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12/16/1997 - City Council Regulara AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING DECEMBER 16,1997 6:30 P.M. L ROLL CALL & PLEDGE OF ALLEGIANCE IL ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS (BLUE) A. AUTHORIZATION to proceed with RFP for swimming pool V. CONSENT AGENDA (PINK) A. PERSONNEL ITEMS B. SUBGRANTEE AGREEMENT -1997 CDBG P /G C. ON -SALE LIQUOR LICENSE, Joe Senser's of Eagan, Inc., (former Cracker Barrel site), 3010 Eagandale Place 10/1 D. APPROVE CONTRACT with OHMS to provide third party administration of worker's compensation claims 1/2 E. APPROVE 1998 SPECIAL REVENUE FUND BUDGETS, including the Housing Revenue Bond Fund, the Police Forfeiture Fund, the Housing and Redevelopment Authority Fund, the Recycling Fund, the Economic Recovery Grant Fund, the Cedarvale Special Services Fund, and the Cable TV Franchise Fees Fund p o)o F. EXTENSION for recording the final plat of Lone Oak Third Addition G. AUTHORIZATION, Airliner and Spruce Motel properties, 2788 and 2794 Highway 55, yy preparation of agreement for owners consent to demolish and preparation of appraisal oR 3 H. RECOMMENDATION, Economic Development Commission, resolution supporting tort reform 1/ proposals, joint and several liability and employer reference immunity p y o I. ADOPT environmental assessment comments regarding extension of Runway 4/22 to 12,000 feet n S J. PROJECT 726, receive feasibility report/order public hearing (Greensboro Addition - Storm r Sewer) ^ 41 / K. PROJECT 717R, order public hearing (Country Homes Heights - Street Improvements) L. CONTRACT 97-11, approve Change Order No. 1 (Old Sibley Highway - Street & Utilities Improvements) M. PROJECT 727, authorize feasibility report (Donnywood Addition - Street Improvements) N. PROJECT 733, authorize feasibility report (McKee Addition - Street Improvements) t 3 O. CONTRACT 98-01, receive bids/award contract (Southern Lakes Water Tower) S- P. APPROVE 1998 consulting engineering rates Q. APPROVE 1998 Joint Powers Agreement (Street Maintenance) R. PROJECT 734, receive request/authorize feasibility report (Town Center 100 - Sidewalk) j6/ S. PROJECT 735, receive petition/authorize feasibility report (Wescott Hills Drive Extension) � T. CONFIRMATION of Findings of Fact, Conclusions & Resolution of Denial, Walter V. Nelson, C Lot 23, Block 2, Wilderness Run 2nd Addition located at 4304 Pilot Knob Road .7t) d U. AGREEMENT - McCarthy house IPA ;% V. TERMINATION of Interim Ordinance on communication towers in PF zones l 7.Z W APPROVE revision to Eagan Board representation of Gun Club Lake Watershed Management Organization d" 73 X. CONTRACT 95-Y, acknowledge completion/authorize City maintenance (Centex Vermillion Addition - Street & Utilities) Y. CONTRACT 96-L, acknowledge completion/authorize City maintenance (Centex Vermillion 2nd Addition - Street & Utilities) 7Y Z. CONTRACT 96 -GG, acknowledge completion/authorize City maintenance (Town Centre 70 Nineteenth Addition - Utilities) 7,5' AA. CONTRACT 96-07, approve final payment/authorize City maintenance (Hayes/Delosh Additions - Storm Sewer Improvements) I P 071 BB. REFUSE HAULER LICENSE, Clean Sweep, Inc. for construction/ demolition debris VL 7.00 - PUBLIC HEARINGS (SALMON) ri 07-7-A. BUILDING MOVE PERMIT for Jim Simonet I B. PROJECT 687, final assessment hearing (Biscayne Avenue - Street & Utility Improvements) C. PROJECT 725, (Oak Chase 1- - 6u Additions - Street Improvements) P/o3 D. VARIANCE to the building setback for the Fire Administration building VII. OLD BUSINESS (ORCHID) XIL ADJOURNMENT XIIL EXECUTIVE SESSION The City of Fagan 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. 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 1/4 of Section 33 and a VARIANCE to the maximum 8% cul-de-sac grade B. CERTIFICATION of 1998 Property Tax Levy, including City, Transit and Special Services District Q C. APPROVAL of 1998 General Fund Budget and 1998 Enterprise Fund Budgets, including Water, Sanitary Sewer, Streetlighting, Storm Drainage/Water Quality and Civic Arena D. APPROVAL of 1998-2002 Capital Improvement Program VIII. NEW BUSINESS (TAN) r A. BURNSVILLE/EAGAN TELECOMMUNICATIONS COMMISSION 1998 General Budget Ole B INITIATION of a request for special legislation allowing an increase to the number of on -sale /135,33 liquor licenses available to be issued vn 3 *7 C. ORDINANCE AMENDMENT - City of Eagan, to Chapter 11 entitled "Land Use Regulations ! (Zoning)" by amending Section 11.03 by adding the definition of adult establishment and by amending Section 11.20 regarding adult establishment as a permitted use in Limited Industrial, Research and Development and Business Park districts; and by adopting by reference Eagan n City Code Chapter 1 and Section 11.99 / / D. ORDINANCE AMENDMENT - Chapter 6 entitled "Other Business Regulation and Licensing" by adding Section 6.49 regarding Adult Establishments E. PRELIMINARY SUBDIVISION - Jon Paul Herbst (Cain Addition) of 1.67 acres for two single family lots, legally described as Lot 1, Block 1, Post Addition, located at 2890 Skyline Drive in the SW 1/4 of Section 4 8 5 F. PLANNED DEVELOPMENT AMENDMENT - Rahn Ridge Associates, to allow a parking lot as /J a principal use and a PRELIMINARY SUBDIVISION (Rahn Ridge 3rd Addition) of 2.42 acres for I two lots, legally described as Lot 2, Block 1, Rahn Ridge 2nd Addition, located on Rahn Cliff Road and Rahn Way in the NE 1/4 of Section 31 G. PLANNED DEVELOPMENT AMENDMENT - Centres Group Eagan, to allow a theater and a PRELIMINARY SUBDIVISION (Park Center Sixth Addition) consisting of approximately ten acres and one lot for a 64,232 sq. ft. 16-plex cinema, legally described as Outlot D, Park Center, except for Lot 1, Block 1, Park Center Fifth Addition, located north of Cliff Road between the senior building and Cliff Lake Road in the SE 1/4 of Section 30 IX. LEGISLATIVF.jINTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XL VISITORS TO BE HEARD (for those persons not on agenda) XIL ADJOURNMENT XIIL EXECUTIVE SESSION The City of Fagan 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. MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 12,1997 SUBJECT: AGENDA INFORMATION FOR DECEMBER 16, 1997 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the December 16, 1997 City Council agenda, the minutes of the December 3, 1997 regular City Council meeting and the minutes of the December 3, 1997 regular meeting of the Eagan Housing and Redevelopment Authority Board, the following items are in order for consideration. MINUTES OF:A:REgE1J-A--R-:MEWING OF THE i4S: Ct'Y: �{ii:T}ifiYL Eagan, Minnesof December 3,199`I A regular meeting of the Eagan Cityiouncil was.31','on Wednesday, December 3,1997 at 6:30 p.m. at the Eagan Municipal Center. Present ie:lVia3+pr wm and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Aiiifttiiistiator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA Councilmember Masin moved, CitilGiigeRt1er seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 WNUTES OF THE NOVENWR 18,19g -REGULAR MEETING Councilmember Blomquist regtie#:t14xt ori }tiag'in the paragraph under Economic Development Partnership, the fifth sentence should be changed as follows, "She added that meeting locations and times are changed each meeting". Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 1UI TES OF THE 'i1 } $M.18,1997 SPECIAL MEETING Councilmember Wachter moved, Co�i4rtcilmember­Bloprquist seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 pEPi'T HEAD BUSINESS APPROVE EAGAN FIRE DEPARTMENT RELIEF ASSOCIATION BYLAWS AND CONTRIBUTION AGREEMENT City Administrator Hedges providgd,an overview on this item. Councilmember Masin moved; Couiici ieiiibei %i4da seconded a motion to approve the Eagan Fire Relief Association Bylaws and Contribution 4r&ement.:::Aye: 5 Nay: 0 �k+�EEI'IIvG,�> CONSIDER A RESOLUTION APPROVING AMENDMENTS TO INTEREST RATE REDUCTION LOAN WITH CINNAMON RIDGE LIMITED PARTNERSHIP The regular City Council meeting was adjourned at 6:40 p.m. to the HRA meeting. The regular City Council meeting reconvened at 6:45 p.m. (Minutes of tttefiRA meeting are recorded under separate cover). ERfi% k- WEBS Councilmember Wachter moved, Councilmember $lamquist seconded a motion to direct the APrC to study a plan for the use of the City -owned Kuehne:&pperty in Patrick Eagan Park that may include cross country ski trails and other summer uses. Aye: 4 Nay: 1 (Councilmember Masin opposed) Councilmember Masin said that after the park bond referendum the APrC had been directed by the City Council to develop a plan. She further said that the APrC should develop a whole plan based on EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 3,1997 PAGE the Parks System Plan and not pull out biW.and pieces of land.for development. Mayor Egan stated that the APrC did present a plan to the CounW:Which was basecl:Ei .'% the scenario that there is approximately two million dollars available for park puri48=:Ciky.; Adt�trator Hedges noted that Part III of the CIP includes a portion of the two million dollars.'- --t%9 ici i79iMEier Awada said that the APrC should not expend a lot of money on the study of a plan. She asked if the amphitheater should be included in this study. Mayor Egan stated that the amphitheater should be looked at in conjunction with the study of Patrick Eagan Park. He added that the Rotary Club never really felt the amphitheater would be located on the municipal campus. He further added that they have been considering locating the amphitheater at Patrick Eagan Park. Councilmember Blomquist stated that thisas'a small:Wjtte and the plan should not involve much cost. Councilmember Wachter said that he would-Uke the AM to study this property and develop a plan for the future when financing is available...:::*.*.:...:.: Councilmember Masin indicated*& was opp"15;ecause she feels the Council should prioritize and devise an overall plan for development of parkland in the City instead of developing land piecemeal. VONSENT AGENDA In regard to Item A2, Resignatitf.Adminis Administrator Hedges commented thaE�`;:H*Vind now taken a position at another company. H'e said:: appreciated the work she has done over the y"rs aj commented on how pleasant and delightful Itis. Ho wished her the best in her new endeavor. A. Personnel Items native Clerical Technician III - lane Hovind, City has worked at the City for the past 13 years and has W'she.w•ill be missed and he added that he has id'Yier commitment to the City. Mayor Egan also iind.W4s16interact with over the years and he Item 1. For information only. Mary Jensen was hired for the position of the part-time Receptionist at the Municipal Center and Cynthia Scipioni was hired for the position of part-time Records Clerk at the Police Department. Item 2. It was recommended to Jane Hovind, Clerical Technician III in Administration. B. Recommendation, Airport Relations Commissi6ji resolgft calling for the upgrade and reactivation of the Metropolitan AiMorts Commission ANOMS'Vlight Trai-Jing System. It was recommended 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. C. On -Sale Liquor License, Sidney'sgan Inc., 3330 Pilot Knob Road. It was recommended to approve an on -sale liquor license for Sidney's Restaurant to:tbe:Jocated at the site of the former Eagan Athletic Club at Pilot Knob Road and Marice Drive. D. Tobacco License, Wheatstone Resta ant:. • .1 'cf ' ,Houlihan's.1294 Promenade Place. It was recommended to approve a tobacco license #b'r' Wltpats#orie'R'ostaurant Group, LLC, dba Houlihan's, located at 1294 Promenade Place. (Councilmember Wachter:opposed) E. Contract 97-16 approve final pe -went authorize Cily ritairitenance Slater Rd. - Sidewalk Imnrovements3. 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, EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 3,1997 PAGE 3 F. Improvements). It was recommended to:approve the final payment (Clemson Drive - Street and Utility Improvements) in the amount of $71.00 tit..VAjted Fire and .CC�alty Co., and accept the improvement for perpetual City maintenance subject to warrat?.oyi,�iorg G. Contract 95-FFF acknowled a com Ietion authorize Cih, maintenance Delosh Addition - Street & Utilih• Improvements). It was recommended to acknowledge the completion of Contract 95-FFF (Delosh Addition - Street and Utilities) and authorize perpetual City maintenance subject to warranty provisions. H. Contract 97-15, avvrove change ordeic:: Sanitary Sewer Improvements). It was recommended to approve change order #316'C6 Addition - Sanitary Sewer Improvements) and authorize the Mayor and Cit3iX 3erk to eit&i to all related documents. commercial fertilizer applicators and totiijj3' gar ' 8i(kS :3t was recommended to approve the 1998 license renewals for refuse haulers, pet sliops; tree coritYei'tbiis, stable, paintball facility, commercial fertilizer applicators and tobacco/cigarette sales as attached in Exhibit A. J. Project 728, authorize feasibility report, (Evergreen Park - Street Iml2rovement). It was recommended to authorize the preparation of a feasibility report for Project 728 (Evergreen Park Addition - Street Improvements). K. Prp, jest 729, authorize feas;ihffjbLM2ort, recommended to authorize the preparation 61h Additions - Street Improvements). A 61h - Street Im rovemenf . It was for Project 729 (Wilderness Run 5th and Road & Oak Pond Circle - Street Imorovement). It was recommended to authorize the prejiiii6o' n of a feasibility report for Project 732 (Oak Pond Road and Oak Pond Circle - Street Improvement). M. Constructionj Demolition Debris License for Kig er Enter rises 1075 Harriet Lane Roseville. It was recommended to approve a construction/ demolition debris license for Kieger Enterprises as presented. N. Approve 1998 South Metro Druz Task ptii a T'aiii versAgzeement. It was recommended to approve the 1998 South Metro Drug Task Force J*i :Powers:Agreement. M the bonds. It was recommended to approve the multi -family housing revenue bonds. the refunding of the Cinnamon Ridge P. Robins Addition, easement vacation. It was recommended 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. Councilmember Wachter move111;Colt cilme ber Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 Councilmember Awada staffed that at the next Comptehensive Guide Plan Subcommittee meeting the committee will be reviewing a final draft of the residentiitl'housing goals and policies and the draft will then be forwarded to the APC and City Council for review. City Administrator Hedges said that this will most likely be the last meeting on residential and economic development goals. He further said a public meeting regarding these policies will probably be held in January. EAGAN CITY COUNCIL MEETING MINUTES, DECEMBER 3,1997 PAGE .�:'�CTBLIC HEARINE�: PROPOSED BUDG .#SND PROPEI(TY7AX LEVY FOR 1998 City Administrator Hedges provide'On this item and introduced Finance Director VanOverbeke who further discussed the proposed budget and property tax levy. Mayor Egan commented that City Administrator Hedges worked very hard on the preparation of the budget along with the various departments in the City. He added that the City Council gives serious consideration to the budget process. He i ip . pe'c ;-pj*W hearing to anyone wishing to speak. There being no one, he turned the discussion $ac[c trfiie'froii. Councilmember Masin complimented stafi.vn the preparation of the budget document. City Administrator Hedges thanked Finance Directar: i' Overbeke:0d Assistant Finance Director Pepper for their hard work. Councilmember Awada commented that the amount of the transit levy is set by the Metropolitan Council and not the City Council. Councilmember Blomquist stated that she is concerned about the substantial increase in the assessed valuation of property. She said that the County and state legislature should be questioned about these large increases to valuations. Finance Director VanOverbeke indicated that the Dakota County Assessor's Offiae.has.provided the City with some pamphlets regarding understanding property assessments ar4,"' �: m.available to the public. Councilmember Blomquist said that the Councilhiiuld approach their legislators and inform them that the system for determining assessedvaluatiQns.i;5:ttot effective. Mayor Egan noted that Finance ,.i.#*dt i ariOverbeke has won the award for Finance Director of the Year every year. He said the City Q-&Uncil respects and appreciates all of his efforts. Councilmember Wachter moved, Councilmember Masin seconded a motion to close the public hearing and set the levy and budget considerations for action at the December 16,1997 meeting. Aye: 5 Nay: 0 CEDARV}ALE:OIrEiAi :'SttV:LC..$S DISTRICT 1998 BUDGET AND.-'ROPERTY TAX LEVY City Administrator Hedges provided an 4?Rzview oti'is 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 Masin moved, Councilmember Awada seconded a motion to close the public hearing and approve the 1998 proposed Cedarvale Special Sai*ice District budget in the amount of $11,800. Aye: 5 Nay: 0 BE= PRELIMINARY SUBDIVISION & VARIANCE (PINETREE PASS) LUNDGREN BROTFit' S, INC. City Administrator Hedges provided an overview on this item. He mentioned that Director of Parks and Recreation Vraa's efforts have been.centered on presenting what he feels will constitute a balanced parkland dedication for the whole area and not just the Pinetree Pass neighborhood. Mayor EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 3,1997 PAGE 5 Egan noted that he talked to Terry Forboi ,&, representing Luria en Brothers, and the park issue was the only issue remaining to be resolved. Councilmember Wachter asked for:*A-* tglagtioAj6t1he various maps that the City Council received. Director of Parks and Recreation Vraa pxpxiitl''an explanation on the open space portion of the proposed park dedication and stated that there is the possibility that the trail would be flooded at the 100- year flood level. Mayor Egan questioned if that same situation exists elsewhere. Vraa stated that this situation is not unusual, but staff wanted to ensure the Council and neighborhood understood the potential for this to occur. Councilmemb@;. Wachter said that he, is concerned with preserving the water and he further said this situation is not iifit 1:43:a»iitCtyp table. Councilmember Masin stated that this neigiiiiorhoocf:}fii:§ been looking for a suitable park to serve the area. She added that the Council should make:-Attre that Oi9::park will have the proper amenities to serve this large area. Vraa reviewed three possible alt6rn4tives for ch v' pment of the park. He said alternative 1 (the developer's plan) will result in a loss of the majority of the north/south tree line on the existing park property and will not meet the City's standards for a neighborhood park Vraa further explained that alternative 3 (attachment 4) would involve directing the plat to be redrawn giving up the north portion of ihte:PArk to the developer for use as residential or directing the acquisition of additional land (essentially:'6";).::He said that there is a resident who is concerned about the proximity of the parking lot to their'said that alternative 3 would allow the parking lot to be moved further away from thiTesident:-'EIe noted that this alternative would result in the loss of five lots and there is some resistance bg the deye . pit . Q:either make that a part of the dedication or sell the land to the City as land acquisition:.:.Re:*.tifi4.i fiat the configuration of the park dedication needs to allow for useable space rather 0.vair:Si�i�ly meeting the acreage requirement. He added that there is not a lot of use for the park land�iip 'to the north because of its proximity to Cliff Road. He said that active elements of the park are typically located away from busy roads. Vraa explained that alternative 2 (attachment 5) will result in a 30% tree loss of the tree line and the acreage will still not meet City standards for a neighborhood park. He further explained that the design is still congested and raises cone:�or-..-. xrr; iai Tc tiler conflicts. Vraa stated that the developer's responsibWty is to provide a land dedication, but he added that it is his interpretation that the City does not need to ai�eept landifiat is not useable. He further stated that the City has previously determined that neighborApt d parks.-hall be between 12 and 18 acres in size and that ten acres is the minimum acreage for a night o hood pa&: Councilmember Awada asked if a plan has been drawn showing a cul-de-sac to the north. Vraa indicated that was attempted early in the design stage. Councilmember Wachter asked if the cul-de-sac would have access to Cliff Road. Director of Public Works Colbert explained that the curb cut to Cliff Road would have to be removed with the development of tl*.xoperty and he said the County will not allow an additional entrance. Terry Forbord, representing LtiiBi((stale .VA to:,that a great deal of focus has been given to the park. He added that many concessioris'have%beeii iriacleTiy Lundgren Brothers to all of the requests by the City. He further added that alternative 3 (attachmerit:4):is not economically feasible unless a density transfer, perhaps townhomes, is allowed which wo4W'::increase the number of units per acres. He noted that the memo from Director of Parks and Recreation Vraa is well-written and objective. He said that he was surprised to learn that their company is expected to grade the park land. He stated that alternatives 1 and 2 are feasible but not alternative 3. He further stated that the residents want a center space open to the public with trail access in addition to the active area. He noted that Lundgren has provided this balance. He referred to the cul-de-sac design mentioned by Councilmember Awada and EAGAN CI'T'Y COUNCIL MEETING MINUTES; DECEMBER 3,1997 PAGE 6 stated that this concept has been considered by their company; ::ale discussed the cost of decreasing the subdivision by five lots and the cost of coti�ucting a cul-&-oo ;. He added that they have met the park dedication requirement and said that the pityof the re53its are happy with their design and they will not be able to please everyone. Councilmember Masin asked if there is any other land in the area that could be used for an active park. Vraa indicated there is additional area but it would not be suitable for park land. Councilmember Masin stated that she is not willing to give up the active park. She asked if there were other concessions the City could make in order for the develapntetd-t4.4i:4r•. Councilmember Awada asked what concessions the developer has made. Di1 tE r'•:o :15ti# Ktb Kolbert stated that the installation of the additional sidewalk and trailway system exceeds iat is typ1y installed by other developments. He noted that the City has also granted concessions iri ttillector riisiii classification and well site location. Councilmember Awada stated th4[t.tliis:# : as be8ia guided as D-1 and townhomes cannot be built on this parcel of land. Mayor Egan S d:?t# at'cieitis;ty:tr4 9fer is not a feasible alternative. Vraa explained the anticipation was that there would be anatfit a park dedication of approximately seven acres and, combined with the other four acres, would result in an 11 acre park. He said that because the City is taking some of the central open space as credit toward the required dedication the active space is reduced. He further said there has never been an approved master plan for this park. Councilmember Awada asked W.ftq pays for the costs of the streets in a new development if part of the land has been dedicated to the Cft) :4:th City.ow'ns the land that fronts the street. Director of Public Works Colbert explained that if a pre-ezisiffig:�a k, wy:?Ls classified as a neighborhood park and a new development required the installation of treets and: : t@i.4es adjacent to the park the costs would be spread over the neighborhood benefiting frodi-*.& park-.:: esti t"ed that the developer would finance 100 of the cost. He further stated that if the:ic.is:classified as a community park and serves a greater service area of the community the City *4d1 ,h ed to finance its proportionate share of the frontage to the public improvements being installed. Councilmember Masin moved to approve alternative 3 (attachment 4). City Attorney .Sheldon explained that the City Council has the ability to approve any part or all of the proposed preliminary plat or can deny preliminary subdivision and order thepreparation of findings of fact. He said that the Council is required to take action on thgeiie end of December. Mr. Forbord asked if the Council can approve a preliminary'plat'aiid�'aftdcNxon' itions. City Attorney Sheldon stated that state law allows that to occur in a general sense. Councilmember Awada said that this wilt; a nice &elopment, but she stated that it is important that there is a useable park configuration." She ad i Cl that it is not the Council's goal to create a financial hardship for the developer but that the developer's economics cannot be the only consideration. She further added that there are ways to develop a park with the active elements and limited tree loss. She said she was willing to approve the entire plat except for the park section. She stated that the north part of the park is not needed. City Attorney Sheldon stated that the Council's authority to acquire park land comes from the Subdivision Ordinance. He said that ctt�Ce the property is subdivided without acquiring the park land the City reduces its ability to acquirk;t: Mr. Forbord asked if the City agfor park purposes from the developer would it be at fair market value. Mayor Egan stateat tlie'City will attempt to acquire the necessary land for park purposes as a dedication from the developer,bttt if it is not possible to extract the land at no cost then the City will need to pay something for it. He said:iie was not sure if acquisition would be at market value, but he added that the acquisition would be negotiated. Councilmember Wachter asked if more lots could be built close to Cliff Road, Councilmember Awada suggested that staff be directed to make decisions regarding park boundaries, within reason of lot lines, creating buildable lots. Mr. Forbord requested that the Council approve the application for 127 lots EAGAN CM COUNCIL MEMING M1NUTESS, DECEMBER 3,1997 PAGE ? in the configuration suggested by Counc piember Awada at " evening's meeting. City Attorney Sheldon summarized the representative's:position stating thi i:he was asking the Council to approve a modification to the plat which the Council d::dismssed.: -R, :said that he assumed the representative endorses and consents to the revision to the p;::: pprloi'il stated that if the Council supported this modification he would prefer they vote on it toriigltt and he indicated that he did consent with the revision. Mayor Egan said that the park boundaries are somewhat fluid and he asked the City Attorney if he was comfortable with the Council app'P-%* ie.a p}ic*#m: City Attorney Sheldon stated he was comfortable with the Council approving*4a id. he was uncomfortable with the consent of the applicant. He added that he does not want ;aii A'krgumepo surface regarding the Council approving something that was not put forth by the.developer but rather something that the developer only wanted a decision on in order to appeal. He: ted to;ure that the developer was requesting the City Council approve this plat, containi g ftj�i"attpR ''to exceed 127 lots. Mr. Forbord stated that he had a plan showing a similar modified configuration. He summarized the Council's position as being in favor of alternative 3 (attachment 4), which would be a combination of directing the plat to be redrawn giving up the north portion of the park to the developer for use as residential and purchasing additional lots if necessary. Mayor Egan stated that the Council would still need to make a decision on how the additional land would be acquired. Councilmember Blomquist stated that the developer had indicated :t: iNoitkl.not be cost-effective to install a cul-de-sac and she asked for clarification from the developer on his'posi'stated that it is not economically feasible to install the cul-de-sac, but he said that if this -J5 ffi' 04ciit t:the Council plans to take in two weeks he would prefer the action tonight. Councilmember Awada asked ha :t# :4�bdified plan compared to the park plan drawn on attachment 4. Vraa indicated the revises-plaii'was very close to the park plan identified in attachment 4. Councilmember Awada suggested the plat be approved, as modified by the developer, subject to the conditions. City Attorney Sheldon said the Council should not approve this plat until the developer puts forth the plat and offers the park dedication. Mayor Egan stated that if the developer offers this plan to the Council as a preliminary plat and it turns out to be financially unfeasible he can decide not to develop the property. Mr. Forbord requested the action be continued &fo the December 16,1997 City Council meeting. Councilmember Awada moved, Council4�ber Wachter seconded a motion to continue consideration of the Preliminary Subdivision (Pin eiie Pass)ii' 127 lots and four outlots located on approximately 72 acres, south of Cliff Rd., west of Thomas Lbr& and Walden Drive, north of Wellington Way and east of Cambridge Drive and Covington Lane in the NE 1/4 of Section and the 2% Variance to the maximum 8% cul-de-sac grade 33 to the December 16,1997 City Council meeting and directed staff to configure a park land dedication for a park in accordance with attachment 4 as modified. Aye: 5 Nay: 0 Paymon Najafzadeh,1491 Thomas Lane, objected tQ fhe location of the parking lot near his house. Councilmember Masin asked ftix:htiofi:i tjttipact of the parking lot to Mr. Najafzadeh. Director of Parks and Recreation Vraa s6W. -eft:. la-wiedrawn the parking lot could be moved further to the west away from the house. Mayor Egan noted.that this parcel has been very difficult to develop and Mr. Forbord has indicated he is unable to ple4; :Overyone involved. PROJECT 700, (HALL ST. & TH 3 SERVICE RD. - UTILITIES) City Administrator Hedges provided an overview on this item. City Attorney Sheldon stated that it was his understanding that the Kolhoffs have agreed to a payment agreement that specifies they will be EAGAN CITY COUNCIL MEETING MINUTES, DECEMBER 3,1997 PAGE assessed at the time of development or cq;inection at today's is%s over a five year period at seven percent interest. Heide Kolhoff, 4880 Dodd Road, stai*&-* iQy+;iiaVt'�;a';*problem with the agreement because it waives their right to appeal the improvement cosf'aiid'they do not want to waive this right. She said that at the October 21 City Council meeting it was stated that if they were required to hook up at that time they would have been able to appeal the assessment cost. Councilmember Awada stated that if they were to subdivide the property they would probably have to pay the full assessment amount and would not be granted an appeal. Ms. Kolhoff asked if. :ivbe-We-to•fetain their right to appeal the assessment or pay half the cost if they choose to conttie :tes. f -W- R•: :— "ier than subdivide the property. �ttl Councilmember Blomquist mentioned that if theill failedfibey would have to connect across a potentially buildable lot to the front of their property. She said this would affect their land and questioned the value to them. Mayor Egan stated that it was ni it ftie'iiitent o : h. —'-fty Council to require the Kolhoffs to waive their right to contest benefit. He said he was willing to waive any rights to contest benefit at the time of development but not necessarily at the time of connection, especially if there was an emergency requirement for the hook up. Councilmember Awada opined that it would be acceptable for the agreement to state that they will agree to waive their right to appeal at the time of development but not waive their right if they have to connect -and do not develop the property. Councilmember Awada moved, Cir i iRIN r. Wachter seconded a motion to approve an agreement with David and Heide Kolhoff, 4880 l5•o'd-a${f; to ith the stipulation that they waive their right to appeal if they develop the property a*N retain the ir. righ. t to appeal if they connect but do not develop the property, and authorize the Mayor On --C-1* rk to execute all related documents. Aye: 5 Nay: 0 Director of Public Works Colbert asked how the connection charge should be determined if the Kolhoffs decide to hook up without developing their property. City Attorney Sheldon stated that because of the 30 -year limitation the assessment agreement Has changed to a payment agreement and there is no mechanism to contest. He added that this could be built into a recorded agreement against the land. Mayor Egan asked if City AttoMey:'�,-.-,- s�gjj: felt;tt i ??O table about the City's ability to collect any costs in the event of connection by the Kolhoffs prior, to development. City Attorney Sheldon stated that the Kolhoffs will have to come to the City at the time of hool� ap and the Council will have to determine the cost at that time. Councilmember Blomquist said she hopes the KolhdWwill not need to hook up to the Hall Street utilities. Director of Public Works Colbert suggested that the agreement should state that if the Kolhoffs need to connect they will pay a one lot equivalent at the prevailing rates of a comparable single family lot at that time. Councilmember Awada amended her motion, CouijoCi# member Wachter concurred with the amendment to approve an agreement with David and Heide'kolhoff, 4880 Dodd Road, stating that if the property owner connects to utilities prigr: tti dev61*'.Mb*:b;ffihe property they agree to pay a one lot equivalent at the prevailing rate of a sirigle:#aittiy:ltiftlifitne and authorize the Mayor and City Clerk to execute all related documents. 19LW BUSINE&9:: RESOLUTION APPROVING THE 1998 CTTY FEE SCHEDULE City Administrator Hedges provided an overview on this item. EAGAN CITY COUNCIL MEETING MINUTES, DECEMBER 3,1997 PAGE X. Councilmember Blomquist stater Ue had several queski'ons regarding the content of the fee schedule and indicated she would be votW. against this item,.. Director of Finance VanOverbeke indicated that on page 78 of the Fee Sche4ii :under Radio,4�CS Antennae - Document Prep, Plan Review, and Installation Inspection, the $2;prnts should be deleted. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the resolution approving the 1998 City Fee Schedule. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) Councilmember Blomquist stated that she feels the Fee Schedule needs a lot of work. INTERIM USE*pEtl:.-h7Olt'Y?EST AIRLINES City Administrator Hedges provided an ovwiew on -this item. Senior Planner Ridley gave a staff report. Councilmember Wachter moved;'Councilmeii&k*:fvlasin seconded a motion to approve 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, subject to the following conditions: 1. The permit shall termiryite;.on January 1, 2000. 2. The interim use permit shall be W'14e t*ts..Rn.annual administrative review. The purpose of such review shall be to determine that*tfie conditions of the permit are within compliance. The interim usee.'&rmit miy-:]*i6lroked for failure to comply with any condition of the permit follQ :5;Y0 ce-bf'& noncompliance and a hearing by the City Council with all interests �a #ies*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. Aye: 5 Nay: 0 REZONING & VARIANCES - WALTER V. NELSON City Administrator Hedges provided an acveiview oii:d is item. Senior Planner Ridley gave a staff report. Kristen Nelson, representing Walter 1�T'Q�son, stater# this lot is not desirable as a single family lot. She stated that when Mr. Nelson purchased the lot it was advertised that the lot had access to Pilot Knob Road and that there were utilities to the property. She said they realized a couple of weeks ago that there was access onto Cleome Lane but there is no official easement off that property. She further said this property is somewhat landlocked. She added that there is a gravel driveway on the property and the County provided a curb cut into the driveway. She stated tttaithe utilities are located across the street from Pilot Knob Road. She further stated that the applicant oi3ms Lot 22 and noted that an easement could be granted from that property. Councilmember Wachter asked if'tfie Coiirity HigliWdy Department will allow access to Pilot Knob Road. Director of Public Works Colbert said he was "re if there was a cross -easement formally dedicated over Lot 22. Ms. Nelson said there is no official ea�ment on Lot 22. City Attorney Sheldon stated that a property owner cannot grant an easement to themselves. Director of Public Works Colbert said he is concerned about two dwelling units taking direct access onto Pilot Knob Road. He added there is an opportunity to provide a cross -easement due to common ownership between Lots 22 and 23 and driveway access onto a cul-de-sac street for a residential property. Ms. Nelson indicated that the difficulty associated with that option is that with the minimum square footage of Lot 22 providing an EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 3,1997 PAGE 10 easement may change the building layoa."She noted that the ofily place to put the easement would be along Lot 22 and it would be difficult to iiiitall a driveway foitbt 23 and would require the house to be located very close to Pilot Knob Road. Councilmember Awada stated that �Wgge's' tycif f Fthis is a hardship. She added that it would be more acceptable if the applicant were to requesi a"setback variance to allow for a driveway easement. She further added that a single family house could be constructed on this lot. She stated that she would rather have one property take access onto Pilot Knob Road instead of two houses. Councilmember Blomquist said.tbk£ property and; therefore, there is no hard PI 6.' � request was appropriate and rezoning the proper agreed with Councilmember Awada's suggestion setback variance because of the hardship due to.A that the properties should be developed:as:q#gfl�: :was -)designed to accommodate access for this IM mid that he did not think the rezoning )m R-14,iAt-2 would constitute spot zoning. He the applicant could submit an application for a .k of a *Ms for either Lot 22 or Lot 23. He added City Administrator Hedges stated that if the City Council chooses to deny the application they should state the findings in support of denial. He added that this request is inconsistent with the Comprehensive Guide Plan. Mayor Egan noted that direct access onto Pilot Knob Road is inappropriate, the application would involve spot zoning and would be contrary to the development scheme and intent for the development of this land, it is contrary to the zoning classification and the Comprehensive Guide Plan and no hardship has been shown w pt%Pjiost.of the variances. Councilmember Blomquist moved, Cquneiliiiei�i'Awada seconded a motion to deny a Rezoning from R-1 to R-2 with a Variance to dot width and.i Valiance to lot area, to allow construction of a duplex on Lot 23, Block 2, Wilderness Run ??additivi ::;lye: 5 Nay: 0 PLANNED DEVELOP1Vd N- AMENDMENT - YOCUM OIL COMPANY TEXACO AT THOMAS LAKE CENTER City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Tony Yocum, President of Yocii-c:-Ct change and the store is also in need of a facelift. upgrades this past year. He noted that the illum which will help ensure the entrances to the store :.Stiffed; that Texaco is making a global image ihey� liave spent a half million dollars in ascia:W"'ill provide a fair amount of downlighting Councilmember Blomquist asked if they have already:begun to change the fascia. Mr. Yocum indicated that they have started painting it red in anticipation that it will be covered with the new fascia. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a PIanned Development Amendment for modifications to sipAge and architectural treatments for the Texaco facility on Lot 5, Block 1, Thomas Lake Center subject:t4 the following conditions: 1. The applicant shall enpment Agreement with the City. 2. The applicant shall comply with the elevatipA plans dated 9/23/97. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 3,1997 PAGE 11 CONDITIONAL LV PERMIT - ENTI✓f MSE RENT -A -CAR City Administrator Hedges prov%ctil,an overview pi'#�tiis item. Senior Planner Ridley gave a staff report. Councilmember Masin asked how the other merchants in the building feel about this type of use. Wally Muse, representing Duckwood Shopping Center, stated that he spoke with each of them and they felt the use was acceptable. Councilmember Blomquist movedj*:?t✓o iteM"b&.-W.$Chter seconded a motion to approve a Conditional Use Permit for Enterprise Rdiii-A= EAGAN CM COUNCIL MEETING MINUTES; DECEMBER 3,1997 PAGE 12 to the school using their private road beCWse heavy trucks ufik�e this road. He further said that if Challenger Circle is reduced approximat.X 300 feet, road cors truction will be reduced and the school property will still be serviced. He asked *4y the school opt4lbr a landlocked piece of property. He stated that if the school is located on this sit'�­:io�puld be:2f;id best by the road that the City Council and APC has already approved. Mayor Egan asked if negotiations are still pending with Dart Transit regarding the extension of the cul-de-sac on the remainder of that property. Director of Public Works Colbert explained that staff has not received any layout from Maplewood Acres for the remaining residual piece of property. Mayor Egan asked if the approval of the CLTI'upon the dedication of the Stock driveway as a public right-of-way. SeniiirPlaiirier:Rltifey::e:x':hed that the amended condition states that the property needs to be platted with public a Bess and qq�4 not specify where the access needs to occur. Brent Coatney, Managing Partner: pYatriey:#�Cttpies and President of Terminal Warehouse Company, stated that he sent a letter to tlie'Ci�y addressiii ::his concerns. He said that he has many of the same concerns as Stock Lumber. Mr. Hall stated that they looked long and hard for a site. He said that the large site helps accommodate the design of the school. He commented that safety is a concern to them also. He added that the site is important to them because:a.large amount of gifting is involved and the site has not cost them a lot of money. He stated that the niG..! st nd there are problems with the access. He further stated that Challenger Circle is not available-ig:ihGic�i?�.slo.them at this time. He noted that a lot of input is needed from staff during the final plat prods. He'iiiifieafeii that their purchase agreement does not indicate a proposed access. He stated that th�k, architects lid ! devised a plan showing extra access to the site. He said that the plan was given to staff aicl Ct:jzrorty' owners on both sides, but there has not been time to review the plan by all parties Chuck Beekler, attorney for Faithful Shepherd Catholic School, stated they need to live within the confines of their purchase agreement and the only access they have is over the private road. He said they will need an extension of Wescott Road to provide additional access. He added that condemnation action would be required to make the private road public. Mayor Egan stated that Tesserac€ ivas lat I€:ia:a:8 tt j ar.-area to this and is doing well. He noted that Trinity Lone Oak School is also doing well. H,e•said that.the City Council collectively felt that this is a compatible use. He stated that precedent has bee�i)jri tabhshed:ln the community for having public education close to commercial and industrial devel4ment. I#� added that the Council felt that allowing elementary and middle schools within the Busines's'Park zortii district is a compatible use. Councilmember Masin stated that she is delighted to have the school in the City, but she added that she would not vote for condemnation at this point. She added that she is concerned with locating the school on this particular site. Councilmember Wachter commented that he does 6ONve a problem with safety. Councilmember Awada stated that there will.vTobably be:a ferite around the school or playground area. Mayor Egan noted that the safety probfgft.,' ;bg,-'t" plY cl bac the time of final plat. Councilmember Masin moved to deny the Conditipnal Use Permit to allow a kindergarten and middle school in the Business Park zoning district for properpreliminarily platted as Lots 4 and 5, Block 2, Eagandale Corporate Center No. 2. The motion failed for lack of a second. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Conditional Use Permit to allow a kindergarten and middle school in the Business Park zoning district for EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 3,1997 PAGE 13 property preliminarily platted as Lots 4 aid 5, Block 2, Eagariifi#e Corporate Center No. 2 subject to the following conditions: 1. The property shall be plad'W:ty tki; blxc ac ess. 2. The CUP shall be recorded at Dakota County with the Final Subdivision. Aye: 4 Nay: 1 (Councilmember Masin opposed) ORDINANCE AMENDMEI' -'!'1< #iGi �ljkj TO CHAPTER 11 ENTITLED, "LAND USE REGULATIONS (ZONING)"-BY:A—MENDING SECTION 11.10, SUBD. 31(D) FREESTANDING=ANTENNA-:AND TOWER HEIGHT AND SETBACK--: tEQUIUMENTS City Administrator Hedges prow a :tic: svery. :6z: his item. Senior Planner Ridley gave a staff report. . • .. Councilmember Awada moved, Mayor Egan seconded a motion to approve 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. Aye: 5 Nay: 0 Councilmember Awada moved;giCilember Masin seconded a motion to terminate the interim ordinance regarding free-standing ariEeiii3a;::Aj�e...S: Nay: 0 FEGISLATIVF/IN'RGQVITAL AFFAIRS Mayor Egan noted that several iiiei�tl s-:-?: a City Council will be attending the National League of Cities Conference in Philadelohia beginning tomorrow. He said that Betty Ann Kane was not re-appointed as the Executive Director of NOISE. He indicated that the NOISE Board will be meeting with two candidates for the position on Friday at the NLC Conference. Councilmember Masin said that the City Council should consider becoming a member of the NLC which would give the Cityvoting: iri eg s; '.0--m tii *L-� ber Awada stated that she agreed with joining this organization rather than the City recently discontinued membership in. Councilmember Blomquist agreed:[�so. City.ildministrator Hedges noted that there may be reductions in other costs if the City were to:liecome az"iember. �flLiNDTABL$�':�: Senior Planner Ridley indicated that Kennedy Transmission has requested they be allowed to construct a standing seam metal roof and he asked the Council for clarification regarding their position. He said that he informed the representative of Kennedy Transmission that the style of the roof needed to match the car wash and be shingled at least over the office ;€ion. Councilmembers concurred. Councilmember Awada move .C,oNncilml�ei Y.V.acltter seconded a motion to schedule a Special City Council meeting for Decerifti:16:1(k .&t:{,�{30:.!0pi. Aye: 5 Nay: 0 Councilmember Wachter stated that he would likev**:discuss sidewalk snow removal at a future work session. Mayor Egan noted that he received a phone cQ urging the City Council to discuss the snow removal policy with regard to sidewalks. Councilmember Masin noted that the MVTA adopted a strategic plan and she said she will be providing each member of the Council with a copy. She added that she would like the Council to consider developing a similar plan. EAGAN CrrY COUNCIL MEETING MINUTES; DECEMBER 3,1997 PAGE 14 Councilmember Blomquist also Swed that the Counctkshould re -address snow removal on sidewalks. She added that she would lik "i& Council to cgll t ively look at why assessed valuations are so high. She suggested that a letter could lie ei tfiQ:leg Wit indicating that the system for determining assessed valuation is inappropriate. Mayor 5&ri: dclW iat it is important to make sure that there is not a gap between perception and reality about whether the assessed valuations are valid or accurate. Councilmember Wachter had questions on the bill's list. Councilmember Wachter moved, Mayor 9&h seconi&d a motion to approve the check register dated November 26,1997 in the amount of $3,950;04.0.15. Aye::. Nay: 0 The meeting adjourned at 10:05 p.m. MLK Date City Clerk If you need these minutes in an alternative form skh as large:p�i$ta i;;i1le, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, ,(6 G81=4(10; :0. TSD phone: (612) 454-8535). The City of Eagan is committed to the polic :ifia't'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 Revised 8-6-97 Residential (including multi -family homes with individ(161.'unit service) Aagard/Eagan Sanitation Md'h-d6ta Heights Rubbish 3291 Terminal Drive D0 Donnelly Ave. E. Eagan, MN 55121 Farmington, MN 55024 686-2371 437-4488 Action Disposal -13171 Quality Waste Control 4325 E. 66th. St. :' -100.":W. 144th St. Inver Grove Heights, MN 55076 """' '' Biirrille, MN 55036 455-8634 - 435 54 Dick's Sanitation Service Wade: Management -Savage also dba Lakeville Sanitation €48 Pennsylvania Ave. S. 21338 Dodd Blvd. Savage, MN 55378 Lakeville, MN 55044 882-2300 469-2239 Bin distrib/dispatch-Joe 882-2321 United Waste Systems of Minnsota,..)nc. Wildwood Sanitation 8678 N75th St. Box 176 Stillwater, MN 55082 :.Newport, MN 55055 429-6766 F54�=7926 also dba: Knutson Services 14345 Biscayne Ave. Rosemount, MN 55068 423-2294 Commercial (including multi -family 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 '''Ti%lendota Heights Rubbish 20700 Donnelly Ave. E. Farmington, MN 55024 437-4488 'Qdagj-r Waste Control i qW...W. 144th St. Burnsville, MN 55036 435-454 Sanitation P.O. Box 169 Delano, MN 55328 479-3335 Triangle Services ...1881 Lexington Ave. -:,. N, ;*ndota Heights, MN 55118 United Waste Transfer, Inc. also dba UWS/Gallaghers 95 W. Ivy St. Paul, MN 55117 227-6394 ::iNle Management -Savage :'k2448 Pennsylvania Ave. S. Savage, MN 55378 8822300 Revised 11-19-97 1997 Construction Demolition Haul":. Aagard Sanitation :K0 Jf-Tech Environmental 3291 Terminal Drive X675 W. Highway 13 Eagan, MN 55121 Savage, MN 55378 686-2371 890-9616 Action Disposal -BFI :::llejillhgson Construction Service, 4325 E. 66th St. ''a$3: Fairgreen Ave. Inver Grove Heights, MN 55076 ... Ros*M.*ount, MN 55068 455-8634 432.4693 All-Star Disposal :#Cglth:l(rupenny and Son Disposal, 7845 E. Boyd Court ''1'2'14 Hall Ave. Inver Grove Heights, MN 55076 West St. Paul, MN 55118 455-4941 457-3680 Alpha Construction Services 6580 135th St. W. Apple Valley, MN 55124 432-7616 Ben's Roll Off Service 8735 Fremont Ave. S. Bloomington, MN 55420 884-9214 Container Corporation also dba Veit Disposal Systems 14000 Veit Place Rogers, MN 55374 428-2242 Coolidge Trucking 829 West Central Ave. St. Paul, MN 55104 293-9310 Dick's Sanitation Service also dba Lakeville Sanitation 21338 Dodd. Blvd. Lakeville, MN 55044 469-2239 G. Logan and Sons Hauling Inc. 1484 Iglehart Ave. St.Paul, MN 55104 644-6081 Lightning Disposal, Inc. P. 0. Box 27 So. St. Paul, MN 55075 ::4V74434 ::::1:;1i3yti's Construction Services 16860 Welcome Ave. Prior Lake, MN 55372 440-5832 Materials Recovery Ltd. P.O. Box 281 "'40ort, MN 55055 :`:':`:-437` 618 Meitdi;ta Heights Rubbish 207O Donnelly Ave. E. Fari:iiiigton, MN 55024 437-4488 Quality Waste Control 190:1.:.W. 144th St. Bui:f iwlle, MN 55306 435=3454 R'tihdy's Sanitation P.G,::$ox 169 De#aA"'o, MN 55328 479-3335 Inc. Inc. 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 Kieger Enterprises 1075 Harriet Lane Roseville, MN 55113 3. PEYSITO �LICENS S Wet World :: ::: 'ieartland Pets Fox Ridge Shoppes, #206 " 1960 Cliff Lake Road 3390 Coachman Road Eagan, MN 55122 Eagan, MN 55122 Walmart 1360 Town Centre Drive Eagan, MN 55122 firehouse `own Centre Drive MN 55122 TREE CONTRACTOR INCENSES Shorewood Tree Service:::: ''&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. .... 'i3b77 Dan Patch Dr. Box 5193 Sovage, MN 55378 Kent, OH 44240 5. Roggenbuck Tree Service 6•::' iaston'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 167' St. 1200 Duckwood Tr. Lakeville, MN 55044 Eagan, MN 55123 9. Outdoor Specialities 1Q: ' " MR Tree Experts 560 Lone Oak Rd. :::::: �4346 Cedar Pt. Rd. Eagan, MN 55121 New Prague, MN 56071 11. Henning Rohde & Associates 3259 Terminal Dr. Eagan, MN 55121 9T bt trCEN999- Diamond T Ranch 4895 Pilot Knob Road Eagan, MN 55122 PAINTIN LL':' Fri IY.TT 'LICENSE The Adventure Zone Him Nordberg 3820 Sibley Memorial Highway Eagan, MN 55123 ............ LIST OF 1998 CO RC IALY t 1ZER APPLICATORS Granulawn/Showcase Landscape 2. 8633 Jefferson Highway Osseo, MN 55369 PH: 425-5296 3. Minnesota Turf Care P.O. Box 1231 Lakeville, MN 55044 PH: 469-2202 Fertilawn Inc. 9615 Gerard Aveneu S. Bloomington, MN 55431 PH: 884-7331 7. TruGreen Chemlawn 11583 Rupp Drive Burnsville, MN 55337 PH: 895-3400 9. Non -Stop Maintenance Joe Armstrong P.O. Box 39654 Edina, MN 55439-0654 PH: 943-2247 11. Neighborhood Lawn Care Howard Wager 4635 Overlook Drive Prior Lake, MN 55372 PH: 440-9022 13. SouthWest Lawn Maintenance 13045 Pioneer Trail Eden Prairie, MN 55347 PH: 949-9040 6. 8. 10. Viking Lawn Services 17526 Mushtown Road Prior Lake, MN 55372 PH: 612-447-5296 Quality Green 7835 Eagle Creek Boulevard Shakopee, MN 55379 Henning Rohde & Associates 3259 Terminal Drive Eagan, MN 55121 PH: 454-9511 Lawns R Us 107 Lydia Road Jordan, MN 55352 PH: 492-6346 AAA Lawn & Snowplowing Richard Ricke 15208 Co. Rd. 5 Burnsville, MN 55306 PH: 435-2892 IZ-: Guaranteed Spray 9919 Valley View Road Eden Prairie, MN 55344 PH: 941-2900 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 Cedar Cliff Amoco 4625 Nicols Rd. 4600 Slater Rd. Eagan, MN 5512 Eagan, MN 55122 •::edarvale Lanes • 3'863:'$eau De Rue Dr. �4$aA-:MN 55122 Cub Foods 1940 Cliff Lake Rd. Eagan, MN 55122 ire's Neighborhood Bar/Grill 1335 Town Centre Drive Eagan, MN 55122 Big top Wine & Spirits �jjfiCentre Dr. lagan, 55123 :��yerly'•�:; 12W—Pxottienade Place i✓agafl;:UN 55121 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 Duckwood 66 #27536 -:SS: til;ot Knob Rd. :NIN 55122 :'Eagan loco X205 N3cpls Rd. Eagan, NN 55122 Oasis Market #518 3390 Coachman Rd. Eagan55121 :..Qss.rket #590 ? i O*ington Ave. Eagan,.MN 55121 Green Mill Restaurant '''Graaf I vftem Spirits 1940 Rahncliff Ct. • • • 1970 Clfflake Rd., #10 1 Eagan, MN 55123 Eagan,_:N 55122 Holiday Station Store #232 it y' Station Store #68 4594 Nicols Rd. "'f065 Diffley Rd. Eagan, MN 5512 Eagan, MN 55122 Holiday Station Store #247 J. Doolittles 3615 Pilot Knob Rd. .OR d. Eagan, MN 55122 agan, W 55122 E&M Liquor z,aFonda': 1444 Yankee Doodle Rd. 35?EiS:Zey Memorial Hwy. Eagan, MN 55121 Eagan; l N 55122 Lanxang Oriental Grocery 3904 Beau De Rue Dr. Eagan, MN 55122 Lost Spur Country Club 2750 Sibley Memorial Hwy. Eagan, MN 55121 MGM Liquor Warehouse 4182 Pilot Knob Rd. Eagan, MN 55123 Liquor Shoppe 4250 Lexington Ave. 55123 ' l#eG's 19:8itver Bell Rd. Ea;.ti?IN 55122 PDQ #214 4198 Pilot Knob Rd. Eagan, MN 55123 Rainbow Foods Silver Bell Liquor 1276 Town Centre Dr. Bell Rd. Eagan, MN 55123 igai:IiV 55122 Rudy's Sinclair :* iSnyder' :-)rug Store #32 3946 Nicols Rd. ::3914 Sibley Memorial Hwy. Eagan, MN 55122 Eagan, NN 55122 Snyder Drug Store #61 Stark's Saloon 1565 Cliff Rd. 3125 Dodd Rd. Eagan, MN 55122 Eagan,:. 55121 Stuart Anderson's Cattle Co. :,$:erica #4049 1288 Promenade Pl. ' 4b;wy. 13 Eagan, MN 55121 Eagan, :MN 55122 Super America #4182 " ''SupeFMWrica #4335 1406 Yankee Doodle Rd. • • • 1379 Town Centre Dr. Eagan, MN 55121 Eagan,.:MN 55123 Super America #4464iw' "Superstore 2250 Cliff Rd. 1579 Cliff Rd. Eagan, MN 55122 Eagan, MN 55122 Tobacco Warehouse Tobak Shack 2149 Cliff Rd. Sly Memorial Hwy. Eagan, MN 55122 :::lagan,&W 55122 Tom Thumb #166 :? 'om Thomb #273 1446 Yankee Doodle Rd.:8:::ifley Rd. Eagan, MN 55121 " " 1✓agg ;-1VN 5 5122 Total Total 4206 Nicols Rd. 2000 Rahncliff Rd. Eagan, MN 55122 Eagan, MN 55122 Valley Lounge YalNart #1786 3385 Sibley Memorial Hwy. B56106wn Centre Dr. Eagan, MN 55122 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. Memorial Hwy. Eagan, MN 55121 • . . • . . lyagai f 55122 MlNUTESjDFAREdtiLAR 1V1 INGOFTHE EAGAN HOUSING AND REDEVELOPMENT AUTHORITY BOARD .:.:.:.:.Eagan, Minnesota.. ::X)ecember 3 1*7-:' ............ . . ... ... .......................... ...................... ...................... ..................... ................ ............ A meeting of the Eagan Housing and Redevelopment Authority Board was held on Wednesday, December 3,1997 at 6.40 p.m. at the Eagan Municipal Center. Present were Chair Egan and Board Members Wachter, Awada, Masin and Blomquist Also present were City Administrator Tom Hedges, Senior F :M*.Fjft,Pjrector of Public Works Tom Colbert, ............ and City Attorney Jim Sheldon. .... ......... . .. ..... ..... A $1 _Ak9dLbTI0N APPROVING AWIMMENTS TO INTEREST RATE � EPUMQNI.PSkWIW CINNAf4ON RqW UMMD,PARTNERSIRP City Administrator Hedges:'.p*:-:-:-:-i&'-dthe aCKSwund and history of the Cinnamon Ridge project. He explained that representatives of the Cinnamon . ... on Ridge Limited Partnership are requesting the City assist in the restructuring of the Multi -Family Housing Revenue Refunding Bonds. He noted that numerous meetings have been held with the Cinnamon Ridge representatives, City staff and the City's fiscal consultant to ensure that the Cinnamon Ridge project is and will remain healthy and the financing due the City will be collected. Chair Egan said that staff is satisfied that the ri.4"Jor this request are meritorious and are beneficial to the City. City Administrator Hedges said:iiiat*' staff has worked out a good agreement with all parties. Board Member Wachter moved,---&ar.4:WiiiW.:Aw" ada seconded a motion to approve a resolution approving amendment to.t*d etest:rftte reduction loan with Cinnamon Ridge Limited Partnership. Aye: 5 Nay:::...::::.­­ JkDJOLqU*JENT The meeting adjourned at 6:45 p.m. to the regular City Council meeting. Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the policy that all persons baye equal access to its programs, services, activities, facilities and employment without regard to race, 4ijic, creed, religion, national origin, sex, .W91 disability, age, sexual orientation, marital status or status wit(:'Pewd to public assistance. Agenda Information Memo December 16, 1997 Eagan City Council Meeting DEPARTMENT HEAD BUSINESS A. AUTHORIZATION to proceed with RFP for swimming pool ACTION TO BE CONSIDERED: To Approve the Request for Proposal seeking Design Consulting Services related to an Aquatic Facility and to appoint Council Member(s) to an interview selection team. FACTS: ■ With the assistance of Ingraham and Voss Consulting, the City recently completed a space study analysis of the Municipal Center Campus to determine the availability of land for the development of an aquatic facility. • The Council recently conducted a workshop session with Mr. Chris Geers of the City of St. Louis Park regarding the operation of their pool and the elements that were successful for their facility. • St. Louis Park's pool operation reflected income of $175,000 in excess of their operational expenses. • The City of Eagan, with a much younger and larger population than St. Louis Park, is likely to support pool attendance equal to or greater than St. Louis Park. A preliminary (schematic) plan and budget for an aquatic facility similar to St. Louis Park's has not yet been completed. Such a plan would be necessary for public comment and budgeting purposes. City staff has prepared a preliminary time line with milestone dates in order for the pool to become operational by June 1, 1999. • The timeline reflects the hiring of a consulting firm by the first week in January with a preliminary plan completed by March 1, 1998. • Staff has prepared a Request for Proposal seeking design consulting services which has been sent to six firms. Their responses are due December 29, 1997. COMMENTS: A preliminary architectural program is currently being drafted by various "focus teams" consisting of City staff members. The Consulting team, once selected, will complete the process for Council approval before proceeding with any preliminary planning. Staff is aware that residents to the east of the intended pool site are concerned with the impacts of the facility to their neighborhood. A program statement included in the design program is being drafted to reflect the following: "The design of the pool shall be sensitive in design and layout to the residential neighborhood to the east. The design should also seek to mitigate impacts by topographic change and landscaping." After receipt of RFPs, interviews with the finalists are scheduled for Tuesday, January 6, 1998. City Administrator Hedges, Director of Park and Recreation Vraa and City Engineer Matthys are intending to be on the inten7iew team. ATTACHMENTS: • Copy of RFP attached on pages 3 through f CITY OF EAGAN, MINNESOTA REQUEST FOR PROPOSAL FOR DESIGN SERVICES RELATED TO A FAMILY AQUATIC CENTER OVERVIEW The City of Eagan, Minnesota is requesting proposals from qualified aquatic planners to provide consulting services leading to the design and construction of an outdoor family Aquatic Center. The City seeks to construct an aquatic center that provides for a zero depth entry pool, mechanical space, admissions and administrative area, and concession on the City's Municipal Center Campus. The pool is to be fully operational by June 1, 1999. Funding for the project has been identified from the City's Community Investment Fund. COMMUNITY PROFILE The City of Eagan is the largest city in Dakota County with a 1997 estimated population of 60,000 people. The City is considered the southeast anchor to the Twin Cities Metropolitan area. Major freeways provide regional vehicular access to the city. Eagan currently is comprised of 23,272 households with an average of 2.72 persons per household. The median income according to the 1990 census is $46,600 per overall households; $51,000 per family households. The most recent profile of Eagan's population shows that 31 % are children under 18, 44% are ages 25-44, and persons over age 65 are 2%. Recent School District 196 K-12 enrollment projections for the City of Eagan suggest increases of students in grades K-5 through the year 2002 followed by a slow decline; projected to the year 2010. Grades 6-8 will continue to increase in student numbers through the year 2007. High school age students are projected to increase in numbers through 2010. The City of Eagan can be characterized as a young, affluent municipality that has yet to reach total build out. School District projections suggest that the proportions of the population in the various age groups will remain fairly constant in the foreseeable future. HISTORY OF PROJECT In the spring of 1989, the City conducted a special referendum for a community center facility that included an indoor ice arena, community rooms, gymnasium and indoor leisure pool. That referendum failed, as did a second referendum two years later that provided for an ice arena and outdoor pool. Residents who strongly maintained an interest in an ice arena continued to pursue the issue and mounted a strong campaign with the City Council. As a result, the City Council, on a split vote, agreed to construct a simple building using $1.4 million from the Community Investment Fund coupled with the commitment from the community organization to raise $600,000 in cash, pledges, and donated equipment or work for the project. The Civic Arena, which was politically sensitive in the community broke ground in April, 1995 and opened on October 1, 1995. As part of the motion to approve the arena project, staff was directed to have a child's wading pool built. The wading pool opened in 1996. Despite the concerns that the arena could be a strain on the General Fund and raise taxes, it finished it's first 15 months with a cash reserve in excess of $45,000. Because of the huge demand for ice time, and buoyed by the success of the arena, the Hockey Association provided funds to develop a preliminary concept plan for a second ice sheet to be constructed adjacent to the existing facility. With $250,000 in grant funds and a ten-year pledge by the association, the City will loan the balance needed to construct the project. Income generated from the arena is expected to repay the borrowed funds from the City. The project is currently being bid and is expected to open October 1, 1998. 3 The small wading pool, which features water sprays, water curtains and water spouts also proved to be an overnvhelming success, generating numerous calls for the City to build a pool for the residents. In response to those requests and the demand for a second ice sheet, the Council directed a study to ascertain if sufficient space remained on the Municipal Center Campus to construct a swimming pool. The result of that study indicated that there was sufficient space and with additional information about the success of other aquatic facilities in the region, staff was asked to prepare a time line to construct an aquatics facility. On November 23, 1997 the Council directed staff to have a pool built and operational by June 1, 1999 with project costs to be covered from the Community Investment Fund. Staff has suggested that the project will cost approximately $4.5million. There have been no public hearings on this project to date, however meetings are to be held in March. The Council expects that the income generated over and above the cost of operation will be returned to the Community Investment Fund, although there is the realization that the pool will not be able to pay back principal and interest. SITE INFORMATION AND RELEVANT DATA Attached to the Request for Proposal is information about the site. Location map, quarter section and an attachment prepared by the site consultant shows the location of the swimming pool, parking and second sheet of ice. Also attached is a GIS map with campus buildings and topography. PRELIMINARY PROGRAM & WORK PRODUCT FOR THE CONSULTANT The City Council has deferred developing a final program for this facility until a consultant is able to assist them. Key elements identified at this time are: 1. A pool with zero depth entry of not less then 20,000 square feet of water surface. 2 Two "high entry" water slides: one body slide and one flume for tube rides. 3 Additional water slides for small children and toddlers. 4 Water play features for smaller children to include sprays, slides, bubblers, jets, water curtains and waterfalls. 5 Sand/water play area. 6 Picnic area for small group reservation 7 Structure(s) to house mechanical equipment, concessions, administrative functions/admission sales, bathhouse, emergency services. 8 Concessions eating area. 9 Ample deck and open space suitable for deck/lawn chairs and shade. Other items to be considered will include: lap swim area, a defined "tiny tots" area, "lazy river", sand volleyball, "deep water" turbulence. • The Consultant team will be responsible for guiding and directing the preliminary and final design of the aquatic facility. • With the City Team, the Consultant will finalize a program for the facility and prepare a preliminary plan, with alternatives, that may enhance the project or are design solutions for consideration. • If the aquatic planning firm does not have an architect to design the necessary buildings, the City and Consultant will interview and select an appropriately qualified firm or individual who shall be under the direction of the aquatic planning firm. • With the City Staff, recommend to the Council the most appropriate way to deliver the completed project, either General Contractor or Construction Manager. • Conduct community sessions to review the preliminary design for public comment, assist the City in preparing appropriate press releases and distribution of information about the project. • Prepare a preliminary budget for the project based on the preliminary plan. • Complete the design development phase and confirm a revised budget for the project. • Prepare final plans and specifications for the project. • Coordinate with State and local officials for necessary approvals. • Oversee and review bid submissions, make recommendations for bid award. • Oversee construction for quality, completeness and adherence to project specifications. • Other work necessary and customary with a project of this scope. OTHER WORK PRODUCT • Produce a colored rendering of the approved project suitable for reproduction and promotion of the facility. • Prepare elevations, perspectives or other graphics to help illustrate concepts and ideas about the project to the City Council and to the community. • Assist City Staff with the development of an operational budget for the facility. • Assist City Staff with the selection of site furniture, operational equipment and other items associated with operation of the completed facility. • The Consultant will oversee and provide general design coordination with the City Team for general site development. The City Team will provide all engineering services, including project bid and construction management for parking and utilities to the site/pool. This will also include lighting and landscaping. Costs associated with this portion of the project will be part of the project budget. PROJECT BUDGET / PROJECT MILESTONES The City Council has not yet established a budget for this project, but has been advised by staff that such an undertaking will cost in the $4.5 million range. This amount is expected to include everything; consultant fees, construction, site development costs, fixtures and equipment, parking and landscaping. The consultant team, along with staff, will prepare a project budget to be presented and adopted by the City Council with the preliminary design. The Council expects the pool to be open for public use on June 1, 1999. Allowing for operational testing and pre -grand opening events prior to this date, May 25,1999 shall be considered as a deliverable date. Subject to the consultants review and recommendations the following preliminary milestone dates have been established: • February 15, 1998 Preliminary design work completed and preliminary budget. • February 15 -March 1 Preliminary Plan Review and Public Comment • March 1, 1998 Design Development Approval • June 1, 1998 Approve Final Plans and Construction documents • June 25, 1998 Approve Contract for Pool Construction • July 20, 1998 Pool Construction Begins • Oct 1, 1998 Parking lot completed for Civic Arena Expansion • May 25,1999 Project delivered RESPONSE Respondents shall provide the following information: 1. Relevant information about the consultant firm, or firms if a joint proposal. Examples of projects similar in nature to this should be included as evidence of the firm's ability to complete the task. The City will be paying particular attention to projects that have been recently completed by the project team. Projects that are similar in scope and completed within the last three years will be more relevant to the selection committee. Reference contacts for each example including the individual's name, position, role with the project and telephone number. (Letters of recommendation may be included, but are not required) 2. Identify each member of the project team and responsibility for the project. S__ 3. Provide qualifications for each member of the Consultant team, relevant projects they may have participated in and their role in that project. 4. Provide an overview of the approach to be taken by the firm as it addresses this project. 5. A proposed project timeline and key decision points for the consultant. 6. Disclosure of the firm's current projects and ability to compete this project in a timely fashion. 7. Proposed fee(s) for the project. Provide five copies suitable for distribution to the selection team. There is no minimum or maximum number of pages for the response. FEE The response shall include a fee for the work to be completed, which may be based on a percent of the project cost, or a fixed fee. However, a fixed fee shall be identified for all work completed through the vreliminary design and preliminary budget preparation. This portion of the fee shall be considered as payment towards the remainder of the consultant services cost assuming that the Council approves proceeding towards subsequent phases. TIMELINE Response deadline is December 29, 1997 at 4:30 pm. CST, delivered to the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122. Selected firms will be notified by noon on December 31, 1997 for an interview. Interviews will be held on Tuesday. January 6. 1998. The interview- committee will consist of at least one City Council Member, the City Administrator, the Director of Parks and Recreation, and two additional individuals. The City Council is expected to confirm the selection at the following Council meeting. Following; notification. the proiect is to begin immediately. RESPONSES The response and all questions about this Request For Proposal shall be directed to: Ken Vraa, Director of Parks and Recreation 3830 Pilot Knob Road Eagan, MN. 55122 (612)681-4660 (612) 681-4612 fax kvaa! ci.eacan.mn.us e-mail Mr. Vraa will be the project coordinator on behalf of the Cite. NO CONTACT Proposers are prohibited from contacting any elected official for purposes of lobbying to secure this contract. 4 Agenda Information Memo December 16, 1997 Eagan City Council Meeting CONSENT AGENDA 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. Fire Inspector ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended for the position of Fire Inspector. FACTS: Final interviews for this position will be held on the City Council meeting date, Tuesday, December 16. If it is possible to do background and reference checks prior to the Council meeting, a name will be furnished at that time. Otherwise, staff is requesting that the Council approve the hiring of a person to be recommended. Item 2. Police Officer ACTION TO BE CONSIDERED: To approve the hiring of Kurt Bratulich as a police officer, effective January 12, 1998. Item 3. Part -Time Seasonal Night Supervisor/Civic Arena ACTION TO BE CONSIDERED: To approve the hiring of Ryan Rausch as a part-time seasonal night supervisor for the Civic Arena. Item 4. Seasonal Winter Parks Maintenance Worker ACTION TO BE CONSIDERED: To approve the hiring of Lynn Hanson and Matt Hanson as seasonal winter parks maintenance workers. Agenda Information Memo December 16, 1997 Eagan City Council Meeting Item 5. Seasonal Part -Time Winter Recreation Leaders ACTION TO BE CONSIDERED: To approve the hiring of part-time seasonal winter recreation leaders. FACTS: Interviews have been held and are currently being held for part-time seasonal winter recreation leaders for the skating rinks and sliding hill. A partial list of those persons recommended for hire will be sent to the Council on Monday with the Administrative Agenda packet. Staff is also requesting that names added to the list after the Council meeting also be approved for hire, since there is not another City Council meeting until January 6, 1998. Item 6. 1998 Compensation/Non-Collective Bargaining Employees ACTION TO BE CONSIDERED: To approve the following: 1) Compensation rates for regular, non -collective bargaining employees be increased 3% across the board, effective January 1, 1998. 2) With the exception of election judge rates, compensation rates for temporary, non - collective bargaining employees also be increased by MR to 3%. 3) Car expense allowances for Department Heads be increased by 3%. 4) Mileage rates be set at the IRS amount (which is currently $.315 a mile). If the IRS increases this amount, the City's amount will automatically increase to the new IRS rate. 5) The City's contribution for family health insurance would increase by $7.76 a month (half the total increase for 1998). Agenda Information Memo December 16, 1997 Eagan City Council Meeting B. SUBGRANTEE AGREEMENT —1995 CDBG ACTION TO BE CONSIDERED: To authorize the Mayor and City Clerk to sign the Subgrantee Agreement between Dakota County HRA and the City of Eagan for the Dakota County Community Development Block Grant Program for Fiscal Year 1997 project that will be carried out directly by City staff. FACTS: ♦ Under CDBG program regulations, the City must be a grant sub recipient whenever CDBG funds are used to pay direct employee salaries. The City's plan for its Fiscal Year 1997 CDBG funds includes an allocation of $10,500 to support public service activities currently being provided to the residents of the Wescott Square neighborhood. i Because of the length and technical nature of this agreement, it has not been included in the packet, but a copy will be available at the Council meeting if anyone wishes to review it. I Agenda Information Memo December 16, 1997 Eagan City Council Meeting C. ON -SALE LIQUOR LICENSE, JOE SENSER'S OF EAGAN, INC. (FORMER CRACKER BARREL SITE), 3010 EAGANDALE PLACE ACTION TO BE CONSIDERED: To approve an on -sale liquor license for Joe Senser's of Eagan, Inc. to be located at 3010 Eagandale Place, the former Cracker Barrel Restaurant site. FACTS: ♦ The City is in receipt of an application from Dan Peterson on behalf of Joe Senser's of Eagan, Inc. The firm intends to open a Joe Senser's Sports Grill & Bar at the location of the former Cracker Barrel Restaurant at Lone Oak Road and 35E. * The application has been reviewed by staff and the Police Department. No reasons have been identified to deny a license at this time. ATTACHMENTS: ♦ Application and Police Investigation Report enclosed without page number. /d Agenda Information Memo December 16, 1997 Eagan City Council Meeting D. APPROVE CONTRACT WITH OHMS TO PROVIDE THIRD PARTY ADMINISTRATION OF WORKER'S COMPENSATION CLAIMS ACTION TO BE CONSIDERED: To approve a contract with Occupational Healthcare Management Services (OHMS) to provide third party administration of worker's compensation claims. FACTS: ♦ In July of 1993, the City of Eagan began self-insuring its worker's compensation coverage. +► With the implementation of the self insurance program, the City retained DCA, Inc. to be the third party administrator for handling the work comp claims. ♦ DCA, Inc. has made a corporate decision to discontinue third party administration as of December 31, 1997, and has recommended OHMS as a replacement. ♦ OHMS is proposing to continue providing basically the same service and has suggested a two- year contract (January 1, 1998 — December 31, 1999) at an annual fee of $23,400. The 1997 fee for DCA, Inc. is $22,968. The City Attorney and staff have reviewed the proposed contract and staff has investigated the service capability of OHMS. Staff is recommending approval of the two-year contract. ♦ OHMS is an affiliate of Blue Cross Blue Shield with Minnesota offices located in Eagan. ♦ A copy of the proposed contract will be provided to any member of the City Council who would like to review the document. Agenda Information Memo December 16, 1997 Eagan City Council Meeting E. APPROVAL OF 1998 SPECIAL REVENUE FUND BUDGETS, INCLUDING THE HOUSING REVENUE BOND FUND, THE POLICE FORFEITURE FUND, THE HOUSING AND REDEVELOPMENT AUTHORITY FUND THE RECYCLING FUND, THE ECONOMIC RECOVERY GRAN_ T FUND, THE CEDARVALE SPECIAL SERVICES FUND AND THE CABLE TV FRANCHISE FEES FUND ACTION TO BE CONSIDERED: To approve the 1998 Special Revenue Fund Budgets, including the Housing Revenue Bond Fund, the Police Forfeiture Fund, the Housing and Redevelopment Authority Fund, the Recycling Fund, the Economic Recovery Grant Fund, the Cedarvale Special Services Fund and the Cable TV Franchise Fees Fund. FACTS: + For financial -reporting purposes, it' is' requiredthat the City Council adopt each of these budgets.:.. f - + The purpose of each fund is noted on the budget page. + The revenue sources and expenditures categories are listed as a part of the budget page. + The Cedarvale Special Services Fund is supported by the Special Services District Tax Levy. There are no tax levies related to any of the other funds. ATTACHMENTS: 1. , . + Housing Revenue Bond Fund Budget on page �. + Police Forfeiture Fund Budget on page 14. + Housing and Redevelopment Authority Fund Budget on page f �. + Recycling Fund Budget on page ��. + Economic Recovery Grant Fund Budget on page �. + Cedarvale Special Services Fund Budget on page + Cable TV Franchise Fee Fund Budget on page /a 113 Housina Revenue Bonds Fund This fund is used to account for the proceeds of the annual fee equal to 118 of 1 % of the outstanding principal balance of the revenue bonds or obligations issued to finance multi -family housing developments. Annual expenditures are for payment to the Dakota County HRA for monitoring rent restrictions. Per current policy, the fund will be used to finance future housing - related developments within the City. 1995 Fund Balance, Beginning of Year $700,562 Revenues: Housing Bond Fees Interest on Investments Total Revenues Expenditures: Monitoring Fee Total Expenditures Fund Balance, End of Year 1996 1997 1998 Actual Budget Budget $806,800 $907,850 $1,014,850 68,009 56,543 65,000 80,000 41,049 48,557 45,000 50,000 109,058 105,100 110,000 130,000 2,820 2,820 13 4,050 3,000 4,000 4,050 3,000 4,000 $907,850 $1,014,850 $1,140,850 114 Police Forfeiture Fund This fund was created to account for money received from the court system and restricted to police operations. It is expected that transfers will be made from this fund to the General Fund where eligible expenditures are made. 1995 1996 1997 1998 Actual Actual Budget Budget Fund Balance, Beginning of Year $55,727 $60,772 $28,825 $29,825 Revenues: Fines & Forfeits 1,818 86 0 0 Interest on Investments 3,227 2,486 1,000 1,000 Total Revenues 5,045 2,572 1,000 1,000 Financing Uses: Transfer to Other Funds 0 34,519 0 0 Total Financing Uses 0 34,519 0 0 Fund Balance, End of Year $60,772 $28,825 $29,825 $30,825 116 Housinc and Redevelooment Authoritv Fund This fund was established to account for the tax increment financing proceeds and expenditures for the Cinnamon Ridge Apartments interest rate reduction program. 1995 1996 1997 1998 Actual Actual Budget Budget Fund Balance, Beginning of Year $88,430 $91,358 $87,404 $88,404 Revenues: Property Taxes - Tax Increment 175,990 173,921 175,000 0 Interest on Investments 1,447 443 1,000 0 Loan Repayment 0 0 0 251,133 Total Revenues 177,437 174,364 176,000 251,133 Expenditures: Bond Trustee Payment 174,509 178,318 175,000 88,404 Financing Uses: Transfer to Housing Revenue Bonds Fund 0 0 0 251,133 Total Expenditures & Financing Uses 174,509 178,318 175,000 339,537 Fund Balance, End of Year $91,358 $87,404 $88,404 $0 Year -End Receivable $1,229,303 $1,407,345 $1,582,345 $1,899,813 11-5- 117 Recycling The Recycling Fund was created to account for the implementation and ongoing operation of the City's recycling program. All grant funds and related revenue and expenditures are consolidated into this fund to allow proper accounting and reporting for the program. Personal services expenditures relating to recycling and solid waste abatement activities are recorded in the Administration Department in the General Fund. Fund Balance, Beginning of Year Revenues: 3340 State Grants 3358 Solid Waste Abatement Grant 3360 Special Assistance Grants 3810 Interest on Investments 3880 Other Revenue Total Revenues Expenditures: 4210 Office Supplies 4212 Office Equipment 4220 Operating Supplies - General 4230 Repair/Maintenance Supplies 4270 Computer Software 4330 Postage 4331 Telephone 4337 Personal Auto/Parking 4340 General Advertising 4350 General Printing and Binding 4396 Building Rental 4410 Miscellaneous 4411 Conference and Schools 4412 Local Meeting Expense 4414 Dues and Subscriptions 4421 Recycling Awards 4450 Other Contractual Services 4560 Office Furnishings & Equipmt 4570 Other Equipment 4840 Merchandise for Sale Other Financing Uses: 114 Transfer Out Total Expenditures & Other Financing Uses Fund Balance, End of Year 1995 1996 1997 1998 Actual Actual Budget Budget $18,225 $29,480 $32,227 $34,227 0 0 0 0 34,054 37,214 38,700 39,373 20,714 0 0 0 1,769 2,778 2,000 2,000 250 300 0 0 56,787 40,292 40,700 41,373 0 7 0 0 0 114 0 0 3,442 28 250 1,500 0 88 0 0 0 0 0 700 3,057 1,215 3,000 3,636 0 0 0 0 46 180 500 500 2,295 861 850 2,200 11,065 8,032 9,000 7,500 1,320 1,320 0 0 0 0 0 196 609 210 300 400 337 227 400 0 215 110 200 400 517 0 0 0 11 315 500 1,500 0 410 0 0 573 0 0 0 0 0 0 0 22,045 24,428 23,700 22,700 45,532 37,545 38,700 41,232 $29,480 $32,227 $34,227 $34,368 �i 118 Economic Recovery Grant Fund This fund opened in 1995 with a grant from the State to establish a revolving loan fund for local businesses for the purpose of economic development. Loan recipients must meet certain requirements as set forth by the State for this program. A ten-year $250,000 loan was made with State funds to an Eagan business in 1995 to initiate the program. The loan was paid in full in 1996. Under the terms of the agreement with the State, $100,000 in principal plus interest collected to the point of payoff, will remain in the fund for loans to other qualifying businesses. The balance of the principal was returned to the State. ♦7 1995 1996 1997 1998 Actual Actual Budget Budget Available to loan out, Beginning of year $0 $8,174 $19,409 $30,409 Revenues: Amount received 250,000 0 0 100,000 Interest 8,174 11,235 11,000 11,000 258,174 11,235 11,000 111,000 Expenditures: Amount loaned out 250,000 0 0 125,000 Excess of Revenue over Expenditures 8,174 11,235 11,000 (14,000) Available to loan out, End of year $8,174 $19,409 $30,409 $16,409 ♦7 119 Cedarvale Special Services Fund This fund was established in 1996 for the purpose of accounting for taxes collected and expenditures made pertaining to the Cedarvale area special services tax district established in 1995. The primary purpose of the tax district is to provide signage, sign maintenance and turf maintenance for the Cedarvale shopping center. Fund Balance, Beginning of Year Revenues: Special Services District Taxes Expenditures: Signage Mowing Sign Maintenance Insurance Interest Total Expenditures Excess of Revenue over Expenditures Fund Balance, End of Year 1996 Actual $0 1997 Budget ($7,229) 1998 Budget ($429) 11,465 11,800 11,800 16,072 0 0 2,150 3,000 3,000 328 2,000 2,000 0 0 200 144 0 0 18,694 (7,229) 4$7,229) 5,000 6,800 ($429) NOTE: The City is financing the 1996 signage expenditure over three years for the Special Services District members. The full amount of the signage expenditure is reflected in 1996. 5,200 6,600 $6,171 196 Cable TV Franchise Fee Fund This fund was established to account for franchise fees paid to the City from Meredith Cable, Inc. The money is restricted for cable television related activities, primarily the City's share of the funding of the Burnsville/Eagan Telecommunications Commission. /9 1995 1996 1997 1998 Actual Actual Budget Budget Fund Balance, Beginning of Year $763,851 $720,758 $722,631 $898,831 Revenues: Cable TV Franchise Fees 232,774 254,216 260,000 300,000 Interest on Investments 41,846 50,117 45,000 50,000 Total Revenues 274,620 304,333 305,000 350,000 Expenditures: BETC Payment 72,625 69,014 80,000 80,000 Other 2,858 2,350 0 0 Other Financing Uses: Transfer to General Fund 40,941 34,466 48,800 78,800 Transfer to Municipal Exp. Fund 201,289 196,630 0 0 Transfer to Fire Admin Bldg Fund 0 0 0 435,500 Total Expenditures 317,713 302,460 128,800 594,300 Fund Balance, End of Year $720,758 $722,631 $898,831 $654,531 /9 Agenda Information Memo December 16, 1997 Eagan City Council Meeting F. EXTENSION — LONE OAK THIRD ADDITION ACTION TO BE CONSIDERED: • To extend the time for recording the final plat of Lone Oak Third Addition six months to March 16, 1998. FACTS: • On September 16, 1997, the City Council approved the final plat for Lone Oak Third Addition, which is the parcel of property currently under development as the United States Postal Service Information Center. • Due to internal conflicts, the postal service is unable to record the final plat within the sixty days provided for in the city code. ATTACHMENTS: Plat drawing on page �_ '+ ,i un gild f �i Q,3 d,€ A -; fill w 0 Lu i Hit � .fig I'S d j iv a �0 11 N It ' ll a a� ����� ,islE � � �� t lit -.W i I -.V. 9 ------------------ %W O1 'O�bl 31Y1S d / 0000 i1Z f mcl �r,�. Q4' r0 -OW J m I� 9 ------------------ %W O1 'O�bl 31Y1S d / 0000 i1Z f mcl �r,�. Q4' r0 -OW J m Agenda Information Memo December 16, 1997 Eagan City Council Meeting G. AUTHORIZATION, AIRLINER & SPRUCE MOTEL PROPERTIES. 2788 AND 2794 HIGHWAY 55, PREPARATION OF AGREEMENT FOR OWNERS CONSENT TO DEMOLISH AND PREPARATION OF APPRAISAL ACTION TO BE CONSIDERED: To authorize staff and legal counsel to prepare an agreement for the owners' consent to demolish the Airliner and Spruce Motel properties located at 2788 and 2794 Highway 55 and to prepare an appraisal of value. FACTS: ♦ The Airliner and Spruce Motels have been closed since the early 1990's. In the time since, they have received minimum maintenance and the structures are currently in very poor condition. ♦ In consideration of the property owners, Bill and Ann Kor, the City has withheld any action to require removal of the properties pending a possible application for redevelopment at the site. Most recently, the City is facilitating meetings between property owners in the area to determine whether an overall redevelopment plan can be developed. ♦ At the same time, the City has acquired the residential properties surrounding the Airliner and Spruce as part of the activity of the Highway 55 redevelopment tax increment district. ♦ The property owners have been informed that the City is no longer able to wait for redevelopment to occur to bring about the removal of the properties and has requested that the owners demolish them at the earliest opportunity. ♦ The owners have requested that the City remove the structures and assess the cost to the property. A provision exists within Minnesota Statute 463.151 for the City to perform these activities and charge in this manner provided that written consent is received from the owners. The owners' representatives have requested that the City prepare such an agreement. ♦ At the same time, staff is requesting authorization to prepare an appraisal of the property to further facilitate redevelopment discussions with all owners in the area. t In addition to the commercial demolition of the site, the owner is proposing to permit the City's Police and Fire Departments to use the facilities for training purposes prior to the removal. In addition to the benefit to the City, there is a possible tax benefit for the owners from such a contribution. raw Agenda Information Memo December 16, 1997 Eagan City Council Meeting H. RECOMMENDATION, ECONOMIC DEVELOPMENT COMMISSION, RESOLUTIONS SUPPORTING TORT REFORM PROPOSALS JOINT AND SEVERAL LIABILITY AND EMPLOYER REFERENCE IMMUNITY ACTION TO BE CONSIDERED: To approve resolutions recommended by the Economic Development Commission to support proposals concerning joint and several liability and employer reference immunity. FACTS: The City has received a request from the Civic Justice Coalition, an organization of tort associations, businesses, local governments and others which support reforms to discourage frivolous lawsuits and maintain the public's trust in the justice system. The group is affiliated with and was recommended by the League of Minnesota Cities. The coalition requested local support for legislation concerning limitations to joint and several liability and employer reference immunity. ♦ Because these issues pertain to business interests, the request was forwarded to the Economic Development Commission for study and recommendation. At its meeting of December 8, the Commission unanimously recommended that the Council support these initiatives. ATTACHMENTS: i Resolutions on pages through ,ZT. ♦ Fact sheets concerning issues on pages 1.2through -3 Y. ♦ Background concerning Civic Justice Coalition on pagesthrough. =�Z.3 CITY OF EAGAN RESOLUTION SUPPORTING LEGISLATION TO LIMIT JOINT AND SEVERAL LIABILITY WHEREAS, the City of Eagan has a significant interest in limiting the exposure of taxpayers to undue financial liability, and WHEREAS, the City, as a municipal corporation, and its business community can be exposed to financial liability disproportionate to their responsibility under the current statutes regarding joint and several liability, and WHEREAS, under current law defendants with as little as 16% responsibility can be held 100% liable for damages, provided they have the ability to pay the damage claim, and WHEREAS, 36 states either have no joint and several liability, have restricted its application to only certain types of cases or have increased the level of responsibility that must be proven, and WHEREAS, the situation can be remedied through reasonable tort reform, NOW, THEREFORE, BE IT RESOLVED that the City of Eagan supports legislation for tort reform to limit joint and several liability within the State of Minnesota. Motion made by: Seconded by: Those in favor: Those against: a y CITY OF EAGAN CITY COUNCIL IS 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 16th day of December, 1997. E.J. VanOverbeke, City Clerk as CITY OF EAGAN RESOLUTION SUPPORTING LEGISLATION TO LIMIT EMPLOYER LIABILITY FOR EMPLOYEE REFERENCES WHEREAS, the City of Eagan has a significant interest in limiting the exposure of taxpayers to undue financial liability, and WHEREAS, the City, as a municipal corporation, and its business community can be exposed to financial liability for both providing and failing to provide references for employees seeking employment elsewhere, and WHEREAS, under current law, cities and other employers cannot receive the necessary information to fairly and effectively evaluate potential employees, and WHEREAS, current law protects poor employees from the consequences of their behavior and fails to permit good employees from benefiting from their past performance, and WHEREAS, the situation can be remedied through reasonable tort reform, NOW, THEREFORE, BE IT RESOLVED that the City of Eagan supports legislation for tort reform to limit employer liability for employee references within the State of Minnesota. Motion made by: Seconded by: Those in favor: Those against: a6 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 16th day of December, 1997. E.J. VanOverbeke, City Clerk a 7 CIVIL JUSTICE COALITION Worldng to reform Minnesota's legal system Fact Sheet Joint and Several Liability Issue Overview Joint and several liability is the rule of law that governs which defendants in a lawsuit may be held responsible for any financial damages awarded by a court. The doctrine holds that when a party is injured, each of the defendants that bears some responsibility for the injury may be held financially responsible for all of the injured party's damages. Joint and several liability is often referred to as the "deep pocket rule." Plaintiffs tend to include in lawsuits as many defendants as possible in hopes that one of these "deep pocket" defendants will be held at least partly responsible and forced to pay all of the damages. Current Minnesota law says that any party found 16 percent or more at fault for an injury can be required to pay up to 100 percent of any court award if other defendants cannot afford to pay it. An individual or organization found 15 percent or less at fault still can be required to pay up to four times that amount, if other defendants cannot afford to pay it. So, a defendant held 10 percent responsible may be forced to pay 40 percent of a damage award. Problem: Minnesota's joint and several liability law expands litigation and is unfair As applied in Minnesota, the doctrine of joint and several liability encourages plaintiffs and their lawyers to sue any person or organization even remotely connected with the injury. The number of defendants in lawsuits grows as attorneys search for a "deep pocket." Individuals or organizations that have minor exposure in an incident can end up paying a large share of the damage award. Joint and several liability has several negative effects: It encourages plaintiffs, even those who may be significantly responsible for their own injuries, to seek out as many parties to blame as possible. This search for defendants drags out litigation and wastes time in our already stressed court system. It is unfair to ask a party who is only slightly responsible for an incident to pay most or all of the damage award. Even in cases in which the defendant is completely cleared of responsibility, defendants still must pay their own legal fees once they are dragged into a case. They also have lost the time needed to defend the claim. 4050 IDS Center - Minneapolis, MN 554n? - -1- (612) 370-0840 - fax (612) 3343086 us Fear of a being included in a lawsuit because of joint and several liability has dramatically altered the behavior of many organizations, especially schools, non- profit organizations, governmental units and small businesses that fear financial ruin with a single lawsuit. Many beneficial programs have been discontinued or never started because of fear of liability. This fear pervades our society. According to a recent survey conducted by the Coalition of Minnesota Businesses, seventy-three percent of Minnesotans said they were concerned they might be sued. Because of these problems, 34 states have changed their joint and several liability laws in the past 10 years. Currently, 36 states either have no joint and several liability, have restricted the doctrine to only certain types of cases or have limited full responsibility to parties who are at least 51 percent responsible for the injury. Minnesota has one of the country's most unfair joint and several liability statutes. CK's solution: Raise joint and several liability threshold to 51% Fairness requires that Minnesota's joint and several liability statute be changed. The Minnesota Civil Justice Coalition proposes that the threshold for full liability be raised from 16 percent to 51 percent. Defendants found less than 50 percent responsible for an injury would pay damages only equal to their share of the blame. So a defendant found 10 percent responsible would pay no more than 10 percent of the award. This is fair. This will remove the inequity of the 16 percent rule. It also will end the search for "deep pockets" by discouraging plaintiffs from adding defendants with only a marginal connection to the case. Without the incentive to add defendants, plaintiffs also may scrutinize their cases more carefully to determine whether the claim is legitimate. The overall effect on the court system - and the public's confidence in the courts - will be positive. ��i CIVIL JUSTICE COALITION Woridng to reform Minnesota's legal system Frequently Asked Questions Joint and Several Liability Reform The Minnesota Civil Justice Coalition is an organization of associations, businesses, health care interests, local governments and non -profits dedicated to improving the civil justice system in Minnesota. The coalition supports reasonable and fair reforms that will discourage frivolous lawsuits and maintain the public's confidence in the civil justice system. One of the crucial reforms needed in Minnesota is to change the state's joint and several liability law. This law currently allows defendants who are ruled more than 15 percent responsible for an injury to be forced to pay 100 percent of the damages if other defendants cannot afford to pay. Question: What does the term joint and several liability mean? Answer: Joint and several liability is the legal doctrine that all parties who cause some damage to an injured party each individually bears potential financial responsibility for all of the injured party's damages. It is sometimes called the "deep pocket" rule because parties with financial resources are often included in a lawsuit in hopes that they will be found slightly responsible and someone will pay the entire judgement. Question: What's wrong with the way Minnesota treats joint and several liability? Answer: Minnesota requires parties who are barely responsible for an incident to pay 100 percent of the damages. Minnesota courts ask juries or judges to decide how responsible for an incident different parties are - usually assigning a percentage of fault. Under Minnesota law, a party who is more than 15 percent responsible for an injury can be held 100 percent responsible for the damages, if the other parties involved cannot pay. This is unfair. We believe a party should be held at least 51 percent responsible for an injury before being required to pay 100 percent of the damages. Currently, if a party is found less than 15 percent responsible, they might have to pay up to four times that amount of the damages. So a party could be 10 percent responsible for an incident and be required to pay 40 percent of the damages. Question: Explain how joint and several liability would work in a real case? Answer: To find a "deep pocket," plaintiffs sue as many people as possible. Let's say someone has been injured using a lawn mower. The injury might be partly their own fault, or it might be a problem with the mower. But, let's say the mower was manufactured by a small company that went out of business. So, the person who has been injured cannot collect from the manufacturer. Instead, the injured party might sue 4050 IDS Center - Minneapolis, MN 55402 - ph (612) 370-0840 - fax (612) 3343086 _S0 the hardware store that sold the lawn mower. Or he might sue the different companies that manufactured the parts for the mower. The plaintiff is suing all of these people in order to establish that some of them are at least partly at fault for the accident. Their hope is that they will find a "deep pocket" or collect a large settlement. Question: What's wrong with Minnesota's joint and several statute? Answer: Plenty. First, it is unfair on the face of it. A party with a small share of the fault pays all the damages. Second, the drive to sue as many parties as possible results in an enormous waste of time and resources, as all sorts of marginally involved parties must defend themselves in lawsuits. For example, a Minnesota company that was not involved at all in building a plant - although they did make a bid on the project - was sued for an injury that occurred at the plant. It took six months and thousands of dollars of legal fees to get them dismissed from the suit. Question: Does the threat of these suits affect how businesses and other entities behave? Answer: Yes, in many ways. Many organizations will settle a case out of court just to end it. The claim may be completely groundless, but it saves time and money to simply pay off the plaintiff. Of course, that encourages plaintiffs to sue more and we've created a class of professional plaintiffs who go around suing companies and organizations just to collect settlements. Another unintended effect of joint and several liability is that many organizations, especially non -profits, schools and small businesses, fear being sued so much that they have discontinued beneficial programs simply to avoid the liability. The law is unfair and it's not good for our society. Question: What do you propose instead? Answer: The Civil Justice Coalition has proposed that Minnesota raise the threshold for 100 percent responsibility from over 15 percent to 51 percent. under this proposal, a defendant must be at least 51 percent responsible to be required to pay 100 percent of the damages. If a defendant is found less than 50 percent responsible they could be held responsible for the damages at a level equal to their responsibility for the incident. So, in the example we used earlier, the hardware store could be asked to pay 20 percent of the damages but no more. That is fair. Question: How do other states handle joint and several liability? Has it caused these same problems elsewhere? Answer: Yes, it has. That's why 34 states have changed their joint and several liability laws in the past 10 years. Minnesota has one of the most lenient joint and several liability laws in the country. It's time to change it. 3J CIVIL JUSTICE COALITION Woridng to reform Minnesota's legal system Question: What are the Civil Justice Coalition's overall goals? What do you mean by civil justice reform? Answer: Our goals are to reduce frivolous lawsuits and to encourage fairness and predictability in our legal system. The civil justice system is that part of our court system that deals with private conflicts. Individuals disagree and cannot settle it privately, so the court does. The civil justice system deals with issues like personal injury, product liability, family law and other non -criminal cases. Our group is not involved in issues relating to the criminal courts. Question: Are you saying our courts don't work anymore? Answer: Not at all. The American justice system is the envy of the world. It allows people to settle their grievances in an open and fair forum. But as problems in our society have grown more complicated, more people are using the courts in improper ways. The reforms the Civil Justice Coalition advocates target those areas in which the system is being misused. Question: Give an example of a reform that addresses "lawsuit abuse?" Answer: In the mid -eighties, lawsuits against doctors were becoming increasingly common. Many of these lawsuits were not cases of negligence or wrongdoing on the part of the doctor - they were cases of the client or patient not getting the result he or she wanted because of any number of factors. Most of these cases were thrown out of court eventually, but they clogged up the system and they stole valuable time and money from the doctors who had to defend themselves. In 1997, to address this issue, the CJC advocated a law modeled after a Certificate of Merit law originated by the Minnesota Medical Association and extended it to other professions. That means that before someone can sue a professional, another professional from that field has to look at the facts of the case and decide whether they believe there is merit to the case. It's a very low hurdle. It's having two positive effects. First, many frivolous lawsuits go no further than the certificate of merit. And, they shouldn't. Another positive effect is that when another professional says, "Yes, there may be merit to this claim," the professionals being sued seem to be more willing to settle the case out of court. It has worked out to be fair both for the professional involved in the suits and for people who have a legitimate claim. This is the kind of reform we support. Question: What else is on your agenda for 1998? Answer: In addition to reforming joint and several liability, we are seeking a bill that would grant immunity from lawsuits to employers who give job references. 4030 IDS Center - Minneapolis, MN 55402 - vh (612) 370-0840 - fax (612) 3343086 3.�_? CIVIL )USTICE COALITION Woridng to reform Minnesota's legal system Fact Sheet Immunity for Employer Job References Issue Overview In the past, everyjob-seeker listed "references" on the bottom of their resumes. Most of the time those references included a past employer or two. Now, even if a job- seeker lists their references, employers will offer little or no information about past workers. Typically, employers will only confirm that the job seeker had a job at the company, what their job title was and the dates of employment. This change has come about not because of new laws but because of new lawsuits. Beginning in the 1980s, more job -seekers sued former employers for defamation based on the references they were given. To protect themselves from costly lawsuits, more employers are taking a "no comment" approach to references. This fear - driven unwillingness to reveal anything about job applicants has gone so far that employers recently have been sued for not revealing past sexual misconduct or violent behavior. Clearly, the law on employer references must be changed. Problem: Fear of reference -related lawsuits harms good employees, protects bad ones The silence that most employers keep when asked for references is harmful in several ways. First, it protects bad and dangerous employees. If employers are not willing to reveal that former workers were fired due to poor performance or because they threatened other employees, their ability to get a new job remains unaffected. These problem employees can move on to a new workplace where they may cause the same problems and even put other workers at risk of harm. To make matters worse, employers also now face the threat of lawsuits if they don't give a job reference. In one case, two schools were sued for not alerting another school about a principal who had been accused of molesting students. The principal committed the same acts at his new job and his new employers, rightfully, were incensed that they had not been informed of his previous behavior. For employers, references have become a lose -lose situation. Because employers must maintain a uniform reference policy, good workers also are punished. Their former employers may want to give a positive reference, but cannot. These workers do not benefit from their past performance and may lose opportunities to advance their careers. 4050 IDS Center - Minneapolis, MN 55402 - ph (612) 370-0840 - fax (612) 3343086 W CIVIL JUSTICE COALITION worl,ng to reform Minnesota's legal mem The lack of work-related, background information hinders our economy as a whole. Without any information about an employee's past work, employers don't have the necessary information to determine which job applicant is best. For employers working in sensitive fields, where employees are in constant contact with customers or even visit a customer's home, the inability to get reliable performance information is dangerous. CK's solution: Provide immunity for employer job references To protect employers from frivolous lawsuits, improve workplace safety and allow a free flow of job-related information, immunity from civil liability should be granted for employer references. Currently, references are covered by "qualified immunity," a common law protection for giving references in good faith. This is not sufficient. CJC supports a plan that would give employers the right to disclose in writing basic information such as dates of employment, job description and duties, pay level and wage history. Additional information, such as written evaluations and an explanation of why the employee left, also may be released without fear of lawsuit, if the former employee authorizes it. This proposal protects the rights of employees while allowing important information to be disclosed. CJC advocated this idea in the 1997 Legislative session, where it had significant support. It will be put forward again in 1998. 4050 IDS Center - Minneaports, MN 55402 - ph (612) 370-0840 - fax (612) 3343086 3 f CIVIL JUSTICE COALITION warldne to reform Minnesota's legal system Frequently Asked Questions Employer Immunity for Job References The Minnesota Civil Justice Coalition is an organization of associations, businesses, health care interests, local governments and non -profits dedicated to improving the civil justice system in Minnesota. The coalition supports reasonable and fair reforms that will discourage frivolous lawsuits and maintain the public's confidence in the civil justice system. One of those reforms is granting specific immunity for employers giving job references. This is a vital public safety and business issue. What follows are questions that are frequently asked of members of the Minnesota Civil Justice Coalition. Question: Don't all employers give out references? What do employers need immunity from? Answer: Beginning in the 1980s, employees who left their jobs and sought out other work began to file lawsuits if they felt their previous employer gave them a bad reference. Sometimes, it was a case of being given a good reference but not good enough. Some employees won these lawsuits and it cost their companies a lot of money. The number of these suits created a real fear in the business community about giving out job references. Many companies now will only confirm that a person did work for them, perhaps giving out the dates of employment and the job title. That's all. To make matters worse, employers also now face the threat of lawsuits if they don't give a job reference. In one case, two schools were sued for not alerting another school about a principal who had been accused of molesting students. The principal committed the same acts at his new job and his new employers, rightfully, were incensed that they had not been informed of his previous behavior. For employers, references have become a lose -lose situation. They are sued if they give references and they are sued if they don't give references. Question: How would immunity work? Answer: The bill supported by the Minnesota Civil Justice Coalition would give employers the right to disclose in writing basic information about a former employee, such as dates of employment, job description, basic duties, pay level and wage history. Additional information, such as written performance evaluations and an explanation of why the employee left, could also be released without fear of a lawsuit, if the former employee authorized it. 4050 IDS Center - Minneaporls, MN 55402 - ph (612) 370-0840 - fax (612) 3343086 3S CIVILJUSTICE COALITION Working to reform Minnesota's legal system Question: Would that solve the problem? Answer: It would go a long way. The current system protects bad employees and it hurts good ones because employers cannot discriminate about which employees they release information on. Question: Why is this such an important issue? Answer: At its heart, it's a public safety issue. Imagine being the owner of a nursing home or a day-care center and not being able to find out important background information about the people you are going to be putting in charge of the care of children or elderly people. There have been cases of workers who were violent in one job, getting hired at another place and behaving violently there as well. Question: What about your organization's overall goals. What do you mean by civil justice reform? Answer: The civil justice system is that part of our court system that deals with private conflicts. That is, you believe I have wronged you in some way that has caused an injury. If we cannot settle our disagreement privately, the courts are there to settle it for us. The civil justice system deals with issues like personal injury, product liability, contract disputes and other non -criminal cases. Our group is not involved in issues relating to the criminal courts. Question: Are you saying our courts don't work anymore? Answer: Not at all. The American justice system is the envy of the world. It allows people to settle their grievances in an open and fair forum. But as problems in our society have grown more complicated, more people are using the courts in improper ways. The reforms the Civil Justice Coalition advocates target those areas in which the system is being misused. Question: Give an example of a reform that addresses "lawsuit abuse?" Answer: In the mid -eighties, lawsuits against doctors were becoming increasingly common. Many of these lawsuits were not cases of negligence or wrongdoing on the part of the doctor - they were cases of the client or patient not getting the result he or she wanted because of any number of factors. Most of these cases were thrown out of court eventually, but they clogged up the system and they stole valuable time and money from the doctors who had to defend themselves. 4050 IDS Center - Minneaporis, MN 55402 - ph (612) 370-0840 - fax (612) 334-3086 CIVIL JUSTICE COALITION Woridng to reform Minnesota's legal system In 1997, to address this issue, the CJC advocated a law modeled after a Certificate of Merit law originated by the Minnesota Medical Association and extended it to other professions. That means that before someone can sue a professional, another professional from that field has to look at the facts of the case and decide whether they believe there is merit to the case. It's a very low hurdle. It's having two positive effects. First, many frivolous lawsuits go no further than the certificate of merit. And, they shouldn't. Another positive effect is that when another professional says, "Yes, there may be merit to this claim," the professionals being sued seem to be more willing to settle the case out of court. It has worked out to be fair both for the professional involved in the suits and for people who have a legitimate claim. This is the kind of reform we support. Question: What else is on your agenda for 1998? Answer: In addition to granting immunity to employers who provide job references, we are seeking reform of Minnesota's joint and several liability law. 4050 IDS Center - Minneaports, MN 55402 - ph (A 2) 370-0840 - fax (612) 3343086 '32 CIVIL JUSTICE COALITION Worldng to reform Minnesota's legal system Minnesota Civil Justice Coalition Who we are: The Minnesota Civil Justice Coalition is an organization of trade associations, businesses, health care interests, local governments and non -profits dedicated to improving the civil justice system in Minnesota. We support reasonable and fair reforms that will discourage frivolous lawsuits and help maintain the public's trust in the justice system. What we believe: We believe that Minnesotans deserve a civil justice system that is fair, responsible and predictable. Surveys consistently show that 84 percent of Minnesotans support reforms of the civil justice system. To achieve reform, the Minnesota Civil Justice Coalition has three primary goals: • To educate the public about the true nature and the real victims of frivolous civil litigation. According to the American Tort Reform Association, consumers pay about $1,200 a year in higher prices and taxes because of unnecessary litigation. Surveys also show that more than 70 percent of Minnesotans fear they will be sued. We believe that a few reasonable reforms would reduce the incentives that now encourage people to sue unnecessarily. • To bring together—individuals and organizations concerned about our legal system. The Minnesota Civil Justice Coalition welcomes new members who share our concern about improving the civil justice system. Our members develop consensus on which reforms are most needed and how to achieve them. • To create solutions that will encourage fairness and predictability in the justice system and that can gain approval from the Minnesota Legislature. In the 1996 and 1997 Legislative sessions, we promoted the idea of a "certificate of merit" that is now required before a lawsuit is filed against a doctor or other professional, such as accountant, architect or lawyer. Under this law, another professional from the same field must review the case and certify that the case is "non -frivolous" before the case can proceed. This law will reduce the number of frivolous suits. In cases where merit is found, parties often are quicker to reach a negotiated settlement. This was the first significant civil justice reform in a decade in Minnesota. During the 1998 session, we will be working on issues such as granting immunity from civil lawsuits for employers who provide job references and reforming Minnesota's joint and several liability statute. Civil Justice Coalition: Working to Reform Minnesota's Justice System 4050 IDS Center - Minneapolis, MN 55402 - ph (612) 370-0840 - fax (612) 3343086 CIVIL JUSTICE COALITION Working to reform Minnesota's legal system MEMBERS 3M Alliance of American Insurers American Institute of Architects/MN American Insurance Association Association of Minnesota Counties Boise Cascade Corporation Builders Assn of Minnesota Chemical Specialities Manufacturers Assn CIGNA Cold Spring Granite Co. Consulting Engineers Council Dayton Hudson Corporation Employers Association, Inc. Farm Equipment Association of MN Farmers Insurance Group of Companies First Bank System, Inc. General Mills Inc. HealthPartners Health Industry Manufacturers Assn Hubbard Broadcasting Independent Business Association of MN Insurance Agents Association Insurance Federation of Minnesota League of Misr Cities Minnesota Defense Lawyers Association Medical Alley Minnesota Agri -Growth Council Minnesota Association of Realtors Minnesota Auto Dealers Association Minnesota Bankers Association Minnesota Business Partnership Minnesota Chamber of Commerce Minnesota Farm Bureau Federation Minnesota Grocers Association Minnesota High Technology Council Minnesota Hosp & Health Care Panner Minnesota Licensed Beverage Assn Minnesota Medical Association Minnesota Mutual Life Insurance Co. Minnesota Newspaper Association Minnesota Restr, Hotel & Resort Assn Minnesota Retail Merchants Assn Minnesota School Boards Association Minnesota Society of CPA's Minnesota Society of Prof Engineers Minnesota Soft Drink Association Minnesota Trucking Association NFIB/Minnesota IV'\Xi Agri -Dealers Association Pfizer Inc SUPERVALU INC Tennant Company Volunteers of America/Minnesota 39 Agenda Information Memo December 16, 1997 Eagan City Council Meeting I. ADOPT ENVIRONMENTAL ASSESSMENT COMMENTS REGARDING EXTENSION OF RUNWAY 4/22 TO 12.000 FEET ACTION TO BE CONSIDERED: To adopt comments to the environmental assessment worksheet regarding extension of Runway 4/22 at Minneapolis St. Paul International Airport to 12,000 feet. FACTS: ♦ The City is in receipt of the environmental assessment worksheet for the extension of Runway 4/22 from 11,000 feet to 12,000 feet. The purpose of this extension is to accommodate fully loaded non-stop operations to Hong Kong. t The timing of the receipt of the EAW and the schedule for the Airport Relations Commission prevents the matter from appearing before both that group and the City Council prior to the comment deadline of December 31. ATTACHMENTS: t Staff memorandum on pages� through . va MEMO city of eagan TO: City Administrator Hedges FROM: Jon Hohenstein, Assistant to the City Administrator 4)f --- DATE: December 10, 1997 SUBJECT: Runway 4/22 Extension — Environmental Assessment Comments The City has received the Environmental Assessment Document for the Extension of Runway 4/22 to 12,000 feet. Excerpts are attached to this memo. Interestingly, the conclusion of the analysis is that the preferred alternative is to extend the runway 1,000 feet to the northeast. The analysis suggests slightly lower environmental consequences and lower costs of acquisition with this alternative. On October 22, 1997, the City forwarded the comments below to the MAC consultant, HNTB, for consideration in this review. This memo identifies the extent to which the issues were addressed. The availability of the document also presents an opportunity to address other issues if the City believes them to be pertinent. Environmental Assessment Responses to Previous Issues 1. Noise Impacts — In addition to the basic analysis of DNL metrics, the study should review: a. Single event impacts for additional operations. Single event analysis was included showing less than 1 dBA difference between the current situation and the various alternatives (Table 4.7) b. The extent to which noise contours would extend into new neighborhoods. Comparisons of alternatives show relative areas and populations within the contours. They do not show neighborhoods per se, but "neighborhood" boundaries may be difficult to define (Tables 4.1 and 4.2). c. Ground noise. Ground noise and low frequency noise are discussed in Section 4.1.5. The conclusion is that one additional operation per day not add significantly to the preexisting impacts for either of these types of noise. In addition, ground noise is a component of the modeled contours d. Low frequency noise impacts. See Ground noise. 2. Operations and Growth — The review is anticipated to consider impacts during the first year of operations which would consist of three to six operations per week to Hong Kong. The review should also address: a. Potential expansion of operations to other destinations. Does the availability of the additional runway length make other destinations feasible in Asia, Europe or elsewhere? What effect would that have on the operations estimates and impacts? Reference is made in Section 1.1.5 to analysis done in the MSP 2010 Long Term Comprehensive Plan that concluded that Frankfurt, Paris, Seoul and Hong Kong were potential non-stop markets that could be added to the existing non -stops to Tokyo, Osaka, London and Amsterdam. Seoul, the most distant of these, is comparable in distance to Osaka and probably would not need the additional runway length. Staff was unable to locate any further analysis of other destinations in the assessment document. b. Potential use of the extension for other operational scenarios. Does the availability of the additional runway length offer operational alternatives that may impact airport capacity? For example, could smaller aircraft be shifted from the parallels to operate independently to or from the southwest without having to cross either parallel? No specific comments appear with respect to this item. It should be noted, however, that the preferred alternative of extending the runway to the northeast does not create any scenario for more runway length for intersection departures than is available now to the southwest. c. Feeder system expansion to support international operations. Since a small fraction of the enplanements for the Hong Kong flights will originate in Minneapolis -St. Paul, to what extent will the feeder system need to grow to support the international operations? The relationship of the Hong Kong flights to the feeder system is mentioned in the Aviation Forecasts Section 1.1. S, but no further explanation is provided d. Sensitivity analysis for growth assumptions. How certain are the growth projections for the extension and background traffic? Can the analysis consider a range of operations levels to account for potential variations? The assessment uses the growth assumptions in the MSP Long Term Comprehensive Plan High Combination projection. The LTCP offers a range of projections with analysis of the circumstances that would contribute to each. The MAC has been adjusting its projections based on actual growth to date such that the High Combination projection reflects current trends (Section 1.1. S and Table 1.3). 3. Economic Impacts — Initial analyses suggested a strong, positive impact on the local economy from the availability of non-stop Hong Kong service. a. Will the economic activity result entirely from new growth in the system or will some of this demand shift from other origination points that currently provide service with intermediate stops? Again, Section 1.1.5 references the feeder system and trends in international service but does so only from MSP's perspective and does not differentiate between new growth and shifts from other markets b. Since MAC capital improvements are funded through landing fees, concession fees, Passenger Facility Charges and other airport revenues, what will be the cost on the typical passenger over the next ten years to support this improvement? This issue does not appear to have been addressed 4. General Comments — The scoping document indicates that the development of Runway 17-35 will be considered as a cumulative impact. Is this appropriate or would it modify some of the impacts anticipated by this improvement? It would appear that sufficient comparisons are provided between the no action and extension alternatives separate from Runway 17-35 to analyze extension impacts on their own. Y 01 Other Issues The document includes an analysis of the temporary noise impacts during construction (Section 4.15.3). The source of the impacts would be the relocation of all operations, including the heavy international operations to the parallel runways for one construction season. This action will increase projected noise levels in northern Eagan by .5 DNL or less above the no action alternative. While the DNL levels do not change significantly, any traffic at the airport at any time will need to use the parallels. The City may wish to recommend comments regarding the use of operating standards to limit those impacts as much as possible during this period. Potential Comments Based on the responses to previous issues and further analysis of the environmental assessment, the City may wish to consider comments on the issues not fully addressed in the environmental assessment. Potential comments include: • The City has asked that the environmental assessment review the feasibility of other destinations that would need and use the proposed runway length. While the assessment references the MSP Long Term Comprehensive Plan projections, that analysis was done considering only the runway surfaces and lengths anticipated at the time of the study. The extension was not among the assumptions at that time. If other destinations are feasible and were implemented, the operations growth and environmental impacts outlined in the assessment would be understated. • The City has asked that the relationship between the extension and the feeder system be more fully analyzed to determine the potential for and potential extent of indirect growth. To date the discussion in the environmental assessment indicates simply that 13% of the Hong Kong passengers would originate at MSP. The differential analyses only differentiate between scenarios with and without the Hong Kong flights themselves. To what extent will the number of operations within the feeder system need to expand to support the other 87%? • The City has asked that the analysis describe the economic impacts on the flying public to fund the improvement. The assessment discusses economic benefits and activity associated directly or indirectly with the Hong Kong operations. It does not include any analysis of the additional capital costs to be absorbed by the flying public. To the extent that capital costs are spread over all users and not just the Hong Kong passengers, how much will the typical ticket price be affected and over what period will it be affected to support this improvement? • During the construction on Runway 4/22, all operations will be diverted to the parallel runways. While the increase in DNL will be minimal, there will be no periods when there are not at least some operations occurring to the northwest and southeast of the airport. The assessment does not address any interim noise mitigation strategies to be implemented during construction. The assessment should identify and the MAC, FAA and airlines should implement appropriate noise abatement strategies to recognize this situation. In particular, the City of Eagan would request that compliance with corridor procedures be significantly improved during the construction period to minimize impacts on neighborhoods outside of the noise compatible area. q3 city of eagan FACSIMILE TRANSMISSION TO: Jennifer Sayre, Northwest Airlines 726-7947 FROM: Jon Hohenstein, Assistant to the City Administrator DATE: December 10, 1997 MEMO SUBJECT: 4122 Extension Environmental Assessment Comments Following is a memo concerning the comments we are considering. Please let me know if you have any concerns. Thanks. r AsT t to the City Administrator q I/ Agenda Information Memo December 16, 1997 J. PROJECT 726, GREENSBORO ADDITION — STORM SEWER ACTION TO BE CONSIDERED: To receive the feasibility report for Project 726 (Greensboro Addition — Storm Sewer) and schedule a public hearing to be held on February 3, 1998. • City staff received a letter and petition from Julie Hermann Casey, property owner at 3738 Greensboro Drive. The petition requested that the City resolve a drainage problem in the rear lot of the property. • The property description is Lot 1, Block 4, Greensboro 2nd Addition and was developed during the summer of 1987. • Since 1990, the petitioner has had water in her basement every year. The petitioner has made improvements to the house and yard each year in an attempt to correct the problem. • In 1997, the petitioner contacted a contractor to discuss corrective options. Suggestions involved the placement of drain tile within the drainage and utility easements to the south or to the east. The petitioner set up a neighborhood meeting and sent permission request forms to the affected neighbors. She has not been successful in obtaining her neighbors' permission to work within the easement in their yards. iCCiiF.0 • Many of the property owners included in the proposed assessment roll are neighbors of the petitioner who have not been cooperative in the petitioner's efforts to do the work privately. ATTACHMENTS • Feasibility Report will be included with the Additional Informational Packet on Monday. Ys Agenda Information Memo December 16, 1997 ACTION TO BE CONSIDERED: To schedule a public hearing for Project 717R (Country Home Heights — Street Improvements) to be held on January 20, 1998. FACTS: • On December 26, 1996, City staff received a petition from four property owners along Rainier Lane requesting street improvements. Subsequently, the City Council authorized the preparation of a feasibility report on January 7. • On May 6, the Council received staff's preliminary findings of economic unfeasibility and subsequently canceled Project 717 from further consideration. However, in response to a request from a property owner, the Council directed staff to evaluate various alternatives other than standard street improvements for both Rainier Lane and the entire Country Home Heights subdivision. • At a Special Council Workshop on August 5, the City Council was presented with five options for stabilizing the existing gravel streets and subsequently directed staff to prepare a formal feasibility report with two options of street surfacing for the entire Country Home Heights subdivision. This feasibility report was completed and presented to the City Council on September 2. • On October 7, a public hearing was scheduled to consider the proposed improvements. However, due to an error in the notifications, the public hearing was not held. Instead, the Council conducted an informational meeting with the residents to hear their concerns. Subsequently, the Council directed staff to have formal pre -project appraisals performed and reschedule the formal public hearing when appropriate. This work has now been completed and the hearing can be set for January 20, 1998. An informational neighborhood meeting will be held prior to the formal public hearing. '+6 Agenda Information Memo December 16, 1997 L CONTRACT 97-11, OLD SIBLEY HIGHWAY STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 97-11 (Old Sibley Highway— Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 97-11 provided for the construction of sanitary sewer along Old Sibley Highway, southwest of State Highway 13 and Cedar Avenue, to serve the proposed Eagan Heights Addition (Phase 2). Street improvements, water main stubs, and storm sewer construction were also included within Old Sibley Highway. Storm sewer improvements and minor grading were also included for the Cinnamon Ridge 3rd Addition and pressure reducing stations for the trunk water main in the area. • The items detailed in the change order address the time extension for the placement of the bituminous wear course on Old Sibley Highway and the removal of a blockage of an existing storm sewer pipe in Cinnamon Ridge Yd Addition. • The sanitary sewer improvements were to be completed prior to the placement of the bituminous for the street. Due to delays in the acquisition of an easement for the sanitary sewer and the eventual revision in the alignment for said sewer, the placement of the sanitary sewer was delayed. Because of the lateness in the construction season and temperatures less than acceptable for placement of bituminous wear course, only the base course was placed. • The change order requests a time extension for the completion date for the base course from September 20, 1997, to November 8, 1997, and for the wear course from September 20, 1997, to June 15, 1998. Compensation for additional work required by the delay and increased costs are also requested. • The storm sewer improvements in Cinnamon Ridge were to be completed by October 4, 1997. Due to a blockage located in the existing storm sewer. the contractor could not construct the proposed improvements. The blockage was located and removed by the contractor so that the improvements could be constructed. • The change order requests a time extension for the completion date for the storm sewer improvements until November 22, 1997, and compensation for removal of the blockage. • The delays also affected the installation of the pressure reducing stations. The change order includes a time extension for these water main improvements from October 4, 1997, to November 15, 1997. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of $6,386.00 (1.8% of original contract). The associated costs will be the responsibility of the Storm Sewer Trunk Fund ($2,671.00) and the assessments ($3,715.00). ATTACHMENTS: Change Order No. 1, pages through_. 419 A� f dty of swan CONTRACT#: 97.11 PROJECT M 692 CHANGE ORDER #: 1 DATE: October 27, 1997 PROJECT NAME: Old Sibley Highway, Pressure Reducing Stations, Cinnamon Ridge 3rd Addition PROJECT DESCRIPTION: This project provides for construction of sanitary sewer to service the proposed Eagan Heights Addition (Phase 2). Watermain stubs will be installed along Old Sibley Highway. Street improvements and associated storm sewer construction will be done on Old Sibley Highway. The proejct also includes storm sewer modifications and minor grading for Cinnamon Ridge 3rd Addition and three pressure reducing stations. CONTRACTOR: Ryan Contracting 8700 13th Avenue E Shakopee, MN 55379 DESCRIPTION OF CHANGE ORDER WORK: Description of Work To request a time extension for the project as described below. JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER ENGINEER: Bonestroo & Associates 2335 W Hwy 36 St. Paul, MN 55113 This Change Order will grant an extension to Ryan Construction for the completion of Old Sibley Highway, Cinnamon Ridge 3rd Addition, and the pressure reducing stations. The original completion date for Old Sibley Highway was September 20, 1997. The completion of Old Sibley Highway was dependant upon acquiring the easement from Ferrellgas to install the sanitary sewer. The city was unable to negotiate an easement with Ferrellgas, and the sanitary alignment was ultimately changed to a new location on the Ferrellgas property. 4957ftombt Z/ v Due to the delay in acquiring the easement, the revised completion date for the installation of the binder course shall be November 8, 1997. Due to the colder temperatures, it would be beneficial to delay wear course paving until the spring of 1998. The revised completion date for the wear course paving shall be extended until June 15, 1998. The associated costs are shown in Part A below. Part B - Cinnamon Ridge 3rd A dditigI3 The original completion date for Cinnamon Ridge 3rd Addition was October 4, 1997. Due to a blockage in the existing storm sewer line, that was discovered by public works after the contract award, Pond AP -2 IA would not drain down to allow the contractor to complete the storm sewer modifications.77he contractor was requested to excavate the storm sewer line and remove the blockage. which was not included in the work that was bid. The contractor is requesting an extension until November 22, 1997, to complete the storm sewer modifications. Part C - Pressure Reducing C atio + The original completion date for the pressure reducing stations was October 4. 1997. Due to delay in the delivery of the materials for the pressure reducing stations, the contractor is requesting an extension until November 15, 1997, to complete the work. No. Item Contract Unit Total Unit Quantity Price _ Amount Part A - 1998 Wear Course Paving I Adjust valve box EA 4 160.00 $640.00 2 Adjust rings and casting EA 9.00 175.00 81,575.00 3 Type 41 bituminous wear course TN 750.00 1.50 51,125.00 4 Bobcat with sweeper HR 5 75.00 $375.00 Total Part A S3,715.00 Part B - Cinnamon Ridge 3rd - Blockage Removal 1 Labor Backhoe operator HR 6.00 50.00 $300.00 Pipelayer HR 15 47.00 $705.00 Foreman HR 6 61.00 $366.00 S1,371.00 2 fguipment Backhoe HR 6 98.00 $588.00 3 Material Concrete CY 3 125.00 $375.00 12" RCP LF 16 14.50 $232.00 1 1/2 Rock CY '7 15.00 $105.00 Total Part B 2,671.00 49570/co.wbi `t 9 Contract Unit Total No. Item Unit _ _ quantity Price Amount Pari C - Pressure Reducing Stations Time Extension 0 0.00 0.00 Total Part A 3,715.00 Total Part B 2,671.00 Total Part C 0.00 Total Change Order No. 1 6,386.00 4957Q/Co.wh1 c5ov CONTRACT STATUS TSWCOMPLEnON DATE AMOUNT Original Contract: S tember-20. 1997 / October 4, 1997 $356.841.00 Change Order: 1 Revised completion dates: $6,386.00 Old Sibley Highway - Nov. 8, 1997/June 15, 199S Cinnamon Ridge 3rd - Nov. 22, 1997 Pressure Reducing Station - Nov 15, 1997 . Subtotal of Previous Change Orders: $0.00 This Change Order: New subtotal of all Change Orders: (Add) Revise Contract: Percent Increase for this Change Order to Original Contract Amount: Percent Increase for total of All Change orders to Original Contract Amount: , DED F R APPROVAL: Date: 1Z `8 — S'% ect Manager Date: / 2- —1 2 City Department City of Eagan Council Action: Mayor: Clerk: Approval Dare: Distribution 1 - City 2 - Contractor I - Engineer I - Bonding Company 49570%o.wbt $6,386.00 $6,386.00 $363,227.00 1.8% 1.8% ` 16k,� Contractor I Agenda Information Memo December 16, 1997 ACTION TO BE CONSIDERED: To authorize the preparation of a Feasibility Report for Project 727 (Donnywood Addition - Street Improvements). FACTS: ® The resurfacing of the streets within the Donnywood Addition is programmed for 1998 in the 1998-2002 5 -Year CIP. • The neighborhood includes Jurdy Road and High Site Drive, in addition to the cul-de-sacs intersecting these streets, east of Pilot Knob Road and south of Lone Oak 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. .. . _ 47 _1 1 e 7_WIWI��- ACTION TO BE CONSIDERED: To authorize the preparation of a Feasibility Report for Project 733 (McKee Addition - Street Improvements). FACTS: The upgrading of the streets within the McKee Addition is programmed for 1998 in the 1998-2002 5 -Year CIP. The neighborhood includes Kenneth Street, Beatrice Street, McKee Street, Keefe Street, and First Street, all northeast of the intersection of Lexington Avenue and Lone Oak 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 the streets within this neighborhood. SIZ Agenda Information Memo December 16, 1997 O CONTRACT 98-01, SOUTHERN LAKES WATER TOWER ACTION TO BE CONSIDERED: To receive the bids for Contract 98-01 (Southern Lakes Water Tower) and award the contract to Pittsburgh-DesMoines for Style A (Fluted Column) on the alternate site in the amount of $1,084,500 including Alternates A-1, 3, 5 and 6 in the amount of $36,000 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • In June/July of 1997, the cities of Inver Grove Heights and Eagan entered into a Joint Powers Agreement (JPA) which provided for the extension of utility service from Eagan into Inver Grove Heights. • In order to adequately serve the new expanded water service area in Inver Grove Heights and provide better service to the southeast corner of Eagan, the 1996 Comprehensive Water Supply, Storage and Distribution Plan identified the need for a 1.0 Million Gallon (MG) water tower with a water elevation of 1150'. • The highest ground elevation at 1008' was identified within Inver Grove Heights, and more specifically within the NSP Wescott Gas Plant facility to the north of the proposed Southern Lakes development. Detailed plans and specifications were prepared for a 150' tall water tower for both a pedestal spheroid as well as a fluted column design. • The JPA requires Inver Grove Heights to provide to Eagan a site of approximately 1.5 acres for this water tower site. In October, the City of Eagan applied for two Conditional Use Permits (height and use) and a Waiver of Plat. These applications were recommended for denial by the I.G.Hts. Planning Commission and considered by the I.G.Hts. City Council on November 24. Due to significant objections from adjacent residential property owners, Eagan was requested to evaluate an alternative site approximately 1200' further west with a ground elevation of 978 (30' lower). • An Addendum was issued to the bid solicitation package requesting bid quotations for both styles at this alternate site. • At 2:00 p.m. on December 8, the bid opening was held. A copy of the bid tabulation for both styles and both locations along with various altemates are enclosed. • The result of this bid opening was presented to the I.G.Hts. City Council at their regular meeting of December 8 at at which time they selected the fluted column design on the alternate site and approved the Conditional Use Permits and Waiver of Plat for that location. • Several construction alternates were identified through the bid solicitation process. Staff has identified Alternates A-1, 3, 5 and 6 for favorable consideration by the City Council in the contract award. Staff is recommending Alternates A-2, 4, and 7 be disregarded. Based on the bids received and the site provided by I.G.Hts., it is recommended that the City Council give favorable consideration to awarding Contract 98-01 to Pittsburgh DesMoines (PDM) in the amount of $1,084,500, which is the lowest bid for the alternate site. A summary table of these recommendations is also included. S3 ISSUES: In order to meet the required completion date of October 15, 1998, it is important that this contract be awarded on December 16. Any delay in contract award will put the completion date in jeopardy with the next available completion date being July 1999. This delayed completion date will not allow the City of Eagan to install the altitude control valve and perform the required preventative maintenance inspection of the Safari Water Tower during the winter of 1999, which is necessary for the scheduled repair and repainting of the Safari Reservoir currently programmed for the winter of 2000. I.G.Hts. has been negotiating with NSP for the acquisition of this site. While the deed conveyance may not be in order by December 16, it is anticipated that an irrevocable right - of -entry will be provided allowing the City to award this contract. If the appropriate property rights are not in order for Council consideration of contract award, staff will provide a status report with recommended appropriate actions. ATTACHMENTS: Location map, page �S Bid tabulation, page �. Cost comparison, page SY ALTERNATE SITE 1.0 MG WATER TOWER CITY PROJECT 724A �! 12" L{ ti OUTL'OT A I ADD. � � I Majestic r ~r r f j' / r f r 1 + a10-77 oa ks. p1 f "a l N.S.P. WESCOTT GAS FACILITY PERMANENT ACCESS ROAD AND TRUNK WATER MAIN - ORIGINAL SITE 1.0 MG WATER TOWER CITY PROJECT 724) N.S.P. EASEMENT r ♦` , . PHASE'. J/ ,/16 i 12', jr ��,,,_ �.4 irl'RZ3t�ASED ��`� —� �-♦ l' `� •,��' l�J 1 112"♦1 1• 1 I ! 1 i 1 I I r rI h �� 5 �jr. - < ih.. ,•... . � �/ ..� ,ter''`, 1 / �. �` . '�. 1 12 ,� , ♦ < / 1 , , / 'C �` � �.. ♦ ' ��' � yam' �. y~ 1 i LAKES ' i Z Ij' Q• 16^ TRUNK WATER MAIN LOCATION EAGAN, MINNESOTA LEGEND I! W.M. EAGAN CITY PROJECT W.M. BY OTHERS W.M. EAGAN CITY PROJECT W.M. EAGAN CITY PROJECT SOUTHERN LAKES WATER TOWER \49586F05,DvwG OCT. 1997 COMM 724B 7248 — ALTERNATE BID 723 0 250 500 Scale ;n fee! FIGURE 5 CITY PROJECT 724A & 724B 49586 Bonestroo Rosene 4 Anderlik & Associates Engineers & Architects S6 b b a O H ¢ z W � U m W J �p N LU W wma Z LL a W Q m p0 m m 8 8 8 8 S 8 0088 8p O �8V {G a M ppb 4 F.. 805 � � Q8 a Q8 8 g8'l88� O N 8S MUM (8Q� pQS p8 pp$ �p8} p8 N N o88p H s p8 fA 6zt H 1A QJ QiNN NINA r Ci V)�NM G] CV ' In ICY pR r Go [�7 i0 Go G7 C7 L7 ili O> I! N N �W l*! 0 U J a N Fp Nppp N o N IZLu z0)N 769 NOtNn Nf000WO HAV3, 1I) N a_H ..888p 88 p 8880010 88800 p p 80808'880088 p p p p pp 'pOp8888 pp p p p 8O p p N o88o8o0o8 ^I'�8 n A N O I�Ap 49 " &§ 8 0 GO�IA 0} 8 0 S W H S S S N �OpO H N V�LL^'S �N aco r N 1AN� pO�.II) H N p r. H N i INAO N r fA r N 19 N H Y N N ftj N } H Y UJ 1! _�w8W 88 Sa 88. WW iA NKN Nev*91 !1" 44 N dOJOJ OJ a U trA f9 888 888888 8 88 8 8 8888 54 88888888 NO 4N"! p8 WafA''..a p8 p8o8888g8 Haa 8888088888 O8K8 �IO iA �N Q N p�N��p C� i9K V!. 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UU U W ci Qf- W pa Jm(AW OU J ¢:.i-J¢QQ W W J WW (M V V C1N Ci W ih Z U U Z W cr LU t� Hew a ZH Oa'J 0 Q.p.� M �'� w H'�w d ZH p O'J-j O m a'F- m Z wS Z 0 U Z 0 Wa' howw800p p F-UU LLIU J JF��Q ++J0�U'-� awm¢pp0 W F ++- F. w�0 WZ❑ UOw�¢—O Z�Z�a¢X'��z�a¢O JO up.�,�JO U�'xmZw pOU O g 8 D �aWwH<ao JW LLatM� p r2Np x x pp �� p F spa Jw2mm UjLU xx QO¢ aDau� F zb—JF-Wz0 U Uw U zpf-w J mbI-wZO w—¢—OF wUz p)- p z<>w 8� Q m W V1Qm2r V�.i ��.9( WILLa�=8 r2VU Jb C, IQL y CL C?¢U CL -Fx- firma SbOZQci wx UQ>O JZX W p m 9 Q, , u7 � 00"—mmainU Q,, m-- p p F u7 �`�" ti ��_¢¢Q¢Q¢¢ ti Q NM IL'1 1� rNM In ¢ => p W� _mmainU ma6abid�ah S6 b b a O H ¢ z W � U m W J �p N LU W wma Z LL a W Q m p0 m m SOUTHERN LAKES WATER TOWER ALTERNATE SITE COST COMPARISON PROJ 724A, CONT 98-01 Original Site Pedestal Spheroid Fluted Column Style Difference Water Tower $1,244,750 (PDM) $ 997,750 (PDM) $247,000 Recommended Alt. 36,000 TOTAL $1,033,750 Alternate Site Water Tower $1,279,500 (CBI) 1,048,500 (PDM) $201,000 Recommended Alt. 36.000 TOTAL $1,084,500 Bid Alt natives • A. Staff Recommended A-1 Garage Access Door $16,000 A-3 Interior Steel Ceiling 16,000 A-5 Inspection Platform 1,500 A-6 Antenna Mounting Bracket 2.500 Subtotal $36,000 B. Staff Rejected A-2 Interior Fabric Ceiling ($8,000) A-4 0.5" Steel Riser (-0-) A-7 Cathodic Protection ($9,000) G TECHS?ONINBSC. SLWaterTowerAltemateSneCostComp2 doc S7 Agenda Information Memo December 16, 1997 ACTION TO BE CONSIDERED: To approve the general engineering rates submitted by the designated consulting engineering companies for services to be provided in 1998. FACTS: Each year the consulting engineering companies selected to provide services for the City of Eagan provide their fee schedules for the upcoming year. The attached spreadsheets indicate the fees the consultants have requested for the council's approval. ATTACHMENTS: Consulting Engineering Fees, page 9 . 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N h A + , lh �f lh } M' H' MV N' I N N N H' N H M MIR U WNQNQ� M N V <QQ 0 z QQ O 1l �QQ . �.r�0 0�(�1 �N�pp s N r �, V .-� r r P 28 co 8, N as �p NH 8 CD • N r6l NMN N -( as a < 8 1818814i•8 88818 888 88 88 N N O N , ' h NIN 8' , 8 In N l7 N N , , O 04 O tq1 �qJ C4 ve,N vi N H y V V N ODN O(OA 00701 V IA00 A0 00 O Q m l'7 V V V r N N N N r r 0 V N N 8 .98 S8 8 obs 8� N NN , p� es po oo ' p1 � V1 NN ,�{(�� " MN pp(p NNN pad O Q < VJ � V1 a 2 H :2co h Z O ..7 gf c c •- ZI c n H 2.4<�c , Wall =Jb N as asa m �a c N i mO UU.0W a U�c r ._ y ? U m N w iA W C 1 j w C LEE .il N u c c�' u Z� =L .- N 3.2 C �_ ry,� V LLy 4. y N go o.4ct 7•ISL a O Q m c N.y O ID Y awa0:IL00 ZInwoi<< O'C QLL'LV) co(ae C�� c� � mw N < la Y C m V C C U Z 3 v O C � Ur o c� r 10wU 10 !LL N N N 0' W w mStnV� a �f 0 Agenda Information Memo December 16, 1997 Q. 1998 STREET MAINTEANCE JOINT POWERS AGREEMENT ACTION FOR COUNCIL CONSIDERATION: To approve the 1998 Joint Powers Agreement for street maintenance and authorize the Mayor and City Clerk to execute all related documents FACTS: For the past thirteen years (1985) the City of Eagan has participated in a Joint Powers Agreement with the cities of Burnsville, Apple Valley, Lakeville, Rosemount, Savage, Prior Lake and Shakopee to solicit competitive prices for pavement traffic marking, street sweeping, crack sealing and sealcoating into actual services. This consolidation of administrative services and economy of scale competitive bidding has resulted in significant savings to the City of Eagan and resulted in a Certificate of Commendation from the Governor in 1995. A similar JPA is being presented to the Council for their consideration for 1998. It has been reviewed by the Superintendent of Streets/Equipment and found to be in order for favorable consideration. R. PRQJECT 734, TOWN CENTER 100 SIDEW i K ACTION FOR CITY COUNCIL: To authorize a Feasibility Report for Project 734 (Town Center 100 - Sidewalk). FACTS: • City staff has received a request from the Dakota County HRA requesting the City Council to initiate a public improvement process to provide for the extension and completion of the sidewalk system within the Town Center 100 development. • The HRA will be installing a sidewalk along their entire frontage of the proposed senior housing development as a part of their first phase. The enclosed map shows the extent of the existing sidewalkltrailway system, the portion to be completed by the HRA and the location of their requested sidewalks. If this request is approved, staff is recommending that the completion of the sidewalk system along the north side of Town Center Drive west of O'Leary Lane be included as well. ATTACTHMENT: • HRA letter, pages �. • Location map, page.3 6/ SEP -11-97 THU 08:22 AM DAKOTA COUNTY HRA FAX NO. 6124238180 P.02 DAKOTA C (-)UNTY August 21,1997 Tom ]'-.ledges, City Administrator City of Eagan 3830 Pilot Knob Road Eagan MN SS 122 RESIMEWAL.KS FOR SENIOR HouszNG Dear Tom: Housing & Redevelopment Authority 6J?•#_>i,jtw 349&J45ih Si. IM • itowmitnu„ 41N 550ti • TALI). 611-42 3.6l1? • FAX 012-423-61,N We would like to request that the City of Eagan consider the installation of sidewalks along the entire; south side of Town Centre Drive. As part of our proposed senior housing development, the HRA will be installing sidewalks across the entire length of road adjacent to out property. This will allow seniors to safely walk from the senior housing facility toward the retail and commercial facilities to the west. However, the portion of Town Centre Drive adjacent to the Waterford Place apartment facility will not have sidewalks on the south side of the road. We are very concerned abort the safety ramifications of seniors not having sidewalks when traveling cast on Town Centre Drive. It is our experience in other senior facilities that a'significant number of our senior residents are active walkers. Many enjoy this activity on a daily basis. By installing a sidewalk along all of the south side of Town Centro Drive we could open a safe route for walkers who wish to access the terrific trails that run along Lexington Avenue. In researching this issue it is our understanding that this request would be consistent with the draft Road Corridor Trail Plan. Given the legislature reduced tax rates for most multifamily rental property, it might be a less onerous time for the owner's of Waterford Place to afford the necessary assessments that might be needed to fulfill this request. Also, I am sure that their residents would greatly benefit from the installation of additional sidewalks in this area. On behalf of all of us here at the HRA, we would like to thank the city for their outstanding Commitment to providing affordable senior hntLsing in the community. We look forward to beginning the construction in the near future on this facility. We also appreciate your consideration of this request. Sincerely yours, 1 )1) A� a f Mark S. Ulfers Fxecutive Director R-95% "AN EQUAL OPPORTUNITY EMPLOYER" 6a2 6124238180 09-11-97 08:21AM P002 #19 t.; a a AN PRO,�E,vADE W AG 0 YANKEE fDOODLE ROAD ❑ w w a 0a TOWN CENTRE DR, I A V I uj Q Y Q Z W 0 Li a TOWNICFNTRF DRIVF 1 O COUNTY ROAD NO.28 Li a C D-.MA°S/TAC-SEC I5TRAIL5 EXISTING TRAILWAYS/SIDEWALKS s PROPOSED TRAILWAYS/SIDEWALK ( SENIOR HOUSING ) • • • • • • • • • REQUESTED TRAILWAYS/SIDEWALK 63 .. 2E Agenda Information Memo December 16, 1997 0 gal NWO1 ► /► 1 ACTION FOR COUNCIL CONSIDERATION: To receive a petition and authorize the preparation of a Feasibility Report for Project 735 (Wescott Hill Drive - Extension). FACTS • The Minneapolis/St. Paul Archdiocese of the Catholic Church has entered into a purchase agreement for the Faithful Shepherd Catholic School to be located in the northwest corner of Yankee Doodle Road and the extension of Wescott Hills Drive. A Conditional Use Permit for this land use was approved at the September 2 meeting. The church intends to exercise their purchase agreement and complete the acquisition before the end of the year. A condition of that purchase agreement requires the church to pursue the acquisition of public access other than the Eagandale Corporate Center development. In submitting the petition, the applicant has agreed to reimburse the City for all costs incurred if, for some reason, the project is not approved as a result of this public improvement process. ATTACHMENTS: • Petition, page. 65� VECSJ'YED VM PETITION FOR CITY U SONLY Petition No. Date Received — j- R 0 -4 7 Presented to CouncilIZ: G - ' 7 _.That part of the SW Quarter of Section 11, Township 27, LOCATION/SUBDIVISION Ra1--nge �� � hp nIattpa AQ into a anA s, Rlnnlc erandale cooI/We, the undersigned, owners of the lpropertyw,acent tv nkAa „r,r.a,e gnarl (Street) or within the above named Subdivision, hereby petition for: Street Improvements X Sanitary Sewer Water Supply Storm Sewer X Street Lights X Other (Explain) Condemnation of right of way of Rzd eKbatbd narth across Ya ll m Ltalle Rand I/We understand that this petition does not in itself request the installation of these improvements but, rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. I/We understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. If the requested improvements are denied for construction at the time of public hearing, I/We hereby guarantee payment for all costs incurred in the preparation of this feasibility report. 4030 Pitot Knob Rd. /� 1. Faithful Shenherr7 rAthmi ; � c..�,.,.,i �_�__ %. ' � & , Land Owner (Flee) 2. 800 Lone Oak Road Signature I/We hereby waive our rights to the public hearing and request that detail pans and specifications be Prepared simultaneously and also guarantee their respective costs if the project is not awarded. N/A (Signature) (Signature) G: Forms&Lists/FeasdevFm.doc - 5/97 Agenda Information Memo December 16,1997 Eagan City Council Meeting T. CONFIRMATION OF FINDINGS OF FACT CONCLUSIONS AND RESOLUTION OF DENIAL — CITY OF EAGAN ACTION TO BE CONSIDERED: • To approve the findings of fact of the denial of the rezoning request by Walter V. Nelson for Lot 23, Block 2, Wilderness Run 2"d Addition located at 4304 Pilot Knob Road. FACTS: At their regular meeting on December 3, 1997, the City Council denied Water V. Nelson's request to rezone Lot 23, Block 2, Wilderness Run 2nd Addition from R-1, single-family to R-2, duplex. ATTACHMENTS: Findings of fact, conclusions, and resolution of denial on pages through SENT BY: 612 432 3780 12-12-97 : 11:21 : SEVERSON SHELDO` 681 4694:* 2/ 4 BEFORE TRE CITY COUNCIL, CI'T'Y OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Walter Nelson for a Rezoning and two Variances. FLNDINGS OF FACT, CONCLUSIONS AND RESOLUTION On November 25, 1997, following publication of notice to the public, the Advisory Planning Commission of the City of Eagan conducted a public hearing to consider the request of Walter Nelson for a change in zoning from R-1 (single family residential) to R-2 (residential duplex) and a variance to the minimum lot width of 100 feet to 85 feet and a variance to the minimum lot area of 15,000 square feet to 12,058 square feet, all on Lot 23, Block 2, Wilderness Run 2nd Addition, according to the duly recorded plat thereof, Dakota County, Minnesota. The applicant's representative appeared at the public hearing, and spoke in favor of the request. During the public hearing, the Advisory Planning Commission received and considered staff and citizen input, planning reports and other background information following the public hearing the Advisory Planning Commission voted to recommend denial of the requested rezoning and variances. The matter then came before the Eagan City Council at its December 3, 1997, meeting The Council received, considered and discussed the Advisory Planning Commission recommendation, input from staff, the applicant's representative and planning reports, together with all Files, records and prior proceedings. 61 SENT BY: 612 432 3780 12-12-97 ; 11:21 ; SEVERSON SHELDON 681 4694:# 3/ 4 Based upon all the files, records, prior proceedings and input which was presented at the meetings, the Council makes the following Findings of Fact, Conclusions and Resolution: FINDINGS OF FACT 1 _ This matter is properly before the Eagan City Council. 2. The Comprehensive Land Use Guide Plan for this property designates it as D-1 (single family residential, 0-3 units per acre). 3. The existing zoning on this property is R-1 which complies with the Comprehensive Guide Plan. 4_ The requested rezoning to R-2 (residential duplex) is not in conformance with the existing Comprehensive Land Use Guide Plan on the property. 5. Lot 23 takes access on to County Road 32 (Pilot Knob Road). Pilot Knob Road is a County collector street and adding additional traffic from the second residence of the proposed duplex at an uncontrolled access is a safety concern. 6. The applicant has established no hardship for either the variance to the lot width from 100 feet to 85 feet and/or the variance from the minimum lot size from 15,000 square feet to 12,053 square feet. The applicant has only offered that the variances would allow development as a residential duplex. 7. Alternative access may be available through C"-leome Lane. However, all other lots taking access on C,leome Lane are single family lots and thus the character of the neighborhood is single-family residential. 2 6 r SENT BY. 612 432 3?80 12-12-97 : 11:21 : SEVERSON' SHELDON- 681 4694:» 4! 4 8 A rezoning of this property would be spot zoning in so far as it would create a special zoning on this piece of property which is not shared by the adjacent properties. The property has a viable economic use as it exists, The City makes the following Conclusions: CONCLL SIONS i Lot 23, Block 2, Wilderness Run 2nd Addition is a viable use as a single- family residential lot 2_ The applicant's request for a rezoning is not consistent with the existing Comprehensive Land Use Guide Plan. 3. '!'here have been no hardships shown which would justify the variances as requested by the applicant. RESOL U'FI(ON Based on the foregoing, the City Council of the City of Fagan does hereby determine and resolve that the applicant's request for a rezoning and variances is hereby denied hated at Eagan, Minnesota, this 16th day of Decembcr, 1997 CITY OF EAGAN By: Thorns A. Fgan Its: Mayor By: E.J. VanOverbcke Its: City Clerk 3 Agenda Information Memo December 16, 1997 Eagan City Council Meeting U. AGREEMENT — McCARTHY HOUSE Information on this agenda item will be included in Monday's Additional Information packet. Agenda Information Memo December 16, 1997 Eagan City Council Meeting V. TERMINATION OF INTERIM ORDINANCE ON COMMUNICATION TOWERS IN PF ZONES Information on this agenda item will be included in Monday's Additional Information packet. r� Agenda Information Memo December 16, 1997 W GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION ACTION TO BE CONSIDERED: To approve the replacement of the Director of Public Works by the City Engineer as the Eagan Alternate to the Board Members of the Gun Club Lake Watershed Management Organization1998. FACTS: • Currently the Development/Design Engineer is the designated Board Member for the City of Eagan staff on the Watershed Management Organization and the Director of Public Works is the Alternate. Approval of this action would designate the City Engineer as the Alternate. X CONTRACT 96-Y, CENTEX VERMILLION ADDITION ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 96-Y (Centex Vermillion Addition — Street & Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Timberwood Village Addition was constructed at the southwest corner of the intersection of Lone Oak Road and Pilot Knob Road. This development required the installation of sanitary sewer, water main, and storm sewer, which was performed privately by the developer under the terms 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. 7.3 Agenda Information Memo December 16, 1997 ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 96-L (Centex Vermillion 2nd Addition — Street & Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Centex Vermillion 2nd Addition was constructed on the south side of T.H. 13, between Cedar Avenue and Blackhawk Road. This development required the installation of sanitary sewer, water main, and storm sewer, which was performed privately by the developer under the terms and conditions of the development contract agreement. • The 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. ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 96 -GG (Town Centre 70, 19th Addition —Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: Town Centre 70, 19th Addition provided for the Town Centre Car Wash, which was constructed on the west side of Denmark Avenue, south of Town Centre Drive. This development required the installation of storm sewer, which was performed privately by the developer under the terms and conditions of the development contract agreement. The 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. �y Agenda Information Memo December 16, 1997 AA CONTRACT 96-07, HAYES & DELOSH ADDN —STORM SEV4'ER ACTION TO BE CONSIDERED: Approve the final payment for Contract 96-07 (Hayes & DeLosh Additions —Storm Sewer) in the amount of $13,887.94 to G.L. Contracting, Inc., and accept the improvement for perpetual City maintenance subject to warranty provisions. FACTS: Contract 97-06 provided for the construction of storm sewer improvements through the existing drainage ravines within the Hayes & DeLosh Additions. On November 21, 1995, the City Council closed the public hearing and approved 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. �s Agenda Information Memo December 16, 1997 Eagan City Council Meeting BB. REFUSE HAULER LICENSE. CLEAN SWEEP, INC. FOR CONSTRUCTION/DEMOLITION DEBRIS ACTION TO BE CONSIDERED: To approve a construction/demolition debris hauler license for service provided for 1997. FACTS: +► Staff is in receipt of an application for the license noted above. The purpose of this application is to permit Clean Sweep to continue to operate in this manner in 1997. A separate application will be necessary for 1998. ATTACHMENTS: ♦ Application enclosed without page number. 76 Agenda Information Memo December 16, 1997 Eagan City Council Meeting A. PUBLIC HEARINGS BUILDING MOVE PERNIIT — JIM SIMONET ACTION TO BE CONSIDERED: To approve a building move permit to relocate a 43' x 27' two-story house and a 24' x 28' detached garage from 3555 Highway 149 to 3432 Highway 55. FACTS: W The proposed parcel is unimproved and unplatted. • The house is a two-story brick structure and according to the applicant % as built in approximately- 1904, A site inspection by the Protective Inspections Division revealed that the house and garage are both structurally sound; however, the house will need some modifications to meet the Uniform Building Code standards. • Parcels on the north and south sides of the proposed site contain walkout style ramblers with accessory buildings. BACKGROUND/ATTACHMENTS: (1) Location ' lap, page ,%1 4m 4 .n q �c ae��..T� S % q — 9.:2 � Location Map Jim Simonet 3432 Hwy 55 Building Move Permit City of Eagan Community Development Department m N "+E PLANNING REPORT CITY OF EAGAN REPORT DATE: DECEMBER 5,1997 APPLICANT: JIM SIMONET PROPERTY OWNER: JIM SIMONET REQUEST: BUILDING MOVE PERMIT HEARING DATE: DECEMBER 16,1997 PREPARED BY: DALE SCHOEPPNER LOCATION: 3432 HIGHWAY 55 (10-01200-080-02) COMPREHENSIVE PLAN: RURAL RESIDENTIAL ZONING: AGRICULTURAL SUMMARY OF REQUEST Mr. Simonet is requesting a building move permit to relocate a 43' x 27' two-story house and a 24' x 28' garage from 3555 Highway 149 to 3432 Highway 55. AUTHORITY FOR REVIEW City Code Chapter 4, Section 4. 10, gives the Protective Inspections Division authority to issue permits to move a building out of the City and authorizes the City Council to issue a permit to move a building to a location within the City. City Code, Chapter 4, Section 4. 10, Subd. 13 states that a moving permit shall be denied for any one of the following: A. The applicant has not complied with any requirement of this section. B. Moving the building would endanger persons or property in the City. C. The building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it would constitute a danger to persons or property in the City. D. The building is structurally unsafe or unfit for the purpose for which it is moved. E. The equipment for moving is unsafe and persons and property would be endangered by its use. V'A F. The building or its use would not be in compliance with zoning, building codes or other provisions of the City Code G. If the building to be moved is in substantial variance with either the established or the expected pattern of building development within the neighborhood to which the building is to be moved. Comparative age, bulk, architectural style and quality of construction of both the building to be moved and the other buildings in the neighborhood shall be considered in determining whether a building is in substantial variance. If the building to be moved is more than ten years older than the oldest building situated on lands abutting the land to which the building is to be moved, such fact shall be evidence that the building to be moved is in substantial variance. EXISTING CONDITIONS The subject site is an unplatted 4.7 acre parcel (P.I.D. #10-01200-080-02) and does not have any structures on it. EVALUATION OF REQUEST Mr. Simonet is requesting that a moving permit be issued for the purposes of relocating a house and detached garage from 3555 Highway 149 to 3432 Highway 55. The proposed placement of the house and garage meet City code setback requirements. A representative of the Protective Inspections Division has conducted a site inspection of the house and garage. Subsequent to the inspection, the applicant has been informed that the Uniform Building Code requires moved buildings to be upgraded to current standards. The house will need new egress windows in the main bedrooms and one in the basement. New hard -wired smoke detectors must also be installed. Both the house and garage appear to be structurally stable. Parcels to the west and east are vacant while parcels to the north and south contain walkout rambler style homes and accessory buildings. AIRPORT 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 northern Eagan place the subject property within Noise Zone IV. Within this area, infill single family residential development would be conditional. While the proposal to move a home is different from typical development, it does place a residential use in a higher noise impact area than at its current location and the Council may treat it similarly. To be approve such development in this area, the City Council would need to make acceptable findings concerning the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3. Frequency of exposure of proposed uses to aircraft overflight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on -ground operating and maintenance areas. 5. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. 6. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. 7. Extent to which community restricts the building from having facilities for outdoor activities associated with the use. 8. Distance of proposed use from existing or proposed runways, parallel taxiways or engine run-up areas. With respect to the factual aspects of the findings, the property lies approximately 4.5 miles southeast of the primary runways at the airport. On an annual average, approximately half of all arrivals and departures use these runways to and from the southeast. At current traffic levels, this equals approximately 300,000 operations annually. Because of the relationship of the property to the current departure and arrival procedures and the runway centerlines, a significant portion of the departures and arrivals will track over or near the property. The property is approximately 5 miles from the engine maintenance and run up area. While the Stage III airline fleet, federally mandated by the year 2000, will create less noise per operation than the current fleet, the future net affect of such reductions is not certain. As such, regional policy requires that cities take current noise levels into account until such time as reductions in actual noise result in a reduction of the policy contours. Architectural designs and construction methods for new construction within this area would be required to meet sound attenuation standards. In particular, the building plans, materials and construction would need to be such that they would 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. Sound attenuation in existing structures may not achieve the same levels as can be achieved with new construction. Therefore, the applicant would benefit by applying at least the 5 dBA level of attenuation targeted by the Metropolitan Airports Commission's Part 150 Program. It is advisable that the applicant attempt to exceed this level to the extent that it is feasible. @5 SUMMARY/CONCLUSION Mr. Simonet is requesting a permit to move a 43'x 27' two-story house and a 24'x 28' detached garage from 3555 Highway 149 to 3432 Highway 55. ACTION TO BE CONSIDERED To approve/deny a building move permit to move a house and garage from 3555 Highway 149 to 3432 Highway 55 subject to the following: 1. A building permit for the foundation and interior improvements would be applied for and issued prior to construction. 2. The house is modified to be consistent with the current building code. 3. The applicant performs sound attenuation improvements to the building to achieve an inside noise level reduction of at least an additional 5dBA. f� Agenda Information Memo December 16, 1997 B. PROJECT 687, BISCAYNE AVENUE ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for Project 687 (Biscayne Avenue) and authorize its certification to Dakota County for collection. FACTS: • Project 687 provided for the installation of street and utility improvements along Biscayne Avenue within the Hailey's Addition located between Red Pine Lane and Gun Club Road. This project was originally approved as a result of a public hearing held on April 16, 1996 • The final assessment roll was presented to the City Council on November 3, 1997, with a public hearing scheduled for December 16 to formally present the final costs associated with this public improvement to the affected benefiting properties. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an information sheet was mailed with the notices to present the final costs to the property owners and provide any additional information of interest to the property owners. • Staff met with some of the property owners at an informational meeting December 4, 1997, to discuss the proposed assessments and address any concerns regarding the improvement. ISSUES: As of the writing of this report, staff has received assessment objections from five of the affected property owners. ATTACHMENTS: • Final Assessment Roll, enclosed without page number. • Objections to Assessments, pages _ through 99 . • Neighborhood information sheet and map, pages though � Q • y� City of Eagan 3830 Pilot Knob Road Eagan. Mn. 55122 Date: Regarding: Legal Discri tion- Mailing Address- Tax-Parcel- ddress-TaxParcel- J 3 1 �'G a b o o This letter is a formal objection to: City Project: Numbered- $7k , Discri tion- I Lareby object to these assessments. The property value (special benfit) diw t i:.,rease by an amount sufficent to warrgn t the assessment. 8 0 John J. Youn 15275 Hudson Ave. Lakeville Mn. 55044 City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55122 Date: Nov. 19 1997 Regarding: Regarding: Legal_ Discription- Lot 3, Block 2 Halley's 1st Addition Mailin2 Address- 4870 Bisc ne Ave., Eagan, Mn. Tax Parcel- 10-31800-030-02 This letter is a formai objection to: City Project: Numbered- 687 R , Discription- BiscayneAve., Street & Utility Improvements I hereby object to these assessments. The property value (special benfit) didn't increase by an amount sufficent to warrant the assessments. By F:il� im WILLMAI G. SCHILTZ 4860 BISCAYNE AVENUE EAGAN, MN 55123 PHONE: (612)423-6401 FAX: (612)423-3990 November 21, 1997 City of Eagan Attn: E. J. Vanoverbeke, City Clerk 3830 Pilot Knob Road Eagan, MN 55122 RE: Project #10687R '.\''dp BOJ This letter will serve as formal notice of our objection to, and of our intention to appeal the special assessment for project #10687R levied against the following property #10-31800-040-02 owned by William G. Schiltz. Sincerely, William G. Schiltz n0i at V �TaN U. 'k Cawl a a .1 r . 572z-? City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55122 Date: 1241.Iql Regarding: Legal Discriotion- Mailin Address - Tax Parcel- Ak This letter is a formal objection to: City Project: Numbered-6ZKI Discri_tion, JWeep' An VA/I& �,,pN✓��c,Y} I hereby object to these assessments. The property value (special benfit) didn't increase by an amount sufficent to warrant the assessment. n A 8y /l Wood Machine Inc. 4881 Biscayne Ave Eagan, MN 55123 24 November 97 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Attn: E J Vanoverbeke Re: Project #687R Rzp�l -� jL,( � `` a (0 V' � �-- ck�1 This letter is a formal objection to the asseasments that were levied against the following property: Wood Machine Inc. 4881 Biscayne Ave Eagan, MN 55123 Lot 2, Block 1, Halley's 1 st Addition We object to the assessment because the property value did not increase enough to justify the amount assessed. Sincerely, Gary E Wood 4 -�" "7 4)J Ted A Wood 5 PwAlMom PROJECT 6878 BISCAYNE AVENUE STREET & UTILITY IMPROVEMENTS Pr_ ocess May '95 Street & utility improvements proposed to maintain industrial • $52.33 per F.F. zoning in accordance to City of Eagan's development standards June 20, `95 Council reviews draft Feasibility Report • September 5, '95 Council orders revision of Feasibility Report March 5, `96 Informational neighborhood meeting held • April 16, `96 Council holds public hearing and orders project to proceed August/September `96 Contract awarded/Construction begins June '97 Construction completed December 4, '97 Informational neighborhood meeting to review project and costs * December 16, '97 Final assessment public hearing • January 16, '98 Unpaid assessment balances certified to Dakota County May 15, 1999 to installment payment due with real estate property taxes Costs • $51.91 per F.F. Final assessable cost (Sanitary Sewer/Water Main Laterals) • $52.33 per F.F. Original Feasibility Report estimate (San Sewer/Water) • $1,736.36 per SVC Final assessable cost (6 -inch sanitary & 6 -inch water svc) • $2,912 per SVC Original Feasibility Report estimate (San & water service) • $0.28 per Sq. Ft. Final assessable cost (Storm Sewer Lateral) $0.19 per Sq. Ft. Original Feasibility Report estimate (Storm Sewer Lateral) • $79.48 per F.F. Final assessable cost (Street Surfacing) • $70.55 per F.F. Original Feasibility Report estimate (Street Surfacing) • $42.00 per Sq. Yd. Final assessable cost (Concrete Driveway Apron) • $8.42 per Sq. Yd. Original Feasibility Report estimate (Asphalt Driveway) • $290,476.97 • $286,488.30 (98.60/6) • $3,988.67 (1.41%) Financing of Special Assessments Total project cost Assessed to property owners Financed by the City of Eagan • 30 -day prepayment option with no interest available from December 16,`97 to January 16,`98 • Any unpaid balance as of January 16, 1998, will include interest pro -rated from December 16, 1997 at the rate of 70/a/year (including all of 1998) • Any unpaid balance is certified to county to be collected with property taxes over 10 years * Interest rate is 7.0% calculated on any remaining unpaid balance at the end of each year • Assuming no prepayment, annual cost: (Assumed 156 F.F. on a 38,415 Sq. Ft. Lot with 125 Sq. Yd. Driveway — Typical Lot Size) • $738.93 per month 1 't year / $495.83 per month 2nd year • $325.49 per month I& year Soh E%ernent°ry vuiv Laud HUAD ASSESSMENT LEGEND Sewer Lateral 0 0.2757/ City of Eagan Agenda Information Memo December 16, 1997 C. PROJECT 725, OAK CHASE ADDITION - STREET IMPROVEMENTS ACTION TO BE CONSIDERED: To close the public hearing and approve/deny Project 725 (Oak Chase Addition -Street Improvements). FACTS • Representatives of the Oak Chase neighborhood, including Councilmember Blomquist, held a meeting with City staff on August 21, 1997, to discuss the history, current condition and options for street improvements within their neighborhood. The resurfacing of the streets within the Oak Chase Additions is programmed for 1998 in the 1997-2001 5 -Year CIP. • A feasibility report was presented to the City Council on November 18, for their acceptance and a public hearing was scheduled for December 16, to formally present and discuss the merits of this project. • An informational meeting was held with the neighborhood on December 9, to present a summary of the feasibility report and to address any questions from the residents. A follow- up letter and minutes of the meeting were sent to the residents prior to the public hearing. ATTACHMENTS: • Informational Meeting Minutes, pages through Al. • Feasibility Report, enclosed without page number. 9/ CITY PROJECT 725 OAK CHASE ADDITIONS INFORMATIONAL NEIGHBORHOOD MEETING TUESDAY, DECEMBER 9. 1997 7:00 P.M. COMMUNITY ROOM Attendance: Russ Matthys, Tom Colbert, John Gorder - City of Eagan; Sharon Hills — City Attorney's Office. Approximately 37 people (see attached sign -in sheet). A. Welcome and Introduction • City Engineer Matthys welcomed the residents and introduced staff personnel. B. Street Improvement Review + City Engineer Matthys reviewed the executive summary provided to those in attendance. - Introduction/History - Scope - Discussion of proposed improvements - Estimated costs - Assessments — Financing options • Summary by City Engineer Matthys. City staff is here to get feedback to the City Council. C. Questions/Comments I. Will the street curb elevations be changed? No. The damaged curbs will be replaced in some areas but will be placed back at essentially the same elevation. 2. Are streetlights included as part of this project? No, but streetlights can be considered as a separate project if the neighborhood desires via petition. 3. Why am I being billed for residential streetlights if there are none in the subdivision? Homeowners should not be billed for residential streetlights if there are none on their street. Staff will investigate further with the City Utility Billing Department. Note: Research into this question subsequent to the meeting indicated the lsc, 2nd and 3Td Additions do not have streetlights but are being billed for community lighting and not residential lighting in accordance with City policy. The Oak Chase Additions (4'h, 5"', 6t') who do have streetlights within the subdivisions are billed for residential lighting as well as community lighting, also in accordance with City policy. 4. Why is a portion of Oak Chase Way adjacent to the Oak Chase 6`h Addition included for consideration when it was constructed in 1984 — only 13 years ago? The platting of the Oak Chase 5th Addition in 1978 dedicated a street easement for this portion of Oak Chase Way. Given that, together with the appearance of a distinct joint separating this section of street from the remainder of the street south of Lot 3, Block 2, Oak Chase 6th, it was assumed that the street was constructed with the Oak Chase 50' Addition in 1978 and, therefore, was considered for reconstruction. Note: Subsequent research indicates that the street portion in question was constructed in 1984 and should be deleted from the project and adjacent properties deleted from the preliminary assessment roll. This section of street is included in the proposed 1998- 2002 CIP for an overlay in 2002. 5. What is the standard life expectancy of bituminous streets if the curb and gutter life expectancy is 100 years as mentioned previously? For a street constructed in 1998, the pavement life expectancy can be extended to about 60 years with today's construction standards and pavement maintenance programs implemented recently by the City. 6. What is the cost of a full street reconstruction as is being considered versus a bituminous overlay as was mentioned to the neighborhood at a previous meeting? Staff did not have that information readily available for the meeting. It should be noted that bituminous overlay would not be appropriate for these streets, given their present condition and street section deficiencies. Note: Subsequent research indicates that the cost of a bituminous structural overlay is approximately 1/3 to '/x the cost of a full bituminous street reconstruction. 7. Why is the proposed assessment more than the proposed assessment for the Country Home Heights Addition street project when they need a full upgrade from gravel streets to bituminous and curb and gutter, and we just need bituminous reconstruction? Per the City's Assessment Policy, properties in the Country Home Heights Addition would be assessed 100% of the cost of the construction of the street, concrete curb and gutter, and storm sewer estimated to be approximately $12,000 per lot. The appraisals for the derived benefit from the proposed improvement are $4,000. The assessments typically would be capped at the appraised benefit amount of $4,000. City staff does not know the details of the appraisal process that determines the derived benefit amounts. 8. A resident questioned how the City could have appraisal information for this meeting when the appraiser visited his property just the morning of the meeting? Preliminary appraisal information was made available to the City and used in the information provided to the residents. The appraiser is still conducting formal appraisals, which include property visits. The formal appraisals may adjust the derived benefit amount. f-3 9. Several residents raised questions regarding the availability of the appraisal information. The detailed appraisal information is not available to the public because it is information that is prepared for the City by an independent appraiser selected by the City Attorney's Office in the event an assessment is appealed, and is considered by the City Attorney to be privileged information between the City Attorney's Office and the City. 10. Several residents questioned how the appraised derived benefit is equal to the proposed assessment? City staff does not know how the appraisals are conducted or completed. I1. If there is a benefit to having an improved street in front of my house, is there also a detriment to having a street in poor condition in front of my house? Staff is not aware of a means in which to determine a loss of value with regards to a street in substandard condition. 12. Will there be a bond issue for this project alone or will it be combined with other projects scheduled for next year? There are other projects proposed for next year, but this project would likely be handled under a separate bond issue. Regardless, the bond interest rate is based upon the City's bond rating and not dependent upon the estimated cost of the project. 13. How was Assessment Policy set? It was set by the City Council in 1990. 14. Since the project costs as shown on the handout are variable, do you take competitive bids? Yes. Competitive bids are taken on all public projects in accordance with State Statutes. With rare exception, the lowest bid is accepted to order the project constructed. 15. Are the residents getting "double -dipped" for the 30% indirect costs (administration, legal, engineering) if we already pay your salary through our taxes? Staff time is charged to the projects on which they are working including administration, legal, and engineering duties. Staff salaries are also paid through a variety of sources such as building permit fees, developer escrows, etc. Property owner taxes are a supplementary source of revenue for staff salaries but not the only one. 16. One resident stated that the streets have only been sealcoated once. City maintenance records indicate that the streets have been sealcoated twice since their original construction within acceptable time frames. See the attached copies of the maintenance records. 3 y 17. Did not the City have the responsibility to make sure that the streets were built properly at the time of their construction, since they accepted them for maintenance? Work on Oak Chase Road was started by the developer in 1970 before Eagan was incorporated. It appears that the street was constructed in four sections during 1973 while Eagan was a village, and Oak Chase Way and Oak Chase Lane were constructed after the City was incorporated on January 1, 1974. The aforementioned streets in Oak Chase Additions were privately constructed by the developer and were not constructed as public projects by the City and its consulting engineers. Oak Chase Road and Lane (Oak Chase I" & 2"d Additions) were accepted for maintenance by the City on December 10, 1974. The cost of the street construction was funded by the developer who, in turn, was reimbursed by the sales to the original homeowners. The City did not have a development agreement with the developer due to the development beginning prior to the existence of the City. The streets could have been designated as private streets with the maintenance being the responsibility of the property owners due to the lack of an agreement between the developer and the City. The City Council chose to accept the maintenance of these streets and in doing so dedicate them as public streets. The act of accepting the streets for maintenance purposes did not acknowledge any constructed design criteria other than a paved surface. 18. Why would Oak Chase Way south of Oak Chase Lane be in poor condition even though it was constructed in 1984 when there were more stringent minimum standards for construction in place? Some possible reasons for the rapid deterioration of a section of street include: poor subgrade beneath the street section, poor weather conditions at time of construction, inadequate compaction, groundwater close to the street surface, excessive loads during subdivision development and home construction. 19. When was it determined that maintenance such as sealcoating and cracksealing was no longer feasible? It was determined in 1993 at the time of a scheduled sealcoating. 20. What is a breakdown of the 30% indirect costs added to the project costs? The 30% indirect costs included in the cost estimates for the proposed improvement are estimates of the anticipated project costs that are in addition to the construction costs. The breakdown was estimated as follows: 18% Engineering 4% Administration 1.25% Legal 5% Interest 0.5% Bonding 0.5% County Records 0.75% Contingency 4S 21. Will the street improvements raise the valuation amount determined by the County assessor? According to conversations with the lead County Assessor, County appraisals are not affected by the condition of the street adjacent to a property. The County appraisals are conducted in a different context than the project appraisals solicited by the City. The meeting with City staff adjourned at 9:15 p.m. Minutes Prepared By John Gorder Attachments: Sign -in sheet Location Map of Attendees Maintenance Records &./JJ/JG/NGscmrOen725-throw INFORMATIONAL MEETING PROJECT 725 OAK CHASE ADDITIONS TUESDAY, DECEMBER 9,1997,7:00 P.M. NAME Lf, + 1 3. 4. e �, 5. KE v5 Nr+� 6.y�� �7.r'/ 9• -10. ,15. ADDRESS qqq o � `.5-f o 0,4Af Gkr.rt wA 0,4-& CIIA A/WE- i��� 71A is 91 16. / C.uX r 17. Z44-, -,- (:L- �- -18.�Z�air Z7, VVI VOO e-je,"l 0,Weo Zf-Ci/Al 20. L Lei H:FORMS/Sign-Inf1J q l(s-s- ov-�- Co-, 9� NAME 24. 25. • 26. -27. -28. W -j 3 T. lIll 29. -31.��o� -32. 33. 34. 35. 36. 37. 38. 39. 40. YF ADDRESS ,qs �� y 7 -1 ewwle XV -</s1w �.9�YC/i�4sP /liay A,A-ha 4=>F4,�,..►a v� L-js'76 oq/c c4l�je 2 � �f5 (0'7 IJoF.�2.. c�+.a.� fid• �QIC iiiase H: PROJECTS/725NBMTG 12-11-97 3m G THE 1//,/ NEIGHBORHOOD MEETING OAK CHASE 1st -6th ADDITIONS STREET RECONSTRUCTION City of Eaaan 00 PROJECT 725 7_7 LU Fai -j C. -01 R f �j /06 lct FR 2 - OIL At S+r e e --k- c L,% it Dt. L e st o Lo'd P4 ru to, k tj S k Lm, i tu Yoko C_( -t6u_ 6,e 9/-// , / f It Sta Pea,su re d 6 Q Yo. 1S�lLLo La, 365'0 fho � 4re r *,j t 66 48 va 8,17 C> 7j ecxo a -Lao L(,Vct CD flop,; ,3700}'t SS1 -1 ?-,z (. i8 x 3 7- I't; I I c 31 Zoe 9 56 x ac, -t, Z) so IY52 r7 zxz 0S2 { �Z. x3a,s} ys�-rT {7 9d S7- 1-290 690 y a 15 Sb Z7 O 9 2, 7,Y2. 0 I i') 420-10 LA 12390.. 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VARIANCE — CITY OF EAGAN ACTION TO BE CONSIDERED: • To approve or deny a Variance of twenty-six feet for the building setback from the west property line for the proposed fire administration building to be located at 379.5 Pilot Knob Road. FACTS. • The existing fire administration building, which will be razed in preparation for the new development, is substandard in building and parking setbacks from Pilot Knob Road. The new building will bring building and parking setbacks more in line with current code standards. To get a reasonable use out of the odd -shaped parcel, the fire administration building is proposed to be two stories, which requires a setback of fifty feet from the west property line. • Although the existing building is twenty-eight feet from the west property line and the new building would be located twenty-four feet from the west property line, the architect has taken into account the future residential use of the property to the west and has provided that the area between the new building and the west property line will be developed as an unpaved buffer area that will provide landscaping and screening. ATTACHMENTS: Staff report dated November 4, 1997 on pages through r 10-3 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 4, 1997 APPLICANT: City of Eagan PROPERTY OWNER: City of Eagan REQUEST: Variance LOCATION: 3795 Pilot Knob Road COMPREHENSIVE PLAN: Public Facility (PF) ZONING: Public Facility (P) SUMMARY OF REQUEST CASE: 16-V-18-11-97 HEARING DATE: Nov. 18, 1997 PREPARED BY: Michael Ridley On behalf of the City of Eagan, BKPV Architects is requesting a 26' building setback Variance in association with the development of the new Fire Administration Building to be located at the northwest intersection of Wescott and Pilot Knob Roads at 3795 Pilot Knob Road in the SE '/4 of Section 16. 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. 3. That granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. !05' Planning Report — Variance December 18, 1997 Page 2 CODE RE UIREMENTS In the Public Facilities (P) Zoning District, building setbacks are determined by adding two feet of setback for each one foot of building height; however, the minimum setback allowed is 30' while the maximum is 50'. Parking and drive aisle setbacks are required to be 20' off of public right-of-way and five feet off of common lot lines. BACKGROUNDMISTORY The existing Fire Administration building was built in the early 1960's and was used as City Hall offices until the early 1980's. Since that time the building has been used for Fire Administration and training. EXISTING CONDITIONS The site in question is long from north to south but has little depth from east to west and contains a single level `L' shaped building. The existing building, at its nearest point is only setback ten feet off of the Pilot Knob Road right-of-way and 28' from the west property line. Existing parking setbacks are seven feet from Pilot Knob Road and 27' from the west property line. EVALUATION OF REQUEST The proposed building will more efficiently use this odd shaped property. The new building is proposed to be a two-level structure of 11,500 SF plus a basement area of approximately 5,000 SF. The new facility will house the same functions as the current facility and include fire administration, ambulance service, and training room. The proposed site plan indicates 62 parking stalls to accommodate group training sessions and public meetings. In comparison to the existing building, the proposed structure will actually provide building and parking setbacks that more closely reflect City standards than the existing building does. The only exception is the building setback off of the west property line. The new building will be four feet closer to the west property line than the existing building; however, the proposed site layout shifts all of the parking to the east side of the building and provides for 24' of green space between the new building and the west property line. City Code allows parking and drive aisle setbacks of only five feet but the architect has acknowledged the residential use to the west and limited parking/drive aisle activity to the east side of the building. /oS Planning Report — Variance December 18, 1997 Page 3 APPLICANT'S ESTIMATE OF HARDSHIP The hardship stated in this case is the unique shape of the parcel of land and the need to maximize the efficiency of resources. The physical limitations of the site dictate a multi-level structure which, in turn, results in setback issues. SUMMARY/CONCLUSION The architect has designed a development plan that not only fits an odd shaped parcel but also minimizes the functional impact to the adjoining future residential use to the west. In addition, the building and parking setbacks are increased in most cases from those that exist today with the new design of the Fire Administration facility. ACTION TO BE CONSIDERED To approve or deny a 26' building setback Variance for the future Fire Administration Building to be located at 3795 Pilot Knob Road. /06 •:W1M���■l'1�:1� 116 r i -�-' S8 3' 0 x ,� \214.50x I 'Ira +n GRAVEL su 63.00 1 1. 50,' 4K x Wv .a+ tvPr s x R�1 TY 9 iE1N all •� I-�, yo y`�; �0� T� -i-mm III: mmx e Irp" r o o� ELEVATION Y x �� 7a o e tF+ x th • Ir ww 4r n fe +r n R O Ike raw r wx (*4 Sc IER O r•rt � vlloe sIIK w x � o( /ER CLEANOUT0. N cram ® VSFORMER F � ar � W i a or Ct T+ i0 11 � th )X ;IIi SILT FENCE rte` ON ae S+ RAMP we pts tT# ?Etc PARKING SIGN R CONCRETE t0 • Al )X ar 0.9 CAS n aoa 81 I� 0.17 m.+ Wp � w /ER S r2 34.0 OR ELEC o ELECTRIC < OVERRAN d l 260 ANHOLE i ��) + Blfl 5 G 1 (i .) n• 34 � it W x 0.02 v O 3 We S a aro GMT (TYPJ a 1e a If— jRNfVER ANC y 0. IN 2., (D At-j 'Ad 0.07 x W t7 01.0 14.6 Z 2.66 +j ^ ENS PILOT KKNNOOS ROAD¢ 0 9 F x 3. 1J q IF N dv iV0.4 w 4. 36.0166 Ic )0 « x 12' ST S as CONCRETE ++ae 3' 1110E w aat x �� x air e CRATE �� Ic V y fir• x W N to asr nn B I T U M I N O U S 46 �1 RMO p x nmx x t0 0 ? E O lI (�) N 'x or alr. a x a 2.) T Ira mv.am 0 SOUTH UNE OF SE E 1/4 OF SEG 16 sITu 4 1 0 u s lex Ic w 21430 x SE CORNER OF — – SEG 16. ALSO aoa 60 (6 NE CORNER OF TH _ x 'Fy I SEG 21 OF HE 114 OF SEG 21f . x I x 1 xw 1 I I x x x w I x a I T U M 1 N 0 U 1 " x oaa GONI�I �pNS IC I x no4~ 8' � /O - _ I F W W _ U x xx � �. W��K BITUMINOUS IrIC .' S. ` x pt ; I d O N Q o a iia Worth aa..d •tra.l • YluaaUalt.. ■lasobot• i� FIRE ADMINISTRATION BUILDING EAGAK M24CSOTA a start - .ss sta-ass-sacs rut• spa-aa■-saaa �+�! or+dtlr SITE PLAN e.■rrtr rrr.� sa r• r.r. � r� r �. r �. •rec wr ��, _ rw,tasaf �ira�wArr•w�.ta1 �rw.r�a,rtta.ra m ■M1■1 1 • ts� 1 AI1:MM1■1■ P F I ti T E P. l i �� E l ti ti c i 1- I �. T E ti "0.t0 sssssd Street • ■Isssssslls. sllsssssls 05401 • is FAA" aimm n R% ADMDUSMMON et s wrre ij IJp s �>f ■RI■1 i�jiWIN �i� ... � n����� FII �I - ��wla � 1 `II !I� tf1�E � ■l i i II ���� P F I ti T E P. l i �� E l ti ti c i 1- I �. T E ti "0.t0 sssssd Street • ■Isssssslls. sllsssssls 05401 • is FAA" aimm n R% ADMDUSMMON et s wrre ire 22ew22:erth 's eeeond fere.t -nrvea pall., {{In n.. eta BYln G , f.e e11-229-6111 fhene %-Inx Tim eiCr"1 e12 -51e-7912 feRr Amore InchC - been Aldlleb ,,,,,,,,,,,� Dakota Bank Inver Grove Heights, ANN Landscape Plan -:.: Agenda Information Item December 16,1997 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. • Council action on the Preliminary Subdivision was continued at the December P City Council meeting. ISSUES: • Lundgren Brothers, per the December 3rd City Council meeting, have submitted a revised Preliminary Subdivision and Development Plan. The plans indicate a revised park boundary. (See attached letter from Terry Forbord). 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: Preliminary Subdivision - page. Preliminary Development Plan - page- . Letter from Terry Forbord - pages - 1 r Letter from Doris Walker Najafzadeh -page u p Z I liil iic xjmx ixl niWl ivrlr �` 7`Vy�fff� 3' uu 1•S �y F [ n � WO FpD I BB'0�6 1 fN.►ZZZu69S - "Li r ` W�i u� ' .1 —'_ ww'n 4aarcas $ L " b ^�p 1 1 .1 i>UUNNxI-- fl «Q Z JIB ' .• •, _�dA. _... .... g ... . .� +r � mm��i�ImY�gu m N�ccSYi l.gn iIL I c N INS N A 0466y'f 4IL CJ i t- 1-1 N .1 _ • W `.e A 7M,Z,ZZe6B5 _W W s (!7 E'• F- Y UJ x ILa6 L� 1�J�1H�1 <W�V~IW 40lZVWW and �V AN bK •�� 1� pYjCn f� N Wwi N�j au�vllpFffa//d g wi _O Orifi wwOf AW v �2f1<JV2WLLai� W I I i u p Z I liil iic xjmx ixl niWl ivrlr �` 7`Vy�fff� 3' uu 1•S �y F [ n � WO FpD I BB'0�6 1 fN.►ZZZu69S - "Li r ` W�i u� ' .1 —'_ ww'n 4aarcas $ L " b ^�p N N ,� I -.0 ' •-R rF !�' R i>UUNNxI-- fl «Q Z JIB ' .• •, _�dA. _... .... g ... . .� +r � mm��i�ImY�gu m N�ccSYi l.gn iIL Vi$ Q N INS SO 0466y'f 4IL �' 1-1 N .1 _ • W `.e ail ..__.. p.-. a 7M,Z,ZZe6B5 _W r -yn r- K K W w uv OOm� <«) Ur ZZ Z2 E'• ?DO /ill W��OJZ�No"INQ }. 11ii^' 1�J�1H�1 <W�V~IW 40lZVWW �V AN bK •�� 1� pYjCn f� Wwi N�j au�vllpFffa//d g wi _O Orifi wwOf AW v �2f1<JV2WLLai� W i so Be! it k ap <w b ZU LJ R Nhl m bi _ m m n m n _ 1 = v CC of CD �p9S i 4 ZCna Z Z 1[ s C— �*j DES, IX' - d __. - m z L- 1 as 33m) zr •o,: 'ti:•s':; w- i7 13.11/Y; x :IK a Y i nlwroin`iv]wmr°w n ��SS � mx Sia w So 3+r1 xllcx villi lli -- IYV111VyY iv ;:i ii f li vi"{ R. Ilii u xiuni �� Y 1AlxYro IMILLmN ]Il !n [ n.X Sia )u ao Inlil]] +z]Ilwlcx _J L..1,I J _ I' S+1 RW WAY a f ` E 1' nnn cr r, o w I1rr{-J ^.11`Cii = cn MW J TR - - \`-3NV'1 J-.I , �•` Fd- Cf)0.m w c w Q C7) - Li ECDF- •`-, I I I �Tf & I J � ani§ ��. � � ` //��\ •�'� ii i I I' Ilia' i'i �, IR - i I I rz 02 Z. in snavNnia I x - u � p pp y5yi -- _ e tUa ��ii�r a oN �r .— -- — - -- — n. 1Rour Nei�borlwod Builder December 10, 1997 Honorable Mayor and Members of the City Council City of Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Brown Property ("Pinetree Pass'j additional revisions to the "active park" area included in the Preliminary Plat application. Rezoning of approximately 57.36 acres to R-1 and approximately 15.30 acres to Public Park. 127 lots. Dear Mayor and Members of the City Council: Thank you for accepting my request for a continuance of this matter to the December 16, 1997 city council meeting. We would like you each to know that Lundgren Bros. is very committed to providing the city of Eagan with a quality neighborhood community Phone 612.47that will serve the existingd futitill. At the timed Fax 612.473.7440101 anfuture citizenry wee same we neeto try and ensure its financial success. We sincerely hope we can receive your support for 935 East Wayzata Boulevard this latest revision. Wayzata, Minnesota 55391 We continue to be very concerned about the economic feasibility of this proposal. We Builder License No. OW1413 do not think it to be prudent for us to seek an approval from the city for a plan that ultimately will not be built. To sacrifice everyone's time obtaining an approval for something that we cannot live with would be senseless. So we have spent a considerable amount of time coming up with another revision to the park plan. We think it results in a far better overall design and we hope you agree. You may recall, in my presentation to the city council at the December 3, 1997 meeting I said that compared to the proposed plan, the alternate that depicted a cul de sac in the northeast portion of the Brown property was not economically feasible for Lundgren Bros. This is due primarily to a couple of factors. First, the northern cul de sac option sacrifices a many good lots and increases the number of poor quality lots by at least three. In order to sell these lots along Cliff Road each lot will need to be sold at a loss. We expect each lot will lose approximately $20,000. So adding three more Cliff Road lots equals a $60,000 loss. It also will likely result in lower priced homes being built on those lots. This affects the ability of selling the lots across the street from them. Second, the estimated additional construction cost of building the cul de sac would be approximately $83,000. The total of these two items equals $143,000 additional cost. Thirdly, having a design that has so much street frontage (about 800 ft.) along the park, decreases the efficiency of distributing the cost of putting in the street, utilities, etc. among the lots. It's difficult at this time to assign a cost to this. Today we received clarification that it is not a requirement for Lundgren Bros. to grade the active park area, so this item is not listed. \\FSI\SYS\USER\SHARE\LAND\EAGAN\Brown\Councilres2.doc We believe the revised active park plan is better for many reasons: 1. It offers a way to save the trees. 2. It provides for a 8.7 active park area accessible to all. 3. It moves the park parking lot away from the neighbors. 4. It continues to meet the park dedication requirements. 5. It still provides the items Park and Recreation wants. 6. It provides the public visibility to the park from Cliff Road. 7. It distributes some of the more active park uses a bit further from the quiet enjoyment of the homes in the neighborhood. Road access, vehicle parking, sidewalks and trails continue to provide vehicle and pedestrian linkage throughout and to the park. 8. It retains more higher quality lots for homes, resulting in higher property values. 9. It retains the 10.9 acres of passive park area in the middle of the neighborhood. 10. It utilizes high and dry land for park that isn't the best suited for home sites. 11. It eliminates the extra cost of $143,000 attributable to the cul de sac option. 12. It is economically feasible for Lundgren Bros. We hope you agree with these reasons and find the revised plan as acceptable as we do. We believe this revised plan provides a wintwin situation for all. Thank you very much for your consideration on this matter. Very truly yours, ti Teny M. Fo or President, Land Development Cc: Tom Hedges, City Administrator Ken Vraa, Director of Parks and Recreation Mike Ridley, Senior Planner Shannon Tyree, Planner David Hinners Rick Sathre 116 December 8, 1997 Mayor Thomas Egan City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor Eagan, My husband, Paymon Najafzadeh, spoke at the Dec. 3rd City Council meeting to ask that the parking lot for the proposed Pinetree Pass Park not be located next to our home. He was grateful for the opportunity to voice our concern. I am writing to request that you, the City Council, and the Parks planning people look at other options for placement of the parking lot. Paymon did a great deal of research prior to the meeting. He called three real estate agents who all said that a parking lot next to our home would greatly reduce the value our property. He visited many Eagan parks to see other parking lot situations. He did not see any parking lots located immediately next to homes. We are also writing to Ken Vraa with our ideas on other locations to consider. This issue is extremely important to us. As you can imagine, we, do not want live next to a noisy parking lot and have to deal with all that it would bring. If the parking lot is built next to our home, we feel it will be grossly unfair. Thank you for your consideration to this matter. Sincerely, (l Doris Wal kerYNajafzadeh 1491 Thomas Lane Eagan, MN 55122 119 Agenda Information Memo December 16, 1997 Eagan City Council Meeting B. CERTIFICATION OF 1998 PROPERTY TAX LEVY INCLUDING CITY TRANSIT AND SPECIAL SERVICES DISTRICT ACTION TO BE CONSIDERED: To approve or deny with modifications the resolution certifying the 1998 Payable Property Tax Levy. FACTS: ♦ The following proposed property tax levies have been considered at numerous Special City Council meetings and at the truth -in -taxation public hearing held on December 3, 1997. * The truth -in -taxation notices show a city tax capacity rate of 22.315, a transit tax capacity rate of 2.973 and a Cedarvale Special Services District tax capacity rate of 4.719. The final leery for the Special Services District has been reduced to $11,792 from the preliminary levy of $16,792. The estimated tax capacity is reduced accordingly to 3.175. All truth -in -taxation requirements have been met. The final levy certification must be at the County by December 29, 1997. ATTACIUAENTS: +► Enclosed on page a is the resolution certifying the 1998 payable property taxes. //Y RESOLUTION CITY OF EAGAN LEVY OF 1998 REAL ESTATE TAXES WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was held on December 16, 1997, at 6:30 p.m., at the Eagan Municipal Center, all members being present, WHEREAS, upon motion by Councilmember by Councilmember , and seconded NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, Minnesota, hereby is on record approving and certifying the levy of 1998 Real Estate Taxes for Eagan, Minnesota, which taxes are payable in 1998 as follows: Revenues: General Fund $11,210,880 Equipment Revolving Fund 416,800 Major Street Fund 835.836 Subtotal Revenues $12,463,516 Debt: Debt Service 1 243.000 Subtotal City Services $13,706,516 Transit: Transit Services $ 1,826,247 1,826,247 Total City Wide Levy $15.532.763 Cedarvale Special Services District Levy $11,792 Dated: December 16. 1997 CITY OF EAGAN CITY COUNCIL LM 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 16th day of December, 1997. E. J. VanOverbeke, City Clerk Agenda Information Memo December 16, 1997 Eagan City Council Meeting C. APPROVAL OF 1998 GENERAL FUND BUDGET AND 1998 ENTERPRISE FUND BUDGETS INCLUDING WATER, SANITARY SEWER, STREETLIGHTING, STORM DRAINAGE/WATER -QUALITY AND CIVIC ARENA ACTION TO BE CONSIDERED: To approve or deny with modifications the 1998 General Fund Budget and 1998 Enterprise Fund Budgets including Water, Sanitary Sewer, Streetlighting, Storm Drainage/Water Quality and Civic Arena. FACTS: t The General Fund Budget and each of the Enterprise Fund Budgets have been reviewed in detail at numerous Special City Council meetings. Some minor departmental adjustments have been made primarily for an updated insurance allocation. The total stays the same and the net change is reflected in the contingency account. ♦ All truth -in -taxation requirements have been met to date. ATTACHMENTS: ♦ General Fund Revenues and Expenditures on pages /,�/ through J&a. —Water, Sanitary Sewer, Streetlighting and Storm Drainage/Water Quality Revenues on page + Water, Sanitary Sewer, Streetlighting and Storm Drainage/Water Quality Expenses on page /�V. * Civic Arena Revenues on page +r Civic Arena Expenses on page /'�o � an, Revenues 3500 3560 3561 3562 3563 3564 3565 3566 3567 3568 3810 3850 3561 Civic Arena Proposed 1998 Revenues Park & Rec Charges Ice Rental (Exempt) Ice Rental (Non -Exempt) General Admission Arena Program Revenues Arena Merchandise Sales Skate Rental Skate Sharpening High School Game Receipts Arena Advertising Interest Contributions & Donations Dry Floor Rental 1996 Actual 330 167,307 44,601 29,485 62,059 57,411 2,888 4,947 1,433 12,860 1,627 825 0 $385,773 1997 ud et 0 181,500 20,000 23,000 50,500 48,000 3,000 6,000 7,500 15,500 0 0 11,300 $366,300 "-Anticipate 3 months operation of 2nd sheet of ice beginning October 1, 1998. :) S 1998 Budget :• 0 222,500 77,000 26,500 55,500 46,000 3,500 6,500 0 23,000 0 0 0 $460,500 Civic Arena Fund Summary of Expenses Total Expenses * Amount was capitalized; not recorded as expense. 1996 1997 1998 Actual Budget Budget Personal Services $166,829 $180,700 $203,600 Parts & Supplies 30,885 33,600 40,400 Cost of Merchandise Sales 19,701 16,000 20,000 Services & Other Charges 25,850 92,450 119,500 Capital Outlay * 9,500 10,000 Reserve for Renewal and Replacement 26.750 26.750 30.000 Total Expenses * Amount was capitalized; not recorded as expense. 98revsum 1998 BUDGET GENERAL FUND COMPARATIVE SUMMARY OF REVENUES General Property Taxes Licenses Permits Intergovernmental Revenues Charges for Services Recreation Charges Fines & Forfeits Other Revenues Program Revenues Transfers TOTAL GENERAL FUND 1996 Actual $ 10,158, 869 119,580 1,120,278 2,209,315 967,679 345,722 209,685 527,608 924,362 153,144 $ 16.736.242 1997 Budget $ 10,908,300 118,900 594,300 2,045,400 620,700 326,600 200,000 289,400 717,600 130.90 $ 15.952.100 1998 Estimate $ 11,210,900 163,100 514,400 2,150, 700 592,000 341,800 200,000 358,800 761,500 168,600 $ 16, 461.800 98e�sum 12/11197 1998 BUDGET GENERAL FUND COMPARATIVE SUMMARY OF EXPENDITURES GENERAL GOVERNMENT 01 Mayor & Council 02 Administration 03 Data Processing 05 Finance/City Clerk 06 Legal 07 Community Development 10 Cable TV 3,818,200 General Government Total PUBLIC SAFETY 11 Police 12 Fire Public Safety Total PUBLIC WORKS 21 Public Works Engineering 22 Streets and Highways 24 Central Services Maintenance Public Works Total PARKS & RECREATION 31 Parks & Recreation 32 Tree Conservation Parks & Recreation Total 1996 1997 Actual Budaet $ 96,177 $ 104,600 639,424 657,100 417,373 496,200 858,907 890,200 305,189 315,800 1,190,110 1,338,600 28,203 15,700 3,535,383 3,818,200 5,530,963 5,711,800 842.661 878.200 6,373,624 6,590,000 817,273 925,000 1,116,050 1,045,600 357.000 365.500 2,290,323 2,336,100 2,054,659 2,184,200 212.622 212.900 2,267,281 2,397,100 33 Building Maintenance 448,369 497,100 OTHER 41 Contingency—designated - 114,500 Contingency—undesignated - 199,100 Contingency Total - 313,600 TOTAL GENERAL FUND EXPENDITURES $ 14.914.980 $ 1998 Budget $ 99,000 690,500 498,200 878,300 330,000 1,262,900 ,,.39,,100 3,798,000 5,979,600 905.600 6,885,200 920,900 1,105,200 371,300 2,397,400 2,251,400 209.200 2,460,600 534,500 386,100 386,100 $ 16.461.800 % Increase '97 to '98 -5.4% 5.1% 0.4% -1.3% 4.5% -5.7% 149.0% -0.5% 4.7% 3.1% 4.5% -0.4% 5.7% 1.6% 2.6% 3.1% -1.7% 2.6% 7.5% -100.0% 93.9% 23.1% 3.2% 1998 Budget Public Utilities Fund DETAIL OF REVENUES Actual Actual Budget Budget 1995 1996 1997 1998 DEPARTMENTAL: Water 3711 Water Service Fees $3,041,049 $3,469,526 $3,226,000 $3,360,000 3712 Water Service Penalties 8,270 11,410 9,000 12,000 3713 Water Connection Permits 17,170 18,186 22,300 15,000 3716 Sale of Meters 55,354 85,636 100,000 80,000 3719 Water Tum Off/On Fee 4,730 4,290 2,000 4,400 3721 Constr Meter Permits 200 600 500 600 3722 Acct Deposit Not Refunded (25) (34) 0 0 3810 Interest on Investments 3,126,748 3,589,614 3,359,800 3,472,000 Sanitary Sewer 53,112 53,780 43,500 63,000 3741 Sanitary Sewer Service Fees 3,830,091 4,022,397 4,063,000 4,200,000 3742 Sanitary Sewer Penalties 9,984 13,939 11,000 14,000 3743 San Sewer Connection Permits 16,850 17,995 22,400 15,000 3850 Contributions/Donations 3,856,925 4,054,331 4,096,400 4,229,000 Street Lia hts Water Quality Dedication Fees 75,000 220,486 35,000 3771 Neighborhood Light Svc Fees 177,239 174,621 188,000 184,000 3772 Neighbrhd/Comm Lt Penalties 403 563 400 500 3775 Community Light Service Fees 151,126 154,559 160,000 162,000 200 3920 328,768 329,743 348,400 346,500 Storm_Drainage/Water Quality 2,285,753 3,334,900 3761 Storm Drainage Service Fees 593,415 623,911 670,500 695,000 3762 Storm Drainage Penalties 1,513 2,112 1,500 2,000 594,928 626,023 672,000 697,000 NON -DEPARTMENTAL: 3016 Assmt Penalties and Interest 1,536 884 0 800 3310 Federal Grant -Water Quality 0 51,900 0 0 3340 State Grant -Water Quality 12,246 18,029 0 0 3426 Developer Escrow Reimbursmt 15,575 9,875 10,000 7,000 3427 Engineering Services 0 3,116 0 0 3428 Street Light Administration 230 35 0 0 3442 Maint Equipment and Personnel 210 55 0 0 3810 Interest on Investments 1,465,659 1,552,189 1,550,000 1,650,000 3812 Interest on Assessments 53,112 53,780 43,500 63,000 3814 Interest on MWCC 13,142 11,495 8,900 8,000 3820 Antenna Site Rent 0 60,680 129,400 143,800 3840 Sale of City Property 445 1,395 0 0 3850 Contributions/Donations 0 2,400 0 0 3858 Water Quality Dedication Fees 75,000 220,486 35,000 35,000 3865 Connection Charge -Water 391,130 821,316 400,000 380,000 3868 Conn Chg-Water Treatmt Plant 251,232 522,639 250,000 300,000 3880 Other Revenue 6,216 315 2,000 200 3920 Other Reimbursements 20 4,311 0 0 2,285,753 3,334,900 2,428,800 2,587,800 GRAND TOTAL $10.193.122 $11.934.611 $10.905.400 $11.332.300 Aa 3 98220exp 12/11/97 1998 Budget Public Utilities Fund COMPARATIVE SUMMARY OF EXPENSES 10 N] 01 E•] ;j =1:7tr 11 [•]L,K WATER Capital Outlay * Revised 1,931,500 Construction--Supply/Storag Actual Actual Budget Budget Renewal/Replacement 1995 1996 1997 1998 OPERATIONS 675,000 750,000 775,000 800,000 WATER 1,333,997 1,278,390 1,196,100 1,134,700 Personal Services $467,240 $515,146 $522,500 $532,800 Parts & Supplies 200,472 246,869 241,900 225,500 Services & Other Charges 919,088 995,394 858,400 856,900 SANITARY SEWER * 52,200 60,300 Personal Services 282,923 294,322 346,800 356,700 Parts & Supplies 50,545 62,979 55,600 55,600 Services & Other Charges 248,069 231,037 266,000 284,400 MCES Service Charge 2,934,692 3,109,162 2,770,000 2,839,300 STREET LIGHTING 0 0 267.500 212.500 Services & Other Charges 272,820 282,007 265,000 302,500 STORM DRAINAGE/WATER QUALITY Personal Services 111,692 128,373 132,800 137,000 Parts & Supplies 40,066 54,429 31,800 39,700 Services & Other Charges 321.442 220.992 222.100 223.800 TOTAL OPERATING EXPENSES BEFORE DEPRECIATION 5,849,049 6,140,710 5,712,900 5,854,200 10 N] 01 E•] ;j =1:7tr 11 [•]L,K WATER Capital Outlay * 329,000 1,931,500 Construction--Supply/Storag * 0 1,500,000 Renewal/Replacement 364,551 127,230 176,500 64,000 Debt Service -Principal 675,000 750,000 775,000 800,000 Debt Service --Interest 1,333,997 1,278,390 1,196,100 1,134,700 Meter Purchases * 129,000 129,000 Interfund Transfers 94,566 196,926 0 0 SANITARY SEWER Capital Outlay * 52,200 60,300 Renewal/Replacement 10,706 36,451 70,000 20,000 STORM DRAINAGE/WATER QUALITY Renewal/Replacement 84,026 105,498 37,500 77,500 Capital Outlay 3,000 3,000 Sys Expansion/Modification 0 0 267.500 212.500 TOTAL OPERATING AND NON- OPERATING EXPENSES BEFORE DEPRECIATION 8,411,895 8,635,205 8,748,700 11,786,700 DEPRECIATION EXPENSE 1596.211 1.638,759 1.592.300 1.634.300 TOTAL EXPENSES $10.008.106 $10.273.964 $10.341.000 $13.421.000 * Recorded as fixed asset acquisitions rather than expenses. � a y Agenda Information Memo December 16, 1997 Eagan City Council Meeting D. APPROVAL OF 1998-2002 CAPITAL IMPROVEMENT PROGRAM ACTION TO BE CONSIDERED: To approve or deny the 1998-2002 Capital Improvement Program as presented or to approve it with modifications. FACTS: ♦ The Capital Improvement Program for the years 1998-2002 for Part I -General Governmental Facilities and Part II -Vehicle and Equipment was considered at the Special City Council meeting on November 25, 1997. Part III -Public Infrastructure and Park Acquisition and Development will be considered in detail at the special meeting on December 16, 1997. ♦ Part I -General Governmental Facilities was modified per the request of the Fire Department. ♦ Part H -Vehicles and Equipment was discussed and staff was directed to make certain revisions and bring it back for final approval. ♦ Part III -Public Infrastructure and Park Acquisition and Development material was distributed with the Special City Council agenda. ATTACHMENTS: ♦ Part I -General Governmental Facilities on page Memo explaining revisions to Part II -Vehicles and Equipment on pages through . PART I GENERAL GOVERNMENTAL FACILITIES Total Project Project Title Cost Funding Source 1998 Outdoor Swimming Pool & Parking (1) Community Investment Fund (a) Municipal Center Site Parking — Phase I (b) Outdoor Pool & Parking — Phase II 1999 Remodeling Fire Station 2 $2509000 2000 Upgrade Fire Station 3 $1509000 Community Investment Fund Community Investment Fund (1)The scope of the project is under consideration and needs to be completed before an estimated project cost can be determined. i MEMO city of eagan TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 12,1997 SUBJECT: 1998-2002 CIP PART H -VEHICLES & EQUIPMENT Staff has spent a considerable amount of time reviewing and analyzing historical and future needs and related funding for City vehicles and equipment. The City Council has provided staff a great deal of flexibility in determining actual purchases within a pre -determined total allocation. New equipment which increases the fleet or changes services has been given special scrutiny by both the staff and City Council. Part II of the Capital Improvement Program has been designated to provide for vehicles and equipment used to carry out City services. Beginning in 1993, a departmental allocation system totaling $500,000 has been used as a limiting budget factor. This allocation was made as follows: Since these allocations were implemented based on historical expenditures, have not been adjusted for inflation and do not reflect changing needs or priorities, concerns have arisen and staff is recommending a change to the system. Enterprise operations, including water, sanitary sewer and storm drainage/water quality, purchase equipment directly and are not subject to this allocation. Purchases, however, are held to the same review standard. Purchases of new equipment (not replacement items) to meet expanding service needs caused by growth and the more costly items such as front end loaders and fire pumpers have been particularly difficult to deal with in this system. Annual Dement Amount Percent Data Processing $35,000 7.0% Community Development 13,000 2.6% Police 97,000 19.4% Fire 125,000 25.0% Engineering 9,000 1.8% Streets 122,000 24.4% Central Services 10,000 2.0% Parks and Rec/Tree Conservation 89.000 17.8% TOTALS $500,000 100% Since these allocations were implemented based on historical expenditures, have not been adjusted for inflation and do not reflect changing needs or priorities, concerns have arisen and staff is recommending a change to the system. Enterprise operations, including water, sanitary sewer and storm drainage/water quality, purchase equipment directly and are not subject to this allocation. Purchases, however, are held to the same review standard. Purchases of new equipment (not replacement items) to meet expanding service needs caused by growth and the more costly items such as front end loaders and fire pumpers have been particularly difficult to deal with in this system. At the November 25 special meeting, staff presented a modified approach which would have divided Part II into three (3) sub -parts and removed departmental allocations. It also would have increased the annual funding to respond to the problems noted above. The Council became concerned about what appeared to be a return to the previous system of reviewing each request and being asked to make detailed analyses of equipment needs. The staff appreciates the confidence of the Council that these decisions can be processed more efficiently at the staff level in the context of City Council determined annual allocations and policy parameters. To address these concerns and provide a spending expectation for 1998 and subsequent years, staff is suggesting a population and inflation increase to the original $500,000 annual allocation which started in 1993. The actual calculation is as follows: Based on these assumptions, which seem quite reasonable, the 1998 allocation is $651,198. A retroactive application of these assumptions, which also seems reasonable, generates a balance of $312,794 for consideration. Staff is confident that this balance added to the 1998 allocation would allow the necessary vehicle and equipment purchase to put this system back on track. Further, with the subsequent population and inflation increases, the system provides flexibility to meet the City's needs and to stay on track unless a significant change in service delivery is made. For example, a full blown winter trail maintenance program would still cause difficulties. It is staff's recommendation that the City Council approve this methodology and that staff be directed to prioritize the City-wide allocation for 1998 and subsequent years along with a method of funding. The funding will continue to be a combination of the ad valorem tax levy, equipment certificates and fund balance. The overall objective remains to keep vehicle and equipment purchases on a pay-as-you-go basis. Equipment certificates and the fund balance have unique applications, for example, for large one-time or non-recurring situations, and will be reviewed on a case-by-case basis. Assuming City Council approval of the methodology, the following equipment is under consideration by the management team for purchase in 1998: (Items are listed in no priority order by department, although the allocation is City-wide.) /30 Population Increase Inflation Year Population % Increase Allocation 1993 53,004 - - $500,000 1994 54,975 1.037 1.025 531,558 1995 56,681 1.031 1.025 561,755 1996 58,731 1.036 1.025 596,623 1997 59,818 1.019 1.025 622,858 1998 61,014 1.020 1.025 651,198 Based on these assumptions, which seem quite reasonable, the 1998 allocation is $651,198. A retroactive application of these assumptions, which also seems reasonable, generates a balance of $312,794 for consideration. Staff is confident that this balance added to the 1998 allocation would allow the necessary vehicle and equipment purchase to put this system back on track. Further, with the subsequent population and inflation increases, the system provides flexibility to meet the City's needs and to stay on track unless a significant change in service delivery is made. For example, a full blown winter trail maintenance program would still cause difficulties. It is staff's recommendation that the City Council approve this methodology and that staff be directed to prioritize the City-wide allocation for 1998 and subsequent years along with a method of funding. The funding will continue to be a combination of the ad valorem tax levy, equipment certificates and fund balance. The overall objective remains to keep vehicle and equipment purchases on a pay-as-you-go basis. Equipment certificates and the fund balance have unique applications, for example, for large one-time or non-recurring situations, and will be reviewed on a case-by-case basis. Assuming City Council approval of the methodology, the following equipment is under consideration by the management team for purchase in 1998: (Items are listed in no priority order by department, although the allocation is City-wide.) /30 Administration Workstation Improvements $ 4,200 Finance Workstation Improvements up to 60,000 Records Retention System up to 60,000 Community Development Workstation Improvements 44,000 Vehicle Replacement 14,000 Engineering Workstation Improvements 32,000 Copy Machine 8,000 Police 6 -Full-size Crown Vic Squads 122,400 2 -Mid-size Luminas 36,000 1 -Detective Vehicle Replacement 13,800 1-MDT/PC 8,000 Photo Imaging System 32,500 Payroll Program Replacement 8,000 Dispatch Computer Replacement 20,000 Streets Single -axle dump (replace #119) 92,000 Single -axle dump (replace 129) 92,000 Tandem dump (replace #125) 110,000 %-ton pickup (replace #146) 21,000 3/4 -ton pickup (replace #147) 21,000 '/i -ton pickup (replace #148) 15,000 Parks & Recreation Toro Groundmaster (replace #334) 13,000 One -ton 4x4 dump 35,000 Aerial lift box 29,000 MIS CCIS software (telephone system) - new 10,000 Tape backup for City Hall & Maint Servers - replace 6,000 Wiring to network Fire Admin - new 15,000 100 base T -hub PC - new 2,000 100 base T -hub printer - new 1,000 GIS NT server workstation - replace 15,000 The grand total under consideration is $944,900. Department Heads will be meeting on December 19, 1997 to finalize the priorities. In addition, the enterprise funds have the following equipment, all of which would be paid for from those operations under consideration: Public Utilities - Water %-ton pick-up (replace #214) $20,000 '/Z -ton pickup (replace #216) 15.000 Total Public Utilities $35,000 131 Again, staff appreciates this direction from the City Council and upon approval of this methodology looks forward to completing this process and implementing the 1998-2002 CIP. City Administrator TLH/vmd 13c2 Agenda Information Memo December 16, 1997 Eagan City Council Meeting NEW BUSINESS A. BURNSVILLE/EAGAN TELECOMMUNICATIONS COMMISSION 1998 BUDGET ACTION TO BE CONSIDERED: To approve or deny the 1998 Burnsville/Eagan Telecommunications Commission budget. FACTS: t The cities of Burnsville and Eagan jointly fund the Burnsville/Eagan Telecommunications Commission budget from the member cities retained franchise fees on an annual basis. ♦ The budget is presented in the same format (including a General Budget and Local Programming Budget) as in previous years. The local programming budget will be incorporated into the local access budget, as a part of the transfer of that responsibility from the Company to the Cities. Negotiations are ongoing in that regard. At the conclusion of negotiations, a revised local programming/local access budget will be presented for Council consideration. ♦ Not including the remainder of the local access budget, the proposed Telecommunications Commission Budget shows a slight decrease from 1997. It includes modest inflationary and cost of living increases offset by reductions in professional services. This reflects the fact that the bulk of the work for franchise renewal analysis was budgeted for in 1997. ATTACHMENTS: i Proposed 1998 Telecommunications budget summary on page /34. 13-3 BETC - SUMMARY & TOTAL -1998 BUDGETS GENERAL BUDGET /3y 1996 1997 1998 ACTUALS BUDGET BUDGET Personnel Services $37,042 $35,800 $36,580 Supplies & Repairs 670 500 700 Professional Services 15,132 40,400 25,550 Other Services/Charges 15,196 16,750 17,075 Capital Outlay 1,145 2,250 1,750 General Budget $69,185 $95,700 $81,655 LOCAL PROGRAMMING BUDGET 1996 1997 1998 ACTUALS BUDGET BUDGET Personnel Services $38,529 $41,850 $43,900 Supplies & Repairs 509 700 700 Professional Services 444 2,250 5,000 Other Services/Charges 19,038 19,850 20,100 Local Program. Assistance 5,827 9,050 8,950 Local Programming Budget $64,347 $73,700 $78,650 COMBINED BUDGETS 1996 1997 1998 ACTUALS BUDGET BUDGET Personnel Services $75,571 $77,650 $80,480 Supplies & Repairs 1,179 1,200 1,400 Professional Services 15,576 42,650 30,550 Other Services/Charges 34,234 36,600 37,175 Capital Outlay 19145 2,250 1,750 Local Program. Assistance 5,827 9,050 8,950 Combined Budgets $133,532 $169,400 $160,305 /3y Agenda Information Memo December 16, 1997 Eagan City Council Meeting B. INITIATION OF A REQUEST FOR SPECIAL LEGISLATION ALLOWING AN INCREASE TO THE NUMBER OF ON -SALE LIQUOR LICENSES AVAILABLE TO BE ISSUED ACTION TO BE CONSIDERED: To approve or deny the initiation of a request for Special Legislation allowing an increase to the number of on -sale liquor licenses to be issued in the City of Eagan. FACTS: ♦ Recent growth in the hospitality industry has created increased demand for the City's allocation for on -sale liquor licenses. The number of licenses available within a community is based in part on population. Absent Special Legislation, the State of Minnesota uses decennial census figures to establish the number of licenses available. The City previously received an authorization through Special Legislation to recognize its ongoing population growth to increase liquor licenses to the current number of 26. ♦ The City is currently approaching the adjusted limit of 26 licenses. It is unlikely that certain types of hospitality businesses or full-service hotels will continue to locate in the City if the limit is reached and no additional licenses are available. ♦ The City has recently received the Convention & Visitors Bureau report suggesting that additional growth in the full-service hotel market can be expected. In anticipation of this business item, staff has notified all current holders of liquor licenses within the City. ATTACHMENTS: ♦ Letter to license holders on page �. City of aciga 1 Dear Mr. Goodman: As an item of new business at its regular meeting on December 16, 1997, the Eagan City Council will be considering the initiation of a request for special legislation allowing an increase to the number of on -sale liquor licenses available to be issued in Eagan. The State Legislature controls the number of liquor licenses which may be issued in any City. The limit is based primarily on a base plus population. With Eagan's rapid growth rate, the formula has not kept pace with the demand. Eagan currently has authorization to issue 26 on -sale liquor licenses and the 23rd is on this same agenda for approval. Without special legislation there can be no increase until after the 2000 census. Given the phenomenal success of the hospitality industry and continued hotel development in the community, the City Council would like additional flexibility with license availability. It is important to note that the City is not recruiting new restaurants and is simply trying to be in position to meet the market place demand. The actual issuance of licenses will continue to be determined by the same standards and expectations upon which your license was issued. I am sending this letter to you and all other on -sale liquor license holders as a courtesy SO you are aware of the City Council agenda item. Sincerely, jA^__W&j4__ E.J. VanOverbeke, CPA Finance Director/City Clerk cc: City Administrator Hedges /3G MUNICIPAL CENTER PILOT KNOB ROAD THE LONE OAK TREE MAINTENANCE FACILITY EAG THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT AGAN. MINNESOTA 55122-1897 EAGAN, MINNESOTA 55122 PHONE: (612) 681.d600 PHONE (612) 681-4300 FAX: (612) 681-4612 Equal Opportunity/Affirmative Action Employer FAX: (612) 681-4360 TDD: (612) 454-8535 TDD. (612) 454-8535 THOMAS EGAN Moyor December 9, 1997 PATRICIA AWADA BEA BLOMQUIST SANDRA A. MASIN THEODORE WACHTER Council Members Mr. John B. Goodman Sidney's of Eagan, Inc. THOMAS HEDGES City Administrator 1107 Hazeltine Boulevard Suite 200 E. J. VAN OVERBEKE Chaska, Minnesota 55318 City Clerk Dear Mr. Goodman: As an item of new business at its regular meeting on December 16, 1997, the Eagan City Council will be considering the initiation of a request for special legislation allowing an increase to the number of on -sale liquor licenses available to be issued in Eagan. The State Legislature controls the number of liquor licenses which may be issued in any City. The limit is based primarily on a base plus population. With Eagan's rapid growth rate, the formula has not kept pace with the demand. Eagan currently has authorization to issue 26 on -sale liquor licenses and the 23rd is on this same agenda for approval. Without special legislation there can be no increase until after the 2000 census. Given the phenomenal success of the hospitality industry and continued hotel development in the community, the City Council would like additional flexibility with license availability. It is important to note that the City is not recruiting new restaurants and is simply trying to be in position to meet the market place demand. The actual issuance of licenses will continue to be determined by the same standards and expectations upon which your license was issued. I am sending this letter to you and all other on -sale liquor license holders as a courtesy SO you are aware of the City Council agenda item. Sincerely, jA^__W&j4__ E.J. VanOverbeke, CPA Finance Director/City Clerk cc: City Administrator Hedges /3G MUNICIPAL CENTER PILOT KNOB ROAD THE LONE OAK TREE MAINTENANCE FACILITY EAG THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT AGAN. MINNESOTA 55122-1897 EAGAN, MINNESOTA 55122 PHONE: (612) 681.d600 PHONE (612) 681-4300 FAX: (612) 681-4612 Equal Opportunity/Affirmative Action Employer FAX: (612) 681-4360 TDD: (612) 454-8535 TDD. (612) 454-8535 Agenda Information Memo December 16, 1997 Eagan City Council Meeting C. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: To approve or deny an Ordinance Amendment to Chapter 11 entitled "Land Use Regulations (Zoning)" by amending Section 11.03 by adding the definition of adult establishment and by amending Section 11.20 regarding adult establishment as a permitted use in Limited Industrial, Research and Development, and Business Park districts, and by adopting by reference Eagan City Code Chapter 1 and Section 11.99, and to approve a resolution authorizing publication of a summary ordinance. FACTS: • The adult establishment ordinance has been reviewed at several Advisory Planning Commission workshops and at a City Council workshop. • At the regular meeting on November 25, 1997, the Advisory Planning Commission recommended approval of the ordinance amendment as presented in the City Council packet. ISSUES: • Two people spoke at the public hearing requesting that the Advisory Planning Commission not recommend approval of this ordinance and encouraged the City to ban adult use from the City entirely. ATTACHMENTS: (4) Minutes from the November 25, 1997 APC on page -13?-13 9 Staff memo dated November 20, 1997 on page -� Adult Establishment Ordinance, pages - ��- Adult Establishment Area Calculations, page - . /3% Page 22 November 25, 1997 ADVISORY PLANNING CONMISSION 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 adding Section 11.10, Subd. 32 and by amending Section 11.20, Subds. 16, 18 and 22 regarding adult establishments and by adopting by reference Eagan City Code Chapter 1 and Section 11.99. Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in his memorandum dated November 20, 1997. Mr. Ridley discussed the elements of the proposed amendment to Chapter 11 to permit adult oriented entertainment within certain designated zoning districts. Mr. Ridley noted that since the adult entertainment establishments were required to be licensed, the licensing provisions which had been reviewed by the Commission at its workshop on November 13, 1997, would be contained in an amendment to Chapter 6 of the City Code, Licensing Provisions. Mr. Ridley noted that the amendment to Chapter 6 as well as the action on the zoning districts would be scheduled to be heard by the City Council at its meeting on December 16, 1997. Mr. Ridley also noted that Member Segal had reviewed the proposed amendment and had submitted modifications which were reviewed by the staff and City Attorney's office and found to be acceptable. Mary Olson, a business owner in the industrial district expressed deep concerns regarding adult entertainment activity as a part of the City of Eagan. She stated her concerns about employee safety and the negative impact that the elements associated with adult entertainment would have on her property and the City in general. Ms. Olson inquired of the Commission as to why the City is doing this. Rudy Olson also spoke about his grave concern in allowing this type of activity in the industrial areas. Commission Chair Heyl explained that the purpose of the ordinance is to limit where these types of businesses can be located and that the City is trying to narrow the introduction of these business into the strictest time, place and manner conditions as is legally possible. Chair Heyl noted that it was the consensus of the Commission to remove these types of establishments as far away from children as possible. Mr. Olson inquired whether the City could outright ban these types of activities from being established within the City. City Attorney Dougherty stated that the courts have held that these type of activities have constitutional protection prohibiting the City from outright banning them. Mr. Dougherty explained that the City's choice is to regulate by time, place and manner how and under what conditions these activities may exist. 13 oe Page 23 November 25, 1997 ADVISORY PLANNING CONMSSION Member Segal noted that part of the intent of the ordinance is to not only restrict adult use but not to allow them to be clustered so as to have a greater negative impact to the community. Member Bakken expressed that while the City cannot constitutionally stop these activities from occurring, it can adopt a restrictive ordinance. Commission Chair Heyl noted that it is not the City's intention to invite or encourage these activities but their hope is that the regulations may influence a perspective enterprise to look elsewhere. Member Segal moved, Member Burdorf seconded, a motion to adopt Member Segal's modification to the language of the proposed ordinance. All voted in favor. Member Segal moved, member Burdorf seconded, a motion to recommend approval of an Ordinance Amendment to Chapter 11 entitled "Land Use Regulations (Zoning)" by adding Section 11. 10, Subd. 32 and by amending Section 11.20, Subds. 16, 18 and 22 regarding adult establishments and by adopting by reference Eagan City Code Chapter 1 and Section 11.99. All voted in favor. 139 MEMO city of eagan TO: CHAIR CARLA HEYL ADVISORY PLANNING COMMISSION MEMBERS FROM: MIKE RIDLEY, SENIOR PLANNER DATE: NOVEMBER 20,1997 SUBJECT: ADULT USE REGULATIONS As discussed at the Advisory Planning Commission workshop on November 13, 1997, changes to the draft Adult Use Ordinance Amendment include: 1) a maximum of 350' or 25% of gross floor area, whichever is less, for adult-oriented material in a given establishment; and 2) to change adult uses in Light Industrial, Business Park, and Research and Development zoning districts to "permitted" uses subject to the spacing requirements outlined. All other comments from the workshop were shared with the City Attorney which resulted in the amendment affecting the specific use districts where adult uses would be permitted and the addition of the Adult Use Findings and Purpose being added to the General Provisions section of Chapter 11. As discussed and recommended by Commission Member Segal, the licensing aspect of adult use will be added to either Chapter 5 or 6. Because the licensing issue was not noticed, that amendment will not take place as part of Tuesday night's action; however, proper notification and process will be followed in the near future to establish that licensing process. If you have any questions regarding this, please feel free to contact me at 681-4689. Thank you. Senior Planner MR/js lqo 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 11.03 BY ADDING THE DEFINITION OF ADULT ESTABLISHMENT AND BY AMENDING SECTION 11.20 REGARDING ADULT ESTABLISHMENT AS A PERMITTED USE IN LIMITED INDUSTRIAL, RESEARCH AND DEVELOPMENT AND BUSINESS PARK DISTRICTS; AND ADDING BUSINESS PARK DISTRICT AS A ZONING CLASSIFICATION 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 11 is hereby amended by adding the following definition to Section 11. 03, to read as follows: Adult establishment means that term as defined in Chapter 6 of this Code. Section 2. Eagan City Code Chapter 11 is hereby amended by changing Section 11.20, Subd. 1, to read as follows: Sec. 11.20. Use districts. Subd. 1. Classification. The following land use districts are hereby established under which all lands in the city shall be classified: A Agricultural district E Estate district P Public facilities district R-1 Residential single district R-2 Residential double district R-3 Residential townhouse district R-4 Residential multiple district R-5 Mobile home district LB Limited business district NB Neighborhood business district GB General business district CSC Community shopping center RSC Regional shopping center district RB Roadside business / y/ I-1 Limited industrial district 1-2 General industrial district R -D Research and development park district PD Planned development district FP Floodplain district BP Business park district Section 3. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 16(B)(18), to read as follows: 18. Adult Establishments, subject to the relations thereof in Chapter 6 of this Code. No adult establishment mai- be located within 1.000 feet of another adult establishment residential use. dg - care provider. on or off -sale liquor establishments. park or public facilitl . No two (2) adult establishments shall be located in the same building. Section 4. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 18(B)(6), to read as follows: 6. 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, d4 , care provider. on or off -sale liquor establishments park or public facility. No two "2) adult establishments shall be located in the same building Section 5. Eagan City Code Chapter 11 is hereby amended by adding Section 11.20, Subd. 19(B)(8), to read as follows: 8. Adult Establishments. subject to the re dations thereof in Chapter 6 of this Code. No adult establishment may be located within 1,000 feet of another adult establishment residential usedav care provider. on or off -sale liquor establishments park or public facili!y. No two (2) adult establishments shall be located in the same building Section 6. 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 7. 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: �f -3 RESOLUTION NO. 97 - CITY OF EAGAN, MINNESOTA A RESOLUTION AUTHORIZING PUBLICATION OF A SUMMARY ORDINANCE WHEREAS the City Council has reviewed the attached summary ordinance as required by Minnesota State Statutes Section 412.121, Subd. 4; and WHEREAS the City Clerk has on file a complete copy of the text for public review. THEREFORE, BE IT RESOLVED that the Eagan City Council does approve the attached summary of ordinance for publication. This resolution passed this day of _ , 1997, by the City Council of the City of Eagan, Minnesota. By: Thomas A. Egan, Mayor Attest: E.J. VanOverbeke, City Clerk For: Against: The following is the official summary of the following ordinances as approved by the City Council of Eagan on , 1997: ORDINANCE NO. _ SECOND SERIES An ordinance of the City of Eagan, Minnesota, amending Eagan City Code Chapter 6, entitled "Other Business Regulation and Licensing," by adding Section 6.49 regarding adult establishment licensing requirements and regulations. Copies of the entire text of these ordinances and amended chapters are available for inspection by any person during normal business hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, MN 55122. Effective date. This ordinance shall take effect upon its passage and publication. Adult Entertainment Area Calculations Area Total City Total (I-1, BP, RD) Zoned Excluded Area Allowable Area Acres 21,474 acres 2,353 acres 1,450 acres 903 acres % of (1-1,BP.RD} 61% 38% % of City 11% of City 6.7% 4.2% Agenda Information Memo December 16,1997 Eagan City Council Meeting D. ORDINANCE AMENDMENT — CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY ADDING SECTION 6.49 REGARDING ADULT ESTABLISHMENTS ACTION TO BE CONSIDERED: To approve or deny an ordinance amendment to Chapter 6 entitled "Other Business Regulation and Licensing" by adding Section 6.49 regarding Adult Establishments and to approve the resolution authorizing publication of a summary of the ordinance. FACTS: ♦ This ordinance amendment provides for the licensing of adult establishments. + The land use issues regarding adult establishments are addressed in the two (2) ordinance amendments to Chapter 11. ATTACHMENTS: ♦ Ordinance amendment on pages through 110,19. • Resolution authorizing the publication of a summary of the ordinance on pages and /9� ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY ADDING SECTION 6.49 REGARDING ADULT ESTABLISHMENTS AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 6 is hereby amended by adding Section 6.49, to read as follows: Sec. 6.49. Adult Establishments. A. Findings and purpose. Minnesota State Attorney General's Office and the Cities of St. Paul, Minnesota; Indianapolis, Indiana; Phoenix, Arizona; Seattle, Washington; Houston, Texas; and Los Angeles, California, have conducted studies of the impact of adult establishments on their respective communities. Based on these studies and the information received at the public hearings on this issue, the Eagan City Council finds: Residential neighborhoods located within close proximity to adult theaters, bookstores and other adult establishments experience increased crime rates (sex- related crimes in particular), lowered property values, increased transiency, neighborhood blight and potential health risks; 2. Adult establishments can have an adverse impact on adjacent commercial uses; 3. The adverse impacts which adult establishments have on surrounding areas diminish as the distance from the adult establishments increases; 4. Many members of the public perceive areas within which adult establishments are located as less safe than other areas which do not have such uses; Adult establishments can exert a dehumanizing influence on persons attending nearby places of worship; children attending family day care homes, group family day care homes and child care centers; students attending schools; and people using parks. 6. The concentration of adult establishments in one (1) area can have a substantially detrimental effect on the area in which such businesses are concentrated and on the overall quality of urban life. A cycle of decay can result from the concentration of adult establishments. The presence of such businesses is perceived by others as an indication that the area is deteriorating which can cause other businesses and residents to move out of the vicinity. Declining real estate values, which can result from the concentration of such businesses, erode the city's tax base and contribute to a feeling that that section of the city is depressed. 7. Adult establishments can increase the risk of exposure to communicable diseases. Experiences of other cities indicate that such businesses can facilitate the spread of communicable diseases by virtue of the design and use of the premises, thereby endangering not only the patrons of such establishments but also the general public. In order to minimize the detrimental effect adult establishments have on adjacent land uses, and to promote the public health, safety and general welfare of the city, the city council adopts the following licensing regulations, recognizing that it has a great interest in the present and future character of the city's residential and commercial neighborhoods. Adoption of these regulations is not intended to unreasonably restrict the opportunity of adult establishments to locate in the city. B. Definitions. For purposes of this article, these terms shall be defined as follows: Adult establishment means any adult use as defined in this Article or any business engaged in any of the following activities or which utilizes any of the following business procedures or practices: (a) A business that is conducted exclusively for the patronage of adults and to which minors are specifically excluded from patronage either by operation of law or by the owners of such business; or (b) Any business that has a substantial or significant portion of the business or establishment that is devoted to material or persons depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas. 2. Adult use means any of the activities and businesses defined below: (a) Adult body painting studio means an establishment or business which provides the service of applying paint or other substance, whether transparent or non -transparent, to or on the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas as defined herein. (b) Adult book store means an establishment used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tapes, videotapes, motion picture films, CD Roms or any other form of media, if such business is not open to the public generally but only to one (1) or more classes of the public, excluding any minor by reason of age, or if a 2 /Yf substantial or significant portion of such business or establishment is devoted to material distinguished and characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas." (c) Adult cabaret means a building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age or if such dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas." (d) Adult companionship or escort services establishment or business means any person or business entity which receives a source of income, compensation or other consideration from providing the services of an escort to, or the placement of an escort with, a customer. For purposes of this Section, an escort shall mean any individual hired for the purpose of accompanying another to or about social affairs, entertainments, or places of amusements, or at any place of public resort, or within any private quarters for compensation or consideration of any kind. An adult companionship or escort services establishment or business shall be licensed under this Section. Any individual providing services as an escort, individually or as an agent of an adult companionship or escort services establishment or business, shall be licensed pursuant to the adult companionship/escort services provider license regulations in this Chapter, subject to the regulations therein and in this Section. (e) Adult cotwersation:Arap parlor means a building or portion of a building which excludes minors by reason of age, or which provides the services of engaging in or listening to conversation, talk, or discussion distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." (f) Adult entertainment facility means a building or portion of a building wherein an admission is charged for entrance or food or nonalcoholic beverages are sold or intended for consumption and wherein live presentation or entertainment distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas may be observed. (g) Adult health'sport club means a building or portion of a building which excludes minors by reason of age and wherein activities that are distinguished and characterized by an emphasis on "specified sexual activity" or "specified anatomical areas" occur. 3 / ,tea (h) Adult hotel or motel means a building or portion of a building wherein hotel or motel services are provided from which minors are specifically excluded from patronage and in which material is presented which is distinguished and characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." (i) Adult massage parlor means an adult establishment which restricts minors by reason of age and which provides the services of massage services, other than therapeutic, health-care related massage services governed by Chapter 6 of this Code, that is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." (j) Adult mini motion picture theater means a building or portion of a building with a capacity for fewer than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matters, depicting, describing, or relating to specified sexual activities or specified anatomical areas as herein defined, for observation by patrons therein. The phrase "used for" in this definition shall mean a regular and substantial course of conduct and not a one-time presentation of such material. (k) Adult modeling studio means an adult establishment which its primary business is the provision to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities as defined herein or display specified anatomical areas as defined herein while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. (1) Adult motion picture arcade means any building or portion of a building in which coin or slug -operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image -producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images displayed are distinguished and characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas." (m) Adult motion picture theater means a building or portion of a building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas as herein defined, for observation by patrons therein. The phrase "used for" in this definition shall mean a regular and substantial course of conduct and not a one-time presentation of such material. GI (n) Adult novelty business means a business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation. (o) Adult sauna means a sauna which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent and if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas as defined herein. Specified anatomical areas means: (a) Less than completely and opaquely covered: Human genitals, pubic region or pubic hair; or ii. Buttock; or iii. Female breast or breasts below a point immediately above the top of the areola; or iv. Any combination of the foregoing; or (b) Human male genitals in a discernibly turgid state even if completely and opaquely covered. 4. Specified sexual activities include, but are not limited to, the following activities.- (a) ctivities: (a) Human genitals in a discernible state of sexual stimulation or arousal; or (b) Fondling or other erotic touching of human genitals, pubic region or pubic hair, buttock, or female breast or breasts; or (c) Actual or simulated intercourse, oral copulation, anal intercourse, oral -anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually -oriented acts or conduct: anilingus, autoeroticism buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or (d) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or (e) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in 5 Asa activities involving the flagellation, torture, fettering, binding or other physical restraint of any such person; or (f) Erotic or lewd touching, fondling or other sexually -oriented contact with an animal by a human being; or (g) Human excretion, urination, menstruation, vaginal or anal irrigation. Substantial or significant means for purposes of this Article, the phrase "substantial or significant" means that: (1) at least one-fourth (1/4) of the portion of the floor area (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public and open to employees/agents only); or (2) at least 350 square feet of the business (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public and open to employees/agents 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." 6. Booths, stalls, or partitioned portions of a room or indh4dual room means: (a) Enclosures specifically offered to persons for a fee or as an incident to performing high-risk sexual conduct; or (b) Enclosures which are part of a business operated on the premises which offers movies or other entertainment to be viewed within the enclosure, including enclosures wherein movies or other entertainment is dispensed for a fee. The phrase "booths, stalls, or partitioned portions of a room or individual rooms" does not mean enclosures which are private offices used by the owners, managers, or persons employed by the premises for attending to the tasks of their employment, and which are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing movies or other entertainment for a fee, and are not open to any persons other than employees. 7. Doors, curtains or portal partitions means full, complete, nontransparent closure devices through which one cannot see or view activity taking place within the enclosure. 8. Health inspectors means inspectors employed by the County of Dakota or their agents. 9. Minor means any natural person under the age of eighteen (18) years. N. /S� 10. Nudity means the showing of the human male or female genitals or pubic area with less than fully opaque covering; the showing of the female breast with less than a fully opaque covering below a point immediately above the top of the areola; or the depiction or showing of the covered male genitals in a discernibly turgid state. 11. Open to an adjacent public room so that the area inside is visible to persons in the adjacent public room means either the absence of any entire "door, curtain or portal partition" or a door or other device which is made of clear, transparent material such as a glass, plexi -glass or other similar material meeting building code and safety standards, which permits the activity inside the enclosure to be entirely viewed or seen by persons outside the enclosure. 12. Person means one (1) or more natural persons; a partnerships, including a limited partnership; a corporation, including a foreign, domestic, or nonprofit corporation; a trust; a political subdivision of the state; a limited liability corporation; professional association; or any other business organization or entity C. Prohibition; license required. No person shall own or operate an adult establishment within the city except within Limited Industrial (1-1), Community Shopping Center (CSC), General Business (GB), and Business Park (BP) Districts pursuant to a license issued by the City under this Article. No license shall be issued hereunder for any proposed adult establishment within 1,000 feet of another licensed adult establishment, residential use, day care provider, on or off -sale liquor establishments, park or public facility. No person shall engage in adult establishment activities„ including the sale or display of instruments, devices or paraphernalia which are used or designed for use in connection with specified sexual activities, regardless of the area size devoted to the activities at any indoor or outdoor public show, movie, caravan, circus, carnival, flea market or the like, theatrical or other performance, or exhibition presented to the general public where minors are admitted. D. License application. The application for a license under this Article shall be made on a form supplied by the city clerk and shall request the following information: For all applicants: (a) Whether the applicant and owner is a natural person, corporation, partnership, or other form of organization. (b) Name, address, phone number and birth date of the applicant, owner and the operator or manager of such operation who shall be responsible for all daily operations, if different from applicant or owner. 7 /sY (c) The legal description and address of the premises where the adult establishment is to be located. (d) A floor plan of the premises which details all internal operations and activities including a statement of the total floor space occupied by the business. The floor plan need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. (e) A site plan of the premises for which the license is sought, showing dimensions, locations of buildings, site and building lighting, street access, and parking facilities. Illumination of the exterior premises must be adequate to observe the location and activities of all persons on the exterior of the premises. (f) A building elevation drawing which shows exterior construction, proposed building signs, materials and colors of the proposed adult establishment. Signs for the adult establishments shall comply with the city's sign ordinance; in addition, signs for adult establishments shall not contain representational depiction of an adult nature or graphic descriptions of the adult theme of the operation. (g) The name of the business. If the business is to be conducted under a designation, name, or style other than the name of the applicant, a certified copy of the certificate required by Minn. Stat. § 333.01 shall be submitted. (h) The activities and types of business to be conducted. (i) The intended hours of operation. (j) The names, residences and business addresses of three (3) persons, residents of the state, of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to regarding the applicant's character or, in the case where information is required of an operating officer, the operating officer's character. (k) Whether all taxes due and owing on the premises to be licensed have been paid. (1) Abstractor's certificate of property ownership of the subject parcel and all parcels within one thousand (1,000) feet of the subject parcel. 2. If the applicant is a natural person: (a) The name, place and date of birth, street and city address, and phone number of the applicant and operator/manager (b) Whether the applicant and operator/manager have ever used or has been known by a name other than his/her name, and if so, the name or names used and information concerning dates and places where used. (c) The street and city addresses at which the applicant and operator/manager have lived during the preceding ten (10) years. (d) The type, name and location of every business or occupation in which the applicant's spouse and operator/manger have been engaged during the preceding two (2) years and the name(s) and address(es) of their employer(s) and partner(s), if any, for the preceding two (2) years. (e) Whether the applicant, applicant's spouse and operator/manager have ever been convicted of a felony, crime, or violation of any ordinance other than traffic. If so, they shall furnish information as to the time, place, and offense for which there were convictions. 3. If the applicant is a partnership: (a) The name(s) and address(es) of all general partners and the operator/manager and all of the information concerning each general partner and the operator/manager that is required of applicants in (b) of this Article. (b) The name(s) of the managing partner(s) and the interest of each partner in the business. (c) A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minn. Stat. § 333.01, a certified copy of such certificate shall be attached to the application. 4 If the applicant is a corporation or other business organization or entity: (a) The name of the corporation or business entity, and if incorporated, the state of incorporation. (b) A true copy of the certificate of incorporation, articles of incorporation or association agreement, and by-laws shall be attached to the application. If the applicant is a foreign corporation, a certificate of authority as required by Minn. Stat. § 303.06, shall be attached. (c) The name of the manager(s), proprietor(s), owner(s), or other agent(s) in charge of the business and all of the information concerning each manager, proprietor, or agent that is required of applicants in (b) of this Article. 9 /56 (d) A statement detailing any felony convictions of the owners of more than five (5) percent of the interest in the entity and whether or not those owners have ever applied for or held a license to operate a similar type of business in other communities. E. Application execution and verification of information. If the application is that of a natural person, the application shall be signed and sworn to by that person; if of a corporation, by an officer thereof, if of a partnership, by one (1) of the general partners; if of an unincorporated association, by the manager or managing officer thereof. 2. The fee owner of the property on which the adult establishment is proposed to be located and operated shall sign the application before a notary public as to verify his/her approval of the application. 3. Applications for licenses under this article shall be submitted to the city clerk. Within thirty (30) calendar days of receipt of a completed application and payment of all licensing application fees, the city clerk and police chief or their designees shall verify any and all of the information requested of the applicant in the application including the ordering of criminal background checks, and conduct any necessary investigation to assure compliance with this article. The period for investigation may be extended fifteen (15) days by the city council if an out-of- state investigation is required. F. Application consideration. No later than thirty (30) calendar days after the completion of the license application verification and investigation by the city clerk, as prescribed in this Article, the city clerk shall grant or deny the license in accordance with this Article. If an application is granted for a location where a building is under construction or not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has been issued for the licensed premises. During the application consideration process prescribed herein, an applicant operating a business not previously subject to the license provisions of this article may remain operating pending the outcome of the application consideration. If the license is denied, the city clerk shall notify the applicant of the determination in writing. The notice shall be mailed by certified and regular mail to the applicant at the address provided on the application form. The applicant shall have the right to appeal the city clerk's determination to the city council. The applicant shall file a request for an appeal with the city clerk's office within twenty (20) calendar days of receipt of the notice of denial. If a request for an appeal to the city council is timely filed with the city clerk, a hearing before the city council shall take place within twenty (20) calendar days of the receipt of the request for an appeal by the city 10 1-5-7 clerk. The applicant's right to appeal or otherwise contest the city clerk's denial of the application shall be deemed waived by the applicant if the applicant fails to timely file a written request for appeal as required herein or fails to appear at the scheduled appeal hearing before the city council. The notice of denial shall advise the applicant of the applicant's right to request an appeal and the appeal request procedures. G. Fees. Application fee: (a) The annual license application fee shall be determined by City Council resolution. The license application fee shall be pro rated if the application is submitted for a license issuance before December 31 st. (b) The license application fee shall be paid in full before the application for a license is accepted. All fees shall be paid to the city clerk for deposit into the general fund of the city. Upon rejection of any application for a license or upon withdrawal of application before approval by the city clerk the license fee shall be refunded to the applicant. (c) When the license is for premises where the building is not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be ninety (90) days after approval of the license by the issuing authority or upon the date an occupancy permit is issued for the building. 2. Investigation fee: (a) At the time of each original application for a license, applicant shall pay, in full, an investigation fee, which shall be determined and set by City Council resolution. If any investigation outside the State of Minnesota is required, the applicant shall be charged the cost, not to exceed ten thousand dollars ($10,000.00), which shall be paid prior to issuance of a license, after deducting the initial application fee, whether or not the license is granted. (b) At any time an additional investigation is required because of a change in the ownership of any license or control of a corporate license, the licensee shall pay an additional investigation fee. The investigation fee shall be determined by city council resolution. If any of the additional investigation outside the State of Minnesota is required, the applicant shall be charged the cost, not to exceed ten thousand dollars ($10,000.00), which shall be paid after deducting the initial investigation fee. (c) At any time an additional investigation is required because an amendment to the license is required under this Article, the licensee shall pay an additional investigation fee as specified by City Council resolution. 11 (d) Fees for additional investigation required because of a change in the operating officer or proprietor or other agent in charge of the licensed premises shall be as specified by City Council resolution. H. Persons and locations ineligible for a license. The city clerk shall issue or renew a license under this Article to an applicant unless one (1) or more of the following conditions exist: The applicant is under the age of twenty-one (21) at the time the application is submitted; 2. The applicant failed to supply all of the information requested on the license application; The applicant or applicant's spouse is overdue in his/her payment of city, county or state taxes, fees, fines or penalties. 4. The applicant gave false, fraudulent, or untruthful information on the license application; The applicant, spouse, or anyone residing with the applicant has had an adult establishment license revoked or suspended or has been denied a license to operate an adult establishment within a one (1) year period immediately preceding the date the application was submitted; 6 The applicant or spouse has had a conviction of a felony or a gross misdemeanor or misdemeanor relating to sex offenses, obscenity offenses, or adult uses in the past five (5) years; 7. The operator or manager of the proposed licensed adult establishment is not eligible for a license pursuant to this Article; The spouse of the applicant is ineligible for a license pursuant to this article or the applicant is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. "Interest" shall have the meaning as defined in this Article; 9. The adult establishment does not meet all of the requirements prescribed in the City of Eagan Code, the City's Zoning Ordinance, Building Code, Fire Code and the city's health regulations, this article and all provisions of state and federal laws; 10 The premises to be licensed as an adult establishment is currently licensed by the city as an adult establishment, therapeutic massage enterprise, or an establishment licensed to sell alcoholic beverages; 12 1,59 11. The applicant has not paid the license and investigation fees required. 12. The fee owner of the property on which the proposed licensed premises is located has not signed or approved the license application. I. Renewal application. All licenses issued under this article shall be effective until December 31 st of the year of issuance: An application for the renewal of an existing license shall be submitted to the city clerk no later than 4:30 p.m. on November 1st of the year of issuance. 2. Within thirty (30) calendar days of receipt by the city clerk of a fully completed renewal application, the city clerk and chief of police or designee shall verify any and all of the information requested of the applicant in the renewal application, including the ordering of criminal background checks, and shall conduct any necessary investigation to assure compliance with this article. No later than thirty (30) calendar days after the completion of the renewal application verification and investigation as prescribed herein, the city clerk shall issue a renewal license unless one (1) or more of the conditions which is listed for denial of the license herein exists. 3 If the city clerk denies a renewal application, the city clerk shall notify the applicant in accordance with this Article and the notice shall, in addition, state the grounds for the denial. 4 After the denial of a renewal application by the city clerk, the applicant may appeal the city clerk's determination to the city council as provided for an initial denial of a license under this Article or by immediately challenging the determination in a court of law. If the city denies renewal of a license under this Article, the applicant shall not be issued a license under this Article for one (1) year from the date of denial. If, subsequent to the denial, the city finds that the basis for the denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the denial became final. J. General license requirements. Posting of license. A license issued under this article must be posted in a conspicuous place in the premises for which it is issued in order that it is plainly visible to all persons entering the premises. 2. Scope of license. A license issued under this article is only effective for the compact and contiguous space specified in the approved license application. 13 /6U Maintenance of order. A licensee and licensee's designated operator or manager under this article shall be responsible for the conduct of the business being operated and shall not allow any illegal activity to take place within or outside on the property of the licensed premises, including but not limited to prostitution, public indecency, indecent exposure, disorderly conduct, or the sale or use of illegal drugs. Every act or omission by an employee or independent contractor of the licensee constituting a violation of this article shall be deemed the act or omission of the licensee and licensee's operator or manager if such act or omission occurs either with the authorization, knowledge, or approval of the licensee, operator or manager, or as a result of the licensee's, operator's or manager's negligent failure to supervise the licensed premises. 4. Alcohol on licensed premises. No alcohol shall served or present on the licensed premises. K. Restrictions regarding license transfer. A license granted under this article is for the person and the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without complying with the requirements of an original application. 2. An adult establishment license under this Article shall terminate immediately upon the sale or transfer in ownership of the adult establishment business. Upon the sale or transfer, the licensee shall immediately notify the city clerk of the sale or transfer and the new owner or operator must immediately apply for a license under this article including payment of the investigation fee. L. Change in business entity ownership. Licenses issued to corporations shall be valid only so long as there is no change in the officers or ownership interest of the corporation, within the meaning of the term in this Code unless such change is approved by the council, in which event said license shall continue in force until the end of the then current license year. 2. License issued to any other business entity shall be valid only so long as there is no change in the partnership or association agreement or in the ownership of the entity unless such change is approved by the council, in which event said license shall continue in force until the end of the then current license year. Any business entity holding an adult establishment license shall submit written notice to the clerk of any such changes described herein on or before sixty (60) days prior to the effective date of any such change and pay any fee required by this Article. Notwithstanding the definition of "interest" as given in this Code, in the case of a corporation, the licensee shall submit written notice to the clerk when a person not listed in the application will be acquiring an interest and shall give all 14 information about said person as is required of a person pursuant to the provisions of this chapter. 4. Corporations holding an adult establishment license shall submit written notice to the clerk of any change in operating officers within ten (10) days of such change. The written notice shall designate the interim operating officer and shall contain all the information about said person as is required of a single applicant in this Article. The operating officers shall be subject to the investigation required by this Article. Investigation fees shall be as determined by the city council pursuant to this Article. 5. The designation of a new operating officer or manager shall not cause the corporation's license to become invalid before a decision is rendered by the city council provided proper notice and application are made pursuant to this Article. A proposed new operating officer shall be referred to as the interim operating officer. In the event an interim operating officer is rejected by the city clerk, the corporation shall designate another interim operating officer and make the required application pursuant to this Article within fifteen (15) calendar days of the council's decision. M. Change in building, premises and character of business. An application for approval of any proposed enlargement, change in character of the establishment or extension of premises previously licensed shall be made to the clerk before the time application is made for a building permit for any such change. Any additional fee required by the fee provisions of this Article shall be paid at the time of application if the enlargement, substantial alteration or extension requires an amendment to the license. The change shall not be allowed unless the city clerk approves an amendment to the license prior to the issuance of any building permit. N. Restrictions regarding hours of operation. A licensed premise shall not be open for business to the public during the hours of 1:00 a.m. to 8:00 a.m. and no person other than a licensee's bonafide employees shall be in the licensed premises between the hours of 1:00 a.m. and 8:00 a.m., provided no employee of the licensee shall be in the premises more than 75 minutes after 1:00 a.m. or before 8:00 a.m. O. Restriction regarding minors. No licensee shall allow minors to enter the licensed premises. The licensee shall request proof of age of all persons entering the licenses premises. Proof of age may be established only by: a valid driver's license or identification card issued by Minnesota, another state, or a province of Canada; a valid military identification card issued by the United States Department of Defense; or in the case of a foreign national from a nation other than Canada, a valid passport, all of which shall include the photograph and date of birth of the person to be identified. 15 P. Restrictions regarding sanitation and health. Partitions facilitating sexual activity. A licensee under this article shall not allow any partition between a subdivision, portion, or part of the licensed premises having any aperture which is designed or constructed to facilitate sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region or pubic hair, buttocks, or female breast between persons on either side of the partition. 2. Restrictions on booths, stalls, and partitions. A licensee under this article shall not allow or have on the licensed premises or adjoining areas any booths, stalls, or partitions used for the viewing of motion pictures or other forms of entertainment, including but not limited to live entertainment that have doors, curtains, or portal partitions, unless such booths, stalls, or partitions have at least one (1) side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. Such areas shall be lighted in a manner that the persons in the area used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms. No reclining surfaces inside any booths, stalls, or partitions used for the viewing of motion pictures or other forms of entertainment including but not limited to live entertainment shall be permitted. Distance requirement for live adult entertainment. All performers, dancers, and persons providing live entertainment distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas in the licensed facility or in areas adjoining the licensed facility where such entertainment can be seen by patrons of the licensed facility shall remain at all times a minimum distance of ten (10) feet from all patrons, customers, or spectators and shall dance or provide such entertainment on a platform intended for that purpose, which shall be raised at least two (2) feet from the level of the floor on which patrons or spectators occupy. 4 Interaction with patrons. No dancer, performer, or person providing live entertainment distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas in the licensed facility or in areas adjoining the licensed facility where the entertainment can be seen by patrons of the licensed facility shall fondle or caress any patron or spectator. 5. Authority of health inspectors. City staff or designees shall have the authority to inspect or cause to be inspected the licensed premises and adjoining areas in order to ascertain sources of infection or reduce the spread of communicable diseases. Such officials shall have the authority to issue appropriate orders to the licensee regarding health and sanitation. 6. Limitation on number of persons in partitioned areas. Any booths, stalls, or partitioned portions of a room or individual rooms used for the viewing of motion 16 /�3 pictures or other forms of entertainment including but not limited to live entertainment shall not be occupied by more than one (1) person at a time. 7. Duty to supervise. The licensee shall not permit specified sexual activities as defined herein to take place on the premises and shall have an affirmative duty to supervise the licensed premises and prevent such activities. Q. Right of inspection. Prior to issuance of an initial license or renewal license, a police officer, building inspector or a city designee must inspect the premises for compliance with this Article and applicable building and health codes. Any police officer, building inspector or any properly designated officer or employee of the city shall have the unqualified right to enter, inspect and search the premises of any licensee hereunder at any time without a warrant. R. License and criminal violations. Suspension. The city council may suspend a license issued pursuant to this article for up to sixty (60) days if the city council determines that a licensee or the licensee's designated operator or manager has committed the following: (a) Fraud, misrepresentation, or false statement contained in a license application or a renewal application. (b) Fraud, misrepresentation, or false statement made in the course of carrying on the licensed occupation or business. (c) Any violation of this article. (d) A licensee's criminal conviction that is directly related to the occupation or business licensed as defined by Minnesota Statutes, Section 364.03, Subd. 2, provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or business as defined by Minnesota Statutes, Section 364.03, Subd. 3. (e) Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community. 2. Revocation. The city council may revoke a license if the city council determines that: (a) The licensee's license was suspended in the preceding fourteen (14) months and an additional cause for suspension as detailed in (a) above is found by the city council to have occurred within the fourteen -month period, 17 (b) The licensee gave false or misleading information in the material submitted to the city during the application process; (c) A licensee or an employee or independent contractor of the licensee has knowingly allowed possession, use, or sale of controlled substances on the premises; (d) A licensee or an employee or independent contractor has knowingly allowed prostitution on the premises; (e) A licensee violated any of the provisions of Minnesota Statutes Section 617.241--617.299 relating to the illegal distribution, possession, or sale of obscene materials; (f) A licensee or an employee knowingly operated the adult establishment during a period of time when the licensee's license was suspended; (g) A licensee or licensee's operator or manager has been convicted of an offense listed in this Article for which the time period required has not elapsed, (h) On two (2) or more occasions within a twelve-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in this article for which a conviction has been obtained, and the person or persons were employees or independent contractors of the licensee at the time the offenses were committed; (i) A licensee or an employee or independent contractor of the licensee has knowingly allowed specified sexual activities to occur in or on the licensed premises; or (j) A licensee is delinquent in payment to the city, county, state or federal governments for hotel occupancy taxes, ad valorem taxes, sales taxes, or other financial obligations. Hearing procedures. A revocation or suspension shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least eight (8) days notice of the time and place of the public hearing and shall 'state the nature of the charges against the licensee. The notice shall be mailed to the licensee at the most recent address listed on the application. 4. Any act enumerated as a grounds for suspension or revocation shall constitute an unlawful act and violation of this Article. l&I 16.5 S. Criminal penalty. A violation of this article shall be a misdemeanor under Minnesota law. The city may also pursue injunctive remedies. T. Severability. If any section, subsection, sentence, clause or phrase of this Article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Article. The city council hereby declares that it would have adopted the article and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases be declared invalid. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City. Code Including Penalty for Violation"' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. , Section 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: 19 166 RESOLUTION NO. 97 - CITY OF EAGAN, MINNESOTA A RESOLUTION AUTHORIZING PUBLICATION OF A SUMMARY ORDINANCE WHEREAS the City Council has reviewed the attached summary ordinance as required by Minnesota State Statutes Section 412.121, Subd. 4; and WHEREAS the City Clerk has on file a complete copy of the text for public review. THEREFORE, BE IT RESOLVED that the Eagan City Council does approve the attached summary of ordinance for publication. This resolution passed this day of , 1997, by the City Council of the City of Eagan, Minnesota. By: Thomas A. Egan, Mayor Attest.- E.J. ttest: E.J. VanOverbeke, City Clerk For: Against: Ik 7 The following is the official summary of the following ordinances as approved by the City Council of Eagan on . 1997: ORDINANCE NO. SECOND SERIES An ordinance of the City of Eagan, Minnesota, amending Eagan City Code Chapter 11, entitled "Land Use Regulations (Zoning)," by amending Section 11. 10, Subd. 1 to add Business Park (BP) to the list of zoning classifications and by amending Section 11.20 to add adult establishments as a permitted use in Limited Industrial, Research and Development and Business Park districts. Copies of the entire text of these ordinances and amended chapters are available for inspection by any person during normal business hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, MN 55122. Effective date. This ordinance shall take effect upon its passage and publication. Agenda Information Item December 16,1997 Eagan City Council Meeting E. PRELIMINARY SUBDIVISION - CAIN ADDITION - JON PAUL HERBST ACTION TO BE CONSIDERED: • To approve or deny a Preliminary Subdivision (Cain Addition) for 2 lots located on approximately .6 acres, west of Sibley Hills Drive, north of Skyline Drive, and east of Rustic Hills Drive in the NE 1/4 of Section 33. FACTS: • The Advisory Planning Commission (APC) recommended approval of this item at its November 25, 1997 meeting. No one from the public spoke at the public hearing. ISSUES: • A neighbor abutting the proposed subdivision to the north contacted the City following the public hearing regarding this matter. The neighbor is concerned about the possibility of a two-story house being located on the newly created lot. BACKGROUND: APC minutes - pages 0 - n /. Planning report - pages/ - Page 11 November 25, 1997 ADVISORY PLANNING CONMISSION PRELIMINARY SUBDIVISION - CAIN ADDITION JON PAUL HERBST Commission Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision (Cain Addition) consisting of 2 lots on .59 acres located, east of Rustic Hills Drive, west of Sibley Hills Drive and north of Skyline Drive in the SW'/4 of Section 4. Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in City staffs planning report dated November 19, 1997. Ms. Tyree noted the background and history, the surrounding uses and the existing conditions of the subject property. Ms. Tyree noted that the proposed subdivision is consistent with existing single-family residential development in the area and that both lots exceed the minimum area requirement. The applicant noted his appearance and that he was available to answer any questions. Member Miller noted that the proposal met the City Code requirements. Member Miller moved, Member Segal seconded, a motion to recommend approval of a Preliminary Subdivision (Cain Addition) consisting of 2 lots on .59 acres located, east of Rustic Hills Drive, west of Sibley Hills Drive and north of Skyline Drive in the SW%4 of Section 4, 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, B1, B2, C1, D1, E1, F1, G1, and H1. Platting 2. The property must be platted. Tree Preservation 3. An individual Lot Tree Preservation Plan will be required for Lot 2 at the time of building permit application. � �o Page 12 November 25, 1997 ADVISORY PLANNING CONMISSION 4. To require that Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved during the site development. 5. To require that the applicant contact the City Forestry Division at least five days prior to the issuance of grading permit to ensure compliance with the approved Tree Preservation Plan. Water Qualim, 6. The developer will be subject to a cash water quality dedication based on the size of the undeveloped lot - Lot 2 (12,222 s.f.). Park Dedication 7. The developer shall be responsible for a cash park and trail dedication for the newly created lot. All voted in favor (Members Carlson and Bakken were absent). 121 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 19, 1997 APPLICANT: Jon Paul Herbst PROPERTY OWNER: Jon Paul Herbst REQUEST: Preliminary Subdivision (Cain Addition) CASE: 4 -PP -25-10-97 HEARING DATE: Nov. 25, 1997 PREPARED BY: Shannon Tyree LOCATION: 2890 Skyline Drive (Lot 1, Block 1, Post Addition) COMPREHENSIVE PLAN: D -I, Single Family (0-3 units/acre) ZONING: R-1, Single Family SUMMARY OF REQUEST Jon Herbst is requesting a Preliminary Subdivision (Cain Addition) consisting of 2 lots on .59 acres located, east of Rustic Hills Drive, west of Sibley Hills Drive and, north of Skyline Drive in the SWIA of Section 4. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto:" A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of the development. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. / ?a Planning Report - Cain Addition November 25, 1997 Page 2 F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUND/HISTORY Fred Post originally subdivided Post Addition in 1949. According to information provided by the County, the existing home was built in 1951. EXISTING CONDITIONS There is an existing house located on the west half of the property, currently Lot 1, Post Addition. The property is open on the east side of the site with approximately 15 significant trees scattered mostly around the perimeter of Lot 2. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Post Addition, single-family homes; zoned R-1; guided D -I. South - Ridgehaven Acres, single-family homes; zoned R-1; guided D -I. East - Post Addition No.2, single-family homes; zoned R-1; guided D -I. West - Highway #13, Union Pacific Railroad and Fort Snelling State Park. 123 Planning Report - Cain Addition November 25, 1997 Page 3 EVALUATION OF REQUEST Compatibility with Surrounding Area - The proposed subdivision is consistent with the existing single family residential in the area and with the zoning designation. Lots - Lot 1 is proposed to be 13,800 s.f and lot 2 is proposed to be 12,222 s.f. Both exceed the minimum area requirement. Setbacks - Lot 2 is of sufficient size and shape to be developed without setback variances. Grading=/ Wetlands: The site slopes to the west and is lightly wooded. Minimal grading will be needed to prepare Lot 2 for house construction and will be accomplished at time of building permit for that lot. There are no jurisdictional wetlands within this parcel. Storm Draina.,ze - The storm sewer system currently in place will accommodate runoff from this development.y Water Quality: The development should be subject to a cash dedication based on the size of the undeveloped lot for water quality. Utilities: Existing sanitary sewer and water main of sufficient size, depth, and capacity is available within Sibley Hills Drive for service connection to the proposed house on Lot 2. The existing house on Lot 1 takes sanitary sewer and water service from existing utilities in Rustic Hills Drive and Skyline Drive. Streets/Access/Circulation: Lot 1 currently takes street access onto Skyline Drive to the south. Lot 2 is proposed to take public street access onto Rustic Hills Drive to the east. Tree Preservation - There are 15 significant trees located on Lot 2. It appears, based on their location, five crab trees will be removed during house construction. The large conifers located on the site are in locations where no grading will be necessary. A tree preservation plan will be required with the submission of a building permit. Parks and Recreation - Parks and trails dedication should be fulfilled through a cash dedication. SLTMAIARY/CONCLUSION Jon Paul Herbst is requesting approval of a Preliminary Subdivision for two lots on .59 acres on the existing Lot 1, Post Addition. The proposed lots meet or exceed the minimum lot size, area and width requirements. / 71zl Planning Report - Cain Addition November 25, 1997 Page 4 ACTION TO BE CONSIDERED To recommend approval or denial of the proposed two -lot subdivision (Cain Addition) located in the SW 1/4 of Section 4 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, Cl, D1, E1, F1, G1, and H1. Platting 2. The property must be platted. Tree Preservation 3. An individual Lot Tree Preservation Plan will be required for Lot 2 at the time of building permit application. 4. To require that Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved during the site development. 5. To require that the applicant contact the City Forestry Division at least five days prior to the issuance of grading permit to ensure compliance with the approved Tree Preservation Plan. Water Quality 6. The developer will be subject to a cash water quality dedication based on the size of the undeveloped lot - Lot 2 (12,222 s.f.). Park Dedication 7. The developer shall be responsible for a cash park and trail dedication for the newly created lot. 12-5- STANDARD CONDITIONS OF PLAT APPROVAL A. FinancialObligations This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Wav 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights -of --way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water!2uality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: -August 25, 1987 LTS#5 STANDARDLON /77 City Council September 15 1987 Revised: July 10, 1990 Revised: February 2 1993 FINANCIAL OBLIGATION — Cain Addition There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. 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 proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Sanitary Sewer Trunk S.F. $830.1ot 1 $ 830 Water Trunk S.F. 865/lot 1 865 Storm Sewer Trunk S.F. .079 sq ft 26,022 sq ft 2,056 Total 12 751 12t Location Map �L ■ - - .� ...■.■■. J11■■111■► '� � ■■i�■■ ■■ ,ter► �. ■��■■■;C:III IllIN / ■..��.���,�, 111111.x,, .' .�►.in iii ■ire r I �► ��1■�■ it �■ : ■ MIEN ■ r� �� ill �•� .. =. INIONIM1111 as IN MINN ►►�■�ill'11 B00 0 800 Feet Jon Herbst 2890 Skyline Drive Preliminary Subdivision Case No. 04 -PP -25-10-97 /%,+E City of Eagan Community Development Department pi V.4 how LN • ►N 001'1!:10 �._.._ -sw ■■■■a ■rri■■ .. Y1MBE ■■■ ��ki.m 4 0 N 41 F-� a mW Mimi al�llkla Mop Amm i Moll M N-illom■so slio-S, aP'Womm mom - --R- AW -mmimm -. mmomm • 651 Sheet 1 of 2 190/14 DELMAR H. SCHWANZ P9709 LAND 5UPWV003. wC a+evrww ur. ra.. r tft area w h- r 14760 SOUTH ROBERT TRAIL ROSEMOUNT. MINNESOTA SSM 512/423.1765 SURVEYOR'S CERTIF.CATE 1 if le SCALE; 1 INCH 30 FEET • iRGrl FIDE. n01iu4Eli7 QQ NORTH LINE LOT 1. POST A3017101 co S 89'56'57' E 214.07 116 AD _ _ n 10 r �5 Si DRAINAGE i UTILITY EAiEOIv4ys --- 1 % SHED 30 ,� 1 _ �b.ss � M► Cr ``6 ti + /IUP � � � �/ � • O �/ 10 K7 40 � 128.73 o o -- � —. 0 30 213.73 S 90.00.00• w ------------SKYE--NE --- Preliminary Plat: GIN ADDITION Owner/Developer Paul Herbst 2890 Skyline Drive Fagan, HN 55121 85.00 r i i o , Tel. 452-2862 LEgal Description: Lot 1, POST ADDITION Irlsting and Proposed Zoning: Single Family Residential Total Area: 26,022 square feet Lot 1 13,800 square feet Lot 2 12,222 square feet Notes: I. $:irf 1 house and 11'3 gc.rage on pIopoposed Lot 1. 2. Area is served by city .rater and sanitary and storm :a%aer 3. No site grading to be done until permit application for Lot 2. 1 heraby certify that this Survey. Plan. or row was / 01 -Poled by One or under my direct supervision and IMI I am a duly 1`10061s,00 Land Surveyor under Ohl Ii^rs of IM Ste%of Minnesota. /J rlt,-lg-O7 �( RECEIVED OCT 1 3 1997 Delmar H. Schwan onad - / v [` Minnesota Registration No. 5629 I 'o • e r c� I o \ �♦ti N N N W I o Z i w e' I _J F- z O ' co fA CUl z Za J c 2 W D 0 0 L � a 'o • e r c� I o \ Z W I o Z O w e' I ISE' W Q � � a fA CUl z E J c 2 W D 0 0 5 � e0 M • � r w � ¢ i o c � r ` t T C G i Y 9 J =E�c V T 2E I `_055 0 LJL J4 DELMAn H. SC14WANZ 1147M BOUT14 MM9fAT InAlt "MSFO1.1.1-41 LOINFIF.;OIASSNO 012,423,1769 SLInVE% 9n 1 (-rii ijr.rAYE FINANCIAL OBLIGATION LEGEND (Sanitary Sewer Trunk t Water Trunk Opp\ X/ Storm Sewer Trunk vanni LINE LOT 1. I'M' 7 W 59'57' E 5- .t! 1 10 FEr7 do.. , In 'V!.q :1 ei.i. , .1 S 90' Oil 00" SKYLINE DnjVE -- C6 1'1�1 IMIF1 It 'i VI 11 CAIN A171111,71 Pall] 14-11z I 21190 Sk,11T­ III ' I . 41;2 21162 RR,jan, ??I Ir -1.11 Is ­-, 11.4 .,Mt. Il'i 1 11-1 -!!.1 7r,!Illrl: % id 11 ,I),fal Al. -a! 2(,,n22 t-1 1 13.800 7 12,222 1411 rn: 1. r*, i -t i ly; tm%r art.] 1i iry, r , i,t i -i,­j t ni I h I ,.-I is nervrd by city vo -.,.limy •,lki at, T. Er -..T -r No site grading to In &)Tir. nn, I I 1• rmlI ,jrj)j ical ion r(q 1& 2 I hil,libi ""ify that this aw"Ir. Vial. m lispillf s8 Pleralild by M.' w undo, my Owl s.,lisMilio. end MSI I -M & duly 1160019100 told Sw-VO, u-6. tM Ito sista Is" 0; of Dal" alift—pri• a r - a Agenda Information Memo December 16,1997, Eagan City Council F. PRELIMINARYSUBDIVISION AND PLANNED DEVELOPMENT AMENDMENT — RAHN RIDGE THIRD ADDITION (NEW ULM ENTERPRISES, INC.) ACTION TO BE CONSIDERED: > To approve or deny a Preliminary Subdivision (Rahn Ridge Third Addition) consisting of two lots on 2.42 acres currently platted as Lot 2, Block 1, Rahn Ridge Second Addition, subject to the conditions listed in the Planning Commission minutes. > To approve or deny a Planned Development Amendment to allow a 13,248 square foot office building on proposed Lot 1 and off-site off-street parking as a principal use on proposed Lot 2, Block 1, Rahn Ridge Third Addition. Approval of the Planned Development Amendment will create a new Preliminary Planned Development for both Lots 1 and 2 subject to the conditions listed in the Planning Commission minutes. FACTS: > The proposed subdivision would create two lots of 1.4 acres (Lot 1) and one acre (Lot 2). A 13,248 square foot office building is proposed for Lot 1, and off-site off-street parking serving the nearby Hilton Garden Inn and Holiday Inn Express hotels is proposed for Lot 2. > The existing planned development for this property was approved and the agreement executed in 1996. The owners have submitted two proposals this year for amending the planned development and both included a smaller office building than was approved in 1996. The first, to allow construction of a motel on the northerly portion of the site, was denied by Council action on July 15, 1997. The second, to allow a medical/dental clinic on the northerly portion of the site, was approved by Council action on October 21, 1997. > The office building is proposed to be similar in architecture to the existing office building south of this site. > The Advisory Planning Commission held a public hearing on November 25, 1997. The APC recommended approval of the Preliminary Subdivision and Planned Development Amendment. ISSUES: > The proposed off-site parking does not satisfy the first condition in the ordinance, which requires that the dominant parcel cannot physically accommodate the parking need of the principal use (Hilton and Holiday Inn Express). Although the other conditions appear to be met, staff remains concerned about security, pedestrian and property safety, and highest and best use of the property. ��s > The office use is consistent with the LB designation of the property. Outstanding items include execution of cross easements for joint access and parking and submittal of a site lighting plan. ATTACHMENTS: November 25, 1997 APC Minutes, pages Y 9 through fo Staff Report, pages[ through /�6 Page 13 November 25, 1997 ADVISORY PLANNING CONMESSION PLANNED DEVELOPMENT AMENDMENT & PRELIMINARY SUBDIVISION - RAHN RIDGE ASSOCIATES Commission Chair Heyl opened the next public hearing of the evening regarding a Preliminary Subdivision of the 2.42 acre parcel into two lots and a Planned Development Amendment to allow off-site, off-street parking as a principal use on one of the lots. The property is currently platted as Lot 2, Block 1, Rahn Ridge 2nd Addition and is located at the southwest corner of Rahn Way and Rahn Cliff Road in the NE'/4 of Section 31. 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 the staffs concerns regarding using proposed Lot 2, Block 1, Rahn Ridge 3rd Addition as a parking lot for its principal use and its compatibility with the surrounding area. Randy Hedlund on behalf of the applicant explained the evolution of development schemes for the property. Mr. Hedlund identified the need for parking in the surrounding area and believed the parking would provide a service for the Holiday Inn Express and Hilton Garden Inn. Member Frank questioned the applicant about security and lighting for the parcel. Joe Vogel on behalf of Holiday Inn Express stated that the applicant intended to comply with City lighting requirements and that the hotels have a full-time security staff that would patrol the parking lot. In response to a question by Member Burdorf, Mr. Vogel indicated that the lot would be available for general parking by the public. However, the - security staff will be able to monitor which cars are associated with the hotels and how long they have been parked on site. Member Burdorf inquired of staff as to the existence of other lots that are designed for parking only. Mr. Ridley identified three existing lots that have been permitted by the City. Member Miller moved, Member Frank seconded, a motion to recommend approval of a Preliminary Subdivision of the 2.42 acre parcel into two lots. The property is currently platted as Lot 2, Block 1, Rahn Ridge 2nd Addition and is located at the southwest corner of Rahn Way and Rahn Cliff Road in the NEV4 of Section 31, subject to the following amended conditions: lf� Page 14 November 25, 1997 ADVISORY PLANNING CO"vUSSION Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: A 1, B 1, C 1, C2, C4, D 1, and E 1. 2. The property shall be platted. Easements 3. A joint parking easement is required between a) proposed Lots 1 and 2, and b) proposed Lot 2, and the Hilton and Holiday Inn properties. A joint access easement shall also be provided between proposed Lots 1 and 2, Rahn Ridge 3rd Addition and Lot 1, Block 1, Rahn Ridge 2nd Addition. These easements shall be submitted to the city attorney for review and approval prior to final subdivision approval and shall be recorded with the plat. Parks and Recreation 4. Water quality mitigation shall be met through a cash dedication in lieu of on-site ponding. 5. Parks and trails dedications shall be fulfilled through a cash dedication. All voted in favor. Member Miller moved, Member Frank seconded, a motion to recommend approval of a Planned Development Amendment to allow off-site, off-street parking as a principal use on one of the lots. The property is currently platted as Lot 2, Block 1, Rahn Ridge 2nd Addition and is located at the southwest corner of Rahn Way and Rahn Cliff Road in the NEI/4 of Section 31, subject to the following amended conditions: 1. A Preliminary Planned Development Agreement shall be executed prior to final subdivision approval. The Agreement shall be recorded at the County Recorder's office with the plat. 2. The term of the Preliminary Planned Development shall be five years. 3. The following exhibits are required for the Planned Development Agreements: Page 15 November 25, 1997 ADVISORY PLANNING CON IISSION Preliminary Planned Development: Preliminary Site Plan Preliminary Landscape Plan Preliminary Building Elevations Final Planned Development: Final Site Plan Final Landscape Plan Final Building Elevations Final Site Lighting Plan 4. All building, parking/drive aisles, and landscaped areas shall be properly maintained. 5. A joint parking easement is required between a) proposed Lots 1 and 2, and b) proposed Lot 2, and the Hilton and Holiday Inn properties. A joint access easement shall also be provided between proposed Lots 1 and 2, Rahn Ridge 3rd Addition and Lot 1, Block 1, Rahn Ridge 2nd Addition. These easements shall be submitted to the city attorney for review and approval prior to final subdivision approval and shall be recorded with the plat. Trash Enclosure 6. All trash/recycling containers shall be stored within the principal buildings or shall be within an enclosure attached to the principal structure, consistent with City Code requirements. Landscaping 7. Prior to final subdivision approval, the landscape plan shall be revised to include grading contours. Architecture/Building Elevations 8. The office building on Lot 1, Block 1, Rahn Ridge 3rd Addition shall be constructed with exterior materials of brick and asphalt shingles with a gable roof. The exterior materials shall be compatible with that of the existing office building on Lot 1, Block 1, Rahn Ridge 2nd Addition. Signage 9. One ground sign not exceeding seven feet in height is allowed for Lot 1. All signage shall comply with City Sign Code provisions for location, size, setbacks and height. Page 16 November 25, 1997 ADVISORY PLANNING CONMISSION Lighting 10. A detailed site lighting plan including photometrics shall be submitted prior to Final Planned Development approval. For security reasons, lighting shall not be less than one footcandle throughout the parking lot. Parking lot light fixtures shall be shielded and directed away from adjacent property. All voted in favor. /90 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 19, 1997 APPLICANT: Rahn Ridge Associates and New Ulm Enterprises Inc. PROPERTY OWNER: Rahn Ridge Associates CASE: 31 -PP -27-10-97 31-RZ-28-10-97 HEARING DATE: November 25, 1997 PREPARED BY: Pamela Dudziak REQUEST: Preliminary Subdivision (Rahn Ridge 3' Addition) Planned Development Amendment LOCATION: Southwest Corner of Rahn Way and Rahn Cliff Road (NE'/4 of Sec. 31) COMPREHENSIVE PLAN: LB - Limited Business ZONING: PD — Planned Development SUMMARY OF RE UEST Rahn Ridge Associates is proposing a Preliminary Subdivision of the 2.42 acre parcel into two lots and a Planned Development Amendment to allow off-site off-street parking as a principal use on one of the lots. The property is currently platted as Lot 2, Block 1, Rahn Ridge 2nd Addition and is located at the southwest corner of Rahn Way and Rahn Cliff Road in the NE '/4 of Section 31. AUTHORITY FOR REVIEW Preliminary Subdivision City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage Planning Report — Rahn Ridge Yd Addition November 25, 1997 Page 2 and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." The City Code allows off-site off-street parking as a principal use on a parcel with a conditional use permit. Since this property is within a Planned Development, the request will be evaluated using the same criteria as for a conditional use permit, but is considered a part of the development proposal for this Planned Development. Performance standards that apply to the evaluation of a conditional use permit for off site off-street parking are outlined in Section 11.10, Subd. 12.1. These are reviewed more closely under the Evaluation of Request section of this report. Planning Report — Rahn Ridge Yd Addition November 25, 1997 Page 3 City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following regarding conditional use permits: 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. 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. BACKGROUNDIHISTORY The subject site was originally a part of the Mission Hills South Planned Development (approved June 1977 for a term of 15 years) that consisted of mixed residential and commercial land uses. Although the PD has expired, the city has not taken action to terminate the agreement. / /r3 Planning Report — Rahn Ridge 3rd Addition November 25, 1997 Paye 4 The southern portion of the PD consists of single family and duplex development. On September 3, 1985, the City Council approved the Rahn Ridge preliminary plat for the Cedar Ridge Church and 25 duplex lots within the PD. The remaining undeveloped property within the PD (2.42 acre Lot 2, Block 1, Rahn Ridge 2nd Addition) was designated for Limited Business uses and this portion of the PD is currently guided Limited Business in the city's Comprehensive Guide Plan. In May of 1996, an amendment to the Mission Hills South PD was approved. The amendment called for two office buildings. As a result, a 11,800 s.f office building was constructed on Lot 1, Block 1, Rahn Ridge 2" Addition, and a 20,250 s.f office building was approved for this site (Lot 2, Block 1, Rahn Ridge 2nd Addition) but has not been constructed. Rahn Ridge Associates submitted a proposal in June of this year which included a subdivision of the site into two parcels, an amendment to the PD to allow construction of a 38 -unit motel, and a Comprehensive Guide Plan Amendment to CPD, Commercial Planned Development. The Comprehensive Guide Plan and PD Amendments were denied, and consequently, the Preliminary Subdivision that accompanied the request also was denied. Later, the owners submitted a revised proposal that included a 6,000 s.f medical/dental clinic and a 13,248 s.f office building which was approved by the City Council in October. If this latest proposal is approved by the City, it would replace the previously approved plan. EXISTING CONDITIONS The site is flat and the majority slopes gently to the south. The site was graded with previous development and is open with no significant vegetation. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North — Rahn Cliff Learning Center, pond, and Walgreen Drug Store, zoned Planned Development (PD) and guided Commercial Planned Development (CPD) South - Office building, zoned Planned Development (PD) and guided Limited Business (LB); Residential, zoned Planned Development (PD) and guided D -II Mixed Residential (0-6 units/acre); Kettle Park, zoned Public Facilities and guided Public. East - Commercial including Dairy Queen, Holiday Inn Express and Green Mill, zoned Planned Development (PD) and guided Commercial Planned Development (CPD). West - Cedar Ridge Church, zoned Planned Development (PD) and guided Public Facilities. Planning Report — Rahn Ridge Yd Addition November 25, 1997 Page 5 EVALUATION OF REQUEST Description of Request - A Preliminary Planned Development for this site was approved in 1996 and it amended the Mission Hills South Planned Development. The 1996 Preliminary Planned Development identified a 20,250 s.f. office building to be constructed on this site. Subsequently, a Final Planned Development Agreement was executed for this site, but construction has not occurred. The applicants are proposing a Preliminary Subdivision of the 2.42 acre parcel into two lots and a Planned Development Amendment to allow construction of a 13,248 square foot office building on the northerly lot and a 115 -stall parking lot on the southerly lot that would serve the nearby Holiday Inn Express and Hilton Garden Hotels. The Planned Development Amendment proposes to amend the existing Final Planned Development on this site by creating a new Preliminary Planned Development for both proposed Lots 1 and 2. If approved, the previous plans for the medical/dental clinic and office building would be withdrawn. Comvatibilit,,� with Surroundin Area — The adjacent properties east of this site are developed with commercial uses including a hotel, restaurants and various retail and service facilities. South of the site is an office building, park and single- and two-family residential development. To the west is a church. For this site between higher intensity commercial development to the east and the church and nearby residential uses west and south, the office and clinic uses appear to be an appropriate transition consistent with the Limited Business designation of this property. Preliminary Subdivision Lots — The proposed subdivision consists of two lots and a total of 2.42 acres. The northerly lot, Lot 1, is proposed to be 1.42 acres in area and Lot 2, the southerly lot, is proposed to be one acre. Site Plan — The site plan shows a future 13,248 square foot office building on Lot 1, and a 115 - stall parking lot on Lot 2. The building proposed for Lot 1 is of the same architectural style and similar exterior materials as the existing adjacent office on Lot 1, Block 1, Rahn Ridge 2nd Addition. Setbacks — Although the Zoning Code does not have specific setback requirements for a Planned Development, both buildings appear to meet or exceed standard setback requirements which would be applied to the office use in other zoning districts. Parking areas satisfy the minimum 20 foot setback from the public right of way and five feet from side and rear property lines. Landscaping — The preliminary landscape plan appears to provide adequate screening of parking lot areas. The grading plan shows berming between the parking lot and the public streets. The landscape plan should be revised to show grading contours. The proposed landscaping adjacent to the public streets is almost exclusively evergreen trees and deciduous overstory trees. Staff suggests that some of the trees be replaced with shrubs to provide some height variation. Planning Report — Rahn Ridge 3' Addition November 25, 1997 Page 6 The City Code requires that parking lots with 50 or more stalls must contain islands consisting of not less than 5% of the parking lot area. The proposed parking lot does not incorporate islands within the parking lot as required by City Code. This no -island design maximizes the number of parking stalls, reduces the cost of the parking lot, and facilitates snow plowing. The purpose of this provision is to visually break up expanses of asphalt, to provide safe and efficient traffic movement and to define rows of parking. The plans should be revised to include parking lot islands as required by City Code. Grading /Wetlands - The preliminary grading plan is acceptable. A majority of the site gently slopes toward the south. The site was graded with previous development and is open. There are no jurisdictional wetlands within the development site. Storm Drainage/Water Quality; - The preliminary storm drainage plan is acceptable. Storm sewer was stubbed to serve this site with the Rahn Ridge 2nd Addition development. This development is located in drainage basin A, upstream of Cliff Lake. A portion of the development will discharge runoff to an existing detention basin north of the proposed development, with the remainder discharged through a storm sewer system to Pond AP -44 to the south that already receives runoff from I -35E. Because of the small size of the development, a cash dedication in lieu of on-site ponding is recommended. Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water main are available for this development from Rahn Cliff Road. Streets/Access/Circulation - Access for Lot 1 is proposed through a driveway at the southwest corner of the lot onto Rahn Cliff Road and through a driveway at the northwest corner of the lot onto Rahn Way. Access to Lot 2 is proposed through a driveway to Rahn Cliff Road which is shared with the existing office building. The southerly shared access will also provide driveway access for the future expansion of the existing church parking lot directly to the west. Two parking lot connections between proposed Lots 1 and 2 are provided. Easements - A joint parking easement is required between a) proposed Lots 1 and 2, and b) proposed Lot 2, and the Hilton and Holiday Inn properties. A joint access easement also should be provided between proposed Lots 1 and 2, Rahn Ridge 3' Addition and Lot 1, Block 1, Rahn Ridge 2nd Addition. These easements should be submitted to the city attorney for review and approval prior to final subdivision approval and should be recorded with the plat. Tree Preservation — There are no significant trees or woodlands on the property. Parks and Recreation — Park and trail dedications should be fulfilled through a cash dedication. Planned Development Amendment Proposed Use — The applicants propose a 13,248 square foot office building on the northerly lot, and a 115 -stall parking lot on the southerly lot that would serve the nearby Holiday Inn Express l FL Planning Report — Rahn Ridge 3`d Addition November 25, 1997 Page 7 and Hilton Garden Hotels. Staff has concerns regarding the parking lot as a principal use, compatibility with the surrounding area (i.e. security, lighting, highest and best use, etc.) and for the safety of pedestrian movement to and from the lot to either of the hotels. Emmett Erpelding, General Partner of Holiday Inn Express & Suites, and 50% owner of Hilton Garden Inn (New Ulm Enterprises, Inc.) has submitted a letter explaining their proposal to establish off site off-street parking on proposed Lot 2. According to the applicant, changes in airport facilities policies have created increasing demand for long-term parking outside the airport. The proposed parking lot is an expansion of services provided by the two hotels. The hotels would provide shuttle service to and from the airport to customers who also stay at the hotels before or after a flight. It is the applicant's belief that this expansion of service would benefit the two hotels, and that the consequent success of the hotels would benefit the city and offset any loss to the city created by foregoing a building on this one -acre parcel. Parking — Standard parking requirements for offices are one stall for every 150 square feet of net leasable space for the office. Based on a leasable area of 10,598 square feet, 71 parking stalls are required and 76 are provided for Lot 1. Lot 2 is a parking lot and has 115 stalls. Building Elevations/Architecture —The proposed building is one story. The architecture consists primarily of face brick, a gabled roof, and asphalt shingles. For consistency within the Planned Development, the exterior materials should be compatible with that of the office building on Lot 1, Block 1, Rahn Ridge 2nd Addition. No rooftop equipment is shown on the plans. Trash Enclosure — Outdoor trash enclosures are not shown on the site plan. All trash and recyclable materials must be stored inside the principal buildings or within an attached trash enclosure that satisfies the recently adopted city code requirements. Signage — Detailed sign plans were not submitted. The site plan shows two free-standing signs on Lot 1. Only one ground sign is allowed. Since no building is proposed for Lot 2, no signs can be located on Lot 2. All signs should comply with City Sign Code requirements including those for location, size, setbacks, and height. Site Lighting/Security— The site plan shows wall -mounted light fixtures on the building, and pole -mounted lighting for the parking lot. Details on the site lighting with regard to pole height, fixture type and photometrics were not included with this submittal. These details including a photometric lighting plan should be submitted prior to Final Planned Development approval. For security reasons, lighting should not be less than one footcandle throughout the parking lot. Parking lot light fixtures should be shielded and directed away from adjacent property. Staff has some concerns about security at the parking lot, both for people's safety and for protection of property, particularly since this is intended to be a long-term parking lot. The applicant did not address what security measures other than lighting, if any, would be employed. Enclosing the lot with a security fence seems impractical because of the shared accesses with Planning Report — Rahn Ridge 3" Addition November 25, 1997 Paize 8 adjoining lots. The applicants have not indicated that there would be regular monitoring of the lot by a hotel employee or a parking lot attendant. Performance Standards for Off Site Off -Street Parking as a Principal Use — Following is a point - by -point assessment of how the applicant's proposal complies with the performance standards listed in Section 11. 10, Subd. 12.1.C. In the following, the "servient parcel" is deemed to be proposed Lot 2, and the "dominant parcels" are the existing Holiday Inn Express and Hilton Garden hotels. a. The dominant parcel, which shall be served by the off-site off-street parking or off-site outdoor storage on the servient parcel, cannot physically accommodate the parking or storaLe needs of the principal use on the dominant parcel. Both the Hilton Garden Hotel and the Holiday Inn Express developments meet City Code parking requirements on site. b. The parcel on which the off-site off-street parking or off-site outdoor storaize is located and the dominant parcel which the off-site off-street larking or outdoor storage services shall be within the same zoninp. districts. All three properties, the two hotels and the proposed off-site parking lot, are zoned Planned Development, however, they are not within the same Planned Development. The City Ordinance allows off-site off-street parking as a conditional use in Limited Business zoning district and this site is designated for LB uses within the Planned Development. C. The servient parcel on which the off site off-streetaIa rking or off-site outdoor storage area is located is a reasonable distance not to exceed 660 feet at the closest point from the lot line of the dominant lot to be served b�the_off site off-street parking or off site outdoor storage area. The proposed Lot 2 is approximately 340 feet from the Hilton property at its closest point, and about 330 feet from the Holiday Inn Express property at its closest point. However, it should be noted that all three sites are separated by public rights-of-way, and the proposed off-site parking is separated from the two hotels by Rahn Cliff Road, a neighborhood collector street. d. The off site off-street parking area shall meet the requirements set forth in section 11.10. Subd. 12. herein. The proposed parking area meets the requirements of Sec. 11. 10, Subd. 12 as follows: The parking lot will be bituminous surface with concrete curb and gutter. The drainage plan submitted is acceptable. Four light poles will be located around the lot perimeter. Details of the pole height and fixture type have not been provided, but lighting should be shaded or directed so as to avoid glare to adjacent properties and the public right- of-way. The parking lot is landscaped along the east and west perimeter. The required 75% screening from the public right of way appears to be provided along Rahn Cliff Road through a mix of deciduous overstory trees, evergreen trees and shrubs (lilacs). Landscaping along the south boundary is not provided because of the joint driveway, and landscaping along the north boundary is provided on the adjacent lot which is proposed to be developed with an office building. Planning Report — Rahn Ridge 3" Addition November 25, 1997 Page 9 e. The off-site outdoor storage area shall meet the re uirements set forth in Section 11.10 (1 excent proposed use s parkin and not thns governing building or height restrictions. Since the g storage, this provision does not apply. f. Off-site off-street parking and off -site -outdoor storage on the servient arcel shall have -fewer 12arkin& spaces, less area. and less outdoor storage area than the dominant parcel. The proposed 115 -stall parking lot has fewer parking spaces than either of the two hotels. The one -acre lot area of the servient parcel is smaller in size than either of the lots containing the two hotels. The provision regarding outdoor storage does not apply. g. Off site outdoor storage on the servient arcel shall be bermed and landscaped on sides abhttinpublic right-of-way and residentially zoned districts. The combined berming and landscaping shall be a 6 foot tall screen that is 75% opaque abutting public right-of-way and 100% opaque abutting residential zoning districts or residential uses Since the proposed use is for parking and not outdoor storage, this provision does not apply. However, an evaluation of the landscaping and screening provided is appropriate. The area between the proposed parking lot and Rahn Cliff Road is bermed to a 2-3 foot height and the landscape plan shows plantings consisting of deciduous overstory and evergreen trees, with some shrubs and appears to provide the standard 75% screening from the public right- of-way. The lot abuts church property to the west, but is visible from nearby residences. The plans show the west boundary of the lot is landscaped with a mix of evergreen trees and deciduous ornamental trees. SUMMARY/CONCLUSION The applicants are requesting a Preliminary Subdivision for two lots on 2.42 acres, and a Planned Development Amendment to allow construction of a 13,248 square foot office building and off -site -off-street parking as a principal use at the southwest corner of Rahn Cliff Road and Rahn Way. The proposed office use is consistent with the Limited Business designation of the property. The site serves as a transition between the major commercial node to the east and north and the church and residential uses to the west and south. Although the office appears to meet standard zoning requirements that would be applied in other zoning districts, staff remains concerned about the proposed off-site parking lot as a principal use for reasons of security, lighting, and pedestrian and property safety, as well as for considerations of highest and best use for the property. ACTION TO BE CONSIDERED A. To recommend approval or denial of a Preliminary Subdivision (Rahn Ridge 3rd Addition) consisting of two lots on 2.42 acres currently platted as Lot 2, Block 1, Rahn Ridge 2nd Addition. If approved, the following conditions should apply. Planning Report — Rahn Ridge 3" Addition November 25, 1997 Page 10 Standard Conditions 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: A1, B1, C1, C2, C4, D1, and E1. 2. The property shall be platted. Easements 3. A joint parking easement is required between a) proposed Lots 1 and 2, and b) proposed Lot 2, and the Hilton and Holiday Inn properties. A joint access easement shall also be provided between proposed Lots 1 and 2, Rahn Ridge 3`d Addition and Lot 1, Block 1, Rahn Ridge 2nd Addition. These easements shall be submitted to the city attorney for review and approval prior to final subdivision approval and shall be recorded with the plat. Parks and Recreation 4. Water quality mitigation shall be met through a cash dedication in lieu of on-site ponding. 5. Parks and trails dedications shall be fulfilled through a cash dedication. B. To recommend approval or denial of a Planned Development Amendment to allow a 13,248 square foot office building and off site off-street parking as a principal use at the southwest corner of Rahn Cliff Road and Rahn Way. Approval of the Planned Development Amendment will create a new Preliminary Planned Development for both Lots 1 and 2, Rahn Ridge aid Addition. If approved, the following conditions should apply. 1. A Preliminary Planned Development Agreement shall be executed prior to final subdivision approval. The Agreement shall be recorded at the County Recorder's office with the plat. 2. The term of the Preliminary Planned Development shall be five years. 3. The following exhibits are required for the Planned Development Agreements: Preliminary Planned Development: Preliminary Site Plan Preliminary Landscape Plan Preliminary Building Elevations Final Planned Development: Final Site Plan Final Landscape Plan Final Building Elevations Final Site Lighting Plan Planning Report — Rahn Ridge 3rd Addition November 25, 1997 Page 11 4. All building, parking/drive aisles, and landscaped areas shall be properly maintained. 5. A joint parking easement is required between a) proposed Lots 1 and 2, and b) proposed Lot 2, and the Hilton and Holiday Inn properties. A joint access easement shall also be provided between proposed Lots 1 and 2, Rahn Ridge 3' Addition and Lot 1, Block 1, Rahn Ridge 2"d Addition. These easements shall be submitted to the city attorney for review and approval prior to final subdivision approval and shall be recorded with the plat. Trash Enclosure 6. All trash/recycling containers shall be stored within the principal buildings or shall be within an enclosure attached to the principal structure, consistent with City Code requirements. Landscaping 7. Prior to final subdivision approval, the landscape plan shall be revised to include grading contours. ArchitectureBuildint, Elevations 8. The office building on Lot 1, Block 1, Rahn Ridge 3' Addition shall be constructed with exterior materials of brick and asphalt shingles with a gable roof. The exterior materials shall be compatible with that of the existing office building on Lot 1, Block 1, Rahn Ridge 2"d Addition. Sip-nasae 9. One ground sign not exceeding seven feet in height is allowed for Lot 1. All signage shall comply with City Sign Code provisions for location, size, setbacks and height. Lighting 10. A detailed site lighting plan including photometrics shall be submitted prior to Final Planned Development approval. For security reasons, lighting shall not be less than one footcandle throughout the parking lot. Parking lot light fixtures shall be shielded and directed away from adjacent property. ,;2O/ STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations; 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Ri hts-of-Wa 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication H. Other This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. All subdivision, coning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25, 1987 LTS#5 STANDARD.CON City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 _ C)oy FINANCIAL OBLIGATION — Rahn Ridge Third There are pay-off balances of special assessments totaling $8,269 on the parcels proposed for platting. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are presented. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None SD X06 Kahn Ridats 4!3 /5 Kant PD dmanr! :-=; 9• Mulate Rnacl ani a rreii R7.29 -In -4-4 • a mm •I• 0 DIU 3.ci :I$ W. Cmilli• i rt :1• • ov 345ii WI w N � > 8D �. UU +nAi .. A .t N .. r --------------------�I -----------1------------ A 11 I ------------a I I '.7 M. C-> M L6 Ir Y n � tptf —a i■ nzi�Y b jrn I r- 3 c\ e r E\i m st}1 r t vo 2t C m � Y Z x Y X 1 AMM KIUUt JKUI IIUIV 1 PRELIMINARY PLAT,COVERSHEEi !w` /��/■ '.,r' v �! RAHN RIDGE ASSOCIATES . n... v Z'.....:. MP" OlK "All warr..c i.win.c u.n.r. E�oAN. WN 55122(012) 40"loo ..ax n+a1 .m-aaoo n/O 4 PRELIM. PLAT d ,I _--------------------------- --- ----------------- ._ —.------------- ------ `� �� ao [L•, I i i 'IIXO1 U)"O N m � Z c • " g I '-1 I I I . I, m t� I iE 1L1 �4—Ie! —4-21 ✓ r / a �} 1 I 1 I I I b'q."'' I I N t N Yit�OODOtn r) y = ;i:£t% y !7 LAt ; O E C y pa;AV A.,Zftft m a II Yo fir' 'MI rn' a Q e € n a RAHN RIDGE 3RD ADDITION 5TE PUN LIGHTING PLAN /fir ■■ i r, +,�. KAHN RIDGE ASSOCIATES 7003 NN OAK EAGAN, YN 35,2722 tom nr o•. GTK 4 1617) A05-6000 [.c.,, rrKue• uoo Z) // SITE PLAN •I � i 11� IIII �rl � rl—� lill IIII��� — x 1—I �—i-i� Z -T- -� -1� '♦': 0 1 i 1 �� ao [L•, I i i 'IIXO1 U)"O N m � Z c • " g I '-1 I I I . I, m t� I iE 1L1 �4—Ie! —4-21 ✓ r / a �} 1 I 1 I I I b'q."'' I I N t N Yit�OODOtn r) y = ;i:£t% y !7 LAt ; O E C y pa;AV A.,Zftft m a II Yo fir' 'MI rn' a Q e € n a RAHN RIDGE 3RD ADDITION 5TE PUN LIGHTING PLAN /fir ■■ i r, +,�. KAHN RIDGE ASSOCIATES 7003 NN OAK EAGAN, YN 35,2722 tom nr o•. GTK 4 1617) A05-6000 [.c.,, rrKue• uoo Z) // SITE PLAN / a �} 1 I 1 I I I b'q."'' I I N t N Yit�OODOtn r) y = ;i:£t% y !7 LAt ; O E C y pa;AV A.,Zftft m a II Yo fir' 'MI rn' a Q e € n a RAHN RIDGE 3RD ADDITION 5TE PUN LIGHTING PLAN /fir ■■ i r, +,�. KAHN RIDGE ASSOCIATES 7003 NN OAK EAGAN, YN 35,2722 tom nr o•. GTK 4 1617) A05-6000 [.c.,, rrKue• uoo Z) // SITE PLAN N t N Yit�OODOtn r) y = ;i:£t% y !7 LAt ; O E C y pa;AV A.,Zftft m a II Yo fir' 'MI rn' a Q e € n a RAHN RIDGE 3RD ADDITION 5TE PUN LIGHTING PLAN /fir ■■ i r, +,�. KAHN RIDGE ASSOCIATES 7003 NN OAK EAGAN, YN 35,2722 tom nr o•. GTK 4 1617) A05-6000 [.c.,, rrKue• uoo Z) // SITE PLAN Z) // SITE PLAN I. Iz.c I — — — — — — — — — — — — — — — — — — — — — -------------- ------------- -- — — — — -- off Esm Y -%s°,^ SE I psii"Lx- -I—T 7— !177� I t u Z rn c) -4- UT I T— V yf� a -xi 0 LC T" V.1 L J A, zl- v r ,jp C. I.W.E. E. (A) r) is Do\ \ dF�iaeiEt R�3>-• a A m � cIY � 4\l+'b.\ j I f! I : � A �s�tiE�€p�����p i� � I� 2 h C4 n�� \ �! r! n g �$ 2 Zt FWA rri a rn Iq 951; RAHN RINE JRD ADDITION GRADING "UTILITY PLAN RAHN RIDGE ASSOCIATES IIA f,JI 0 2005 PIN O.xGMVE Ij c v~. mW EAG". 22 am (612) .05-66CO (x! 22 ------------ PRELIM. GRADING iL _ f �nl i y aiI I j I I A a �( RaHN arocE�ass( 7005. 3 ORIYE 5 55177 (612) (617) SOS -6600 ------------ - � p �-I .L -- — — IIL''yLJ II f IW � y Iru41* A a �( RaHN arocE�ass( 7005. 3 ORIYE 5 55177 (612) (617) SOS -6600 nrwyc awu..c �nan.c L . d� O11 MIN mac (4117 .00-nx n r)�3 � LANDSCAPE PLAN s CS p f nrwyc awu..c �nan.c L . d� O11 MIN mac (4117 .00-nx n r)�3 � LANDSCAPE PLAN s October 22, 1997 Pam Dudziak Planning Commission City of Eagan Dear Pam, By this letter, the Holiday Inn Express Hotel and Suites and the new Hilton Garden Inn are requesting 1 acre of off site parking directly north of the Hedlund Engineering building. The reason for this request is two -fold. Number one, there has been major change in our demand because the airport has had a major parking rate increase and are encouraging airport users not to park at the airport. We would like to satisfy this demand without creating parking problems for our own facilities. We would run scheduled van service either on the one half hour, or on the hour picking the guests up at the lot and dropping them back at the lot. To use the lot the guest would stay at the hotel , and use the hotel lot during there stay, and use the attached lot for the time they have flown out. The lot would be well lit, but we would be as friendly to the residential area as possible. The Hilton and Holiday Inn Express would be responsible for the control, safety, security, and up -keep of the lot. Number 2, in our original Hilton plans, we proposed 32 additional rooms and your Planning Department recommended we wait until the parking needs are established at the Hilton. This would resolve this problem. The new addition would cost about one and a half million dollars, which in turn generates more real estate taxes than a building on the same one acre lot. The earliest we would be doing this would be in the year 1999. Thank you for your time and consideration. Regards, Foe— Emmett Erpeldi General Partner -Holiday Inn Express & Suites Fifty Percent Owner -Hilton Garden Inn -New Ulm Enterprises Incorporated Agenda Information Item December 16,1997 Eagan City Council Meeting G. PARK CENTER 61" ADDITION - PRELIMINARY SUBDIVISION & PLANNED DEVELOPMENT AMENDMENT ACTIONS TO BE CONSIDERED: • To approve or deny a Preliminary Subdivision (Park Center 6b Addition) for one lot located on approximately 10 acres located north of Cliff Road, and west Cliff Lake Road in the SE 1/4 of Section 30. • To approve or deny a Planned Development Amendment to change the existing planned development from retail to a 16 screen, 3,212 seat movie theater located on proposed Lot 1, Block 1, Park Center 6`h Addition, north of Cliff Road, and west of Cliff Lake Road in the SE 1/4 of Section 30. FACTS: • The Advisory Planning Commission (APC) recommended approval of this item at its November 25, 1997 meeting. No one from the public spoke at the public hearing. ISSUES: The proposed theater has 16 screens, 3,212 seats and has proposed 726 seats. City Code requires a parking ratio of 1 space per 3 seats. In this case, the developer is requesting a deviation from the City Code and has proposed a parking ratio of 1 space per 4.4 seats. If the area designated for proof of parking is utilized an additional 80 parking spaces would be available which will reduce the ratio to 1 space for each 4 seats. The Dakota County HRA owns the proof of parking area. At this time they have no development plans for that area and are in the process of negotiating a sale or lease of the space to Centres Group. • The height of the proposed marquis is 60'. The maximum height in a CSC - Community Shopping Center district is 35'. BACKGROUND: APC minutes - pages Planning report - pages .� Letter from Michael Supina - pages Page 17 November 25, 1997 ADVISORY PLANNING COMMISSION PLANNED DEVELOPMENT AMENDMENT & PRELIMINARY SUBDIVISION CENTRES GROUP EAGAN Commission Chair Heyl opened the next public hearing of the evening regarding a a Planned Development Amendment to change the existing planned development from retail to a movie theater, and a Preliminary Subdivision (Park Center 6th Addition) consisting of one lot on 9.9 acres, located on Outlot D, Park Center, and Lot 1, Block 1, Park Center 5th Addition, north of Cliff Road, west of Cliff Lake Road in the SE 1/4 of Section 30. Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in City staffs planning report dated November 20, 1997. Ms. Tyree noted the background and history, the surrounding uses and the existing conditions of the subject property. Ms. Tyree highlighted the proposed 60 -foot height of the marquee to the theater and further addressed the proposed parking in relation to the City Code's requirement for the number of seats in the theater. Ms. Tyree noted that the Dakota County Housing and Redevelopment Authority expressed an interest in leasing an area of its property lying northwest of the theater for use by the applicant for proof of parking. John Payton of Westwood Professional Group, Kaare Birkeland of Center Group (the Developer) and the development's architect, Jack Amdahl, addressed the Commission regarding the proposed layout, design and scale of the building and the introduction of a movie theater along this section of Cliff Road. Member Burdorf questioned whether the rear part of the parcel would be ased for customer parking and how would the parking area be lit. Mr. Payton noted that a surface mounted light on the roof of the cinema would be utilized to illuminate the parking area for employees as well as the overflow of customers. Member Burdorf complimented the site design for traffic flow but questioned staff whether the City perceived problems with left-hand turns into the site from Cliff Lake Road. Design Engineer John Gorder indicated that the City does not anticipate traffic problems due to the off-peak turning movements associated with the theater. Member Frank inquired of the City staff whether the increase in landscaping required on the site would off set the tree mitigation identified as a result of the removal of significant trees on the site. Ms. Tyree stated that under the City Code tree preservation is in addition to landscaping. a /6 Page 18 November 25, 1997 ADVISORY PLANNING CONIIvIISSION Member Burdorf inquired of the Commission as to whether there was a concern over the height of the marquee. Member Miller noted that there had been earlier concern with respect to the marquee for the Mann Theater, which has not proven to be a problem. Member Segal moved, Member Carlson seconded, a motion to recommend approval of a Planned Development Amendment to change the existing planned development from retail to a movie theater, located on Outlot D, Park Center, and Lot 1, Block 1, Park Center 5th Addition, north of Cliff Road, west of Cliff Lake Road in the SE 1/4 of Section 30, subject to the following conditions: Agreement 1. The parties shall execute a written planned development amendment. Signage 2. The pylon sign shall be located 230' from Park Center Drive as originally shown on Exhibit B of the Park Center Pylon Sign Agreement dated September 18, 1990. Final Planned Development 3. The following plans area required at the time of final planned development: a. Final Site Plan b. Final Landscape Plan c. Final Signage Plan d. Final Building Elevation Plans e. Final Lighting Plan 4. All trail and sidewalk segments located within the parking lot should be striped and painted. 5. The developer shall provide a written agreement between the HRA and the developer to ensure that the parking is available. This document shall be submitted for review and approval of the City attorney prior to the City taking action on the Final Subdivision or Final Planned Development. All voted in favor. a�� Page 19 November 25, 1997 ADVISORY PLANNING COIL vMSSION Member Segal moved, Member Carlson seconded, a motion to recommend approval of a Preliminary Subdivision (Park Center 6th Addition) consisting of one lot on 9.9 acres, located on Outlot D, Park Center, and Lot 1, Block 1, Park Center 5th Addition, north of Cliff Road, west of Cliff Lake Road in the SE 1/4 of Section 30, 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: A 1, B 1, B2, B3, C 1, C2, C4, D 1, E 1, F 1, and H 1. Plattina 2. The property shall be platted. Water Quality 3. A cash dedication in lieu of on-site ponding will be required to meet its water quality dedication. Tree Preservation 4. The applicant shall fulfill tree preservation mitigation by providing contractual installation of 42 category B trees (or an equivalent number of category A or C trees) into a nearby park per city staff prepared landscape plan specifications. Installation to occur spring 1998. 5. A tree preservation plan shall be submitted and approved by staff if additional tree removal occurs for development related to the proof of parking area. Landscap1 L, 6. All plant material should meet minimum size requirements 7. The landscape plan should be revised to show additional landscaping along Cliff Road and Cliff Lake Road and a reduced and varied plant material mixture in the extreme northwest corner of the site. Page 20 November 25, 1997 ADVISORY PLANNING CONMSSION 8. A three-foot high landscape berm shall be constructed within the parking setback areas along Cliff Road and Cliff Lake Road to screen the parking lot for the development. Gradine 9. The proposed retaining wall shall be located at the north property line at the edge of the drainage and utility easements. Easements 10. The developer shall provide a public sidewalk easement for the revised sidewalk alignment in the northeast comer of the development. All voted in favor. a�9 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 20, 1997 CASE: 30-RZ-27-10-97, 30 -PP -26-10-97 APPLICANT: Centre Group Eagan, L.P. HEARING DATE: Nov. 25, 1997 PROPERTY OWNER: Martin Colon, MFC Prop. Corp. PREPARED BY: Shannon Tyree REQUEST: Preliminary Subdivision & Planned Development Amendment LOCATION: Outlot D, Park Center Addition and Lot 1, Block 1, Park Center 5" Addition COMPREHENSIVE PLAN: CPD - Commercial Planned Development ZONING: PD - Planned Develo )ment SUMMARY OF REQUEST Centres Group Eagan is requesting a Planned Development Amendment to change the existing planned development from retail to a movie theater, and a Preliminary Subdivision (Park Center 6'hAddition) consisting of one lot on 9.9 acres, located on Outlot D, Park Center, and Lot 1, Block 1, Park Center 5t' Addition, north of Cliff Road, west of Cliff Lake Road in the SE 1/4 of Section 30. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto:" A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of the development. Planning Report - Park Center 6"' Addition November 25, 1997 Page 2 E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUNDMISTORY The Park Center Planned Development was created in 1989 and was planned for 86,000 s.f of retail. Since that time the Planned Development has undergone a few amendments. In 1993 it was amended to accommodate a fast food restaurant (Taco Bell) and an 82,100 s.f. retail strip center and a 4,500 s.f. Class I restaurant. Most recently, TCF Bank amended the planned development in 1995, the project included a TCF Bank (5,300 s.f), a 195 -seat restaurant; and two retail buildings totaling 67,810 s.f. EXISTING CONDITIONS The site (Outlot D, Park Center Addition) has been previously graded and is relatively flat with no wetlands. Outlot D is the last undeveloped portion of the Park Center Planned Development. a a� Planning Report - Park Center Oh Addition November 25, 1997 Paee 3 SURROUNDING USES: The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Rahn Park; zoned and guided P - Park. South - Taco Bell, Walgreen's, vacant commercial property; zoned PD; guided CPD. East - Cliff Lake Shopping Center; zoned PD; guided CPD. West - Eagan Senior Housing; zoned R-4; guided D -III; and Blockbuster Video and Boston Market zoned PD; guided CPD. EVALUATION OF REQUEST Preliminary Subdivision: Lots - The proposal includes one lot of 9.9 acres. Setbacks - The proposed building and parking meet all required setbacks Gradin. ` Wetlands - The preliminary grading plan is acceptable with some modifications. The site was graded with previous development and is generally open except along the northwest corner of the property. The site generally slopes to the northwest. The preliminary grading plan shows a retaining wall along the north edge of the development. A portion of this wall is proposed within the drainage and utility easement of an existing storm sewer pipe. The proposed retaining wall should be located at the north property line outside of the drainage and utility easement. A three-foot high landscape berm should also be constructed within the parking setback areas along Cliff Road and Cliff Lake Road to screen the parking lot for the development. There area no jurisdictional wetlands located on this site. Storm Drainage - The preliminary storm drainage plan is acceptable. The developer is proposing to connect and internal storm sewer system to the existing storm sewer along the north edge of the site. This storm sewer flows to Pond AP -25 northeast of the development. Water Quality - Water quality requirements for this parcel have been previously met through the construction of a detention basin, which is designed to serve this portion of the Park Center Planned Development as well as other commercial developments east of the site. Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water main are available at the west edge of the site for connection and extension within the development. Im- Planning Report - Park Center 6h Addition November 25, 1997 Paae 4 Streets/Access/Circulation - Public street access is proposed from three locations: one from Cliff Lake Road to the east and two from Park Center Drive to the west. Internal circulation to the existing Taco Bell restaurant is provided through shared parking areas and service drives along the south and east edges of the site. Easements/Permits/Riizht-of-War- - The Dakota County Plat Commission has reviewed the preliminary plat and is requiring a half right-of-way dedication of 100 feet along Cliff Road (Dakota County Road 32). The Commission is also requiring restricted access be dedicated along the entire length of the plat adjacent to Cliff Road. The developer should provide a public sidewalk easement for the revised sidewalk alignment in the northeast corner of the development. Tree Preservation - The tree inventory for this site indicates that there are 24 significant trees on site. These trees are all located in the extreme NW comer of the property. Site preparation will result in the removal of all 24 trees. Tree mitigation is required. According to the Replacement Schedule, 42 Category B trees are required or a cash mitigation. The Advisory Parks, Recreation, and Natural Resources Commission recommended that the tree preservation mitigation requirements be fulfilled through the installation of trees onto City property. Because the proof of parking area is not located within the boundaries of the proposed subdivision, this area was not considered by the developer in the tree preservation plan. The City Forester examined the site and made the following determination. The proof of parking site contains 39 significant trees and 1 specimen tree (one oak measuring 37") development of this area will result in the loss of 34 trees. Mitigation for this tree removal calculates to 56 category B trees or cash mitigation. Parks and Recreation - The Advisory Parks, Recreation and Natural Resources Commission (APrC) recommended a cash park and trail dedication at its regular meeting November 17, 1997. Planned Development Amendment: Although the site is zoned PD, the proposed and existing uses in the area most closely reflect the CSC zoning district. For purposes of reviewing this request, staff will review the proposal against CSC requirements. Regal Cinemas is proposing to locate a 16 -screen, 3,212 seat movie theater on the proposed Lot 1, Block 1, Park Center 0" Addition. Regal Cinemas is headquartered in Knoxville, Tennessee. The company presently has 1,131 screens in 24 theaters and is located in 22 states. The company has 400 screens currently under construction and has 1,000 slated for the next year to year and a half. d"r)3 Planning Report - Park Center 6t' Addition November 25, 1997 Page 5 Building Design - The building has been designed to match the existing brick buildings in the Planned Development (i.e. Blockbuster, Taco Bell, and Boston Market). The front entry of the building faces southeast. The trash and recycling enclosure is located on the northeast side of the building. Elevation drawings submitted by the developer show that all rooftop mechanical equipment will be screened from view. The proposed one -level (32.8' in height), 64,232 s.f. building is shown using several colors of brick on all four sides of the building. The marquis has been designed using a painted EIFS and neon. The main entry is glass from floor to ceiling. The main feature of the building is the marquis. Its highest point is 60' from the finished floor elevation of 914'. The proposed 60' elevation exceeds the maximum height in any commercial district in the City. The maximum height permitted in a CSC - Community Shopping Center district. Parking - City Code requires a parking ratio of 1 space per 3 seats, 1,070 spaces. The applicant is suggesting a parking ratio of 1 space per 4.4 seats or 726 parking spaces. This is a deviation of 344 parking spaces. When Mann Movie Theater in Town Center was approved, it was also developed at a ratio less than 1:3. Additional parking was provided by using cross parking easements with Town Center Shoppes, across the street. No additional parking was required and it appears after several years of operation, that the ratio is more than sufficient for the nine movie theaters at that location. The applicant is suggesting that, similar to the Mann Theater development, a proof of parking area be identified on the plan on the rear side of the building. If utilized the parking ratio drops from 1:4.4 (726 spaces) to 1:4.0 (806 spaces), increasing the overall parking by 80 spaces. Parking Required by City Code Parking spaces proposed by developer Parking spaces provided including proof area Number of Spaces Parkin-, Ratio 1,070 1:3 726 1:4.4 OIR 1:4.0 The proof of parking area is owned by the Dakota County Housing and Redevelopment Authority (HRA) and would be leased to the theater site if it were determined that additional parking spaces are required. Because the site is guided for senior housing, requiring less parking than a typical multiple family development, it appears that the parking uses are compatible. According to the. HRA, at full development (Phase I & II) the senior -housing site never intended on using this area. The developer should provide a copy for review and approval by the City Attorney a copy of the lease agreement that authorizes the use of the HRA property for parking purposes. aay Planning Report - Park Center 6" Addition November 25, 1997 Page 6 In addition to the deviation in the amount of parking, the developer is proposing 9' wide stalls instead of the 10' wide stalls, which has been the City's policy. The 9' stall is consistent with that approved for the Mann Theater. If approved, the deviation (344 parking spaces and 10' wide stall size) from the strict code interpretation will be noted in the Planned Development Agreement and would be part of the approved documents of the agreement. Therefore no variance approval is needed. Landscaping - The landscape plan is not acceptable. The landscape plan should be revised to show screening that will meet the intent of the landscape ordinance requiring that all parking areas shall be screened from public streets and adjacent differing land uses (senior housing) in a way to achieve 75% opacity year round at maturity. The buffering between the senior housing and the proposed theater on the west property line is adequate to serve as screening, but a mixture of species should be used to prevent a complete loss in the case of a disease affecting one species. Due to the easement in that location some of the landscaping should be removed and relocated. It appears that the landscaping on Cliff Road and Cliff Lake Road does not currently meet the 75% opacity requirement and could benefit by the relocation of some of the Spruce and Pines needed to be relocated from the west property line. All plant material listed in the Plant List should meet the City's minimum size requirements. Trails/ Sidewalks - Trails and sidewalks have been added to the site to encourage easy pedestrian access to the site. Continuations of trail and sidewalk segments located within the parking lot should be striped and painted as shown on the site plan. Signage - Pylon Sign: A sign agreement was entered into September 18, 1990 for the overall Park Center Planned Development. It allowed four signs to be located along Cliff Road. Three of the pylons have been constructed for Blockbuster, Boston Market, and Taco Bell. The remaining pylon sign location is 230' east of Park Center Drive. In 1995, the pylon sign agreement was amended when TCF Bank subdivided a 1.5 -acre lot in the northeast portion of the site.. The pylon sign was to be located along Cliff Lake Road. This amendment will become void if the theater proposal is approved The proposed theater pylon sign is located on Cliff Road approximately 247' from Park Center Drive. The location should be revised to be in conformance with the original 1990 Pylon Sign Agreement indicating the location at 230' from Park Center Drive. Planning Report - Park Center Oh Addition November 25, 1997 Paye 7 The proposed 97 s.f., 27' high pylon is supported by two 20" x 20" brick columns. The sign copy reads "REGAL" and below that "Cinemas 16". The double-faced, internally illuminated, sign face also includes space for the individual movies to be listed. The brick column design is a condition of the sign agreement. Building Signage: Building signage will consist of the word "Regal" to be located vertically on the marquis in approximately 41/2' -5' backlit letters (78 s.f.) and the copy "Cinemas 16" below in 2' tall letters x 20' in length (40 s.f.). A 10'x 22'(220 s.f.) marquis sign listing the shows is located directly above the main entry doors and immediately below the "Cinemas 16" sign. Two - 6'x 28'(336 s.f.) poster cases are located along the front side of the buildings on either side of the main entry doors. The total proposed building signage 674 s.f. The sign code allows building signage up to 20% of the building side area or 2,160 s.f in this case. The applicant has proposed only 6.2% of the building area. Compatibility with Surrounding Area - The development of a theater is consistent with the commercial developments in the area. Theaters are listed as a permitted use in the CSC - Community Shopping Center District. SUMMARY/CONCLUSION The proposed use of a theater appears to be compatible with the surrounding land uses and is consistent with development to date in the area. The intensity of the overall project requires several deviations from standard City Code requirements. The number of seats results in the developer being unable to meet City Code standards for parking. Using the ratios of 1:3 in the City Code, the applicant is proposing enough parking for 2,178 seats. The proposal is for 3,212, seats. The developer is requesting parking at a ratio of 1:4.4 or 726 spaces on site, but 1:4 including the proof area. Staff notes that the 1:4 ratio provided on site for the Mann Theater appears to be adequate (based on the lack of complaints about inadequate parking at that facility and informal monitoring) and the developer states that the 1:4.4 parking is adequate based on their experience in the theater business. The proposed 9' stalls are consistent with the Mann Theater development, but not consistent with the City Council's 10' wide policy. The height of the building's marquis is 25' taller than what is permitted in a CSC - Community Shopping Center district. The maximum height in a CSC district is 35'. dab Planning Report - Park Center 6"' Addition November 25, 1997 Page 8 The final landscape plan will require changes in design, especially along the northwest corner of the site, where an attempt was made to screen the rear portion of the building. Unfortunately, an easement will prohibit some of the landscape material from being placed in that NW corner location. However, the applicant has agreed to relocate some of these plantings to increase the perimeter landscaping which will help in screening the parking lot to the 75% opacity requirement. The exact location of the pylon sign should be incorporated into the design of the landscape plan as well in order to avoid conflicts of plantings and the proposed sign. If approved the proposed site plan will constitute the Preliminary Planned Development for Regal Cinemas. The proposed site plan will achieve Final Planned Development status when a Final Planned Development Agreement has been executed. The applicant will be required to submit the following plans, including any modifications resulting from the Advisory Planning Commission and City Council review of the preliminary plans to be used as exhibits in the Final Planned Development. Final Site Plan Final Landscape Plan Final Signage Plan Final Building Elevation Plans Final Lighting Plan ACTION TO BE CONSIDERED Planned Development Amendment A. To recommend approval or denial of the proposed Planned Development Amendment changing the Planned Development Agreement from retail to a 64,232 s.f, 3,212 seat, 16 - screen movie theater located on Lot 1, Block 1, Park Center 6" Addition subject to the following conditions: Agreement 1. The parties shall execute a written planned development amendment. Signage 2. The pylon sign shall be. located 230' from Park Center Drive as originally shown on Exhibit B of the Park Center Pylon Sign Agreement dated September 18, 1990. a2 9 Planning Report - Park Center Oh Addition November 25, 1997 Page 9 Final Planned Develo ment 3. The following plans area required at the time of final planned development: a. Final Site Plan b. Final Landscape Plan c. Final Signage Plan d. Final Building Elevation Plans e. Final Lighting Plan 4. All trail and sidewalk segments located within the parking lot should be striped and painted. 5. The developer shall provide a written agreement between the HRA and the developer to ensure that the parking is available. This document shall be submitted for review and approval of the City attorney prior to the City taking action on the Final Subdivision or Final Planned Development. Subdivision: B. To recommend approval or denial of the proposed Preliminary Subdivision consisting of one lot on 9.9 acres located on Outlot D, Park Center Addition and Lot 1, Block 1, Park Center 5`' Addition, north of Cliff Road, west of Cliff Lake Road in the Se 1/4 of Section 30 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, B3, Cl, C2, C4, D1, El, F1, and H1. Plattin4� 2. The property shall be platted. Water Quality 3. A cash dedication in lieu of on-site ponding will be required to meet its water quality dedication. Tree Preservation 4. The applicant shall fulfill tree preservation mitigation by providing contractual installation of 42 category B trees (or an equivalent number of category A or C trees) into a nearby park per city staff prepared landscape plan specifications. Installation to occur spring 1998. 5. A tree preservation plan shall be submitted and approved by staff if additional tree removal occurs for development related to the proof of parking area. Landscaping 6. All plant material should meet minimum size requirements Planning Report - Park Center 6" Addition November 25, 1997 Paye 10 7. The landscape plan should be revised to show additional landscaping along Cliff Road and Cliff Lake Road and a reduced and varied plant material mixture in the extreme northwest corner of the site. 8. A three-foot high landscape berm shall be constructed within the parking setback areas along Cliff Road and Cliff Lake Road to screen the parking lot for the development. Gradin 9. The proposed retaining wall shall be located at the north property line at the edge of the drainage and utility easements. Easements 10. The developer shall provide a public sidewalk easement for the revised sidewalk alignment in the northeast corner of the development. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined, in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. a3o 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25 1987 LTS#5 STANDARD.CON 03/ City Council September 15 1987 Revised: July 10, 1990 Revised: February 2 1993 FINANCIAL OBLIGATION — Park Center 6th There are pay-off balances of special assessments totaling $135,611 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. 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 proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Water Availability Charge C/I. $2,855/Ac Storm Sewer Trunk C/I. .042/sq ft Total �3� Quantity Amount 8.78 Ac $25,067 328,457 16.,063 $41.13 rarx center sixtn waaitic North of Cliff Rd -west of PD Amendment +& Prelim! Case Ns_ 30-R7_27.40.07 WA, w'I1[0110k'1w:1/ nary au"WIVIalu IL 20.PP.21R.10.9 Zoning Map Current Zoning PD -Planned Development North of Cliff Rd & West of Cliff Lake Rd Case No. 30-RZ-27-10-97 Case No. 30-P'P-26-10-97 F. 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BRICK SOLDIER COURSE 57RUCT. BRAG INS WRAPPED IN PREFIN. METAL FLA5HIN6 ELEVATION 1/4" = 1'-0" --20" x 20" BRICK 'I' COLUMNS .2 d tlx va.ue.q [sant _r -a DATE L,,,,,,,¶¶ T �aetu.a�. ana. Regal Cinemas 10 �4/?- rr�n. as mai ra w .a bf®espolu l4oLL 98-08-1042-01 A -a comEHAS r MOVIE O, MOVIE MOVIE MOVIE MOVIE I I cY j I � MOVIE ! j I I ; N� i i 1 MOVIE comEHAS r MOVIE MOVIE MOVIE MOVIE MOVIE MOVIE MOVIE MOVIE MOVIE MOVIE MOVIE MOVIE MOVIE MOVIE MOVIE MOVIE r ELEVA710N 1/4" = 1'-0" --- - PREFIN. METAL FLASKING DOUBLE FACED, INTERNALLY ILLUMINATED POLYCARBONATE 516N FACE (- 12" x 12" BRICK '2' COLUMNS PREFIN. METAL FLASKING BRICK 5OLDIER COUR5E _ - - - STRUCT. BRAG I NG WRAFFE'] IN PREFIN. METAL FLASKING k -__ -20" x 20" BRICK 'I' COLUMNS Lmualq 6[ak 4fek[os-_i___•_•. !. ._E[ aam Regil CieEs KKICentres Group, Ls[ 2_.o. n Si _ .%. L W--APOW. Mimmtz 9g -0g -1042-0I �-= 0 r Ei '2 I �S z f: `e b i I : E1q g e 0 E 0 a e I E m a L 0 rII fly s•3aolsGa�BrL•a!•oco�raC2:i■ DEC -11-97 THU 13:08 ANCON CORP 6128900064 HIT 11 December 1997 -.►' City of Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Attn: Mayor Tom Egan FAX K0, 6128900064 P. 01/03 "QLJ1CK FAX 7AMM"n!!° RE: Proposed 16-plex Cinema @ Cliff & Cliff Lake Roads Dear Mayor Egan: 0— till -7 I read of the proposed Regal Cinemas movie theater in the December 3 issue of the Eagan Sun -Current. I live near this site and I drive past it at least once every day. Although I would like to see a movie theater on this site and I do not oppose the PD amendment that would allow that use, I think that the proposed theater is far to large for this site. The proposed theater will have 3210 seats which according to the city's 1:33 requirement for movie theaters would require 1070 parking stalls. Since the site is too small to fit a building of this size with all of the required parking, the developer proposed to reduce the parking count to 726 spaces which is less than a 1:4 ratio. The rationale given for this deviation is that the movie release times would be "staggered". Frankly, I think it would be impossible for 16 movies to release in a manner that wasn't staggered; this justification is clearly bogus. Furthermore, the developer claims that he can lease neighboring land for 80 additional parking spaces from the Dakota County HRA and thereby bring his parking ratio up to 1:4. a ratio used by some other cities. Unless this agreement is formalized in a legally binding easement or a purchase it can be terminated by the two parties whenever they wish and therefore should be unacceptable to the city. In a telephone conversation I had with Shannon Tyree this past Thursday, she said that all of these issues were clearly pointed out in the planning staff report. It is unfathomable to me that the Advisory Planning Commission could ignore major issues like these and vote to recommend approval. Ms. Tyree told me that one commissioner said at the meeting that he was unhappy with so many large parking lots all over the place. If this is the case, I would suggest he or she should have voted to reject the project in its current form and be redesigned to fit on the site rather than simply allow a massive building with non- compliant parking. If this were in any zoning district other than PD, such a deviation from the city code would requires a variance with a hardship justification. There is no hardship in this case other than the developer having eyes that are bigger than his site. a�9 DEC -11-97 THU 13 6128900064 09 AMCON CORP FAX NO. 6128900064 P.02/03 I can understand how a developer would want to maximize a site in order to maximize his or her profit; however in this case it would be at the expense of the entire community shopping district surrounding this project. If this is approved, every other developer would expect to ignore city ordinance with the city's blessing. I urge the City Council to enforce the city's planning and zoning code and reject this project in its current form. Sincerely, Michael Supina 1656 Sherwood Way Eagan, MN 55122 cc: Shannon Tyree Tom Hedges Eagan Sun -Current encl. a Zle DEC -11-97 THU 13:09 6128900064 AMCON CORP FAX N01 6128900064 P.03/03 L. C Ye W Kl. d C D W. a �te� y O two no d0 dtl �• p O. m G. k O O a C .+Q p o C 0 •� pow jim 0 .4 , 4 •� .'� "�,,'�+^,•�.��� a►,, CL 0, cc0 d p O'" NLn .ww, �•r3".. 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C u yC "O Q 1 d p w OD's N Z 03 7 p C p y p �+() •� eu C Gel G p ._. mmA E > c �;m�coZ W CW OI ` N W C MCC C '� •a ` V r V O dCe'�0 .Y a7a►b►� a E 1 v .5 NO UMJLN30 NWWd a v 9 NOV-07-97 03:42 AM JOE SENSER'S 612 631 0472 P.04 CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 (812) 681-4600 APPLICATION FOR ON SALE LIQUOR LICENSE EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a partnership, a partner shall execute this application. If this is a first application attach a copy of the articles Qf incor oration an -laws. Applicants Name (Business, Partnership, Corporation) Trade Name or DBA Joe Senser's of Eagaq, Inc. Joe Senser's Sports Grill and Bar Buslness AddreKt �— jo_..... -- Businese Phone Applicants Home Phone JQLQ E andale Place Not Available City 4-----�r _�[ _.� - _1 N/A—� County State Zip Code Ewan�fGl1EZ� MN 55122 Name or Restaurant Manager Manager DOB License period Dan Peterson 09-12-46 From: To: NEW II a eorporation.glve name,title,addrecs,phone numbers and date of birth of each officer it a Dartnership,give name, address.phone Lru�4...�sit.Q or birth of each Danner. __ Psriner/Officer Full Name and Title " Aster attached Schedule A Address ^� Partner/Officer dull Name and Title Afte s— Panner/Ofrcer Full Name and Title Address LICENSE TYPE: XX ON -SALE RESTAURANT (APPROX) 6000 Amount floor area 25 Number seating ** Hours food available (APPROX) 100 Number employees Business Phone Home Phone DOB Business Phone Home Phone DOB Business Phone ON -SALE HOTEL Amount floor area/ dining room(s) Seating/dining room(s) Hours food available Number of guestrooms nome ►-none DVB ON -SALE CLUB Amount floor area/ dining room(s) Seating/dining room Hours food available ROR CLUB LICENSE ONLY: ** 1I.00 AM_Midn6g� __ Mp�c g through Saturday Dale of Incorporation: UU AM I� [) 55 QdaaYY Purpose of Club: Number or members: Offters_H.4rtrd gLQitES.14rjyjP34s C. Full Name Address DOB Full Name Address DOB iTU Namo Address 008 NOU 06 '97 14 45 612 631 0472 PAGE.04 C N 00 i Ln N N ti O M N A C:) O O O —4 IZV y M 00 O O I,- n ,-, '-, 00 ' M M 4 4 aIn cn 0�0 0l0 a 1" -1 O O iia �r \0 N N V a 00 00 m o ' M "' O��I C7w Ow uIts� >� o� z w �o t, b„ v �co 0. U 3a �. w. w ,� a o 00 d �H in M� N� a r, M, ti tj Pa 0 H� a Lq Qj qj ti y P4 �a �I 0 Q04 Cd 00 CD Ln cn n p a 00 1- 00 0. 00 M zy M O —4 IZV y M 00 O O I,- n ,-, '-, 00 ' M M 4 4 aIn cn 0�0 0l0 a 1" -1 O O iia �r \0 N N V a 00 00 m o ' M "' O��I C7w Ow uIts� >� o� z w �o t, b„ v �co 0. U 3a �. w. w ,� a o 00 d �H in M� N� a r, M, ti tj Pa 0 H� a Lq Qj qj ti y P4 �a �I 0 Q04 Cd NUV-W f -7f bJ:4J HI`1 JUG JCnJC1C "'J JOE SENSER'S SPORTS GRILL AND BAR BUSINESS STATEMENT OF PLANNED OPENING lhNESTMENT FOR PROPOSEQ BUSINESS WE A PART OF LICENSE APPLICATION DATED _November 10 . T9_) 97 INTENDED USE OF FUNDS FROM OPENING IMIESTMENT AND OTHER SOURCES LISTED BELOW ROUND OFF TO NEAREST OPERATING CAPITAL FOR DAILY NEEDS -SUCH AS, BUT NOT LIMITED HUNDRED DOLLARS TO THE OPENING CHECKING ACCOUNT BALANCE, CASH REGISTER CHANGE, SUFFICIENT MONEY TO CARRY AN AVERAGE AMOUNT OF ACCOUNTS RECEIVABLE (IF CREDIT IS EXTENDED TO CUSTOMERS). INSURANCE -RENT AND OTHER EXPENSE WHICH MUST BE PAID IN ADVANCE................................................................................................................................ S 70.000 MERCHANDISE FOR RESALE (STOCK IN T. ......................... ... ... I .... I .... I ........... ...,,.... 30,000 BUSINESS PROPERTY LAND AND BUILDINGS USED FOR THE BUSINESS (Enter:ero, if rented) .................... EQUIPMENT AND OTHER FURNISHINGS.......................................................................... 450,000 OTHER USES OF FUNDS, IF ANY (Describe each) ;..................................................................................................................................... TOTALREQUIREMENTS.............................................................................................................. 1-15-2A 000 SOURCES OF FUNDS TO PROVIDE FOR BUSINESS REQUIREMENTS ABOVE INDEBTEDNESS OWED TO THE SELLER IF APPLICANT PURCHASES AN EXISTING BUSINESS WITH THE SELLER FINANCING PART OF THE PRICE AFTER THE CLOSINGDATE...........................................................,......,....,.......................................... f LOANS FROM FINANCIAL INSTITUTIONS•SANKS AND OTHER SUCH LENDERS............ 450,000 LOANS FROM int"TM6S................................. ....................................... I ............... ....,......,. 1 LOANS FROM OTHER INDMDUALS..................................................................................... THESE TOTALS MUST EOUAL OTHER OUTSIDE SOURCES. IF ANY (Describe each) EACH OTHER ........... .......................................... ................................ ....................... I ...... I .......... .... 1 OPENING INVESTMENT BY OWNERS (Answer 9mly one line of the three lines Immediately below) OWNERSHIP BY ONLY ONE INDMDUAL (SOLE PROPRIETORSHIP) Opening Investment by that one person.............................................................. OWNERSHIP BY TWO OR MORE INDIVIDUALS (PARTNERSHIP) Qpening Imrestment by Lit of the pannera........................................................... 100,000 OWNERSHIP BY A CORPORATION Opening Investment paid to the corporation by the stockholders for the capital stock Issued to Morn and for added capital contributed. II any .......................................................... TOTAL OPENING WIESIME1 T AND OTHER SOURCES..•.............................................................. $--5-5 0 _ 000 NOU 06 197 14:46 612 631 0472 PAGE.06 During the past near has a summons been Issued under the Liquor Civil Liability Law MS 304A.8021 Yes _M No If yes, attach summons copy. Has Applicant or any of the Associates been convicted during the past five years of any violation of federal, state or local liquor law? Yes _XX No it yes, give dates and details. Are any taxes,assessments or utility bills for the premises unpaid or deliquent? Yes XX No If yes, give reasons. Have you ever had a license suspended or revoked? Yes XX No If yes, give dates and reasons for action. What vendor of amusement devices will have machines on the premises? American Amusement 850 Decatur Avenue, N.Minnea alis, Name of vendor -•--• �' )!MI 55427 f 6 ) Address 0 of Machines D e $ c r i b e p r o p o s e d entertainment: Recorded music and TVs DOCUMENTATION: Provide two copies of Articles of Incorporation for each corporation with rinancial involvement. Forthcoming Provide financial statement of net worth for all principals who have at least five percent (5°%) interest in the business, partnership or corporation. The statement must be prepared by a CPA. Statement for Oscar B. Grubert Forthcoming Complete a general information form for each business, partnership or corporation. Included Complete a personal information form for each person who has a five percent (5%) interest in the business, partnership or corporation. Included Provide a Certificate of Search from the U.S. District Court for any pending civil or criminal action Provide Certificate of Insurance covering liquor liability. Included _r Joe ;S.% �s , Inc . November 10, 1997Per:nguDate AP�plrtawe-- e _.. Subscribed �i �yyoftkl fore e this 10th November , 19 97 -seal- cyCorrmissioner for Oaths In and for the Province f Manitoba My commission expires;APr; 1 10,-1998 POLICE DEPARTMENT REPORT NOU 06 '9? 14:46 612 631 04?2 PAGE.05 DATE: December 9, 1997 TO: Chief Patrick Geagan11 FROM: Detective Doug Matteson SUBJECT: Liquor license Investigation, Joe Sensor's Sports Bar & Grill I have conducted a thorough background investigation on the applicants for this liquor license. As you are aware, Joe Sensor's Sports Bar & Grill intend to lease the vacant Cracker Barrel building located at 3010 Eagandale Place. This will be the third Sensor's Sports Bar, others located in Roseville and Bloomington. Sensors's Sports Bar and Grill has applied for a on -sale liquor license, including Sunday Sales. They do meet the criteria for liquor sales according to city ordinance and state law. They will be offering a full food menu until Midnight (11:00pm Sundays). On-site entertainment consists of recorded music and television. Criminal history queries were run on all named in the application, and I did not discover a criminal background on any of the applicants. I spoke with Roseville and Bloomington Police Departments, and found no excessive calls for service or violations at either location. Based on the results of my investigation, I find no reason to deny the applicant, Joe Sensor's Sports Bar & Grill the requested liquor license. MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road Eagan, MN 55122 612-681-4700 3� -F 612-681-4738 FAX DATE: December 9, 1997 TO: Chief Patrick Geagan11 FROM: Detective Doug Matteson SUBJECT: Liquor license Investigation, Joe Sensor's Sports Bar & Grill I have conducted a thorough background investigation on the applicants for this liquor license. As you are aware, Joe Sensor's Sports Bar & Grill intend to lease the vacant Cracker Barrel building located at 3010 Eagandale Place. This will be the third Sensor's Sports Bar, others located in Roseville and Bloomington. Sensors's Sports Bar and Grill has applied for a on -sale liquor license, including Sunday Sales. They do meet the criteria for liquor sales according to city ordinance and state law. They will be offering a full food menu until Midnight (11:00pm Sundays). On-site entertainment consists of recorded music and television. Criminal history queries were run on all named in the application, and I did not discover a criminal background on any of the applicants. I spoke with Roseville and Bloomington Police Departments, and found no excessive calls for service or violations at either location. Based on the results of my investigation, I find no reason to deny the applicant, Joe Sensor's Sports Bar & Grill the requested liquor license. LICENSE TYPE: (check all that apply) Residential Dwelling* (Numteroftrucks) —Required for haulers serving single family detached, duplex and four-plex units. —Recycling and compost vehicles may be included in the residential rate, if operated by a single company. —State, county, and city mandates require residential recycling opportunities be provided. —Additional requirements outlined in Hauling Ordinance as attached. Multiple Dwelling/Commercial• (Number of trucks) —Required for haulers serving commercial accounts and multiple family dwellings being serviced in a commercial manner. —State, county, and city mandates require residential opportunities be provided for multi -family units. —Permits/encourages, but does not require commercial recycling. —Construction/demolition debris vehicles may be included in multiple dwelling/commercial if operated by a single company. —Additional requirements outlined in Hauling Ordinance as attached. Residential Recycling (Number of trucks) —Required for haulers performing residential recycling only for single family, duplex, four-plex and multi -family residential. —Applicable to independent firms, subcontractors, and licensed haulers. Construction/Demolition Debris (Number of trucks) i —Required for haulers or contractors using containers greater than four cubic yards. —Additional requirements outlined in Hauling Ordinance as attached. FEES: $50 for first vehicle/$25 each additional vehicle. I @ S2 b + @ $25=r, 1_ nn. TOTAL NUMBER OF VEHI.CLES TO OPERATE IN EAGAN: 1 MUST PROVIDE: Motor Vehicle Insurance Date of Expiration Worker's Comp. Insurance Date of Expiration Rate Schedule *It is not the city's intent to add additional fees onto the license to provide for recycling and construction/demolition licensing, provided that the a corresponding residential or commercial license is obtained. X30 Pilot Knob Road Eagan, Mn 55122-1897 (612) 681-4600 City of Eagan Hauler Licensing Application 1, TOM ULLIVAN hereby make application for a Refuse/Recycling license for the year 1997 Owner: uvr.F unnicFnT 14051 CLEARVIEW DR Name Address -�1;11111K9PP9 MN 55379 (612) 530-3319 City State Zip Telephone Business Name: CLEAN SWEEP, INC 8600 HANSEN LANE If arae Address MN 55379 (612) 403-1440 _S_HAKOP_EE City State Zip Telephone Municipalities where presently licensed: ST. PAUL, MINNEAPOLIS, -ST. LOUIS PARK LICENSE TYPE: (check all that apply) Residential Dwelling* (Numteroftrucks) —Required for haulers serving single family detached, duplex and four-plex units. —Recycling and compost vehicles may be included in the residential rate, if operated by a single company. —State, county, and city mandates require residential recycling opportunities be provided. —Additional requirements outlined in Hauling Ordinance as attached. Multiple Dwelling/Commercial• (Number of trucks) —Required for haulers serving commercial accounts and multiple family dwellings being serviced in a commercial manner. —State, county, and city mandates require residential opportunities be provided for multi -family units. —Permits/encourages, but does not require commercial recycling. —Construction/demolition debris vehicles may be included in multiple dwelling/commercial if operated by a single company. —Additional requirements outlined in Hauling Ordinance as attached. Residential Recycling (Number of trucks) —Required for haulers performing residential recycling only for single family, duplex, four-plex and multi -family residential. —Applicable to independent firms, subcontractors, and licensed haulers. Construction/Demolition Debris (Number of trucks) i —Required for haulers or contractors using containers greater than four cubic yards. —Additional requirements outlined in Hauling Ordinance as attached. FEES: $50 for first vehicle/$25 each additional vehicle. I @ S2 b + @ $25=r, 1_ nn. TOTAL NUMBER OF VEHI.CLES TO OPERATE IN EAGAN: 1 MUST PROVIDE: Motor Vehicle Insurance Date of Expiration Worker's Comp. Insurance Date of Expiration Rate Schedule *It is not the city's intent to add additional fees onto the license to provide for recycling and construction/demolition licensing, provided that the a corresponding residential or commercial license is obtained.