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12/03/1997 - City Council RegularNO AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING DECEMBER 3,1997 6:30 P.M. L ROLL CALL & PLEDGE OF ALLEGIANCE M ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS (BLUE) P' A. APPROVE Eagan Fire Department Relief Association Bylaws and Contribution Agreement V. HRA MEETING A. CONSIDER a resolution approving amendments to interest rate reduction loan with Cinnamon rRidge Limited Partnership VI. CONSENT AGENDA (PINK) P. A. PERSONNEL ITEMS B. RECOMMENDATION, Airport Relations Commission, resolution calling for the upgrade and reactivation of the Metropolitan Airports Commission ANOMS Flight Tracking System (/ C. ON -SALE LIQUOR LICENSE, Sidney's of Eagan, Inc. 3330 Pilot Knob Road P- 1'% D. TOBACCO LICENSE, Wheatstone Restaurant Group, LLC, dba Houlihan's 1294 Promenade Place p, (g E. CONTRACT 97-16, approve final payment/ authorize City maintenance, (Slater Rd. - Sidewalk ` Improvements) P (� F. CONTRACT 95-14, approve final payment/authorize City maintenance, (Clemson Drive - Street & Utility Improvements) �.� G. CONTRACT 95-FFF, acknowledge completion/authorize City maintenance, (DeLosh Addition - Street & Utility Improvements) .:�O H. CONTRACT 97-15, approve change order #3, (Mulcahy Addition - Sanitary Sewer ' Improvements) �;L$I. 1998 LICENSE RENEWALS for refuse haulers, pet shop, tree contractors, stable, paintball facility, commercial fertilizer applicators and tobacco/cigarette sales J. PROJECT 728, authorize feasibility report, (Evergreen Park - Street Improvement) .� K. PROJECT 729, authorize feasibility report, (Wilderness Run 5th & 6th - Street Improvement) ;i�kL. PROJECT 732, authorize feasibility report, (Oak Pond Road & Oak Pond Circle - Street Improvement) CONSTRUCTION/DEMOLITION DEBRIS LICENSE, for Kieger Enterprises, 1075 Harriet Lane, r Roseville N. APPROVE 1998 South Metro Drug Task Force Joint Powers Agreement r O. APPROVE resolution authorizing the refunding of the Cinnamon Ridge multi -family housing revenue bonds r� P. ROBINS ADDITION, easement vacation �JII.7.00- PUBLIC HEARINGS (SALMON) A. PROPOSED budget and property tax levy for 1998 .� B. CEDARVALE Special Services District —1998 budget and property tax levy VIII. OLD BUSINESS (ORCHID) qj, !� A. PRELIMINARY SUBDIVISION, (Pinetree Pass) consisting of 127 single family lots, located on the south side of Cliff Road, west of Walden Heights Park, and east of Covington Lane in the NE Y4 of Section 33 and a VARIANCE to the maximum 8% cul-de-sac grade e.�� B. PROJECT 700, (Hall St. & TH 3 Service Rd. - Utilities) IX. NEW BUSINESS (TAN) Polo A. CONSIDER resolution approving the 1998 City Fee Schedule 10 z B. INTERIM USE PERMIT - Northwest Airlines, to allow temporary classrooms at the Northwest P ' Aerospace Training Center, legally described as Lot 1, Block 1, Lone Oak Second Addition, located at 2600 Lone Oak Point in the NE 1/4 of Section 1 `� C. REZONING - Walter V. Nelson, from R-1 (Residential Single Family) to R-2 (Residential � Double) and VARIANCES to the lot width and lot area for property legally described as Lot 23, � Block 2, Wilderness Run 2nd Addition located at 4304 Pilot Knob Road in the NW 1/4 of Section 27 1 �$ D. PLANNED DEVELOPMENT AMENDMENT - Yocum Oil Company, to the signage and P. architectural treatments for Texaco, legally described as Lot 5, Block 1, Thomas Lake Center, located at 1579 Cliff Road in the SW 114 of Section 28 E. CONDITIONAL USE PERMIT - Enterprise Rent-A-Car, to allow automobile rental and leasing Pl on Lot 1, Block 1, Duckwood Square, located at 1340 Duckwood Drive in the NW 1/4 of Section )515 � F. I CONDITIONAL USE PERMIT -Faithful Shepherd Catholic School, to allow an elementary and middle school in a Business Park zoning district on Lots 4 and 5, Block 2, Eagandale Corporate Center, located north of Yankee Doodle Road and east of Lexington Avenue in the SW 1/4 of Section 11 G. I� ORDINANCE AMENDMENT - City of Eagan to Chapter 11 entitled, "Land Use Regulations t (Zoning)" by amending Section 11.10, Subd. 31 (D) regarding freestanding antennae and towers height and setback requirements and be adopting by reference Eagan City Code Chapter 1 and Section 11.99 X. LEGISLATIVWINTERGOVERNMENTAL AFFAIRS UPDATE (GREY) XI. ADMINISTRATIVE AGENDA (GREEN) XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. ADJOURNMENT XIV. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. Updated 11/26/97 - 9:40 a.m. MINUTES ... *EW* VL-* :.M>r�`i M. -NG OF THE :,GE31k1?iL Eagan, Minnesota::::: November 18,1997 A regular meeting of the Eagcil w4,s-M#o• on Tuesday, November 18,1997 at 6:30 p.m. at the Eagan Municipal Center. Pr e4. .Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Adniriistrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. City Administrator Hedges com i i National Courtesy Bench asking the City C bus benches in the City. Councilmember B agenda for consideration. Councilmember the December 1 deadline the Public Works. companies $50 to reclaim each bench. i. tet:5:ofiie Administrative Agenda - a request from donside f,*:;dew proposal regarding the placement of said she did not want to place this item on the suggestgd;# iat if the bus benches are not removed by t;sbbilif'remove them and charge the bench Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve the agenda, excluding National Courtesy Bench's request for consideration of their proposal. Aye: 5 Nay: 0 P[INiJTES OF THE.NOVEMBER 3,1997.REGULAR MEETING Councilmember Awada requested'fltti Q;;:e:� the first sentence in the third paragraph should be revised as follows, "Councilmember Awada said`tfi0: * "`agreed with Mayor Egan that adopting the livable community guidelines is more favorable than the olltaroposed legislative alternatives, but she added that she would be voting against this l :a$:.'sl e:d 01&t year." Councilmember Awada mov( minutes as amended. Aye: 5 Nay: 0 Blomquist seconded a motion to approve the WgUTES OF THE NOVEMBER 3,1997 SPECIAL MEETING Councilmember Wachter moved;.C.puw#tnember Blomquist seconded a motion to approve the minutes as presented. Aye: 5 Nay: TICS wOFT OCTO$ R 38, I9 ;SPECIAL MEETING Councilmember Masin requested that on Vitge 2 the AAr4 sentence should be revised as follows, "... not focused on whether the training room is necessary, i;i?*ivhether the room should be used as a television production area." Councilmember Wachter requested that on page 5 in the third sentence of the last paragraph, the word she should be changed to he. Councilmember Wachter moved,. Councilmember B16inquist seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 In regard to Item A 8 Personnel Items - Delete Affiriitative Action LanguagelCity of Eagan Personnel Policy, Councilmember Masin stated that she did not support the removal of language in the Personnel Policy relating to affirmative action and said she would be voting against this item. EAGAN CM COUNCIL MEETING MINUTES; NOVEMBER 18, 1997 PAGE 2 In regard to C, Tobacco license, j�aa Wazwaz to sell tobacco products at Tobacco, Etc. at 1430 Yankee Doodle Road, Councilmember M" said that son*..0 . iembers of the Council have been sensitive to the amount of tobacco being sold in the 1Z .q.:ftd.she: ed that she would like to see more restraints placed on the sale of these products, ier stated that he would be voting against this item. City Administrator Hedges noted that at the last Dakota County Manager's meeting it was the consensus of the managers that Dakota County be given an opportunity to work on a tobacco ordinance similar to the curfew ordinance that was adopted County -wide. He further added that collaborative efforts are being undertaken with regard to tobacco sales. In regard to Item E, A=rove class" iAX'i0:':A9kd 12roREM, Councilmember Wachter asked for specific information relating to each of fWparcels i�6$e acquired. City Administrator Hedges stated that he would provide a memo to the CoupW.supplying.the information. In regard to Items F and G, Commission, MAC 1998-2004 Capital ftnRrovements Program comments, Councilmember Blomquist asked if Northwest Airlines had been given an opportunity to comment on these items. Assistant to the City Administrator Hohenstein stated that at least three individuals from Northwest receive the Airport Relations Commission's agendas. He added that one individual from the company called and stated they were satisfied with the recommendatio made with regard to Item F and no comment was provided regarding Item G. Councilmember Wachter asked for chixificati6ii:6ri"ftm G relating to funding for Runway 17/35. Assistant to the City Administrator Hohenste`i v pro explanation. reportj order 2ublic hearing (Oak Chase In regard to Item N, Protect 7 %.-� Additions - Street Rehabilitation), Couii�*�ember Blomquist indicated she would be abstaining from voting on this item because it involves her neighborhood, Councilmember Masin asked about the lack of historical records pertaining to the original construction of the street. A. Personnel Items -u r. 6:Vd6ffldn of part-time Clerical II/ Receptionist in Item 1. To approve the hiring of Deboi"Ab" the Police Department. Item 2. It was recommended to approve the hiring'-dd a pers.6*to be recommended as a part-time Clerical II/Receptiortist in the Municipal Center. Item 3, It was recommended to approve the hiring of a person to be recommended as a part-time Clerical III in the Police Department. Item 4. It was recommended to approve the hiring of Cryst*l-.Stevenson as a part-time seasonal Concession Worker at the Eagan Civic Arena. Vk: b M11 ....fKrueger as a part-time seasonal Skating Item 5. It was recommended toappro .... Pro at the Eagan Civic Arena. Item 6. It was recommended to accept the resignation of Jo i Term from his position as a Forestry/Park Maintenance Worker. Item 7. It was recommended to approve the hiring of Dave Downs as a part-time seasonal Park Maintenance Worker. EAGAN CrrY COUNCIL MEFnNG MINUTES; NOVEMBER 18, 1997 PAGE 3 Item 8. It was recommended to delete ai(':xeference in the CityQf Eagan personnel policy referring to affirmative action. (Councilmember Masin--opposed) B. Liquor license renewals. It was recomriieitt#; a app o:the 1998 liquor license renewals, as attached in Exhibit A, subject to review and recommeridii4i;i+ Police Department, payment of fees and submittal of required documents. C. Tobacco license, Laila Wazwaz to sell tobacco products at Tobacco, Etc. at 1430 Yankee Doodle Road. It was recommended to approve a tobacco sales license for Tobacco Etc. located at 1430 Yankee Doodle Road. (Councilmember Wachter ovvosedi::::::: ' ::::::':, D. Amendment to Toint Powers Agreement betwg6VQakota C&nty and the Cily of Eagan for 1998 Landfill Abatement Funds. It was recommended ta-gpprove an.amendment to the Joint Powers Agreement between Dakota County and the Cit ..:o(:Bagan fpr: #998 landfill abatement funds as presented. E. Approve classification of tax forfeited:prvperty. It w—ais.i commended to declare the following parcels as having public purpose and to request acquisition of those parcels: #2 10-03000-013-76 #5 10-13700-030-01 #9 10-28700-040-00 #10 10-47275-010-00 It was recommended to declare the following:parceLs'as:ndh;-conservation land: #1 10-02900-020-05 #3 10-03200-011-27 #4 10-03600-010-08 #6 10-13800-010-00 #7 10-14300-062-00 #8 10-14992-050-01 F. Recommendation, Airport Relations:Cor =i js quest -far variance to FAA Standards, l5 Deg Sevaration requirements. It was recomatet►ii :'W '41ori :copperation with other Dakota County cities in a request for a variance to FAA standards req uing 15 compass degrees separations for parallel runway operations. G. Recommendation, AiMort Relations Commissift MAC 3 2004 Capital improvements Program comments. It was recommended to approve a recommendation by the Airport Relations Commission for comments concerning the MAC 1998-2004 Capital Improvements Program as presented. H. Vacate drainage & utilily easement Verdant Acres. It was recommended to approve the vacation of drainage and utility easements within Verdant Acres and authorize the Mayor and City Clerk to execute all related documents. I. Final Subdivision Ken Greene for V ate a 0commended to approve a Final Subdivision (Verdant Hills) for 11 lots on 6.32 acres Ttif?abi idid 'est of:%V'cy&fi"d Court, east of Wescott Hills Drive in the NE Y4 of Section 14. J. Final Subdivision, Skyline Display for Eagandale Corporate Center No. 2. It was recommended to approve a Final Subdivision for Lot 1, Block 1, Eagandale Corporate Center No. 2, consisting of approximately 39 acres located at the NE intersection of Yankee Doodle Road and Lexington Avenue. EAGAN CITY COUNCIL MEETING MINUTES, NOVEMBER 18,1997 PAGE 4 K. Extension for recording kgs Wood: extension for the recording of the Kings' intersection of Yankee Doodle Road and L. Approve joint Powers Agreement for W adopting the amendments to the Minnesota Agreements. 2nd Addition.::itvas recommended to approve a 60 -day Pond 2nd Addition Final Subdivision located at the NE zton Avenue::'::.:` :ommended to approve a proposed resolution Authority (MVTA) Bylaws and Joint Powers M. Contract 97-08 avRrove final Payment/ authorize City maintenance(Pilot Knob Road at Wescott Road -Traffic Signal Revision. It was recdeci:to:a�ZptAye the final payment for Contract 97-08 (Pilot Knob Road at Wescott Road - Traffi N""'ie isiesiisj ;iii the amount of $3,335.50 to Electric Service Company, and accept the improvement for perpe i2*1 City in' II ttenance subject to warranty provisions. N. Project 725, receive feasibility repo Rehabilitation). It was recommended I Addition - Street Reconstruction) and (Councilmember Blomquist abstained) sport for Project 725 (Oak Chase 15t - 6th be held on December 16,1997. O. Contract 97-05, aRRrove final paN went/authorize City maintenance, (Deerwood Drive Reservoir - Trunk Watermain Improvements). It was recommended to approve the final payment for Contract 97-05 (Deerwood Reservoir - Trunk Water Motin Improvements) in the amount of $20,766.60 to Widmer, Inc., and accept the improvement for perpettia�:itg.inaintenance subject to warranty provisions. P. Final Plat UPS 2nd Add., United Parcel Service. ' Ii'1a�,s:riecommended to approve a Final Plat for UPS 2nd Addition. Q. Final Subdivision, Fox Forest AdditiRiiih tad It was recommended to approve the Final Subdivision for Fox Forest Addition. R. ARRrove 1997/1998 D.A.R.E. and Police Liaison Services Agreement - School District 196. It was recommended to approve the D.A.R.E. and Police Liaison Agreement for School District #196 and the City of Eagan. S. Contract 96-12, approve final pavmeititJ:atlioiie C?,ty:ia,jtenance, (Eagan Promenade area improvements). It was recommended to approve:#he final payment for Contract 96-12 (Eagan Promenade Area - Northwoods Drive - Street and Utility Imlti'bvements):in the amount of $37,455.31 to McNamara Contracting, Inc., and accept the improvement fox.rpetualb" maintenance subject to warranty provisions. T. Contract 96-16, approve final payMent/authorize City maintenance (Biscayne Avenue TH.3 Service Drive & Hall St. - Street & Utility Improvements). It was recommended to approve the final payment for Contract 96-16 (Biscayne Avenue, Trunk Highway 3 Service Road, and Hall Street - Street and Utility Improvements) in the amount of $39,340.32 to Ryan Contraetim Inc., and accept the improvement for perpetual City maintenance subject to warranty provisions..;:;:: U. Project 707, avprove MnDOT Traffkpl '''' :4- :'.Re149 and Lone Oak Parkway). It was recommended to approve the Cost Par8d0ii1": & 144ai itei ite Agreement with MnDOT for Project 707 (Hwy.149 & Lone Oak Parkway - Signal) and authorize the.•Mayor and City Clerk to execute all related documents. V. Final Subdivision for Honey Tree 15S Add. & Final Planned Develol2ment for Lot 2 Block 1 Honey Tree 18t Add. It was recommended to approve a Final Subdivision to create two lots on 4.83 acres north of Cliff Road, west of Nicols Road and east of Hwy. 77 and it was recommended to approve a Final Planned EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18,1997 PAGE 5 XX Development for a 104 -room four story 1sO I on Lot 1, Block 1; honey Tree 161 Addition north of Cliff Road on Erin Drive between Nicols Road ;,and Hwy. 77. Councilmember Wachter moved ,C......�l...... •': tsin seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 LhIIir1INIS TRMM AGENDA CONSTRUCTION/DEBRIS HAULER LICENSE Councilmember Awada moved, 'Cviiiici#.i�ikber Wa r seconded a motion to approve a construction/ demolition debris hauling license foi:�i ckingh iPisposal, Inc. for the remainder of 1997. Aye: 5 Nay: 0 MULTIPLE DWEL7E T�RC *IU HAULER LICENSE Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a multiple dwelling/ commercial hauler license for Subec Farms for the remainder of 1997. Aye: 5 Nay: 1 REQUEST FOR DONATION/ESBA BOARD City Administrator Hedges prof i;iietl::4o.overview on this item. Councilmember Masin stated that the majority of the Council was not happy:M!Mbe;super two design and she added that she would be willing to support a $1,000 donation to reta� Leoiia ,.-16 ine & Associates. Councilmembers concurred. Councilmember Blomquist stated1hat there a] businesses that are donating money as well. Councilmember Awada moved;: oiihdlmember Masin seconded a motion to approve a contribution up to $1,000 as requested by the ESBA as an appropriation for retaining Leonard Levine & Associates to approach MnDOT for the purpose of redesignating the improvement to TH 13 from a super two to a four -lane from Seneca Lane to Yankee Doodle Road. Aye: 5 Nay: 0 NOVEMBER 3, X99 -SPEC AL _C ' '�f:COUNCIL MINUTES The minutes were considered for approval;.following.the approval of the November 3,1997 regular City Council minutes. CORRESPONDENCFINAfiONAL:C jURTESY BENCH This item was not added to the City Council agenda for consideration. ECONOMIC DEVELOPMENT PARTNERSHIP City Administrator Hedges stated that Councilmeniki:: Wachter had requested this item be added to the City Council agenda for discussion regardingcdnfinued membership. Councilmember Wachter said that he does not feel that ix 019.ie s� ; ..... t #itership is as valuable to the City as it used k.•... to be. Councilmember Masin said that if Was,* er'i�eebl.leelibt� . _'at the Council was going to be very active in the partnership this year and then review the value of cotignued participation at the end of the year. Councilmember Blomquist noted that it has been difficult to:"" J i ipate in meetings of *the partnership because she typically does not receive the agendas or suppoi`dttg information on upcoming meetings until after the meeting has been held. She added that meeting locations and times are changed at the last minute. Councilmember Wachter stated that iu spite of the lack of notification the main reason for discontinuing participation is because he does not feel the City benefits as much as other organizations. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18, 1997 PAGE Councilmember Masin moved ip': scuss this item ati&'tuture work session to allow staff to provide a summary of information regar4 ing membership in the partnership. Councilmember Wachter stated that the Council has already had k sessions on t issue. The motion failed for lack of a second. Mayor Egan said that the Council needs to consider the importance of this issue. He indicated that he attended a Metro East Development Partnership meeting last week and Scott Beckman, Executive Director of the Dakota County Economic Development Partnership, gave a good presentation. He said he does not disagree with Councilmember Wachter's analysis. He added that there is no overlap between the MEDP and the DCEDP and he stated:;t#ia##k£tirae=$j ment is a service the DCEDP provides and the City should be concerned about'it i'" e� —, ..r:tritfMi7i :€ca:recruit workers for existing businesses. He said the Council should be cautious before th�:ivithdraw:Aeir membership. Councilmember Awada stated that it nid&�e ben4dil for the City to withdraw for a year. Councilmember Wachter said that he fel0 f aims ig pt�igi' ris:ace being provided by high schools, trade schools and colleges and he added that hid- riot awaii,:bf•i[iiy training program being implemented by the DCEDP. Councilmember Masin noted that she is serving on the County of the Future Committee which is part of the DCEDP's program and one thing the committee is trying to accomplish is to determine what the County will be like in the future and the types of training that will be needed. Councilmember Wachter said that might be needed for the rest of the County but not for the City of Eagan. Mayor Egan stated that he believes some ways. He suggested that the City con membership fees as is being done now. Cit reduced membership fee one year, but he n from membership in the partnership in i a limited basis paying reduced .ges explained that the City paid the e full fee was paid. Councilmember Blomquist co '":`k ited that she does not feel the City of Eagan receives any benefit from being part of the partnership and there is a lack of communication on their behalf. She said she would like to discontinue the City's membership. Councilmember Awada moved, Councilmember Wachter seconded a motion to not renew the City's membership in the Dakota Courtt'.Ecbrioc;3�.izloi>ment Partnership for 1998 and review the potential for membership at the next buNay: 2 (Mayor Egan and Councilmember Masin opposed) PUBLIg.7ARII..Id.5 CERTIFICATION OF DELINK NT UTILITIES City Administrator Hedges provided an overview on this item. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Awada moved, Councilmember Waiter seconded a motion to close the public hearing and approve certification of deliuent utility. accounts to Dakota County for collection with property taxes. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT WEED.q=. ING, FALSE ALARM AND GARBAGE PICK UP/CLkAN- UP BILLS City Administrator Hedges provided an overview on this item. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. EAGAN CITY COUNCIL MEETING MINUTES, NOVEMBER 18,1997 PAGE Councilmember Wachter moved .Councilmember M*seconded a motion to close the public hearing and approve the final assessmen4r611 for delinquent weed cutting, false alarm and garbage pick up/clean up bills and authorize its certifidWn to Dakota Coiifity. Aye: 5 Nay: 0 PROJECT 713, FINAL ASSE9511 id ##ERRING (DENMARK AVE., TIMBERSHORE ADD., PILOT KNOB 'I��7GHTS ADD. - STREET IMPROVEMENTS) City Administrator Hedges provided an overview on this item. Public Works Director Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the . -C (Ms. McCullum missed the public comment Air.- - n for th#s..earing and spoke during the public hearing for Project 714). Doris McCallum, 1251Timbershore Lane, questioned why she was being assessed for this improvement since she does not have the ability,i :iiEp any irEi�i avements to the outside of her townhome. Councilmember Awada stated tli�t ili'e'�and is:joitLy owned among all the townhome units in the association. She added that the assessments are made against her property and the City cannot assess an association for the streets. Public Works Director Colbert provided the assessment rate for each townhouse affected by this project. Councilmember Awada restated1hat of the homeowners in the association. W. -*:M pays should cover this assessment. Council homeowners incur and she reiterated that the She noted that the assessment can be paid off association dues pay for contractual services assessment is an obligation she needs to..pa commented that a public hearing was hekt�:t'r a notice. Ms. McCallum has joint ownership of the land with the rest :.CxJlum said that she thought the association dues that she eialiet:iAwada explained that these fees cover expenses the .oun&—*a0�S:nbt have the ability to assess an association. o*er a five,yearperiod. Mayor Egan said that the :6ch•:5:ir0*m'g:,Vid snow removal. He further said that the 7:ie:Citq`as a homeowner. Councilmember Awada the feasibility of the project and each homeowner was sent Councilmember Awada moved, Councilmember Masin seconded a motion to close the public hearing and approve the final assessment roll for Project 713 (Denmark Avenue, Timbershore Addition, Pilot Knob Heights Addition) and authors its.c rtlAcation•to..pakota County for collection. Aye: 4 Nay: 1 (Councilmember Blomquist oppiseij::. PROJECT 714, FINALA$SESSMMNT HEARING (DONALD AVENUE -;STREET IMPROVEMENTS) City Administrator Hedges provided an overview ort-' its item. Public Works Director Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. (Doris McCuIlum,1251Timbershore Lane, spoke during the public hearing for Project 714 due to the fact that she missed the public comment portion for the public hearing on,Prgect 713). There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Masin moved,;tttiii c ieiiiW:-Ais Wh seconded a motion to close the public hearing and approve the final assessment roll for Project 714.ponald Avenue) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 4:::(C ouncilmember Blomquist opposed) EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18,1997 PAGE PROJECT Tag; FINAL ASSES (HEINE STIt�„SSE - STREET City Administrator Hedges prov gave a staff report. Mayor Egan opened one, he turned the discussion back to the HEARING DEMENTS) this item. Public Works Director Colbert anyone wishing to speak. There being no Councilmember Wachter moved, Councilmember Masin seconded a motion to close the public hearing and approve the final assessment roll for Project 715 (Heine Strasse - Street Resurface) and authorize its certification to Dakota Co::Aye: 4 Nay: 1 (Councilmember Blomquist opposed) VACATE PUBLIC EASEMENTS, E4QANDAL•E'CORPORATE CENTER NO.2 City Administrator Hedges prox decl: ri:"fvie :o, t`# is item. Public Works Director Colbert gave a staff report. Mayor Egan opened1hii:04 iiic 1i 1 g$o anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Awada moved, Councilmember Wachter seconded a motion to close the public hearing and approve the vacation of public easements within Eagandale Corporate Center and authorize the Mayor and City Clerk to execute all.Telated documents. Aye: 5 Nay: 0 VACATE DRA LOT 34, BLOCK 2, City Administrator Hedges F gave a staff report. Mayor Egan oper one, he turned the discussion back to TY EASEMENT WOODS 2ND ADD. �i:i'this item. Public Works Director Colbert to anyone wishing to speak. There being no Councilmember Blomquist moved, Councilmember Awada seconded a motion to close the public hearing and approve the vacation of a public easement within Hawthorne Woods 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VACATE. b ' * EASEMENT LOT 1, BLOCK 1, RAHIVftM'3RD ADDITION City Administrator Hedges provided an auerview piis is item. Public Works Director Colbert gave a staff report. Mayor Egan opened the publk::'�iearing'':anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Wachter moved, Councilmember Blomquist seconded a motion to close the public hearing and approve the vacation of a public easement within Rahncliff 31d Addition and authorize the Mayor and City Clerk to execute all related documents..; Aye: 5 Nay: 0 JDLD BUSINE35' RESOLUTION RB Ac# '31<N ED PARTICIPATION IN THE LIVABLE COMMUNITIES PROGRAM City Administrator Hedges provided an overview *""n" this item. Mayor Egan noted that the City Council had discussed this item at the work session prior to the regular City Council meeting. He further noted that they had agreed to each state their position once with regard to the Livable Communities Program. EAGAN CM COUNCIL MEETING MINUTES; NOVEMBER 18, 1997 PAGE Councilmember Masin said that:,#Etis legislation was cited with the input of the cities and there is no risk to the City to participate in thispFogram, but there.will be a loss if the City chooses not to participate. She added that this will impi d:the City's imag :0d make it appear as if the City is not trying to do the right thing with regard to affordaii#eiipusing,.:ie#irther added that discontinuing participation will impact the cluster. She said*t4*r J:'—%' tined approving continued participation in the program. Councilmember Wachter stated that he appreciated the statements made by Mayor Egan at the Council's work session. He noted that the $10 million given to fiscal disparities and the $2 million given to the MWA could be used to make a v :#ivalk7ic .....t... Mayor Egan said that there was a state statue which: tiffs passed on a bi-partisan basis three years ago. He noted that Myron Orfield had spawned the history behind this statute. He further noted that Mr. Orfield is a proponent of tax -base shariF k:W sociidvo' neering. He provided background on the Municipal Legislative Commission afiii;tits;:� ss.M' 0 . n -d -:Metropolitan Communities and their position with regard to tax -base sharing: He' further prrivfdd history on the formation of the livable communities program. He noted that livable communities allows cities to determine how to spend their allocation on people in their own community in order to meet the affordable housing needs. He explained the concept of clustering that was proposed to collectively meet the housing needs of the whole County. He said that the statute incorporates the clustering principle. He further said that the past couple of years the City of Eagan has bggR:pyen an allocation that must be spent on affordable housing in order to comply with the livable commditi:ecuirements. He stated that Myron Orfield and talk of tax -base sharing have all but disappeared.% Ike sit. dL.bjsconcern that if the City withdraws from livable communities it will go against the MLj2s posAi6ii:::M added that the City will be the first and only City in Dakota County to abandon the pFtgram. d- that Eagan will come to be seen as the "bad guy." He further added that he is conceWk 04.th4.'%t: iy's withdrawal could bring about the return of Myron Orfield or someone worse. He:�eted'that he is opposed to any effort to remove the City from this program. He clarified that if tie City does withdraw the money will still be spent for housing, but the City will not be able to make the decision as to how it is spent. He said the Dakota County Housing and Redevelopment Authority will make the decision as to where the money is allocated. He noted that the City will also lose their right to participate in a number of other programs associated with the Livable Communities Program. Councilmember Awada clarified-:tl&iii`: ai ft"'b"':06finoney is given to the HRA if the City does not choose to participate in livable communities. Ei#y Administrator Hedges explained that if the City is not involved in the program then no money is recei� kd from the state. Councilmember Awada said that she has vatted agai"..this each year. She added that this is an optional program. She stated that she believes the concerns & the Mayor are real, but she said she does not believe that if Eagan withdraws from the program it will result in the return of Myron Orfield. She noted that Eagan has met, and surpassed, its own housing goals and the market place has dictated that. She said that belonging to this program gives control to a regional government that dictates what has to be built in the suburbs. She further said that the City has nQtTeceived any benefit from this program and she stated that she is opposed to continuing participation. Councilmember Blomquist stati..d--. t '*- .fief :' �e fact that Mayor Egan has spent a lot of •. time working on this issue. She noted ttit'ffie sieli'stttite'i$oes allow for a vote to oppose or affirm participation. She added that the funds may be available, but:#he City has not received any real benefit. She further added that the City met, and surpassed, its criteria:or affordable housing. She said that the market place has helped the City to reach its affordable housing goals and the City does not need to be dictated to by a regional agency. She stated that the City will not gain from this program and the Council needs to think of Eagan first. EAGAN CM COUNCIL MEETING MINUTES; NOVEMBER 18,1997 PAGE 10 Councilmember Awada movect;':C.buncilmember Bl*.4uist seconded a motion to deny a resolution to continue participation in the Metropolitan Livat& Communities Act for 1998. Aye: 3 Nay: 2 (Mayor Egan and CouncilmemWk:Masin opposed) ---,'-.- XI. CIVIC ARENA, APPROVE B :AUTHORIZE PREPARATION OF PLANS AN&SPEC'IFICATIONS City Administrator Hedges provided an overview on this item. Councilmember Masin moved, 064b`C'ft'mW.:W%tcWr seconded a motion to approve the design and estimated construction bud the Eagan Civic Arena and to approve the preparation of plans and specifications for coi*.'*'.kiction.:AVe: 5 Nay: 0 i N Esr..i REZONING, PRIM -'t -F"'V".ISION & VARIANCE LUNDGREN BROS. CONSTRUCTION - PINETREE PASS City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. He stated that three neighborhood meetings have been held and the primary concern expressed at each of them was the amount of parkland dedication. He indicated that staff received a revised subdivision plan on Novembe :ha only been able to give it a cursory review. Director of Parks and Recreation Vru..ex'pia:'�i ti::&A Lundgren's application has been before the APrC at two different meetings. He further explained lained that-th . ii request was denied both times. He noted I that the reason for denial at last night's APrC:ih'eeti00':-W0':b;k' h'use the commission did not have the opportunity to review and analyze all the -ii f iati6n.'He added that there appears to be enough parkland to meet the 10% dedication re qukehi nt; however, he said there is a concern regarding how effectively that acreage will work as a park. He noted that there is a row of trees that go down the middle of the north park and it would be difficult to develop an active element for this park without the removal of those trees. Mayor Egan stated that he was:4ppnppiTed.A� o -the tu this application an th .vt uta s of app ca on d e way it has been presented to the Council. Hegi!... firm recommendation Of Support by q: . . ....... the APC, APrC or staff and there is no consensus Axn6ng . s . t . ifi* be .... the of what should done. He further said there are many remaining issues that Coune--�Aould not have to debate and make decisions on. He asked the Council if they were ift-fivor of (tying this application or sending it back to the advisory commissions for further review. Councilmember Wachter said that he was in agreement with raising the water levels of the ponds, but he was undecided on the other outstanding issues. Councilmember Blomquist indicated she was concerned with the park and felt strongly that it should be a public park and not private. She said she was not interested in revising an applicant's plat at the Council meeting, Councilmember Awada recommended the approval of the rezoning request and wars in agreement with the two separate sections of parkland, but she did not feel the park should be of a private nature. She noted that Lundgren Bros, Construction is a good developer, but §.i .�***'**%*i%%' ' ' i *ii:- *#iat the Council should not work out the �v details of this application. Councilmeiii.-Wi& :'g .... the rezoning of the 69 acres could be approved at tonight's meeting. ... City Attorney Sheldon said that one of the major isWes before the Council is the location of the park. He added that the park will be zoned Public Facilities and once the property is rezoned as R-1 the City will lose some of its ability to require that land for park dedication. Discussion occurred regarding the most appropriate action that should be taken by the Council. Senior Planner Ridley noted that staff invoked the 60 -day extension of the agency action rule because of this issue not being consistent with the EAGAN CM COUNCIL MEETING MINUTES; NOVEMBER 18,1997 PAGE 11 Guide Plan and now the Council has un%lthe end of DecembWio act on the rezoning. He added that with regard to the timeframe on the prel*k1 nary subdivision thgre is approximately 60 days of the 120 day timeframe remaining. Terry Forbord, President of LundgreMBoict bevelopment, indicated he was handling this request on behalf of Bill Anner who has taken a position with another company. He stated that after the denial by the APC he met with Mr. Anner to get his input and then he elected to meet with staff to understand the outstanding issues. He further stated that he made a recommendation to staff on what would work for Lundgren Bros. He noted that he decided to hold another meeting with the neighbors and he understood their concern to be thi;iie ;aii:o public park area in the center. He added that this was a major concession for Lundkf& siiiceIr * itof C isistent with their development style. He said that he agreed to remove two lots in the sub di s3sion in a ... to accommodate a park in the northeast area. He stated that there has not been a consensus:itmongst,the neighbors regarding this park. He further stated that he has attempted to satisfy st.aAe neigh3i0fs and the City Council and also meet the need of Lundgren Bros. and future custoisfe`smcY:tie ication of acreage needs to be increased in the northeast, but it will be impossible top169se every6*i'k;6;:::He noted that 85% of the residents who attended the APrC meeting supported their plan. Mayor Egan asked if the remaining unresolved issues could be worked out between now and the final plat. Public Works Director Colbert said that staff assumes that will be possible. Councilmember Awada asked DirCtt;af.Parks and Recreation Vraa if the remaining issue regarding north park is whether or not it wili"iie 8tijta,#rle a&.an active park. Vraa indicated that at the neighborhood meeting they tried to generate Attendaiite:t 'residents from other areas besides the adjacent neighborhood. He added that the main concern expresse4w;as,about the preservation of the tree line. He further added that if a ballfield is constructed) .%hie:i(Q� .' :pa'rk the trees will be lost. He said that they have tried to configure some active comgchusiiito some alternative designs. He stated that the park design completed in 1982/83 depicted it mucfi more active park. Brenda Brenberg, 4714 Walden Drive, said that at last night's APrC meeting there were at least a dozen people who were in agreement with the revised plan and there was only one person who disagreed with the proposal. She added that the southern passive park and the northern active park creates diversity for the Eagan parks system. Sie s€t?A�tgly.'.eCdtx&ged approval of the Lundgren Bros. proposal. Annette Degnan, 4612 Cambridge Drive, �d that the.main issue for her has been land preservation. She noted that this is an opportunity. -'pr the Ci..*:to preserve some unique land. Lori Tripp, Covington Lane, stated that Luir$gren shdWd not have to pay for prior mistakes made by the City or other developers. She said that they have done'Wgood job of satisfying the people's needs. She further said the central area will offer a relaxing place and the active park will also have nice amenities. She stated that the APC did not have the most current information to review when they denied this request. She added that at the APrC meeting the majority of people were in favor of approval of Lundgren's proposal. She mentioned that Lundgren will #rig in expensive homes that will pay their way and have a low impact on City services. She noted tha##t of compromises have been made by everyone. Steve Briggs, 4733 Westminster d* 'biggest concern was to make sure that the developer met his required 10% parkland dedication. He further said it appears that they are close to that amount or have even surpassed it. He stated that the north;park seemed to be the issue the APrC was struggling with because they were unsure what amenities could be constructed there. He further stated that the general feelings of the neighbors appears to be that whatever works in the park will be acceptable as long as the land is available. He added that.they do not anticipate a heavily populated use of the active park. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18, 1997 PAGE 12 John Brenberg, 4714 Walden D&t, said that there w38:4'i consensus that the north park should retain the tree line. He stated that he understood the residents, at last night's APrC meeting to be in favor of the north park being similar to a neigh;) rhood park. He:Ad led that there appeared to be consensus in favor of approving this plan and later detet ' ' ' wbot:tbA:be done with the space while retaining the trees and leaving the central park space open"' lk a:A-koye natural state. He recommended approval of this proposal. Bonnie Edmonson, 4747 West Westminster Circle, stated that they have waited many years for this park to develop. She said this developer has tried very hard to meet the neighbors' needs and she said that she felt this proposal should be:p'<rva�j;;:' Joe Degnan, 4612 Cambridge Drive, note4i.lhat the roS 4ents on the east and the south have come to a consensus on the latest plan. He further noted.that the residents on the west side of the development in the Beacon Hill subdivision have not reached:a;':`--' Bob Gerlach, 4608 Cambridge, ig eeci'ivith Mii7egnan and added that one of the concerns of the people living to the west is the access. He said the Beacon Hill development plan proposed to have Trenton Lane, which is currently a stub street, be constructed as a through road into this area when it was originally planned for development. He stated that he is concerned about trying to make this one large neighborhood. Councilmember Masin stated tt:s#i:,uncomfortable with approving this request when both advisory commissions denied it. Senior Platirierle:lndicated that the main reason for denial were the outstanding park issues. Mayor Egan asked Public Works Dir�ctos:i#liettYf lie felt comfortable working out the remaining issues with the developer. Publie: ?c141ks'Director Colbert explained that the remaining items were the following: the location of the i "'site, the acquisition cost and the removal of Trenton Lane and replacement with the trailway and the financial obligation associated with existing utilities that serve the property. He said staff is willing to meet with the developer to explain the rationale for these conditions. He stated that the developer has been in disagreement with staffs position with regard to these conditions, but he has not requested their removal. Councilmember Awada said the conditions should be left in and Councilmember Wachter corlctifir::: Rick Sathre, Planner for Lundgren Bros., said that they.are proposing to dedicate 15.3 acres of the site to the City, which is approximately 21 % of thi:'p:':T.'rty:; t ty Attorney Sheldon indicated that the Council can rezone the land that is to be Single Facey Resid >' Tal to R-1 and then initiate a rezoning for Public Facilities. He added that the well site will t6quire a sop rate Public Facilities designation and would require a separate public hearing because preliminarj 'Plat approval would give it an R-1 designation for a period of a year unless the City gets a specific agreement that the well site will be excluded from preliminary plat approval. Councilmember Awada asked if the Council could approve a rezoning of approximately 58 acres and then have the applicant come back for preliminary plat approval. City Attorney Sheldon stated that would be acceptable if the�tiuncil designates the specific area for the well site and excludes it from the rezoning tonight. Councilmember Masin questiofiol:tlua p.Gould be sent back to the advisory commissions for further review and refi iiem�ti' *.ii id'iegii i the applicant to come back to the Council with a new plan. Councilmember Awada stated that she fgitstaff can work out the details pertaining to the subdivision. Councilmember Wachter said that it is important that the majority of the residents are in agreement with the proposed plan. He further said that the plan is acceptable to him with the stipulations that have been discussed by the Council. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18,1997 PAGE 13 Director of Parks and Recreatioi�':yaaa clarified that tt .f_ity's park dedication does not provide for full dedication when water is includedw part of the dedication. He added that the developer is close to the 10% dedication requirement. He si *Ihat the neighb s #i�iod was promised that the park would be developed in conjunction with the developteit a.he wed to ensure that when the developer submits the plan for final plat that he also suliil a_#i1an for the park. He also wanted to ensure that there was flexibility to work on the actual design of the active park. Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve a request for a Rezoning of approximately 58 acres from A - Agriculture to R-1 Single Family, excluding a well site and the two parkland areas. Councilmember Awada moved, Councilrtiember Wa�tter seconded a motion to continue consideration of a Preliminary Subdivision (Pinet�e ;Pass) for: Xz7 lots and four outlots located on approximately 72 acres, south of Cliff Rd., west 4,16tomas Lane -and Walden Drive, north of Wellington C Way and east of Cambridge Drive and c v3 i Q�jt�i ii�!e ff :tbi : TE Y4 of Section 33 to the December 3,1997 City Council meeting, or December 16 Citj+6* uncil aieet3iig; if necessary. Aye: 5 Nay: 0 Councilmember Awada moved, Councilmember Masin seconded a motion to continue consideration of 2% Variance to the maximum 8% cul-de-sac grade to the December 3,1997 City Council meeting, or December 16 City Council meeting, if necessary. Aye: 5 Nay: 0 Councilmember Awada moved;:i�-�cftwmber Wachter seconded a motion to initiate a rezoning of the remaining acreage to PF - Pdblit: %.�i ties.subsequent to approval of the preliminary subdivision. Aye:. 5 Nay: 0 PRELIMINARY SUBDIVISION -:$ l ;CR¢95.' LUE SHIELD EAST ADDITION City Administrator Hedges proud 'a an overview on this item. Senior Planner Ridley gave a staff report. Dave Dimond, architect for Delta Dental, stated that they have attempted to address the concerns of the adjacent neighborhoods. Public Works Director Colbert co iei €e tl At-:Oie:a ss onto Ashbury from the site would be a right turn out only, but he noted that compliance wipuld be voluntary and it would attempt to be controlled via signage. Councilmember Masin stated that there appear to beEkvo main issues and they are the traffic impacting neighborhoods on Ashbury and the ring road. " ' Angela Nyeggen,1571 Blackhawk Hills Road, stated that the amount of traffic has increased as well as the speed of the traffic through her neighborhood. She said that employees of Delta will use their neighborhoods as a shortcut to work. She suggested that Bla j- awk Hills Road should be a dead end to the east and stop signs should be placed at every intersectioti:along Blackhawk Hills Road and Ashbury. She read a letter from Trent Johnson of the ;F,,4pan,Police.laepartment who stated that he witnessed a number of traffic problems in the area . j.: a: ittlit acted tJiat an increase in traffic will make Blackhawk Hills Road more dangerous.' Sandy Orgas, 3573 Ashbury Road, said she was cortCe'jted with safety and the fact that the complexion of the neighborhood will be affected by this development. She submitted petitions to the Council and said that more are forthcoming. She said the entrance to Delta Dental onto Ashbury is illogical and a commercial entrance onto a residential street should not be allowed. EAGAN" CITY COUNCIL MEETING MINUTES; NOVEMBER 18,1997 PAGE 14 George Thompson, 3737 BlacW" Road, indicated tb&y have a hard time backing out of their driveway onto Blackhawk Road now and -the traffic will only get more congested with this development. Roger Kleppe, representing Blue Cig:$1tiS�lild;lii�nesota, presented statistics indicating there are only a small number of employees 'W'** io Cs> :a wvn Ashbury in the morning to get BCBSM. He commented on the various viewpoints represented by the residents. He added that BCBSM has been a good corporate citizen. He noted that the construction of a ring road may create new problems. Mayor Egan mentioned that the City has always appreciated BCBSM. John Wells, 3680 Knoll Ridge Diiae :ftW*fttW Gtn was circulated regarding concerns with location of the development on the site, said that he was representing an informal coalition and introduced five other individuals w"1:spoke fo�iiNing him. Cheryl Graham,1775 Crestridge Lane, mented t —she appreciates the quality of life in Eagan. She noted that her family uses $) 'arlt c#:'if ie winter the sidewalks are not plowed and it is dangerous walking to the park. She added'-that it is:Mii to get onto BIackhawk Hills Road. She said she is concerned about the increase and speed of the traffic the new development will generate. She further said the traffic issues should be resolved prior to approval of the development. She added that the additional traffic will create environmental health concerns with regard to the noise and gas. Terrie Thompson, 3670 Knoll Ridge :Drive, expressed concerns about the direct and indirect impacts of this development and stated• ,~:*.humber of planning issues need to be addressed by the City. Michael Ryan,1795 Crestridge Lane,: i�uestioned:th6:l*-a of notification regarding this proposal. He said that more time and input is needed xegadi,:flie development on the part of the residents. City Administrator Hedges explained the nodfsckwo :piocess as prescribed by state statute. He noted that the City Council requires signage be placed;--dwthe proposed development site informing people of the development. He further noted that a public hearing notice was placed in the local newspaper with a map identifying the location and describing the property. Clint Miller, 3610 Knoll Ridge Drive, stated that his property abuts Outlot B and he did not receive any notification. He suggested:thitt f:gn.A egk.ia:wiihm:the 350' notification boundary perhaps the entire neighboring areas should be not166 i ::IVfa}►tit :1~ga t:eX l ned that the applicant is required to get the listing of addresses of the properties within the:350' boun4ry. Mr. Miller suggested it would be helpful if the Council re-examined their notificatioi4rocess:; TAe said the zoning of Outlot B is a major concern to him and he also commented on the Asl 1»ry entrg+ t'te and requested the Council consider deleting it and replace it with another entrance ori *'::Blue CrpSB: Road. Senior Planner Ridley explained the status of the Planned Development and indicated there is a 15 year timeframe unless the City Council takes action to terminate it. He said the timeframe may be expired, but it is still in effect until the Council terminates the PD. John Wells, 3680 Knoll Ridge Drive, suggested the Council allow more time for further review and revision in order for this development to fit well into the overall community. Joe Graham,1775 Crestridge Lki ;*6ift�d`dn'ji611ution in the area resulting from increased traffic and the potential for increased lanes on Blackhawk Hips Road. Public Works Director Colbert stated that there are no plans in the 5 Year CII' to increase tlie;anes. Jeff LeFavre, United Properties, indicated that the traffic problem in the area needs to be addressed, but it should be considered separately from the feasibility of this development. He indicated that if this area is developed as residential there will be more traffic generated than will be generated as a EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18, 1997 PAGE 15 result of the Delta Dental development.':#'Te added that with commercial use there will be little traffic during the middle of the day and on weekRnds. A resident spoke and indicated tlia} Mi...LeF4Lvre.-i iR '-&ying to divert the issue. He indicated that Ashbury should be eliminated as an entrances ;a ioh-Bf-alternative should be provided. He suggested two entrances onto Blue Cross Road. Tom McLaughlin, 3637 Ashbury Road, requested that there be no entrance on Ashbury because of the safety issues. He presented a handout covering his point of view. Councilmember Blomquist suggestetl'ttia tk+ce liift' 'dmg. . Should front off of Blue Cross Road. She said she believes the concerns expressed by the relents are:-jigid with regard to access on Ashbury Road. She stated that a traffic calming study shovW.be done.Qn Blackhawk Road. She added that she could not support this proposal unless the access €ai?Ashburg�as eliminated. Mayor Egan asked if a new streiit' o til be stii#iti %:iii and the building be reoriented. Public Works Director Colbert said that would be possible. Councilmember Masin asked about the rezoning of Outlot B, the entire plan for the property, traffic calming measures for Blackhawk Road and the future of the ring road. Councilmember Awada asked if Outlot B becomes part of the residential neighborhood with a zoning change. Mayor Egan said it will develop as low density R-1. Counei6i r.Momquist commented that this will be looked at during the update of the Comprehensive Guide Plan:,::CoiiriWmember Wachter indicated he could not support this plan with the entrance the way itis shown now. ' iiALt i'discussion occurred on the feasibility of bringing in the stub street on Blue Cross Road=:: City Attorr- ': a.heldon indicated that the timeframe on the application runs through the end of Decembe r.13e :ack%d :tfiat if the changes to the proposal are significant enough the Council can make:tli�40mi� iriation as to whether or not to send it back to the APC for review. Mr. Dimond said that in terms of the development of this property they have saved over 75% of the natural trees on the site and have maintained the natural area of the site. He indicated they would be willing to accept moving the entrance from Ashbury to Blue Cross Road but requested that the site proposal remain the same. Senior Planner Ridley clarified that since dwactual;guest is for a subdivision and the parcel of property will not change the application would ngUieed to 06back to the APC for review. He further stated that the developer's concern is with having:#ochange orientation of the building when they feel they have a good, sensitive development as proposed. Cou&. 1finember Blomquist said that the parking on the Delta site could be reoriented to Blue Cross Road rath&—than changing the orientation of the building. She further said that the hardwood trees should still be installed on Ashbury. Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve a Preliminary Subdivision for BCBSM East Addition consistir.of one lot of 16.17 acres and two outlots on 27.13 acres located east of Blue Cross Road, north of Ashbu� :Road in the NE 1/4 of Section 17 subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: Al, Bl, B2, B4, Cl, C2, C4, D1, E1, Fl, G1, and Hl EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18,1997 PAGE 16 Tree Preservation 2. Tree Protective measur4#-e- 4 foot polyetylkie laminate safety netting) be installed at the Drip line or at the perfin&:: r':the.Cribehiit Zone, whichever is greater, of significant trees/woodlands to be preserv....:.....,:... site grading. 3. The developer shall be responsible for contacting the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. .X Water Quah!y 4. The developer meet water quahty...ndtigation T.equirements through construction of features designed to promote infiltration.q�:jijnoff fro'.ip:Parking areas of the site. To the extent that the infiltration features0�gkw_ ua :to:OSR�ffie removal effectiveness of a conventional NURP basin, a cash dedkAb'**n";,�ffl be repaired. Final Planned Development 5. The following plans are required at the time of final planned development: Final Site Plan Final Landscape Final Signage Plan Final Lighting Plan Final Building ElevA8.nF1`m"":'*"" Final Phasing Pavement Markiniz 6. The developer shall be responsible for the necessary modifications to the pavement markings to accommodate the proposed entrance onto Blue Cross Road. Easements 7. A 20 -foot wide drainage and easemomjor the planned future water transmission Dist4�iion Plan (1996), shall be dedicated on the line, per the City Water Supply.T final plat in the southeast comer &-fhe propie Plat 8. The proposed subdivision must be platted, 9. The developer shall dedicate restricted acces- 4'.'hong Ashbury Road. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmember:4wada seconded a motion to direct a traffic calming study on Blackhawk Road and Ashbury Road. A� &-;5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18, 1997 PAGE 17 REZONING, PRELIMINAIW.$UBDIVISION &; JOHN B. GOODMAN LIMITED City Administrator Hedges staff report. USE PERMITS item. Senior Planner Ridley gave a John Bunkers, Project Manager for John B. Goodman Limited Partnership, discussed the proposed project. Councilmember Blomquist movacl : title 0memIm ;4wada seconded a motion to approve a Rezoning from General Business (GB) to iiec#3iiess:#. Of 6.53 acres consisting of Lots 7 and 8, Block 3, Effress Addition in the SW 1/4 of Section 19.�:; )Aye: 5 N#: 0 Councilmember Wachter moved, CouncAiijdmber A w"" 4a seconded a motion to approve a Preliminary Subdivision (Marice Additiqp}:Co ... of 2;i pn 6.53 acres consisting of Lots 7 and 8, Block 3, Effress Addition in the SW 1/! of�ectiori 10 sit fipect:#i'the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3,1993: Bl, B2, B3, B4, C-11. C2, C4, Dl, and El. 2. The property shall be platten 3. A cross -easement for signagq: j .etween L,ot.l:a6a 2 should be provided prior to final subdivision approval. 4. The circular drive seryiig:di'e ietirement home on Lot 2 shall be widened to 20 feet, or as otherwise agreed between the developer and the City, in order to provide adequate emergency access. 5. The developer shall be responsible for installing the sidewalks along Marice Drive and Sherman Court. 6. The developer shall obtain a the Pilot Knob Road (County approval. County to cover grading activity within ay at the time of final subdivision 7. The developer shall be responsible for install ft and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Standards. 8. A revised tree preservation plan that includes details as to how tree preservation will be fulfilled should be submitted for staff review. for to final subdivision approval. 9. Park and trails dedication shall be fulfilled i§'recommended by the Advisory Parks Commission. 10. This development shall meet its water qua4t3r. mitigation requirements entirely through on-site ponding, and the final pond desigri $Till be subject to approval by the City's Water Resources Coordinator. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18,1997 PAGE 18 Councilmember Awada movecL)Qouncilmember Blc icjuist seconded a motion to approve a Conditional Use Permit to allow a Class- I mstaurant in a Limited Business District subject to the following conditions: 1. The applicant shall record tfieitaf tTse Permit at the Dakota County Recorder's office with the final plat. 2. An enclosure for trash and recyclable materials shall be provided. The enclosure shall meet all requirements for size, location and design in the City ordinance. 3. All rooftop mechanical'tiquipIIieiit g to lies ned from view from the public right-of- way and adjacent properties. Aye: 5 Nay: 0 Councilmember Wachter moved;"Caiiiicilme*m"1%e;*'Biomquist seconded a motion to approve a Conditional Use Permit to allow on -sale liquor with a Class I restaurant in a Limited Business District subject to the following condition: 1. The applicant shall record the Conditional Use Permit at the Dakota County Recorder's office with the final plat....... Aye: 5 Nay: 0 Councilmember Blomquist moved, Wyor Eg4p;see-66.ded a motion to approve a Conditional Use Permit to allow a pylon sign subject to the folk'.W"" co14diti6hs: 1. The applicant shall reci i d:'tiie Conditional Use Permit at the Dakota County Recorder's office with the final plat. 2. A cross -easement for signage between Lot 1 and 2 should be provided. Aye: 5 Nay: 0 Councilmember Masin moved, Councilmember Aw4da seconded a motion to approve a Conditional Use Permit to allow a 151 -unit seniorit t'reme4:. me in a Limited Business District subject to the following conditions: 1. The applicant shall record the Conditional t3k Permit at the Dakota County Recorder's office with the final plat. 2. Architectural design and construction methods shall incorporate sound attenuation standards sufficient to achieve an interior 9mmd level of 45 dBA. 3. Setbacks shall be as shown on.t;he,Site Plan dated October 1, 1997. 4. Mechanicalequipment'sfiMl'e'sc'reeiiod'fiiiri the public right-of-way and adjacent properties. Aye: 5 Nay: 0 Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Conditional Use Permit to allow a four-story building exceeding 30 feet in height in a Limited Business District subject to the following conditions: EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18,1997 PAGE 19 1. The applicant shall record -the Conditional Use Permit at the Dakota County Recorder's office with the final plat:.:::::. 2. Setbacks shall be as shown dta' 9",rfi'�':*?j�i 'dated October 1, 1997. Aye: 5 Nay: 0 ORDINANCE AMENDMENT, CHAPTER 7, STREETS & SIDEWALKS ORDINANCE AMENDMENT, REGULATION OF GRASS, V Councilmember Wachter cc state does not prune shrubs or trees TREETS & SIDEWALKS AND LANDSCAPING iese amendments and explained that the room to walk on some trailways. Councilmember Blomquist said that if a tree is truly obstructing a sight line she is in support of removal. Superintendent of Parks Olson stated that standards would be applied with regard to the removal of trees. Councilmember Blomquist reitetafiQd:that trees should not be removed unless they constitute a problem. She said that property owners n .... .#tY be:i ratified first. Superintendent of Parks Olson explained the iRq! icati�n process and said that copies of notification letters can be supplied to the City; ourt 1T: I'l6:4d Ied that trees will be removed without the consent of the homeowner only if an em. rgeroWtiation exists. He further added that the City cannot require property owners to trim boulev�:r:if:tiees. Councilmember Wachter stated that if an emergency situation exists staff needs to remove the tree under any circumstances. Councilmember Awada moved, Mayor Egan seconded a motion to approve an ordinance amendment to Chapter 7, Streets and Sidewalks, Section 7.05 - Obstructions in streets. Aye: 5 Nay: 0 Councilmember Awada movecl; mmiO*t ei Wa ter seconded a motion to approve an ordinance amendment to Chapter 7, Streets and Sidewalks, Section 7.08 - Regulation of grass, weeds, trees and landscaping. Aye: 5 Nay: 0 EGISLATiVWINTERC- OVERN �TTAL AFFAIRS City Administrator Hedges mentioned that he will be attending the LMC Policy Adoption Conference. Mayor Egan commented on a potential candidate fox.-Y.ern Peterson's replacement on the AMM. &D PAUdSTRATIVE.AGENDA CONTRACT 96-V, ACKNOWLEOCg: i }1C�f)d 3'#ONJAUTHORIZE CITY MAINTENANCE (EAGAN PROMENADE 2ND ADDMON - UTILITIES) Councilmember Awada moved, Councilmember Wi6ter seconded a motion to acknowledge completion of Contract 96-V (Eagan Promenade 2nd Addition - Utilities) and accept these improvements for perpetual City maintenance subject to the warranty provisions. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18,1997 PAGE 20 j4grpRS To BE 11W -D Bill Keegan, National Courtesy ftch, told the City-C-0iincil that their company will remove their bus benches by the December 1 City Administrator Hedges said that the ribbon cutting for Tip Top Nails scheduled for Wednesday has been cancelled. He stated that the Eagan High School Girls Volleyball Team won the state championship. He noted that therLk: "`.$q:4:ce1e min bMft*:;M Wednesday morning at the Eagan High School and asked if any Councilmember§Ve 'iif Councilmember Blomquist indicated she would attend. Councilmember Awada mentioned that-C-efincilmehAe Masin will be attending the Comprehensive Guide Plan Subcommitti!;6:�m'bog-�:hm.:Wik6 on Thursday. Councilmember Masin mentioned that she helped interview students who are applying to the military academy. She said that she attended the ribbon cutting of the 0WOBOlyrE facility. She further said she attended the opening of the Clare Bridge of Eagan facility that serves the memory impaired, Mayor Egan noted that he attended the grand opening of the Eco -Site facility. ECK ISTER Councilmember Wachter moved, M4'y""' an .pr Eg,secpnd;i�l a motion to approve the check register dated November 14,1997 in the amount of $1`15a;.6.7.'::Ay 5 Nay: 0 ........... .::::jOURNMENT The meeting adjourned at 11:15 p.m. MLK Date City Clerk If you need these minutes in an alternative form such ais'Aiirge priri ,':Oraille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 6814600, (ibb phone: (612) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance, EXHIBIT A 1998 Off -Sale Liquor Renewals 1. Applebaum Companies; Big Top Liquors 3900 Beau d'Rue Drive Eagan, MN 55122 2. Sidco, Inc. Big Top Wines & Spirits 1282 Town Centre Drive Eagan, MN 55123 3. Blackhawk Liquors Inc.' Blackhawk Liquors 4130 Blackhawk Rd. #100 Eagan, MN 55122 4. Byerly Beverages Inc. Byerly's Wine & Spirits 1299 Promenade Place Eagan, MN 55121 5. Cellars Wines/Spirits/EaW Inc. Cellars Wines & Spi1#i.*:::;:":;.:. . 2113 Cliff Road Eagan, MN 55122 6. Perrier & Associates, Inc. Great Northern Spirits 1960 Cliff -Lake Road #TOf:::::::::':"`"` Eagan, MN 55122 7. MME Inc. E & M Liquor 1444 Yankee Doodle Road Eagan, MN 55122 8. Liquor Shoppe Inc. of Eagan " Liquor Shoppe 4250 Lexington Ave. South Eagan, MN 55123 9. MGM Spirits Express Inc. MGM Liquor Warehouse 4182 Pilot Knob Road Eagan, MN 55122 10. United Penn Lake, Inc. Silver Bell Liquor 1989 Silver Bell Road::: Eagan, MN 55122 I - On -Sale Liauor Renewals 1. Al Bakers Al Baker 3434 Washington Drive Eagan, MN 55122 2. Apple America Ltd Ptnsp of MN Applebee's Neighborhood Bar & Grill 1335 Town Centre Drive Eagan, MN 55123 3. Casper's Cherokee Sirloin Room Cherokee Sirloin Room 4625 Nicols Road Eagan, MN 55122 4. Cedarvale Bowl. Inc. ... Cedamale Lanes/Fitz's Bar & Grill 3883 Beau d'Rue Drive Eagan, MN 55122 5. Chili's of Minnesota. Chili's Southwest Bar:& -Q i 1 ....... 3625 Pilot Knob Road Eagan, MN 55122 6 Cliff Corporation J. Doolittles 2140 Cliff Road Eagan, MN 55122 7. Nue & Torgerson, L.L.P. Green Mill Restaurant 1960 Rahncliff Road ...... Eagan, MN 55122 8. Jensen's Supper Club, Inc. Jensen's Supper Club 3840 Sibley Memorial Highway Eagan, MN 55122 9 10 11 Cuz, Inc. Lafonda de los lobos 3665 Sibley Memorial Highway Eagan, MN 55122 Mediterranean Cruise Mediterranean Cruise'". 3945 Sibley Memorial flig3iwaj....... Eagan, MN 55122 Rock Bottom Restaurants, Inc. Old Chicago Pizza 1312 Town Centre Drive Eagan, MN 55123 2 - On -Sale Liquor Renewals 12. West Jersey Associ Richards 4185 South Robert Eagan, MN 55123 13. Marriott Management Services Corp River Park 3400 Yankee Drive Eagan, MN 55122 14. Hall & Convention Ced&,*:tri .*:':"-::::''''' Royal Cliff 2280 Cliff Road Eagan, MN 55122 15. Starks I, Inc. Starks Saloon 3125 Dodd Road Eagan, MN 55121 16. ARG Enterprises, Inc. Stuart Anderson's Catft.!: -ompany 1299 Promenade P1acC' :::::::;::::•:• • . Eagan, MN 55121 17 Latt, Inc. Valley Lounge 3385 Sibley Memorial:iit:':::: Eagan, MN 55122 18. DF & R Operating Co. Don Pablos #96D125 1280 Promenade Place Eagan, MN 55121 19. Wheatstone Restaurant Group; LLC Houlihan 1294 Promenade Place Eagan, MN 55121 On -Sale Uguor -Club 20. Spur, Inc. Lost Spur Country Club 2750 Sibley Memorial Highway Eagan, MN 55121 On -Sale Li uor — Hotels....: 21. T.C.B.H., Inc. Holiday Inn 2700 Pilot Knob Road Eagan, MN 55121 22. Hilton Hotel —Eagan Opening in 1998 1998 On -Sale Wine Renewals 1. Chungs, Inc. Anna Chungs 1960 Cliff Lake Rd. #116?:; :::::•:•:•:•:::::;:;;:;; Eagan, MN 55122 2. Apples Plus, Inc. Apples Restaurant 1260 Town Centre Drive Eagan, MN 55123 3. Fratelli Tre, Inc. Carbon's Pizzeria 1665 Yankee Doodle Road Eagan, MN 55122 4. Diamond T. Ranch, Inc. ' ' ' . Diamond T. Ranch 4889 Pilot Knob Road Eagan, MN 55122 5. Hoban Korean Restau m.,,. . Young T. Lim 1989 Siler Bell Road Eagan, MN 55122 6. Chung Wong, Inc. Hong Wong Restaurant.•:.:: 2139 Cliff Road Eagan, MN 55122 7. FHF, Inc. Hunan Garden 1304 Town Centre Dr; , Eagan, MN 55123 8. J & R Group Italian Pie Shoppe 1438 Yankee Doodle Rd, Eagan, MN 55122 9. Village House II Que Viet 1272 TOwn Centre Dr. Eagan, MN 55123 10. TCQ, Inc. John Hardy's Bar B Q :: 1428 Yankee Doodle0:::::::::::::::::::::::::::::. Eagan, MN 55121 11. D'Amico Catering, Inc. D'Amico & Sons 3324 Promenade Ave. Eagan, MN 55122 1-1998 On -Sale Beer License Renewals 1. Chungs, lnc. * * (wirk:ficense also) Anna Chungs 1960 Cliff Lake Rd. #1 Eagan, MN 55122 2. Apples Plus, Inc. * * (wine license also) Apples Restaurant 1260 Town Centre Drive Eagan, MN 55123 3. Sports Fanatic, Inc. Broadway Pizza 2135 Cliff Road Eagan, MN 55122 4. Fratelli Tre, Inc. * * (mhii : &fise a1 Carbone's Pizzeria 1665 Yankee Doodle Road Eagan, MN 55122 5. Carriage Hills Country Club Ray Rahn 3535 Wescott Hills Di.::::::::: ::::: ::::::•:• • . Eagan. MN 55122 6. Davanni's, Inc. Davanni's Pizza/Hot Hoagies'::::::::::::::::::':::::: 1960 Cliff Lake Road :.;:;:::::::::::::::•:::':" . Eagan, MN 55122 7. Diamond T. Ranch, Inc. (wine license also) Diamond T. Ranch 4889 Pilot Knob Road Eagan, MN 55122 8. Dragon Palace Restaurant: Lee Fo Len, Owner 1466 Yankee Doodle Road Eagan, MN 55122 9. Hoban Korean Restaurant (wine license also) Young T. Lim 1989 Silver Bell Road Eagan, MN 55122 10. Chung Wong, Inc. * * (wine license also) Hong Wong Restaurant. . 2139 Cliff Road Eagan, MN 55122 .... 2 -1998 On -Sale Beer License Renewals X 11. FHF, Inc. (wineIkinse also) Hunan Garden .... 1304 Town Centre Eagan, MN 55123 12. J & R Group (wine liceng&' Italian Pie Shoppe 1438 Yankee Doodle Rd. Eagan, MN 55122 13. Parkview Golf Club Don Larsen 1310 Cliff Road Eagan, MN 55123 14. Piccolo's Patricia Boudreau 4162 Pilot Knob Rd. Eagan, NflN 55122 15 16. Pizza Hut of America. Inc. Pizza Hut #401025 2130 Cliff Road Eagan, MN 55122 Pizza Hut of America, Inc Pizza Hut #401023 1325 To%m Centre Dr. Eagan, MN 55123 17, Village House 11 (,Ain Que Viet 1272 Town Centre Dr. Eagan, MN 55123 e license also) 18. West End Hunting Ch'jb 535 Gun Club Road Rosemount MN 55068 19. TCQ. Inc.** (wine license also)'...... John Hardv's Bar B Q 1428 Yankee Doodle Road Eagan, MN 55121 20 D'Arnico Catering. Inc (mine license also) D'Amico & Sons 3324 Promenade Ave. Eagan, MIN 55122 Strong Beer License 1-1998 Off -Sale Beer Renewals 1. Cedarvale Texaco 3830 Sibley Memorial l0way Eagan, MN 55122 2. Super Valu Holdings, Inc.. Cub Foods 1940 Cliff bake Road Eagan, MN 55122 3. Holiday Stationstore #p2 ::::::•:•::•:•:•; ; :•::::•:::•:•: 4595 Nicols Road Eagan, MN 55122 4. Holiday Stationstore 4247 3615 Pilot Knob Road.. Eagan, MN 55122 5. Holiday Stationstore #68 1065 Diflley Road Eagan, MN 55122 6. McG's 1969 Silver Bell Road:::::: :,"",*...... Eagan, MN 55122 7. PDQ #214 4198 Pilot Knob Road Eagan, MN 55122 8. Fleming Companies, Iii'*. Rainbow Foods 1276 Town Centre Dr. Eagan, MN 55123 9. SuperAmerica Group::::::::::::.'::::::.::. :::: SuperAmerica #4049• : :::::::::::::::::::::::::::::::•: 4200 Sibley Memorial Highway Eagan, MN 55122 10. SuperAmerica Group SuperAmerica #4182 1406 Yankee Doodle Road Eagan, MN 55122 11. SuperAmerica Group SuperAmerica #4464 2250 Cliff Road Eagan, MN 55122 12. SuperAmerica Group SuperAmerica #4335 1379 Town Centre Dr. Eagan, MN 55123 2 -1998 Off -Sale Beer Renewals 13. Tom Thumb Food Mats Tom Thumb #273 • • • 1815 Diflle}• Road Eagan, MN 55122 14. Tom Thumb Food Markets Tom Thumb #166 1446 Yankee Doodle Road Eagan, MN 55122 15. Total 2000 Rahncliff Eagan, MN 55122 16. Twin Cities Stores, Inc. Oasis Market 3390 Coachman Rd Eagan, MN 55121 17. Twin Cities Stores, Inc. Oasis Market #594 1286 Lone Oak Road Eagan, MN 55121 18. Twin Cities Stores, Inc. Oasis Market #576 3150 Dodd Road Eagan, MN 55121 Subject to Apgroval MINLTI' ;OF A SPECIA'll" MEETING OF TF#isAN.OUNCIL November 18, 1997 A special meeting of the Eagan City: Council was held at 5:00 p.m. on Tuesday, November 18, 1997 at the Eagan Municipal Center. P*0io� t go': j y kk g ?? and City Councilmembers Awada, Blomquist, Masin and Wachter. Also presenE weiie* ?itettor :o eFinance VanOverbeke, Assistant to the City Administrator Hohenstein, Director of Parks;ikiid Recr6W)n Vraa, Chief Building Official Reid, Senior Planner Ridley and City Administrator Hedges. DE14}I�{7i�rTt MOTEL City Administrator Hedges stated that the home acquisition in the Highway 55 Tax Increment District is nearing completion. He stated that as the remaining property owners begin to consider alternatives, staff is requesting direction on how best to deal with the redevelopment of the Koloski's Addition property in general and the demolition of the Airliner and Spruce motels in particular. City Administration Hedges stated that the:K-dr.which owns the Airliner and Spruce properties, has specifically ask that the City consider aci}iurii�i�:�heir ;sites as well as the Kollofski's Addition homes. Assistant to the City Administrator 14bhenstein'stated that the Kors are currently exploring options which include private demolition wWr.'h o es ted4t $100,000 plus the cost of any asbestos abatement, public demolition with the costl Og: &g es's'cid by the City back to the Kors and the third alternative is public acquisition and deb��it` He stated that if the City would consider acquiring and demolishing the property it would be necessary to agree to a property valuation. He stated that the Airliner will be valued by the County Assessor's office at $68,600 in 1998 and the Spruce motel at $81,300 in 1998. Assistant to the City Administrator Hohenstein stated that the policy question before the City Council is whether the City should be involved in the acquisition or should the Kors be obligated to cover the costs of demolitip kh=ougli..theu..p action. City Councilmember Awada stated that the cost could be significant if there is a large quantity of asbestos in the two motels. She further stated iNt she would not be in favor of public acquisition unless the costs of demolition and asbestos abatement were -&ducted from the purchase price. City Councilmember Masin stated that she prefers priifate demco4on as the option for site clean-up. City Councilmember Wachter asked if the City had considered fffe:training as an option. Assistant to the City Administrator Hohenstein stated that the City is currently discussing using the motel facilities for some limited fire training. City Councilmember Awada asked what the upside to the alternative of public acquisition and demolition. Assistant to the City Administrator Hohenstein stated that this option increases the participation by the City toward a master:plan for redevelopment and also the demolition could potentially proceed quicker than under a.-pixblicly ordered, private demolition. Mayor Egan questioned how the City would recover the cost. Assistant to the City Administrator Hohenstein stated that it depends on the acquisitioj;: 4 A*K: -:' i* --t `k,��:i nd the value of the site once the five to six acres is available for sale. Director of Aaigesiid I2ecabiiiiitraa stated that parkland that is dedicated through a commercial development is calculated at $60,000.x-:$0,000 per acre for determining the parkland donation amount. City Councilmember Wachter- ted that he would prefer the City look into ways to allow the home sites and motel sites be developediiito one large developable site. City Councilmember Awada stated she could support acquisition, but only if the costs of demolition and Special City Council Meeting Minutes �k� November 18,1997/Page 2 asbestos abatement were deducted from".':i&*e"*"***"".e..ani U . Phe, h after Mionng all options with the Eagan Fire Department. Assistant to the City A a***. :: . :: : : lighenstein stiWlhat staff needs direction regarding how the City should facilitate the redevelenT Q '..,,...:'t"84*emberBlomquist stated that the entire area, including the Airliner and Spruce motels, shO@d-T*:kW6wed as a part of the Comprehensive Guide Plan update during the next few months. Mayor Egan encouraged one master plan development. He further stated that in time, he could support an RFP for a developer to take over the entire area as the best alternative for redeveloping the property. Mayor Egan summarized the .. )......s aff is to proceed with the demolition of the Airliner and Spruce Motels as an obligation of thea orent ov0i*rs and that staff should work with exist- ing property owners in the area to encourage parifile"riships f6if"ifn overall master planned redevelop- ment. SECO J lEE�,Qijr: CE ........... Director of Parks and Recreation Vraa reviewed plans for the second ice sheet stating that the timeline and all changes that have been prepared by the architect since the last review by the City Council require direction so final bid documents can be prepared. He stated that for uniform building code requirements and complying with ADA, a second sheet of ice and the existing Civic Arena are considered one building. The Director of, Parks and Recreation also stated that the interpretation has increased the number of toilet facilities )*9Wft4..gnd the need for the elevator to be installed in the existing building. Mr. Paul Dahlberg ofsp - oke to the original requirements and how the restroom facilities will be redistributed between -i . 66 . W. . J ty and the existing facility. He specifically stated that rather than construct all the restrdiihns in the secoid arena, some of the stalls would be constructed on the mezzanine level of the Cid,k,. :�-Would warrant more use than in the new addition. This change and the need for an elevator have increased the cost of the project. Mr. Dahlberg further commented on the estimated cost for the project, stating that two elements including the precast and refrigeration have increased since the cost estimates were presented. These costs are up by approximately $43,000 and after adding the additional toilets and elevator required by the new uniform building code and ADA, the total ice budget is $140,156, City Administrator Hedges stated that the g and the five percent contingency were retained as presented. Mr. Dahlberg stated that the, City should be able to apply a part of the contingency to offset the budget increase, howev0r':;::Ie men Ulomed there is uncertainty about soil conditions on the southeast comer of the constru. M'Q:'n site. q-tt Councilmember Wachter stated that there is little the City can do about the new unifo mi"'buildin . gAffode requirements and ADA standards, however, there should be a strong effort to limit and discou`r*ag'e any change orders. Mike Parsons, Construction Manager, noted the importance of proceeding with the bidding and steel and precast because of the long delivery schedules. City Councilmember Wachter stated that the City should proceed ahead with the project including the oi '&. rin i g of steel and precast at this time. He questioned why the City would not bid all of the project at:':':*:time? In response it was noted that the remaining bid section would not be re44yJQr.Wm;9il Aua;y and that by bidding all together time : would be lost on the steel and precast.`.' OXY.I.A stated that the budget and plans and specifications should be approved as a part'bof the'96 v"e-im" iieY18 regular City Council meeting agenda. Mayor Egan thanked Mr. Dahlberg and staff for their pres0tation and stated that action will be considered as part of the regular Council meeting as sumn*00d by the City Administrator. Special City Council Meeting Minutes November 18,1997/ Page 3 ........... ...... ..... ... . ..... ..... ..... §.':#)iOGRAM City Administrator Hedges stats d:that staff was giYwi.: direction by the City Council at the November 3 meeting, to continue consi&i ' �hon ofrenew.44-1he Livable Communities Program to re determine what the consequences aif .. participate in the program during 1998. -:-` ,. ty ... He further reviewed a memo that outlined - g programs and grants that the City received points for by being a part of the Livable Communities Program. Mayor Egan stated that the statute was a compromise with legislative interests who had proposed to limit local zoning . authorlty,mandae ou metropolitan region and ........ . ge#amuses thr ghout the metropo create penalties for non-compliance. Vm. .6sp of the Livable Communities Act was to permit voluntary participation and negotiated 'g d*:: -,-, and d to O'mqde funding programs for program participants to pursue those goals. He further stif6athat pa.ihg out of the Livable Communities Program could impact the duster activities that a`�'-currenk-ID' administered by the County HRA. Mayor Egan reminded the City Council that E4gmha'&`i06ts.&.o*-.4s part of a duster of Dakota County cities which allows everyone to take advanta0l'o z4ficenOW64:4 different types of housing throughout the County. He further stated that Eagan meets certain of the 'goals individually and more within the duster it meets. Mayor Egan also spoke to the grant programs, stating that livable communities is a healthy compromise to the radical social engineering that was originally proposed, similar to the negative notoriety the city of Maple Grove experienced approximately two years ago. Mayor Egan further stated that none of us are enamored with government regulations, however, as long as the Livable Communities has not negativel'y..*ip d the City, we should participate in the program which to date has allowed cities to make volun about housing. City Councilmember Masin stated that the City Cmmdil must place the City first and if the Livable Communities Program is not renew6d;.tbe- C--dI-%,**:.:.�4a.become vulnerable to criticism. City Councilmember Awada stated that the.y Cit".benefit from grant programs with the exception of - .4 the ISTEA funding. However, the City.�i i'h& successful in receiving a grant. She further stated the City meets its housing quotas due to excellent housing decisions that have been made during the 1980's and 1990's and feels participation in the Livable Communities Program is not necessary. City Councilmember Masin expressed a concern about the impact the City of Eagan would make on the county clustering program. City Councilmember Awada stated that no one likes the Livable Communities Program and commenteA:".::thi.sIs:W. -aboabousing since we have already exceeded our goals. She further commented thif'&:tk&6*:bf- g itlim in agreement with the housing objectives that have been met by the City Council sand, furter, that the Livable Communities Program is not necessary. City Councilmember Masin state44at she i*d like the City to work within the system and change the legislation if the City Council is r(0'*.'i--in agreq*nt with the local community program. City Councilmembers provided additional comments about the Livable Communities Program and, after a discussion on the merits of staying in the program as opposed to discontinuing participation for 1998, Mayor Egan stated that this item would be further discussed under old business on the regular City Council agenda. He further stated that a final vote would be considered at that time. OTHER BUSDI99A There being no other business'*0x-IW,,' '..'icmd at 6:20 p.m. e TLH Date City Clerk 0 0 • MEMO .'_ city of eagan TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 26,1997 SUBJECT: AGENDA INFORMATION FOR THE DECEMBER 3, 1997 EAGAN CITY COUNCIL MEETING After approval of the December 3, 1997 City Council agenda and the regular and special City Council meeting minutes for the November 18, 1997 meetings, the following items are in order for consideration. I mt A. APPROVE EAGAN FRE RELIEF ASSOCIATION BYLAWS AND CONTRIBUTION AGREEMENT ACTION TO BE CONSIDERED: To approve or deny the Eagan Fire Relief Association Bylaws and Contribution Agreement. FACTS: At the regular meeting held on September 16, 1997, the City Council agreed to accept an agreement with the Fire Relief Association to change from a defined benefit to a defined contribution plan, subject to the following conditions: 1. The amount available per firefighter per year assuming 100 firefighters is $3,385. 2. The agreement will be for eight years. 3. The City will continue to pay 100% of the State approved administration expenses. 4. The plan will include a 4% annual increase per year. Based upon that action, the Fire Relief Association pension committee along with Krista Boston, an attorney in private practice, and David Thompson of Symmetric Investments have been meeting with the City Administrator, Director of Finance VanOverbeke, and Attorney Steve Eide to complete a revision to the bylaws and to draft a contribution agreement. Steve Eide is an attorney with Gray, Plant, Mooty, Mooty and Bennett who specializes in pensions and pension plan issues. Agenda Information Memo December 3, 1997 Eagan City Council Meeting ♦ Mr. Eide was responsible for drafting the documents which required a major re -write because of the change in plan type. During the course of the discussions, it became obvious that there was a misunderstanding in what 100% of State approved administration expenses meant to all of the parties. That provision was subsequently clarified and is in the documents as follows: 1. For 1997 the City will pay 100% of the administrative expenses excluding any management or investment fees. 2. In 1998 the City will pay $18,500 toward administrative fees. 3. In 1999 and subsequent years there will be a 4% increase per year to the base year 1998 figure of $18,500. The proposed bylaws and contribution agreement were approved by the general membership on Monday, November 24, 1997 and will be effective upon City Council approval. ATTACffiVIENTS: ♦ Contribution Agreement on pages .S through (.p . ♦ Enclosed without page number is a copy of the bylaws. POE CONTRIBUTION AGREEMENT THIS AGREEMENT is made and effective as of this 3rd day of December, 1997, by and between The City of Eagan, Minnesota (the "City"), and the Eagan Fire Department Relief Association (the "Association"), hereinafter the "Parties". RECITALS A. The City was previously obligated to guaranty an adequate level of funding for a defined benefit pension for qualified members of the Association; and B. The Association membership has approved amendments to the Association bylaws converting the service pension to a defined contribution form of benefit; and C. The City and the Association now desire to revise the City's obligation by requiring the City to guaranty a defined level of contributions to the Association each year. taking into account funds provided by the State of Minnesota, and to fund certain expenses of the Association. AGREEMENT In consideration of the foregoing. and the promises contained in this Agreement, the Parties agree as follows: 1. Definitions. As used herein, the following terms shall have the meanings set forth below, and where said meanings are intended, the terms shall be capitalized: 1.1 "Plan Year" shall mean the period from January 1 to December 31. 1.2 "Contribution Amount" shall mean the annual contribution to the Fund, as determined under the terms of the bylaws of the Association and Paragraph 4 of this Agreement. 1.3 "Fire State Aid" shall mean any amounts received or receivable during a Plan Year by the City from the State of Minnesota pursuant to Chapter 69 of the Minnesota Statutes. 1.4 "Fund" shall mean the Association's "Special Fund" as defined in the Association's bylaws. 2. Tenn and Effective Date. This agreement is effective as of the date first written above, and shall remain effective for eight (8) consecutive Plan Years, until December 31, 2004. 3. Pavment Dates. The City will pay the Contribution Amount to the Fund for each Plan Year after 1997 in three payments. The City shall make the first payment on July 15 in the applicable amount determined under Paragraph 4. The second payment shall be equal in 3 amount to the Fire State Aid for the Plan Year and shall be paid to the Fund as soon as reasonably possible after it is received by the City and payment is approved by the City Council. The City shall make the third payment on January 15 following the Plan Year in the applicable amount determined under Paragraph 4. The Parties acknowledge that the Fire State Aid for 1997 has been paid to the Association prior to the date of this Agreement. The balance of the Contribution Amount for 1997 shall be paid to the Association in two payments, one in December 1997 and the other by January 15, 1998. 4. Contribution Amounts. For Plan Years after 1997, the first payment for a Plan Year (payable on July 15) shall be an amount equal to the allocation of contributions to Association members' accounts calculated for June 30 of the Plan Year under the Association's bylaws, reduced by 50% of a reasonable estimate of the Fire State Aid that will be received for the Plan Year. The second payment shall be the amount received by the City as Fire State Aid during the Plan Year. The third payment for the Plan Year (payable on January 15 of the following Plan Year) shall be equal to the actual annual contribution reduced by the amounts previously received for the Plan Year in the first and second payments. For purposes of this paragraph, the "actual annual contribution" is determined by multiplying $3,385 by the number of years of active service completed by members of the Association for the Plan Year, prorated by months for members who did not complete a full year of active service. The annual amount of $3,385 shall be increased by 4% each year from 1998 through 2004. For the 1997 Plan Year, the City's December payment shall be in the amount of the "first payment" described above (as if allocations had been made as of June 30, 1997) with interest at an annual rate of 6.2% from July 15, 1997 through the date of payment. The City's payment in January 1998 for the 1997 Plan Year shall be calculated in the same manner as the "third payment" described above. 5. Administrative Expenses. For the 1997 Plan Year, the City will pay the Association's necessary, reasonable, and direct expenses of maintaining, protecting and administering the Fund, provided that such expenses are incurred and paid during 1997 and constitute authorized administrative expenses under Minn. Stat. § 69.80. These 1997 expenses shall be reimbursed by the City upon receipt of appropriate documentation showing the amount and nature of each expense. For Plan Years from 1998 through 2004, the City will pay to the Association $18,500 per year for authorized administrative expenses with a 4% annual increase in this amount beginning in 1999 for the remainder of the contract. The City's payment under this Paragraph for each Plan Year starting in 1998 shall be made on July, 15 of the Plan Year. The City's payments under this Paragraph are separate from and in addition to the payments described in Paragraph 4. 6. Miscellaneous. 6.1 Governing Law; Venue. This Agreement and the rights of the Parties shall be governed by and construed and enforced in accordance with the laws of the State of Minnesota without reference to the choice of law doctrine of such state. Each of the Parties hereto consents to venue of any suit or action under or with regard to this Agreement in an appropriate court with jurisdiction in Dakota County, Minnesota. 6.2 Construction: Severabilit.. Wherever possible each provision of this Agreement is to be interpreted in such a manner as will be effective and valid under applicable law, but if any provision of this Agreement is prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 6.3 Further Assurances. The Parties hereby agree to execute any instrument and to perform any acts that may be necessary or proper to carry out the purposes of this Agreement, including specifically the execution by the Association of such receipts of payment as the City may request. 6.4 Amendment. This Agreement may be amended or modified only by a writing executed by all of the Parties hereto. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. THE CITY OF EAGAN, MINNESOTA EAGAN FIRE DEPARTMENT RELIEF ASSOCIATION Mayor And by Clerk GP:430165 v5 ILZ Title: 3 �� STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) On this day of 1997, 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 DAKOTA ) On this day of , 1997, before me a Notary Public within and for said County, personally appeared to me personally known, who being by me duly sworn, did say that he is the of the Eagan Fire Department Relief Association, the corporation named in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and said acknowledged said instrument to be the free act and deed of the corporation. Notary Public eo Agenda Information Memo December 3, 1997 Eagan City Council Meeting L° ' A. CONSIDER A RESOLUTION APPROVING AMENDMENTS TO INTEREST RATE REDUCTION LOAN WITH CINNAMON RIDGE LIMITED PARTNERSHIP ACTION TO BE CONSIDERED: To approve or deny a resolution approving amendment to the interest rate reduction loan with Cinnamon Ridge Limited Partnership. FACTS: The City has been asked by representatives of the Cinnamon Ridge Limited Partnership to assist in the restructuring of the Multi -Family Housing Revenue Refunding Bonds $8,000,000 Series 1992 Cinnamon Ridge Project. ♦ When these bonds were originally issued in 1985 an agreement was entered into with the City's HRA to provide a 50% tax increment payment to the partnership to assist with the debt service on the project. + The original agreement which was first modified in 1992 when the bonds were first refunded called for repayment of the total principal with 5% simple interest 10 years after the date of the first advance which was in July of 1988. The 1992 modification allowed a variable repayment based on a percentage of available cash flow from the project. ♦ As a condition of the refunding request to be considered by the City Council under the consent agenda, a fixed repayment schedule beginning in 1998 and ending in 2015 has been mutually agreed upon by City staff and the applicant for recommendation to the HRA Board of Commissioners. Given the request for a second refinancing and current financial projections, City staff has not been comfortable with repayment based on a percentage of cash flow and has insisted on either a deferred repayment schedule or a discounted up front cash out. f Springsted, the City's fiscal consultant, Steve Rosholt of Faegre and Benson, the City's bond counsel, City Attorney Sheldon, Finance Director VanOverbeke and the City Administrator have had numerous meetings and conferences to work out the above referenced recommendation. ♦ The values of the tax increments note including both principal and accrued interest will be $1,964,325 at December 31, 1997. ATTACHMENTS: ♦ Resolution on pages 9 through ♦ Repayment schedule on page -�—. 11/25/97 TUE 12:23 FAX 612 336 3027 FAEGRE & BENSON Extract of Minutes of Meeting of the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Eagan, Minnesota Pursuant to due call and notice thereof; a special meeting of the Board of Commissioners ofthe Housing and Redevelopment Authority in and for the City of Eagan, Minnesota was duly hold at City Hall in said City on Wednesday, the 3rd day of December, 1997, at o'clock P.M. The following Commissioners were present: and the following were absent; The Chair announced that the meeting was open for consideration of an amendment to the Authority's Interest Rate Reduction Loan with Cinnamon Ridge Limited Partnership. Commissioner introduced the following written resolution and loved its adoption; A RESOLUTION APPROVING AMENDMENTS TO INTEREST RATE REDUCTION LOAN WITH CINNAMON RIDGE LIMITED PARTNERSHIP Commissioner favor thereof'. The motion for adoption of the foregoing resolution was duly seconded by Council and upon vote being taken thereon the following voted in and the following voted against the same= whereupon said resolution was declared duly passed and adopted. �r IM 007 R=96% 612 336 3027 11-25-97 01:26PM P007 #02 11/25/97 TUE 12:23 FAX 612 336 3027 FAEGRE & BENSON R=96% RESOLUTION N0. A RESOLUTION APPROVING AMENDMENTS TO INTEREST RATE REDUCTION LOAN WITH CINNAMON RM GB LIMITED PARTNERSHIP BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Eagan, Minnesota (the "HIiA"}, as follows: 1. Background In connection with the development of an apartment building for low and moderate income tenants (the "Project") the BRA provided tax increment assistance to the Project developer, Cinnamon Ridge Limited Partnership (the "Borrower") in the form of an interest rate reduction loan (the "Interest Rate Reduction Loan") to the Borrower which is secured by a mortgage subordinated to other indebtedness of the Borrower, including revenue bonds issued by the City of Eagan to finance the Project. The City expects to issue refunding bonds (the "Bonds") to refinance the Project, By January, 1998 the HRAwill have completed its obligations to the Borrower and the repayment of the Interest Rate Reduction Loan is scheduled to begin in 1998. The HRA deems it necessary and expedient to restructure the bterest Rate Reduction Loan to accelerate the repayment schedule and fix the amounts of scheduled payments. 2. Documents Presented. Forms of the following documents relating to the Bonds have been submitted to the Board of Commissioners and are now on file in the office of the 13xecutive Director: (a) Loan Amendment Agreement (the "Agreement") dated as of December 1, 1997, between the HRA and the Borrower whereby the Borrower and HRA agree to restructure the Interest Rate Reduction Loan to accelerate the payment thereof. (b) Subordination Agreement (the "Subordination Agreement") dated as of December 1, 1997, between the HRA and Borrower whereby the HRA agrees to subordinate the Mortgage securing the Interest Rate Reduction Loan to other indebtedness of the Borrower, including the Bonds. (c) Mortgage dated as of December 1, 1997 (the "Mortgage") from the Borrower to the HRA, securing the Interest Rate Reduction Loan. (d) Note from the Borrower to the HRA evidencing the restructured Interest Rate Reduction Loan. 3. &proval and Execution of Aocurnents_ The forms of Agreement, Subordination Agreement, Mortgage and Note referred to in paragraph 2 are approved. The Agreement and Subordination Agreeanent are hereby authorized to be executed in the name and on behalf of the HRA by the Chair and the Executive Director or other appropriate HRA officials authorized to execute documents on their behalf; at such time, if any, as they in their discretion may deem appropriate, in substantially the form on file, but with all such changes therein, not inconsistent with law, as may be approved by the officers executing the same, which approval [A 008 612 336 3027 11-25-97 01:26PM P008 #02 11/25/97 TUE 12:24 FAX 812 336 3027 FAEGRE & BENSON X1009 shall be conclusively evidenced by the execution thereof. Copies of all documents shall be delivered and filed as provided therein. 4. Certificates. etc. The Chair, Executive Director, and other officers ofthe HRA are authorized to prepare and furnish to bond counsel and the purchaser of the Bonds certified copies of all proceedings and records of the HRA, relating to the Bonds and Interest Rate, Reduction Loan, and such other affidavits and certificates as may be required to show the facts appearing from. the books and records in the officers' custody and eointrol or as otherwise known to them; and all such certified copies, certificates and affidavits, including arty heretofore furnished, shall constitute representations of the HRA as to the truth of all statements contained therein. 0 R-95% 12 336 3027 11-25-97 01:26PM P009 #02 11/25/37 08:16 PAX 612 223 3002 SPRINGSTED INC. Q002/002 PROJECT: Cinnamon Ridge LOCATION: Eagan, Minnesota ISSUER: City of Eagan, MInnersota SCENARIO., Refunding Bonds DATE REVISED: 11!24/97 TIF Note Dated Date 01/01/98 1 st Payment 02/01 /99 Principal Amount $1,964,325 Interest Rate 5.00% Projected Cash Flow Cumulative Date Principal Interest Total Available Balance 02101/99 56,328 106,4011 162,729 162,729 1,964,325 1,907,998 02/01/00 78,916 95,400 174,316 174,316 1,829,081 02/01/01 (13,245) 91,454 78,209 78,209 1,842,326 02/01/02 2,484 92,116 94,600 94,600 1,839,843 02/01/03 19,490 91,992 111,482 111,482 1,820,353 02/01/04 37,853 91,018 128,871 128,871 1,782,499 02/01/05 57,657 89,125 146,782 146,782 1,724,842 02/01/06 78,988 86,242 165,230 165,230 1,645,854 02/01/07 101,939 82,293 184,232 184,232 1,543,916 02/01/08 126,607 77,196 203,803 203,803 1,417,309 02/01/09 153,097 70,865 223,963 223,963 1,264,211 02/01/10 181,515 63,211 244,726 244,726 1,082,697 02/01/11 211,977 54,135 256,112 266,112 870,719 02/01/12 244,604 43,536 288,140 288,140 626,115 02101/13 279,523 31,306 310,829 310,829 346,593 02/01/14 316,868 17,330 334,198 334,198 29,724 02/01/15 29,724 1,486 31,210 358,269 0 1,964,325 1,185,105 3,149,430 3,476,489 Cash flaw years: 1998-1999 Cash flow years: 2000-2014 Interest calculated on 30/360 day 75% of the 50% of projected cash flow 50% of the projected cash flow Prepared by: Springsted Incorporated (11124/97) 1 ( 0 • Agenda Information Memo December 3, 1997 Eagan City Council Meeting The following items referred to as consent items require 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 Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Part-time Clerical Workers— ACTION TO BE CONSIDERED: There is no action to be taken on this item. FACTS: In official action at the November 3, 1997 Eagan City Council meeting, the Council approved the hiring of persons to be recommended for the positions of part-time Receptionist at the Municipal Center and part-time records clerk at the Police Department. For the Council's information, those persons are Mary Jenson and Cynthia Scipioni respectively. Item 2. Resignation/Administrative Clerical Technician III ACTION TO BE CONSIDERED: To accept the letter of resignation from Jane Hovind, Clerical Technician III in Administration. la Agenda Information Memo December 3, 1997 Eagan City Council Meeting B. RECOMMENDATION, AIRPORT RELATIONS COMMISSION, RESOLUTION CALLING FOR THE UPGRADE AND REACTIVATION OF THE MAC'S ANOMS FLIGHT TRACKING SYSTEM ACTION TO BE CONSIDERED: To approve a resolution recommended by the Airport Relations Commission calling upon the Metropolitan Airports Commission to promptly upgrade and reactivate its ANOMS Flight Tracking System. FACTS: At its meeting of November 13, the Airport Relations Commission discussed the need for the MAC to bring its ANOMS flight tracking system back on-line. The commission noted that this one of the only systems MAC has to provide empirical flight and noise data to the communities. The ANOMS system has not been functioning since May when an upgrade of the equipment at the air traffic control tower resulted in an incompatibility between the FAA data storage and MAC computer systems. ♦ The upgrade has been delayed as MAC has considered a reallocation of funds to match the FAA upgrade. At the same time, MAC has experienced staff changes in the NOISE office. ATTACHMENTS: • Resolution on pages through/ � . I � CITY OF EAGAN RESOLUTION CALLING FOR THE UPGRADE AND REACTIVATION OF THE METROPOLITAN AIRPORTS COMMISSION ANOMS FLIGHT TRACKING SYSTEM WHEREAS, the City of Eagan has an interest in the conduct of aircraft operations at Minneapolis -St. Paul International Airport and the environmental impacts they can have on residents of the City, and WHEREAS, the Metropolitan Airports Commission has invested substantial funds in an automated system (ANOMS) to track aircraft operations, record noise events in the communities and provide base data for environmental studies, and WHEREAS, ANOMS has been inactive since May, 1997, due to an upgrade of the data storage technology used by the Federal Aviation Administration Air Traffic Control Tower; an upgrade which makes the data incompatible with the MAC system, and WHEREAS, ANOMS is one of the only means available to communities to monitor operations and analyze their environmental impacts, NOW, THEREFORE, BE IT RESOLVED that the City of Eagan calls upon the Metropolitan Airports Commission to promptly implement an upgrade of the ANOMS flight tracking system and to reactivate the system at the earliest practical date. Motion made by: Seconded by: Those in favor: Those against: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk 14 CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota in a regular meeting thereof assembled this 3rd day of December, 1997. E.J. VanOverbeke, City Clerk /S Agenda Information Memo December 3, 1997 Eagan City Council Meeting C. ON -SALE LIQUOR LICENSE SIDNEY'S OF EAGAN INC. 3330 PILOT KNOB ROAD ACTION TO BE CONSIDERED: To approve an on -sale liquor license for Sidney's Restaurant to be located at the site of the former Eagan Athletic Club at Pilot Knob Road and Marice Drive. FACTS: 4 The City is in receipt of an application from John Goodman on behalf of Sidney's of Eagan for an on -sale liquor license for the Sidney's Restaurant associated with the Marice Addition which was approved by the City Council on November 18. The application has been reviewed by City staff and the Police Department. The application is in order for consideration by the City Council and the Police Department has identified no reason to deny the application at this time. ATTACHMENTS: ♦ Application and police background report enclosed without page number. /(a Agenda Information Memo December 3, 1997 Eagan City Council Meeting D. TOBACCO LICENSE, WHEATSTONE RESTAURANT GROUP, LLC, DBA HOULIHAN'S 1294 PROMENADE PLACE ACTION TO BE CONSIDERED: To approve a tobacco sales license for Wheatstone Restaurant Group, LLC, dba Houlihan's located at 1294 Promenade Place. FACTS: • The City is in receipt of an application from Houlihan's for a tobacco license at the above referenced location. The application has been reviewed by staff and is in order for approval by the City Council. Due to the fact that only one month remains of the 1997 license year, this license approval will be for the remainder of 1997 and will also serve as the renewal for 1998. ATTACHMENTS: M Application enclosed without page number. Agenda Information Memo December 3, 1997 � • is r 's � • : 1 ACTION TO BE CONSIDERED: Approve the final payment for Contract 97-16 (Slater Road — Sidewalk Improvements) in the amount of $7,812.36 to Minnesota State Curb and Gutter, and accept the improvement for perpetual City maintenance subject to warranty provisions. FACTS: Contract 97-16 provided for the construction of a 6 -foot wide concrete sidewalk within the westerly boulevard of Slater Road, from Wall Street to Cliff Road. On August 5, 1997, the City Council approved the plans and specifications for the sidewalk improvement. On September 2, 1997, the City Council awarded the contract for the public improvement. This work has been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. F. CONTRACT 95-14, CL.EMSON DRIVE STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 95-14 (_Clemson Drive — Street and Utility Improvements) in the amount of $71.00 to United Fire and Casualty Co., and accept the improvement for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 95-14 provided for the installation of street and utilities for the extension of Clemson Drive west of Johnny Cake Ridge Road. • On September 20, 1995, the City Council approved Project 691 as a public improvement after a public hearing was held. • On November 6, 1995, the contract was awarded to Schield Construction Company. The construction work was substantially completed in November, 1996. • The City of Eagan was notified that the contractor was going out of business on December 6, 1996, and was informed by the bonding company, United Fire and Casualty Company, to hold all remaining project funds. Payments were later requested by the bonding company to be made to a number of sub -contractors that had filed claims against the contractor. • The City of Eagan has paid all of the remaining funds as requested by the bonding company and has a $71.00 residual of the amount earned by the contractor for work completed. • This work has been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Agenda Information Memo December 3, 1997 ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 95-FFF (Delosh Addition — Street and Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Delosh Addition was constructed north of Skyline Drive and Skyline Road, east of State Highway 13 and west of Highridge Terrace. This development required the construction of streets and the installation of sanitary sewer, water main, and storm sewer, which was performed privately by the developer under the terns and conditions of the development contract agreement. • These improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provision. Agenda Information Memo December 3, 1997 ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 97-15 (Mulcahy Addition— Sanitary Sewer Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 97-15 provided for the construction of sanitary sewer along Silver Bell Road, northwest of State Highway 13, to serve an undeveloped parcel referred to as Mulcahy Addition (Project 721). • The item detailed in the change order addresses the relocation of a Dakota Electric Association (DEA) trunk electric line on the east side of Silver Bell Road. • The sanitary sewer improvements are outside of the DEA service area, so DEA was not contacted during the design of the project. When the contractor notified Gopher State One Call prior to excavating for the sewer installation DEA marked the existing line on the proposed sewer alignment. • DEA was unable to relocate the electric line in time to allow the contractor to complete the sanitary sewer in accordance to the time requirements of the specifications. The change order requests a time extension to the completion date for the project from November 15, 1997, to June 1, 1998. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order does not provide for additional costs, only the time extension. ATTACHMENTS: Change Order No. 2, pages through' city of eagan CONTRACT #: 97-15 PROJECT #: 721.722 CHANGE ORDER DATE: November 13. 1997 PROJECT NANIE: Mulcahv Addition. Murphv Parkwav PROJECT DESCRIPTION: Watermain installation along Murphy Parkway to provide a looped watermain system from the existine watermain at Blackhawk Ponds to this newly platted area of the Murphy Farm Addition. Also sanitary sewer installation along Silver Bell Road to serve Parcel 011-02 (Lot 1 Block 1 Mulcahy Addition). CONTRACTOR: Brown & Cris 19740 Kenrick Avenue Lakeville. MN 55044 DESCRIPTION OF CHANGE ORDER WORK: ENGINEER: Citv of Eagan 3830 Pilot Knob Road Eagan. MN 55122 Extend the project completion date from November 15, 1997 to June 1, 1998. JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER: The sanitary sewer extension along Silver Bell Road to serve Parcel #011-02 is designed to be located in the easterly boulevard. The existing utilities (Gas & Electric) are presently located in this easterly boulevard and are in conflict with the proposed sanitary sewer location. Dakota Electric was not notified at the design stage for relocation because at this location they are located in the NSP service area. Because of the late notification, Dakota Electric was unable to relocate in time so the contractor could complete the work by the original completion date. The contractor is justified an extension of time because of this delay. DESCRIPTION OF WORK ITEMS: None a I CONTRACT STATUS Original Contract: Change Order: Subtotal of Previous Change Orders: This Change Order: New Subtotal of All Change Orders: Revise Contract: TIME/COMPLETION DATE November 15. 1997 June 1, 1998 Percent Increase or Decrease for this Change Order to Original Contract Amount: Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: RECONLMENDED FOR APPROVAL: BY: Project Maas er BY: 7 .. a,C � City Department Mana City of Eagan Council Action: Mayor: Clerk: Date: DISTRIBUTION 1 - City 2 - Contractor 1 - Engineer G /ENGINEEi iTORMS&LISTS/97-ISMulcahvMurphychngordr da $83.087.00 $ 1289.25 0.00 $ 1289.25 84.376.25 0.0% 1.5% By: C Contractor Date: // X7-97 a ;) Agenda Information Memo December 3, 1997 Eagan City Council Meeting I. 1998 LICENSE RENEWALS FOR REFUSE HAULERS PET SHOPS. TREE CONTRACTORS, STABLE, PAINTBALL FACILITY, COMMERCIAL FERTILIZER APPLICATORS AND TOBACCO/CIGARETTE SALES ACTION TO BE CONSIDERED: To approve the 1998 license renewals for refuse haulers, pet shops, tree contractors, stable, paintball facility, commercial fertilizer applicators and tobacco/cigarette sales. FACTS: • The City annually licenses parties doing business in the above -referenced categories. These licenses are in order for review by the Council at this time. ATTACHMENTS: • Refuse hauler licenses on pages a through. Pet shop licenses on page .30 . • Tree contractor licenses on page 31 Stable license on page 32=. Paintball facility on page 21. • Commercial Fertilizer Applicators on page. • Tobacco/Cigarette Sales on pages_ through. 0 3 Revised 8-6-97 City of Eagan 1997 Refuse Haulers Residential (including multi -family homes with individual unit service) Aagard/Eagan Sanitation 3291 Terminal Drive Eagan, MN 55121 686-2371 Action Disposal -BFI 4325 E. 66th. St. Inver Grove Heights, 455-8634 Mendota Heights Rubbish 20700 Donnelly Ave. E. Farmington, MN 55024 437-4488 Quality Waste Control 1901 W. 144th St. MN 55076 Burnsville, MN 55036 435-3454 Dick's Sanitation Service also dba Lakeville Sanitation 21338 Dodd Blvd. Lakeville, MN 55044 469-2239 United Waste Systems of Minnsota, Inc. 8678 N75th St. Stillwater, MN 55082 429-6766 also dba: Knutson Services 14345 Biscayne Ave. Rosemount, MN 55068 423-2294 Waste Management -Savage 12448 Pennsylvania Ave. S. Savage, MN 55378 882-2300 Bin distrib/dispatch-Joe 882-2321 Wildwood Sanitation Box 176 Newport, MN 5505E 459-7926 a�= Commercial (including multi -family units with dumpster service) Aagard Sanitation 3291 Terminal Dr. Eagan, MN 55121 686-2371 Action Disposal -BFI 4325 E. 66th St. Inver Grove Heights, MN 55076 455-8634 Aspen Waste Systems, Inc. 2523 Wabash Ave. Minneapolis, MN 55144 644-3488 Dick's Sanitation dba Lakeville Sanitation 21338 Dodd Blvd. Lakeville, MN 55044 469-2239 Haul Tech Environmental 7675 W. Highway 13 Savage, MN 55378 890-9616 K.O. Sanitation 1811 Century Ave. Newport, MN 55055 459-0120 Subec Farms 35995 Helium St. Princeton, MN 55371-5303 389-9355 Revised 11-19-97 Mendota Heights Rubbish 20700 Donnelly Ave. E. Farmington, MN 55024 437-4488 Quality Waste Control 1901 W. 144th St. Burnsville, MN 55036 435-3454 Randy's Sanitation P.O. Box 169 Delano, MN 55328 479-3335 Triangle Services 1881 Lexington Ave. Mendota Heights, MN 55118 454-1848 United Waste Transfer, Inc. also dba UWS/Gallaghers 95 W. Ivy St. Paul, MN 55117 227-6394 Waste Management -Savage 12448 Pennsylvania Ave. S. Savage, MN 55378 882-2300 as 1997 Construction Demolition Haulers Aagard Sanitation 3291 Terminal Drive Eagan, MN 55121 686-2371 Action Disposal -BFI 4325 E. 66th St. Inver Grove Heights, MN 55076 455-8634 All-Star Disposal 7845 E. Boyd Court Inver Grove Heights, MN 55076 455-4941 Alpha Construction Services 6580 135"' St. W. Apple Valley, MN 55124 432-7616 Ben's Roll Off Service 8735 Fremont Ave. S. Bloomington, MN 55420 884-9214 Container Corporation also dba Veit Disposal 14000 Veit Place Rogers, MN 55374 428-2242 Coolidge Trucking 829 West Central Ave. St. Paul, MN 55104 293-9310 Revised 11-19-97 Haul -Tech Environmental 7675 W. Highway 13 Savage, MN 55378 890-9616 Henningson Construction Service, Inc. 16306 Fairgreen Ave. Rosemount, MN 55068 432-4693 Keith Krupenny and Son Disposal, Inc. 1214 Hall Ave. West St. Paul, MN 55118 457-3680 Lightning Disposal, Inc. P. 0. Box 27 So. St. Paul, MN 55075 457-4434 Lloyd's Construction Services 16860 Welcome Ave. Prior Lake, MN 55372 440-5832 Materials Recovery Ltd. Systems P.O. Box 281 Newport, MN 55055 437-8618 Dick's Sanitation Service also dba Lakeville Sanitation 21338 Dodd. Blvd. Lakeville, MN 55044 469-2239 G. Logan and Sons Hauling Inc. 1484 Iglehart Ave. St.Paul, MN 55104 644-6081 Mendota Heights Rubbish 20700 Donnelly Ave. E. Farmington, MN 55024 437-4488 Quality Waste Control 1901 W. 144th St. Burnsville, MN 55306 435-3454 Randy's Sanitation P.O. Box 169 Delano, MN 55328 479-3335 Tennis Roll -Off L. L. P. 824 4th St. P.O. Box 64 St. Paul Park, MN 55071 459-1887 Total Sanitation Service 5885 Sunrise Drive Minneapolis, MN 55419 861-2575 United Waste Systems also dba UWS/Gallagher's 95 W. Ivy Ave. St. Paul, MN 55117 227-6394 Walter's Rubbish P.O. Box 67 Circle Pines, MN 55014 780-8464 Waste Management -Savage 12448 Pennsylvania Ave. S. Savage, MN 55378 882-2300 Willie's Dumpster Service 7800 East Bush Lake Road Edina, MN 55439 933-2000 Wildwood Sanitation Box 176 Newport, MN 55055 459-7926 Buckingham Trucking 5980 Credit River Rd. Prior Lake, MN 55372 226-6443 Randy's Sanitation P.O. Box 169 Delano, MN 55328 479-3335 Tennis Roll -Off L. L. P. 824 4th St. P.O. Box 64 St. Paul Park, MN 55071 459-1887 Total Sanitation Service 5885 Sunrise Drive Minneapolis, MN 55419 861-2575 United Waste Systems also dba UWS/Gallagher's 95 W. Ivy Ave. St. Paul, MN 55117 227-6394 Walter's Rubbish P.O. Box 67 Circle Pines, MN 55014 780-8464 Waste Management -Savage 12448 Pennsylvania Ave. S. Savage, MN 55378 882-2300 Willie's Dumpster Service 7800 East Bush Lake Road Edina, MN 55439 933-2000 Wildwood Sanitation Box 176 Newport, MN 55055 459-7926 Kieger Enterprises 1075 Harriet Lane Roseville, MN 55113 Buckingham Trucking 5980 Credit River Rd. Prior Lake, MN 55372 PET SHOP LICENSES Wet World 2. Heartland Pets Fox Ridge Shoppes, #206 1960 Cliff Lake Road 3390 Coachman Road Eagan, Mlv' 55122 Eagan, MN 55122 3. Walmart 4. Pet Warehouse 1360 Town Centre Drive 1296 Town Centre Drive Eagan, MN 55122 Eagan, MN 55122 30 TREE CONTRACTOR LICENSES 1. Shorewood Tree Service 2. S&S Tree Specialists 26640 Smithtown road 6214 Concord Blvd. E. Excelsior, MN 55331 Inver Grove Heights, MN 55076 3. Davey Tree Expert Company 4. The Tree Stump Co. 1500 N. Mantua St. 13677 Dan Patch Dr. Box 5193 Savage, MN 55378 Kent, OH 44240 5. Roggenbuck Tree Service 6. Huston's Tree Service 16644 Imperial Way 13404 Oakland Dr. Lakeville, MN 55044 Burnsville, MN 55337 7. Sherwood Tree Service 8. Ciardelli Tree & Landscaping 12195 Upper 167th St. 1200 Duckwood Tr. Lakeville, MN 55044 Eagan, MN 55123 9. Outdoor Specialities 10. R&R Tree Experts 560 Lone Oak Rd. 24546 Cedar Pt. Rd. Eagan, MN 55121 New Prague, MN 56071 11. Henning Rohde & Associates 3259 Terminal Dr. Eagan, MN 55121 31 STABLE LICENSES Diamond T Ranch 4895 Pilot Knob Road Eagan, MN 55122 PAINTBALL FACILITY LICENSE The Adventure Zone Him Nordberg 3820 Sibley Memorial Highway Eagan, MN 55123 !)-3 LIST OF 1998 COMMERCIAL FERTILIZER APPLICATORS I. Granulawn/Showcase Landscape 2. Viking Lawn Services 8633 Jefferson Highway 17526 Mushtown Road Osseo, MN 55369 Prior Lake, MN 55372 PH: 425-5296 PH: 612-447-5296 3. Minnesota Turf Care 4. Quality Green P.O. Box 1231 7835 Eagle Creek Boulevard Lakeville, MN 55044 Shakopee, MN 55379 PH: 469-2202 5. Fertilawn Inc. 6. Henning Rohde & Associates 9615 Gerard Aveneu S. 3259 Terminal Drive Bloomington, MN 55431 Eagan, MN 55121 PH: 884-7331 PH: 454-9511 7. TruGreen Chemlawn 8. Lawns R Us 11583 Rupp Drive 107 Lydia Road Burnsville, MN 55337 Jordan, MN 55352 PH: 895-3400 PH: 492-6346 9. Non -Stop Maintenance 10. AAA Lawn & Snowplowing Joe Armstrong Richard Ricke P.O. Box 39654 15208 Co. Rd. 5 Edina, MN 55439-0654 Burnsville, MN 55306 PH: 943-2247 PH: 435-2892 11. Neighborhood Lawn Care 12. Guaranteed Spray Howard Wager 9919 Valley View Road 4635 Overlook Drive Eden Prairie, MN 55344 Prior Lake, MN 55372 PH: 941-2900 PH: 440-9022 13. SouthWest Lawn Maintenance 13045 Pioneer Trail Eden Prairie, MN 55347 PH: 949-9040 3 � TOBACCO LICENSES Amoco Oil #2375 1424 Yankee Doodle Rd. Eagan, MN 55121 Big Top Liquors 3900 Beau De Rue Dr. Eagan, MN 55122 Blackhawk Liquors, Inc. 4130 Blackhawk Rd., #100 Eagan, MN 55122 Casper's Cherokee Sirloin Room 4625 Nicols Rd. Eagan, MN 5512 Cedarvale Texaco Food Mart 3830 Sibley Memorial Hwy. Eagan, MN 55122 Cellars Wine & Spirits 2113 Cliff Lake Rd. Eagan, MN 55122 Diamond T Ranch 4889 Pilot Knob Rd. Eagan, MN 55122 Eagan E -Z Stop 4195 Nicols Rd. Eagan, MN 55122 Oasis Market #594 1286 Lone Oak Rd. Eagan, MN 55121 Oasis Market #576 3150 Dodd Rd. Eagan, MN 55121 Applebee's Neighborhood Bar/Grill 1335 Town Centre Drive Eagan, MN 55122 Big top Wine & Spirits 1282 Town Centre Dr. Eagan, MN 55123 Byerly's 1299 Promenade Place Eagan, MN 55121 Cedar Cliff Amoco 4600 Slater Rd. Eagan, MN 55122 Cedarvale Lanes 3883 Beau De Rue Dr. Eagan, MN 55122 Cub Foods 1940 Cliff Lake Rd. Eagan, MN 55122 Duckwood 66 #27536 3575 Pilot Knob Rd. Eagan, MN 55122 Eagan Amoco 4205 Nicols Rd. Eagan, MN 55122 Oasis Market #518 3390 Coachman Rd. Eagan, MN 55121 Oasis Market #590 4250 Lexington Ave. Eagan, MN 55121 3-S Green Mill Restaurant Great Northern Spirits 1940 Rahncliff Ct. 1970 Cliff Lake Rd., #101 Eagan, MN 55123 Eagan, MN 55122 Holiday Station Store #232 Holiday Station Store #68 4594 Nicols Rd. 1065 Diffley Rd. Eagan, MN 5512 Eagan, MN 55122 Holiday Station Store #247 1 Doolittles 3615 Pilot Knob Rd. 2140 Cliff Rd. Eagan, MN 55122 Eagan, MN. 55122 E&M Liquor LaFonda's 1444 Yankee Doodle Rd. 3665 Sibley Memorial Hwy. Eagan, MN 55121 Eagan, MN 55122 Lanxang Oriental Grocery Liquor Shoppe 3904 Beau De Rue Dr. 4250 Lexington Ave. Eagan, MN 55122 55123 Lost Spur Country Club McG's 2750 Sibley Memorial Hwy. 1969 Silver Bell Rd. Eagan, MN 55121 Eagan, MN 55122 MGM Liquor Warehouse PDQ #214 4182 Pilot Knob Rd. 4198 Pilot Knob Rd. Eagan, MN 55123 Eagan, MN 55123 Rainbow Foods Silver Bell Liquor 1276 Town Centre Dr. 1983 Silver Bell Rd. Eagan, MN 55123 Eagan, MN 55122 Rudy's Sinclair Snyder's Drug Store #32 3946 Nicols Rd. 3914 Sibley Memorial Hwy. Eagan, MN 55122 Eagan, MN 55122 Snyder Drug Store #61 Stark's Saloon 1565 Cliff Rd. 3125 Dodd Rd. Eagan, MN 55122 Eagan, MN 55121 Stuart Anderson's Cattle Co. Super America #4049 1288 Promenade Pl. 4200 E. Hwy. 13 Eagan, MN 55121 Eagan, MN 55122 3� Super America #4182 Super America #4335 1406 Yankee Doodle Rd. 1379 Town Centre Dr. Eagan, MN 55121 Eagan, MN 55123 Super America #4464 Texaco Superstore 2250 Cliff Rd. 1579 Cliff Rd. Eagan, MN 55122 Eagan, MN 55122 Tobacco Warehouse Tobak Shack 2149 Cliff Rd. 3950 Sibley Memorial Hwy. Eagan, MN 55122 Eagan, MN 55122 Tom Thumb #166 Tom Thumb #273 1446 Yankee Doodle Rd. 1815 Diffley Rd. Eagan, MN 55121 Eagan, MN 55122 Total Total 4206 Nicols Rd. 2000 Rahncliff Rd. Eagan, MN 55122 Eagan, MN 55122 Valley Lounge Wa1Mart #1786 3385 Sibley Memorial Hwy. 1350 Town Centre Dr. Eagan, MN 55122 Eagan, MN 55121 Walgreens Walgreens 1278 Town Centre Dr. 2010 Cliff Rd. Eagan, MN 55123 Eagan, MN 55122 Byerly's Wines & Spirits Jensen's Supper Club 1299 Promenade Pl. 3840 Sibley Memorial Hwy. Eagan, MN 55121 Eagan, MN 55122 37 Agenda Information Memo December 3, 1997 ,.1 ACTION TO BE CONSIDERED: To authorize the preparation of a Feasibility Report for Project 728 (Evergreen Park Addition - Street Improvements). FACTS: • The resurfacing of the streets within the Evergreen Park Addition is programmed for 1998 in the 1997-2001 5 -Year CIP. • The neighborhood includes Lodgepole Drive, Sequoia Drive, Sigfrid Street, Hemlock Circle, Balsam Street, Ponderosa Circle, and Walfrid Street, all southwest of the intersection of Pilot Knob Road and Diffley Road. • Based on this CIP schedule, it would be appropriate for the City Council to authorize a preparation of a Feasibility Report to further refine the scope, cost, schedule and method of financing the resurfacing of the streets within this neighborhood. K. PROJECT 729, NVILDEILNESS RUN 5TH 6TH STREET IMPROVEMENT ACTION TO BE CONSIDERED: To authorize the preparation of a Feasibility Report for Project 729 (Wilderness Run 5T' and 6th Additions - Street Improvements). FACTS: • The resurfacing of the streets within the Wilderness Run 5th and 6th Additions is programmed for 1998 in the 1997-2001 5 -Year CIP. • The neighborhood includes Easter Lane, Dunrovin Lane, East Sigfrid Street, North Svensk Lane, East Balsam Street, Carlson Lake Lane, East Balsam Trail, North Nybro Lane, and North Malmo Lane, all northeast of the intersection of Pilot Knob Road and Wilderness Run Road. • Based on this CIP schedule, it would be appropriate for the City Council to authorize a preparation of a Feasibility Report to further refine the scope, cost, schedule and method of financing the resurfacing of the streets within this neighborhood. Agenda Information Memo December 3, 1997 ACTION TO BE CONSIDERED: To authorize the preparation of a Feasibility Report for Project 732 (Oak Pond Road and Oak Pond Circle - Street Improvements). FACTS: • The upgrading of Oak Pond Road and Oak Pond Circle is programmed for 1998 in the 1997- 2001 5 -Year CIP. * The streets are north of Cliff Road and west of Dodd Road. • Based on this CIP schedule, it would be appropriate for the City Council to authorize a preparation of a Feasibility Report to further refine the scope, cost, schedule and method of financing the upgrading of these streets. 31 Agenda Information Memo December 3, 1997 Eagan City Council Meeting M. CONSTRUCTION/DEMOLITION DEBRIS LICENSE FOR KIEGER ENTERPRISES 1075 HARRIET LANE ROSEVILLE ACTION TO BE CONSIDERED: To approve a construction/demolition debris license for Kieger Enterprises as presented. FACTS: City Code requires that all firms providing construction and demolition debris roll -off services be licensed on an annual basis. Kieger Enterprises has been operating in the City for an undetermined amount of time in 1997 without a license. Staff contacted the firm and requested they submit an application and pro -rated license fee for the remainder of 1997. The application has been reviewed by staff and is in order for approval by the Council. ATTACHMENTS: a Application enclosed without page number. U0 Agenda Information Memo December 3, 1997 Eagan City Council Meeting N. APPROVE 1998 SOUTH METRO DRUG TASK FORCE JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: To approve the 1998 South Metro Drug Task Force Joint Powers Agreement. FACTS: + Since 1988, the City of Eagan has participated in a Joint Powers Drug Task Force with the cities of Apple Valley, Burnsville and Lakeville and Dakota County. The agreement to continue this effort in 1997 is in order for approval by the various governing boards at this time. ATTACHMENTS: + Agreement on pages qll,-through 1998 JOINT POWERS AGREEMENT SOUTH METRO DRUG TASK FORCE The parties to this Agreement are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes 471.59. NOW THEREFORE, the undersigned governmental units. in the joint and mutual exercise of their powers, agree as follows. 1. Name. The parties did establish in 1988 and hereby maintain the South Metro Drug Task Force. 2. General Purpose. The purpose of this Joint Powers Agreement is to establish an organization to coordinate efforts to apprehend and prosecute drug offenders. 3. Members. The members of this Agreement shall consist of the following units of government.: City of Burnsville City of Eagan City of Apple Valley City of Lakeville Dakota County 4. State and Local Assistance for Narcotics Control Program. The City of Burnsville, acting on behalf of the South Metro Drug Task Force and. its members, shall apply for funding under the State and Local Assistance for Narcotics Control Program ("grant funds"). The Burnsville City Manager shall be the "authorized official" as defined in the general policies and procedures for the program. 5. Administrative Board. 5.1 The governing board of the Task Force shall be a Board consisting of six members. The police chief or sheriff of each party shall appoint one board member to serve at the chiefs or sheriffs pleasure. The Dakota County Attorney shall appoint one board member to serve at the County Attorney's pleasure. Board members appointed by the police chiefs and sheriff must be full-time supervisory peace officers of the jurisdiction or office that appoints the Board member. 5.2 Board members shall not be deemed employees of the Task Force and shall not be compensated by it. 5.3 In January of each year, the Board shall elect from its members a chair, a vice -chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. The Board may adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Board provided that at least ten (10) days' prior notice of the meeting has been furnished to each Board member. The Board shall operate by a majority vote of all members present. A quorum of four (4) members shall be required for all meetings. 6. Powers and Duties of the Board. 6.1 The Board will formulate a program to carry out its purpose. 6.2 The Board will coordinate intelligence between the members and the Task Force. 6.3 The Board shall appoint and supervise the Agent -in -Charge of the Task Force. (a) The Board may appoint and supervise an Assistant Agent -in -Charge of the Task Force. This appointment will be with the concurrence of the agent's member agency. 6.4 The Board may cooperate with other federal, state, and local law enforcement agencies to accomplish the purpose for which it is organized. 6.5 The Board may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of its purpose and consistent with its powers. 6.6 The Board shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following information: (a) the financial condition of the Task Force; (b) the status of all Task Force projects; (c) the business transacted by the Task Force; and ag 21_ (d) other matters which affect the interests of the Task Force. 6.7 The Task Force's books, reports, and records shall be open to inspection by its members at all reasonable times. 6.8 The Board may recommend changes in this Agreement to its members. 6.9 The members may not incur obligations or enter into contracts that extend beyond the term of this Agreement. 6.10 The Board may decide to purchase liability insurance which shall be payable from Task Force funds. 6.11 The Board may receive real bequest for the use of the Task Force. 7. Finances. or personal property by grant, devise, or 7.1 The members intend to fund the 1998 cost of operation of the Task Force totaling $486,060.00 as follows: (1) $193,000.00 from 1998 grant funds, and (2) $293,060.00 in matching funds from member cities'and County. The matching funds shall fund the continued cost of maintaining the replacement officers hired during 1988 for the officer assigned by each member to the Task Force. All funds will be spent in federally authorized program areas. 7.2 The Task Force's funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board shall designate the City of Burnsville to act as depository for the Task Force's funds. In no event shall there be a disbursement of Task Force funds from the Citv of Burnsville depository without the signature of the Task Force secretary/treasurer. 7.3 The Board shall receive a monthly financial report of all expenditures and receipts, and current fund balances from the secretary/treasurer. 7.4 The members shall contribute their grant funds and required matching funds to operate the Task Force. The required matching funds from each member will be used to pay the 1998 salary of the officer hired in 1988 to replace the officer assigned to the Task Force. 7.5 The Board shall adopt a budget based upon grant funds, member matching funds and money made available from other sources. The Board may amend the budget from time to time. 7.6 The Board may not incur debts. 7.7 The Task Force's obligation to reimburse members for any expense, furnish equipment, and the like is contingent upon the Task Force receiving at least $193,000.00 in grant funds in 1998. If grant funds less than that amount are received, the Board may reduce the level of expense reimbursement and cut back on equipment and other purchases otherwise required by this Agreement. 8. Agent. 8.1 Each member shall assign one experienced, licensed peach officer to serve on the Task Force on a full-time basis. 8.2 Agents shall not be employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be paid by that member, not the Task Force. 8.3 Agents will be responsible for drug investigation, including intelligence management, case development, and case charging. Agents will also assist other agents in surveillance and undercover operations. Task Force agents will work cooperatively with assisting agencies. 8.4 Agents will be supervised by the Agent -in -Charge or, in his/her absence, by the Assistant Agent -in -Charge. 8.5 The member appointing the Agent shall furnish the Agent a weapon and a vehicle and pay any lease payments, insurance, maintenance, and operating costs of the vehicle. 8.6 The members shall maintain the officer positions hired in 1988 to replace the officer assigned to the Task Force. 9. Agent -in -Charge and Assistant Agent -in Charge. 9.1 From the Agents assigned by members, an Agent -in -Charge shall be appointed by the Board and serve at its pleasure. The Agent -in -Charge must be a full-time, licensed peace officer of a member and shall be paid a supervisor's salary by that member. The difference between the rate of pay, if any, the Agent -in -Charge would normally have received from the member and the rate of pay for the member's first line supervisor, however, will be paid by the Task Force. The Agent -in -Charge shall remain an employee of the member city or County. 9.2 The Agent -in -Charge shall be in charge of the day-to-day operation of the Task Force, including supervising the Task Force's assigned personnel, subject to direction received from the Board. The Agent -in -Charge is responsible for staffing, scheduling, case assignment, case management, record keeping, age informant management, buy fund management, petty cash management, and intelligence management. The Agent -in -Charge will be responsible to keep the Board updated as to the Task Force's activity, which would include major case development within member jurisdictions. The Agent -in -Charge will supervise the drafting and execution of all search warrants initiated by the Task Force Unit and will work cooperatively with the agencies with venue over the case. The Agent -in -Charge will be responsible for all buy fund monies and petty cash funds and will provide Board members with a monthly accounting of all funds disbursed and a written summary of activity with the unit. 9.3 The Agent -in -Charge may exclude Agents from further Task Force involvement subject to review by the Board and approval of the member that assigned the Agent to the Task Force. 9.4 From the Agents assigned by members, an Assistant Agent -in -Charge may be appointed by the Board, with the concurrence of the Agent's member agency, and serve at its pleasure. The Assistant Agent -in -Charge must be a full-time, licensed peace officer of a member and shall be paid a supervisor's salary by that member only during that time that the Agent -in -Charge is absent. The difference between the rate of pay, if any, the Assistant Agent -in -Charge would normally have received from the member and the rate of pay for the member's first line supervisor, however, will be paid by the Task Force. The Assistant Agent -in - Charge shall remain an employee of the member city or County. 9.5 The duties, responsibilities and authority of the Assistant Agent -in - Charge, while the Agent -in -Charge is absent, shall be the same as the Agent -in - Charge as described in paragraph 9.2. 10. Forfeiture, Seizures and Fines. Items that are seized by the Task Force may be used to support Task Force efforts. The use of these items must be approved by the Board. In the case of Federal forfeiture actions, established Federal Rules shall be followed. All remaining forfeited items shall be divided equally among Task Force members. Fine or restitution monies ordered paid to the Task Force by Court Order shall be used to offset equipment or operating costs of the Task Force not funded by grant or matching funds. 11. Headquarters. The Task Force is physically located in separate offices at the City of Burnsville, which is provided at no cost to the Task Force. All utilities, including electricity, heat, air conditioning, and the like shall also be furnished to the Task Force without cost. 12. Indemnification. Each member shall fully indemnify and hold harmless the other members against all claims, losses, damage, liability, suits, judgments, costs and expenses by reason of the action or inaction of its employees assigned to the Task Force. This agreement to indemnify and hold harmless does not constitute a waiver by any member of limitations on liability provided by Minnesota Statutes, Chapter 466. 13. Duration. 13.1 This Agreement shall take full force and effect when all five potential members, listed in paragraph 3. of this Agreement, sign it. All members need not sign the same copy. The signed Agreement shall be filed with the City of Burnsville, who shall notify all members in writing of its effective date. With the exception of paragraph 4 of this Agreement, implementation is also contingent upon receipt of grant funds. Prior to the effective date of this Agreement, any signatory may rescind its approval. 13.2 This Agreement shall terminate on December 31, 1998, unless extended by further written agreement of the parties. 13.3 This Agreement may be terminated at any time by the written agreement of 3/5 of the members. 13.4 Upon termination of this Agreement, all property of the Task Force shall be sold or distributed to the members in proportion to the contributions of each member of this Agreement. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes 471.59. Approved by the City Council CITY OF LAKEVILLE _ By Approved by the City Council age Date of Signature Attest Date of Signature CITY OF BURNSVILLE By Date of Signature Attest Date of Signature Approved by the City Council Approved by the City Council Approved by Dakota County Board Resolution No. Dakota County Attorney's Office Dakota County Judicial Center 1560 West Highway 55 Hastings, Minnesota 55033 Telephone: (612) 438-4438 C/K97-407 CITY OF EAGAN By Date of Signature _ Attest Date of Signature CITY OF APPLE VALLEY By Date of Signature Attest Date of Signature COUNTY OF DAKOTA By Don Gudmundson, Sheriff Date of Signature Approved as to Form - Assistant County Attorney Date of Signature Approved as to Execution by By Assistant County Attorney Date of Signature Agenda Information Memo December 3, 1997 Eagan City Council Meeting O. APROVE THE RESOLUTION AUTHORIZING THE REFUNDING OF THE CINNAMON RIDGE MULTI -FAMILY HOUSING REVENUE BONDS ACTION TO BE CONSIDERED: To approve the resolution authorizing the refunding of the Cinnamon Ridge multi -family housing revenue bonds. FACTS: +� The City has been asked by representatives of the Cinnamon Ridge Limited Partnership to assist in the restructuring of the Multi -Family Housing Revenue Refunding Bonds $8,000,000 Series 1992 Cinnamon Ridge Project. * The bonds for this project were originally issued in 1985 and were first refunded in 1992. ♦ The City has engaged both Springsted as the City's fiscal consultant and Steve Rosholt of Fagrae and Benson as the City's bond counsel to review the proposed transaction. The required public hearing was held on October 7, 1997 and closed with no action. ISSUES: ♦ This approval should be contingent upon the agreement presetned to the City HRA earlier in the meeting being approved. ATTACHMENTS: ! Resolution on pages )throughZV 11/25/97 TUE 12:21 FAX. 612 396 5027 FAEGRE & BENSON Extract of Minutes of Meeting of the City Council of the City of Eagan, Minnesota Pursuant to due tail and notice thereof, a special meeting of the City Council of the City of Eagan, Minnesota was duly held at City Hell in said City on Wednesday, the 3rd day of December, 1997, at o'clock P.M. The following Council members were present: and the following were absent: The Mayor announced that the meeting was open for consideration of the issuance of refunding bonds to refund the City's outstanding Multifamily Housing Revexwe Bonds (Cinnamon Ridge Project), Series 1992 and Multifamily Housing Revenue Second Mortgage Re ading Note of 1992 (Cimasman Ridge Project). Council Member and moved its adoption: R-96% introduced the following written resolution So 612 336 3027 @1002 11-25-97 01:26?M P002 #02 11/25/97 TUE 12:21 FAX 612 336 3027 FAEGRE & BENSON A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF MULTTFAMILY HOUSING REVENUE REFUNDING BONDS (CINNAMON RJ DOE APARTMENTS PROJEC7), SERIES 1997 TO PROVIDE FUNDS TO REFUND BONDS ISSUED FOR MULTIFAMILY HOUSING PROJECT Member thereof The motion for adoption of the foregoing resohtion was duly Seconded by Council and upon vote being taken thereon the following voted in favor and the following voted against the same: whereupon said resolution was declared duly passed and adopted. S( X1003 R-96% 612 336 3027 11-25-97 01:26PM P003 ##02 11/25/97 TUE 12:21 FAX 612 338 3027 FAEGRE A BENSON R-96% RESOLUTION NO. A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF MULTIFAMILY HOUSING REVENUE REFUNDING BODS (CM-FAMON RIDGE APARTMENTS PROJECT), SERIES 1997 TO PROVIDE FUNDS TO REFUND BONDS ISSUED FOR MULTIFAMILY HOUSING PROJECT BE IT RESOLVED by the City Council of the City of Eagan, Minnesota (the "City:'), as follows: 1. Authority. The City is, by the laws of the State of Minnesota, including Minnesota Statutes, Chapters 462, 462A and 462C, as amended (the "Ace'), authorized to issue and sell its revenue bonds for the purpose of financing the cost of authorized projects, to refund revenue bonds previously issued for such purpose and to enter into contracts necessary or convenient in the exercise of the powers granted by the Act. 2. Authorization of Project: Documenta Presented, Cimmon Ridge Limited Partnership, a Minnesota limited partnership (the `Borrower") has proposed to the City that the City issue and sell its City of Eagan Multifamily Housing Revenue Refimding Bonds (Cinnamon Ridge Apartments Project), Series 1997 (the `Bonds"), in substantially the form set forth in the hercinaiier-mentioned Trust Indenture, pursuant to the Act to refimd the City's outstanding Multifamily Housing Revenue Refunding Bonds, (Cinnamon Ridge Project), Series 1992 and Multifamily Housing Revenue Second Mortgage Refunding Note of 1992 (together the "Prior Bonds"), and thereby to refinance the Borrower's housing facility in the City (the "Project"). The Borrower has agreed, in connection with the refinancing, to amend the terms of the Interest Rate Reduction Loan by the Dousing and Redevelopment Authority in and for the City of Eagan to advance the terms of repayment thereof. Forms of the following documents relating to the Bonds have been submitted to the City Council and are ww on file in the office of the City Clerk: (a) Loan and Financing Agreement (the "Financing Agreement) dated as of December 1, 1997, between the City and the Borrower whereby the City agrees to redeem and prepay the Prior Bonds, and the Borrower agrees to pay amounts sufficient to provide for the full and prompt payment of the principal of, premium, if any, and interest on the Bonds, and the City agrees to issue the Bonds. (b) Trust Indenture (the "Trust Indenture") dated as ofDemmber 1, 1997, between the City and The Bank of New York, New York, New York, as Trustee, pledging the revenues to be derived from the Financing Agreement and other security for the Bonds, and setting forth proposed recitals, covenants and agreements relating thereto; (c) Mortgage, Security Agreement and Assignment of Rats and Leases dated as of December 1, 1997 (the `Mortgage") from the Borrower to the City creating it mortgage lien on the Project (d) Assagnmetjt ofNote dated as of December 1, 1997 (the "Note Assignment") $om the City to the Trustee assigning the Borrower's Note to the Trustee; 5612 336 3027 121 004 11-25-97 01:26PM P004 #02 11/25/97 TUE 12:22 FAX 612 336 3027 FAEGRE do BENSON Q005 (e) Amended and Restated Regulatory Agreement dated as of December 1, 1997 (the "Regulatory Agreement") between the City, the Borrower and the Trustee. 3. F21&S$. It is hereby found, determined and deelared that: (a) The Bonds are being issued at the request of the Borrower to refund the Prior Bonds. (b) There is no litigation pending against the City or, to its actual knowledge, threatened against the City relating to the Prior Bonds, or questioning the City's authority to execute and deliver the Bonds, the Financing Agreement, the Trust Indenture, the Note Assignment or the Regulatory Agreement or questioning the organization, powers or authority of the City. (c) The City Council, on October , 1997, after due publication of notice of public hearing, held a public hearing with respect to the issuance ofthe Bonds to refinance the Project. (d) Under the provisions of the Art, the Bonds are not to be payable from nor charged upon any funds other than amounts payable pursuant to the Financing Agreement and moneys in the funds and accounts held by the Trustee which are pledged to the payment thereof, the City is not subject to any liability thereon; no holders of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City; the Bonds shall never constitute an indebtedness of the City, within the meaning of any state constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City and each Bond issued under the Trust Indenture shall recite that the Bond, including interest thereon, shall not constitute a charge against the general credit or taxing powers of the City and does not grant to the owner or holder of any Bond the right to have the City levy tames or appropriate any funds for the payment of principal thereof or the interest or premhm� if any, thereon, and that the Bond is not a general or moral obligation of the City or an obligation of the individual officers or agents thereof 4. Approval and Execution of DQcurnogs. The forms of Financing Agreement, Mortgage, Trust Indenture, Regulatory Agreement and Note Assignment referred to in paragraph 2 are approved. The Financing Agreement, Trust indenture, Note Assignment and Regulatory Agreement are hereby authorized to be executed in the name and on behalf of the City by the Mayor and the City Clerk or other appropriate City officials authorized to execute documents on their behalf at such time, if arty, as they in their discretion may deem appropriate, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers eaecutmg the same, which approval shall be conclusively evidenced by the execution thereof. Copies of a1I documents shall be delivered and filed as provided therein_ 53 R-96% 612 336 3027 11-25-97 01:25PM P005 #02 11/25/97 TUE 12:22 FAX 612 336 3027 FAEGRE & BENSON W006 5. Anprovala ExecALM and Delivery of13onds. The issuance of the Bonds by the City is hereby authorized in the forms and upon the terms set forth in the Trust Indenture, which terms are for this purpose incorporated in this resolution and made a part hereof The proposal of Municipal Mortgage and Equity, L.L.C. to purchase the Bonds at a price ofpar plus accrued interest is hereby accepted. The Mayor and City Clerk are authorized to execute the Bonds as prescribed in the Trust Indenture and to deliver them to the Trustee, together with a certified copy of this Resolution and the other documents required by the Trust Indenture, for authentication and delivery to the purchaser. As provided in the Trust Indemue, each Bond shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity and regWarity of the issuance thereof 6. Cet9cates etc. The Mayor, City Clerk, and other officers of the City are authorized to prepare and furnish to bond counsel and the purchaser of the Bonds, when issued, certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; and ail such certified copies, certificates and affidavits, including any heretofore famished, shall constitute representations of the City as to the truth of all statems contained therein. MI -01230"07 S R-96% 612 3 6 3027 11-25-97 01:26PM P006 #02 Agenda Information Memo December 3, 1997 ACTION TO BE CONSIDERED: To receive the petition to vacate a sanitary sewer easement within Outlot A, Robins Addition and schedule a public hearing to be held on January 6, 1998. FACTS: * On November 3, 1997, City staff received a petition requesting said vacation in conjunction with the sale of the property by RES Investment Company, L.L.P. The sale of the property is conditioned on the vacation of the easement. ■ The purpose for the request to vacate the easement is that the buyer intends to build in the easement area. • It will be necessary to determine if the sanitary sewer easement recorded in 1970 is still actually needed and if the easement vacation requested is appropriate. A preliminary review did not indicate an existing sanitary sewer within the easement, although both ends of this section of easement intersect existing sanitary sewers. ATTACHMENTS: • Location map, page. • Easement description graphic, page. 55 PROPNO EASEMENT VACATION WE OCTA 'NTERSTATE 494 I 'BLUE GENTIAN TRS, '� tiw r Al, s I s 1 � Iry KENNETH ST. C` BEATRICE ST. ! vs �S'TF, McKEE ST. KEEFE ST.r __Ir LLJ a � I O Q — O Z W � CORD. 26 LONE OAK f OA^ i > O� m j I SECTION 2 city of eagan PUBLIC WORKS DEPARTMENT LOCATION MAP i C IWA S I ROAD I f� I I m s toin O r Z a = m a PROPOSED VACATION 176.01 O 1* Z ^ N I T / IN I I � 4 0 O I Z I o II I OIO ICL OF 30 FT. NSP I GAS UNE EASEMENT] (� R DOC. NO. 66 00 7864 O 15 Zi N �$ 1 NNo. h 'p0 Os I hti �9g• � 1 / aZ Zm 1 C 3 W / p M `� nuj DOC; n 0-i 10 DO r r W A I I I 108.46 10 SII' 4 ` I 10 I SAL I III W F_'i6N - � Wa II po$o W III Z N� 100 II " fT 'Ill III � III POWER POLE rl! I III NUNP _ tO- i y �� /c BUILDING o SETBACK 3 x 2 n UNE 011 c) �O / 1.10 ` C 0( 0 00' Q0) O Z r I I i 233.00 , I � 1 r 1 A A r-.-. -r r- A n /' /17 L_n LJ N89°02'51 "W 409. I 15 FT. UTILITY LINE EAM PER DOC. NO. 378244 ND Z CHAINLINK FENL- UTILITY 34 X8.16 SIGN 35"`N (PROP. COR. TO CL I OF GAS EASEMENT) Agenda Information Memo December 3, 1997 Eagan City Council Meeting PUBLICIREARINGS A. PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 1998 ACTION TO BE CONSIDERED: 1. To close the public hearing and set the levy and budget considerations for action at the December 16, 1997 meeting. OR 2. Continue the public hearing to 7:00 p.m., Tuesday, December 16, 1997 (Continuation date must be announced if the hearing is continued.) FACTS: + The City is required by state law to hold this truth in taxation public hearing to consider the 1998 payable tax levy and the 1998 budget. + Parcel specific notices showing the comparison of actual 1997 taxes to projected 1998 taxes have been sent to each property owner in the City. ♦ In addition to the mailed parcel specific notices, published notice is also required. That notice which invites property owners to attend the public hearing has been published in the Eagan This Week, Eagan Sun Current and Dakota County Tribune. The legal requirement is for publication in a newspaper which is circulated throughout the City. ♦ The City's final levy and final budget cannot be adopted at the truth in taxation public hearing but can be adopted at the continuation hearing if one is held. ♦ The City's tax capacity rate for the truth in taxation notices is 25.288 (City 22.315, MVTA 2.973) compared to the rate of 24.569 (City 21.743, MVTA 2.826). ♦ The City has received no telephone calls and no letters based on the notices. 4 Staff has prepared handout material for the public hearing which can be used at the meeting and mailed to any interested property owners. ATTACHMENTS: ♦ Comparative summaries of revenues and expenditures are enclosed on page through Enclosed without page number is the handout material. E, • 0 C� General Fund Revenue Sources S� 1997 Budget 1998 Budget % Change % of % of from 1997 Amount Total Amount Total to 1998 Property Tax $10,908,300 68.4% $11,210,900 68.1% 2.8% Licenses 118,900 0.76A 163,100 1.0% 37.2% Permits 594,300 3.7% 514,400 3.1% -13.4% Intergov't Revenue 2,045,400 12.8% 2,150,700 13.1% 5.1% Charges for Services 620,700 3.9% 592,000 3.6% -4.6% Recreation Charges 326,600 2.0% 341,800 2.1% 4.7% Fines and Forfeits 200,000 1.3% 200,000 1.2% 0.0% Other Revenues 289,400 1.8% 358,800 2.2% 24.0% Program Revenues 717,600 4.5% 761,500 4.6% 6.1% Transfers 130,900 0.8% 168.600 1.0% 28.8% TotalsA� 516.461.800 iQ 3.2% S� 98budexp 1998 GENERAL FUND BUDGET COMPARATIVE SUMMARY OF EXPENDITURES 4�� 1996 1997 1998 % change Actual Budget Proposed 17 to '98 QENL GOVERNMENT 01 Mayor & Council $ 96,177 $ 104,600 $ 107,900 3.2% 02 Administration 639,424 657,100 686,000 4.4% 03 Data Processing 417,373 496,200 498,300 0.4% 05 Finance/City Clerk 858,907 890,200 905,700 1.7% 06 Legal 305,189 315,800 330,000 4.5% 07 Community Development 1,190,110 1,338,600 1,268,500 -5.2% 10 Cable TV 28,203 15.700 39,100 149.0% Gen Govt Total 3,535,383 3,818,200 3,835,500 0.5% PUBLIC SAFETY 11 Police 5,530,963 5,711,800 5,999,900 5.0% 12 Fire 842,661 878,200 906,900 3.3% Public Safety Total 6,373,624 6,590,000 6,906,800 4.8% PUBLIC 21 WORKS Public Works Engineering 817,273 925,000 926,400 0.2% 22 Streets & Highways 1,116,050 1,045,600 1,100,900 5.3% 24 Central Svices. Maint. 357,000 365.§00 373.,900 2.3% Public Works Total 2,290,323 2,336,100 2,401,200 2.8% PARKS & RECREATION 31 Parks & Recreation 2,054,659 2,184,200 2,259,700 3.5% 32 Forestry 212,622 212.900 210.100 -1.3% Parks & Rec Total 2,267,281 2,397,100 2,469,800 3.0% Q.ENL GOVT BI -DC MAINT 33 Building Maintenance 448,369 497,100 534,900 7.6% OTHER . 41 Contingency --designated - 114,500 - -100.0% Contingency--undesignate( - 199,100 313,600 57.5% Contingency Total - 313,600 313,600 0.0% Total Expenditures - General Fund $ 14.914.980 $ 15.952.100 $ 16.461.800 3.2% 4�� Agenda Information Item December 3,1997 Eagan City Council Meeting B. CEDARVALE SPECIAL SERVICE DISTRICT -1998 BUDGET ACTION TO BE CONSIDERED: • To close the public hearing and approve or deny the 1998 proposed Cedarvale Special Service District budget in the amount of $11,800. FACTS: ■ The District is recommending that the 1998 budget be maintained at the previous year's level of $11,800. The budget includes pylon sign maintenance ($2,000), continued mowing and maintenance ($3,000) and the remaining balance ($6,800) could be used to finance studies associated with the potential redevelopment district, being considered for this area. ■ Current 1997 expenditures are currently within budget and year-end figures will be available in January 1998. «* Based on changes in the calculation of valuation of all properties included in the district individual tax bills may fluctuate from the 1997 bills. • A Special Service District neighborhood meeting was held on October 23, 1997 to discuss the potential 1998 budget and work plan. Approximately 15 members of the district were in attendance. At that meeting it was determined that no additional increase was necessary and that the budget should remain at $11,800.00. BACKGROUND: Hearing notice to district members - Pages(4 - :7 0 r atV QF Cagan TO: Members of the Cedarvale Special Service District THOMAS EGAN Mayor PATRICIA AWADA FROM: Shannon Tyree, Planner BEA BLOMQUIST SANDRA A. MASIN THEODORE WACHTER DATE: November 4,1997 Council Members THOMAS HEDGES SUBJECT: Public Hearing Notice: City AcminlstrOTOr Proposed 1998 Cedarvale Special Service District Budget. E. J. VAN OVERBEKE The public hearing for the Cedarvale Special Service District Budget is scheduled for: Date: December 3,1997 City Council Meeting Time: 7:00 p.m. Location: City of Eagan City Council Chambers In October, two notices for a neighborhood meeting were sent and.the meeting was held on October 23, 1997. At that meeting the 1998 proposed budget was discussed and the members in attendance recommended no change in the budget. It was the original intent to spread the cost of the sign over three years. Howgveri; the sign has since been paid. The members of the district at the budget discussion meeting oi..October 23, 1997 determined that the amount levied could remain the same as the previous two.'years, and that the funds in excess of maintenance costs could be used to finance studies associated with the potential redevelopment district which is being considered for the area. L The budget sent to the Council for its approval contains no change and no increases from last year's budget. The Special Service District is within budget for 1997 and those final figures will be available in January 1998. It should be noted, based on changes in the overall valuation of all properties in the district individual tax bills may fluctuate from the 1997 bill. The attached sheet indicates projected 1998 Special Service District tax rates. It is anticipated that the next Special Service District meeting will occur in January. Notices will be sent to all members with an exact date and time. During 1998,.the Special Service District will be looking at potential ideas for future activities in the district. Your input is valuable and vital for the success of the Cedarvale area. If you are interested and/or have questions or comments please contact me at 681-4687. /attachment MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT EAGAN. MINNESOTA 55122-180' EAGAN. ML -SOIA 5 :22 PHONE (612).681-4600 PHONE (6 i 2) 681-43CC FAX: (612) 681.4, 2 Equol Opportunity/Affirmative Action Employer FAX (67 2) tE'-4360 TDD(612) 454.8535 TDD (612; 4.4-8535 Section 1. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 32, to read as follows: Subd. 32. Adult Establishments. B. Definitions. 5. Substantial or significant portion of the business or establishment, for purposes of this Article, means that more than one-fourth (1/4) of the portion of the floor area or more than 350 square feet of the business (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public, or any portion open to employees only), whichever is less. is devoted to items, merchandise or other material that is distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas". Section 3. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 11(B)(21), to read as follows: 21. Adult Establishmentsubject to the regulations thereof in Chapter 6 of this Code No adult establishment may be located within 1.000 feet of another adult establishment residential use. day care provided, on or off -sale liquor establishments- _park or P i lic facili1y. No two 2) adult establishments can be in the same building but mut be spaced 1,000 fi Section 4. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 12(B)(9), to read as follows: 9 Adult Establishments, subject to the regulations thereof in Chapter 6 of this Code No adult establishment may be located within 1,000 feet of another adult establishment,, residential use, day care provided. on or off -sale liquor establishments,_park or Public facility. No two (2) adult establishments can be in the same building but must be spaced 1,000 feet apart. Section 5. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 16(B)(18), to read as follows: 18. Adult Establishments -eject to the regulations thereof in Chanter 6 of this Code No adult establishment may be located within 1 000 feet of another adult eats lishment, residential use, day care provided, on or off sale liquor establishments, park or Public facility. No two (2) adult establishments can be in the same building but must be spaced Section 6. Eagan City Code Chapter 11 is hereby amended by adding Section 11. 20, Subd. 19(B)(8), to read as follows: (,3 ESTIMATED 1998 BUDGET CEDARVALE SPECIAL SERVICE DISTRICT ESTIMATED COST Total Rudcet Assessment o r 51000 aposed Budget 11,800.00 0.000844 1998 ausrness Parcel # 1997 LAND 1997 BLDG 1997 TOTAL U -Haul 10-01900-010-03 70,500.00 43,000.00 113,500.00 Superior Collision 10-13700.010-01 88,500.00 266,500.00 355,000.00 Sherwin Williams 10-13700-020-01 80,700.00 168,600.00 249,300.00 Motec Transmission 10-13700-040-01 87,100.00 37,700.00 124,800.00 Mediterranean Cruise 10-13700-050-01 68,400.00 68,100.00 136,500.00 Old Dominos 10-13700-060-01 41,200.00 48,100.00 89,300.00 Old Crown Auto 10-13700-070-01 53,700.00 151,300.00 205,000.00 House of Wing 10-01900.100-08 78,400.00 95,700.00 174,100.00 Sinclair 10-01900-010.08 152,400.00 34,900.00 187,300.00 Ace Hardware 10-01900-020-08 25,500.00 74,500.00 100,000.00 Null's 10-01900.030-08 38,300.00 27,700.00 66,000.00 Prowire 10-01900-040-08 35,600.00 31,000.00 66,600.00 Sara Self Self Laundry 10.01900-050-08 25,900.00 34,100.00 60,000.00 Valley Bike and Ski 10-01900-080-08 55,500.00 111,900.00 167,400.00 Goodyear 10-01900-070.08 74,100.00 147,600.00 221,700.00 Colonial Pride Car Wash 10-01900-090-08 58,800.00 57,900.00 116,700.00 Kinder Kollege 10-01900-020.07 88,200.00 148,000.00 236,200.00 AVVR 10-01900-080-06 51,700.00 117,300.00 169,000:00 Sick Kid Kare 10-01900-011-07 21,700.00 113,500.00 135,200.00 Cedarvale Mall 10-01900-051-06 1,007,300.00 1,187,500.00 2,194,800.00 First Star Bank 10-01900-010-06 214,300.00 106,600.00 320,900.00 Cad Off Parranto Trust 10-16850-031-01 18,800.00 101,900.00 120,700.00 Cod Off vac 10.16850-040-01 4,200.00 0.00 4,200.00 Cad Off Vac 10-16850-050-01 4,300.00 0.00 4,300.00 Ced Off Ellingson 10-16850-081-01 12,100.00 56,000.00 68,100.00 Ced Off DC Realtors 10.16850-123.01 12,600.00 76,100.00 88,700.00 rad Off Translnt'1(Miller) 10-16850-122-01 10,300.00 52,700.00 63,000.00 Off DDI 10-01900-071-06 15,600.00 16,300.00 31,900.00 _..d Off P. Becker 10-01900-072-06 23,500.00 14,700.00 38,200.00 Ced Off R. Fuller 10-01900-073-06 14,600.00 81900.00 23,500.00 Cad Off A. Paymar 10.01900-074-06 23,500.00 21,200.00 44,700.00 Norwest Bank 10-16901-040-01 64,000.00 210,400.00 274,400.00 Jansen's Supper Club 10-16901.030-01 117,500.00 228,900.00 346,400.00 Texaco 10-16901-020-01 97,300.00 58,300.00 155,600.00 Splatball Indoor 10.01900-050-04 84,000.00 243,400.00 327,400.00 Ariens 10-01900-020-04 88,600.00 103,400.00 192,000.00 Express Donuts 10-01900-010-04 90,000.00 71,400.00 161,400.00 Twin City Poultry 10-01900-030-04 75,500.00 212,500.00 288,000.00 Cedarvale Lanes 10-16901-010-01 269,200.00 485,800.00 755,000.00 Mc Donalds 10-01700-020-54 139,900.00 280,500.00 420,400.00 Silver Bell Center 10-68100.010-01 572,500.00 327,500.00 900,000.00 MEI 10-13520-020-01 21,600.00 98,600.00 120,200.00 Copiers/Fax 10-13520-010-01 54,600.00 5,800.00 60,400.00 Instant Testing 10-01900-020-12 85,300.00 80,200.00 165,500.00 Pet Clinic 10-01900-030-12 77,000.00 131,000.00 208,000.00 Gleasons Gym 10-01900-011-11 368,500.00 79,500.00 448,000.00 D.P. Photo/ Lumber 10-01900-012-11 87,100.00 22,300.00 109,400.00 Big Top 10-72840.020-01 48,700.00 120,300.00 169.000.00 Cedarvale Highlands 10.72840-010-01 345,200.00 2,434,800.00 2,780,000.00 10-01900-011-02 100,000.00 0.00 100,000.00 State of MN 10-19000-020-27 0.00 0.00 0.00 10-16850-060-01 6,700.00 0.00 6,700.00 10-16850-082-01 3,600.00 0.00 3,600.00 Marsha Ellingson 10-16850.090-01 7,200.00 0.00 7,200.00 10-16850_-111-01 6,400.00 0.00 6,400.00 TOTAL 5,367,700.00 8,613,900.00 13,981,600.00 These are only cost estimates. The final numbers will be based on Assessed 97, Payble 98 valuation figures, the final budget approved at the Public Hearing. Please phone Shannon Tyree (681.4687) with any corrections. 95.79 299.61 210.40 105.33 115.20 75.37 173.01 146.93 158.07 84.40 55.70 56.21 50.64 141.28 187.11 98.49 199.34 142.63 114.10 1,852.34 270.83 101.87 3.54 3.63 57.47 74.86 53.17 26.92 32.24 19.83 37.73 231.58 292.35 131.32 276.31 162.04 136.22 243.06 637.19 354.80 759.57 101.44 50.98 139.68 175.55 378.10 92.33 142.63 2,346.23 84.40 0.00 5.65 3.04 6.08 5.40 11,800.00 Agenda Information Item December 3,1997 Eagan City Council Meeting OLD BUSINESS A. PRELIMINARY SUBDIVISION - PINETREE PASS ADDITION - LUNDGREN BROTHERS INC. ACTION TO BE CONSIDERED: • To approve or deny a Preliminary Subdivision (Pinetree Pass) for 127 lots and four outlots located on approximately 72 acres, south of Cliff Rd, west of Thomas Lane and Walden Drive, north of Wellington Way and east of Cambridge Drive and Covington Lane in the NE 1/4 of Section 33. • To approve or deny a 2% Variance to the maximum 8% cul-de-sac grade. FACTS: • At the November 18, 1997 City Council meeting the Rezoning request from A - Agriculture to R-1 Single Family was approved for approximately 58 acres. ISSUES: • Staff met Monday, November 24, 1997 with Lundgren Brothers to discuss the outstanding issues At that meeting it was determined that the engineering issues could be successfully negotiated between preliminary and final subdivision approval. A location/designation for the well site has been identified. This site will be identified on the plat and excluded from the R-1 zoning designation. Please refer to a memo prepared by the Director of Public Works. • The future boundary and park development of Walden Heights Park remains unresolved. A color copy- has been included in the packet to illustrate the dry park acreage above the 100 -year flood level. BACKGROUND: Memo from Tom Colbert, Director of Public Works - page�� o- •�---. Pre. Subdivision indicating dry park area above 100 -yr. Flood elevation - pagesQ_J(4? - MEMO city of eagan TO: MAYOR & CITY COUNCIL C/O THOMAS HEDGES, CITY ADMINISTRATOR FROM: TOM COLBERT, DIRECTOR OF PUBLIC WORKS DATE: NOVEMBER 24,1997 SUBJECT: PINE TREE PASS — WELL SITE LOCATION Condition #10 of the staff's planning report for the above -referenced subdivision states: The developer shall dedicate an Outlot on the final plat with a minimum size of 100 x100 x100' along the west edge of the property, north of the existing wetland (Pond BLP -57) for acquisition by the City for a well site. The necessary raw water transmission lines to serve the well shall be installed at the time of this development. At the City Council meeting of November 18, the City Council approved a rezoning of approximately 58 acres from Agricultural (AG) to Single Family (R-1), excluding the well site, and continued consideration of the preliminary subdivision to the December 3 or 16 Council meeting. Based on the 1988 and 1996 Comprehensive Water Supply & Distribution Plan, a well site was proposed as shown on the undeveloped property as well as its relationship to the proposed plat being presented to the Council for preliminary approval. As can be seen, the proposed preliminary plat does not take into consideration this well site location. The developer has requested the City to evaluate an alternate location in the southeast corner of the proposed passive park. The results of the hydraulic groundwater model analysis of this alternate site is not yet available to determine whether this is feasible. According to the Minnesota Department of Health Standards, a well head cannot be located any closer than 50' to any buried utility, property line, easement, high water elevation or similar source of potential inflow/infiltration contamination. Until an acceptable alternate location has been found and all affected properties properly rezoned, any plat approval should conform to the approved zoning and conditions recommended by the staff. I'd be happy to provide additional information regarding this issue, if necessary. Director of Public Works TAC/jj Cc: Russ Matthys, City Engineer Shannon Tyree, Project Planner Wayne Schwanz, Superintendent of Utilities nl IAIS- N 3 cs s n, -AP O -7 r Cf) Zia C3 uj uj X LU r t -0 Q'-4 1p ui nl IAIS- N 3 cs s n, -AP - S!g RAW , -7 r Cf) Zia uj uj X LU r t -0 Q'-4 1p ui LLJ LLL &-n N............. 1 [Lag —6 1 is, T YoLnLI' XXI Iw coram wm AWIPM AZ AMPLUn AlnUn 2WW oL CU 'ZU %T YVfm All I�)m A Ism"WN V VL ill I ��f 1 � 'jlift - i s 1 i I ill I ��f If .;•. I - ;: ifof -�. �� .—. —,Jug_ •1— 1._ • _ ! l iC'ON'dm'O, 1 i Odom ddll7 - -- °""°O Lu Cl) Lu � J 3 c � x W O� CL s �rJ z LU 2 CL 0 LULU W cr- a. i LLJ J W Agenda Information Memo December 3, 1997 11-3mWitelli-x" Willis IR to, 09W 411"T L41 4 )IMI'm 10 V1 9 ACTION TO BE CONSIDERED: Approve Agreement with David and Heide Kolhoff, 4880 Dodd Road, and authorize the Mayor and City Clerk to execute all related documents. FACTS: ■ On October 21, 1997, the City Council directed staff to prepare an agreement with the Kolhoff's that would defer the proposed assessment amount until such time that development of the property or connection to the Hall Street (Project 700) improvements occurred. • The agreement was to provide the opportunity to reimburse the proposed assessment amount at the prevailing wages at the time of the development or connection. Connection is to occur if the existing well or septic system fail. • This agreement has been reviewed by the Engineering Division and the City Attorney's office and found to be in order for favorable Council action. ATTACHMENTS: • Letter from City Attorney will be included with the Additional Information Packet on Monday. • Agreement will be included with the Additional Information Packet on Monday. (meq 0 Agenda Information Memo December 3, 1997 Eagan City Council Meeting A. CONSIDER RESOLUTION APPROVING THE 1998 CITY FEE SCHEDULE ACTION TO BE CONSIDERED: To approve, deny or approve with modifications, the resolution approving the 1998 City Fee Schedule. FACTS: + The Finance Department annually coordinates a review by all departments of the City's fee schedule. Recommended modifications are noted on the enclosed copy of the fee schedule. ATTACHMENTS: + Resolution approving the 1998 City Fee Schedule on page. + Memo from Assistant Finance Direc r Pepper noting certain changes on pages -%Z and'? -3 w Proposed fee schedule on pages & through �- I �C) 0 C] C7 CITY OF EAGAN RESOLUTION APPROVING THE 1998 FEE SCHEDULE ESTABLISHING FEES FOR VARIOUS CITY SERVICES, SUPPLIES AND MATERIALS WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; WHEREAS, a comprehensive review of all fees has been completed by City staff, NOW, THEREFORE, BE IT RESOLVED that the fees as listed in the attached shall be effective January 1, 1998. Motion made by: Seconded by: Those in favor: Those against: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3rd day of December, 1997. E.J. VanOverbeke, City Clerk . - MEMO city of eagan TO: Gene VanOverbeke, Finance Director/City rk FROM: Tom Pepper, Asst. Finance Director-^� i. DATE: November 24, 1997 SUBJECT: 1998 Fee Schedule Attached is a draft version of the 1998 Fee Schedule. Some of the changes reflect action the City Council has already taken (e.g., elimination of City -performed electrical inspections, changes in hydrant meter permits). Some of the changes reflect the usual nominal increases (e.g., water meter prices based on the City's cost, ENR index increases for street assessments and connection charges, etc.). The remainder of the suggested changes for consideration by the City Council are itemized below: Page Correct the wine application and investigation fee to $200 to match the City Code. The amount of $350 in prior fee schedules was incorrect. 2 Licensing of solicitors by the City has been discontinued. 2 Licensing of trailers has been discontinued. 2 Two-year dog licenses are increased by $2 to $14. The increase will cover the cost of more durable tags needed to last two years. By comparison, Burnsville sells one-year dog licenses for $14; Apple Valley charges $9-16 for one-year licenses. 3 Tree contractor license fee of $25 is added. 4 Radio and PCS antennae lease rates are increased by 6% per the terms of existing lease agreements. A $2,000 per -site escrow for document preparation, plan review, and installation inspection is added. 6 Grading and excavation permits are increased by $50. 6 Utility permit fee is increased from $15 to $20. 7 Copies of the City Code are no longer sold by the City by chapter or in its entirety; individual pages will be sold as copies for $.25 per page. (The Code is also available on the Internet.) 8 The first copy of the City map prepared by the Lion's Club is free to each person requesting one. After that, each copy will be $1. Previously, there was no restriction on the number of free maps for any one person. 19 Land values per acre for the purposes of water quality dedication calculations are increased. 20 Based on consultant's rate study, sanitary sewer utility user rates are increased by 5.1 %, the first rate increase in three years. Water rates are unchanged. 20 Storm drainage utility user rates are increased by 3.0%. 20 Street light rates for commercial/industrial-continuous are decreased by 18.3% due to changes in areas that are served by continuous lighting. 21 The road unit charge has been eliminated. 21 The sewer availability charge (SAC) is increased by $50 due to the Met Council—Environmental Services rate increase to the City of the same amount. 21 Water and sewer tap services have been eliminated. The utilities department will require contractors to tap the lines on the few remaining properties that are not hooked up to the mains. 23 Parkland dedications for C/I are -corrected to reflect pre- and post -1983 platted rates. 23-24 Changes in various Parks -related fees approved by the Advisory Parks Commission at their November 17 meeting are reflected on these pages. 25 Equipment rates for 6" and 8" pumps are increased. Let me know if you have questions about any of the proposed changes. Thank you. �� 3 a LIQUOR/BEER/WINE FEES FEE TYPE BEER, LIQUOR AND WINE Beer Application and Investigation Off -Sale License On -Sale License Temporary License Liquor Application and Investigation Off -Sale License On -Sale License Sunday License On -Sale Club License Less than 200 201-500 501-1,000 1,001-2,000 2,001-4,000 4,001-6,000 Over 6,000 Temporary (Up to Three Days) Wine Application and Investigation On -Sale License Sunday License Consumption and Display 1991 FEE $ 350.00X1 75.00 350.00 25.00 300.00 (s1 200.00 4,000.00 200.00 300.00 500.00 650.00 800.00 1,000.00 2,000.00 3,000.00 150.00 cpPf � 400.00 100.00 Daily Sports or Convention Duplicate License 25.00 50.00 5.00 ")When Wine and Beer are applied for by the same applicant, the total maxi estigation fee is $4e$. ea 2j0,0O Also requires an escrow deposit of $1,000.00 for up to requiring investigation and $200 for each additional if tion is conducted within Minnesota, or•$2,000.00 for up requiring investigation and $400.00 for each additional gation is conducted outside of Minnesota. 0-7 5 five persons the investiga- to five persons if the investi- FEE TYPE 190 FEE Rubbish Bauler Commercial, Residential, /��L_ Combination Vw Recycling Only Or '�V6&Vf i� 1 1st Truck D,044444 $50.00 Each Additional 25.00 Service Station Ix i'e3 a #e refit+--&icelkse pow - 100.00 � I��,n•�,� .mss :-ems XDog License (2 -year license)* Duplicate Dog Tag (Also covers dogs licensed in another city) Kennel Permit Initial Renewal Animal Pick Up Animal Impound Pet Shop License Parade Permit Fee Shows License (circus, carnival, etc.) Massage Therapy Establishment License Massage Therapist License Gambling Investigation X'Ta h eco License 14 -DO -*2. 8 2.00 100.00 50.00 15.00 4.00/day over amount billed the City by animal pound 100.00 25.00 25.00 50.00 Investigation 300.00 (includes 1 massage therapist license) 300.00 Investigation (includes 1 massage therapist license) 50.00 200.00 Investigation 250.00 40.00 *Dog licenses are available for purchase at veterinary clinics in Eagan. The City will reimburse clinics $.50 for each license sold. 7(0 X FEE TYPE Mechanical Amusement 1-3 Machines 4-9 Machines 10-15 Machines More than 15 Machines Contractors Licenses Plumbing Sewer and Water Dance Hall Permit Public Dance - Single Event Pawn Shop License Stable License Golf Driving Range License Motorized Golf Cart Permit Painthall Facility License Hunting Permit Public Utility Maintenance Vehicle Permit Commercial Turf Fertilizer Applicator License 'rte. verse. 19 9; FEE $25.00/Machine 200.00 Total 350.00 Total 500.00 Total MN Master License No. i $2,000 Bond & Certificate of Insurance MN Master License No. i $2,000 Bond Certificate of Insurance 300.00 300.00 Investigation 50.00 12,000.00 850.00 Investigation per owner 50.00 50.00 25.00 150.00 50.00 Investigation --& . 0 0-eacb. 10.00 Resident 25.00 Non-resident 25.00 50.00 2s'.00 x x X FEE TYPE Photocopies Returned Check Fee Mailing Labels Notary Seal Data Processing Reports AuA4 4v w - False Alarm Commercial Residential Radio & PCS Antennae: Lease 199 FEE $.25/page 20.00 LOGIS Charge + 10% 1.00 Each for first 5 .50 each for all additional LOGIS Charge + 10% 75.00 Per False Alarm After 3 (City Code) 75.00 Per False Alarm b� (1'`39.00 After 3 (City Code) *1029. /yr Per site (1-9 ant.) 4440-00/yr per site each add. Application 124.v 500.00/site Site -Survey AFS00.00/site Do�e t Pre Plan Review J2, 000.00/site + 2,O 0v &Zi-eW Invoicing Charge 1 15% (to Maximum $10) Research of City Records (Beyond Readily Available Material) Alarm Panel Police/Fire Reports: Accident Incident Arrest (weekly) Accident Report Summary Photos: Viewing Accident Reports (Comm. Users Tapes: Audio Video Driver's License Printouts 20.00/hr 6.00/month 4.00 4.00 initial report .25/ea. add'1 page 20.00/week 10.00/week 10.00/first print .50/print after first .50/regart 25.00 each 35.00 each 5.00 FEE TYPE Fingerprinting BCA Urine or Blood Test Kit Handgun (Permit to Carry) Application Police! Records Checks/Clearance Letters Street Closure "No Parking" sign bagging fee 1997 FEE 10.00 10.00 10.00 5.00 (Non -Lary Enforcement Agencies) 25.00 X1 50.00 ") Requires $25.00 deposit to cover City property used to accommodate the closure. FEE TYPE Hard Copy MaR Sales 1991 FEE 1/2 Section - property only 10.00 1/2 Section - property and planimetric 50.00 1/2 Section - property, planimetric and contours 150.00 1/8 Section - property, planimetric and contours 40.00 1/2 Section - aerial photo 6.00 1/4 Section - property only 5.00 Lodging Tax Grading/Excavation Permits If Preliminarily Platted Not Preliminarily Platted 0-5 Acre Each Acre Over 5 Acres Renewal Utility Permits Utility Companies Permit For Construction in City Rights -of -Way and easements (fee is waived if issued with residential boulevard landscaping, irrigation or utility permits) Reallocation of Special Assessments 3% of Gross Receipts 2W .GD 50.00/Acre ($$5D114aximum) foo iSO-.tV Zoo.00 50.00 150.00 Assessment Search 10.00 Pending Assessment Report 25.00 Final Assessment Report .50/page ($10.00 Minimum) Assessment Fee on Delinquent Bills 25.00/parcel Copies of Legal Desc., owners, etc. 1.00/page Vacation Proceedings 300.00 (Plus out-of-pocket City costs on vacations requiring replacement easements and/or transfer of property if handled outside the normal Industrial Revenue Bond and subdivision process) Multifamily Housing Bond Processing Fee 500.00 (Plus out-of-pocket City Costs) Tax Increscent Processing Fere 500.00 (Plus out-of-pocket City Costs) FEE TYPE Market Analysis Study Tree Preservation Policy Zoning Map or it X 17 color Comprehensive Guide Map 22 X 34 color 34 X 48 color Sriff n �i�n��_Ln. ,iOAS ty rodeo Landscape Policy Sign Regulations Shoreland Zoning Ordinance e<<M� r.,Am g��k w; tt, gisadee Street Name Change Application Comp. Plan Amendment ,w -� P•9 Water Quality Management Plan Water Quality Classification Map Comprehensive Storm Water Mgmt. Plan Fee Schedule g7 19 8Y FEE 50.00 3.00 5.00 15.00 25.00 _10.09 go AM 3.00 3.00 3.00 �tr-0'fl 100.00 plus out-of-pocket City 300.00 plus escrow (same as preliminary subdivision) 50.00 5.00 50.00 (three ring binder) 35.00 (spiral bound) 2.00 11 FEE TYPE Central Area Plan Trunk Storm Sewer Drainage Map Comp. Water Supply/Distribution Plan Trunk Water System Map Comp Sanitary Sewer Policy/Plan Trunk Sanitary System Map Plans and Specifications G�7 MILL��s Ct.4,) 8 199 FEE $3.00 2.50 50.00 2.50 50.00 2.50 50.00 rE4F- 1aF, # (, oo DE VEIDI CK)" - REVS oAJ 1998 FEE TYPE FEE Final Subdivision $100.00 Require Escrow +3.00/lot Deposits Per Preliminary Subdivision(') 300.00 dev. escr. policy Rezoning(l) 250.00 Requires $500 CGYr1^ �� P Y C,� escrow when Site lan is included . • rocs w. CKA• ow � • Sk Preliminary Planned Development 250.00 ires same escr. as prel. subd. Final Planned Development 100.00 Requires $2,000 Final Plat Fee 200.00 escrow (When final plat not proposed in conjunction with another dev. review) PD-Annual Review 100.00 PD Amendment 150.00 Requires $1,000 (separate from rezoning) escrow Conditional Use Permit(') 150.00 Requires $500 Variance(l) 150.00 escrow Waiver of Subdivision(l) Duplex Lot Splits 50.00 Others (Except Single 150.00 Requires escr. per Family Zoned Property) dev. escr. policy Single Family Zoned Prop. 300.00 (No Escrow) Interim Use Permit(') 150.00 Requires $500 Escr. when Site Plan is included Driveway Agreement Preparation 200.00 Lot Combination Agreement 200.00 NOTE: Rezoning, Preliminary and Final Planned Developments, Conditional Use Pe=its and Interim Use Permits do not require an additional escrow if they are incorporated with a subdivision application. (1) Application to Appeal - 50% of Original Fee g3, INSPECTION FEES FEE TYPE Building Permit Building Permits for Selected Work at Existing Residences: Basement Remodel/Finish Deck Fireplace/Fireplace Stove Demolition Permit Is 199Y FEE Based on Value - See Attached Building Permit Fee Schedule 50.00 50.00 50.00 50.00 Disposal Permit 75.00 (includes 40.00 County Db �'fiVMliftQ, permit fee) Electrical Permit see-At1 Seating, Ventilating and Air See Attached Mechanical Conditioning Permit Fee Schedule Moving Permit Plumbing and Gas Fitting Process Piping Sign Permit Wind Energy, Radio and Television Tower Permit 75.00 Plus Cost of Repairs and Escrow See Attached Plumbing Permit Fee Schedule See Attached Mechanical Permit Fee Schedule 2.50 per square foot Based on Value - See Attached Building Permit Fee Schedule Plan Check (Valuation over $10,000) Commercial/Industrial 65% of Building Permit fee Residential 65% of Building Permit fee Foundation Permit Replacement Building Permit Field Card Lot Transfer Fee (Bldg. Permit) Processing Fee on Canceled Permits Duplicate Certificate of Occupancy Based on Value - See Attached Building Permit Fee Schedule 5.00 50.00 50% of Plan Check Fee 5.00 Reinspection Fee 30.00 Address Change (After Bldg. Permit issued) 50.00 FEE TYPE 199 FEE Reprocess Fee (End of the Month Permits) 20.00 Underground Storage Tank Installation/Removal See Attached Mechanical Permit Fee Schedule State of Minnesota Contractor License Verification S.00 511 BUILDING PERMITS CITY OF EAGAN 199 PERMIT FEES PERMIT FEES - Fees based on 1994 UBC Fee Schedule. There is a Plan Check Charge on all permits with valuation over $10,000. (See page 10) Permits are issued to specific lots - any lot change after issuance of permit $50.00 transfer fee. Utility Charges - collected with permit fee (Applies to Single Family Dwelling Permits - Verify All Others) Sewer Availability Charge (SAC) I11OV- 00 Water Availability Charge (WAC) 707.00 Water Meter (5/8,,) $109.00 Treatment Plant Charge "e - ee- 444.00 ---------------------------------------------------------------------- $1.00 - $500.00 -- $21.00 $501.00 - $2,000.00 -- $21.00 for the first $500.00 plus $2.75 for each additional $100.00 or fraction thereof, to and including $2,000.00. $2,001.00 - $25,000.00 -- $62.25 for the first $2,000.00 plus $12.50 for each additional $1,000.00 or fractir- thereof, to and including $25,000.00. $25,001.00 - $50,000.00 -- $349.75 for the first $25,000.00 plus 9.00 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $50,001.00 - $100,000.00 -- $574.75 for the first $50,000.00 plus $6.25 for each additional $1,000.00 or fraction thereof to .and including $100,000.00. $100,001.00-$500,000.00 -- $887.25 for the first $100,000.00 plus $5.00 for each additional $1,000.00 or fraction thereof. $500,001.00 - $1,000,000 -- $2,887.25 for the first $500,000.00 plus $4.25 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00. $1,000,001.00 and Up -- $5,012.25 for the first $1,000,000.00 plus $2.75 for each additional $1,000.00 or fraction thereof. All permit fees are rounded to the nearest dollar. S 19W FEES FOR APARTMENT BUILDINGS (ONE COMMON ENTRANCE & ONE LAUNDRY FACILITY—) 1, ioo y 801 Sewer Availability Charge (SAC) -80% of $�,�59 �Xnumber number of units Water Availability Charge (WAC) -80% of $ of units x t - X Treatment Plant Charge -80% of $ ��x - number of units 444 - MCES Accessory buildings in apartment complexes will not pay ti6Q SAC (Per X MC65MAO£ policy). City SAC, WAC, and Water Treatment will be charged at 80% of full value. STATE SURCHARGE ON ALL PERMITS Value Based Permits Valuation of Structure Addition or Alteration $1,000,000 or Less $1,000,001 to $2,000,000 $2,000,001 to $3,000,000 $3,000,001 to $4,000,000 $4,000,001 to $5,000,000 $5,000,001 and Up Fixed Fee Permits Amount of Permit Fee $1,000 or Less Surcharge Computation .0005 x Valuation $ 500 + .0004 x (Value - $1,000,000) $ 900 + .0003 x (Value - $2,000,000) $1,200 + .0002 x (Value - $3,000,000) $1,400 + .0001 x (Value - $4,000,000) $1,500 + .00005 x (Value - $5,000,000) Surcharge Computation $.50 $1,001 and Over Fee R .0005 713 PLUMBING PERMIT FEES - 199 * RESIDENTIAL (1 & 2 FAMILY DWELLINGS TOWNHOMES, CONDOMINIUMS) Minimum Fee $20.00 Add-on, modification or alteration 20.00 Plumbing fixture 3.00 each Mater softener 20.00 Water heater 3.00 Fuel/gas piping system 3.00 per outlet Fixture rough -in 1.50 each Lawn sprinkler system 3.00 each Private sewage disposal system 65.00 (includes $40.00 Abandonment of private sewage disposal County permit fee) system on demolition 20.00 Abandonment of private sewage disposal system in turn around No Fee * COMMERCIAL/INDUSTRIAL/APARTMENT BUILDINGS 1% of contract price with a minimum fee of $25 * Verify with Inspections Department which classification of multiple residential dwellings your building fits in and what type of permit is required. --------------------------------------------------t--------------------- X MECHANICAL PERMIT FEES - 199/ * RESIDENTIAL (1 & 2 FAMILY DWELLINGS, TOWNHOMES, CONDOMINIUMS) Minimum fee $20.00 Add-on, modification, or alteration 20.00 HVAC - 1 - 100,000 BTU/H's 24.00 additional 50,000 BTU/H's (or fraction thereof) 6.00 Fuel/gas piping system 3.00 per outlet * COMMERCIAL/INDUSTRIAL/APARTMENT BUILDING Minimum fee $25.00 HVAC 1% of contract price Process piping systems $25.00 * Verify with Inspection Department which classification of multiple residential dwellings your building fits in and what type of permit is required. • r -hat-CA e 't A I g CITY OF EAGAN � S' 199 ELECTRICAL INSPECTION FEES ! NOTE: MINIMUM CHARGE FOR EACH INSPECTION - $20.00 ALL PERMITS REQUIRE $.50 STATE SURCHARGE 1. Pa nt of fees - All electrical inspection fees are a and payab a to the City of Eagan at or before commenceme of the instal ation and shall be forwarded to the City of gan. 2. The fees or signs shall be computed in accordanc with State schedule 'th a minimum fee of $20.00 per sign. 3. Swimming poo\ugdez fees shall be computed s arately at $40.00 per pool. Inot tubs, hydromassage, w rlpools, etc., including allation of Art. 680 of a National Electrical Code. 4. Minimum fee separate inspectio of an installation, replacement,ion or repair limi d to one inspection only - $20.00. 5. Services, change of s vices, temp ary services, additions, alterations or repairs n either imary or secondary services shall be computed separa ely. 1 to 100 ampere capac'ty .....................$18.00 101 to and including 2 ampere capacity or fraction hereof ................$20.00 For each addition of 00 amperes orfraction there ... ....................$ 7.00 6. Circuit, installations or additi ns, alterations or repairs of each circuit or subfeeder hall be com uted separately including circuits fed from s feeders and i cluding the equipment service. Circuits of 250 vo is or less. 0 to and including 30 ampere cap city ..........$ 5.00 31 to an including 100 ampere ca acity ........$ 7.00 For enc additional 100 ampere cap city or frac ion thereof .... ......$ 7.00 For rcuits over 250 volts, double a fee f 250 volts or less. 7. 71nadtion to the above fees: A charge of $2.00 will be made for\chreet lighting standard. A charge of $2.00 will be made foraffic signal head. Circuits originating withinndard will not be used when computing the fee. In addition to the above fees, all transformers and goators for lights, heat and power shall be computed separately at t .00 per unit plus $.10 per KVA up to and including 100 RVA, 101 K/VAnd over at $.05 per KVA. The maximum fee for any transforme generator in this category is $20.00. 9. In addition to the above fees, all transformers for si s and outline lighting shall be computed at $3.00 for the rst 500 vA or taction thereof per unit, plus $.25 for each addit'onal 100 vA or _ action thereof . ,/�'" 10. In *ddition to the above fees (unless included the maximum fee filet bv the initial installer) remote contr s, signal circuits, fire rning and security circuits of less n 50 volts shall be comput at $15.00 per first ten openings o devices of each system Plus $1. 0 for each additional opening. 11. For the re 'ew of plans and specificati s of proposed installatio there ,shall be a min' fee of $100.00 up to and including $3 000 of electrical estim4te, plus 1/10 of 1% on any amount in exce s of $30,000 to be paid by persons or firms requesting the view. ,' 12. When reinspection 's necessary t�determine whether unsafe conditions have bee corrected d such conditions are not the subject of an appeal ending boffore the Board or any court, a reinspection fee of n t to ex eed the original unit fee, or $20.00, m whichever is less, may a as eessed in writing by the inspector. 13. For inspections not cove herein, or for requested special inspections or services, a fee shall be $42.00 per man hour, including travel time, lus the City's approved mileage rate, pl the reasonable cost of equip nt of material consumed. This section is als applicable\to inspection of empty conduits and such other jobs as/etermined by the inspector. 14. For inspections f transient proje t including, but not limited to, carnivals and rcuses, the inspect n fees shall be computed as follows: A. wer supply units - AccordinNj to Item 4(b) (2) of fee chedule - a like fee will be squired on power supply units at each engagement during a season, except that a fee of $42.00 per hour will be c rged for additional time spent by the inspector if th power supply is not ready for inspection at the time a_ date specified on the request for inspection as requir d by law. b. Rides, devices or concessions - Shall inspected at their first appearance of the season an the inspection fee shall be $20.00 per unit. Fees double - When any person, co -partnership or corportion begin work of any kind such as hereinbefore set forth, or for ich a permit from the electrical inspector is required by ordina ce, witut having secured the necessary permit thereforii-.-from the inspe�$ of buildings either previous to or during the day of the commenceme3rt..of any such work, or on the next,pocceeding day where such work is enced on a Saturday or on:IL' unday or a holiday, he shall when subs ently securing such5ermit, be required to pay double the fees hero' before provid for such permit, and shall be subject to all penal avisions this ordinance. 16. Additional Fees and/or Fee S e - Additional fees and/or fee shortages must be receive y the ty within 14 days of written notice. If additiona ees and/or fe hortages are not received within 14 days of ice, permits for ale ical installations will not be accepted the City until such time the additional fees and/or short s a,re received. Additional fees a or fee shortages at are not received within 14 days of Hots are subjec o a 10� per day penalty. UTILITY FEES FEE TYPE Trunk UtilitX/COnnection/Availability Charge Trunk Sanitary Sewer Oversize Unplatted &4 Pla�cr(�Or►_(t�,j,�c�. :C Platted Residential I X Trunk Water Main Oversize Unplatted and Platted Platted Residential Water Supply 6 Storage (WAC) Non -Residential Trunk Storm Sewer Oversize Single Family Multi -Family 1997 FEE 1,190 $4, 99a/Ac . *WLot 260 -�01 /Ac. $fft Lot �9 2955 ,37$6&/Ac . .0$Z .-044/S.F. 102- .94;4/s. F. .I23 .rn/S.F. Lateral Benefit Utility/Connection/Availability Utility/Connection/AvailabilityCharge Lateral Benefit from Vrwwir Sanitary Sewer Lateral Benefit from P -i- n Water Main Single Family Multi -Family and Lateral Benefit from —Tr ank Storm Sewer 12" Storm Sewer 15" Storm Sewer 16" Storm Sewer 21" Storm Sewer 24" Storm Sewer 42,(,D -A4-296/Centerline Foot A-3.00 � /Centerline Foot 574.30 52.50/Centerline Foot 4.70 #3 -: /Centerline Foot 48TO 46.9 /Centerline Foot 51.90 GO.&O/Centerline Foot 5. (,p -&S-'K/Centerline Foot (,3.90 '+-64/Centerline Foot ")Rates are based on a pipe at 15 foot depth. Cost for additional depth will be reviewed on a case by case basis. �2- B. Excavation Rate of $2.00/cubic yard TREE MITIGATION/TREE REPLACEMENT (Refer to City Code Section 11.10, subd. 15.1 for calculation) Individual Trees $120.00 per diameter inch Woodland Areas $1.20 per square foot of woodland area STREET ASSESSMENTS 19J FEE Residential Multiple Comm. Ind. 32' Wide 44' Wide 52' Wide Rate/F.F. Rate/F.F. Rate/F.F. Street Surfacing 34.10 $ 051.15 $75. 78.-15' Street Surfacing 4$ ` 7Q. 9 14•8o 9--ts 99.44) w/Grading Street Surfacing 4 5' 49,3 79--d0 '1i 75 109 - 64 107 -IS W/Storm Sewer x Street Surfacing sr.3 6-�.$S V -r -H 9f.%o 2-24....= I'I$.50 w/Grading 6 Storm Sewer � 1140TRAILS 3.35 Concrete (5' wide) F. Includes $4--r5'/F.F for Sod and Grading h Bituminous Trail 14.00 3.3 J (8' wide) i�3--�5/F. F. Includes $a-'t5/F. F. for Sod and Grading WATER QUALITY DEDICATION A. Based on Per Acre Land Value Land Values k Single Family 10V DO x Duplex P.5' , 09 , 00o X ownhome 42,988 98.8 Apartments, Schools S Churches 35�eo , ?j'05-+ Commercial/Industrial and B. Excavation Rate of $2.00/cubic yard TREE MITIGATION/TREE REPLACEMENT (Refer to City Code Section 11.10, subd. 15.1 for calculation) Individual Trees $120.00 per diameter inch Woodland Areas $1.20 per square foot of woodland area X X FEE TYPE Sanitary Sewer UTILITY RATES AND FEES 8 199,7 FEE Single Family, Townhouse and Similar Residential") Apartment, Institutional Commercial S Industrial I -tl Sewer only (no water connec- tion/meter to measure flow) Water Works All users (1) 2a . 90 MN $9-.--85`7'Qtr. for 10,000 Gal -,$--78i(1000 Gal. for Usage Over 10,000 Gal. Based on Winter Quarter Meter Reading MN $i20. 0 /Qtr. for 10,000 Gal 1000 Gal. for 4Aal Usage over 10,000 Gal Flat Rate - $3245/Qtr . 3q.16d MN $17.40/Qtr for 10,000 Gal. & 1.05/1000. Gal. for All Usage Over 10, 000aal Storm�`'��'/�,,�rc�n 1�1�,{�r i�'�lrl(n'►,cvrw''''��i #S.t70� Al ater Drainage ✓$i�b6/REF/Qt'r. 6,#13 (R3 Zoning 20% Credit) Water Account Deposit $15.00/Residential Account Sewer Account Deposit $15.00/Residential Account Street Lights/Sigmal Lights Neighborhood Single Family/Twin Homes (R-1, R-2) Townhouses (R-3) Multiple Residential }�/I non -continuous 1--C/I continuous Individual Lights 100 WHPS 150 WHPS 250 WHPS 200 WEPS Communitv and Sicrnal Lights R1/R2 R3 R4 Non -Residential $3.10 Per Qtr Per Lot $2.48 Per Qtr Per Unit $9.70/Qtr./Billing Acct. $4.15/Qtr./Ac. .12.'7 AA -3-/L. F. /Qtr. 17.`0 21-.55/Ac./Qtr. $18.85/Light/Qtr. 30.50/Light/Qtr. 41.70/Light/Qtr. 30.25/Light/Qtr. $1.70/Unit/Qtr. $1.34/Unit/Qtr. $1.20/Unit/Qtr. $5.05/Unit/Qtr. ")Senior citizen rates are based on a 5,000 gallon minimum. 1 199 FEE TYPE FEE Road g- Sewer Availability Charge (SAC) Single Family (R1 and R2) Other ' ip0 -I-,$5$/SAC Unit Treatment Plant Charge 44A- -*"/SAC Unit Water Supply G Storage (WAC) Single Family gD'j "-G/Lot Apartments 1,44 t2l /Unit Non-Residential y,gIjrj' 4, @5 /Ac. Shut-off Charge 30.00 Late Fee 1.5% per month on unpaid balance Sewer Permit (New and Repair of Existing) 50.00 Water Permit (New and Repair of Existing) 50.00 k Temp Construction Hydrant Meter Permit,48-r9b j$200 ) � (6 month maximum)�400'74 W) Scheduled After Hours A. Call Out - Overtime Labor Rate (2.5 Hr. f+rS Work Minimum) + 10% Administrative ($50 maximum Administration) B. Extended Day - Overtime Labor + 10% Admin. j( Water Meter Removal/�VVice, p 30.00 Water Meter Replacement/or Resealing 30.00 Public Utility Maintenance 25.00 Vehicle Permit - Access to City Boulevards Tree Contractors License 25.00 9 21 Deposit to turn on water before all work is satisfactorily completed 200.00 (City retains $30 as administrative fee) Private Bydrant - Maintenance/Flushing 30.00 - Repair Time and Material Is 8 199x FEE TYPE FEE Water Meters (includes copperhorn/strainer, remote wire .and "Touch Pad" meter) 5/8" x 3/4" meter 1,O0 X 3/4 water meter 14aQ,ou X 1" water meter 1Y" water meter�g�� 2" compound I ,'7-a, 0 0 3" compound - ©92.00- 2-, r49•00 4" compoundg2:09 6" compound --S�i4:9fl $'-Do 2" turbo meter{; $•�� ,0e 311 turbo meter �,S.O&P 4" turbo meter �[ 6" turbo meter ,DO Replacement remote wire (over 351) 0.07/Ft. Replacement outside remote "Touch Pad" meter 13.00 #2 Copperhorns only 15.00 ✓ Meter Strainers only: 311 452 ar,A rye t✓ 1 .W �C 11 -3257-ft 33�•Da i� 41, -S00 .-M611 315 .D0 age IWO Meter Testing (Charged only if meter tests correct): 5/8" through 1" 50.00 1 1/4" through 2" 80.00 All other sizes Contract Cost (Mpls)+ 10% Deposit to turn on water before all work is satisfactorily completed 200.00 (City retains $30 as administrative fee) Private Bydrant - Maintenance/Flushing 30.00 - Repair Time and Material Is X X /_ PARRS AND RECREATION g 199 FEE TYPE FEE Parkland Dedication Single FamilyDuplex l�2pp.cp 4B-re0 Townhouse ad 1`ypp.ov Apartments MultipleB 23'dJ jpjpe� 1 Q i 8,00 Commercial and Industrial f6f 'L 3�3pp,pp / �iJ[.�gL,nE 'h '' �hc , l� �� 00 Trailway Dedication 1 IS000 (b0 oe 4-50-.-OO/Unit Park Fees Picnic Kit Trapp Farm Thomas Lake Pavilions - Per Day Per 1/2 Day Blackhawk Pavilion -Kitchen Enclosed Shelter Buildings - Day 1/2 Day Residents Non -Residents 3.00/7.00 + tax 3,40-�740{tax 5.&D /10.00 100.00 (1) + tax 70.00111 + tax 30.00") + tax 100.0011) + tax 70.0011) + tax 120.00") + tax 90.00") + tax 30.0011) + tax 120.00") + tax 90.0011) + tax Concession Permit (maximum of 3) (1r Requires damage deposit of $150.00 215.00 4 1A Open Shelters - Per Day 30.00 + tax 50.00 + tax �• Extra Picnic Tables -Per Day C2-9:0:0�+t�axVS�.00�+tax�� (maximum of 6) Athletic Facilities/Shelters Fields - Per Field/Per Day 55.0011' + tax 75.00(1) + tax Lights (If Required) -Tournaments Per Field/Hr. 0.00(1) + tax 30.0011) + tax uilding Clean'ng Per Day 55.00(1) + to �� 55.00") + tax - Do t- 4v.K 45,00 f �X Restrooms/Bases/Field Chalking Per Reservation 30.00 + tax 50.00 + tax Chuckwagon Grill 30.00 + tax 50.00 + tax Canopy - Per Day 55.00 + tax 75.00 + tax X Maint.Fee-Travel Baseball-Youth/Team 70.00 -55-= --Adult/Team (6-9 games) (15'.001666.09 + tax --Adult/Team (10+ games) --Travel Soccer/Hockey-Travel -325,00 ?ir-�0 + Team tax x 70.°° *5 --CB + tax Concession Permit (maximum of 3) (1r Requires damage deposit of $150.00 215.00 4 1A 1991 FEE TYPE FEE Community Room - City Ball: X Youth roues - W5(;VZ 6fid5No fee; $150.00 damage deposit Local civic groups Regular business hours No fee; $150.00 damage deposit Non -business hours $20.00/hour; $150.00 damage deposit Local resident groups Non-resident groups For-profit organizations Trapp Farm Reserved Tubing Facility 7�1 - 25 People I 7� 26 - 100 People X -n, - I F $20.00/hour; daily maximum of $200.00; $150.00 damage deposit $50.00/hour; daily maximum of $350.00; $150.00 damage deposit $50.00/hour; daily maximum of $350.00; $150.00 damage deposit (')Requires Damage Deposit of $150.00 45.00/Br(" + tax 45.00/Br(l)plus 1.00/person/hr. over 25 people + tax 2S,v0 I qy- t�) 4-06Y 2r, W / EFr F 1.cb /"fv f Ke - NOTE: - NOTE: Damage deposits are to be paid at time of reservation. qg FEE TYPE 1J FEE (1 hour minimum) (Regular) (Overtime) EQUIPMENT RATES Pick-up truck 22.00/hr. 1 Ton dump truck 23.00/hr. Single axle dump truck 32.00/hr. Tandem axle dump truck 40.00/hr. Tractor 15.00/hr. Backhoe/loader 35.00/hr. Front end loader 60.00/hr. Road grader 70.00/hr. Street sweeper 41.00/hr. Roller 20.00/hr. Paver 20.00/hr. Air Compressor 15.00/hr. Sewer fetter 130.00/hr. Sewer Rodder 130.00/hr. Sewer Vacuum - Trailer 130.00/hr. Sewer Vacuum - Truck 130.00/hr. Groundsmaster Mower 22.00/hr. % Pump 6" 30. Oo OOYhr. . X Pump 8" 36.00 0G--6$/hr . Skid Loader 35.00/hr. Chipper 15.00/hr. Tanker 30.00/hr. T.V. Camera 150.00/hr. CITY STAFF RATES Department Directors $80.00/hr. X City Engineer 60.00/hr. Maintenance Superintendent 60.00/hr. Design Engineer 55.00/hr. Park Planner 50.00/hr. Maintenance Supervisor 50.00/hr. Senior Planner 50.00/hr. water Quality Coordinator- 50.00/hr. x --&M_` Toehni= /Cons tr&t'3uper-/ K 50.00/hr. Project Planner 40.00/hr. Technician 40.00/hr. Intern 20.00/hr. Maintenance Person 23.00/hr. 31.00/hr. Survey Crew (Includes Vehicles 2 person and Equipment) 70.00/hr. 3 person 90.00/hr. (1 hour minimum) (Regular) (Overtime) FEE TYPE S 19917 FEE Billing rates for Fire Dept. vehicles, manpower and supplies: Manpower $ 9.00/hr. Pumper, Tanker, Emerg. Support Vehicle 200.00/hr. Chief's Vehicle, Rescue, Grass Rigs Command Vehicle, Aerial (Minimum 1 hr. charge) Safety House: --within City limits: Fire prevention visit (schools, daycare) Other special requests --outside City limits; House only House, manpower, materials Hazardous Material Containment/Clean-up Rescue boat Hazmat trailer Sidewalk plowing l� 150.00/hr. 500.00/hr No Charge 25.00 150.00/day + mileage 200.00/day + mileage First 1/2 hr. at no charge. First 20 lbs. absorbent at no charge. Thereafter, material cost plus personnel 6 equipment rates listed above plus invoicing charge. 100.00/hr 100.00/hr 30.00/lot per plowing EXHIBIT "B" 199Y FEE SCHEDULE (Developer's Escrow Agreement) Prel..nary Subdivision lication Escrow (1) Preliminary Planned Development, waiver of Subdivision Escrow tial Deposit) $150 per acre $1,500 Minimum for single family $3,000 Minimum for Commercial/Industrial and Townhomes/Multiples $4,800 Maximum Final Planned Develo ent Escrow (1) (Initial Deposit) $2,000 Final Subdivision application Escrow (1) (Initial Deposit) $2,000 1 - 3 Lots $4,000 4 or more Lots Conditional Use Permit $50014) Rezoning (when site plan is involved) $500(4) Interim Use Permit (when site plan is involved) $500M Contract Management Escrow (1) Estimated Construction Costs (2) $ 0 - $150,000 $150,001 - $500,000 $500,001 + (Initial Deposit) Escrow 8% ($1,000 Minimum) 6% ($12,000 Minimum) 5% ($30,000 Minimum) (')These are escrow deposits with mini mums they are not intended to be actual charges. (2)COS ts will be verified by City staff and adjusted as necessary to be comparable to City Projects, thereby insuring arm's length transaction costs. MThis planned development escrow is not required if it is processed as part of a subdivision application for which an escrow is being collected. MThese *&crows are not required if a subdivision escrow has been collected as part of the same application. Agenda Information Memo December 3,1997 Eagan City Council Meeting B. INTERIM USE PERMIT — NORTHWEST AIRLINES(NATCO) ACTION TO BE CONSIDERED: > To approve or deny an Interim Use Permit to allow construction of temporary modular classrooms at the NATCO training facility located on Lot 1, Block 1, Lone Oak Second Addition, in the NE'/4 of Section 1, subject to the conditions recommended by the Advisory Planning Commission. FACTS: > NWA is proposing to construct six modular classrooms to be used for up to two years, from January 1998 to January 2000. > The proposed temporary classroom use is consistent with the NATCO facility use. The temporary classrooms will be removed upon completion of a building addition to provide permanent classroom space. > No significant site preparation will be required to accommodate the temporary classrooms. No additional parking is proposed. According to the applicant, the classrooms will serve the existing students, so there should not be any change in parking demand. > At their meeting on November 25, 1997, the APC recommended approval of the proposed temporary classrooms subject to the conditions in the staff report. BACKGROUND/ATTACHMENTS > Minutes of November 5, 1997 APC meeting, pagesl�tl r--- > Staff report, pagesMthrough 0 �j 612 432 3760 SENT BY: 11-26-97 14:57 SEVERSON SHELDON- Page 2 November 25. 1991 ADVISORY PLANNTKG COMMTSSION PUBLIC HEARINGS INTERIM USE PERMIT NORTHWEST AIRLINES 681 4694;# 3/12 �r'%�`! 'aV L ' Commission Chair Heyl opened the first public hearing of the evening regarding an Interim Use Permit to allow construction of temporary modular classrooms at the NATCO training facility located on Lot 1, Block 1, Lone Oak Second Addition, in the NE1/a of Section 1. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in City staffs planning report dated November 18, 1997. Ms. Farnham noted the background and history, the surrounding uses and the existing conditions of the subject property. The applicant, Mark Kemper the Senior Designer for Northwest Airlines, was available for questions. Member Segal moved, Member Frank seconded, a motion to recommend approval of an Interim Use Permit to allow construction of temporary modular classrooms at the NATCO training facility located on Lot 1, Block 1, Lone Oak Second Addition, in the NE'/. of Section 1, subject to the following conditions: 1. The permit shall terminate on January 1, 2000. 2. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hcaring by the City Council with all interested parties being given an opportunity to be heard. 3. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: November 18, 1997 APPLICANT: Northwest Airlines PROPERTY OWNER: Northwest Airlines REQUEST: Interim Use Permit CASE: 1 -IN -3-10-97 HEARING DATE: Nov. 25, 1997 PREPARED BY: Julie Farnham LOCATION: Lot 1, Block 1, Lone Oak Second Addition COMPREHENSIVE PLAN: CPD - Commercial Planned Development ZONING: PD — Planned Development SUMMARY OF REQUEST Northwest Airlines is requesting an Interim Use Permit to allow construction of temporary modular classrooms at the NATCO training facility located on Lot 1, Block 1, Lone Oak Second Addition, in the NE 1/4 of Section 1. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.22 states: The Council may issue permits for an interim use of property if: A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the zoning regulations herein; and B. The date or event that will terminate the use can be identified with certainty; and C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and D. The use agrees to any conditions that the Council deems appropriate for permission of the use; and E. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. City Code Chapter 11, Section 11. 40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: Planning Report — NWA Interim Use Permit November 25, 1997 Paye 2 A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions. states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The Northwest Aerospace Training Corporation Facility (NATCO) is part of Northwest Airlines' corporate headquarters campus located in The Waters. This was approved as part of the Laukka- Beck Planned Development in May 1985. The PD specified office, research and development, and office/showroom uses. An Indirect Source Permit (ISP) was granted in conjunction with that PD which limited the amount of development for Northwest Airlines to 845,090 s.f. of building and 3,760 parking spaces through the year 2005. Existing NWA development (including the headquarters and NATCO facilities) comprises 516,630 s.f. of building and 1,816 parking spaces. Planning Report — NWA Interim Use Permit November 25, 1997 Paye 3 EXISTING CONDITIONS The NATCO facility provides classroom, simulator and emergency equipment training to flight crews from NWA and other airlines. The existing NATCO facility consists of a 249,477 s.f. building with parking for 447 vehicles. The facility location is fairly remote, located at the end of a long driveway off Northwest Parkway which provides access to both the headquarters and NATCO buildings. While the NATCO building is visible from Cray Research and the NWA headquarters, a substantial amount of open space exists between these buildings. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Vacant (part of Laukka-Beck PD); guided CPD; zoned PD South - Cray Research; guided CPD; zoned PD East - Vacant (part of Laukka-Beck PD); guided CPD; zoned PD West - NWA Headquarters; guided CPD; zoned PD EVALUATION OF RE UEST Proposed Interim Use — NWA is proposing to construct temporary, modular classrooms that will provide space for six classrooms. They are requesting approval for up to two years use of the temporary classrooms from January 1998 to January 2000. They anticipate that the temporary classrooms could be removed sooner (i.e. 12 months) depending on how quickly they can construct the next building addition phase which will include permanent classrooms. Compatibility with Surrounding Area - The proposed classroom use is consistent with the existing NATCO facility use. Given the large separation between buildings in The Waters, the proposed temporary classrooms should not be very visible from surrounding properties. Site Plan — The proposed site plan shows the addition at the end of the "D" wing which extends west from the building center. The addition will be about 69' x 72' in size (4,960 s.f.). According to the applicant, only minor site preparation (leveling, support base) will be needed to accommodate the temporary classrooms. There is no formal landscaping in the area of the proposed classrooms. Some existing vegetation may need to be removed. However, it does not appear that any of it is significant. The exterior of the temporary classrooms will consist of wood siding with wood window trim. The color will be coordinated with the NATCO facility exterior. Lights will be mounted at the three entry/exit points on the units. Planning Report — NWA Interim Use Permit November 25, 1997 Paye 4 No new parking is proposed in conjunction with the temporary classrooms. The classrooms are intended to serve existing students. As such, the applicant does not anticipate any change in parking demand. Additional parking will be proposed with the pending building addition. Ai ort Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. With the State's decision to expand the airport at its current location, the Metropolitan Council has adopted a revised Aviation Chapter that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in northem Eagan place the subject property within Noise Zone IV. In this noise zone, an educational use would be provisional, meaning that it must comply with certain structural performance standards to be acceptable according to MS 473.192. In particular, the building plans, materials and construction should be such that they will insure an interior sound level of 45 dBA as compared with the noise level at the inner boundary of the noise zone, in this case 65 DNL. SUMMARY/CONCLUSION Northwest Airlines is requesting an Interim Use Permit to allow temporary classrooms at their NATCO facility for up to two years from January 1998 to January 2000. The proposed classrooms are consistent with the existing and proposed use of the property as outlined in the Laukka-Beck PD. No significant site preparation will be necessary to add the classroom modules onto the west end of the "D" wing of the existing building. No new or additional parking is proposed to be constructed in conjunction with the temporary classroom. Additional parking will be provided with construction of a building addition to house permanent classrooms. That addition is expected to be completed over the next two years. ACTION TO BE CONSIDERED To recommend approval or denial of an Interim Use Permit to allow construction of up to six temporary classroom units on Lot 1, Block 1, Lone Oak Second Addition, located in the NE 1/4 of Section 1, subject to the following conditions: 1. The permit shall terminate on January 1, 2000. 2. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 3. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. ion Location Map Northwest Airlines 2600 Lone Oak Point Interim Use Permit Case No. 01 -IN. -03-10-97 City of Eagan Community Development Department 800 0 80D Feet Zoning Map Current zoning PD -Planned Development -1600 Lone Oak Point Case No. 01 -IN -03-10-97 city er 1000 0 1000 Feet �t Comprehensive Plan Map [wide Pian Designation CPD - Commercial Planned Development 3600 Lone Oak Point Case No. 01 -IN -03-10-97 1000 0 1000 Feet City of Eagan Community Development Department 0 cz �N E 7 � C e W 0 cz ��I l fi VIII y sib ,�[e�� it�i i ■ i 6 i �JI� � �� T cc r. it Agenda Information Memo December 3,1997, Eagan City Council C. REZONING AND VARIANCES— WALTER NELSON > To approve or deny a Rezoning from R-1 to R-2 with a Variance to lot width and a Variance to lot area, to allow construction of a duplex on Lot 23, Block 2, Wilderness Run 2" d Addition. FACTS: > The lot was platted in 1972 and is currently zoned R-1 and guided D -I. Public street frontage and access is on Pilot Knob Road. Most of the surrounding neighborhood is developed with single-family homes, although there are some duplexes to the north along Pilot Knob Road. > The lot is 85 feet wide and 12,058 square feet in area. The proposed R-2 zoning district requires a minimum lot width of 100 feet and a minimum lot area of 15,000 square feet, resulting in the two Variance requests. > The APC held a public hearing on November 25, 1997, and recommended denial of the Rezoning. ISSUES: > The Variances requested are not necessary to develop the property with a single dwelling under the current R-1 zoning. Since this lot cannot meet the R-2 minimum lot standards, the Variances are, therefore, created by the applicant's petition to rezone. The other duplexes to the north are on lots which meet the R-2 zoning standards. > Several residents spoke in opposition of this changing the zoning of this lot to R-2. > The calculation of density for a duplex on this single lot is 7.2 units per acre and if the rezoning is approved, its implementation should be subject to the applicant obtaining an amendment to the corresponding Comprehensive Guide Plan designation of 13411 (6-12 units per acre). ATTACHMENTS: / November 25, 1997 APC Minutes, pages h through Staff Report, pages ,LL� through 1,4 11 L-1 • 612 432 3780 SENT BY: 11-26-97 ; 14:57 ; SEVERSON SHELDON- 681 46944 4/12 Page 3 November 25, 1997 ADVISORY PLANNING COMMISSION REZONING AND VARIANCES WALTER V. NELSON Commission Chair Heyl opened the next public hearing of the evening regarding a Rezoning of property located at 4304 Pilot Knob Road from R-1, Single Family residential to R-2, Residential Duplex, with Variances to minimum lot width and minimum lot area. The property is located on the east side of Pilot Knob Road between Diffley and Cliff Roads in the NW 114 of Section 27 and is legally described as Lot 23, Block 2, Wilderness Run 2nd Addition. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in City staffs planning report dated November 20, 1997. Mr. Ridley noted the background and history, the surrounding uses and the existing conditions of the subject property. Mr. Ridley noted that the property can be developed as a single-family residential parcel. However, a rezoning to R-2 would require an amendment to the Comprehensive Guide Plan from D-1 to D-3 and thus, any action to be contingent upon the change to the Comprehensive Guide Plan_ Mr. Ridley stated that presently the Comprehensive Guide Plan limits development on this site to the density of three units per acre, while the applicant's request calculates to a density of 7.2 units per acre. Additionally, the variance is to constrict the proposed duplex on this lot are required because the lot does not presently meet the Code requirements for area and width in an R- 2 district_ The applicant was represented by Kristen Nelson who stated that it was the applicant's intention to provide for a duplex on this lot as his retirement home. Ms. Nelson noted that the applicant also owns Lot 22 of the subdivision which takes its access from Cleome Lane. Commission Chair Heyl asked what the applicant's hardship was with respect to the request for the variance. Ms. Nelson indicated that it was solely related to the request to have a duplex unit. Several members of the public spoke against the rezoning stating that the character of the neighborhood is single-family residential; they were assured that the properties adjacent to theirs was zoned R-1 and would remain so for single-family residential structures. Members Miller and Carlson noted that the property should remain as single- family and in particular even if it were rezoned it would not meet the City's Code. 612 432 3780 SENT BY: 11-26-97 ; 14:58 SEVERSON SHELDON- 681 4694;* 5/12 Page 4 November 25, 1997 ADVISORY PLANNNGCOMMISSIONEN Member Miller moved, Member Bakken seconded, a motion to recommend denial of a Rezoning of Lot 23, Block 2, Wilderness Run 2nd Addition from R-1, Residential Single Family, to R-2, Residential Duplex. All voted in favor. i(S PLANNING REPORT CITY OF EAGAN REPORT DATE: November 20, 1997 APPLICANT: Walter V. Nelson PROPERTY OWNER: Walter V. Nelson CASE: 27-RZ-26-10-97 27-V-16-10-97 27-V-17-10-97 HEARING DATE: November 25, 1997 PREPARED BY: Pamela Dudziak REQUEST: Rezoning from R-1 to R-2 with Variances to lot width and area LOCATION: 4304 Pilot Knob Road COMPREHENSIVE PLAN: D -I (Single Family Residential, 0-3 units per acre) ZONING: R-1, Single Family Residential SUMMARY OF REQUEST Walter Nelson is requesting a Rezoning of property located at 4304 Pilot Knob Road from R-1, Single Family Residential to R-2, Residential Duplex, with Variances to minimum lot width and minimum lot area. The property is located on the east side of Pilot Knob Road between Diffley and Cliff Roads in the NW 1/4 of Section 27 and is legally described as Lot 23, Block 2, Wilderness Run 2nd Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards therein if. 1. The Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. The granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. ii i Planning Report - Walter Nelson November 25, 1997 Pate 2. BACKGROUNDMISTORY Wilderness Run 2°d Addition was platted in 1972. When this lot was platted, it was platted with the only public street access being on Pilot Knob Road. EXISTING CONDITIONS The lot is vacant, but contains a driveway access to Pilot Knob Road. The driveway over this property is gravel and has been used by the adjacent residence to the east, which also has access to Cleome Street. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Two -Family Residential; Zoned R-2 (Residential Duplex), Guided D -I (Residential Single Family 0-3 units per acre) South - Single -Family Residential; Zoned R-1 (Single Family Residential); Guided D -I (Residential Single Family 0-3 units per acre) East - Single -Family Residential; Zoned R-1 (Single Family Residential); Guided D -I (Residential Single Family 0-3 units per acre) West - Single Family Residential; Zoned R-1 (Single Family Residential); Guided D -I (Residential Single Family 0-3 units per acre) EVALUATION OF REQUEST Lot Size — The lot size is 12,058 square feet or just over 1/4 acre. The lot size is smaller than the required minimum of 15,000 square feet for a duplex. The applicant is requesting a Variance to the lot area requirements, stating that the structure is designed well for this size of lot, and provides plenty of yard area around the structure. Lot Coveraue - The duplex structure proposed to be constructed on the lot has a footprint area of 2,325 square feet (excluding the decks) and presents a lot coverage ratio of 19.3, which is within the maximum 20% coverage allowed. Lot Width — The lot width is 85 feet, which is narrower than the minimum 100 feet required in the City Code. The applicant is requesting a Variance to the lot width, and indicates that the proposed structure can still satisfy setback requirements. Density and Comprehensive Guide Plan — Two dwellings on this 12,058 square foot site translate to a density of 7.2 units per acre. The high density is due partly to the small lot size, and partly to the density being calculated over a single lot rather than over a larger, multi -lot subdivision. For comparative purposes, a standard R-2 lot of 15,000 square feet containing a two -dwelling structure would have a density of 5.8 units per acre. Planning Report - Walter Nelson November 25, 1997 Paae 3 The D -I land use designation is a guide for the density of residential development, and provides for development up to 3 units per acre. The proposed density of 7.2 units per acre corresponds to a Comprehensive Guide Plan designation of D -III (6-12 units per acre). If approved, implementation of the rezoning to R-2 should be contingent upon the applicant obtaining an amendment to the Comprehensive Guide Plan from D -I to D -III. Setbacks — The minimum required structure setbacks are 50 feet from Pilot Knob Road, 10 feet from the north and south side property lines, and 15 feet from the rear (east) lot line. The site plan shows the proposed duplex structure can satisfy these minimum setbacks. Utilities — Sanitary Sewer and water main are available for service connection within Cleome Lane south of the site. These services will need to be extended across Lot 22, Block 2 to accommodate this proposed development. The service lines will require a private utility easement across Lot 22. Grading/Storm Sewer — The site has been previously graded. A site survey detailing proposed grades will be required and reviewed at the time of building permit. Existing storm sewer systems in the area can accommodate drainage from this development. Access/Street Design — Public street access is available from Pilot Knob Road (County Road 31). Tree Preservation — An Individual Lot Tree Preservation will be required at the time of building permit application. Variances — The Variances requested are not needed to develop this property with a single dwelling under the current R-1 zoning. However, this lot cannot meet the R-2 lot size and area requirements, and the variances are, therefore, created by the applicant's petition to rezone. This lot is somewhat unique in that it does not have frontage on Cleome Street. The applicant argues that this creates a functional separation from the neighborhood and for this reason, the lot is less desirable for single-family living. Also, the applicant asserts that because it borders on other duplex lots to the north, it is appropriate for a twinhome such as he proposes. The lots to the north that are zoned R-2 and contain duplexes and all meet or exceed the R-2 minimum lot requirements. Compatibility with Surrounding Area — The properties along Pilot Knob Road to the north of this lot are zoned R-2 and contain duplexes. The properties to the north are part of the Wilderness Run 56'Addition, which was platted in 1974. This lot is within Wilderness Run 2nd Addition which is all single-family residential. The properties across Pilot Knob Road are also single- family residential. This lot is unique in that it is the only lot in this area with direct access to Pilot Knob Road. Because this lot is not oriented to and does not have access on Cleome Street, it is separated from the rest of this single-family neighborhood. It is also adjacent to other duplex lots that also abut Planning Report - Walter Nelson November 25, 1997 Page 4 Pilot Knob Road, although the other lots do not have direct access to Pilot Knob Road. The other duplex lots have their back yards abutting Pilot Knob Road whereas with this proposal, the front yard abuts Pilot Knob Road. SUMMARY/CONCLUSION Walter Nelson is requesting a Rezoning of property located at 4304 Pilot Knob Road from R-1, Single Family Residential to R-2, Residential Duplex, with Variances to minimum lot width and minimum lot area. This size and dimensions of this lot are smaller than required by the R-2 zoning district and smaller than other nearby lots that are zoned R-2. The site is surrounded primarily by single family residential development, with some two-family dwellings to the north. ACTION TO BE CONSIDERED A. To recommend approval or denial of a Rezoning of Lot 23, Block 2, Wilderness Run 2nd Addition from R-1, Residential Single Family, to R-2, Residential Duplex. Approval should be contingent on the following condition: 1. Implementation of the rezoning to R-2 shall be contingent upon the applicant obtaining an amendment to the Comprehensive Guide Plan from D -I to D -III. B. To recommend approval or denial of a Variance to the 100 -foot minimum lot width for duplex development to allow an 85 foot wide lot. C. To recommend approval or denial of a Variance to the 15,000 square foot minimum lot size for duplex development. •;91�;'INto] 1■k1l000016 19, I r I:A r.I a :i -IT -01 M: r.T-r. RzonInn 2 NO. 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Bg.00 F7.7f 1.5 8B 1 e : • �• �} 8 h� 7.5 88.00a o-'^ •-� .2 AREA PLAT MAP Ln cD I I I I I I I I I DECK 12 x 14 I DECK � I I I� I UNIT 1 UNIT 2 I � ' m w O I � I I I I I I I � I _ DRIVEWAY ......i.�f Si 7- e - 1. J I I O v 50 ' SETBACK P ��T ��!-_B RD SITE PLAN APP ICAN -S WRITTEN NARRATIVE FOR REZONING OF LOT 23, BLOCK 2 WILDERNESS RUN 2ND ADD'N Application for rezoning of lot 23 block 2 Wilderness Run 2nd Addition. This is an individual lot which sets alone surrounded by twinhomes to the North, residential to the East, a vacant lot to the South and Pilot Knob Road to the West. There currently is driveway access to Pilot Knob Road with a street cut out to Pilot Knob and a gravel driveway but the lot is vacant. The owner is proposing to rezone this lot from R-1 to residential to R-2 for a proposal to build a brick twinhome with one shared driveway access on Pilot Knob Road. The impact of this property to exsisting properties would be to improve a now vacant lot to an upscale Twinhome. Both increasing aesthetics and tax revenue for the city and county.The city made a mistake when platting the property not to run utilities across Pilot Knob Road to this lot, however the owner also owns lot 22 and could give himself a utility easement to connect up to utilities on Cleome Circle instead of tearing up Pilot Knob Road. The owner currently owns 2 all brick twinhomes in the Wilderness Run area now. The twinhome could be turned to meet lot requirements without a variance, however astetically it would be more attractive to face Pilot Knob. Along with this a variance will be requested ( but not necessarily needed) "A Twinhome minimum lot size and area variance". The property already meets the set back requirements. However the lot is not currently 100 ft. wide ( a twinhome requirement for the city of Eagan). It's 85 ft,but even with 10ft set backs on both sides leaves 65 ft and the house plan needs only 50ft. Also it currently fits just fine with in the 50 ft set back for a county road set back requirement + 10ft in the rear leaving well over 70ft deep for the house plan, again well more than they would need. If rezoning is granted but not variance, the twinhome would still fit on this lot and.meet all city requirements if it's turned the other way. (astetically it wouldn't be as attractive, but it is workable if it had to be.) Because this is a loner lot,all by itself it's not really part of a neighborhood tend to make it less desirable for single family living. Twinhomes much smaller currently border this property, our proposal makes it ideal for a Twinhome situation. The owner is also prepared to build a very attractive Twinhome with brick on all sides. This lot is more than adequate size for this Twinhome design in which the owner has built before. It will exceed all set back requirements because it was designed for an even narrower lot than this. We feel this proposal is an attractive and reasonable one that would benefit all. We're sure it will be pleasing to all in appearance and tax revenue. It is the owners intention to build this for his retirement, to live in half and rent the other side in the future. t 7/ q 7 C, S --e. t r Xo P� d m„ �. � � Novi 81997 7- 2244S64) ot, belle 7re.h7%e»ed 77 2),,1,d aN/�B z N/Ny iVewLal l ,CG4UC s��7 t IVI T 0 { %%'J ��le ��J�LL� TI� G� floecr n� >i c eJ ` 14 PlcL-ee 7�'�ie C`S`',,�i��L h� of 10/ Id jr 7'! e S1 Add! T, e •'1. 1- a r►Z Co /U Cel yied %�Q�..v r�� F�T.r✓r�/ d F D T4 ek r ) Tehel%e cl �gle�.v'�Ss kL1N�•ve/IIW,7z i November 17, 1997 TO: Eagan City Planners & Eagan City Council Members RE: Case #27-RZ-26-10-97 Dear City Officials: It has come to our attention that a variance is being considered for a twin home to be built on Cleome Lane. My wife and I are very much against this variance for several reasons. 1. We have lived at 1367 Cleome Lane since January 1976 and when we purchased our lot, we specifically asked the builder (Tilsen Homes) what the remaining lots were zoned as. They specifically stated that the remaining lots (2) were zoned as single family residence. Our concerns were obvious, we didn't want to build in this neighborhood unless the remaining lots were zoned single family. 2. The second reason is documented by the enclosed data which illustrates quite convincingly that twin homes require much more police attention than the single family homes. Approximately 12 twin homes within 1 1/2 blocks of Cleome Lane required over .100 calls for police service in 2 1/2 years (July 1995 -November 1997). This shows that twin homes do not belong in the areas that are zoned single family. These statistics came from the Records Division of the Eagan Police Department. We feel that to approve a variance to something other than a single family home would be very unfair to the established homes on Cleome Lane. Please be sensitive to our request and deny this variance. Thank you for your time and attention on this important matter. Geor a L. Kasat 1367 Cleome Lane Eagan, MN 55123 (612) 454-3802 Za -� ci . Helen S. Kasat P 7 Agenda Information Memo December 3, 1997, Eagan City Council D. PLANNED DEVELOPMENT AMENDMENT — YOCUM OIL CO. (Texaco at Thomas Lake Center) ACTION TO BE CONSIDERED: > To approve or deny a Planned Development Amendment for modifications to signage and architectural treatments for the Texaco facility on Lot 5, Block 1, Thomas Lake Center. FACTS: > The applicant proposes replacing existing fascia with backlit illuminated vinyl banding on the building, repainting some of the existing fascia red, replacing the canopy fascia and rounding the corners on the canopy, and adding an illuminated red band at the base of the canopy roof. According to the applicant, the proposed changes are part of the Texaco "Star 21 Global Image" program required by Texaco of its franchisees to update the appearance of the facility. > The proposed changes constitute an amendment to the Planned Development because they differ from the architectural treatment of the other buildings in this center and add an illuminated element not included in the original approval. > The APC held a public hearing on November 25, 1997, and recommended approval of the Planned Development Amendment, subject to the conditions outlined in the APC minutes. ATTACHMENTS: November 25, 1997 APC Minutesa e �tl�eu�k---- Staff Report, pages 4�throughiAl I 0 0 612 432 3780 SENT BY: 11-26-97 ; 14:58 ; SEVERSON SHELDON- 681 4694;# 6/12 Pine 5 November 25, 1997 ADVISUKY PLANNING COMMISSION PLANNED DEVELOPMENT AMENDMENT YOCUM OIL COMPANY Commission Chair Heyl opened the next public hearing of the evening regarding a Planned Development Amendment for changes to the signage and architectural treatments to the Texaco facility at 1579 Cliff Road, Lot 5, Block 1, Thomas Lake Center_ Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in City staffs planning report dated November 19, 1997. Mr. Ridley noted the background and history, the surrounding uses and the existing conditions of the subject property. Mr. Ridley noted that improvements are presently being undertaken to the property which are not effected by the action of the Planning Commission. The applicant was represented by Andrew Hanson of Kraus Anderson. Mr. Hanson explained Texaco's Star 21 Global Image Program and its intent to update the facility. Commission Chair Heyl asked the applicant if the signage was going to be lit 24 hours a day and what impact would any lighting have on the property owners to the south of Cliff Road. The applicant advised that the sign lighting would be more of a glow and not a casting of light and also that the lighting around the building would be directed at the sidewalk area for the safety of customers. Tony Yokum, the owner of the property, stated that under an earlier agreement with the City his store closes at midnight. Mr. Yokum further stated that the property is in need of being upgraded and that the illuminated signage will not cause a concern for the neighbors. Mr. Yokum also indicated that he is in the process of removing some of the existing signage at the site. Member Miller moved, Member Carlson seconded, a motion to recommend approval of a Planned Development Amendment for changes to the signage and architectural treatments to the Texaco facility at 1579 Cliff Road, Lot 5, Block 1, Thomas Lake Center, subject to the following conditions: 1. The applicant shall enter into a Planned Development Agrccrnent with the City. 2. The applicant shall comply with the elevation plans dated 9/23/97. All voted in favor. �a� PLANNING REPORT CITY OF EAGAN REPORT DATE: November 19, 1997 APPLICANT: Yocum Oil Co. PROPERTY OWNER: United Properties REQUEST: Planned Development Amendment CASE: 28-RZ-25-9-97 HEARING DATE: November 25, 1997 PREPARED BY: Pamela Dudziak LOCATION: 1579 Cliff Road — Texaco, Thomas Lake Center COMPREHENSIVE PLAN: CSC, Community Shopping Center ZONING: PD, Planned Development SUMMARY OF REQUEST Yocum Oil Co. is requesting a Planned Development Amendment for changes to the signage and architectural treatments to the Texaco facility at 1579 Cliff Road, Lot , Block 1, Thomas Lake Center. AUTHORITY FOR REVIEW Chapter 11.40, Subd. 5, Amendments (Including Zoning) states in part that zoning amendments may be initiated by the property owner, Planning commission or City Council. Such requests require a public hearing, and approval requires an affirmative vote of 2/3rds of all members of the Council. BACKGROUND/HISTORY The original planned development proposal for the 600 acre Blackhawk Park Planned Development was submitted to the City in 1972 as "Eagan 500." The Blackhawk Park Planned Development Agreement was executed in June 1977 for a 15 year term. Thomas Lake Center was platted and the strip center on Lot 1 constructed in 1987. The Texaco on Lot 5 was constructed in 1989. Other free-standing businesses and the additional parking for Life Time Fitness were constructed in 1995 and 1996. EXISTING CONDITIONS The site is located in Thomas Lake Center. The strip center contains Snyder's Drug, Jonathon Dental, True Value, Mailboxes Etc., Tavelink, and others. In addition to the Texaco on Lot 5, other free-standing businesses within Thomas Lake Center include Video Update (Lot 3), Car Care Muffler and Brake (Lot 4), and Xpress Lube (Lot 6). Lot 2 provides additional off-site parking for Life Time Fitness north of Thomas Center Drive. 13b Planning Report — Yocum Oil Co. (Texaco) November 25, 1997 Page 2 Existing buildings within this Planned Development consist of brick and block materials in similar color. The Texaco has exterior materials in gray rockface block with a gray painted metal fascia. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround Thomas Lake Center: North - Health club (Life Time Fitness), Zoned PD, Planned Development; Guided CPD, Commercial Planned Development South - Single -Family Residential (across Cliff Road); Zoned R-1, Single -Family Residential; Guided D -I, Residential Single Family (0-3 units /acre) East - Vacant: Zoned R-1, Single -Family Residential; Guided D -I, Residential Single Family (0-3 units/acre) West - Vacant; Zoned PD, Planned Development (approved uses include theater and office); Guided CPD, Commercial Planned Development EVALUATION OF REQUEST Description of Proposal — Yocum Oil is proposing to update the fascia panels and signage on the gas canopy and building. According to the applicant, the proposed changes are part of the Texaco "Star 21 Global Image" program required by Texaco of its franchisees to update the appearance of the facility. The Star 21 changes are designed to improve the look and safety of the facility and to provide a warmer and more inviting feel to the facility. Building Improvements - The applicant proposes to replace the existing gray metal fascia with a florescent backlit illuminated vinyl banding. The new illuminated banding is proposed along the full length of the south and west elevations, and along a portion of the north elevation. The existing fascia on the east side of the building will be repainted red, as will the remaining top fascia around the entire building. Canopy Improvements - New black fascia panels are being installed on the canopy, with an illuminated red band around the base of the canopy roof to provide a "warm welcoming subdued glow." The sharp corners of the canopy and building fascia will be rounded, and the canopy columns will also receive rounded plastic column covers to improve their appearance and make them more durable. A sign permit has been issued for the installation of the new canopy fascia, however the illuminated red banding is considered part of this amendment request. Compatibility with Surrounding Area — Through the use of planned development zoning, the city has attempted to achieve architectural compatibility among the buildings within Thomas Lake Center, and compatibility with surrounding properties. The proposed changes constitute an amendment to the Planned Development because they differ from the architectural treatment of the other buildings in this center and add an illuminated element not included in the original approval. Staff has not received any inquiries expressing concern over the proposed amendment. !31 Planning Report — Yocum Oil Co. (Texaco) November 25, 1997 Pace 3 SUMMARY/CONCLUSION Yocum Oil is proposing signage and architectural treatments modifications to the Texaco facility at Thomas Lake Center. The most significant change with the proposed modifications is the addition of an illuminated element not included in the original Planned Development approval, both in the backlit fascia panels on the building, and the internally lit red band around the base of the canopy. The proposed improvements are part of an image upgrade required of all Texaco franchisees. ACTION TO BE CONSIDERED To recommend approval or denial of a Planned Development Amendment for modifications to signage and architectural treatments for the Texaco facility on Lot 5, Block 1, Thomas Lake Center. If approved, the following conditions should apply: 1. The applicant shall enter into a Planned Development Agreement with the City. 2. The applicant shall comply with the elevation plans dated 9/23/97. r 3a- S. i+:IIle] anill raI• maco Duper azore S79 Cliff Rnarl annee uevoinnmant a monrimic r.—► -1:19 : r e 4.."s 1 Lo 11-0 goal, Sowd 4 I mom RON •1111Its ■l'Ir19 %ourrum &Onins RD-Plannipd Dip►.F►lnr it cliff Road Lm No. 28sRZ-25-09-5 T. 61 1 , - - @. :4HUI JAPP ��lllt www IN ri lb LIM ime 1 ian uesignation mmmunity Shnnninn Canto X79 Guff Road ase No_ 28.RZ.25.09.9 MEN RO �I■ 0 a 0 THOMAS CENTER r iIiIIITII,I a g>IRLP ARCHITECTS INC. Texaco Retrofit • ~ ..�.�.y.„`�� Thrones N Cenler Espsn, NN .� SITE PLAN 11 IR qII k�l e > ALPARCHITECTS INC. T�:.eo RetrofitThoffih— h ~ rrrr • •r w EDW, N CenIN EDW, am �37 ELEVATIONS Agenda Information Item December 3,1997 Eagan City Council Meeting E. CONDITIONAL USE PERMIT - ENTERPRISE RENT - A -CAR ACTION TO BE CONSIDERED: • To approve or deny a Conditional Use Permit for Enterprise Rent-A-Car allowing outdoor storage of ten rental vehicles located in the in the NW1/4 of Section 15 subject to the conditions listed in the APC minutes. FACTS: • The Advisory Planning Commission heard this item at its November 25th meeting where it recommended approval of the Conditional Use Permit. No one from the public spoke at the meeting. Enterprise Rent -A- Car is proposing to rent 1,050 s.f space in the Duckwood Square Shopping Center. The space will be used for office and as a wash bay for cleaning, washing and vacuuming the rented vehicles. • Ten rental vehicles are proposed. They will be parked on the rear portion (south) of the building. ISSUES: The outside storage of rental vehicles is not specifically designated in the Code. However, the City Council has approved three conditional use permits for this use within the last seven years. BACKGROUND: Minutes of November 25, 1997 APC Meeting - page - ^T. Planning Staff Report - pages - 1 1; 0. G12 432 3780 SENT BY: 11-26-97 : 14:58 : SEVERSON SHELDON- 681 4694:# 7/12 Page 6 November 25, 1997 ADVISORY PLANNING C;of^USSION CONDITIONAL USE PERMIT ENTERPRISE RENT -A -CAR Commission Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit to allow the outdoor storage of rental automobiles located on Lot 1, Block 1, Duckwood Square, south of Duckwood Drive in the Northwest'/. of Section 15. Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in City staffs planning report dated November 18, 1997. Ms. Tyree noted the background and history, the surrounding uses and the existing conditions of the subject property. Ms. Tyree noted that a similar use was approved at the site for the outdoor storage of rental cars (a Goodyear Store) in 1996. Ms. Tyree indicated that she is not aware of any parking problems associated with the existing facility. Syd Speer of Enterprise Rent -a -Car addressed the Planning Commission as to the desirability of the location for Enterprise to service its customers in Eagan. Member Segal asked Ms. Tyree whether staff had any concerns with the parking at the Duckwood Square in light of the existing businesses and the potential of two areas for outdoor storage of rental cars. Ms. Tyree responded that staff was unaware of any complaints and that upon inspection, adequate parking seemed to exist on the site. The owner of the property stated that there existed more than ample parking on the site. Member Miller moved, Member Frank seconded, a motion to recommend approval of a Conditional Use Permit to allow the outdoor storage of rental automobiles located on Lot 1, Block 1, Duckwood Square, south of Duckwood Drive in the Northwest % of Section 15, subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of City Council approval with receipt to the City. 2. Parking for the rental vehicles shall be according to the approved site plan submitted with this application (dated Octobcr 20, 1997). 3. Signs shall be erected identifying the parking spaces approved for the rental vehicle locations. 4. The total number of vehicles shall not exceed 10. 5. The sale of vehicles is prohibited. 159 SENT BY: 612 432 3780 11-26-97 : 14:59 : SEVERSON SHELDON 681 4694:# 8/12 Page 7 November 25, 1997 ADVISORY YLANNINU COMMISSION 6. Cleaning and maintenance shall be limited to washing, vacuuming and fluid changes and refills. No mechanical repair, body repair, or painting shall be permitted. 7. All cleaning and maintenance {as described in Condition #6} of the automobiles shall occur completely within the building. No outside cleaning or maintenance is permitted. 8_ No flags, balloons, banners, signs, pennants, ribbons, streamers, or whirling devices shall be attached to vehicles. 9_ The vehicles stored on the property shall not be utilized for display purposes, nor shall such vehicles have rental information displayed on the windows or any other part of the vehicles. All voted in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: November 18, 1997 CASE: 15 -CU -34-10-97 APPLICANT: Syd Speer - Enterprise Rent A Car HEARING DATE: Nov. 25, 1997 PROPERTY OWNER: Metro Center Develop't PREPARED BY: Shannon Tyree By: Wagner Corporation, Lowell J. Wagner REQUEST: Conditional Use Permit - Outdoor storage of rental vehicles LOCATION: Lot 1, Block 1, Duckwood Square -1340 Duckwood Drive Suite 6 COMPREHENSIVE PLAN: CA - Central Area ZONING: CSC - Community ShopEing Center SUMMARY OF REQUEST Syd Speer, a representative of Enterprise Rent A Car, is requesting a Conditional Use Permit (CUP) to allow the outdoor storage of rental automobiles located Lot 1, Block 1, Duckwood Square, south of Duckwood Drive in the Northwest 1/4 of Section 15. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subd. 4, C states: The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. Planning Report - Enterprise Rent A Car Planning Report Page 2 E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, flumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Performance Standards. Outdoor storage permitted in accordance with Subparagraph A. (Outdoor Storage by Businesses) herein shall comply to the following requirements, in addition to those requirements set forth in Subdivision 4 of Section 11.40 of this Chapter: 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the City. In General Business (GB) and Community Shopping Center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In Limited Industrial (I-1) and General Industrial (1-2) zoning districts, the enclosure may be detached from the principal building. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. 3. The outdoor storage area shall be screened from view from the public right of way and from any adjacent property, which is designated for residential uses in the Comprehensive Guide Plan. 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUNDIMSTORY Duckwood Square received preliminary plat approval in the 1990 for a 25,000 square foot retail shopping center. q 2- Planning Report - Enterprise Rent A Car Planning Report Page 3 The outside storage of rental cars is not specifically designated as a use in the Code. However, Agency Rent-A-Car located in the Yankee Square Shopping Center (1990) and the Goodyear Service Center located in the Cedarvale area (1992) received CUP's to rent automobiles. Last year Jim Cooper's Goodyear store received approval for outdoor storage of rental cars in the same retail center, Duckwood Square, as this proposal. EXISTING CONDITIONS The shopping center has 142 parking spaces. In 1996, Goodyear was approved to designate six parking spaces for Express Rent A Car (see site plan for the location of these spaces). Enterprise intends on leasing 1,050 s.f of tenant space that is vacant and is located between Companion Animal Hospital and The Bridal Shop. The residential district located south of this site is separated by a steep, wooded hill. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Wal-Mart; zoned CSC; guided CA. South - Hidden Oaks Townhomes & Crestridge Apartments; zoned PD; guided CA. East - VonHansen's Meats and Hardware Hank; zoned CSC; guided CA. West - Frank's Nursery & Crafts; zoned CSC; guided CA. EVALUATION OF RE UEST Compatibilin with Surrounding Area - The proposed use appears compatible with the commercial nature of the area. F Site Plan - The 1,050 s.f. space will be used as office space and a bay to be used to vacuum and handwash vehicles. The site plan identifies ten (10) "Enterprise Vehicles Only" parking spaces located on the rear or south side of the strip building. As previously stated the overall site has 142 parking spaces; 141 are required by Code. Six spaces have been previously designated for use by Goodyear's Express Rent a Car. There are no documented concerns regarding lack of parking at this location. The average number of spaces used recorded by staff of several inspections to the site was 49. The inspections occurred at random times throughout the day and occurred both on weekdays and on a weekend. Based on those findings, it appears that enough parking is available if the 10 parking spaces identified by Enterprise Rent a Car are occupied. Planning Report - Enterprise Rent A Car Planning Report Page 4 Access - Access to the site is from Duckwood Drive. There are four locations along Duckwood Drive, which would allow access to this location. The developments neighboring this site, Eagan Convenience Center, Frank's Nursery & Crafts, VonHansen's Meats and Hardware Hank, all have existing cross ingress/egress easements allowing an interconnection for traffic to move freely through the entire site. SUMMARY/CONCLUSION Enterprise Rent A Car proposes the outdoor storage of rental vehicles available to the general public. It appears that the site will experience minimum impact due to the number of vehicles proposed to be rented. The parking of 10 rental cars at this location appears to be compatible with the site and surrounding uses. ACTION TO BE CONSIDERED To recommend approval or denial of the proposed Conditional Use Permit allowing the CONDITIONS 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of City Council approval with receipt to the City. 2. Parking for the rental vehicles shall be according to the approved site plan submitted with this application (dated October 20, 1997). Signs shall be erected identifying the parking spaces approved for the rental vehicle locations. 4. The total number of vehicles shall not exceed 10. 5. The sale of vehicles is prohibited. 6. Cleaning and maintenance shall be limited to washing, vacuuming and fluid changes and refills. No mechanical repair, body repair, or painting shall be permitted. 7. All cleaning and maintenance (as described in Condition #6) of the automobiles shall occur completely within the building. No outside cleaning or maintenance is permitted. 8. No flags, balloons, banners, signs, pennants, ribbons, streamers, or whirling devices shall be attached to vehicles. The vehicles stored on the property shall not be utilized for display purposes, nor shall such vehicles have rental information displayed on the windows or any other part of the vehicles. FINANCIAL OBLIGATION—15-CU-34-10-97 Lot 1, Block 1, Duckwood Square There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are presented. The charges are computed using the City's existing fee schedule and availability of the City's utility. Improvement None Use Rate 4-S Quantity Amount S4 @AT91�;I11010mill ewI• 6 ." mrnrlcp Kant.z 4u Ducicwood Drive maitionai use Pem Me No. 75 -CU -34-10-5 m " n won UnI ng VV VI\ 1 � n�rru it AT C ��•r- m�„ nl un�' war rl Ir tf 11 .- ■ Irt IF �� mmlem n� -I MM. Enterprise Rent A Car 0 A raa all &w�m rh 6 WIN Eagan Dnvenience Ctr AIF7%, Hardee's Firm Bank ,cl Frank's Duckw ood Square in N A Locati I ihfio-sAiO bmIr-am CY L -- r VLw3 r� %wvn 61731►Q7v`•a•••• =iwe+nos 000m>iiona I- aYm ,u w� ll p"lm yr a NO u u O O rn Agenda Information Memo December 3, 1997 Eagan City Council Meeting F. CONDITIONAL USE PERMIT - FAITHFUL SHEPHERD CATHOLIC SCHOOL ACTION TO BE CONSIDERED: To approve/deny a Conditional Use Permit to allow a kindergarten and middle school in the Business Park zoning district for property preliminarily platted as Lots 4 and 5, Block 2, Eagandale Corporate Center No. 2. FACTS: • At its regular meeting on November 3, 1997, the Eagan City Council approved a text amendment to Chapter 11 to provide for a kindergarten, middle, and high school as a Conditional use within the Business Park zoning district. • The Preliminary Subdivision for Eagandale Corporate Center No. 2 was approved by the City Council at its regular meeting on June 17, 1997. In addition, the City Council discussed maximizing access to Yankee Doodle Road and suggested that the developer investigate an additional access to the site by extending Wescott Hills Drive north of Yankee Doodle Road. • The conceptual site plan calls for an 85,000 sq. ft. school building which includes a 20,000 sq. ft. future expansion and also area to accommodate parking, two ball fields, soccer field, and a nature trail that would be connected to the City's trail system and a playground area. • The Advisory Planning Commission held a public hearing on November 25, 1997 and recommended approval (5/2) of the Conditional Use Permit subject to the conditions outlined in the Advisory Planning Commission minutes. ISSUES: • For safety reasons, the adjacent property owners to the east of the site have shared their opposition to introducing the school use on this property. Although the general consensus of the Planning Commission was that the use would be suitable at this location, the vote in opposition to recommend approval of the Conditional Use Permit primarily centered around the fact that access to the site had yet to be determined and that moving forward with the conditional use approval without ultimately seeing the final site design, including access, was premature. BACKGROUND/ATTACHMENTS: (3) November 25, 1997 APC minutes,a s SI -through Staff Report, pages throughl . 11/21/97 letter from attorneys representing Stock Lumber Inc., pages �throughl7c-�. • 0 612 432 3780 SENT BY= 11-26-97 : 14:39 : SEVERSON SHELDON 681 4694:# 9/12 Page 8 November z5, 1997 ADVISORY PLANNING COMMISSION CONDITIONAL USE PERMIT FAITHFUL SHEPHERD CATHOLIC SCHOOL Commission Chair Hey] opened the next public hearing of the evening regarding a Conditional Use Permit to allow an elementary and middle school in a Business Park zoning district on Lots 4 and 5, Block 2, Egandale Corporate Center, located north of Yankee Doodle Road and east of Lexington Avenue in the SWV4 of Section 11. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in City staffs planning report dated November 19, 1997. Mr. Ridley noted the background and history, the surrounding uses and the existing conditions of the subject property_ Mr. Ridley stated that landowners to the east of the site have expressed their opposition to the introduction of school children and buses to the industrial area. Mr. Ridley also noted that neighbors to the south of the site have expressed their support for the proposal. Commission Chair Heyl asked if access from the west was no longer feasible as was approved in the preliminary plat for Eagandale Corporate Center No. 2. Mr. Ridley stated that the applicant can address why the road has not been extended east to service the project. The applicant was represented by Chuck Hall. Mr. Hall addressed the history of religious education services available to the City and the efforts undertaken in the selection of the proposed site. Mr. Hall noted that there is an identified need for a Catholic grade school in the City of Eagan and that the site optimized the availability of using public transportation through the cooperation of Independent School Districts No. 196 and 197, whose boundary lines are near the selected site Mr. Hall also noted that the selected site is almost at the boundary line separating the three parishes which will financially support the school. Mr. Hall stated that it was unlikely that children would be walking to the site but rather would arrive by either bus or family car. Member Segal asked the applicant where the alternate access would be to the site should the property owners to the east or the City deny the northerly extension of Wescott Hills Drive, north of Yankee Doodle Road. Member Frank inquired as to whether the owner of the property was conveying a landlocked parcel to the Church. Mr. Hall affirmed that that is the cast and suggested that the alternate access would have to come from the west. Mark Anderson, an attorney representing Stock Lumber, expressed his client's opposition to the extension of Wescott Hills Drive upon his client's property. Mr. Anderson expressed the concern of mixing truck traffic with vehicles containing students. 612 432 3780 SENT BY- 11-26-97 ; 15:00 ; SEVERSON SHELDON- 681 4694;#10/12 Page 9 November 25, 1997 ADVISORY PL.ANMNG COMMISSION Members Miller and Segal suggested that the extension of the road in its upgrade to City standards may be beneficial to all the property owners and make the street safer. In response to an inquiry by Commission Chair Heyl, Mr. Anderson stated while his client does not believe the site is ideal for a school, their main concern is the access through their property. The manager of Stock Lumber expressed his concern that the school is not a good fit for an industrial area. He expressed the amount of traffic and material that would potentially conflict with school buses and school children. He further stated that he did not believe that the proposed school was compatible with the surrounding area. Commission Chair Heyl asked the applicant if other children would be using the ballfield and raised questions regarding the trails shown on the site plan. Mr. Hall indicated that the trails were shown in conformance with property owners intentions to link the Skyline Display area with other portions of the site and felt that the difficulty of crossing Yankee Doodle Road or Lexington Avenue would. impact whether the ballfields were used by area residents. The Members discussed the lack of an identified public access to the site. Member Frank expressed his concern with the owner selling a landlocked property, but thought that Condition No. 3 to the staff report was unnecessary if Condition No. 1 requiring platting were to include the need for a public access_ Member Carlson expressed that she did not find any conflict with the compatibility of the land uses and noted several instances where schools in industrial areas have co -existed. Commission Chair Heyl reiterated that the road access is a significant issue in that the development of a school may require a combination of two accesses. Member Segal expressed his concern regarding the approval of a conditional use permit without a definitive site plan. He believed that the applicant was forcing a decision without having settled the access issue and thought such action was premature. Commission Chair Heyl concurred and expressed that the owner of the property should be held to the preliminary plat. Member Miller inquired of staff whether the Council had expressed a desire to improve Wescott Halls Drive as a second access to the approved preliminary plat_ Mr. Ridley stated that that was discussed briefly by the Council at the time of preliminary subdivision approval. Member Bakken moved, Member Carlson seconded, a motion to recommend approval of a Conditional Use Permit to allow an elementary and middle school in a Business Park zoning district on Lots 4 and 5, Block 2, Bagandale Corporate Center, / 53 SENT BY 612 432 3780 11-26-97 : 15=00 Yager 10 November 25, 1997 ADVISORY PLANNING COAMSSION SEVERSON SHELDON 681 4694:#11/12 r-- :� :... located north of Yankee Doodle Road and east of Lexington Avenue in the SW%4 of Section 11, subject to the following conditions - 1 _ The property shall be platted. 2. The CUP shall be recorded at Dakota County with the Final Subdivision. Upon inquiry by Member Segal, Members Bakken and Carlson agreed to amend their motion so that Condition No. 1 would read "the property shall be platted with public access." All voted in favor, except Commission Chair Heyl and Member Burdorf opposed. �s�k PLANNING REPORT CITY OF EAGAN REPORT DATE: November 19, 1997 APPLICANT: Faithful Shepherd Catholic School PROPERTY OWNER: Maplewood Acres REQUEST: Conditional Use Permit CASE: 11 -CU -35-10-97 HEARING DATE: Nov. 25, 1997 PREPARED BY: Mike Ridley LOCATION: North of the intersection of Yankee Doodle Road and Wescott Hills Drive COMPREHENSIVE PLAN: Industrial (IND) ZONING: Business Park (BP) SUMMARY OF REQUEST Faithful Shepherd Catholic School is requesting approval of a Conditional Use Permit (CUP) to allow a kindergarten and middle school in the BP zoning district for property preliminarily platted as Lots 4 & 5, Block 2, Eagandale Corporate Center No. 2, located in the northeast intersection of Yankee Doodle Road and Lexington Avenue in the SW '/4 of Section 11. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. SSS Planning Report — Faithful Shepherd Catholic School — CUP November 25, 1997 Page 2 D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions. states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY Northwestern Mutual Life (NML) had received preliminary subdivision approval for the 200 - acre Eagandale Corporate Center site in May 1995. Due to delays in bringing the Final Subdivision application forward, a one-year extension of the preliminary subdivision approval was requested. In reviewing the extension request, concerns were raised regarding the appropriateness of industrial development along the Yankee Doodle Road corridor. In response to these concerns the City Council approved a one-year preliminary subdivision extension for the northerly 120 acres of the 200 -acre site in June 1996. The preliminary subdivision approval for the southerly 80 acres expired at this time. At their regular meeting of June 17, 1997 the City Council took action to rezone the southerly 80 acres from Industrial, I-1 to Business Park, BP and approve the preliminary subdivision for Eagandale Corporate Center No.2. In addition, the Council discussed maximizing access to Yankee Doodle Road and suggested that the developer investigate an additional access to the site by extending Wescott Hills Drive north of Yankee Doodle Road. At their regular meeting of November 3, 1997 the City Council approved a text amendment to Chapter 11 to provide for kindergarten, middle, and high schools as a CUP in the BP zoning district. Planning Report — Faithful Shepherd Catholic School — CUP November 25, 1997 Pate 3 EXISTING CONDITIONS The site is undeveloped and contains a mixture of wetlands, trees, and some topographic variation. The Preliminary Subdivision shows access provided to the subject site from the west via a cul-de-sac that terminates at the west edge of the school site. According to the applicant, following a lengthy search by the site location committee, this site was selected as the preferred site for several reasons. The intersection of Yankee Doodle Road and Lexington Avenue is located at the center of the parish boundaries of the three parishes which are involved in the project, those being St. Thomas Beckett in Eagan, St. John Neumann in Eagan, and St. Peter's in Mendota. The site also falls at the intersection of Public School Districts 196 & 197, who will be providing bus transportation for Faithful Shepherd students. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Undeveloped; zoned and guided for industrial development. South - Carriage Hills Golf Club and Mary's shelter zoned PF and LB; guided PF and D -III. East - Undeveloped and warehouse; zoned and guided for industrial development. West - Undeveloped/Skyline Displays; zoned BP and guided IND, EVALUATION OF RE UEST Compatibility with Surrounding. Area — The school use within the Business Park zoning district is provided as a conditional use. As illustrated above, the site is surrounded by a variety of uses. From a site development standpoint, a school campus can take advantage of the site topography, wetlands, and existing vegetation. Peak traffic generated by the school use will occur at specific times (early morning and mid-afternoon). This traffic will interact with existing traffic on City streets, county roads, and, as proposed, the drive serving the adjacent properties to the east. For safety reasons, adjacent property owners to the east of the site have shared their opposition to introducing the school use on this property. Also, property owners to the south of the site have contacted staff to voice their support of the school at this location. The conceptual site shows access to the site only off of the existing private drive (referred to as Stock Road) along the east edge of the site. This will require the drive to be upgraded to public street standards. Concerns raised by property owners to the east include the mixing of school traffic with the existing truck traffic generated by the warehouse and Stock Lumber operations. The applicant has stated that historically, the typical elementary school has been located within the residential area that they serve which made it convenient for students to walk to school. However, given the regional draw projected for the Faithful Shepherd School, students will have to be driven or take a bus to school; therefore, a location within a residential zone is not a priority. Ise Planning Report — Faithful Shepherd Catholic School — CUP November 25, 1997 Page 4 The applicant also provides two examples of schools locating within business or commercial districts. One example is Tesseract School in Eagan. The sole access to Tesseract is shared by industrial, commercial, and residential uses, including multi -family. Another example is the recently completed St. Huberts Catholic Church and School which is located in a mixed use commercial development in Chanhassen. Site Plan — The conceptual site plan calls for an 85,000 SF school building, which includes a 20,000 SF future expansion. The site will also accommodate parking, two ball fields, a soccer field, nature trail connected to the City's trail system, and a playground area. The applicant states that the proposed site design responds directly to the issue of student safety by separating bus and auto traffic immediately upon entering the site. Considering the suburban location of the site, it is anticipated that few, if any, students will walk to this school. Therefore, access will be via bus or automobile using public streets. The risk proposed by truck traffic or other traffic on adjacent sites is no greater than the risk proposed by students riding in buses or cars on public streets such as Yankee Doodle or Lexington. In fact, there will be far less traffic on the proposed public access located on the east side of the site than on any of the adjacent existing streets. Landsca ing — A landscape plan has not been prepared at this point in time. A landscape plan will be required for staff review and approval as part of the building permit process. Gradin{°/Storm Drainage — The developer has not proposed any specific site grading at this time. The preliminary storm drainage plan approved with the Eagandale Corporate Center 2°d Addition preliminary subdivision showed the construction of a storm water pond near the existing wetland, Pond EP -2.4, along the east edge of the site. The new storm water pond will need to be constructed with development of this site. Storm water runoff will be conveyed through storm sewer from Pond EP -2.4 to Pond EP -2.3, a wetland north of Yankee Doodle Road at the Stock Lumber entrance. Utilities: Sanitary sewer and water main are available along Yankee Doodle Road and will need to be extended to service this development. Wetlands/Water Ouality — Wetland and water quality issues will be reviewed with the detailed site development plans during the building permit process. Street Access/ Circulation - Public street access is currently not available to serve this development. The street layout plan approved with the preliminary subdivision showed public street access to via a cul-de-sac (Challenger Circle) extended from the west. The applicant has recently submitted a petition for a public improvement project that includes the extension of Wescott Hills Drive north of Yankee Doodle. This is a change from the approved preliminary street layout and the public improvement project will need to be approved by Council prior to action on the final subdivision. 1,59 Planning Report — Faithful Shepherd Catholic School — CUP November 25, 1997 Page 5 Traffic volumes in 1995 on Yankee Doodle Road were 20,000 daily trips (weekday). Yankee Doodle Road in this area was reconstructed in 1995 and can accommodate anticipated traffic generated by the proposed development. Tree Preservation — Tree preservation issues, if any, will be reviewed with the detailed site development plans during the building permit process. Parks and Recreation — Park dedication issues will be reviewed with the detailed site development plans during the building permit process. SUMMARY/CONCLUSION The school use within the Business Park zoning district is provided as a conditional use. The site development plan appears to take advantage of the existing site amenities that include topography, wetlands, and existing vegetation. Peak traffic generated by the school use will occur at specific times (early morning and mid-afternoon). This traffic will interact with existing traffic on City streets, county roads, and, as proposed, the drive serving the adjacent properties to the east. Property owners to the east are opposed to this land use at this location and property owners to the south are in favor of this use at this location. Detailed development issues will be worked out during the building permit process. ACTION TO BE CONSIDERED To recommend approval or denial of a Conditional Use Permit (CUP) to allow a kindergarten and middle school in the BP zoning district for property preliminarily platted as Lots 4 & 5, Block 2, Eagandale Corporate Center No. 2, located in the northeast intersection of Yankee Doodle Road and Lexington Avenue in the SW 1/4 of Section 11. If approved the CUP shall be subject to the following conditions: 1. The property shall be platted. 2. The CUP shall be recorded at Dakota County with the Final Subdivision. 3. Approval of the CUP as presented is subject to the applicant obtaining public access as shown on the Concept Plan dated October 15, 1997. /SY FINANCIAL OBLIGATION—11-CU-35-10-97 Lots 4 & 5, Block 2, Eagandale Corporate Center There are pay-off balances of special assessments totaling $76,024 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are presented. The charges are computed using the City's existing fee schedule and availability of the City's utility. Improvement Use Rate Quantity Amount Lateral Benefit Sanitary Sewer P.F. $20.60/ff 380 ff $7,828 Lateral Benefit Water P.F. 26.25/ff 380 ff 9,975 Storm Sewer Trunk PT .121/sq ft 456,509 sq ft 55,237 Total 7 040 The collection of this financial obligation is not a condition for the approval of the conditional use permit. It will be collected when the time final plat is processed. / �o aEinrui anepnera unu agandale Corporate C onditional Use Permi AT 01�040 0 vI19; acnvvl Lamer -Ints d A 0 ANFc-*ft Aam l v 4R : *4 _VA vm a - or Piz O CO) C -i C\j U) ooz c> E m uo m -_-_' . LEXINGTON AVE. ----_------_-_-._-...... ........ -.......................... _---` ......................... � CHALLENGER DRIVE MEL CD EAGANDALE PRELIMINARY CORPORATE | �� ii ` p r � `0 t - , `r�' '.�O ,f •'�, -�;�! -4 p'� � � O'I1S pp a ,�F� `, 1 XINGT AVEpt R • _�' r - ; t- t ' / r 1p 14 00 CD 0 1 y t - - + - • • �i , / ' /' I I m CD CD � Vis, 44t i I ti�� t ,r' ^^��•� .t ,°. F � �," � i '^t lR'p t-.� F E \`� it T EAGANDALE sg EXISTING CONDITIONS CORPORATE _ [ E SOUTH i CENTER N0. 2 N 1) 4 �� N 0 V 1 4 1997 BWBR Architects November 11, 1997 Mr. Michael Ridley City Planner City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Faithful Shepherd Elementary School �rehit�cture Interior D:,in Commission Number 97122.00 -101) Sihlr% Stmt Suitr 5011 St. Paul. %linnr,tl.1 �51Ul A 1 , 2 , 2 - 11 1 Dear Mr. Ridley: This letter is written as a follow up to the Conditional Use Permit Application which was filed for the subject project on October 15, 1997. Several issues have surfaced which we are prepared to address in the public hearing on November 25 as follows: • Site Location Following a lengthy search by the Faithful Shepherd Site Location Committee, this site was selected as the preferred site for a number of reasons. The intersection of Yankee Doodle Road and Lexington Avenue is located at the center of the parish boundaries of the three parishes which are involved in the project, those being St. Thomas Becket in Eagan, St. John Neumann in Eagan and St. Peter's in Mendota. The site also falls at the intersection of Public School Districts 196 and 197, who will be providing bus transportation for Faithful Shepherd students. • Compatibility of Uses with Adjacent Sites Historically, elementary schools have been constructed within the residential areas that they serve. This made it convenient for students to walk to school and convenient for parents as well. However, given the regional draw projected for the Faithful Shepherd School, students will have to be driven or take a bus to school; therefore, a location within a residential zoning district is not a priority. Precedent has already been established for locating an elementary school within a business or commercial district. One example is the Tesseract School in Eagan which is located within surrounding commercial uses and across the street from multi -family housing. Another example is the recently completed St. Huberts Catholic Church and School which is located in a mixed use commercial development in Chanhassen. Also the relatively large site size of 26.2 acres provides for adequate buffering zones from the adjacent sites. 1(ass- Mr. Michael Ridlev November ll, 1997 Page 2 • Safety The proposed site design for the Faithful Shepherd School responds directly to the issue of student safety separating bus and auto traffic immediately upon entering the site. Considering the suburban location of the site, it is anticipated that few if any students will walk to this school. Therefore, all access will be via bus or automobile using public streets to access the site and then separating the automobile traffic from buses and trucks. The risk proposed by truck traffic or other traffic on adjacent sites is no greater than the risk proposed by students riding in buses or cars on public streets such as Yankee Doodle or Lexington. In fact, there will be far less traffic on the proposed public access street located on the east side of the site than on any of the adjacent existing streets. Also, site lines are very good and the access off of the proposed Stock Road will be setback a minimum of 350 feet north of Yankee Doodle Road. • Bus Staging It is anticipated that approximately half of the student body for Faithful Shepherd School will be bused, with the other half being dropped off by parents. Busing will be provided by School Districts 196 and 197 from collection points within those districts. Staging area is provided for up to nine buses, which would handle a student population of 450 students. Since the school is designed for 600 students, the busing capacity for the staging area is roughly 50 percent higher than what will actually be needed. • Water Quality We anticipate preserving all existing wetlands on the site and we further anticipate constructing, a new retention pond as a means of capturing run-off and maintaining storm water quality. A new retention pond is shown on the site plan, although the location of the pond is not yet fixed. Mike, if there me other issues which you feel ive should be prep nred to discuss at Nie public hearing, please let us know. If you have any questions on any of the items in this letter, please do not hesitate to contact me at 290-1953. Sincerely yours, BWBR ARCHITECTS INC. Stephen P. Patrick, AIA Principal cc: Wayne Bugasch, Faithful Sliepherd Chuck Hall, C. Hall Associates 12 November, 1997 BWBR Architects, Inc. 11-11-97ridle} b COATNEY PROPERTIES, INC. 1375 Trout Brook Circle St. Paul, Minnesota 55117-0280 November 8, 1997 City of Eagan Mr. Michael Ridley Planning Commission Department 3830 Pilot Knob Road Eagan, MN. 55122 RE: Case # 11 -CU -35-10-97 Faithful Shepherd Catholic School Dear Mr. Ridley; I am the managing partner of a warehouse building that is located at 945 Yankee Doodle Road in Eagan, MN. It has come to my attention that a parochial school is being proposed in the Industrial Park adjacent to this property. The facility at 945 Yankee Doodle Road is leased, on a long term basis, to Terminal Warehouse Company, Inc. who is in the business of providing public warehousing, short or long term and industrial distribution to a variety of industries and businesses. Terminal Warehouse Company, Inc. has heavy truck and rail traffic moving in and out of this facility on a daily basis. The access to the property travels over a road that also serves Stock Lumber Company. This facility, from my observation, also has heavy truck and rail traffic moving in and out on a daily basis. I believe this type of activity is not conducive to the intermingling of school buses and cars, loaded with elementary school children. I am vehemently opposed to the above referenced school being placed in an Industrial Park. At a recent planning commission board meeting, 1 heard a large group of citizens concerned about the safety of children around a business development that Blue Cross & Blue Shield is proposing, in conjunction with Delta Dental. These neighbors were concerned that the increase in traffic will result in injury to their children, a valid point. Yet the planning commission, at the same meeting, approves to put a elementary school within an Industrial Park! 1 fail to see the logic in that decision. This is an Industrial Park that is filling with truck terminals, warehouse and distribution centers and other corporate buildings. This will have dramatic increase in the truck and car traffic on Yankee Doodle Road. right where this school is proposing to go. This is an incompatible use of this property. The proposal to put an elementary school on a major connector, that was just upgraded to handle the additional truck and heavy traffic, is creating an extremely dangerous situation. Although proponents state that the children will be bussed to and from the site, there is no guarantee of this occurring. The site plan calls for baseball fields, soccer fields and playgrounds. These will surely draw children to the site all year long. Not just students at the school but neighborhood children as well. Exposing these children to commercial rail traffic, heavy truck and car traffic, places them in a very hazardous position. I am certainly not opposed to parochial schools. I attended parochial schools all my life, from grade school through college. However, I believe this is truly a dangerous situation that is being created. I would strongly urge the planning commission and City Council to review this proposal, giving careful consideration to the safety of the children. Not only the approximate 660 children who will be attending this proposed school but also the numerous neighborhood children who live close to this facility and who will be drawn to this dangerous site. Respectfully submitted, COATNEY PROPERTIES, INC. Br nt M. Coney Managing Partner BMC.pc cc: The Eagan City Council The Eagan Planning Commission The Mayor of Eagan M. Gendron - Stock Lumber W. Hoovestol - Hoovestol, Inc. WAGNER, FALCONER 6 JUDD. LTD. BY MAIL AND TELECOPIER -681-4694 Mr. Michael Ridley Senior Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 C_J.WAGNER [1905-19881 -ALSO ADMITTED IN WISCONSIN Re: Name of My Client: Stock Lumber, Inc. Application of Faithful Shepherd Catholic School for Conditional Use Permit Petition of Faithful Shepherd Catholic School and Maplewood Acres, Inc. for Condemnation of Right -of -Way Dear Mr. Ridley: This law firm represents Stock Lumber, Inc. ("Stock Lumber"), 915 Yankee Doodle Road, Eagan, Minnesota 55121. The property owned by Stock Lumber at 915 Yankee Doodle Road is located immediately east of the 26 -acre site owned by Maplewood Acres, Inc. ("Maplewood Acres"). Faithful Shepherd Catholic School ("Shepherd School") is negotiating to purchase and then construct an elementary and middle school facility on the site. Stock Lumber has received notices and information indicating that Shepherd School has submitted an application to the City of Eagan for a Conditional Use Permit to allow the elementary and middle school facility to be an appropriate use in the Business Park zoning district. The permit request will come before the Advisory Planning Commission at a meeting scheduled for 6:30 P.M. on Tuesday, November 25, 1997. The City Council will consider the permit request at a meeting scheduled for December 3, 1997. Further, Stock Lumber understands that Maplewood Acres and Shepherd School have submitted or will submit a petition to the City of Eagan requesting condemnation of private road property owned by Stock Lumber, immediately east of the Shepherd School site, for use as a public roadway. Stock Lumber respectfully gives notice to the City of Eagan and all other interested parties that Stock Lumber opposes the application for a Conditional Use Permit and also vigorously opposes the petition for condemnation of the private road. I will attend the Planning Commission meeting on November 25 and the City Council meeting on December 3 to voice Stock Lumber's objections. Michael Gendron, general manager of Stock Lumber, will attend the meetings with me. ATTORNEYS AT LAW 26SO IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS. MINNESOTA 55-402-2113 ALAN W. FALCONER ROBERT A. JUDD • (612)339-1421 JAMES K. SANDER MARK O. ANDERSON FAX FAX (612)349-6691 RODNEY A. HONKANEN MICHAEL J. D.PONT wfjudd®aol.com November 21, 1997 BY MAIL AND TELECOPIER -681-4694 Mr. Michael Ridley Senior Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 C_J.WAGNER [1905-19881 -ALSO ADMITTED IN WISCONSIN Re: Name of My Client: Stock Lumber, Inc. Application of Faithful Shepherd Catholic School for Conditional Use Permit Petition of Faithful Shepherd Catholic School and Maplewood Acres, Inc. for Condemnation of Right -of -Way Dear Mr. Ridley: This law firm represents Stock Lumber, Inc. ("Stock Lumber"), 915 Yankee Doodle Road, Eagan, Minnesota 55121. The property owned by Stock Lumber at 915 Yankee Doodle Road is located immediately east of the 26 -acre site owned by Maplewood Acres, Inc. ("Maplewood Acres"). Faithful Shepherd Catholic School ("Shepherd School") is negotiating to purchase and then construct an elementary and middle school facility on the site. Stock Lumber has received notices and information indicating that Shepherd School has submitted an application to the City of Eagan for a Conditional Use Permit to allow the elementary and middle school facility to be an appropriate use in the Business Park zoning district. The permit request will come before the Advisory Planning Commission at a meeting scheduled for 6:30 P.M. on Tuesday, November 25, 1997. The City Council will consider the permit request at a meeting scheduled for December 3, 1997. Further, Stock Lumber understands that Maplewood Acres and Shepherd School have submitted or will submit a petition to the City of Eagan requesting condemnation of private road property owned by Stock Lumber, immediately east of the Shepherd School site, for use as a public roadway. Stock Lumber respectfully gives notice to the City of Eagan and all other interested parties that Stock Lumber opposes the application for a Conditional Use Permit and also vigorously opposes the petition for condemnation of the private road. I will attend the Planning Commission meeting on November 25 and the City Council meeting on December 3 to voice Stock Lumber's objections. Michael Gendron, general manager of Stock Lumber, will attend the meetings with me. November 21, 1997 Mr. Michael Ridley City of Eagan Page two It is important to note that Stock Lumber does not oppose the construction of a new school facility. Stock Lumber is a proud member of the Eagan community and believes that the Shepherd School would be an excellent addition to the City of Eagan. However, Stock Lumber opposes the plan to locate the Shepherd School at the Yankee Doodle Road site. Further, even if the Shepherd School is constructed at the Yankee Doodle Road site, Stock Lumber strongly opposes and objects to any use of Stock Lumber's property for access to the school property. Stock Lumber's opposition and objections are based on several points, including the following: 1. The area surrounding the proposed school site is heavy industrial and includes industrial traffic, including large semi -trailer trucks. In addition, Stock Lumber's trucks travel in and out of the Stock Lumber property, over the private road, many times throughout every business day. Location of the school on the Yankee Doodle site would combine the school traffic (school buses, parents dropping off children, pedestrians, and normal school traffic) with the heavy industrial traffic of Yankee Doodle Road. 2. 'The petition for condemnation of the Stock Lumber road is inappropriate. The property is owned by Stock Lumber and should not be subject to condemnation by the City of Eagan. Turning the road into a public road, for access to the school facility, would place school children and vehicles traveling to and from the school in direct proximity with trucks and other traffic on the Stock Lumber road. The safety issues caused by this mix are of great concern to Stock Lumber, to say nothing of the increased liability exposure. 3. When the plat for the Eagandale Corporate Center No. 2 was approved earlier in 1997, the City of Eagan approved a 1,000 ft. cul-de-sac, to be called Challenger Circle. Any school facility constructed on the site should use the Challenger Circle access lane. Maplewood Acres, as owner, knew full well that the access serving Stock Lumber at the east edge of the property is not a public access, and therefore proposed the Challenger Circle cul-de-sac as part of the plat. Maplewood Acres, as it now sells the property, should not be permitted to force Shepherd School and the City of Eagan to make use of the Stock Lumber road for public access, whether as a primary access or a secondary access. Stock Lumber is respectful of the process involved in addressing issues involved in this matter. Stock Lumber is willing to meet with you, other City representatives, or any other interested parties to discuss any and all issues related to the Shepherd School site and the Stock Lumber property. Sincerely, WAGNER, FALCONER & JUDD, LTD. Mark O. Anderson MOA:jk ,70 Agenda Information Memo December 3, 1997 Eagan City Council Meeting G. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve or deny an amendment to Chapter 11, Land Use Regulations, by amending Section 11.10, Subdivision 31d, regarding free-standing antennae and tower height and setback requirements. FACTS: • In response to discussion at the APC workshop on October 9, 1997 and the City Council workshop on October 28, 1997, three revisions were made to the communication tower ordinance. The three changes involved measuring for spacing requirements from residential uses, measurement of the height of the tower, and minimum setback from residential uses. The Advisory Planning Commission held a public hearing on November 25, 1997 and recommended approval of the revisions as presented. Several residents spoke at the public hearing and commended the City for taking action to further protect the residential areas. BACKGROUND/ATTACHMENTS: (1) November 25, 1997 APC minutes, page Cover memo and revised ordinance, pages 71%1hroughLXP. �1( Ll • 612 432 3760 SENT BY: 11-26-97 : 15:00 : SEVERSON SHELDON- 681 4694:#12/12 Page 19 November 25, 1997 ADVISORY PLANNING COMNiIISSION If ORDINANCE AMENDMENT - CITY OF EAGAN Commission Chair Heyl opened the next public hearing of the evening regarding an Ordinance Amendment to Chapter 11 entitled "Land Use Regulations (Zoning)" by amending Section 11. 10. Subd. 31(D) regarding freestanding antennae and towers height and setback requirements and by adopting by reference Eagan City Code Chapter 1 and Section 11.99. Senior Planner Ridley introduced this item. Mr. Ridley explained the history of the requested amendment and referred to his memorandum to the Planning Commission Members dated November 20, 1997. Several members from the public expressed their support for increasing the setbacks from residential areas and thought that towers do not belong in residential neighborhoods. Commission Chair Heyl commented on the fact that the ordinance was being amended based upon residents concerns. Member Miller moved, Member Bakken seconded, a motion to recommend approval of an Ordinance Amendment to Chapter 11 entitled "Land Use Regulations (Zoning)" by amending Section 11. 10, Subd_ 31(D) regarding freestanding antennae and towers height and setback requirements and by adopting by reference Eagan City Code Chapter 1 and Section 11.99_ All voted in favor. TO: FROM: DATE: city of eagan CHAIR CARLA HEYL ADVISORY PLANNING COMMISSION MEMBERS MIKE RIDLEY, SENIOR PLANNER NOVEMBER 20,1997 SUBJECT: ANTENNAE COMMUNICATION TOWER ORDINANCE MEMO In response to discussion at the APC workshop on October 9, 1997 and the City Council workshop on October 28, the following changes have been made to the Communication Tower Ordinance: 1) measurement for spacing requirements from residential usewill be from the property line of residential zoning district instead of the residential structure. 2) height of the tower will be measured from the ground elevation as opposed to the base of the tower. 3) the minimum setback of the tower from residential use has been increased to 300'. If you have any questions regarding this, please feel free to contact me at 681-4689. Thank you. Senior Planner MR/j s I'� 3 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11. 10, SUBD. 31(D) REGARDING FREESTANDING ANTENNAE AND TOWERS HEIGHT AND SETBACK REQUIREMENTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter is hereby amended by changing Section 11.10 , Subd. 3l(D)(1) and (2)(a) and (b), to read as follows: D. Freestanding Towers and Antennae. (1) Freestanding Towers and Antennae in Residential Use Districts. Freestanding towers and antennae shall be permitted as an accessory use only in Agricultural Districts ("A"); Estate Districts ("E"); Residential Districts ("R-1, R-2, R-3, R-4 and R-5 "); and Planned Development Districts within the area which is designated solely for residential uses under a Planned Development Agreement ("PD"), subject to the following requirements: (a) The combined height of a freestanding tower and any antenna mounted thereto shall not exceed sixty (60) feet, in height, measured from the base ground elevation of the tower to the highest point of the tower, including any antenna mounted thereto; (b) Permanent platforms or structures, exclusive of antennae, that increase off-site visibility are prohibited; (c) No more than one (1) freestanding tower shall be permitted on any one residential lot; (d) All setback requirements for accessory structures, as set forth in this Chapter, shall be met, provided the minimum setback distance from a residential structure shall be equal to the permissible height of the tower; (e) The tower shall be located in the rear yard; I14 (f) The tower shall be self supporting through the use of a design that uses an open frame or monopole configuration; (g) No tower shall be used for commercial purposes. (2) Freestanding Towers and Antennae in Non -Residential Use Districts. Notwithstanding Paragraph (1) herein, freestanding towers and antennae shall be permitted pursuant to a conditional use permit approved by City Council only in Limited Industrial Districts ("I-1" ); General Industrial Districts ("1-2" ); Public Facility Districts ("P") and Planned Development Districts within the area designated solely for industrial uses under a Planned Development Agreement ("PD"), provided an antenna shall be a permitted use in a Public Facility ("P") provided the antenna is placed or mounted on a City water reservoir tank or tower. Freestanding towers and antennae permitted under this Paragraph shall be subject to the following requirements: (a) The combined height of any freestanding tower and antennae or satellite dishes mounted thereto shall not exceed: (i) one -hundred (100) feet, measured from the ound elevation of the tower to the highest point of the tower- antenna/satellite dish combination; or (ii) one -hundred twenty-five (125) feet, measured from the base ground elevation of the tower to the highest point of the tower-antenna/satellite dish combination, provided the tower is designed to: (A) Accommodate the applicant's antennae and at least one (1) additional comparable antennae for other communication providers; (B) Accept antennae mounted at varying heights; and (C) Allow the future rearrangement of antennae upon the tower. (iii) one -hundred fifty (150) feet, measured from the ase rg_ound elevation of the tower to the highest point of the tower- antenna/satellite dish combination, provided the tower is designed to: ISS (A) Accommodate the applicant's antennae and at least two (2) additional comparable antennae for other communication providers; (B) Accept antennae mounted at varying heights; and (C) Allow the future rearrangement of antennae upon the tower. (b) All setback requirements for any accessory equipment building or structure shall be met as set forth in this Chapter, provided the minimum setback distance of the tower from any resideii6e4 property line of a parcel or lot within a residential use district shall be equal to two (2) times the height of the tower or 300 feet, whichever is greater; Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: E. J. VanOverbeke Its: Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By: Thomas A. Egan Its: Mayor Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: � �0