surplus equipment the City will auction on Saturday, May 30. The departments are reviewing the list to cull usable items before the sale. There are two things about this auction which differ from previous years : 1 . We would like to start at 9: 30, rather than 10 : 00 a.m. Our auctioneer, Mike Reardon, has an afternoon commitment and the earlier start will help him meet that obligation. 2 . Summit Bicycle Shop of St . Paul has given 13 bicycles (numbers 260 - 272) to the City auction with the understanding that the pro- ceeds go to the Explorers. 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LC) C:3 O O O o r-1 ,--1 ,-I ,--I ,-i- '-•1 '-4 ,-i N N N N (N (V F., C cr e' d' V' V' 10' a' M' er w' C t7' er .r v. "r M (.9....S • Agenda Information Memo • May 5, 1992 City Council Meeting UNISYS PARK SPECIAL ASSESSMENT REALLOCATIONS. F. Consideration of UNISYS Park Special Assessment Reallocations—The City has received four (4) completed applications for the reallocation of special assessments within the Unisys Park property. The subject parcels are as follows: Lot 3, Block 1, Unisys Park Semiconductor Building Lot 2, Block 1, Unisys Park Second Addition Vacant Land Lot 1, Block 1, Unisys Park Second Addition Defense Building Lot 2, Block 1, Unisys Park Marketing Building The applications have all been completed and signed by the appropriate property owners. Jerry Wobschall, fiscal consultant, and Dick Nicholson of Unisys have worked closely through this process to meet the Unisys objective of fairly allocating the assessments to the benefiting properties. The process has been completed in accordance with the City's new assessment policies recently approved. If any member of the City Council would like to see the applications or more detail on the assessments, please advise. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the UNISYS Park special assessment reallocations. RESOLUTION/GENERAL OBLIGATION IMPROVEMENT BONDS G. Consideration of Resolution Calling General Obligation Improvement Bonds of 1982 for Redemption--The City's General Obligation Improvement Bonds of 1982 are first subject to call on June 1, 1992. Since these bonds carry coupon rates of 8.75% to 9.00% and debt service funds are available, it is the recommendation of staff, fiscal consultant and bond counsel to exercise the call option at this time. The principal amount of bonds called will be $225,000 and future interest payments of $44,750 will be eliminated. On page 30 is a copy of the resolution prepared by bond counsel to authorize this redemption. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution calling the general obligation improvement bonds of 1982 for redemption. RESOLUTION CALLING CERTAIN OUTSTANDING IMPROVEMENT BONDS FOR REDEMPTION CITY OF EAGAN BE IT RESOLVED by the City Council of the City of Eagan, as follows: 1. It is hereby determined that it is in the best interests of the City to call for prior redemption the City's outstanding General Obligation Improvement Bonds of 1982. It is further determined that sufficient funds are on deposit in the debt service funds or sinking funds for such bonds to effect the redemption. 2. All the outstanding General Obligation Improvement Bonds of 1982 which mature on or after June 1, 1993, are hereby called for prior redemption on June 1, 1992. To effect such redemption, the City Clerk has caused notice thereof to be mailed to the paying agent for the bonds and to be published in the Northwestern Financial Review and such action is hereby confirmed. The City Clerk is also authorized to take all such other action to effect such redemption as he may deem necessary and appropriate. CITY OF EAGAN O CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion Made By: Seconded By: Those In Favor: Those Opposed: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 19 . E. J. VanOverbeke, City Clerk City of Eagan • • Agenda Information Memo May 5, 1992 City Council Meeting • CONTRACT AWARD/UTILITY TRACTOR H. Receive Bids/Award Contract, Tractor, Parks & Recreation Department—At the April 9, 1992 City Council meeting, the Council received specifications and authorized advertisement for bid for a utility tractor authorized under the 1992 budget. Bids have been received and are in order for award of contract. The bid tab and a cover memo from the Director of Parks and Recreation will be included with Additional Information on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids and award the contract for the utility tractor to the lowest responsible bidder, as authorized in the 1992 budget for the Parks and Recreation Department. • • . 31 Agenda Information Memo May 5, 1992 City Council Meeting RATIFICATION/MEGHAN'S ADDITION DENIAL RESOLUTION I. Ratification, Meghan's Addition Denial Resolution-At its regular meeting of April 9, 1992, the City Council denied the comprehensive guide plan amendment for the Meghan's Addition and directed staff to prepare resolution reflecting the findings in that regard. Enclosed on pages through _5 is a copy of that resolution for your review. It is in order for ratification at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve ratification of the Meghan's Addition denial resolution as presented. • • • CITY OF EAGAN RESOLUTION DENYING PULSAR INC. 'S APPLICATION FOR A COMPREHENSIVE GUIDEPLAN AMENDMENT FROM NB (NEIGHBORHOOD BUSINESS) TO D-III (MIXED RESIDENTIAL) ON PROPERTY ALONG THE SOUTH SIDE OF DIFFLEY ROAD AND THE EAST SIDE OF NICOLS ROAD IN THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 27, RANGE 23. WHEREAS, a public hearing was held before the Advisory Planning Commission on February 25, 1992, to consider an application for a Comprehensive Guide Plan Amendment from (Neighborhood Business) to D-III Mixed Residential and a rezoning of approximately 11 acres from NB (Neighborhood Business) to R-4 (Multiple) and a preliminary plat consisting of 13 lots and 104 units along the south side of Diffley Road and the east side of Nicole Road on the northeast quarter of Section 30; and WHEREAS, the Advisory Planning Commission recommended approval of the Comprehensive Guide Plan Amendment but recommend a denial of the rezoning and preliminary plat; and WHEREAS, this matter was heard before the Eagan City Council at its regular scheduled meeting of March 17, 1992, wherein the matter was continued to the April 9, 1992, regularly scheduled meeting;. and WHEREAS, these applications were then heard by the City Council on April 9, 1992; and WHEREAS, at the April 9, 1992, meeting the Council took testimony from all interested parties and considered the matter in conjunction with all of the files, records and prior proceedings. NOW, THEREFORE, based on the foregoing be it resolved by the City Council of the City of Eagan, Dakota County, Minnesota to deny Pulsar Inc. 's application for an amendment to the Comprehensive Guide Plan to change the classification located along the south side of Diffley Road and the east side of Nicols Road in the northeast quarter or Section 30, Township 27, Range 23 from NB to D-III based on the following: 1. Lack of neighborhood support for the change from NB (Neighborhood Business) to D-III (Mixed Residential) . 2. That the Council found that there was sufficient zoning of both multi-family residential and commercial within the City and that there was no compelling reason to amend the Comprehensive Land Use Guide Plan. • 5 Z0d 90£ N TEIH5 B X001 I f9'NOS2 3 3S 0:60 Z6 d 02 add BE IT RESOLVED, upon motion by Pawlenty, second by Awada, the Eagan City Council did approve a motion to deny a Comprehensive Guide Plan Amendment from NB (Neighborhood Business) to D-III (Mixed Residential) . (vote 4-1) Dated: , 1992. CITY OF EAGAN By: Tom Egan Its: Mayor By: E.J. VanOverbeke Its: City Clerk £0d 902 NDT 13-tS '8 X0011 P1'NOS21313S VT c 60 Z6. 0E add Agenda Information Memo May 5, 1992 City Council Meeting • LAWFUL GAMBLING PERMIT/DAKOTA COUNTY HUMANE SOCIETY LA FONDA'S RESTAURANT J. Resolution/Application for Minnesota Lawful Gambling Premises Permit, Dakota County Humane Society, La Fonda's—An application has been received of the Minnesota Valley Humane Society to conduct a charitable gambling operation at LaFonda's Restaurant at 3665 Sibley Memorial Highway. Currently, the Humane Society has a permitted i n at the Cherokee Sirloin Room as well. At the time of application,LaFonda's new o erat o a n, p PP owners were in the process of closing on the property. Obviously, consideration of this permit is conditional upon the successful opening of the restaurant. A copy of the application is enclosed without page number for your review. Also enclosed on pagesZ �o through 31 is a memorandum from the Finance Department covering the resolution in this regard. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution to permit the Minnesota Valley Humane Society to conduct charitable gambling operations on the LaFonda's De Los Lobos premises upon the opening of that facility. • I • 3< it April 29, 1992 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: APPLICATION FOR GAMBLING PERMIT FOR MINNESOTA VALLEY HUMANE SOCIETY ON LAFONDAS DE LOS LOBOS PREMISES, 3665 Sibley Memorial Highway The Minnesota Valley Humane Society has applied for a second gambling permit to conduct pull tab operations in Eagna. Currently, they have a gambling permit for the Cherokee Sirloin Room premises. They are now re- questing a gambling permit for LaFondas de los Lobos premises, 3665 Sibley Memorial Highway. The Eagan Police Department is reviewing the application and Council action should reflect their findings. LaFondas is not open as of today but Mr. Trujillo hopes to close on the purchase this morning. The City Clerk' s office will keep you apprised. • RESOLUTION CITY OF EAGAN GAMBLING PERMIT FOR MINNESOTA VALLEY HUMANE SOCIETY ON LA FONDAS de los Lobos PREMISES WHEREAS, The Minnesota Valley Humane Society has applied for a gambling premise permit to conduct a pull tab operation at La Fondas de los Lobos, 3665 Sibley Memorial Highway, and WHEREAS, The Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, The Minnesota Valley Humane Society has a pull tab operation at Cherokee Sirloin Room, Eagan, with no reported problems; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Minnesota Valley Humane Society application to conduct a pull tab operation at LaFondas de los Lobos, 3665 Sibley Memorial Highway. Motion made by: CITY OF EAGAN CITY COUNCIL Seconded by: BY: Those in Favor: Those Against: A1TFST: Dated: CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution as duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5th day of May, 1992. E.J. VanOverbeke, City Clerk • • Agenda Information Memo May 5, 1992 City Council Meeting AUTHORIZATION/LARGE CAPACITY MOWER/PARKS & RECREATION DEPT K. Consider Authorization to Proceed with Bids for a Large Capacity Mower, Parks & Recreation Department—Enclosed on pages 'through is a memorandum from the Parks & Recreation Department covering a proposed reallocation of resources for mowing equipment in anticipation of future needs in the City's mowing and grounds maintenance programs. As is outlined in the memorandum, staff feels that the purchase of a second high capacity rotary mower would better serve the community's needs than the purchase of two replacement groundsmasters and replacement reels. This purchase would also imply reduced costs for personnel and maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a reallocation of resources approved in the 1992 budget for capital equipment to permit the acquisition of a second high capacity rotary mower in lieu of the previously approved equipment as identified. • • • • MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION JOHN VONDELINDE, SUPERINTENDENT OF PARKS DATE: APRIL 16, 1992 SUBJECT: MOWING EQUIPMENT ACQUISITION This memo is intended to capsulize the information previously presented to you in a memo • dated March 25, 1992,reviewing the City's mowing operations and recommended equipment acquisition strategy. BACKGROUND In 1992, the Parks and Recreation Department will be responsible for mowing 45 parks, 11 public building sites,27 miscellaneous properties(pump houses,booster stations and outlots) and over 70 lineal miles of boulevards. This totals over 420 acres of turf being mowed on a five-to-seven day interval throughout the growing season. Currently, the department is using three major categories of equipment to meet the City's mowing needs: reel mowers for irrigated turf, a high-capacity rotary mower for larger open areas and 72" rotary mowers units (groundsmasters) for follow-up trimming and smaller sites. By 1997, it is estimated that the turf mowing program will increase by another 177 acres per week, with the anticipated addition of new parks, public buildings and boulevards. This represents an impressive 42 percent growth in the City's mowing operation in just five short years. In anticipation of this increased demand, staff have examined our current equipment inventory in relation to the projected impact this growth will have on City mowing operations through 1997. If the City were to continue its current equipment allocation strategy this would require significant increases in equipment and personnel by 1997. Three additional groundsmaster mowers (along with operators, trucks and trailers to transport them), and an additional full- time gangmower in operation would be needed. After a comprehensive evaluation, staff have concluded that this would not be the most efficient or productive long-range strategy for the City. Of the options available, staff have determined that the best alternative, both now and in the future would be the acquisition of a second high capacity rotary mower. With productivity levels two to four times as high as conventional mowers, this would effectively • eliminate the need for a second gangmower operator and one groundsmaster mower. Ck MOWING EQUIPMENT ACQUISITION APRIL 16, 1992 PAGE TWO Additionally, the elimination of one groundsmaster is not expected to have any negative impact on winter skating rink maintenance where these machines are also used. The purchase of a second high capacity rotary mower (this year) could be accomplished without any additional allocations of funds. As you are aware, part of the approved 1992 equipment certificates includes funding for two replacement groundsmasters ($27,000) and nine replacement reels for the second gangmower ($15,000). This $42,000, coupled with an estimated trade-in value of$13,000 for one reel mower (Unit #329) and one groundsmaster (Unit #333), would provide sufficient funds for the City to purchase a second high capacity rotary mower in 1992. While the obvious advantage to this proposal is reduced long-range equipment acquisition costs, there are numerous other advantages that should be noted. These include reduced personnel costs, lower maintenance costs, more flexibility in equipment assignment and increased total mowing capacity. The specifics of this proposal are covered in detail in the previous memo, should further clarification be needed. RECOMMENDATION The Parks and Recreation Department recommends that the $42,000 in approved 1992 equipment certificates (for replacement reels and two replacement groundsmasters) be combined with an estimated $13,000 trade-in value on Units #329 and #333 to purchase a second high capacity rotary mower. In addition, the Department requests that authorization be given to advertise for bids for the high capacity mower. KEN VRAA DIRECTOR OF PARKS AND RECREATION JOHN VONDELINDE SUPERINTENDENT OF PARKS KV/JV/sb • 28wp.mowing.104 Agenda Information Memo • May 5, 1992 City Council Meeting PURCHASE AUTHORIZATION/COMPRESSOR/FIRE DEPARTMENT L. Consider Authorization to Proceed with Purchase of a Bauer Compressor, Fire Department—Enclosed on page (- .is a memorandum from Fire Chief Southorn covering the recent failure of the breathing air compressor at Fire Station #1. As is outlined in the memorandum, the department is proposing that a new compressor be purchased in place of funding in the capital improvements program for the Gamma Gout emergency vote. The proposed change would also require an increase in the proposed equipment certificate funding in the amount of $4,148. The reasons for this proposed change are outlined in the memorandum. ACTION TO BE CONSIDERED ON THIS ITEM: To approve authorization to proceed with the purchase of a Bauer compressor by the Fire Department and to authorize a $4,148 increase in the equipment certificate funding as presented. Ask IIIP n • city of eagan MEMO DATE: April 21, 1992 - TO: Tom Hedges, City Administrator FROM: Ken Southorn, Fire Chief • SUBJECT: Breathing Air Compressor The American Bristol breathing air compressor at Fire Station 1 has failed and has sustained considerable damage to the motor and compressor pistons. American Bristol no longer has any parts supply depots or repair facilities in the United States. Parts, if required, must be shipped from England or India and typically require 6 months - 12 months for delivery. The estimate for repair of this unit was quoted at $1,950 assuming no further problems are discovered when the unit is disassembled. We believe that an investment of this magnitude in a questionable unit gh would be unwise. The reliability of the American Bristol compressors has been less than Iligr acceptable and we have been phasing them out of service in favor of U.S. manufactured products. Our recommendation is to change the equipment certificates to substitute a new Bauer compressor at a cost of $10,148 in place of the Gamma Goat funding. This substitution will require a $4,148 dollar increase in the certificates. If there are any questions or clarification required, please call. KRS/kmk • Agenda Information Memo May 5, 1992 City Council Meeting • TREE CONTRACTOR LICENSE/DAVEY TREE COMPANY M. License, Tree Contractor for Davey Tree Company—City Code requires that tree maintenance contractors operating within the City of Eagan be licensed on at least an annual basis. An application has been received of the Davey Tree Co parry for a license for calendar 1992. A copy of that application is enclosed on pages'' through V6 for . your review and is in order for consideration by the Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the tree contractor license for Davey Tree Company as presented. AI • • 1-V3 City of Eagan Fee: $25.00 3830 Pilot Knob Road APPLICATION FOR LICENSE License year Eagan, MN 55122-1897";1 TREE MAINTENANCE CONTRACTOR For individual,partnership or corporation who cut, trim, Prone, remove spray or ' treat trees. CG' • I I � e FP hereby make application for a TREE MAINTENANCE CONTRACTOR license for the year 1GJ'/Zfrom the City of Eagan. OWNER: ice-,j!7--1--;----'--- -L' ADDRESS: _ C------- PHONE# `.._----- (street) (city) (state) (zip) BUSINIE S--"; % I Cc' -,G ' 1� i 2 G -6.--7- - ---c--/ i NAME://17/:-.. P�I'c Tr FS& / r% , �/7 / sPHONE # )1 T.0 (street) J' /l/% / /G 2;"/V7-4z;"-- (city) (state) (zip) EMPLOYEES PERFORMING TREE MAINTENANCE: 1 Name: ; / (first) (middl (last) ��a Name: ,, • (first) ;i (middle) (last) Name: (first) / (middle) (last) Name: (first) (middle) (last) (ATTACH ADDITIONAL NAMES) VEHICLES USED FOR TREE MAINTENANCE: ' (name) (y:;ar)i , (make) (mz..el` (license number) (name) /' (year) (make) (model) (license number) (name) (year) (make)7 (model) (license number) (ATTACH ADDITIONAL VEHICLE INFORMATION)/ , 1 EQUIPMENT USED FOR TREE 4./L (e.g., stump grinder, brush dipper, s yer, .) • (name) f' (function) (name) r (function) (ATTACH ADDITIONAL EQUIPMENT INFORMATION) 1---t.,4 REFERENCES OF PREVIOUS CLIENTS: • -- (name) - 4e, (address) (phone #) � J (name) (address) (phone #) • REQUIRED DOCUMENTATION: 1. g Liability insurance in the following amounts: * $100,000 for bodily injuries to one person from one accident. * $300,000 for injury of two or more persons * $200,000 for damage or destruction of property Insurance may not be canceled by insurer unless there is 10 days written notice to the city. If insurance is canceled,licensee must replace with another policy which conforms to ordinance requirements. The license is suspended until insiiranc" is repined. 2. Surety bond in the amount of$2500 naming City as bondholder. 3, Worker's compensation insurance certificate -when such insurance is required by state statute. 4. Certification by Agronomy Division of Minnesota Department of Agriculture as a Commercial Pesticide Applicator must be provided by the applicant or • employee administering chemical substances. SIGNATURE OF APPLICANT: (signature) / (title) (date) OFFICE USE Date Paid: 4 / 7- I2 Amount received: ov.5- , c'0 Receipt #: /6.c se 3 City Council Approval: (date) s THE DAVEY TREE EXPERT COMPANY 1500 North Mantua Street Kent, OH 44240 • May 22, 1991 OFFICERS President and Chief Executive Officer R. Douglas Cowan Vice President, Chief Financial Officer and Secretary David E. Adante . Vice President and Co-General Manager, Davey Tree Surgery Company Howard D. Bowles. Vice President-Operations, Residential & Commercial Services C. Kenneth Celmer Vice President-Human and Technical Resources Dr. Roger C. Funk Vice President-New Ventures $ Gordon L. Ober Vice President and Co-General Manager, Davey Tree Surgery Company Richard A. Ramsey Vice President and Treasurer James J. Reed Vice President and General Manager, Residential & Commercial Services Donald J. Shope Vice President and General Manager, Utility Services Karl J. Warnke Controller Bradley L. Comport Assistant Secretary Rosemary T. Nicholas O DIRECTORS R. Cary Blair William D. Ginn James H. Miller Thomas W. Blazey Richard S. Gray J Maurice Struchen R. Douglas Cowan Eugene W. Haupt Richard E. Dunn J. W. Joy James H. Pohl • (5 Agenda Information Memo — May 5, 1992 City Council Meeting FINAL PLAT/WEXFORD ADDITION N. Final Plat, Wexford Addition—The final plat documents are being processed by the applicant and City staff. If all items are in order and executed in time for Tuesday's meeting, they will be in order for consideration by the City Council at that time. If not, recommendation will be made to pull this item when the agenda is set. A copy of the final plat as it appears for recording at Dakota County is enclosed on page 4 . ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat of the Wexford Addition as presented. • L\--1 • 1 • 1 I • 1 Ii1t 1 a I /_-\--_ a 1 -tiJ 1 1 I 33 belt r ' i / • L f v.,' i 1 " f' , ,;;3 s ir: /:,f;:r/ �j{ i \(yam _u `;" ••�tib • •• `,, ss �A� -w•rn -.nu•>n • '• ( �,b 2. *sue •,L•��, `,1 J ,., ..y ate. •..P • / .s4 a•,, wit e> ,« J t• rvf F✓> tt*I'� ;�'{1 I A }tY•. 1\ fit; s� Cl ii •.e. • t P• ,.�./� .* `�•. •;�� •' i, �i..J ....,....� ' ---.r4�--; air i. „44 so c i '! T} t 4 •l•.., ..*#,,,'.{ n'tiR 4:,;,-.- _ )R •8`:! •0 ;/ ,,„,, tl .( K • FM' I O '1414, ' .•w /� ♦ ,ç r.,� .-ff'-''--z •r• \ 9 ,t.�1.S �� . '7 nt. « � r �t1tY"i > <7 �e � ti fit. t1 dw. hl:'•''•$.•• i :1 ,t 11• . 1 • M.. 1 1 • / �I ;i.s ti .an•'^ Ii ( ;1 =1 i 1j v. 1, _4 "-_.-'+ '(`!��'�O ,�i ,. ,, ,, al`,I s !.\ ,+ °..._100.0±_-, ..s 6 W c. lY,?• . ?�� ; A •• ^ ; *C/ V*,, 7S 1/Y' 1 C) C L i J•h e n+' ; • / ,• ",` \•�\' •Mr ; ,wf”.rl a I w f p n. -i • • UJI •r, < i • • tit �� t ', fi., #;► , 0. • V 1 0 111 I.- s �` f F le R t c Li t () i ; ; •i . ....; iti 1:0 1 •• y1 w.... .ts •I ------"-----") S I «...•I•.�....ns.......-..— i V w' i i e i • I .. • , • .•... . . V% Agenda Information Memo May 5, 1992 City Council Meeting SETTLEMENT/STIPULATION/STERTZ/MARSTAD O. Stipulation of Settlement, Stertz vs City of Eagan; Marstad vs City of Eagan— Stipulations of settlement have been negotiated with both of the above parties with respect to Project #592 involving the construction of a lift station and force main from Pond BP-6 to the existing trunk storm sewer in Thomas Lake Road. A copy of a memorandum from the City Attorney's office as well as the stipulations in this regard are enclosed without page number for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the stipulations of settle- ment in the matters of Stertz vs City of Eagan and Marstad vs. City of Eagan as presented. Agenda Information Memo • May 5, 1992, City Council Meeting APPROVE PROCLAMATION FOR NATIONAL PUBLIC WORKS WEEK P. Approve Proclamation for National Public Works Week--National Public Works Week is designated as May 17-23, 1992. "Quality of Life Through Public Works" is the theme of the week which is dedicated to recognizing the efforts and achievements of the Engineering and Maintenance professionals responsible for providing and maintaining those improvements necessary for a community to function in a safe and orderly manner. Enclosed on page 5( is a Proclamation for Council consideration in officially recognizing the activities of this public service. As a kick-off to celebrating this week, the City plans to hold an Open House on Saturday, May 16, and officially dedicate the recently completed 16 MG water filtration treatment facility located at the corner of Cliff and Pilot Knob Road. In conjunction with this dedication, the City will also be hosting a similar Open House and exhibition of the various complex pieces of equipment used in maintaining the City's parks, streets and utilities at the recently completed expansion of the City's Central Maintenance Services Facility located at Coachman and Yankee Doodle Road. ACTION TO BE CONSIDERED ON THIS ITEM: To officially proclaim May 17-23, 1992, • as National Public Works Week with an official kick-off Open House/Dedication of the City's new Water Filtration Treatment and Central Services Maintenance Facilities on May 16 and authorize the Mayor and City Clerk to execute said Proclamation. • CITY OF EAGAN, MN • Office of the Mayor& City Council PROCLAMATION WHEREAS, public works services provided in.our community are an integral part of our citizens'everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works.systems and programs such as water and sewer utilities,public streets and buildings, along with snow and ice control; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and educated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, • NOW, THEREFORE, I, the Mayor and City Council of the City of Eagan, Mn., do hereby proclaim the week of May 17 through May 23, 1992, as "NATIONAL PUBLIC WORKS WEEK" in the City of Eagan, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. Given under my hand and the Seal of the City of Eagan this 5th day of May, 1992 Mayor City Clerk • 5( Agenda Information Memo May 5, 1992, City Council Meeting APPROVE CHANGE ORDER #1 (TH 149 & OPPERMAN DRIVE Q. Contract 91-01, Change Order#1 (TH 149 & Opperman Drive)--Change Order #1 for the above-referenced contract consists of 7 parts described as follows: Part 1: Repair existing trunk water main valve at northeast corner of TH 149 & Opperman Drive (add $1,074.70). Part 2: Installation of new trunk water main valve and additional cost to locate existing trunk water main (add $4,549.44). Part 3: Install new shut-off valve and water service to UPS (add $4,000.45). Part 4: Install new hydrant at southwest corner of Opperman Drive and Delaware Avenue (add $1,003.75). Part 5: Core drill existing concrete for new traffic control signs at Opperman Drive (add $400). Part 6: Removal and disposal of buried concrete rubble north of UPS entrance (add $696). Part 7: Reconstruct existing 72" diameter storm manhole (add $1,035.08). Items #3, 5, 6 & 7 will be included with the assessable costs for this project. Items #2 & • 4 will be financed by the Trunk Water Utility Fund and Item #1 will be financed through the 1992 Operational Repair Budget. Total amount of Change Order #1 results in an additional $12,759.42 with $6,131.53 being assessed, $5,553.19 being financed by the Trunk Water Fund and $1,074.70 being financed through the '92 Operational Budget. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 91-01 and authorize the Mayor and City Clerk to execute all related documents. • Agenda Information Memo May 5, 1992, City Council Meeting APPROVE EXPENDITURE FOR EMERGENCY REPAIR WORK (YANKEE DOODLE ROAD RESERVOIR) R. Expenditures for Emergency Repair Work (Yankee Doodle Road Reservoir)--Due to a failure in the System Control and Data Acquisition (SCADA) telemetry system controlling the elevation of the Yankee Doodle Reservoir, on Sunday morning April 26, this reservoir overflowed causing extensive damage and eroded wash-out of the north side of the reservoir adjacent to Yankee Doodle Road (County Road 28). While the telemetry control system is still being evaluated to identify the source and cause of this control and alarm failure, it is necessary that this hillside be re-established as soon as possible to restore the structural support to the reservoir. In addition, additional storm sewer facilities should be installed to eliminate a similar reoccurrence with a potential future similar telemetry system failure. The estimated cost associated with this emergency repair work is $26,000. Due to the limitations associated with the competitive bidding requirements restricting the City's ability to immediately proceed with this repair work, the City staff is requesting the City Council to declare this an emergency repair work order and authorizing the expenditure of funds as necessary to secure and stabilize the site and utility storage facilities. Costs associated with this work will be covered through a combination of insurance claims, supply/storage and operational repair funds. The Public Works Director is available to explain in further detail any aspect of this • occurrence at the Council meeting as necessary to answer any inquiries. Additional information is included with the Informative Memo. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the expenditure of public funds for the emergency work for the damage associated with the recent overflow of the Yankee Doodle Reservoir. • S3 Agenda Information Memo May 5, 1992, City Council Meeting FINAL PLAT/DEERWOOD PONDS S. Final Plat, Deerwood Ponds--The final plat documents are being processed by the applicant and City staff. If all items are in order before next Tuesday's meeting, the final plat can be considered by the City Council at that time. If not, a recommendation will be made to remove this item from the agenda. A cozy.of the final plat as it appears for recording at Dakota County is enclosed on page efr . ACTION TO BE CONSIDERED ON.THIS ITEM: To approve the final plat for Deerwood Ponds as presented. (7 • • N Pta . •Hurl I I U- ! I !p .emu i 1� ` 1I� 4j� qi a b ° •INI y �!Q�7 i N� 31•41.3m W s Ill Q 11-1 1 a r.; Y _v a •F . • I Ili@ •.� :��; ,:::�, ;: .. - �.7.E ).:':::;: ' w • ` t rI 1111 wri' Cr..; tYf 1 g tt - , -------7.- r-E.'-"-.- ' ---- ---*--:...--'..—•.—. r.-'' , icir I= fl/ I IS c• / 1 I/ 7. ' • 0 J " •, l ..., • ,..; _. .• tam r ms's\\•o .,� �' p. 1' . J' N Q I I 11 40 i--....,-.4,6.;.:..i{i Q. 0 X0 I I ��1 ►wr:. r ` Z E. 2, l f. n L i i+ •1" O. W .` I , ■ I .. . i N !' �'+'�. i 1 1 s s i l i o 1 • s y a i � in 14 y r-i 1 II (-// /17 i .A . as s■. fb .. , -- ...-...7•-• ‘ s ) s\ #4.,.. • .•...........„.,, r. + �� H ai`+ 's � • ..Sf` .�'\ �1\=44J t1j ill I I !�L ` � '‘,414t: r i 't..ts A p �•t` - N 11t C I 1 •• `1 • , �. •. ti' s° I ill I •/ r 1 1 •••r.- _ . \s /., 1 - , 4 S ) i/• _ { / p I l • c/ / '11! 1` 4r t I I= O / I (' ,• as.,_s0ov 0 0Mk133'. s�i::r.._..:3 I f - u 0 g I.w • . b•3 Agenda Information Memo May 5, 1992, City Council Meeting 'PUBLIC.HEA,RING8 VACATION/OUTLOT D, KNOB HILL OF EAGAN A. Vacate Drainage & Utility Easements, Outlot D, Knob Hill of Eagan--On April 9, the City Council received a petition from the developer of the proposed Deerwood Ponds Addition requesting that the City vacate the public drainage and utility easements dedicated over Outlot D, Knob Hill of Eagan Addition as shown and described by the graphic enclosed on page S 7 . The Council received that petition and scheduled a public hearing to be held on May 5 to formally discuss the merits and any concerns that may be associated with this request. This request is being made to allow new public drainage and utility replacement easements to be dedicated with the final plat of the Deerwood Ponds Addition. Although the final plat approval is scheduled earlier on the Consent Agenda, if, for some reason, this final plat is not approved, the approval of this vacation should be conditioned upon it not being recorded until the final plat for Deerwood Ponds is ready for simultaneous recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the vacation of drainage and utility easements over Outlot D, Knob Hill of Eagan Addition, as described and authorize its recording at Dakota County only with the simultaneous recording of the Deerwood Ponds final plat. s s � • KNOB HILL OF EAGAN • NW coi of SE% of SE%v �. �>Nor/% /i o/SE4 o1 SE/4 Ste.2/, T Z 7,/P 23 133 33 i of Sec. 2/, T27, R.23 r." NEcoc Se of SEMI I .�I i --i N89.07'41•E i3iz.se- -- ofStc. 2/,T.27R23'.--I- ,.y° 11 I( • )os.00 '.• \(1.WET LAryp.V I L 7 I 33 I J 4. I G a 01 p Q •MI O c] 0 • d �� NEt VP I� —�7 - ]n ■ N I m s- PNO r I O a, L ss, Y N Y' l� : :i K. OUTLOT D r PTON _- v) I a ' * /• co Lll 3o n r- I a 1'n o v: N O 3'',....1 I. I ,„ QC N NnS'CJ'Ot1'E 431.0: J .. .' U. T >50 2i 1 O C: r-. Z a Q 3U ".42 --0-9494 77[ - "� •�'.'t -V :y O . y3i �_ ttN • �!'1-9 " _----/ 1 09"50 • lo FI 'sr •.- lV in °o m, t`� \ .gyp _ I } a • Zr, _°.�� Id,-,�.fI „�B,al 0■ . g1-11: --- Q c r .~ a fh ,.,� c \ "t ,•1 1,.�., I v_ z --„ 2 \ Cr :� e eos I Vr -- .\ l\ zsj �; ^ X09 _i: ,v C \\:o s fe� d�a I a= \ i• y I / I�—\ � ' ..,•,' .,.w iii! � r-IM ° V, I ` 7�� 4 I �� L`U^ T ,' _ ` 'c I i a/j �: EASEMENTS TO o .�� o I I21-- _ r -� a 'IC ,o BE VACATED oo ,� „I ;cn o . . J 'I IW r- -1 I 8 ;.. a .. %U/�//y c I o} I N o J "' i di ;Hogs eosainsnf'1 I , 'w dronope eosenanrl !II._ \ w ~�^ o. r 1 f l01{ Tli . __ , �_ I 3a3_ac— — — — J�oZ F- O . , �. Ze7Tas ... W so S O 5 J' '''' 1-..r: OUTLOT O• �P 4 _. - •-TiI I ii.a2 .42 f p�C p p • ^p ti '�T2�;El� .`---p e p p -- Nii'5l09"E Itti.74-- ,n -..�t COUNTY STATE Al D r HIGHWAY19i-1iNO. 30 (DIFFLEYr ROAD) _L- _ M ~3 .. --? rs Outlot D, KNOB HILL OF EAGAN, except that part thereof described as follows: Commencing at the Northeast corner of said Outlot D; thence on an assumed bearing of South 21 degrees 54 minutes 36 seconds West, along the Easterly line of said Outlot D, a distance of 277.51 III feet to the point of beginning; thence South 03 degrees 33 I minutes 26 seconds East 85.00 feet; thence South 42 degrees 56 minutes 34 seconds West 75.00 feet; thence South 06 degrees 15 minutes 20 seconds West 68.09 feet; thence South 75 degrees 13 _ o0 minutes 55 seconds East 92.00 feet to the Easterly line of said SCALE IN FEET Outlot D; thence Northerly and Westerly along the Easterly line of said Outlot D to the point of beginning. ^ 7 . • Agenda Information Memo May 5, 1992 City Council Meeting 14.1.sWESS. PARKING PETITION/EAGAN HIGH SCHOOL A. Petition, On-Street Parking at Eagan High School—A petition has been received from residents in the vicinity of the Eagan High School requesting that parking permits be issued for residents of their area and that this permit parking be enforced against high school students illegall p king in the neighborhood. A copy of that petition is enclosed on pages ? gi through X for your review. Also enclosed on pages C through -1D is a memorandum om Public Works Director Colbert and Police Chief Geagan reviewing the issue, the means necessary to implement a permit parking system and the costs associated with that system. If approved by the Council, it will be necessary to identify a funding -'j source for the additional costs. At the present time, it appears that the Police Department would be able to administer the distribution of permits in this regard. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the implementation of a permit parking system in the Stafford Place neighborhood adjacent to the Eagan High School as presented. • 4 50 2 4 C05 t Sk - Co'=' 0 • III 5-(g • • PARKING PROBLEM EAGAN HIGH SCHOOL - The purpose of this petition is to show the City of Eagan how the following residents feel about the parking behavior of the high school students at Eagan High School. We have been experiencing the following problems relitive to this issue: • A parking lot environment in front of all of our homes. . • Racing style driving habits. Over excelleration of vehicles when starting out. • Using our driveways to turn around in. One car spun their tires in my driveway." • Littering on our lawns. I have to go out every night to pick up the cans and other garbage. • Parking on our grass in an effort to pull off the road. Note: These streets are so narrow that there is not enough room to park. *In Mid April the parking restrictions for snow removal will not be effective and they will be able to park on both sides of the street. This will make it difficult to drive down the streets. • *Using their cars as escape area's to smoke and snack during break periods as well as after school. As you can see by the long list of residents in this once quiet neighborhood that we feel there is a BIG PROBLEM here. We ask the City of Eagan to respect the needs and concerns of this neighborhood and put up signs to make these students park where they belong. Enclosed is a map of the residents that a directly affected as well as their signature demonstrating their support on this matter. Please address this serious issue in our neighborhood. Thank You, The Citizens of Eagan ‘'j • L__51 ,o Proposed resolution would allow resident parking by permit only. Rational: 1. This would insure that the students would have to park on the school parking tot or ride the buss. This would support what the school said they were trying to accomplish. This keeps the students confined to an area where they can be protected and monitored. The residents could park in the area any time ( with the exception of stilt observing the odd even day parking ordinance for snow removal. 5. This would help reduce opportunity for vandalism and mischievousness. 11110 . • • • • I • List of home owners who are directly effected:. • Pennsylvania Ave. Ad&ess Signature 1( / Agifillarw `/4178 Pennsylvania Ave. '" .(4" V4174 ✓4183 4 l =_ fligg 014664- /' 4175 d c;G �� f r� 4177 4167 v 4163 '\ S , • 4159 044441 N., 4155 {4....4 • 4143 `� 4139 M Mr 4125 4126 4130 4134 • � ay,t,4146 • 4150 • 1 �i . 5i.etti?y 7 • • 4154 • . f 4158 ` 4162 Or I,��SQ` 5� " J Reading Rd. • - , / , _ 4172 Reading Rd. ....4. I ,,r.P 4a AA . , `'4180 • to A X4188 ./4 I • A :A �' 4196 t+-r" • :pl.! 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Pr .° .4...2\ '..;719'S •ha,V.Z.: .., • •S{. ...A.1 y/se•a g:::: Vs ••'• *.N i • I I , - Ipt 1 MEMO TO: THOMAS L HEDGES, CITY ADMINISTRATOR FROM: PAT GEAGAN, CHIEF OF POLICE THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: APRIL 30, 1992 SUBJECT: PETITION/ON-STREET PARKING BY PERMIT ONLY EAGAN HIGH SCHOOL/STAFFORD PLACE ADDITION On April 9, the City Council received the attached petition representing 40 property owners within the Stafford Place development requesting that on-street parking be restricted to a "by permit only" basis within this subdivision. In response to this petition, both of us being familiar with the history of the issue and the concerns of the residents, concur that there is a significant amount of continuous on-street parking in certain areas of the Stafford Place development. Even while conforming to existing codes and ordinances regarding no-parking zones (fire hydrants, driveways, mailboxes, stop signs, etc. ) , it still results in minimizing the efficient and safe flow of traffic through this residential neighborhood. Subsequently, we concur that an on- street parking restriction has merits and can be justified from a traffic engineering and enforcement position. In response to the petitioners' proposed method of restricting • parking to a permit only basis, that can be accommodated with the Police Department issuing permits to affected homeowners for placement on the dashboard `of any vehicle to be parked on that street. Any vehicle not having the officially issued permit would be subject to a citation and related enforcement measures. Taking into consideration the limited time when the problem occurs as well as trying to minimize the inconvenience to the homeowners, it is recommended that signs be posted that would state the following restriction: PARKING BY PERMIT ONLY 9: 00 A.M. - 3:00 P.M. WHEN SCHOOL IS IN SESSION We would propose installing the signs on every other lot line over those streets within the areas identified by the attached map. It is estimated that the following cost would be associated with the acquisition and installation of this restrictive signing. 44 Special "Parking By $13.00 $572. 00 Permit Only" Sign 4 Winter Parking Restriction $42 .00 $168. 00 88 Channel Post (2 per sign) $7.00 $616.00 40 Hours - Maintenance Personnel $20.00 $800. 00 20 Hours - Equipment $23 .00 $460. 00 TOTAL $2,616.00 • Page 2 • It is felt that the implementation of the restricted parking within the designated limited area will not only effectively handle the current problem, but also conforms to the location of the concerned petitioners. This petitioned request has been reviewed by the City's prosecuting attorney who provided assistance in recommending the frequency and location of the signage to provide adequate support in defending any challenges to this parking restriction. City Code Section 9.02 "GENERAL PARKING PROHIBITION" allows the City to enforce parking restrictions "at any place where official signs prohibit or restricts stopping, parking or both". If the City Council determines that restrictive signing should be installed and enforced, it would take approximately 3-4 weeks to have the specialty signs printed with another week for installation. Also, due to the fact that this expenditure has not been budgeted for, the source of funds should be identified and approved for expenditure with any related Council action. If you would like any further information or involvement in responding to this request, please feel free to contact either one of us. • 4 Chief of elicit Director of Public Works PG/TAC cc: Ken Aszmann, Police Captain - Operations Arnie Erhart, Superintendent of Streets/Equipment (W/Enc) Attachments Agenda Information Memo =_ • May 5, 1992 City Council Meeting SENECA DEVELOPMENT AGREEMENT AMENDMENT B. Execution of Amendment to Seneca Plant Development Agreement—At its meeting of January 21, 1992, the City Council approved an amendment of the Seneca Wastewater Treatment Plant Development Agreement to incorporate certain changes relative to odor control improvements. Enclosed on pages through .2 is a memorandum from the Community Development Department covering the amendment and correspondence from the Metropolitan Waste Control Commission providing an update on the status of these improvements and completion dates consistent with the agreement. The amendment is in order for consideration by the Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the first amendment to the Seneca Plant Development Agreement as presented and direct its execution. • • cA\ MEMORANDUM TO: Tom Hedges, City Administrator FROM: Kristy Marnin, Senior Planner - DATE: April 28, 1992 SUBJECT: City Council Agenda Item May 5, 1992 Meeting Amendment to the Seneca Plant Development Agreement Attached is a copy of an amendment to the Seneca Plant Development Agreement, as approved by the City Council at its January 21, 1992 meeting. The City Council is requested to approve execution of the amendment document. • As you may recall, this amendment was necessitated by the MWCC's default of the Development Agreement regarding the date for completion of incinerator odor control improvements. As an interim alternative to alleviate odor concerns prior to completion of the incinerator improvements, the MWCC proposed the installation of the N-Viro process, which was accepted by the City Council. The attached amendment, drafted to incorporate the City Council 's comments from the January 21, 1992 meeting and to document the changed circumstances relative to the solids project, contains the following basic components: 1) a change in the date of completion of incinerator odor control improvements to July 31, 1993; 2) a discussion of the installation of the N-Viro facilities, with a final completion date of July 14, 1992 ; and 3) a discussion of shut down and start up of the incinerators. Also attached is a copy of a letter from the MWCC to the City regarding the contractor's request for an extension of the completion dates for N-Viro as contained in the amendment. The contractor has asked for time extensions totaling 19 calendar days due to delays caused by the severe weather last fall and poor soil conditions on the site. Although the requested time extensions have been granted by the MWCC, the contract documents for the N- Viro project were drawn up consistent with the language in the amendment document, which establishes a substantial completion date of June 14, 1992 and a final completion date of July 14, 1992. In addition, the letter indicated that the MWCC has initiated meetings with the contractor in order to identify ways for mitigating the impacts of these delays on start up of the N-Viro facility. If you have any questions regarding the amendment, or action requested of the City Council on this item, please advise. • Attachments cc: Dale Runkle Jim Sturm • FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment is made as of day of 19 by and between the City of Eagan, Minnesota, a municipal corporation organized and existing under the laws of the State of Minnesota ("City") and the Metropolitan Waste Control Commission, a metropolitan agency established pursuant to Minnesota Statutes Section 473 . 503 ("MWCC") . WHEREAS, on March 2, 1989 the City and MWCC did enter into a Development Agreement ("Development Agreement") ; and WHEREAS, due to the existence of a number of factors, certain time schedules originally set forth in the Development Agreement addressing sludge management have been unable to be met; and WHEREAS, the parties are desirous of amending the Development Agreement to provide for an appropriate timetable consistent with circumstances as they exist today; NOW, THEREFORE, in consideration of the foregoing premises the parties hereto agree as follows: 1. Article 3 .3 (b) of the Development Agreement shall be deleted in its entirety with the following language inserted in lieu thereof: • 3 . 3 (b) (i) As soon as possible but no later than October 1, 1989, MWCC shall begin implementation of the design phase of the best and most cost effective technology available for incinerator odor control methods. If the MWCC approves incineration, in whole or in part, for sludge management based on • r-A recommendations of the Residual Solids Management Study, as soon as possible, but no later than July 31, 1993, incinerator odor control equipment will be completed, installed and operational. (ii) MWCC shall include its Project a contract for construction of facilities for a sewage sludge process known as the N-VIRO process. Contract documents for the N-VIRO process shall provide that construction of the N-VIRO facilities shall be substantially complete by June 14, 1992, and finally completed by 14 July , , 1992. In order to facilitate the construction of the incinerator odor control equipment as provided in this Agreement, MWCC shall temporarily cease operating its incinerators in accordance with the following provisions: (a) MWCC shall temporarily cease operating one of its two incinerators prior to March 1, 1992 and shall continue to cease operations in one incinerator until the odor control equipment is installed in the incinerator and is successfully operational. (b) MWCC shall cease operating its second incinerator no later than one week following successful start-up and operation of the N-VIRO process and shall continue to cease operation in the second incinerator until the odor control equipment in the incinerator is installed and is successfully operational. (c) It is hereby mutually understood and agreed to by the MWCC and the City that the shutdown of the MWCC's two incinerators located in the Project area is a temporary shutdown • 2 until the installation and successful operation of the odor control equipment in the incinerators and that upon installation • and successful operation of the odor control equipment, the MWCC will es r ume operation of p the two incinerators in the Project area. (ii) Following completion of the construction of the N-VIRO facilities, MWCC agrees to notify the City in writing of . the initial operation of the N-VIRO process within 48 hours of such initial operation. Further, MWCC agrees to notify the City in writing of the successful start-up the N-VIRO process within 48 hours of such successful start-up. (iv) Until July 31, 1993, should any major developments occur which the MWCC determines will impair the success of the N-VIRO process prior to July 31, 1993, MWCC agrees to immediately notify the City of such major developments and to report such major developments in writing to the City within 48 hours of the MWCC's determination. (v) If the MWCC approves an alternative to incineration based on the recommendations of the Residual Solids Management Study, as soon as possible, but no later than July 1993 , odor control of alternative treatment and disposal methods shall be fully operational. All the other terms and conditions of the Development Agreement dated March 2, 1989, shall remain in full force and effect. 3 • IN WITNESS WHEREOF, the parties have hereunto set their 0 hands. -- METROPOLITAN WASTE CONTROL COMMISSION, a Metropolitan Commission established pursuant CITY OF EAGAN to M.S.A. Section 473.503 By By Its Its By By Its Its APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney's Office MWCC Associate General Counsel Date Date APPROVED AS TO CONTENT: DIRECTOR OF COMMUNITY DEVELOPMENT Date 4 • Metropolitan Waste Control Commission ''•••� .Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 222-8423• • April 22, 1992 Mr. Thomas Hedges City Administrator • Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 • . . • Re: Eagan/MWCC Development Agreement Dear Mr. Hedges: This letter is intended to provide a status up-date of the N-Viro sludge management facility currently under construction at the Seneca wastewater treatment plant. Consistent with language in the proposed amendment to the Development Agreement, contract documents for this facility established a substantial completion date of June 14, 1992 and a final completion date of July 1, 1992. U4, a ttosLi e y/Z9/91,- Since the issuance of, a notice to proceed, however, the Contractor has been delayed because of severe weather and poor soil conditions. As a result, the substantial and final completion dates listed above have been extended by a total of 19 calendar days. The Contractor's first request for a time extension noted the extreme snowfall and cold experienced during the month of November. Based on record snowfalls beginning with the October 31st snowstorm and unseasonably cold temperatures during that same period, a contract extension of 5 days was requested. Because these conditions had a direct impact on the Contractor's ability to proceed with construction and could not have reasonably been anticipated at the time this project was bid, a 5 day extension was granted. Time extensions totaling 14 days have also been granted as a result of poor soil conditions encountered during construction of the building foundation. Even though the existence of. unstable soils was known from the outset of the project, actual conditions encountered during foundation preparation necessitated modifications which had a direct impact on the Contractor's schedule. The time extensions associated with poor soil conditions consisted of an additional 9 days required for evaluation of conditions and development of recommendations for dealing with the unstable soils, 3 days for pipe support • Equal Opportunity/Affirmative Action Employer • • tal Mr. Thomas Hedges April 22, 1992 Page 2 modifications and an additional 2 days required for the placement of the concrete foundation. The Commission has recently initiated meetings with the Contractor intended to identify and evaluate possibilities for mitigating the impacts of these delays on start of the N-Viro facility. Under consideration is the possibility of paying the Contractor for acceleration of critical activities if by so doing . . we can recover .some or all of the lost time. We will keep, you • informed• of the status -of these meetings and the overall schedule. - •• -- for start up of the N-Viro facility. Sincerely, Gordon O. Voss Chief Administrator GOV:am CC: Jeanne Matross Rebecca Flood Pauline Langsdorf Bryce Pickart Bruce Baumann, Commissioner Margaret Schreiner, Metropolitan Council William Moore Robert Isakson Harold Voth Michael Dougherty APR-29-92 WED 13:28 NWCC CO FAX NO, 6122292138 P.02 i f lm+!!!? MO l rnjx�lilnn Waste Control Commission • Mears Park C:enIre, 2'x(1 Rig Fifth Strr.r.t, St Paul. Minnow 55101 -._ 61x7 727-8423 • April 29, 1992 Mr. Thomas l:edqes City. Adminictrotor Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 • Mlci faymadMiled 6cvcicryuuciiL AmaccmcitL DaLc evtLCuLiwi Dear Mr. Hedges: On April 22, 1992 I cent you a ctatuc up-date of the N-VIRO sludge management facility currently under construction at the Seneca wastewater treatment plant. In that letter I stated that, consistent with the proposed amenAment to the novelnpment A reamont, nnntrart rinrtimenta far this facility established a substantial completion date of June 14, 1992 and a final completion data of July 1, 1992_ Consistent with the proposed amendment language, the contract documents for the N-VIRO project provide for final completion date of 14 1992 and my letter to you should have read at the end of the first paragraph "a final completion date of July 14, 1992.," Please make the date correction on the copy of the letter I sent to you. Attached is a corrected letter. Sincerely, • Gordon 0. Voss Chief Administrator GOV:am Encl. CC: Jeanne Matross Rebecca Flood Pauline Langsdorf • Bryce Pickart Bruce Baumann, Commissioner Margaret Schreiner, Metropolitan Council William Moore Robert Isakson Harold Voth • Michael Dougherty • Equal Opportunity/At rmative Action Employer o • • Agenda Information Memo May 5, 1992 City Council Meeting DAKOTA ALLIANCE FOR PREVENTION NOMINATION C. Nomination, Dakota Alliance for Prevention—A presentation was made by representatives of the Dakota Alliance for Prevention at the April 21, 1992 City Council meeting. At that time,the group indicated an expectation that the City Council would make a nomination for a community representative to be considered for appointment by the Dakota Coun :oard at the May 5 meeting. By way of background, enclosed on pages S f through is information concerning DAP, including a job description for nominees and a nomination form. Also enclosed on pages through 21 are names of potential nominees identified by the DAP Interim Planning Team. This list was forwarded by DAP to assist the Council in making a nomination, but is not intended to exclude other qualified candidates. If an obvious consensus appears, the City Council may move ahead with an ordinary motion in this regard. The Council may, at its discretion, cast a secret ballot in this regard and then ratify it with a motion to nominate. Ballots will be available if the Council wishes to pursue this option. The City Administrator has requested that his name not be included on the ballot. In addition, certain Councilmembers had inquired as to whether Debbie Hedges would be interested in this nomination. While the confidence and support of the Council is appreciated in this regard, Debbie's schedule and responsibilities at this time would not permit her to accept a nomination in this regard. ACTION TO BE CONSIDERED ON THIS ITEM: To nominate a community representative for consideration by the Dakota County Board of Commissioners for the Dakota Alliance for Prevention. • • KOTA COUNTY Fax(61 Z;45�2948 0-261 � COMMUN ITY SERVICES DIVISION 33 EAST WENTWORTH,WEST ST.PAUL,MINNESOTA 551 DEPARTMENTS: C Community Services Director(612)450-2743 C Extension(612)463-3302 C Planning(612)450-2742 ❑ Public Health C Community Corrections West St.Paul(612)450-2614 Hastings(612)438-8288 Apple Valley(612)891-7500 Apple Veuey(612)891-7200 ❑ Social Services+INNE So.St.Paul(612)552-0276 West St.Paul(612)450-2990 C Employment&Economic Apple Valley(612)891-7400 Assistance(612)450-2611 0 Veterans'Services West St,Paul(612)450-2601 . Dakota Alliance for Prevention History Dakota County received a five-year community partnership grant for substance abuse prevention from the Office of Substance Abuse (OSAP) , under the Department of Health and Human Services, on August 15, 1991. Across the nation there are 252 of these grants. The mission of the • -. . - anc - - • alce. • • er •ru• ab _ - -lated •roblems in ti - count throu.h communit •artne • '.• - is • *. abor- ' • . The policy- making body which will address these issues is the Dakota Alliance for Prevention (DAP) . From the beginning, this project has been one of cooperation and collaboration between agencies, citizens, government, and the various systems in the county. Over 100 people contributed to the preparation and writing of the grant. A team of 11 interested people attended 'a week-long leadership training on team building and community mobilization in October of 1991. These people have been meeting regularly as the Interim Planning Team (IPT) in order to plan for the creation of the Dakota Alliance for Prevention. Project Staff . As of March 1992 , all staff have been hired. This includes a Chemical Health Project Coordinator, two Chemical Health . Promotion Specialists, and a clerk typist. In addition, a part- time staff from Dakota County Extension Services, will contribute to the project, especially in the promotion of multi-cultural diversity. Organization In order to create a comprehensive community-wide collaboration in this effort, the ideal make-up of the DAP would include 25 representatives from cities and townships as well as people from the various systems (ie. , schools, law enforcement, religious institutions, government, business, parents, youth, social . service agencies, criminal justice, etc. ) AN EQUAL OPPORTUNITY EMPLOYER Printed on Recycled Paper Be pan of the solution! i Action Plan Once formed, the DAP will determine their structure, policies, and procedures, and create committees to carry out the tasks necessary to achieve their goals. By doing a needs assessment, they will identify the needs of county residents as well as the strengths, gaps, and barriers regarding services and prevention efforts. This will provide baseline data and the information necessary to develop appropriate goals, objectives, and an action plan. Nomination Process Representatives will be nominated from three areas: cities and townships, the Consortium of Care Givers, and an at-large group. Together they will represent the various geographic locations as well as the systems in the community (ie. , schools, parents, youth, agencies, law enforcement, religious institutions, business, civic and volunteer, etc. ) . Appointments will be made by the Dakota County Board of Commissioners. Cities Eleven city councils will be asked to nominate a representative. These include: West St. Paul, South St. Paul, Mendota Heights, Inver Grove Heights, Eagan, Burnsville, Apple Valley, Rosemount, 40 Lakeville, Farmington and Hastings. Nomination packets defining the role and responsibility of a member as well as the selection process will be sent to the city councils. Project staff and/or a local representative will contact the mayor, administrator, and council members of each city to discuss the project and to ask to be on the agenda of an upcoming council meeting. School districts will be notified of this process and encouraged to contact their cities to suggest names. Nominations should be submitted no later than May 28, 1992 . Local Efforts In addition to this county-wide policy group, local efforts focusing on preventing and reducing substance abuse and related problems are essential for success. Local commissions, networks and projects will be able to involve citizens in responding to the needs of their own community. The DAP will support these efforts by sharing resources (ie. , staff, media efforts, training, etc. ) and a larger network of interested citizens. For further information, contact Mary Montagne, Chemical Health Project Coordinator at 450-2902. 110 �� DAKOTA ALLIANCE FOR PREVENTIOlo � 4NNE.01! MISSION The grant is available to help Dakota County address alcohol and other drug abuse prevention to The mission of the Dakota Alliance for Prevention achieve the following major goals: (the DAP) is to reduce and prevent alcohol and other drug abuse and related problems among youth A Develop the Dakota Alliance for Prevention and families by coordinating prevention efforts in (DAP). Dakota County. A Develop a plan to coordinate efforts in prevention and intervention. HISTORY A Ensure a single, but strong,community-wide In 1991,Dakota County received a five-year message regarding prevention. community partnership grant for alcohol and other drug abuse prevention from the Office of Substance A Build on existing successes. Abuse Prevention (OSAP). Across the nation there 0 are 252 of these grants. Minnesota was awarded six of them. STRUCTURE The grant outlines a plan for helping communities come together to address alcohol and other drug In order to create a comprehensive community-wide problems as a team. The grant is not to be used for collaboration, the ideal make-up of the DAP will include 25 representatives from cities and townships direct services, such as counseling or prevention as well as people from various systems in the activities. community. Committees and local commissions will address specific and local issues. The team will include people from different systems and geographic locations in our-community. The The DAP employs four full-time and one part-time goal is to develop a long-range plan for alcohol and staff. They will be available to the DAP and other drug abuse prevention in Dakota County. community members to help achieve the goals Once the plan is developed, the members of the outlined in the grant. DAP will work to complete the plan. Partnership Members are from the Following Systems: 0 Education • Religious • Social Service .• Civic/Volunteer • Health • Government Housing • Criminal Justice • Youth • Pare • Business • Minorities • Media . 3 OHOL & OTHER DRUG COMMUNITY RISK FACTORS ABUSE IN DAKOTA COUNTY The following risk factors increase the probability of alcohol and other drug abuse problems. How Much of a Problem Do We Have? A Community laws and norms favorable toward drug use. We'd like to think that alcohol and other drug abuse isn't a problem in our community. The truth, • Availability of drugs within the community. however,is that Dakota County, like other counties, has a serious problem with alcohol and other drugs A Transitions and mobility (communities that and related issues. are characterized by high rates of mobility appear to be linked to increased use of alcohol Did you know that, based on the Minnesota State and other drug problems). High School League Survey and Dakota County's 1991 Population/School Indicator Trends: A Low neighborhood attachment and community disorganization. A Alcohol is, by far, the most widely used substance among Minnesota students, ♦ Economic and social deprivation. followed by tobacco,marijuana,speed, prescription drugs and inhalants? • The average age of first use of alcohol or WHAT CAN WE DO FOR other drugs is 12 years? YOUR CONIMUNI1 Y A Three out of four teen pregnancies are conceived while one or both parents are A Training and Education under the influence of alcohol or other drugs? A Needs Assessment A Since 1989, the number of teens aged 15- 19 A Focus Groups becoming pregnant in Dakota County rose by 8%? A Networking • In one year, the number of drunk driving A Seed Money occurrences in Dakota County showed a dramatic increase of 31%? • Provide Resource Information • DAKOTA ALLIANCE FOR PREVENTION 33 East Wentworth Avenue • Suite 345 • West St. Paul,MN • 55118 Phone: 450-2902 • Fax: 450-2948 • L'( ROOT SOURCES OF AODA AND • OTHER COMMUNITY PROBL EMS Runaways School Dropout Alienation Delinquency Vandalism Violence Gangs Cults Teen Pregnancy Illiteracy Teen Suicide Racism Alcohol & Drug Abuse Sexism Family Violence Media Poor Bonding Poverty Myths Poor Role Few Models Opportunities Peer Pressure Low Family Poor Life Skills Involvement T-5 I 38 5"5 JOB DESCRIPTION FOR NOM NEES TO THE DAKOTA ALLIANCE FOR PREVENTION OPPORTUNITIES: * Demonstrating leadership in alcohol and other drug abuse prevention in Dakota County * Developing a comprehensive community plan for drug and alcohol abuse prevention * Education in needs assessment, planning, prevention, and organizational development * Networking with community leaders * Sharing information about chemical health promotion with other citizens • RESPONSIBILi'i`IES: Time Commitment: * Two-year terms, youth may serve one-year terms * Attendance at monthly meeting of the full group 410 * Involvement in at least one working committee * Participation in first year three-day training retreat Role: * Establish a strategic plan * Implement the plan * Develop by-laws for the organization * Recruit people to fill vacancies * Promote the project whenever possible * Access resources and services THE IDEAL DAP MEMBER IS: * A resident of Dakota County * Committed to * Interested in: diversity * Chemical health promotion * A leader * Families and youth * Visionary * Community building * Process-oriented * Actively involved * Willing to negotiate * Members of the DAP will represent a variety of systems and groups (education, religious, social service, civic/volunteer, health, government, housing, criminal justice, youth, parents, 0 business, minorities and media) . • 5:6 COMMUNITY NOMINATION FORM Prior to nominating a person to be a member of the DAP, please share with him/her the information regarding history and job description. It is important that this person consents to this nomination and agrees to the responsibilities such membership entails. Members of the DAP will play important leadership roles in the county's efforts in substance abuse prevention. Deadline for nominations: May 28, 1992 To represent the city/township of , I nominate NAME who is, (title, position, role) , for membership on the Dakota Alliance for Prevention. He/she has consented to this nomination and understands the responsibilities and commitment involved in accepting it. can be reached at Name Phone Address Qualifications Signed Title Date Please submit to: Dakota Alliance for Prevention 33 E Wentworth Avenue Suite 345 West .St. Paul MN 55118 Phone #: 450-2902 Fax #: 450-2948 PAGE 2 OF 2 Other excellent candidates who may be interested in serving on a committee or participating in special events or programs include: Name - Position Phone Address Qualifications Name Position Phone Address Qualifications 410 K f3) Ca as ft DJ 7 fU R• V1 •• 14 N• «7 0 Z in to Al C • �■ "�' t rt o coo cn a) ft 1i 0 1-, M ~" r• 7C X' C cn H X 0 HC 7r m r•M b O da 0 3 4 fD C 0 AI 0 r• O (D 4 O' a (D C 1i 7' (D II 7 N 5 1'i Do 0 7 '< P1 (D __ HO 01 ctO a t4 7 Cu 01 N O Pt 0 7 a C 7 Pi C W 7 x 0 7 I-, H- C '< D a 41110 rt 7 7 0 7 0 cD 1i (D 7 H El (D a W a K W a to 7C r• £ a 111 (D h • •• f) •• 4 O 4,4 ft 1i N 1-1) O •• f) O N cn O co 1i (D C U1 O C ID II iY CD C PI 4 N cn co C 1i H (n £ a1 7 m (D 0 4 (D a (D V (D a o (D 1'i 7' (D W f) '< 11 K 7 ti H (D 1�•'• £ O (D CDD C 4 • 7 cD r•r- (D ti C Z' C 0 0) r7t0 ei 'U •• 0 0 O 0 1i 0 7 0 O a • (D H O'' t=iN b 01t'iH 01 C) N °3' 03W cD• 4tli0 Qitrli a 7 H a 1-A Al H a U1 03 1-•• to (D to C 7 (o Iv a► 1-+ 4 J Do (o < N 4 ■•■ 11 N tQ N H rt H rt Ut 11 H 4 Pi N 4 O H a O I 01 -.1 cD I ar t0 I'.< III 10 U) H Al (D I (y Ot H H CA 7 � 7 .0. 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I✓ W O I-' N AI 4I lC N PI I."Ii N (D 71/4' H v M0 w a m rt • N rt W Z • I•• . • n hi N Z 0 P 0 . to rt 11 >1 I-.1 .. I...- Q Imo• 0' o 0 ro 0' o *i a o at 4 x C) o n b K -- o a rt PO CU 0 K 0 n 0 N a o rt w O £ rt ? W O r• rt (D M n 0 HI 0' Ii 'p (D 0 Ii AI 1•-1 Ii I.•• £ (D Q D K 0' N (D t5' I-a 0 ■,. o a a rn Ii M a 7 / kl) aPO • N N 'c 4a N N (D a Ii ? O G N 97 f.. I) Agenda Information Memo May 5, 1992 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING PRELIMINARY PLAT/GREAT OAKS ADDITION/ROBERT ENGSTROM COMPANY D. Comprehensive Guide Plan Amendment, Great "Oaks Addition/Robert Engstrom Companies,Changing the Land Use from D-III (Mixed Residential,6-12 Units/Acre) to D-I (Single Family), a Rezoning of Approximately 17 Acres from R-4 Within the Woodlands North Planned Development to R-1 (Single Family), and a Preliminary Plat Consisting of 29 Lots Located West of Elrene Road in the NE 1/4 of Section 14—At its meeting of March 24, 1992, the Advisory Planning Commission considered the above referenced applications for a comprehensive guide plan amendment, rezoning and preliminary plat for the Great Oaks Addition. Subsequent to that, at its meetings of April 9 and April 21,the City Council continued the item to permit staff,the developer and neighboring property owners to discuss remaining issues including the ultimate status of trails and roads. A meeting was held in this regard on April 23, 1992 and a copy of a memorandum associated with this meeting and reflecting the proposed resol tion of the issue is enclosed on page 93 for your review. Also enclosed on pages 9 through /if is the Community Develop ent Department staff report in this regard. Also enclosed on pages 1/� through //I are the Advisory Planning Commission minutes on this matter. The APC is recommending approval of the application. A supplemental memorandum concerning potential layouts for the property surrounding this subdivision is enclosed on pages //' through 8,6 . Enclosed on page //7 and //eare revised preliminary site plans. Finally, enclosed on pages//? through /Z is correspondence from the firm of Opperman Heins and Paquin on behalf of West Publishing. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1)a comprehensive guide plan amendment for Great Oaks Addition/Robert Engstrom Companies from D-III (mixed residential) to D-I (single family),2) a rezoning of approximately 17 acres from R-4 to R-1 (single family) in the Woodlands North Planned Development, and 3) a preliminary plat consisting of 29 lots located west of Elrene Road in the NE 1/4 of Section 14. • q°Z- MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 29, 1992 • RE: GREAT OAKS ADDITION Since the April 21 City Council meeting where the City Council continued The Great Oaks development, staff has reviewed the right-of-way condition on the staff report pertaining to the upgrading for Trails End Road. On April 23, 1992, staff held a neighborhood meeting with all surrounding property owners. This was the first time the neighborhood had a chance to review overall concept plans and provide input to the development of this area. In concluding the meeting, it appeared that a strong majority of the group did not wish to see Trails End Road upgraded at this time; there was discussion regarding the vacation of this road completely and rerouting through other design measures. At this time, it was discussed that the east half(or 30')of Trails End • Road would be vacated allowing the west 30' to provide access until alternate development routes are developed. This seemed to be the conclusion of the neighborhood meeting in accordance with what the surrounding property owners would accept if Great Oaks were to be developed at this time. Since the meeting, there has been a concern from one property owner that his parcel is affected by the Great Oaks development and that Great Oaks should not proceed unless there is an agreement between the two property owners. I am sure this issue will resurface at the May 5 City Council meeting. Community Development Director DCR/js • 110 q3 • • SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, AND PRELIMINARY PLAT (GREAT OAKS) APPLICANT: ROBERT ENGSTROM COMPANIES LOCATION: E 112 OF SECTION 14 EXISTING ZONING: PLANNED DEVELOPMENT - MULTIPLE FAMILY (PD - R-4) DATE OF PUBLIC HEARING: MARCH 24, 1992 DATE OF REPORT: MARCH 17, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Comprehensive Guide Plan Amendment from D-3 (Mixed Residential, 6-12 units/acre) to D-1 (Single Family Residential, 0-3 units/acre), a Rezoning of 17 acres from PD R-4 to R-1 (Single Family Residential), and a Preliminary Plat consisting of 29 single family lots and two Outlots. This Rezoning will remove the subject parcel from The Woodlands North Planned Development. The site is located west of Elrene Road approximately one-fourth mile south of Yankee Doodle Road and north of The Woodlands subdivision. BACKGROUND: The site is part of The Woodlands North Planned Development that was created in June 1990 allowing for Mixed Residential uses including 12 single family lots, 62 duplex-type buildings, and 200 multiple residential units on approximately 58 acres. In September 1990, the PD was revised to allow for 10 additional duplex units in an effort to offset financial obligations to the City. EXISTING CONDITIONS: The site includes Lot 2, Block 4, part of Lot 2, Block 1, Wescott Garden Lots, and Outlot D of The Woodlands North Addition, and lies south of the existing and future Woodlands North duplex townhomes;Elrene Road is to the east,The Woodlands Addition is to the south, and agricultural land to the west. The site has slopes ranging from moderate to severe and there are several natural ponding areas on site. The site varies from some cultivated areas to significant mature primary tree growth on the majority of the site. The applicant has accommodated as much tree preservation as possible with a lot layout that is sensitive to the site's natural amenities. qe( Due to severe grades, the developer should provide the City a concept showing house pads ei and grading for Lots 6 and 7, Block 1, and the cul-de-sac serving those lots. COMMENTS: A single internal street is proposed that will gain access to the site from Elrene Road and run along the north side of the site before it turns south on the west side of the plat and ends in a cul-de-sac. There will be no lots to the north of this road. Two other cul-de-sacs also stem off this internal road. The R-1 zoning district requires an 85-foot minimum lot width at setback and a minimum lot size of 12,000 sq. ft. The lots proposed range in size from 13,784 sq. ft. to 67,216 sq. ft. The median lot size is 40,500 sq. ft. All but four lots meet, or exceed lot width requirements. The plat includes four lots with a stovepipe configuration. These stovepipe lots have a width of 20' at the street. City Code requires a minimum width of 50' for this type of lot and therefore, the applicant is requesting a Variance from this performance standard for Lots 20, 21, 28, and 29, Block 1. The applicant has proposed two Outlots with this plat. Outlot A is residual property laying between the internal street and the north property line. Outlot B will be developed in conjunction with the adjacent 1.3 acre piece of undeveloped Multiple Family (R-4) property that lies between the proposed plat and the R-2 zoned property of The Woodlands North along Elrene Road. Outlot A should become part of the existing and second phase R-2 lots north of the plat when Phase II is platted. The developer expects homes valued at a minimum of $240,000 in this subdivision. The • developer plans to include building restrictions where applicable as a part of the purchase agreement for lots that require special attention in order to maintain the integrity of the site. Tree preservation should be achieved with a physical barrier. Protection of trees to be saved during site grading shall be enclosed with snow fencing or other suitable material. Also, boulevard trees will be allowed 7' from the back of the curb. PARKS, RECREATION, AND NATURAL RESOURCES: Parks, Recreation, and Natural Resources staff will be recommending a cash parkland dedication and a cash trailway dedication to the Advisory Parks, Recreation, and Natural Resources Commission at its April 2, 1992 meeting. AIRPORT CONSIDERATION: This proposal does not fall within the Metropolitan Council's noise policy contours, but it is close enough-1/4 to 1/2 mile—to address the issue. Since aircraft currently fly further south than when the contours were developed,noise may be considered to be intrusive by some of the project's residents. Therefore,while we cannot require the developer to meet Metropolitan Council standards, it would be appropriate to share with him ways to abate the noise within the units by considering incorporation of such elements as chimney caps, elbows,vents, and similar features of sound environments of the units may be substantially improved without considerable cost to the project. • • GRADING/DRAINAGE/EROSION CONTROL: The proposed development consists of 4111 approximately 20 acres of rolling bills. Some portions of the site are wooded and other portions have been cultivated in the past. The preliminary grading plan shows many areas that will be filled to construct the proposed streets and house pads. The maximum fill shown is 16 feet and the maximum cut is 8 feet. The preliminary grading plan intends to protect the existing trees on this site and to utilize the high spots for house pads. The low areas on the site will be used for ponding areas. Drainage from the proposed streets will be directed to two low areas which will be converted - to ponding areas and included in the City's public storm water system. Pond JP-14.2,which will located in the east central portion of this site,shall provide 0.2 acre-feet of pond storage volume to allow a maximum discharge rate of 1 cfs. The drainage area that will contribute to Pond JP-14.1, which will be located in the center of this site, will require a pond storage volume of 1.9 acre-feet to allow for a maximum discharge rate of 3 cfs. The 12 inch outlet pipe for Pond JP-14.2 shall be constructed to drain into Pond JP-14.1. The 12 inch pond outlet pipe that will drain Pond JP-14.1 shall be constructed to the normal water level of Pond JP-14. The alignment of this storm sewer pipe shall avoid the oak trees in this area. The normal water level of Pond JP-14.1 should be set to protect the existing trees along the east edge of the pond. The preliminary grading plan needs to be revised in the northwest corner of this site to allow for the construction of Pond EP-2.3. Pond EP-2.3 is designed to handle the runoff from the duplex area of the Woodlands North development. The pond shall be sized to handle a wet storage volume of 2.0 acre-feet and a pond storage volume of 3.2 acre-feet. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. WATER QUALITY: This 17-acre single-family residential development lies in the upper reach of Drainage Basin J. While there are no recreational classed water bodies immediately down-drainage,Fish Lake lies at the lower end of this drainage. Fish Lake does not meet the Direct Contact Recreation water quality standards set for it in the City's Water • Quality Management Plan. On-site ponding to meet water quality standards is both desirable and feasible for this site. Analysis using the City's water quality model indicates that the developer will be able to use two natural depressions on the site to create ponds that will meet treatment standards. The larger of the two depressions, Pond JP-14.1, lies in the west central portion of the site and will be shaped to provide a minimum surface acreage of 0.3 acres and a minimum wet pond volume of 0.8 acre-feet. The other depression,Pond JP-14.2, lies in the east central portion of the site and will be modified to provide a minimum surface area of 0.13 acres and a minimum wet pond volume of 0.31 acre-feet. Both ponds shall be constructed according to NURP standards and the pond design as approved by the City. This recommendation is subject to approval by the Advisory Parks, Recreation and Natural Resources Commission. UTILITIES: Sanitary sewer of sufficient depth and capacity is readily available to serve this development in Elrene Road. The preliminary utility plan shows an 8 inch sanitary sewer line that will extend through the development to serve the 30 lots of this site with the • exception of Lot 24. Sanitary sewer service is not_shown to be provided to Lot 24 which is located in the southwest corner of the development. Lot 24 shall be platted as an outlot until sanitary sewer and water service and improved street access is provided to the lot. Water main of sufficient pressure and capacity is readily available along Elrene Road. The preliminary utility plan shows connecting to the existing 16 inch water main along Elrene Road and extending the water main through this site to serve the proposed lots. The City's Water Distribution Plan shows a 16 inch water main that is required to be extended through this plat from Elrene Road to the west property line. The 16 inch water main will be a trunk water main and the developer could have this water main constructed through the City's public improvement process. City staff recommends that the water main on the west end of the development shall be connected to either the existing 8 inch water main in Woodland Trail to the south or the existing 8 inch water main in Trails End Road to the north. Either of these connections will provide adequate looping and fire protection to serve this site. The utility plan shall be revised to include sanitary sewer and water services to Outlot B and the exception to the Woodlands North Addition that is owned by the Obergs along the north edge of Great Oaks Trail. The services will serve the future lots that may be developed along the north side of Great Oaks Trail. According to the preliminary utility plan, the sanitary sewer in Great Oaks Trail in front of Lots 15 and 16 will be approximately 30 feet 410 deep. The 8 inch sanitary sewer and service risers in this area shall be constructed with DIP materials for any depths that will be greater than 26 feet deep.• STREETS/ACCESS/CIRCULATION: Street access for the proposed development will connect to Elrene Road which was upgraded to an urban section with concrete curb and gutter by the City in 1991. The final lift of bituminous wear has not been placed yet on Elrene Road. The preliminary street plan shows construction of a 1,600 foot long cul-de-sac with two other cul-de-sacs branching off of this street. The street plan does not show any connections to Trails End Road along the west edge of the plat. Access for Lot 1 is shown to be provided off Elrene Road and access for Lot 24 is shown to be provided off Trails End Road. Platting of this development will require the upgrading of Trails End Road to an urban section with concrete curb and gutter. If the alignment of Trails End Road changes as the areas to the west of this development develops,then Trails End Road would not need to be upgraded with this development. Then the old right-of-way of Trails End Road would be vacated and included into the lots of this development. The preliminary street plan shows an entrance island at the intersection of Elrene Road and the proposed street of Great Oaks Trail. Also, islands are shown in the cul-de-sacs of this development. The developer also plans to construct an island along the north edge of Lot 12 to allow for motorists to turn around and to break up the straight alignment of Great Oaks Trail. All of the islands shall be constructed and designed to the City's standards as dh shown on the City's detail plates. A concrete valley gutter shall be constructed across the intersection of Elrene Road and Great Oaks Trail. The preliminary plat and preliminary le street plan shows that Great Oaks Court, the cul-de-sac in.the northwest corner of this site, - will be constructed with dimensions smaller than the City's standards. City staff will recommend that the preliminary plat and preliminary street plan be revised at the northwest corner of the site to allow the design of the lots and the street to meet the City's standards. If the design of Great Oaks Court cannot be designed to City standards,then access to Lots 28 and 29 could be provided off Trails End Road. EASEMENTS/RIGHT-OF-WAY/PERMITS: This development shall dedicate all right-of-way and easements necessary for the construction of the streets and utilities to serve this development. According to City standards, the right-of-way for cul-de-sacs with islands shall have a radius of 65 feet. If the cul-de-sac does not have an island, then the radius shall be 55 feet. The storm sewer pipe that will serve as the outlet for Pond JP-14.1 will require an easement from the owner of Lot 3, Block 4, of Wescott Garden Lots depending on the alignment of the storm sewer pipe. Lots 29 and 30 in the northwest corner of the site should include the entire area of Pond EP-2.3. The redesigned lot lines of 29 and 30 would extend to the north up to the preliminary plat of future Lot 40 of the duplex portion of the Woodlands North.. This development shall be responsible for ensuring that all regulatory agency permits (MPCA, MWCC, Mn. Dept. of Health, etc.) are acquired prior to final plat approval. • FINANCIAL OBLIGATION- Great Oaks Addition • Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount • Water Trunk S.F. $750/lot 18 lots S13,500 Storm Sewer S.F. .069/S.F. 31,663 S.F. 2.185 Trunk Total $15.685 There are levied assessments totaling $39,284 on the parcels proposed for platting into the Great Oaks Addition. In addition, there are pending assessments totaling $458,493 on those • parcels. These pending and levied assessments will be apportioned to the developed lots and remainder of undeveloped parcels. 9 • CONDITIONS FOR GREAT OAKS ADDITION • 1. These standard conditions of plat approval as adopted by Council action on July 19, 1990 shall be complied with: • Al, B1, B2, B3, B4, Cl, C2, C3, C5, Dl, El, Fl, G1, and H1 2. A copy of the Homeowners'Association Covenants shall be submitted to the City Attorney prior to Final Plat application and recorded with the plat at Dakota _ County. 3. A Variance of 30' to the width of lot access for Lots 20, 21, 28, and 29, Block 1, shall be approved. 4. Concept plans for house pads and grading necessary for Lots 6 and 7,Block 1, and the cul-de-sac serving these lots shall be submitted for staff review prior to Final Plat application. 5. Tree preservation shall be achieved with a physical barrier prior to any site grading. Tree preservation areas shall be shown on the final grading plan. • 6. Boulevard trees shall be allowed 7' from the back of the curb. 7. Outlot A shall become part of adjacent lots in the PD R-2 property to the north when Phase II is platted. 8. Pond JP-14.2, which will be located in the east central portion of the site, shall provide 0.2 acre feet of pond storage volume, a maximum discharge rate of 1 cfs, a minimum surface area of 0.13 acres and a minimum wet pond volume of 0.31 acre feet. 9. Pond JP-14.1, which will be located in the center of the site, will require a pond storage volume of 1.9 acre feet, a maximum discharge rate of 3 cfs, a minimum surface acreage of 0.3 acres and a minimum wet pond volume of 0.8 acre feet. 10. The proposed grading plan for Lots 29 and 30 and Great Oaks Court in the northwest corner of the site needs to be revised to provide a wet storage volume of 2.0 acre feet and a pond storage volume of 3.2 acre feet for Pond EP-2.3. 11. To improve fire protection and looping of the water distribution system to serve this site, the water main on the west end of the development shall be extended to connect to the existing 8" water main in Woodland Trail to the south or to the existing 8" water main in Trails End Road to the north. 12. Platting of the lots along the west side of this development will require the upgrading of Trails End Road to current City Standards along the entire westerly edge of the development. 13. The plat and street layout plan shall be revised at the northwest corner of the site to allow the design of Lots 28, 29 and 30 and Great Oaks Court to meet City Standards. 14. The platting of Lots 29 and 30 in the northwest corner of the site shall extend to the north to the future south line of the proposed duplex lots of Woodlands North. 15. The development is required to provide a ponding easement across proposed Lots 29 and 30 for Pond EP-2.3. 16. Since sewer, water and improved street access is not proposed to Lot 24, it is required to be platted as an Outlot. 17. The normal water level of Pond JP-14.1 should be set to protect the existing trees to the greatest extent possible along the east edge of the pond. 18. The development is required to clear all ponding areas of trees below the normal water level of the pond. • • • • • • • STANDARD CONDITIONS OP PLAT APPROVAL A. Financial Obligations 1 . This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Wav 1 . This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2 . This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, pending, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 3 . This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate 0 jurisdictional agency. 4 . This development' shall dedicate adequate drainage and pending easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1 . All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2 . A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3 . This development shall insure that all temporary dead end public streets. shall have a cul-de-sac constructed in accordance with City engineering standards. /61 • STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4 . A detailed landscape P lan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5 . All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code -and engineering standards. D. Public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval . E. Perrits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Water Quality Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City 's Water Quality Management Plan. E. Other 1 . All standard platting and zoning conditions shall be • adhered to unless specifically granted a variance by Council action. 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STREET PLAN ROBERT ENGSTR MPANIES . GREAT. OAKS i • } _ 1 1 1tit; 18121 893 -_11,104 ;, :L� ;1`i .w.�: EAGAN, MINNESOTA " (� (� l y� a.aaa.c ty C. t 1�t`. { B P W • /ci 7- as...Ana REVISIONS: C _ _ ii - i 1-1-t ,.. s . r . . • o • ■RL -V t. p.. • , . . • . 4 N) tv t0 N t3 0) o0 r . `� ;- i_--.r 1 o w • \ ;C:\ II Ifr .IP i•c \ • J . t I 1'I'll aji)1:...*.i' (p. ' I N — . 1 • 0 i i, _� ; • _Y 1,3 : W i / 1_ •/lit. / E 1 1 ) ...... ....ts, i ' 1 1 I / ` � 4 ,,r ' / • /,' ____ .._ /•, I `' \ 'Q ' a. '- ,, `_ /- � _i ;i ,yam,; _ / '\-;`` •`4 `�w // / . / / rn < / / / / /yam--�\` :�� 2 \ / / 1 \\\\ t t 1� I N \ 1 1 .+�:: y s < / // `_„----------...".r.:,; a, $ 13 t . 4 . y. / � a 3N 0.,....›,-;:--- : PRELIMINARY . . C'd • • . UTILITY PLAN ROBERT ENGSTROM COMPANIES GREAT OAKS f _ F ' Ih !f' + ii 18121 893 1001 _ ? 1f .-.� EAGAN, MINNESOTA i., t t. 4I■ z ic: :i,m1; B R W 4 11.2.41...r. 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"......,..___ im c s s a ...- .....„,„.......................;:: ,.....-- - „ • 1 7 t• ' 6.2. ■ , ... -- \ ' ........ --- „.......--.--- sr.' „,..■ -.---15. ......... ........-----'--",...N.■*".. , •'' '''........•,!.% .!:--.--,,,-i.-:;./.',..7i.- .. _ - , ..e................ 31431:1' ..„,,;+'' ,....... ,.....e.'"' ......„.....,• Oa° ....„...:,,..-----------....... ...s....41... i 6 * • F ...--<.••••••,„--.-'<-----..-- a/ ) • • • PRELIMINARY GRADING & DRAINAGE PLAN ROBERT ENGSTROM COMPANIES GREAT OAKS Ilk wimi 16121 893 - 1001 - ....... EAGAN, MINNESOTA : 4) 2_ ' l';', !1,i1:11 =.-r ;1:1-1.1 B w 11.0.7...:. WNW.LII94. RE VISIONS: . . ; ! iiiii . ' 1 i- ■■••.... - .7.11..ST.1 TIC....:V.S•f• ,11...2.1.1.1, .'3,:-CVO • I .1.,,' �.. 'e 2. • • ,.:�,€ 6 .' ir-) - l.S. -rt �E 846. - fr :04.3 e L . •, • 'tp•19 , (3 r2.OR° 1 3 520 A� �. T ' ./6.0 1�,r 8 A 4 856.0 846. ,� 1 L m I .0 • i I Ii. I .4" . NO 38 890.0 ' r E a r EP 1 4• 51.P,D�-3 _ •�'� E 82 .d' NNO "a ,�Iio'r.Tr,7?W 866.0 {! .�ki�": y�. B4 0 ' �!! C1.fE sr, 873.6 . i 1' f _855 0 1 r •T \ &C.-IL �•% (' `�l•. v ••. I v... •1.�ii--559 Al �+. L;iy_.._ DP-I3 I 1 111 1IjIJiII ,�� f►`o- .,n •1✓i ,D 884.3 i . P-2! DP-6' Q ' DP-11 =29.0 86 .0 : 70-�� ?�857.3 ►1 856.Q I :44.0 872. p 866.5, �YI 864. + /NI/ND _ rs. 1 P-3?.,i4 E- `c DP-6,1, 76.3 : 1 B c . _ 838.3 4 • 4;4w�of 855.4' ,t/ 877.2 ; s =i ��"q S_7 `� ! N2s • £AGA INDUS 1 0 33 ■ it.5 w" ,, D-S J n n, 79 42 . ADD. ��,` 7a'±F' DP-20 - b.'4 -j,_ .•848:9-,‹ pp- �IJ.27-..�t !°i8 _ , ll !2. rr Ii-r,l 862.8, 858.3 yy _ 1 X MSLLS -1 �- s VII 901.0 .r.� v' q--- �86j2.8 __i_itili' - .. .... . + 904.2. '11 1"-s.' . °!,"t�„�/ + 1 11..� \ 884.2;;,. D-w �� EP- c:E '8710' '- _4Wa-_ - +t--; ii .. N, e� S -�8 *r JP-16:1-E E.1}rt+�l 1 rs" ! ,.ULP 875.5 s.L a:r`r A E l �14 885.5-� �,, y D18 EP-.2.1_ _ 0 K�Tr JE JP-16 'T T' 892.0 '1, Jr.-4� 8 3.0 Bbd. - 50.0/ JP•I \\j;: DP 25 'I:E:g§23' 870 � �'■•. 806 a, �E 1 0 � Q S• .9 3 879.4 8D i P92.. . 4+` ,� JP-'S;pp9 _P 4/0 ")•1- o. a�F 1 i -1:JP=6 J7721 •'JP-45' ! _. BB70 8 - '17 `' �-. \. • c •• :8887 :--E 893.0 x.894.0' .Ir-42 IZ `1! WESCOTT I. . 89LJ • ,8958 1 ter• 897.3; - ` .4.k. Ali 888.0 �p �� STATI . �ry 897.5 1 �. �. :r%JP-32.2890.0 . .. s D��y 1,1 ��I�' ♦ J-18 , J-o 900.0 . ' . APE 6 > A 6.�' (� g N 1 E N • 892.6 12 \�r �� 4• 869.0, 4p Ai 12' ! J P1-673 • ,.12' .... 0 A "7., F A PA? .:C;= , . rJ,fir. �t 'm�;, . ._c• J P-i l 909.0-JP-32.(- 90.0 .� ,',iP-31. -• - )7 43 •• p 39• i \ -1-' s+ OD 815.7 899 5 ,, ., ; � 2. `• 1 �;• ¢■ `• 84d 0Q z - ; ''� `'. pq, 830.0 I1 ;; 500.6 , %s� + 8� 3.p 7 1 JP-44 t° , _1884. 1(`.j - 1.--ia ltL1II .1 t.ic)1 II - '� - - 8907. Q�0-43•;1p:30aA 1(3wyj .' �t� J m� S rr r 11_ ' �` .� 95.7, 4 - *- .� ' +' I8' 89/9 B78.O;r,;.. -- �• - JP-19-'�0�- -•z -,''......1P.-807117-,7 : r5'1;tn .�_, i I i .1 i :, 880. ;,�a 887.5 JP-58 874.0 2 i. k,,eee 0 1 J •t79.1 v=:,-;,t,t - 7 `m I 4e- i,: i `ii 4VA, 877.5 ‘'b 8830 O r,,.% ri7902�',•i,6t34.0 ' , !0 . ' 9 �:��-�. 4 882.8 �� i .!-� ` ,:ill �cnB84 =1L , + va, JP 30 J .'2 ) L�•`"Q."--' ,``i' 20.8 Q N ti I• ,7, ,u 8 13.0 r.\ BSc.0 •2�1" �f_i-v---'-'17.1,N1-1- , N 1 �a 30.0 j L/y f • +�$B .O JP-20.1 `'- 46BS; tLY-' 14IRFI-'I`J 4,•; .t• 0. ..%• r 'l r VI c,iain r a . i`• 884.0 _� `y 1`!�S vorl879 3 JP-54 _1886.8.. / . SY , r' '. (r'„j l l R,\4+ 888.J . ` �, r, „•- . , • 1 !o+ . 872.2 • FIGURE No. 17 STORM SEWER LAYOUT . • MAP • . . . • • • CITY OF • EAGAN • . , . . Y.LOS3NNIW `NYDY3 "'' f li!lji it . s ° '' 1001 • C68 1Z191 jt�,l,a, I I : I e i 1 S)IVO 11/380 S3INYdW03 WOd1SON3 11:13808 lrld AlIVNI11113ad • - '� Nit :aiii " h.itlii! • o / / 2 1%4-14 5iNi! I 1 g a , a .., , ..i 'I ..„••• R Lit mio 1 1 1 11. ill : B -- I� \ ^ Y 1 • �� j )OREE �``i w1: .• / 0 �..` �. 4, • c ..l P a .. I : , ,�j. \ / ^`/ // />. �� ;� N "• (,� �• �1 per s\\ 4• \\ I • 13 .t'•. 4 �`` I _ r \\ .�`tr�• \� / \\K ,..„,(_,...-el - o„ ...,,F4 17". ..k.,,., a:30 '' ...,\ ; --..:..„-„.,../ / • , ` S .= �.. : ill - • �r--.\\, p mil+^` / •:4 ��c. / \ . a &t: 9 j _J ' ?& J ; i /I = 0,, r.r$ sii I cry .r Ix . 1 • (lr,• 6"*" f \\\s � ,. •� __ _—�� \\\•` ' \\ 2 1 s. I v0)e I hb',0 �� \ 1- - : •//^\\ .� ,,-. I N''� f I � i _ ,� c\ :� /". \ `k ; y► _ I of Z - 1�� $o> ' ..'.F, :1 LJ ‘c i� !f \ v �/ fit a = Q• ,....-,-xt.:. :t- '_ 1- t.`••..." --- %-,07\ No. X 0 I, ...,1 so n fi 3 I ff= r... x': "i � ,$ ' • \ I 1\C *_ ii Q azo9 et • z >■oo,e •, ,o, 1 1 •• 111••••■••1 /( r . • EAGAN ADVISORY PLANNING COMMISSION MINUTES PAGE ONE OF THREE MARCH 24, 1992 • 411 GREAT OAKS ADDITION ROBERT ENGSTROM COMPANIES Chairman Voracek opened the next public bearing of the evening regarding a Comprehensive Guide Plan Amendment changing the land use from D-111 (Mixed Residential, 6-12 units/acre) to D-1 (Single Family) , a Rezoning of approximately 17 acres from R-4 within The Woodlands North Planned Development to R-1. (Single Family) , and a Preliminary Plat consisting of 29 lots located west of Elrene Road in the NE 1/4 of Section 14. City Planner Sturm mentioned that there are four stovepipe lots proposed in this application and a variance will be needed. He further stated that City Staff is very excited with this proposal. The site plan was done very carefully and was sensitive to the current landscape. Mr. Sturm also mentioned that a discussion regarding the proposed outlots and how they shall be platted will be held prior to final plat submission. Robert Engstrom, the applicant, stated that this application is an extension of the Great Oaks area and they tried to retain the character of this area. He stated he was available, to answer any questions. Amk Member Graves stated that this is a quality proposal and what he expects from Engstrom Companies. Member Griggs agreed with Member Graves and mentioned that he approves of the low density. He felt that there was nothing to disapprove of with this application. Chairman Voracek requested that condition number 2 be amended to state, "A copy of the homeowners' association incorporation bylaws and covenants. . . " He also stated that this was a quality development. Griggs moved, Hoeft seconded, the motion to approve a ' Comprehensive Guide Plan Amendment changing the land use from D-111 (Mixed Residential, 6-12 units/acre) to D-1 (Single Family) , located west of Elrene Road in the NE 1/4 of Section 14. All voted in favor. Griggs moved, Hoeft seconded, the motion to approve a Rezoning of approximately 17 acres from R-4 within The Woodlands North Planned Development to R-1 (Single Family) , located west of Elrene Road in the NE 1/4 of Section 14. All voted in favor. • • • //� PAGE TWO OF THREE Griggs moved, Hoeft seconded, the motion to approve a Preliminary Plat consisting of 29 lots located west of Elrene Road in the NE 1/4 of Section 14, subject to the following conditions: • III 1. These standard conditions of plat approval as adopted by Council action on July 19, 1990 shall be complied with: Al, Bl, B2, B3, B4, Cl, C2, C3, C5, D1, El, Ti, G1 and H1 2. A copy of the homeowners' 'association incorporation bylaws • and covenants shall be submitted. to the City Attorney prior to Final Plat application and recorded with the plat at Dakota County. 3. A Variance of 30' to the width of lot access for Lots 20, 21, 28, and 29, Block 1, shall be approved. 4. Concept plans for house pads and grading necessary for Lots 6 and 7, Block 1, and the cul-de-sac serving these lots shall be submitted for staff review prior to Final Plat application. • 5. Tree preservation shall be achieved with a physical barrier prior to any site grading. Tree preservation areas shall be shown on the final grading plan. 6. Boulevard trees shall be allowed 7' from the back of the curb. 7. Outlot A shall become part of adjacent lots in the PD R-2 • property to the north when Phase II is platted. 8. Pond JP-14.2, which will be located in the east central portion of the site, shall provide 0.2 acre feet of pond storage volume, a maximum discharge rate of 1 -cfs, a minimum surface area of 0.13 acres and a minimum wet pond volume of 0. 31 acre feet. 9. Pond JP-14. 1, which will be located in the center of the site, will require a pond storage volume of 1.9 acre feet, a maximum discharge rate of 3 cfs, a minimum surface acreage of 0.3 acres and a minimum wet pond volume of 0.8 acre feet. 10. The proposed grading plan for Lots 29 and 30 and Great Oaks Court in the northwest corner of the site needs to be revised to provide a wet storage volume of 2.0 acre feet and a pond storage volume of 3.2 acre feet for Pond EP-2.3. • qtleTo improve fire protection and looping of the water . distribution system to serve this site, the water main -on the west end of the development shall be extended to connect '14904-) to the existing 8" water main in Woodland Trail to the south or to the existing 8" water main in Trails End Road to the north. 5 Platting of the lots along the west side of this development will require the upgrading of Trails End Road to current City Standar along the entire westerly edge of the development. //3 PAGE THREE OF THREE 13. The plat and street layout plan shall be revised at the northwest corner of the site to allow the design of Lots 28, 29 and 30 and Great Oaks Court to meet City Standards. 14. The platting of Lots 29 and 30 -in the northwest corner of the site shall extend to the north to the future south line of the proposed duplex lots of Woodland North. 15. The development is required to provide a ponding easement - across proposed Lots 29 and 30 for Pond EP-2.3. 16. Since sewer, water and improved street access is not proposed to Lot 24, it is required to be platted as an Outlot. 17. The normal water level of Pond JP-14.1 should be set to protect the existing trees to the greatest extent possible along the east edge of the pond. 18. The development is required to clear all ponding areas of trees below the normal water level of the pond. All present voted in favor. • • • MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: MARCH 31, 1992 RE: GREAT OAKS ADDITION At the March 24 Advisory Planning Commission meeting, the Comprehensive Guide Plan Amendment, Rezoning from R-4 to R-1, and Preliminary Plat for the Great Oaks Addition was approved unanimously. This site is the 17 acres north of The Woodlands and south of the country-style duplex homes. It was zoned R-4 within The Woodlands North Planned Development in 1990 allowing 200 units. The design goal was to create an'upper end" single access subdivision with all homes priced above $240,000. Lots would be individually graded in an effort to save as many trees as possible. There was very little discussion by the Commission,most of which was commending the applicant on previous projects. There were several residents in attendance, however no questions were raised. • Please note the area conceptual plan was prepared at staff's request so the remaining areas of the Wescott Garden Lots would not be excluded from comprehensive development of the area. This plan should not be taken as anything more than very conceptual since the property owners were not included in its preparation. I have met with several of them to discuss options forr potential development. If you would like additional information, please advise. V; City Planner JS/js (/ • • YANkkE UUUULE ROAD ii L z L jf r.a 1 #10, . 7:;)1 , „ i1 ' ' I `^ . 7---- .. . ■ W '� O op, / y -- �° D 0 N 4:054.„, ,„ ,. 4 l . tli'ff----1-1--L-1—, ____ C.T.),— --‹ sr ,,,.,... - ' t--",' i• , . ,=== F1 ! 1--1 — —I r .(p i_i_-J o i i I \ - ' - ,.": -.-, .......---\ -r / MITI .1_ _///t.._..L, , , ..t\ ,:. .///. / 1 \ \ %, . • / _i_& \-. \% /-1- \___ y 1-_-)H,-/- 7 i-A. e.. P:_f_, - .4.}. . ......... .., c, . ...t.___ , . 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IN 'i*:}1, .444 I!,lli ii , , ...,,,,,,.../,,,,/ eis wit,...ig . tito,.,,_,,. 0„,,,„ k__, • r I(,,,0i:,,„, 0„ \ ,;% ,,�'`' turd '% r►' �. ••`�`„;.,_ 1i •. �b\ r,,,(#4-. � a t0 iVint�, lii((•-----i. 99+��' I I�� d� A ill,tk rt Ave.-,:...:w � :� I �* vo , • 13)//ri\r\KLE... ,e/011)- / /47 \ Ail . , iti ii, I ( Avow A . ;i:iiiiiak , ., 4 ► t.:,, , 44_t At 0 iiiir; !,\,Q,;„_pNvii, .....e.ot .1 . % 41% As' 1 .44% N.Tj °�.� ,N./.10■41..7gp. � r, it,of 1 445 I 4,1 at, _ _ .:..,,,1-- • .. ir..,,,....,„)._...„.._. ) (”' 41\- _ —411/S-di)1; 10' '''i ,liglw.--"IIIII I I I 7 lir•0 w• • N„.` e•f1T _ F� T iii” // ;7' Li , -41t • O P P E R M A N HEINS & PAQUIN VANCE K.OPPERMAN ANDREA J.KAUFMAN ROBERT J.SCHMIT JOSEPH M.MUSILEK ATTORNEYS AT LAW JAMES E.SCHATZ ERIC L.OLSON 2200 WASHINGTON SQUARE SAMUEL D.HEINS BARBARA J.GRAHN JEROME F.PAQUIN KEVIN M.CHANDLER • 100 WASHINGTON AVENUE SOUTH RICHARD A.LOCKRIDGE JOHN A.TAFT MINNEAPOLIS, MINNESOTA 55401 AUDREY L.ESTEBO CHRISTOPHER K.SANDBERG CHARLES N.NAUEN MARRY E.GALLAHER TELEPHONE 18121339-8900 H.THEODORE GRINDAL DANIEL E.GUSTAFSON LINDA L.MOLSTEIN WILLIAM A.°ENGLER FACSIMILE 16121339-0981 W.JOSEPH BRUCKNER CLIFFORD M.JOCHIM BRADLEY W.ANDERSON HENRI G.MINETTE PATRICIA A.BLOODGOOD KAREN M.HANSON 1300 1 STREET,N.W. MARTIN D.MUNIC KENT M.WILLIAMS EAST TOWER,SUITE 480 OF COUNSEL JONATHAN W.CUNEO- WASH INGTON, D.C. 20005 JAMESJ.SCHWEIT2ER- TELEPHONE 1202)962-3850 1}Ttp 1M 0.C.OML. FACSIMILE (2021 962-3861 ~\ �'• April 1, 1992 1` 1 1 J Mr. Thomas Hedges \ City Administrator 1 1 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55121 • Re: Robert Engstrom Companies -- Great Oaks Addition Dear Mr. Hedges: We represent West Publishing Company ("West") and have been asked to respond • to the Comprehensive Guide Plan Amendment ("Amendment") referenced in the attached Notice of Public Hearing. At this time, West does not object to the proposed Amendment changing the land use from D-111 (Mixed Residential) to D-1 (Single Family) nor to the rezoning of approximately 17 acres of the Woodlands North Planned Development from R-4 to R-1. However, as you are aware, West owns the property immediately to the east of Elrene Road and has set forth its development plans for its property in a draft Environ- mental impact Statement ("EIS") dated March 19, 1990. The final EIS was published on May 14, 1990 and was found to be adequate by the Eagan City Council on June 5, 1990. In addition, West's development plans are a subject to an Indirect Source Permit ("ISP") issued by the Minnesota Pollution Control Agency dated September 5, 1990. Enclosed for your reference is a copy of West's Development Plan as set forth in the above-mentioned documents. As shown on the enclosed Development Plan, West's plans for the portion of its property adjacent to Elrene Road and across from the development proposed by Robert Engstrom Companies calls for the construction of approximately 900,000 square feet of mixed office, manufacturing and warehouse buildings. • This letter serves to notify the City, Robert Engstrom Companies and the public of • West's intended use for its property. While West does not object to the Amendment, it is //g • 0 Mr. Thomas Hedges April 1, 1992 Page 2 West's position that the developer and/or any prospective purchasers of the property affected by the Amendment must be informed of West's intended use of its property. Finally, it is West's understanding that the proposed Amendment will not in any way whatsoever affect or limit West's use of its property as set forth in the final EIS and/or ISP. Please address any questions to the undersigned. Sincerely yours, OPP ON IroDUIN J , .)/ • Harry E. laher . c. John M. Nasseff Steven C. Bryant Robert Engstrom Thomas Colbert Dale Runkle • • 0003749 / -O . • .-______ 0 w.'..Noma sow&.•-..f 1 1 I , I I_ j{ —j .--. \ \' EXISTING DEVELOPMENT � 5..333 MIS S Ss iwariC1% t,1107,000 moss$1. I ��i , ; I •\ wA1SD04IE 31.000 Owtl LS. . 1• � TOTAL:10143.000 ONO'S 3J. \\\ M=ISMML' I OERL0+6 UNIT 1 `.` PROPOSED DEVELOPMENT l - / ! MOSS as. , -. 1 �1; Iir7.1L. : � ' MOSS Si. j �/ I I � ++� -imrt3o SECURITY Mw�ou�e MOOD cost LS. ' ( I I; l.1.J r I C� OIM ec�oE+cs TOTAL'LAW=MOSS LP. I •_ .' ✓� Iu t o.�ELL3+o UNIT t •'\ FUTURE EXPANSION \ TOOK SITE AM4 MA ALMS ,‘ wit _ r- t / 1I'-,nT7 `1.r; • r.\..,\• t, j %. 1.--r 1.I I I , WESLOTT STATION N.AN 1 .ea" �;•G 0 •--�` 4. :-l1• • i tug •Th alai Alb IEAIrOOSS • I .o.... • ,t.,.:Ti i .. 1...., 's . ( • • • • • WEST PUBLISH I N G / E A G A N /2_1 OEUELOPMENT PLAN • IN DIREC T OURCE PERMIT APPLICATION OPUS COnPORAiION • nFW, INC.. EAGAN, MINNESOTA : Figure 3 • • Agenda Information Memo May 5, 1992 City Council Meeting NITTI DISPOSAL/OUTDOOR STORAGE CONDITIONAL USE PERMIT 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 Southeast Quarter of Section 8—At its meeting of December 19, 1991, the Advisory Planning Commission recommended approval of a conditional use permit for outdoor storage for Nitti Disposal subject to twelve conditions including certain improvements to the Nitti site and a requirement for complete enclosure of recyclable storage. Since that time,the Nitti proposal has been continued from several agendas at the applicant's request due to the company's opposition to certain of those conditions. When it was last before the City Council on April 21, 1992, the City Council granted continuance but directed staff to not permit non-conforming activities to occur until the application was heard and approved. Since that time, staff has followed up with the applicant who has indicated that he would prefer to place tarping material over recycling bins rather than completely enclose them. Staff continues to recommend full enclosure of the recyclable materials in some type of building as noted in the conditions. Despite the best efforts of staff and the applicant, it has not been possible to resolve these issues without Council consideration. As such, the application is coming forward to the Council with the Advisory Planning Commission's recommendation for approval subject to conditions and the applicant's request for modification of conditions to permit an alternative coverage system. For additional information with respect to this application,please refer to the supplemeN tal Community Development Department staff report which is enclosed on page$123:PZAlso enclosed on pages Z through /z is a copy of correspondence from.Russell Schweihs of Nitti Disposal indicating that he has exhausted/al1 options to meet conditions as indicated. Also enclosed on pages /51 through /31L the original Community Development Department staff report in this regard. Finally, enclosed on pages/.35 through l.36 are the Advisory Planning Commission minutes of December 19, 1991 covering this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for Nitti Disposal for outdoor storage in an LI (Light Industrial) District on Lot 8, Block 1, Sibley Terminal Industrial Park as presented or modified. A cc r".0.44\ �,R,.�,.e °`TVA it. CA %.AJA041-%her- 414% • /z � MEMORANDUM TO: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: MIKE RIDLEY, PROJECT PLANNER girro,/ DATE: APRIL 29, 1992 RE: NITTI DISPOSAL CONDITIONAL USE PERMIT Russell Schweihs,Nitti Disposal,has provided a letter stating they have exhausted all options regarding the alteration of their operation to eliminate the need for the recyclable storage bins and is proposing to design a tarping system that would enclose each bin. Following is a brief history of this Conditional Use Permit request: Nitti Disposal's Conditional Use Permit request for outside storage was approved by the Advisory Planning Commission on December 19, 1991. Due to conditions placed on this permit regarding site improvements and enclosing the recycling bins, this application has been continued several times while Nitti Disposal negotiated conditions with staff. Staff continues to believe the bins should be enclosed by a permanent structure and that site improvements are necessary and offered a 3-5 year phased approach. Nitti Disposal was not agreeable to these terms. Attached is a copy of the condition page from the December 9, 1991 Conditional Use Permit staff report for your review. Project Planner MR/js Attach. 4110 /23 • • If approved this Conditional Use Permit is subject to the following: 1. All recyclables shall be stored in completely enclosed areas. cy P lY 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. • T • t �e � • "✓ • -wI RUSSELL P.SCHWEIHS Chief Executive Officer April 29 , 1992 City of Eagan Mr. Dale Runkle Community Development 3830 Pilot Knob Road Eagan, Mn 55122-1897 Dear Mr. Runkle: Reference is made to your request to outline the various options available to Nitti Disposal , Inc. to come into compliance with the Conditional Use Permit. As discussed in my letter of April 2 , 1992, we first attempted to operate without utilizing the storage bins. We found that this was not feasible because it drastically increased the haul time to and from the recycling center. Our residential trailers have. 10 cubic yard capacity. We currently run 5 residential routes per day, which means five loads to the recycling center. By utilizing the storage bins we can cut that to an average of one load per day. Additionally our residential routes are completed too late in the day to allow all of the recycling trailers to be dumped before the recycling center closes. The next option would be to eliminate the recycling trailers by purchasing separate recycling trucks. This would entail completely restructuring and rerouting our method of operations. We would also need to purchase at least two recycling trucks to service our exist- ing customer base. This still would leave us short in the event of a breakdown. . Prices on the aforementioned recycling vehicles 'are $60 , 000 per truck. Therefore, we would need to invest $180,000 in vehicles and would be left with assets (storage bins and recycling trailers ) of approximately $84 , 000 that would be of no use. -1- • M • 3291 Terminal Drive • Eagan, Minnesota 55121 • (612) 451-1.421 • Fax 452-9156 • • • City Of Eagan April 29 , 1992 Page 2 Finally, in order to completely cover the storage bins with a permanent structure would cost approximately $80, 000. This would include $64, 120, plus the cost of the excluded items on • page 2 of attached proposal. We have explored the possibility of receiving grant monies for the project, but found that the grants only apply to equipment and machinery and not to buildings. As we discussed, we do not anticipate the amount of recyclable material stored on site to increase correspondingly as Our busi- ness grows. This is because we will continue to haul the material to the recycling center as soon as we have enough to fill a roll-off container. In conclusion, I feel that we can satisfactorily comply with the first condition of the permit by designing a tarping system that would completely enclose each individual storage bin. This tarp- ing system would be run off of a spool mounted on the rear of each storage bin. We feel that this system would adequately address the concerns of preventing run-off from the material as well as eliminating wind blown material. I therefore request that the Mayor and Common Council allow us to implement the above tarping mechanisms in lieu of constructing a free standing building. Sincerely, • `�, Z. Russ P. Schweihs, Chief Executive Officer • RS/cs • Encl . Proposal • • • • • • • • /► I r I I � � = BB 6OEMER BUILDING SYSTEMS INC. • 251 STARKEY ST.,SUITE 129 ST.PAUL,MINNESOTA 55107 16121 224.5718 Mr . Russell P . Schweihs April 8 , 1992 Nitti Disposal Inc . 3291 Terminal Drive PRICES APPLY FOR 30 DAYS FROM Eagan ,MN 55121 THE DATE SHOWN ABOVE RE : 50 ' x 161 ' x 27 ' Butler LRSS Structure Dear Russ , We are pleased to provide you with our proposal to furnish the following materials ana services : I . BUILDING • . «_!L UAL SYSTEM - A Butler Low Rigid Frame ( LRSS ) building , 50 ' x ICI ' long . Nominal cave height is 27 ' . Roof pitch is 1/2" in _ a combination of 19 '-6" and 22 '-0" . Endwalls are bell, and pct t7 on both the front and rear . E . ROOF - Butlerib II Roof System , 26 gauge aluminum zinc ( AL-ZN ) coated _teal , factory finished on the interior and exterior surfaces . C . 1.ALL COVERING - Butlerib II Wall System , factory finished interior and exterior surfaces with Butlertone 515 coating . D . ACCESSORIES - 1 . Appearance Alternates - a . Contour Gable • Trim_ - is necessary and is included . h . Contour Eave Trim - is included on the high side only . c . Gutters and Downspouts - are not recommended . • • • r,z7 • MODULAR BUILDING SYSTEMS <00 COMPLETE CONSTRUCTION SERVICES • • 2 . Roof Lite Panels - a . Provide one ( 1 ) 3 ' x 10 ' Butlerib Lite Panel per bay as shown on the drawings . • II . CONCRETE A . FOOTINGS AND FOUNDATIONS - Designed and constructed according to sound engineering practices . Design based on 3000 PSI soil bearing pressure , free of excessive ground water or obstructions. It is the. Owners responsibility to warrant soil conditions . III . SITE PREPARATION AND OUTSIDE PAVING A . SITE WORK - Trenching and backf.illing for foundations . Maximum depth of 4 '-0" . A level site at proper subgrade is assumed. No other site work is included unless otherwise noted . ENGINEERING AND PLANS Structural e:!gireering and design by Butler Manufacturing Company . All Butler erection plans to be stamped by registered professional engineers . • EXCLUSIONS • • Unless otherwise noted , the following costs are not included in this proposal : • A . Permit costs • B . Site plan Approval Drawings C . Opening cover D . Temporary power • DELIVERY - Approximately six weeks from date of order entry. TOTAL PRICE • Total price of the above building, F .O .B . job site , erected complete with listed accessories , including Minnesota Sales Tax , exclusicns as noted: ** ( $64 ,120 .00 ) ** SIXTY FOUR THOUSAND ONE HUNDRED TWENTY DOLLARS . . /29 • • TERMS OF CONTRACT Five percent ( 5% ) down payment with order , payment for steel within five ( 5 ) days after shipment , there after monthly progress payments for material shipped , and estimated labor performed . We appreciate your consideration of Boemer Building Systems , and look forward to the opportunity of working with you on this project . Respectfully submitted , j C Cra ig N .A . Ekdahl Boeme,- Building Systems • • • /27 . . SUBJECT: CONDITIONAL USE PERMIT .t • APPLICANT: NIT'I'I DISPOSAL INC - LOCATION: 3291 TERMINAL DRIVE (LOT 8, BLOCK 1, SIBLEY TERMINAL IND PK) EXISTING ZONING: LIGHT INDUSTRIAL (IA) 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. l 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. • • 73-° • 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 • • • • /3 / • • 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 Aprol viotdheed r tao p pthlie c aCbilty e Owirtdinhin days oll f b ae p apdrovhearl e d b y t othe City Council. 8. an6ces 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. • • /3� • • • = - -- -'— ` ---- - — . _—__.— N 1 ' 7 1 , �' /a •'J ; _ I o _ 0 u. aJ • As: •--ft ` t `\ o 0 ff>.1.-'7'..........' 0 INA'....Z. - /IS O R {. / g •, 4. a ,\°�0�� j `'�'I, 4 '�� / r ~ 0 -rte�'% o J O \..1*� j' s Y •� J --7-7.....:„.... -leo ,,,,,, /;?%. 4...,.. ,_40- N %.. .).":•■•) 0 0 N -4 ,./. ....*:::::::::;;;:;:;:::;*::::::::::::*:::::..,!.' ■ 0 tr\/iv :INN v? '• ;: ^ •• Olt 5 Li -1.--,74.< .._ . r \ar K ,t 9. - I.) t."."4./. . N s` ' ti `O �L, .A W 1 \ / • v 5 O\ \ / '. 'N•\•; . 'rf f. if., *: * V a . , • .O N ',. l N N‘ .. .;■ 5. %V.2L. • /33 • • . / . • • Sg S" w S 63.01/ 41/ o 46, . t 7 . • f Ht 1 1 •\ . zs 4) •l u o • , *1 /Ns, 4 0 ✓ V H O 0 .... I oo r . -Ira. s C:3 No ; � ,, j . 1C:::::3 4: 4 ` a • fi • Unw . 1 ammo. _. `'12. �. as ��MM M• MM'.M •.T•• t —.Q /_ .R t...... . . „-- TERMINAL . • /3S SITE EAGAN ADVISORY PLANNING COMMISSION MINUTES DECEMBER 19, 1991 CONDITIONAL DBE PERMIT NITTI DISPOSAL INC. Acting Chairman Voracek opened the last public bearing 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. • • 3 • • • 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. • • X36 • • • • Agenda Information Memo _ May 5, 1992 City Council Meeting .;;:.; ORDINANCE AMENDMENT/REFUSE & RECYCLING REGULATION & LICENSING A. Ordinance Amendment, City of Eagan, to the City Code, Chapter 6, Other Business Regulation and Licensing, by Amending Section 6.37 Regarding Garbage, Refuse and Recycling Haulers--In an effort to update the City Code with respect to garbage,refuse and recycling hauler regulation and licensing, the Solid Waste Abatement Commission has reviewed Eagan City Code, Section 6.37 and is recomm nding the changes reflected in the ordinance amendment which is enclosed on pages/through,[ for your review. The •rinci.al focus of the changes is to better reflect the recycling and waste haulin. �f environment as it as evo ve• since e conce• ion o rest•en i. an• commerci. re din: and_to encourage an expansion of volume or weight based pricing to ensure •at rest•ents only pay_for what they dispose of. The ordinance has been reviewed Fy allo lie -Epartments and is in order for consideration by the Council at this time. Attached on page /L/l you will find a memorandum from Recycling Coordinator Hageman outlining the process by which this and the following ordinance revision were developed. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an ordinance amendment to Eagan i Section 6.37 regarding garbage, refuse and recycling haulers as presented. • X37 ORDINANCE NO. 2ND SERIES • AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6. 37 REGARDING GARBAGE, REFUSE AND RECYCLING HAULERS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by changing Section 6. 37, subd. 1 (B) , (E) and (H) , to read as follows: B. "Other Refuse" means ashes, non-recyclable glass, crockery, cans, paper, boxes, rags and similar nonputrescible wastes (does not decay or have foul odor) , excluding sand, earth, brick, stone and concrete, and trees, tree branches and wood except when stored as firewood. E. "Yard Waste" means leaves, lawn clippings, garden waste, weeds, Christmas trees and prunings up to six inches in diameter or other materials as may be defined by Council resolution. • H. "Commercial Establishment" means any premises where a commercial or industrial enterprise of any kind is carried on, and shall include restaurants, clubs, churches and schools. Section 2 . Eagan City Code Chapter Six is hereby amended by changing Section 6. 37, subd. 2 and 3, to read as follows: Subd. 2 . License Required. It is unlawful for any person to haul garbage, other refuse, recyclables, yard wastes or food wastes without a license therefor from the City, or to haul garbage, other refuse or recyclables, yard wastes or food wastes from his own residence or business property other than as herein excepted. Subd. 3 . Exception. Nothing in this Section shall prevent persons from hauling garbage, other refuse, recyclables, yard wastes or food wastes from their own residences or business properties provided that the following rules are observed: 1) that all garbage is hauled in containers that are water-tight on all sides and the bottom and with tight-fitting covers on top, 2) that all other refuse, recyclables, yard wastes and food wastes are hauled in vehicles with leak-proof bodies and completely 111 7730 410 covered or enclosed by canvas or other means or material so as to completely eliminate the possibility of loss of cargo, 3) that all garbage and other refuse shall be dumped or unloaded only at a licensed solid waste facility or County designated facility, 4) that recyclables may be disposed of at a recycling facility, an organized recyclable drive or through a licensed recyclables hauler, 5) that yard wastes may be composted privately or be disposed of at a composting facility or through a licensed refuse hauler or recyclables hauler and 6) that food wastes may be disposed of at a food waste composting facility or processing facility or through a licensed food waste hauler. Section 3 . Eagan City Code Chapter Six is hereby amended by changing Section 6. 37, subd. 4 (A) (3) , to read as follows: 3 . Residential dwelling hauling licensees shall make curbside recycling collection available to all Residential dwelling accounts. Commercial/Multiple-dwelling hauling licensees shall make recycling collection available to all multiple residential dwelling accounts. At a minimum, such service shall include all targeted recyclables as defined herein. Commercial/Multiple-dwelling hauling licensees shall make recycling collection available to all commercial . establishment accounts no later than January 1, 1993. At a minimum, such service to commercial establishments shall include at least two targeted recyclables items as defined herein. Section 4 . Eagan City Code Chapter Six is hereby amended by changing Section 6. 37 , subd. 4 (B) , to read as follows: B. Before a garbage, refuse or recycling hauler license shall be issued, the applicant shall file with the City Clerk-Treasurer the following information evidencing insurance coverages and amounts from an insurance company authorized to do business within the State of Minnesota and/or a certificate of self-insurance pursuant to the Minnesota State Statute: 1. Auto liability coverage including all owned, non-owned and hired motor vehicles. Coverage provided should be in an amount of at least $250,000. 00 for injury to or death of any one claimant and $500,000.00 for total injuries and/or damages arising from a single occurrence, or a Combined single limit of $500,000.00. 2 . Worker's Compensation Insurance Certificate as required by Minnesota Statutes. • X39 411 Section 5. Eagan City Code Chapter Six is hereby amended by changing Section 6. 37, subd. 4 (D) (1) , to read as follows: 1. Residential dwelling hauling licensees rates shall include a minimum of three levels of regular service, priced on the basis of volume or weight with a rate structure designed to encourage reduction, re-usage and recycling. Residential dwelling hauling licensees are prohibited from imposing a greater charge on residents who recycle than on residents who do not recycle. Section 6. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation' " and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 7 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council 411 By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 411 / /JP 110 MEMO TO: CITY ADMINISTRATOR HEDGES HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: RECYCLING COORDINATOR HAGEMAN DATE: APRIL 30, 1992 SUBJECT: ORDINANCE AMENDMENTS: CITY CODE CHAPTERS SIB AND TEN In response to legislative initiatives in 1991 amending the Waste Management Act of 1980, specific regulations needed to be incorporated into our local ordinances which regulate many aspects of solid waste management. City staff, members of the Eagan Solid Waste Abatement Commission and the hauling community have reviewed and updated many sections of both City Code Chapters Six and Ten. The specific revisions occur in City Code, Chapter 6, Other Business Regulation and Licensing, Section 6.37 Regarding Garbage, Refuse and Recycling Haulers and City Code, Chapter 10, Other Business Regulation and Licensing, Section 10.01 Regarding Storage, Deposit and Disposal of Refuse. Staff conducted two workshop sessions in addition to regular SWAC 0 meetings, received written and verbal responses regarding new language and formulated the draft revisions submitted for your review. In addition to new mandates for refuse collection, many definitions and storage and collection requirements needed updating and refinement. We hope this effort to clarify responsibilities for both our residents, business community and refuse/recycling haulers will encourage recycling and proper disposal of refuse and other materials. If you have any specific questions or concerns regarding the amendments, please let me know. Recycling Coordi ator cc: Assistant to the City Administrator Hohenstein 411 A4( Agenda Information Memo • May 5, 1992 City Council Meeting ORDINANCE AMENDMENT/STORAGE, DEPOSIT & DISPOSAL OF REFUSE B. Ordinance Amendment, City of Eagan,to the City Code, Chapter 10,Public Protection, Crimes and Offenses,by Amending Section 10.01,Regarding Storage,Deposit and Disposal of Refuse--Associated with the item above, the Solid Waste Abatement Commission also reviewed City Code, Section 10.01 relative to the storage,deposit and disposal of refuse and is recommen ing changes as reflected in the ordinance amendment enclosed on pages ,3 through /yb. The principal modifications contained within the amendment include re a . '•ns with res•ect to • • 4 . •_ com•ostin l to minimize •• • • . . _ _ - clarifies certain sections to reflect the evolution of recycling and waste management in recent years and implements a State mandated requirement that all residential, multi-dwelling buildings and commercial establishments have garbage and refuse collection no later than July 1, 1992. This amendment has been reviewed by all departments and is in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment of Eagan City Code, Section 10.01 regarding storage, deposit and disposal of refuse as presented. • • / 2/ ° — • ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10. 01 REGARDING RULES & REGULATIONS RELATING TO COMPOSTING OF YARD WASTE; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Ten is hereby amended by adding Section 10. 01, subd. 1 (B) , (E) , (H) , (J) and (K) , to read as follows: B. "Other Refuse" means ashes, non-recyclable glass, crockery, cans, paper, boxes, rags and similar nonputrescible wastes (does not decay or have foul odor) , excluding sand, earth, brick, stone and concrete, and trees, tree branches and wood except when stored as firewood. E. "Yard Waste" means leaves, lawn clippings, garden waste, weeds, Christmas trees and prunings up to six inches in diameter or other materials as may be defined by Council • resolution. H. "Commercial Establishment" means any premises where a commercial or industrial enterprise of any kind is carried on, and shall include restaurants, clubs, churches and schools. J. "Composting" means any above-ground microbial process that converts yard waste to organic soil amendment or mulch, excluding winter plant protection coverings less than one foot in height. K. "Kitchen Waste" means rinsed egg shells, coffee grounds and chopped vegetables and fruit remains. Section 2 . Eagan City Code Chapter Ten is hereby amended by changing Section 10. 01, subd. 2 (A) , (B) and (C) , to read as follows: A. It is unlawful for any person to store garbage or other refuse on residential dwelling premises for more than one week. All such storage shall be in water tight, metal or plastic containers of not less than five gallons with tight fitting covers which shall be maintained in a clean and sanitary condition, provided that yard waste may be stored in water-tight, metal or plastic containers of not less than /145 five gallons with tight fitting covers or closable plastic or paper bags and tree limbs must be stored in bundles weighing no more than sixty pounds and no longer than four feet. B. It is unlawful for any person to store garbage or other refuse or recyclables on multiple dwelling premises for more than one week. Such storage shall be in containers as for residential dwelling premises, except as so called "dumpsters" with close fitting covers may be substituted. C. It is unlawful for any person to store garbage or other refuse on commercial establishment premises for more than one week, or for a shorter period when collection must be made at more frequent intervals to protect the public health or at the direction of the City. It is unlawful for any person to store recyclables on commercial establishment premises for more than one week. Such storage shall be in containers as for residential dwelling premises, except that so called "dumpsters" with close fitting covers may be substituted. Section 3 . Eagan City Code Chapter Ten is hereby amended by adding Section 10. 01, subd. 2 (E) , to read as follows: 410 E. Backyard Composting. 1. Requirements. No composting shall be permitted except in Residential Dwelling Districts and Agricultural Districts upon compliance with the following requirements: a. Yard waste shall be composted within an enclosure with a minimum of three sides or circular, not to exceed a total of 100 cubic feet in volume for the residential lots of 12, 000 square feet or less or 150 cubic feet for residential lots with an area of more than 12 , 000 square feet. The containers shall be of durable material such as wood, plastic, fiber glass, or metal fencing material; b. Only yard waste, sawdust, wood ash, straw, kitchen wastes which have been placed initially in the center of the compost pile, and commercially available compost ingredients to accelerate composting may be placed in the compost enclosure; / $ c. No meat, bones, fat, oils, dairy oil , d iry products, food other than kitchen waste as defined in Subdivision 1 (K) , synthetic fibers, human or pet waste, or diseased plants shall be placed in the compost enclosure; d. Compost shall be properly maintained to minimize odor generation and to promote effective decomposition of the materials; and e. The compost enclosure shall be located behind the residential dwelling and shall not be within 30 feet of any habitable building, 30 feet of a public right-of-way, and five (5) feet of any property line. f. The compost enclosure must be located above the 100 year high water level for the closest adjacent pond. 2 . Non-Compliance. Failure to comply with any of the provisions of Subd. 2 (E) herein shall constitute a nuisance and the owner or occupant of the lot or tract of land on which such nuisance is located is primarily responsible for its abatement. 411Section 4 . Eagan City Code Chapter Ten is hereby amended by changing Section 10. 01, Subd. 3, to read as follows: Subd 3 . Deposit. It is unlawful for any person to deposit garbage or other refuse from any source, in any place other than a licensed solid waste facility or County designated facility. It is unlawful for any person to deposit recyclables or yard waste from any source in any place other than a licensed recycling facility or yard waste processing facility or use other proper disposal methods as approved by the City Council. Section 5. Eagan City Code Chapter Ten is hereby amended by changing Section 10. 01, Subd. 5, to read as follows: Subd. 5. Disposal. A. Sanitary Landfill. The Council may, by resolution, adopt, and from time to time amend, adjust and revise such rules, regulations, rates and charges as it deems necessary or proper for the operation and management of a licensed sanitary landfill. It may give notice of any such action as it deems necessary. 411 B. Garbage and Refuse Collection . Every household in residential and multi-dwelling districts and all commercial establishments shall have garbage and refuse collection no later than July 1, 1992. Such collection must be made by a garbage and refuse hauler that is licensed with the City of Eagan except commercial establishments and households in a residential district need not contract with a licensed hauler when it hauls its garbage and refuse from its own property and complies with the standards defined in Section 6.37, Subd. 3 of the City Code or provided the garbage and refuse is disposed of in an environmentally sound manner. Section 6. Eagan City Code Chapter One entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 5. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Agenda Information Memo • May 5, 1992 City Council Meeting ORDINANCE AMENDMENT/CHAPTER 13/FLOOD PLAIN REGULATIONS C. Ordinance Amendment, City of Eagan, to the City Code, Chapter 13, Platting, Regarding Flood Plain Regulations—At the regular meeting held February 4, 1992, the City Council approved Ordinance number 133 which amended both Chapter 11 and Chapter 13 of the City Code. The amendment was necessary to incorporate the new flood plain regulations in both the zoning and subdivision chapters of the Code. Unfortunately, the public hearing notice for the Advisory Planning Commission referenced only Chapter 11, consequently the amendment to Chapter 13 was not properly noticed and has not technically been in effect. This ordinance amendment to Chapter 13 is therefore being presented again for approval by the City Council after proper notice and approval by the APC at its April 28, 1992 meeting. Attached on page f#Iis a copy of the ordinance. Also attached on page /# is a copy of the APC minutes. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the City Code Amendment to Chapter 13 regarding flood plain regulations. S • • ORDINANCE NO. 2ND BERIEB • AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 13 ENTITLED "SUBDIVISION REGULATIONS (PLATTING)" BY AMENDING SECTION 13.20 REGARDING PRELIMINARY PLAT COMPLIANCE WITH FLOODPLAIN REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 13.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Thirteen is hereby amended by adding 13.20, Subd. 18, to read as follows: • Subd. 18. Preliminary Plat Compliance With Floodplain Requirements. With the approval of a preliminary plat, the City shall review the plat to insure that each lot or parcel contains sufficient area outside of the floodplain for structures, sewage systems and related activities. Section 2. Eagan City Code Chapter One entitled "General Provisions and Definitions Applicable to the Entire City Code including 'penalty for violation"' and Section 13.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. • Section 3. Effective Date. This ordinance shall take effect upon . its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council • By: E. J. Vanoverbeke By: Thomas A. Egan Its: Clerk • Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date Advisory Planning Commission Hearing: APR 29 '92 13:19 SEUERSON.W1LC0X S. 9-ELDON 300 P03 • Page 12/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 28, 1992 ORDINANCE AMENDMENT CITY OF EAGAN Chairman Voradek opened the last public hearing of the evening regarding an amendment to the City Code, Chapter 13 (Platting) regarding flood plain regulations. City Planner Sturm stated that this item had previously been approved by the Advisory Planning Commission, however, the legal notice did not reference Chapter 13, so the ordinance amendment needed to be approved again. Miller moved, Gorman seconded, the motion to approve an amendment to the City Code, Chapter 13 (Platting) regarding flood plain regulations. All present voted in favor. • / • Agenda Information Memo May 5, 1992 City Council Meeting • ORDINANCE AMENDMENTS/CODIFICATION D. 1992 Ordinance Codification—Representatives of the City Clerk's office, the City Attorney's office and Municipal Ordinance Codifiers met recently to review 1991 and early 1992 ordinances adopted by the City as well as to review six (6) additional proposed ordinances. Since the last codification, the City has adopted the following ordinances which are reviewed for codification at this time: Effective Number Chapter Purpose kalg 120 11 Zoning for pawn shop use districts 5-16-91 121 2 Allows CSO's to issue citations 7-25-91 122 6 Dance hall licensing 7-25-91 123 2 Mayoral term of office 8-15-91 124 2 Even year elections 8-29-91 125 10 Age of participants in special hunts 8-29-91 • 126 10 Rabies control 8-29-91 127 (1) 11 Repeal delinquent escrow collection ordinance 9-12-91 128 (1) 13 Repeal delinquent escrow collection ordinance 9-12-91 129 4 Repeal moratorium on advertising signs 9-26-91 130 6 Redefines targeted recyclables 11-19-91 131 11 Outdoor storage 11-28-91 132 2 Community Investment Fund 12-19-91 133 11 Flood plain regulation 2-13-92 13 Flood plain regulation See#138 Note 134 6 Tobacco licensing 2-27-92 135 10 Dog/Cat regulation 4-16-92 (1) Ordinance 127 and 128 are not being codified since they repeal ordinances adopted in 1990 (numbers 104 and 105) which themselves were not codified. There will be no reference to either the original or repealing ordinances contained in the City Code. • /j'O • Agenda Information Memo May 5, 1992 City Council Meeting The following ordinance are suggested for codification if approved by City Council action earlier in the meeting: Effective Number Chapter 136 6 Garbage, refuse and recycling licenses (1) 137 10 Storage, deposit and disposal of refuse (1) 138 13 Flood plain regulation (2) (1) Effective upon City Council approval and publication in the legal newspaper. (2) This ordinance was previously approved by the City Council as part of number 133, however, it was since discovered that the Public Hearing notice for the Advisory Planning Commission referenced only an amendment to Chapter 11. To property adopt the amendment to Chapter 13, it is being processed again. Attached as pages/5'2/and /er3 is a copy of the revision memo as provided by the codifiers. This memo notes where the above nineteen (19) ordinances are being placed within the code and provides some additional information. The memo also addrpsses two (2) additional ordinances (numbers 139 and 140)which are attached as pages/AL through j5 '. These amendments make changes to keep the City Code in compliance with State Law or to provide clarification of previously enacted ordinances. The City Clerk's office and City Attorney's office have reviewed these two (2) proposed ordinances and find them in order for approval. In addition, the City Attorney's office has determined that certain provisions of the ordinance (number 132) setting up the Community Investment Fund are more restrictive than is permissible by State Law. Originally, the ordinance was set up to allow expenditures from the fund which did not meet the findings of the expenditure restrictions upon the affirmative vote of at least four Councilmembers. Also, the expenditure limitations could be changed only upon the affirmative vote of all five members of the City Council and the ordinance itself could be amended only upon the affirmative vote of at least four members of the Council. The City Attorney has determined that the restrictions cannot exceed those that are required in State Law to enact the ordinance. Enclosed on page &;1 is a proposed ordinance amendment(number 141)which will make these changes. It is suggested that this ordinance also be approved and included in the codification. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny ordinances numbers 139-141 and to approve or deny codification of ordinances 120-141 excluding numbers 127- 128. /57 • REVISION MEMO - EAGAN DATE: April 21 , 1992 TO: Gene VanOverbeke, City Clerk . FROM: Lorraine E. O'Reilly, Codifier RE: 1992 City Code Revisions We herewith hand you ordinances amending Chapters 5 and 8 of the City Code. You will note that the number has been left blank on each of the ordinances , but a number should be assigned prior to adoption and publication. The enclosed ordinances should be reviewed by yourself and the City Attorney prior to being submitted to the Council for its consideration. After the ordinances have been adopted and published , please forward published copies to our office so that we are aware of any changes which have been made in the City' s review. The revision pages will then be prepared by our office for insertion in the Code. CHAPTER 2 410 Ordinances numbered 121 , 123 , 124 and 132 will be inserted in preparing the Code revision pages , subject to any appeal which may be made as to Ordinance No. 124 prior to May 1st , and a possible statutory violation contained in Ordinance No. 132 .as brought up by the City Attorney' s office. CHAPTER 3 • We understand the City is currently considering ordinances relating to backyard composting and recycling and we are to receive copies when they have been adopted. CHAPTER 4 Appropriate notes as to Ordinance No. 129 will be inserted in preparing the revision pages. The City Attorney' s office is to determine whether or not an ordinance as to the sign moratorium need be adopted. CHAPTER 5 Subd . 8 of Sec . 5 . 02 has been updated in accordance with Laws 1991 . The 1991 Legislature expanded the statute relating to acceptable documents used for proof of age. Those additional documents have been incorporated into Subd. 6 of Sec . 5. 12. It also restricted the prohibition of alcoholic beverages in and upon schools and school grounds to "public" schools and grounds , and this amendment /d; • has been inserted in Sec. 5. 17. As discussed, provisions which duplicate those of Sec. 5.02 , Subd. 8, Subparagraph B have been repealed in Sections 5. 52 and 5.70. CHAPTER 6 Ordinances numbered 122, 130 and 134 will be inserted in preparing the revision pages. CHAPTER 8 Section 8 . 01 is amended to update adoption of MSA Chapter 169 by reference through Laws 1992. • CHAPTER 10 Ordinances numbered 125 and 126 will be inserted in preparing the revision pages. The City is to send us a copy of Ordinance No. 135 when it has been adopted and published. CHAPTER 11 Ordinances numbered 120 , 127 , 131 and 133 will be inserted in preparing the revision pages. CHAPTER 13 Insertion of an appropriate note as to Ordinance No. 128 will be inserted in preparing the revision pages. Subd. 18 of Sec. 13.20 which was amended by Ordinance No. 133 is , we understand, being readopted after a required hearing has been held on the amendment. Ordinances numbered 128 and 133 will be inserted in preparing the • revision pages . • / 3 -2- • ORDINANCE NO. 3 l , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 5 ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION BY CHANGING PROVISIONS RELATING- TO PERSONS DISQUALIFIED FOR LICENSES , PROOF OF AGE AND ALCOHOLIC BEVERAGES IN CERTAIN BUILDINGS AND GROUNDS; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 5. 99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1 . City Code, Sec. 5 . 02 entitled "Applications and Licenses Under This Chapter - Procedure and Administration" , is hereby amended by changing Subparagraph B of Subd. 8 , to read: Subd. 8. Persons Disqualified. B. No person holding a license from the Commissioner as a manufacturer , brewer or wholesaler may have a direct or indirect interest, in whole or in part , in a business holding an alcoholic beverage license from the City. Section 2 . City Code, Sec. 5. 12 entitled "Minors as Defined 0 in Section 5 . 01 - Unlawful Acts" , is hereby amended by changing Subd. 6 , to read: Subd. 6 . Proof of Age. Proof of age for purchasing or consuming alcoholic beverages may be established only by a valid driver ' s license issued by Minnesota, another State, or a province of Canada, and including the photograph and date of birth of the licensed person; or by a valid Minnesota identification card; or by a valid Canadian identification card with the photograph and date of birth of the person, issued by a Canadian province; or, in the case of a foreign national , from a nation other than Canada, by a valid passport . Section 3 . City Code, Sec. 5. 17 is hereby amended, to read: SEC. 5 . 17 . ALCOHOLIC BEVERAGES IN CERTAIN BUILDINGS AND GROUNDS. It is unlawful for any person to introduce upon, or have in his possession upon, or in, any public elementary or secondary school ground, or any public elementary or secondary school building, any alcoholic beverage, except for experiments in laboratories and except for those • organizations who have been issued temporary licenses to sell alcoholic beverages , and for any person to possess alcoholic beverages as a result of a purchase from those organizations 0 holding temporary licenses. / 1-/ • — Section 4 . City Code, Chapter 5 , is hereby amended by repealing Subd. 3 of Sec. 5. 52 entitled "Liquor License Restrictions and Regulations" , and Subparagraph B of Subd. 3 of Sec . 5 . 70 entitled "On-Sale Wine" , both relating to granting of licenses to wholesalers and manufacturers of wine and liquor or anyone holding a financial interest in such manufacturing or wholesaling. Section 5. Eagan City Code Chapter 1 entitled General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5. 99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 6 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST : CITY OF EAGAN CITY COUNCIL 411 By: By: Its : Clerk Its : Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: • /5/ • u S ORDINANCE NO. ILi b , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 8 ENTITLED "TRAFFIC REGULATIONS" BY CHANGING A PROVISION RELATING TO ADOPTION OF THE TRAFFIC REGULATION ACT BY REFERENCE; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 8. 99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1 . Eagan City Code Section 8.01 is hereby amended, to read: SECTION 8. 01. MINNESOTA STATUTES, CHAPTERS 168 , 169 AND 171 ADOPTED BY REFERENCE. Except as otherwise provided in this Chapter , or in Chapters 7 and . 9 of this Code, the regulatory and procedural provisions of Minnesota Statutes , Chapter 168 , Chapter 169 (commonly, referred to as the Highway Traffic Regulation Act ) and Chapter 171 , as amended through Laws 1992 , are hereby incorporated herein and adopted by reference , including the penalty provisions thereof . Section 2 . Eagan City Code Chapter 1 entitled "General 0 Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 8. 99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST : CITY OF EAGAN CITY COUNCIL By: By: Its : Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: • 4 ORDINANCE NO. lye 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TWO ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY AMENDING SECTION 2 .79 REGARDING COMMUNITY INVESTMENT FUND; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 2 .99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Two is hereby amended by changing Section 2 .79, subd. 5 (D) , to read as follows: D. If any of the findings in subparagraph C. of this subdivision cannot be made and the project meets the expenditure limitations imposed in the Expenditure Limitations Subdivision, expenditures may be made from the fund upon the City Council's approval. Section 2. Eagan City Code Chapter Two is hereby amended by repealing Section 2 .79 , subd. 7, relating to amendments to the expenditures limitation subdivision of Section 2.79. Illtection 3 . Eagan City Code Chapter 1 entitled "General Provisions and efinitions Applicable to the Entire City Code Including 'Penalty for Violation' " and Section 2 .99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: /57 Agenda Information Memo May 5, 1992 City Council Meeting • FRONT SETBACK VARIANCE/HOSFORD 1ST ADDITION E. Variance, John & Karen Hosford, of 12' to the Front Setback of 40' Along Deerwood Drive, Located at Lot 4, Block 1, Hosford 1st Addition—An application has been received of John & Karen Hosford for a variance of 12 feet to the required 40 foot setback from Deerwood Drive for Lot 4, Block 1, Hosford 1st Addition. For additional information with respect to this application, please refer to the Community Development Department staff report which is enclosed on pages M' through LLfor your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance of 12 feet to the required 40 foot setback along Deerwood Drive for John & Karen Hosford for property at Lot 4, Block 1, Hosford 1st Addition as presented. I SUBJECT: VARIANCE APPLICANT: JOHN & KAREN HOSFORD LOCATION: SW 1/4 OF SECTION 22 EXISTING ZONING: SINGLE FAMILY RESIDENTIAL (R-1) DATE OF PUBLIC HEARING: MAY 5, 1992 DATE OF REPORT: APRIL 27, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance of 12' to the required 40'setback off Deerwood Drive for Lot 4, Block 1, Hosford 1st Addition. This item is located at the SW corner of Deerwood Drive and Hosford Hills Road. COMMENTS: The site contains some severe slopes and some significant oak trees and other hardwood species. A natural home pad exists that will accommodate the proposed home and minimize impact on the existing vegetation. The applicant believes several • physical hardships exist with regard to the required setback. Shifting the house south to meet the 40' setback will result in a loss of no less than five mature oak trees with diameters ranging from 12" to 24" and this shift would cause the building to encroach into the required 30' setback off Hosford Hills Road. As proposed, all setbacks are met except the garage setback to Deerwood Drive. Access to the site will be from the cul-de-sac, thereby maintaining a strong natural buffer along Deerwood Drive. Also, three retaining walls will be built to ensure tree preservation. If approved, this Variance shall be subject to the following: 1. No other Variances shall be granted for this lot. 2. 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' il_l =: . __,L.2 i 1 it--i- -- ,---} • ! 1 1 , i Timor** !I liewunt . • 4 ;fliiii 9941 : sees s s V --• - :. • •-• : I, Ii 1; •I ED=44 --c--. - -, 1•';' $ tr- ; •I I I ,• j.iR.1 1 .... , N S ‘ 4 1 ' I.- -1-0 i i I -I 3, _...--,-1-,...,-1 ,1 i : . ItIWIYall II I I r7rigTe 11 , 1 • ;... . ' • .. 1 ._ , ' ' -- . 17-sh • ,..4.1. t•t- --1 - ' '''S.. ,.... • ,V .-.4,.• ''-, 4111 . ., ,.. „ • er,....- . , . ti life iii- " !.j. JC t • .1 ... ,. - ' •,. - IV *ft. iv•• ' 1' • * A' . Agenda Information Memo • May 5, 1992 City Council Meeting SPECIAL USE PERMIT/SMITTY'S TENT SALE F. Special Use Permit, Marvin Smith & Son, Inc., to Allow a Tent Sale, Located at 3380 Highway 149—An application has been received of Marvin Smith & Son, Inc. for a special use permit to allow a tent sale at Smitty's Outlet Sale on June 11-13, 1992. For additional information with respect to this item, please refer tp the Community Development Department staff report which is enclosed on pages/I&through for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit for Marvin Smith & Son, Inc. to allow a tent sale located at 3380 Highway 149 as presented. S • /�3 SUBJECT: SPECIAL USE PERMIT APPLICANT: MARVIN SMITH & SON, INC. LOCATION: SE QUARTER SECTION 12 EXISTING ZONING: LIGHT INDUSTRIAL (LI) DATE OF PUBLIC HEARING: MAY 5, 1992 DATE OF REPORT: APRIL 28, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use Permit to allow temporary outdoor sales on Lot 2, Block 1, Gopher Eagan Industrial Park Second Addition. The site is located on Kutoff Court at the NE corner of the intersection of Yankee Doodle Road and Highway 149. COMMENTS: The applicant is proposing a three-day "tent" sale to promote Smitty's Outlet Store. The wholesale operation will be running a sale June 11-13, 1992 from 9:00 a.m. - 6:00 p.m. daily. The applicant would like to set up the week before so they can air out the tent and establish a floor plan for the merchandise. The applicant proposes locating the tent on the southern driveway near the entrance to the outlet store. Customer parking will occur in the parking area on the north side of the building. The applicant will provide the following: o Smoking will be prohibited in the tent and building, as well as on the grounds. o Security will be provided after hours. o The tent will be removed promptly after the sale. - If approved, this Special Use Permit is subject to the following: 1. The Special Use Permit is valid from June 11-13, 1992 only. 2. Tent set-up shall not take place prior to June 8, 1992. ki 3. The tent will be removed no later than June 14, 1992. 4. All applicable City ordinances. I\ is I � el fYilN IYi � �� 1$T, M . SE' SW \ 1 r _ ei sr 41:4:1S "nnE--ir 1111111111.__-.- -- � Nnnn__ __ ////// NE NE - NW C(nnA CTAEET 1\\\ a pE fKFR t/D * YANcEl 1)3(_Vt-L Zai) * 41,____ r— . \ --- tIII <-z x'' '� DR%vfw� aknQcSS.p 4,10;c14-49s ,10 x 1FOs 41 FN `i�N-r�rt)8� Pinc� + l ;. CN V(UJ'z. 001. 1 • iii 74- _..) cii ,tc 0 *1 0 _- 0 u , Li_ w•s 4 A I 3. / s Is '4' - • 4' <WP ---r, 0 , Ar , A5 i >L Agenda Information Memo May 5, 1992 City Council Meeting SPECIAL USE PERMIT/MINNESOTA VALLEY EXCHANGE CLUB/OUTDOOR SALES G. Special Use Permit,Minnesota Valley Exchange Club,to Allow a One-Day Hot Dog and Pop Sale at the Cub Food Store, Located in the Southwest Quarter of Section 29—An application has been received of the Minnesota Valley Exchange Club to allow temporary outdoor sales of hot dogs and pop at the Cub Food Eagan location on Saturday, May 16, 1992 or a rain date of June 6, 1992. The purpose of the event is to raise funds for charitable activities. For additional information with respect to this application, please to the Community Development Department staff report which is enclosed on pages /6 7 through afor your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit for the Minnesota Valley Exchange Club to allow a one-day hot dog and pop sale at the Cub Food Store located in the southwest quarter of Section 29 as presented. I /64 • • SUBJECT: SPECIAL USE PERMIT ID APPLICANT: MINNESOTA VALLEY EXCHANGE CLUB LOCATION: SW QUARTER SECTION 29 EXISTING ZONING: COMMUNITY SHOPPING CENTER (CSC) DATE OF PUBLIC HEARING: MAY 5, 1992 DATE OF REPORT: APRIL 28, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use Permit to allow temporary outdoor sales on Lot 1, Block 1, Cliff Lake Centre. The site is located west of Blackhawk Road and south of Cliff Lake Road. The Exchange Club is a non-profit organization working to provide service to youth and ending child abuse. COMMENTS: The applicant is proposing a one-day hot dog and pop sale fund raiser at Cub Foods on Saturday, May 16, 1992, with June 6, 1992 as a foul weather date, if necessary. Hours of operation will not exceed 8:00 a.m. - 8:00 p.m. The sales area is • proposed at the NW corner of the building. Proceeds from this operation will be donated to the Exchange Club Child Abuse Center and the B. Robert Lewis House. If approved, this Special Use Permit shall be subject to the following: 1. The permit is valid May 16, 1992 or June 6, 1992 as a rain day only. 2. Equipment will not be set up prior to May 16, 1992 and must be removed no later • than May 17, 1992. - 3. The sales operation, including customers, will not be located in any drive aisle or designated parking area. 4. All applicable City ordinances. ILO l :,,i, a�... f `4 ,,, 10 l o CAN as 1;it Ili J LW 1 \� id U LI ��1lr A 1 -t"= •MEADO me r I b�,c s'( �J 4Q � ''mot_,. .SIN A �ilGl f..\a\!\„,4 • ,/7. ‘,.r.z+-_,-,-/ ,,,, -_7,--IT-q,V ( .!.e) r- A ,-) i , Cti., r",e y K- Q 154 , °",--',„,).` 740. 7 S. 7.71.. ,,.,,ac TILE wd .nay 4C 4f I2I c c kk...' '. -N ,. 9. ..- ..- , Ai .� t.! .i/ �' r %'� , � / , ! ., - .I // .fir r <._ ill,— f 11 /�/�_1/ r �.� /-1 i ,/`- r j / �)j ' . I . ,. ., 0.4 / r � ...-..... -.- ,. I 4 .•( 4) ) / . �, ... , /, �, 11 - .- �1 r ', �! . ,•; - ( - �, r_ _ (1. 0 . -;1 f k t ' - r 'ter ^ .� I / / O ! i ",=" •••••74,-„"1. .. c: :� ;,4 '�. �-4-•- 1 - • _ c. 0 t li i 4 , CUB __ .,. t / , ' 40iN 14 I. :, ..... ,.....„ ,.. ;O , ! 11. ' r ( ��o t ;' H x ,,��--�� " ' 1 SALES AREA ,_,,, ^ •' _______•-• �� IVY r� r _YS , /, t. W ` - 7t.'"1".* `.... . . .\ ir \ ■• .••• _ • • - •■ / \ \ ' \-s: ZI.'7,,,,a :1 .. . CFA �� ._ - ' ^ . ��pp ''' t�j ` y _ /. •\ - a lv idLRJ? i i-, ••••,„„ ..,,,-_,,c.r„,..••,- .////' ,...40 .,- W. '. 10 (11 il II tA _ ..., N'u'll'l 11 .k.... .., ...att,4 `J �It' �, \ �'`�\` �. . `' 1 will . tom s�. ,I, . =:.-:{.. -,. ' � \ =- . - ~- ROAD _ . -.. i. ... r _ r / . r /6i , . . . Agenda Information Memo May 5, 1992 City Council Meeting INTERIM USE PERMIT/JAMES BARKER HORSES IN A SINGLE FAMILY DISTRICT H. Interim Use Permit,James Barker, to Allow Horses in an R-1 (Single Family) District Located on Parcel 010-83 along the East Side of Thomas Lake Road, North of Cliff Road in the SE 1/4 of Section 28—At its meeting of April 28, 1992, the Advisory Planning Commission considered an application by James M. Barker of 4550 Thomas Lake Road for an interim use permit to allow the keeping of horses in a single family district. For additional information with respect to this application, please refer to the Comm pity Development Department staff report which is enclosed on pages/7 through/ $-for your review. Also enclosed on page is a copy of the Advisory Planning Commission minutes relative to this application.�e APC is recommending approval of this item. Finally, enclosed on page/RIO is a supplemental memorandum from the Community Development Department relative to the deferment of assessments and financial obligations according to previous agreements which would ultimately be the responsibility of the property if and when it is subdivided or changed to a higher use. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an interim use permit for James M. Barker for property located at 4550 Thomas Lake Road to permit the �c 40 keeping of horses in a single family district as presented. �,r�'" 0-'79'1;0}1X • SUBJECT: - INTERIM USE PERMIT APPLICANT: JAMES M BARKER LOCATION: 4550 THOMAS LAKE ROAD (P.I.D. #10-02800-010-83) EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: APRIL 28, 1992 DATE OF REPORT: APRIL 21, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by James M. Barker of 4550 Thomas Lake Road requesting an Interim Use Permit to allow the keeping of a horse, or horses, in an R-1 (Single Family) district. BACKGROUND: In early-February 1992, Mr. Barker contacted City staff regarding having horses on his property. City Code, Section 10.12,Animals and Foul—Keeping,Transporting, • Treatment, and Housing, Subd. #2 Keeping, states It is unlawful for any person to keep or harbor any animal, not in transit, except 1) farm animals kept in that portion of the City's zoned Agricultural and containing not less than five acres. Horses are considered farm animals by Eagan City Code. Mr. Barker's property is 5.19 acres. In a February 7, 1992 letter, Mr. Barker requested that the City Council approve the continued use of the property as a single family residential hobby farm and by his heirs and assigns. His request was to keep horses for purely recreational use. Mr. Barker has no plans for subdivision or other use of the property. At the February 18, 1992 City Council meeting, his request was heard. After discussion, the Council made motion to direct the Advisory Planning Commission to hold a public hearing regarding this matter under the Interim Use permit process. The current animal holding area on the property is located along the far west edge of the property adjacent to Thomas Lake Road. There is an existing barn on the property which has five horse stalls. The east property line extends into Thomas Lake. If he should decide to sell his property, he would like to be able to sell it as a "hobby farm". Staff recommends a 10-year term for the Interim Use Permit which by Code, is reviewed annually. • / 7e' • FINANCIAL OBLIGATION - 10-02800-010-83 Interim Use Permit • This property was assessed in 1980 when Thomas Lake Road was assessed. The assessments were appealed and agreements were entered into which stated generally that the assessments would be defered until such time as the owner or assigns should acquire a change in zoning, request for additional building permit for the property, convert the use of the property to another purpose or subdivide. A strict interpretation of the terms of the agreements executed to dismiss the assessment appeals would cause the following charges to be proposed as a condition for the issuance of the interim use permit. The charges and improvements are: Improvement Use Rate Quantity Amount Water lateral S.F. 1530/ff 400 ff $ 6,120 Benefit Sanitary Sewer S.F. 17.25/ff 400 ff 6,900 Lateral Benefit Storm Sewer S.F. 11.75/ff 400 ff 4,700 Lateral Benefit (Street Drainage) • Storm Sewer Trunk S.F. .069/S.F. 132,864 9,168 Street S.F. 34.05 400 ff 13.620 Total EOM The use of the property as a hobby farm will not create additional impact on the City's utility system as the property is not connected to the utility system, and would not be connected as a result of this interim use permit. As a consequence, it might be appropriate to acknowledge the previous agreements and continue the deferment until one of the conditions therein is more clearly met. The property's driveway access is onto Thomas Lake Road. • /7/ If approved, this Interim Use Permit shall be subject to the following conditions: 1. This permit shall expire 10 years after the date of approval. 2. The permit holder shall prevent any surface water runoff from animal holding areas on the premises from reaching either Thomas Lake or the City's storm sewer system. 3. This permit shall be reviewed annually. 4. A limit of five horses. • • • • • - .... ,C .. ..--..J 117 Sl "W • ,1 rt1/9 NW o .u..o1 � �MNE,• �� f_imiN �1.Y.. �� fMFR �u- ,�—.- ccrr _.,. - Fes- =yna"u _ - , i f i .2 LOCATION 1 11950140^ tta K 1 - � .,� 5 h. (^•\,.:.111, ..% . c I.. I y p 0 1. tv,it!-tiii li .,ahn,•% .,,- Q. e r LA.��¢ **DIN a:" W Vic' s„ : r . I Mt16M1S ' 'c Z i 3.+� � : PARK - ri 7 l` k 1114 , ""i ,;' , i . "� ! P `c.P4• ..SON -, .�\,1 I. I ,.U1 1.1,'p 9-. ACS P PK er` 'f2�/� 'c,°°` Fwk,V.7ii .' .6.1 ji I .,1 i-.E *� V -.. - 1•I0Ms ua K rj;}R. � ' PaRx �. ZONING F w s��J T _ _� 11111 rs • ) apppr��r�qqq�t • '.•�w= f .Jar . _ s,rt PK F r '. J�ifiii��ll Ci mi . a,. ..oc.w.gi I • : .:it 4 . "!;144,r;411 i 410-1— If t '' E`i 4 ' ` A 11-i,I,: ,I 7 -' 1 "VOLT* . -.; L/ 0411 U ' 1 as 12....1.11 ©a PF • GUIDE PLAN ,I,:T ° I`��t . -.�I I\`(•mss` , 0% �. 3? PF PC filei OF ' "111 0 • I r l-, 7 7 4 L . • 1 �•. 1--`.. . • . - - —_ IIP THQM S LAKE PQhJTE —'•• • • , i a •.••• t! • i! interim Use Permit-James M.Barker I •'t.• ' :•' •t � • ' 4 .....• I • f I i 1 • I 5' 1\ i _. 1 N • ; ,,, .... c ..•,....._._.., — ' I. -1 l ...••• .. I �• \ DOOM•, ... �p,K 1 :.‘ ; • i•i •111 TA 4 N I ' �' ' 1 1 t. I L._ - f 04 a \ 16.4de _ 4 .4 .' I ,it_i 1 • . 1 'N.• T • . +!•J. .Ira" •1 .•4 .. ,, .."4. TAU ep j lowilmomr' 4141Nalrl • .Pe • li 5 lie we • V. f • I ::• Elks. uses. 1 . � • �/ • 1 •. �. _ .b- \1\ M,,.:.,., I' i 1•1•111•11111 exone. `_ — ' . • C _ iOUMir $1411 to►r s a t r II�r O.•,.•, - • � '✓i 50417 — MI 4'1 . ..,. • /75., . . • • • ' • interim Use Permit-James M.Barker - • I' 1 / I 1 / I .• • �. - I i• "1: � - 1r 11 . .\I• \•,�� I i \ �‘ •% , l ,I :; •1 4 r 1,.. •.v/ \ 0,, . / r l�r�i■ 1 ■ \ - / ml _ - \ • ' % .." ..% .' ,- — ../ . . .14 \ — r. / ,,, . • i 1 1 1 _ — — . ■ , , • / 111 e• I i 1 r • \ • �/ I •I1,/ I 1 111 1 (- I1 ■ I A• \ \ \1 /1. 1 1.4•'. �• / f 16 .0 ',4 - 1 1 I'. 11 ,�° I ,'t 1 1;:, 1• 1 1 • 1,•'11,,1.1 \ ` I I / y I 1 ' 1 \y — " ../ I . / t r •I 1 1 I ' \ \ / I / 1r' y ,`\ c r I • \ { ••.•C0 — -- .\ 1 J / /...• r +) 11.. �' �� t".. 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I� / 1 ■ • ■Ph . . i PI . „,.....„.... , i • :1-':,.',..:'.i , �::.:. , ,,,, , d ....,1 ,,,, - . • i , - t . 1 - --8R- if aty_________ i , 2 _.__ /771 1 . • • • S: f ' ! ..ii , e 1 1 • P.,/ \ ","1..„,/ !h' - n 4014111.1 - 5A rrrs ( t' si ,,., c•,,, � t • , . - o M 01 A • cIt of le sac �� N i FINANCIAL OBLIGATION i' : ' ^.�-� i a LEGEND ;qt.. a b -muw•--ssss' In LATERAL BENEFIT WATER ; , - M ` t***** LATERAL BENEFIT SANITARY SEWER ` - ��t LATERAL BENEFIT STORM SEWER ! . ‘\ STREET P� `'t\ �. •i OUT A It \.1 8 I )11 STORM SEWER TRUNK `� _ ' , •l ` b� IlIOCK I .. w � �w s .. MIMUR�f71 • u�[ il so• : iN i /'/11 g I I I II 0 / / WI lit 1110 t ti::::::::'' :::::::::-• iXf t i ' s� e -Vii::::::::::::::.::::::: ��! F , .1. $ ..:.:.: .:• : ` ' --Ti 0 r - ......... . i ' .. 1 . R- • 111 0 0;::.,..'e,K • y a 4 tKra 1 �� - r OVPfTY STATE tctlf► SAD .-..,...- tri WO 41011 • ./ 79? • N.L 1/4 5=F.A.;.7, APR 29 '92 13:19 SEUERSON,WILCOX & 9-ELDON 300 P02 -- - Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 28, 1992 INTERIM USE PERMIT .TAMES BARKER Chairman Voracek opened the next public hearing of the evening regarding an Interim Use Permit to allow horses in an R-1 (Single Family) district located on Parcel 010-83 along the east side of Thomas Lake Road, north of Cliff Road in the BB 1/4 of Section 28. City Planner Sturm stated that this is an unique application. The request is for an Interim Use Permit so that the City can monitor this situation. Jim Barker, the applicant, stated he was available to answer any questions. Graves moved, Gorman seconded, the motion to approve an Interim Use Permit to allow horses in an R-1 (Single Family) district located on Parcel 010-83 along the east side of Thomas Lake Road, north of Cliff Road in the SE 1/4 of Section 28, subject to the following conditions: 1. This permit shall expire 10 years after the date of • approval. 2. The permit holder shall prevent any surface water runoff from animal holding areas on the premises from reaching either Thomas Lake or the City's storm sewer system. 3. This permit shall be reviewed annually. 4. A limit of five horses. All present voted in favor. • /79 MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: APRIL 29, 1992 RE: INTERIM USE PERMIT JAMES BARKER At the April 28 Advisory Planning Commission meeting, the Interim Use Permit to allow horses in an R-1 (Single Family) zoning district was approved unanimously by the Commission. The location is a five-acre parcel along the east side of Thomas Lake Road, just north of Cliff Road. The City zoning maps show that this piece of property was zoned to a single family classification in the late 1950's or early 1960's. There was very little discussion by the Commission on this item and no adjacent property owners were present. • In 1980, this property was assessed for the Thomas Lake Road improvements. The assessments were appealed and agreements were entered into deferring the assessments until such time that there would be a change in the zoning or a higher use of the property. The finance department does not believe the use of the property will create additional impact on the City's utility system, therefore feels it may be appropriate to acknowledge the previous agreement and continue the deferment until such time of a higher use on the property. The Council should make a determination on this. At this time, it has not been added as a condition of the staff report. If you would like additional information, please contact me. City Planner JS/js CC: Gene VanOverbeke, Finance Director • S / O • Agenda Information Memo May 5, 1992 City Council Meeting CONDITIONAL USE PERMIT/EAGAN AUTO MALL PARTNERSHIP VEHICLE REPAIR AND SERVICE I. Conditional Use Permit,Eagan Auto Mall Partnership, to Allow an Automobile Service Station in a CSC (Community Shopping Center) District on Lot 1, Block 1, Town Centre 70 Sixth Addition Located Along Town Centre Drive in the NW 1/4 of Section 15—At its meeting of April 28, 1992, the Advisory Planning Commission considered an application from Eagan Auto Mall Partnership for a conditional use permit to allow vehicle repair and service in a Community Shopping Center District. This conditional use permit would allow the consolidation and expansion of the Abbra Auto Body location to include actual vehicle maintenance and repair at the Town Centre site. For additional information with respect to this application, please refer to the Co 11 nity Development Department staff report hich is enclosed on pages /f?—through i or your review. Also enclosed on pages through /eis correspondence from e•eral Land Company relative to the proposed application. inally, enclosed on pages (c?,()through /17 are the Advisory Planning Commission minutes relative to this item. The APC is recommending approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit to allow an automobile service station in a CSC(community shopping center) district on Lot 1, Block 1, Town Centre 70 Sixth Addition. cre 'SQL • SUBJECT: CONDITIONAL USE PERMIT APPLICANT: EAGAN AUTO MALL PARTNERSHIP • LOCATION: LOT 1, BLOCK 1, TOWN CENTRE 70 6TH (NW 1/4 OF SECTION 15) EXISTING ZONING: COMMUNITY SHOPPING CENTER (CSC) DATE OF PUBLIC HEARING: APRIL 28, 1992 • DATE OF REPORT: APRIL 16, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow vehicle repair/service in a (CSC) Community Shopping Center district. LOCATION: The Conditional Use Permit is being sought for the Eagan Auto Mall and tenant, ABRA Autobody, located at the NE intersection of Pilot Knob Road (County Road 31) and Duckwood Drive. BACKGROUND: The auto mall was granted Final Plat approval in October 1986. The • Owner (Midwest Management) provided the City a list of proposed auto mall tenants specializing in general service needs,transmission work,rustproofing,and glass replacement, and explained the main purpose of the auto mall was to create a shopping center motif instead of a service garage. The City Code allows auto repair service as a Conditional Use Permit in the NB, GB, and CSC zoning districts and major auto repair as a permitted use in the Industrial zoning district. Major auto repair includes engine rebuilding, body work, frame work, welding, and painting. ABRA Autobody has been in business at the auto mall since 1989 and has two locations in Eagan. The 1,500 sq.ft.Town Centre Drive location provides insurance and claims estimate service, while the actual repair work takes place at the approximately 10,000 sq. ft. ABRA facility in an Industrial zoning district located at the Lone Oak Business Center along the south side of Lone Oak Road, west of Neil Armstrong Boulevard. COMMENTS: ABRA believes consolidating its business in approximately 7,000 sq. ft. of space at the auto mall will allow fora more efficient operation. This combination will give the auto mall 100% occupancy. The applicant has stated that no more than 12 customer vehicles will be parked outside at any time and all severely-damaged vehicles parked outside will be screened with a tarp or canvas cover. The exact location of this parking area has not been determined. The applicant believes the grade differential between the building and • Pilot Knob Road will provide adequate screening for customer parking, however additional landscaping materials may provide.a more appropriate and permanent screen. fir■2-- FINANCIAL OBLIGATION - 1S-CU-8-4-92 Eagan Auto Mall • Bated upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None • If approved, this Conditional Use Permit shall be subject to the following: 1. No outside storage will be allowed. 2. Damaged vehicles will not be parked outside overnight. 3. Staff shall review and approve appropriate screening measures. • 4. This Conditional Use Permit shall be recorded with the Dakota County Recorder within 60 days of Council approval. 5. All applicable City Codes. • • .... '.5 .;,5;;;45 1"1 .1 •... 41:1" - ( ..--1 ii. l/ 4.P. ' '///i;i1 Ii / ,//• r .4 f onr SI fiP■nE TIT Is 5-inon5500r 1.51 45-Pt IV/001)PT : ../"14 I PT I ' ' l'r vato DOODLE. ----1-i; Tiyk..2.1.,., J., -• ;;... t.,..i.. ;ii ty P..5 /1i.. t41,14:. fl'Lr 1.;..4 6 ''''' --:') ;:' --„%iA.„ynnr::::1----)‘ --- • ,▪ , , i / . , NW .., I 77. 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Super All Imports America 2000 s.f. , 2500 s.f. 3000 s.f. t firestone 600 s.f. • Hliffy Lub' 2600 s.f. f Total GLA - 28,371 s.f. A CON IGURATION '7'"0 MALL SATE R.4 1 Eagan , MN NOT TO SCALE 1Tla"' • _ h F 7t 81T 1088 KENNEDY Car — X Mufflers__ —4083 s.f. n a. 2000 s.f. c • a, — .bra Super America 2500 s.f.! Z, ALL IMPORTS • Q firestone - 600 s.f. Jiffy Lub 2600 s.f. PROPOSED CONFIGURATION Total GLA - 28,371 s.f. • \IDWEST AUTO MALL Eagan, MN SITE PLAN NOT TO SCALF. • R .0 EIVED t E'.. 2 2 ,Rn7 is ,._ Federal Land Company Yankee Square Office II• 3470 Washington Drive• Suite 102• Eogon,Minnesota 55122 Tel. 612-452-3303 FAX 612452-3362 April 21, 1992 • Chairman Voracek and Members of the Eagan Planning Commission Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55123 Dear Chairman Voracek and Members of the Eagan Planning Commission: Federal Land Company has received notification of a Public Hearing scheduled for April 28, 1992, regarding a conditional use permit being sought by the Eagan Auto Mall Partnership at Town Centre - Eagan. It is our understanding that Eagan Auto Mall Partnership is proposing to open a body shop in the Eagan Auto Mall. Federal Land Company is opposed to the granting of a conditional use permit for and the operation of a body shop in the Auto Mall. Prior to selling the land for the Eagan Auto Mall there was an understanding that no body shop • would be located in the Auto Mall. This is evidenced by the fact that the Abbra facility was set up solely for the purpose of providing estimates for body repair work. The actual body work was to be done at another location. The property on which the Eagan Auto Mall is located is zoned "CSC". Under a CSC zoning classification an Automobile Service Station is allowed as a conditional use where service bays are provided for "minor repairs and service only" and are "designed to serve adjoining residents." The City Code defines Automobile Repair - Minor as follows: "The replacement of any part or repair of any part which does not require removal of the engine head or pan,engine transmission or differential;incidental body and fender work, minor painting and upholstering service. Above stated is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross weight." The City Code defines Automobile Repair-Major as follows: General repair,rebuilding,or reconditioning of engines,motor vehicles or trailer, including body work, framework,welding and major painting service." Therefore, the City Code dearly makes a distinction between minor repair work (such as oil changes,engine tune-ups and minor automobile maintenance work)and major repair work,(such as is involved with a body shop). Major repair work is not allowed,even with a conditional use • under the Eagan City Code in a CSC zoned area. • • II) Page 2 The major repair of motor vehicles is a permitted use in an I-1,Limited Industrial District. (See Item 2 of Subd 16A of the Eagan City Code). Auto wrecking, junk yards,used auto parts (open storage) and similar uses are a conditional use under in I-2 districts (General Industrial District). The noise, pollution and having vehicles in various states of repair parked around a body shop facility justifies the City's distinction between minor and major auto repair. In order to avoid the noise, pollution and aesthetic unpleasantries associated with automotive body shops, such businesses are to be located in Industrial zoned areas, not CSC zoned areas. Federal land Company feels that the City should not grant a conditional use permit for a body shop and that the zoning code does not allow a body shop,as either a permitted or conditional use, in a CSC zoned area. The location of the Auto Mall is at one of the entrances to the Town centre 70 area and should be operated and maintained in a manner which will be condusive to the retail oriented nature of this area. A body shop is not compatible to the retail oriented businesses in the area. Therefore, Federal land Company requests that the conditional use permit for the Eagan Auto Mall be denied. h24aL' erely, 6104 I , Martin F. Colon 0 MFC/lds • • . /f7 APR 29 '92 13:20 SEVERSON,W I LCOX & SFfLDON 300 PO4 Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 28, 1992 CONDITIONAL USE PERMIT HAG1iAN AUTO MALL PARTNERSHIP Chairman Voraaek opened the next public hearing of the evening regarding a Conditional Use Permit to allow an automobile service station in a CSC (Community Shopping Center) district on Lot 1, Block 1, Town Centre 70 Sixth Addition located along Town Centre Drive in the NW 1/4 of Section 15. City Planner Sturm stated that with the original preliminary plat the Itii4i 4-DE Lies auLu mall was Lu vrcaLe a shopping center image instead of a service garage. He stated that ABRA has two locations in Ragan - one on Town Centre Drive that provides estimates and claims service and another on Lone Oak Road that does the actual repair work. Mr. Sturm mentioned that Federal Land Company sent a letter to the City stating their opposition to the application. Doug Sailor, a representative of Midwest Management, gave the background and history of auto malls. He stated that it is inconvenient for ABRA's customers to have to go to two locations to get their vehicle repaired. Mr. Sailor commented that ABRA is different from other auto shops in that it is very clean. Jim Benson, a representative of ABRA, related the history of ABRA Autobody. He also stated that typically what will occur is that a customer will come in, get an estimate, and will schedule a time for the vehicle to be repaired. On the scheduled date, the damaged parts will be removed, replaced and painted. Mr. Benson felt that this use meets all conditions and language within the City Code. Wayne McPherson, owner of ABRA, stated that ABRA is very professional and that cleanliness reports are done every month. He felt that ABRA is a very good neighbor and has a very good reputation. He stated that ABRA deals with minor damage, not major damage. Charles Bartholdi, a representative of Federal Land Company, stated that they oppose the application because: (1) When the property was initially sold it was understood that there would be no auto shop on the premises. This application will create noise and is not compatible with a retail image. (2) This site is zoned CSC and the zoning code does not allow an auto shop on the premises. He stated that only "minor repair" is allowed and what ABRA is proposing is major repair. (3) Aesthetics. APR 29 '92 13:20 SEL. ONPWILCOX & SHELDON 300 P05 • Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 28, 1992 Steve Smith, owner of Mermaid Car Wash, stated that he is in favor of the application. mr. McPherson mentioned that they are proposing 17 bays, one of which is a painting bay. Member Griggs asked how the excess paint would be disposed of. Mr. McPherson answered that ABRA is heavily regulated by the government and that the excess paint is removed by trained people. He said that they have very little excess and that it is recyclable. Mr. McPherson further stated that ABRA has no problem with the conditions proposed and, in fact, no vehicles will be stored outside. Member Merkley requested that condition #2 be amended to not allow outdoor storage of damaged vehicles at any time. Members Graves and Miller stated that they were in favor of the application. Merkley moved, Graves seconded, the motion to approve a Conditional Use Permit to allow an automobile service station in a CSC (Community Shopping Center) district on Lot 1, Block 1, Town Centre 70 Sixth Addition located along Town Centre Drive in the NW 1/4 of Section 15, subject to the following conditions: 1. No outside storage will be allowed. 2. Damaged vehicles will not be parked outside. 3. staff shall review and approve appropriate screening measures. 4. This Conditional Use Permit shall be recorded with the Dakota County Recorder within 60 days of Council approval. 5. All applicable City Codes. All voted in favor, except Voracek who opposed. Approved 6-1. Agenda Information Memo May 5, 1992 City Council Meeting • PLANNED DEVELOPMENT AMENDMENTS/CRAY RESEARCH. J. Planned Development Amendments,Cray Research,Eliminating Approximately 21 Acres from the Laukka-Beck Planned Development and Adding it to the Cray Research Planned Development Located North of Lone Oak Road in the South 1/2 of Section 1--At its meeting of March 24, 1992, the Advisory Planning Commission considered a proposed amendment of the Laukka-Beck and Cray Planned Developments to permit a transfer of Outlot G consisting of approximately 21 acres currently owned by Laukka-Beck to Cray. The applicant is requesting that this transfer be approved by the City Council. Subsequent to approval, planned development agreements will be prepared to effect this change. In addition, the City Council has previously approved the addition of two 40 acre parcels east of the original Cray PD and adjacent to the Inver Grove Heights boundary. As noted, this 80 acre property was previously approved by the City Council but may be incorporated in the planned development agreement which also pertains to Outlot G. In any case, all the parcels will be subject to planned development agreements which will return to the Council once completed. The subject action at this time pertains only to Outlot G. For additional information with respect to this item, please refer to the upplemental fCo unity Development Department staff report which is enclosed on page"3 through or your review. This also covers a copy o the resolution which would effect the transfer of Outlot G. Also enclosed on pages / S through is the original Community Development Department staff report concerning this item a'nd showing the relative location of Outlot G on the site. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny planned development agreements for Cray Research, transferring approximately 21 acres from the Laukka-Beck Planned Development and adding it to the Cray Research Planned Development located north of Lone Oak Road in the south half of Section 1 as presented. . . • 4C4� -j-d b¢ • • MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 29, 1992 RE: CRAY PLANNED DEVELOPMENT AGREEMENT The Community Development Department has been working with Ron Zamansky of Cray Research in finalizing the Planned Development Agreements to incorporate the two 40-acre parcels acquired after the construction of the existing Cray Research facility. This Agreement will tie in the conditions approved by the City Council when the zoning of the property was considered subject to drafting the Planned Development Agreement. It is anticipated that this agreement will be completed and ready for signature at the May 5 City Council meeting. Since the consideration of the rezonings of the two 40-acre parcels, Cray Research has • purchased Outlot G of the Laukka-Beck Planned Development consisting of approximately 20 acres and containing 290,000 sq. ft. for development potential. Outlot A is on the entrance road; as the focal point of Outlot G, Cray Research acquired this parcel to control the development of Outlot G. They have had a concern regarding the ten-year development condition in the Laukka-Beck Planned Development and would like a Resolution from the City Council regarding the phasing and development time frame for Outlot G. Attached is a copy of the Resolution drafted by the City and reviewed by the City Attorney's Office, as well as Cray Research, for your review and approval. If you have any questions or would like additional information, please advise. ty P Communi Develo tp.410--ent Director DCR/js Attach. S ** 200'3Stjd ie101 ** • • • 'c . B.E.sGLuTTow. • WHEREAS, a regular meeting_ of the Eagan City Council, Dakota County, Minnesota, was held on at the Eagan City Hall at 7:00 p.m., all members being present; WHEREAS, Cray Research, Inc. has purchased Outlot G of the Laukka-Beck Eagan Planned Development for development of not more than 290,000 square feet of office, office/showroom, or research/development as outlined by the Laukka-Beck PD Agreement; WHEREAS, Cray Research, Inc. has currently constructed 474,700 square feet of building for research and development purposes on the property adjoining Outlot G; WHEREAS, Cray Research, Inc. has requested that the development of Outlot G under the '•Laukka-Beck PD Agreement be considered as having been complied with as a result of the exist- ing Cray Research, Inc. development; : • NOW THEREFORE, pursuant to the direction of Council, upon the motion of , seconded by . , be it RESOLVED that the City of Eagan has determined that the development of Outlot G is hereby deemed to have been established as having complied with the development requirements of the Laukka-Beck ::.PD Agreement without the necessity of additional development. and without limiting or restricting the development of Outlot: G. Dated: CITY COUNCIL CITY OF EAGAN • ATTEST: • By: E. J. VanOverbeke, City Clerk Thomas A. Egan, Mayor RAZdoc606 • • '7 "71// 200'30tid ldNOI SS3d0ad A)ISNtiWeZ Woad 40:V1 26. 06 adti • SUBJECT: PLANNED DEVELOPMENT AMENDMENT--- APPLICANT: CRAY RESEARCH INC • LOCATION: S 1/2 SECTION 1 EXISTING ZONING: (PD) PLANNED DEVELOPMENT DATE OF PUBLIC HEARING: MARCH 24, 1992 DATE OF REPORT: MARCH 17, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting Planned Development Amendments of approximately 20.9 acres within the Laukka Beck Eagan and Cray Research Inc. Planned Developments. Cray Research is in the process of acquiring Outlot G from Wachovia Development and combining it with their property along the north side of Lone Oak Road. The 452 acre Laukka Beck Eagan Planned Development was approved in 1985 for a combination of uses including office, office/showroom,research and development, and retail. There are four major land owners—Cray Research - 116 acres, Northwest Airlines- 156 acres,and the remaining area split between Wachovia Development and Laukka Beck. Total square footage approved for that area is 3, 141,000 sq. ft. with an additional 1,000,000 sq. ft. between the years 2005 and 2020. Outlot G is allowed up to 290,000 sq. ft. of buildable area, but no retail. The existing Cray buildings contain approximately 480,000 sq. ft. In 1989, Cray Research obtained the 40 acres to the east that abut Inver Grove Heights and was rezoned from R-4 (Multiple) to a Planned Development District. Cray Research also obtained the 40 acres north of that property and the City approved rezoning from Single Family to Planned Development in November 1991. One Planned Development Agreement will encompass that entire 80 acres. • 7 • • FINANCIAL OBLIGATION - Cray Research Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. • Improvement Use Rate Quantity Amount No financial obligation is imposed as a condition of the planned development amendment. • • • • • • . 7? • 11 . — , S , . � ,4; Sl HJLJH ' ---f � ., 63n, _ , y, • T 'p;_'I - I I. J �' N SO ` 1 -T—�; f .r _ Z f:: W .- 1 A 00 Y Z : ::::: •• + Q\ :: • • • • ..- - . • ••. •• • • - • :I•1 .„• .., • I 41. it.*:•'..• . I ::e:‘ .000) 1 I 1 s, . •-••-t.' • 4 ; I i i .••• ' C. -.• i fi .• . . , ..--..-: ■ . • I-- ,....:idt:5t...., ......: ; •-•.... / .. ••••1 ill. 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''•, : '.',,r. ., I S, i I sm - lq; I ' ( I;;i :1• / t. r5 s•C 11 i- e° ":„ ...,.. ! ea e 1 h VI i. • h k ) . e.a. „ i , • - 140 y ti .i - .0 . '.'•••'. il -----1; t; I. • 7 •• .., ..m.• -.a_ n . • 1. , , 11 g II i : g - . .••••• .....az•-• • t•-.. .........----- . ic.,... . . .. I ..112...,..i..--.., ..•-- -------„,. . %r-Tirrri---Thu cir---..-.--....., 1-":"..'".. •••••:,'N "Sir 4.4.4.- • 11 0 ..- •I. . •! . • • • • 1 I 1 , a• . • 1 I 1 ' • . .••■•'!'. ' • e e , • . . .00'4...7• /c1.6) EAGAN ADVISORY PLANNING COMMISSION MINUTES MARCH 24, 1992 • CRAY RESEARCH, INC. PLANNED =MOMENT AMENDMENT Chairman Voracek opened the last public hearing of the evening regarding Planned Development Amendments eliminating approximately 21 acres from the Laukka Beck Planned Development and adding it to the Cray Research Planned Development located north of Lone Oak Road in the south one-half of Section 1. Community Development Director Runkle discussed the background of this application. Ron Zamansky, attorney for Cray Research, stated that 'he was available to answer any questions. He mentioned that this application • is an additional investment in Eagan and appreciates the great relationship Cray Research has with the City. Graves moved, Miller seconded, the motion to approve Planned Development Amendments eliminating approximately 21 acres from the Laukka Beck Planned Development and adding it to the Cray Research •planned Development located north of Lone Oak Road in the south ne-half of Section 1. All present voted in favor. . • • 110 . • • /??• 3830 PILOT KNOB ROAD CITY OF EAGAN 681-4600 EAGAN, MN 55122-1897 APPLICATION FOR LICENSE I, /0414 SiaCi herebymake application for /QbacCo / (name) produc,4s License for the year 92_ from the City of Eagan. OWNER: 4a r ( SCl?OwhCl� ADDRESS: /76Z. 72,74,01.S 7r4+ CITY: STATE: 4 ' , ZIP: 55--/2Z BUSINESS dd NAME: 7D, /( 5-4c ADDRESS: 395'0 •,-S-)Z/y brit t /4 CITY: , op,,,/ STATE: !4 • ZIP: 5-,572 TELEPHONE NUMBER: y5 Si- oZ G g Municipalities presently licensed: „__54_71e Municipalities which have denied licenses to applicant: /Jpj, ,L SCHEDULE OF FEES AND REQUIREMENTS: CHECK CORRECT BLANK 1. PLUMBING & CESSPOOL INSTALLER & NO CHARGE OUTSIDE SEWER & WATER CONNECTIONS Master Plumbers Certificate State Dept. of Health Bond & Insurance Certificate 2 . WATER SOFTENER LICENSE NO CHARGE Requirements same as Plumbers 3 . WELL DRILLERS LICENSE NO CHARGE Requirements same as Plumbers 4 . X CIGARETTE LICENSE $40. 00 per vending machine or over-the-counter Check appropriate response: vending machine sales No. of machines x over-the-counter sales MAKE CHECK PAYABLE TO: CITY OF EAGAN. Licenses are issued for a Calendar year period (Jan. -Dec. ) and there is NO PRORATED FEE on any license. Licenses will be issued to individuals or firms who are qualified for the particular license applied for. Failure to provide true and correct information shall constitute a violation of the ordinance in question and in addition to penalities, the license of any applicant may be revoked. OFFICE USE ONLY: LICENSE NO. DATE ISSUED: 12 . 91 • FOR BOARD USE ONLY LG214 (7/28/91) BASE# PP# FEE Minnesota Lawful Gambling CHECK Premises Permit Application - Part 1 of 2 DATE : -..:.;...... .. .v:::L:vi iii:i:�i:.�::::......:::v::::v:::::is is,.......::v:{•i:!:. .. 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Class of premises permit Renewal (check one) Organization base license number B-03292 ❑ A($400) Pull-tabs,tipboards,paddlewheels,raffles,bingo Premises permit number © B($250) Pull-tabs,tipboards,paddlewheels,raffles C New ❑ C($200) Bingo only [] D($150) Raffles only ,_ ,. -:.�:: :.::i::.ii.::.:':•:Y!i;::;:'vii:.!.:.... ::.� i.u.. !fix{!x:��!:y'!:1:�<::#v'�:v... :ii:t!i:::i•:n•::'.•i:!•i:•:!-iiiti^i:fi .::. ............. . ........... .. .......... . ......... Name of Organization Minnesota Valley Humane Society Business Address of Organization-Street or P.O Box(Do not use the address of your gambling manager) 1313 East Hwy 13 City State Zip Code County Daytime phone number Burnsville MN 55337 Dakota 612 ) 894-5000 Name of chief executive officer(cannot be your gambling manager) Tide Daytime phone number Jacki Virginia Zschokke President 612 )626-6023 Bingo Occasions If applying for a class A or C permit, fill in days and beginning & ending hours of bingo occasions: No more than seven bingo occasions may be conducted by your organization per week. Day Beginning/Ending Hours Day Beginning/Ending Hours Day Beginning/Ending Hours to to to to to • to to If bingo will not be conducted,check here Ezi :Gambling>;Premises Information Name of establishment where gambling will be conducted Street Address(do not use a post office box number) LaFonda De Los Lobos 3665 Sibley Memorial Hwy Eagan MN 55122 Is the premises located within city limits? [] Yes =No If no,is township =organized 11 unorganized p unincorporated City and County where gambling premises is located OR Township and County where gambling premises is located it outside of city limits Eagan Dakota Name and address of legal owner of premises City State Zip Code Otis Trujillo 1860 South Pointe Terrace Eagan MN 55122 Does your organization own the building where the gambling will be conducted? p YES Et3 NO If no,attach the following: • a copy of the lease(form LG202)with terms for at least one year. • a copy of a sketch of the floor plan with dimensions,showing what portion is being leased. A lease and sketch are not required for Class D applications. Address of`'`sto a f3 ace of amblin a ui Ment` matv�a PO boxt4tsmbet .. .. . ...... ... Address City State Zip code 2000 Old County Road 34th Place Burnsville MN 55337 Minnesota Lawful Gambling `o�, • Premise Permit Application - Part 2 of 2 t :. i^j ,`<N :4 y r, r .Q I :: it 4J r- f r r r rSrr< .. r rnbtin■ Bank Account>T Orin On Bank Na Bank Account Number 003585 2 American _Bank of Burns_vi l le Cae lip Code Bank Address ry 035 vi 1l e ft 55337 301 Burnsville Parkway Burns S ' � -- _ �r a i0 , Y Name,adksad 9s cpesna pratd osn L.**a�i_ e y. -, ' Orgarrrzatrcxt •trgastxariay not handle gsmbiit4 funds o Name Address Title Jacqueline Zschokke 119 Chaperrel Drive Apple Valley President Trudi Johnson-Richards 3295 Victoria Street Shoreview Secretary Charles Peck DVM 13740 Nicollet Ave. Burnsville Board of Directors Acknowledgement Gambling Site Authorization -I am the chief executive officer of the organization; 1 hereby consent that local law enforcement officers,the •I assume full responsibility for the fair and lawful opera-- board or agents of the board,or the commissioner of lion of all activities to be conducted; revenue or public safety,or agents of the commissioners. •I will familiarize myself with the laws of Minnesota may enter the premises to enforce the law. governing lawful gambling and rules of the board and Bank Records Infar=uatioa agree,if licensed,to abide by those laws and rules, The board is authorized to inspect the bank records of the including amendments to them; gambling account whenever necessary to fulfill •any changes In application information will be submitted requirements of current gambling rules and law. to the board and local unit of government within 10 days Oath of the change;and I declare that: •1 understand that failure to provide required information •I have read this application and all information submitted or providing false or misleading information may result in to the board is true,accurate and complete; the denial or revocation of the license. •au other required information has been fully disclosed; Signature of chief exectmive officer Date ' yes-e`,-Q '�t�-44 //c.z2...1?2_ a Govern erzt Acknowie gemert 4. A coov of the local unit of Governments resolution ao- 1. The city*must sign this application if the gambling pram- provina this aoolication must be attached to this application. ises is located within city limits. 5. if this appIic ti_nis denied by the local unit of government, 2. The county**AND township"must sign this application if it should not be submitted to the Gambling Control Board. the gambling premises is located within a township. 3. The local unit government(city or county)must pass a Township: By signature below,the township acknowledges resolution specifically approving or denying this application. that the organization is applying for a premises permit within township limits. City' or County" Township" • City or County Name Township Name Ci t Y o-F EA Gt1-IJ Sig -,ture of parse receiving application Signature of person receiving application Date Received /ice r , 'Or Data Received Tide `- Tide r Ad thin. 455r f Refer to the instructions for required attachments. Mail to: Gambling Control Board Rosewood Plaza South,3rd Floor i 1711 W.County Road B LG214(Part 2) RoawUle,SAN 55113 (Rw,7l2'Gt) (F MINUTES OP'A.REGUL�R'M T G OF THE WAN— CITY COUNC : ;:)Egan,Minnesota :.i!lpril 21,1992 A regular meeting of the Eagan City Council.was held on Tuesday, April 21, 1992, at the Eagan Municipal Center. Present were Mayor Egan and Counalmembers Wachter,Awada, McCrea, and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Toni Colbert, and City Attorney James Sheldon. City Administrator Hedges noted a change;Ito the ago* and Administrative Agenda, Item 1, Ratification, Meghan's Addition Denial Resolnt1oggi' ' be*:addross•• as Item J of the Consent Agenda. Pawlenty moved,Wachter seconded,a motion to approve the agenda for the April 21,1992,regular City Council meeting as amended. Aye: 5 Nay: 0 Councilmember Pawlenty recommended' :.109'wing,addition to the minutes of the April 9, 1992, regular City Council meeting: Page 7, Paragraph 7, Sentence 3,add the iwor l"4.r.:$fit:the'words,"The Council also believed that" • Pawlenty moved,Wachter seconded44iiiitkai to approve the minutes of the April 9,1992,regular City Council meeting as amended. Aye: 5 Nay 0 ............................. .r.:.v ::..:...r..v:\vvY::::Y;;vki•.v.•iS:t.•.+::.•.....r.r.:Yi:.•/rrkhrr. iv .v:::::..rx. City Administrator Hedges introduc :,s ......#.s tthe Dakota Alliance for Prevention(DAP) who in turn introduced Mary Montagne,Cheracati&ilifi'dtiiiiraiiiiiiii for Dakota County's Community Services.•Ms. Montagne gave a brief overview of The Dakota:i fiance fpi*:;prevention and the five-year community partnership grant that provided its funding. She closed ith a request for nominees to represent the City on the Alliance. In answer to questions, Ms. Montagne said the Alliance would meet approximately once a month; however, members would probably be involved in additional committee work. She said where and when the meetings would take place would be at the discretion of the members. In addition,Ms. Montagne said every effort was being made to include minority representation on the DA?. The Council will present nominations for the Alliance at the May 5, 1992, regular City Council meetineilEiiiii A. Personnel Items Item 1. Community Service Officer/Police Department—It was recommended that the hiring of • Khamtanh Don Siouthi as a Community Service Officer be approved. • • Page 2/EAGAN CITY COUNCIL MINUT April 21, 1992 Item 2. Seasonal Park Maintenance Wor1ter-4t: tgCtimmended that the hiring of Xenneth Cooley as a seasonal park maintenance worker be approved:' :"' B. Set May 30. 1992. as Date for public Auction of Surplus Property It was recommended that the public auctii*1 t_swpku:gxoperty be set for May 30,1992, at 10:00 a.m. as presented. C. Project 633. Receive Petition/Order Feasib ity Report(Great Oaks Addition-Streets & Utilities) • It was recommended that the petition•be.rec w d�*ad,tho paration authorized of a feasibility report, plans and specifications for Project 633 (Greet:0akS:Addiyit it ` eets and Utilities). D. Project 631. Receive Feasibility Report/Order Public Hearing (Lone Oak Road) and Eagandale Boulevard - Signalization and Intersection Improvements It was recommended that the feasibility report for Project 631 (Lone Oak Road and Eagandale Boulevard - Signalization and Intersection be received and a public hearing scheduled for May 20, 1992. • • E. Project 607,Approve Cost Participation:and Traffic Signal Agreements for Dakota County Contract 30-06. Diffley Road It was recommended that the cost traffic signal agreements for County Contract 30-06, Project 607(Diffley Road Reconstruction)be'approved and the Mayor and City Clerk authorized to execute all related documents. F. Contract 91-06. Approve Plans and Specifications/Authorize Advertisement for Bids (Eagandale Industrial Park 3rd and 4th Additions - Overlay) It was recommended that the plans fai'Cbfitf ict92 (Eagandale Industrial Park 3rd and 4th Additions - Overlay) be approved and the advertisement for a bid::opening authorized to be held at 10:30 a.m. on Friday, • May 15, 1992. G. Project 623.Receive Feasibility Report/Order'Publis l ring(Johnny Cake Ridge road-Overlay) It was recommended that the feasibility report for Project 623(Johnny Cake Ridge Road-Overlay)be received and a public hearing scheduled to be held on May 20, 1992. H. Contract.92-05. approve Plans and Specifications.Ai j}rite Advertisement for Bids (Woodlands North 2nd Addition.Wilderness Ponds & Yankee Doodle Road);:.:.;: • It was recommended that the plans?a*4:: ': tki1s5:toi=:Contract 92-05 (Woodlands North 2nd, ice... . Wilderness Ponds & Yankee Doodle Road)be''appYoved'iii a i fvertisement for bid opening authorized to be held at 10:00 a.m. on Friday, May 15, 1992. I. Final Plat. Woodlands North 2nd Addition It was recommended that the final plat for Woodlands North 2nd Addition be approved as presented. • • Page 3/EAGAN CITY COUNCIL MINUTES April 21, 1992 •••• J. Ratification. Meghan's Addition De**nial::000iit•4::::::'' It was recommended that the ratification of the Meghan's Addition denial resolution be continued to the May 5, 1992, regular City Council meeting. • Wachter moved, Pawlenty.seconded;:iiiiiiii•ii0iiiiiiiitii**Consent Agenda as presented with the addition of Item J. Aye: 5 Nay: 0 smovoisztria•:•;•;•.-• ••...•.•...•.•• ••........... • COUNTY CONTRACT 30-0.61Dit'FLEY ROAD • Mayor Egan introduced this item as Project 607,Plans for County Contract 30-06(Diffley Road). City Administrator Hedges said that the City had been working with Anthony Caponi in regard to an art park and the Diffley Road construction. He said a meeting had been held in the field with City and County staff and Mr. Caponi regarding a pedestrian underpass an#;i!Otaiiiing wall being considered for construction with the Diffley Road improvements. ••• ..........•••• Mr.Caponi first addressed an issue raised*staff correspondence regarding solicitations for the art park from potential benefactors He said benefactors could llaye:1"e'etiickiitifiixl for the art park but because it was to be a joint effort, he believed it presumptuous..04.041X4';;Miti's own without City input. He went on to say he appreciated what had been achieved so fartiO**;'did not appreciate that the art park would be designed by the reconstruction of Diffley Road. :::••••• Dave Everds,Dakota County Highway Engineer,said that the County Board of Commissioners had met and tentatively agreed to an amount of$64,200 in easement acquisition costs to be paid to Mr. Caponi. Mr. Caponi's appraisal differs in the amount of the easement taking,quoting$75,000 plus severance damages in the amount of$100,000. It is his intention to atiOY.A1'.4044:*oppolo the retaining wall. Discussion then turned to the improvement. M4gverds went on to say that the design of Diffley Road is complete with the exception of the retaining wall and*tunnel a*Eciated with the Caponi property. Director • of Parks and Recreation, Ken Vraa, noted different affMies are.:*ng explored for the retaining wall and a contractor has been asked to look at and design a wall wifh Mr.C*ni. Costs are unknown at this time Mr. Everds said perhaps the tunnel could be included with the project now and a 21 slope built with the retaining wall to come later. He said the disturbance to the hill would be the same no matter when the retaining wall was built. There was some question as to whether a retaining wall was even necessary but the Council agreed that a decision on the tunnel would have to be made. After further discussion, Awada moved, Wachter secokdi a motion to approve the plans and specifications for Project 607/County Contract...*0...(Diffig...0ad Reconstruction) with no allocation or direction regarding retaining walls but the':gfif:::***iiigiii:tkiiiare an agreement between the City and Anthony Caponi relative to covenants and ellaitiiikatietbiatiikiiiiitof a tunnel and a trailway which will align with a tunnel. Aye: 5 Nay 0 • :•:•:•:•:: A question then arose as to funding for the tunnel. MaYelf Egan said it was his understanding that if a tunnel were built, the funds Mr. Caponi received from acquisition costs would be applied to the tunnel Mr. Caponi said it was his intention to apply those funds to the building of a retaining wall. He said the Council was taking the money from the wrong place and that the tunnel's cost could be justified as an expense of the Major • • Page 4/EAGAN CITY COUNCIL MWUT : April 21, 1992 • Street or Park Site Development funds. Mayor Egan tgt, : f:itwas up to the City Council to make a decision that was prudent and responsible for the entire City and while the Council supported the project, he believed Mr. Caponi had to commit the use of the funds for either project so the issue could be resolved. Mr. Caponi asked that the Council not earmark the money for a specific purpose and decide only whether the tunnel should be built. There was some discussion about whe Eer'tlie'mn t •t&ii]4:be held in abeyance until Mr.Capon could decide how he wanted the money used but it was po*e.d out that :the project could not go forward until a decision had been made on the inclusion of the tunnel,;Director of public Works Colbert said a delay in the decision would delay the project. McCrea moved,Awada seconded,a iitotio 'that on a City Council determination that a tunnel �, �, �; tom:.`.•: ty would provide a community wide benefit connecting two large community parks,would authorize 50% of the cost of constructing a tunnel under Diffley Road adjacent to the Caponi property with the understanding that Mr. Anthony Caponi will agree to fund the.other 50% of the cost for the tunnel construction with money he receives from Dakota County for easement and severance damage to his property for the proposed road reconstruction. It was further concluded that.the cost participation agreement must be ratified no later than Friday,April 24,as presented or the tunnel'would:not be included as a part of the Diffley Road improvements. • Mayor Egan said he could not support the.motion::as:Iie:bad wanted something more definitive once and for all Aye: 4 Nay 1 (Egan) CONDITIONAL USE PERMIT/MITI DISPOSAL Mayor Egan introduced this item as a Conditional Use Permit for Nitti Disposal,Inc.,to allow outdoor storage in an LI (Light Industrial) District ork.Lot.8,!Jock 1, Sibley Terminal Industrial Park located west of Highway 13, north of Yankee Doodle Road:.*:$E:1/4: :eC 8• Mayor Egan indicated that there was a request to continue indefinitely. Councilmember Wachter asked how long the:applicant:ilk been operating at the above location. Director of Community Development Runkle said thef!: d been::operating since December but had not yet received the necessary permits from the State or County.'He said 44 were meeting with the applicant on April 22 in an attempt to resolve the issues. Councilmember Wachter asked staff to review the operation to insure the applicant was in conformance with all City ordinances. " Wachter moved, McCrea seconded, a motion to: 1) continue indefinitely the consideration of a conditional use permit for Nitti Disposal,Inc.,to allow outdoor striiige in an LI (Light Industrial) district and 2)directed staff to determine whether Nitti Disposal is in conforms i with all City ordinances and if not,order the operations discontinued. Aye: 5 Nay: :0:•:•::•:•::::::::::::•:•::•: ::: :::::::::: SPECIAL USE PERM '.t: U S WEST ANTENNA-LEXINGTON: tESERVIOR Mayor Egan introduced this item as a Special Use Permit, Larson & Littlejohn, PA, to allow an antenna and equipment building on,Parcel 10-02700-014-01 in the NE 1/4 of Section 27. This item was continued from the April 9, 1992, to allow staff to meet with Yvonne and Joe Krisnik about their concerns • L •••••• Page 5/EAGAN CITY COUNCIL MINUTtk. April 21, 1992 _ •:•:•:•:.. regarding the application. Director of Public Wi4:Pitikeit:.j!liitiited that a meeting had been held and the Krisnik's would not be present and were no longer ob this application. • McCrea moved, Pawlenty seconded, a motion to approve the Special Use Permit for Larson & Littlejohn,PA.to allow antennae and an equipment building on Parcel 014-01 in Section 27 and authorize the Mayor and City Clerk to execute all relatedi:pwiftill:pc:R%::::Msis Special Use Permit is subject to the following conditions: 1. Antenna groupings shall match the water tower iiedor and shall not extend above the top of the tower. ••••:•:•:: 2. The applicant shall abide bY4kiiiiiiii'agriei*iiiiiuirements. 3. No outside storage shall be permitted. 4. All applicable City Code requirements. • Aye: 5 Nay: 0 ..........••••• • • •• COMPREHENSIVE GUIDE LAN tiiiii.iiDMENT/REZONING PRELIMINARY PLI "./Ggp4;:400:ADDITION ••• • Mayor Egan introduced this iteni:::lik:ii:::tiiinprehensive Guide Plan Amendment, Great Oaks Addition/Robert Engstrom Companies,chanii the land use from D-TII(Mixed Residential,6-12 Units/Acre) to D-I (Single Family), a Rezoning of approximately 17 acres from R-4 within The Woodlands North Planned Development to R-1 (Single Family),and a Preliminary Plat consisting of 29 Lots located west of Elrene Road in the NE 1/4 of Section 14. Mayor Egan indicated that the applicant had requested a continuance to the May 5, 1992, regular City Council meeting. Pawlenty moved, Awada the May 5, 1992, regular City Council meeting the comprehensive guide plan amendment, repning andoeliminary plat for Great Oaks Addition, Robert Engstrom Company. Aye: 5 Nay 0 _..••••••• SIDEYARD SETBACK VARIANCE/NORTH SAFARI COURT Mayor Egan introduced this item as a Variance for Steph-An Homes,of r to the required 10'sideyard setback for a home located at 4875 North Safari Court,in the SVM:14 of Section 32. Director of Community Development Runkle explained the application. He noted that sevOikalternatives had been suggested,however, the applicant felt it important to keep the lineA..of.:tke.houts,9.iiis*.and wished to proceed with the variance request. Jeff LaCroix, the homeowner, said he had talked to hi#•.:At.ighbors and none were opposed to the . application. Wachter moved,McCrea seconded, a motion to approve a variance of 8 inches to the required 10 foot sideyard setback for Steph-An Homes for a home located at 4875 North Safari Court subject to the following conditions: • • Page 6/EAGAN CITY COUNCIL MINUTE$:; --- April 21, 1992 1. The building addition shall matel l iG: ilding. • • 2. No other variances shall be granted for this property. 3. All applicable City Codes shall be adhered to. Mayor Egan said he has indicated in the past that varianc are typically not granted unless there is a hardship. He said there are no topographical problems involved withffiie lot and staff had suggested alternatives. He said he could not support the application. Councilmember McCrea said that thrr;Qri l'placemp t:if the house had dictated the variance;there is no place else to go but into the setback. • Aye: 4 Nay: 1 (Egan) CONDITIONAL USE PERMITS/OUTDOOR SALES OR STORAGE MOTOR VEHICLE: .RVIcK/MOTOR FUEL SALES Mayor Egan introduced this item as a Concricional Us•e'l ermit.for Robert Zimmerman,to allow outdoor sales or storage of motorized vehicles,motor vehicle:repair.or;se ;motor fuel sales,and a pylon sign on Lot 5,Block 1, Letendre 2nd Addition, located along.tbie: ast.s sle':of'fighway 13, north of Yankee Doodle Road in the SW 1/4 of Section 9. City Administrator Nedges'read the applicant's letter withdrawing his request for a conditional use permit. After expressing their disappointment,McCrea moved,Wachter seconded,a motion to acknowledge the withdrawal of a conditional use permit application, Robert Zimmerman, for Lot 5, Block 1, Letendre 2nd Addition, and encouraged staff and the Economic Development Commission to contact the applicant. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMMENTS; CRAY RESEARCH Mayor Egan introduced this item as Planned De elopmeitti*mendments, Cray Research, eliminating approximately 21 acres from the Laukka Beck Planned Development'and adding it to the Cray Research Planned Development located north of Lone Oak Road in the South 1/2 of Section L Mayor Egan indicated the item had been requested for continuance. McCrea moved, Pawlenty seconded, a motion to contint ab the May 5, 1992, regular City Council meeting the planned development amendments for Cray Research their property located north of Lone Oak Road in the S 1/2 of Section 1. Aye: 5 Nay:.,0 FOOTING AND FOUNDATION PERMIT/ELEMI NTARY SCHOOL#17 Mayor Egan introduced this item as an application for a footings and foundation permit for ISD#196's Elementary School 17. Councilmember McCrea expressed continued frustration with#196's School Board and the inability to resolve the parking issue at Eagan High School. • Page 7/EAGAN CITY COUNCIL aitNUTI,5;S:.::•'•••••••••••• •• April 21, 1992 After additional discussion,McCrea mciiit44lyada.S.C44ii,a motion to deny the issuance of a footing and foundation permit to Independent School iiiiti14406:iiiii:Elementary School #17 with the issue to be addressed again at final plat. Aye: 5 Nay: 0 Wachter moved,Egan seconded,a mOix to approve the che4list dated April 20,1992,in the amount of$14,48135 and the checklist dated April 21, 1992,ihö amoinitiO$411,773.20. Aye: 5 Nay: 0 • • • The City Council adjourned the regular meeting to an executive session to consider attorney/client privileged information at 9:10 p.m. Those in attendance were Mayor Egan,Councihnembers Awada, McCrea, Pawlenty and Wachter, City Administrator Hedges, and City Attorney Sheldon. The executive session was adjourned at approximately 9:40 p.m. KF • CITY OF EAGAN ........•.....•••• .............•••• J. VanOverbee, City Clerk • • • :::::;:::••••• ••• 4 • • • • • • • • • 1 } MEMORANDUM TO: Jim Sheldon FROM: Annette M. Margarit DATE: April 22 , 1992 RE: Stertz v. City of Eagan; Marstad v. City of Eagan; Court File No. C6-91-8544 On September 16, 1991, the Eagan City Council adopted the final assessment roll for Project No. 592 in the area of the Wilmus Addition. According to the feasibility report, the Project involved construction of a lift station and force main from Pond BP-6 to the existing trunk storm sewer in Thomas Lake Road. The costs were assessed using an area method at a rate of . 056 per square foot for a single-family home. George Stertz and Jeanette Stertz are the owners of parcel 10-03200-050-1 and have been assessed $6, 391. 39 through Project No. 592 . Steven Marstad and Gail Marstad are the owners of parcel 10-03200-060-1 and were assessed the sum of $4 , 193 . 56 as part of Project No. 592 . Both sets of property owners have objected to the assessment and have filed an assessment appeal with the Dakota County District Court. Their case, known as George Stertz , et al . v. City of Eagan, Court File No. C6-91-8544 is set for trial on April 23 , 1992 . A tentative resolution of the case has been reached similar to that resolution approved by the City Council on February 4 , 1992 , in the Paul and Nanci Brooks case. The Brooks owned a parcel further to the west of the Marstads, parcel 10-03200-030-01. See the attached plat map. The terms of the proposed agreements in the Stertz and Marstad cases are the same as those of the Brooks case, namely, that each parcel be reassessed in a sum of $0 and that the City collect payment for the storm sewer construction upon connection of each parcel with City utilities. The rationale for these proposed settlements is similar to the rationale behind the Brooks agreement. The construction of a trunk storm sewer a considerable distance from the Stertz/Marstad parcels, as shown on the attached storm sewer layout map, will make it very difficult to substantiate any present benefit to the parcels. Neither parcel is connected to City utilities, and, therefore, connection fees are available pursuant to Chapter 3 of the Eagan City Code. The City can collect payment for the storm sewer construction at the time the parcel is hooked up to City utilities. 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WHEREAS, Appellants George Stertz and Jeanette Stertz ("Owners") are the Owners of a parcel of land in the City of Eagan with the property identification number of 10-03200-050-01 ("Subject Property") ; and WHEREAS, on September 16, 1991, Respondent City of Eagan ("City") assessed the Subject Property in the sum of $6, 391.39 for storm trunk as part of Public Improvement Project No. 592 ; and WHEREAS, Owners brought an action in District Court appealing the sum of the assessments for Project No. 592 , known as George Stertz , et al. , Court File No. C6-91-8544 ; and WHEREAS, the parties have resolved all dispute over the assessments against the Subject Property. NOW, THEREFORE, the parties do hereby agree as follows: 1. The assessment levied against the Subject Property for Project No. 592 in the sum of $6, 391. 39 shall be reassessed in the amount of $0. 2 . This settlement is made without prejudice to the City's assertion of any rights it may have in the future to claim storm sewer connection charges if and when the Subject Property connects to City utilities. The settlement is also without prejudice to the Owners' right to contest any such connection charges in the event the same were made by the City. 3 . The City shall direct the Dakota County Treasurer to recompute Owners' real estate tax statement using the new assessment figure of $0. 4 . The Owners waive Notice of Hearing and Hearing on the reassessment of the Subject Property. 5. Upon the execution of this Stipulation, the Owners shall cause this action, Court File No. C6-91-8544 to be dismissed with prejudice. CITY OF EAGAN Dated: , 1992 By: Thomas A. Egan Its: Mayor Dated: , 1992 By: E.J. VanOverbeke Its: City Clerk Dated: , 1992 George Stertz Dated: , 1992 Jeanette Stertz -2- APPROVED AS TO FORM: City Att•/ney's Office Dated: , .2/ -L APPROVED AS TO CONTENT: Department of Finance Dated: STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) On this day of , 1992, before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. • STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of , 1992 , before me a Notary Public within and for said County, personally appeared George Stertz and Jeanette Stertz, husband and wife, to me personally known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. Notary Public -3- r ORDER FOR JUDGMENT Based upon the foregoing Stipulation entered into by and between the City of Eagan and George Stertz and Jeanette Stertz; IT IS THEREFORE THE ORDER OF THE COURT THAT JUDGMENT BE ENTERED ACCORDINGLY. BY THE COURT: Dated: , 1992 JUDGE OF DISTRICT COURT I certify that the above constitutes a judgment of the court. JUDGMENT ENTERED AND FILED THIS DAY OF , 1992 . (SEAL) BY THE COURT ROGER W. SAMES DISTRICT COURT ADMINISTRATOR Deputy -4- A 1 STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT CASE TYPE: Special Assessment Appeal George Stertz , Jeanette Stertz, Court File No. C6-91-8544 Steven Marstad and Gail Marstad, Appellants, vs. STIPULATION AND ORDER CITY OF EAGAN, Dakota County, Minnesota, a municipal corporation, Respondent. WHEREAS, Appellants Steven Marstad and Gail Marstad ("Owners") are the Owners of a parcel of land in the City of Eagan with the property identification number of 10-03200-060-01 ("Subject Property") ; and WHEREAS, on September 16, 1991, Respondent City of Eagan ("City") assessed the Subject Property in the sum of $4 , 193 . 56 for storm trunk as part of Project No. 592 ; and WHEREAS, Owners brought an action in District Court appealing the sum of the assessments for Project No. 592 , known as George Stertz , et al . , Court File No. C6-91-8544 ; and WHEREAS, the parties have resolved all dispute over the assessments against the Subject Property. NOW, THEREFORE, the parties do hereby agree as follows: 1. The assessment levied against the Subject Property for Project No. 592 in the sum of $4 , 193 . 56 shall be reassessed in the amount of $0 . 2 . This settlement is made without prejudice to the City's assertion of any rights it may have in the future to claim storm sewer connection charges if and when the Subject Property connects to City utilities. The settlement is also without prejudice to the Owners' right to contest any such connection charges in the event the same were made by the City. 3 . The City shall direct the Dakota County Treasurer to recompute Owners' real estate tax statement using the new assessment figure of $0. 4 . The Owners waive Notice of Hearing and Hearing on the reassessment of the Subject Property. 5. Upon the execution of this Stipulation, the Owners shall cause this action, Court File No. C6-91-8544 to be dismissed with prejudice. CITY OF EAGAN Dated: , 1992 By: Thomas A. Egan Its: Mayor Dated: , 1992 By: E.J. VanOverbeke Its: City Clerk Dated: , 1992 Steven Marstad Dated: , 1992 Gail Marstad -2- APPROVED AS TO FORM: City Attv fley's ffice Dated: i/' ' -7 APPROVED AS TO CONTENT: Department of Finance Dated: STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) On this day of , 1992 , before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF On this day of , 1992 , before me a Notary Public within and for said County, personally appeared Steven Marstad and Gail Marstad, husband and wife, to me personally known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. Notary Public -3- ORDER FOR JUDGMENT Based upon the foregoing Stipulation entered into by and between the City of Eagan and Steven Marstad and Gail Marstad; IT IS THEREFORE THE ORDER OF THE COURT THAT JUDGMENT BE ENTERED_ ACCORDINGLY. BY THE COURT: Dated: , 1992 JUDGE OF DISTRICT COURT I certify that the above constitutes a judgment of the court. JUDGMENT ENTERED AND FILED THIS DAY OF , 1992 . (SEAL) BY THE COURT ROGER W. SAMES DISTRICT COURT ADMINISTRATOR Deputy • -4-