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09/16/1997 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING SEPTEMBER 16,1997 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE/BOY SCOUT TROOP 446 II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS (BLUE) % A. AMENDMENT of Joint Powers Agreement for Gun Club WMO pV. CONSENT AGENDA (PINK) r. 9 A. PERSONNEL ITEMS & APPROVE the resolution calling for a public hearing on bonds to be issued to refinance the Cinnamon Ridge multi -family rental housing project MC. ON -SALE LIQUOR LICENSE - Nue and Torgerson II, LLP, dba Hilton -Eagan, Lot 1, Block 1, Rahncliff 3rd Addition 1� D. WINE, SUNDAY WINE, and STRONG BEER LICENSE, D'Amico Catering, Inc., dba D'Amico & Sons, 3324 Promenade Avenue P A E. APPROVE correction to the August 19,1997 Special City Council minutes ?.11 F. REQUEST for footings and foundation permit - Skyline Displays, Inc. G. FINAL PLANNED DEVELOPMENT for Lot 1, Block 1, Rahncliff 3rd Addition - Nue & Torgerson II, LLP for a Hilton Garden Inn P, 1H_ CONFIRMATION of Findings of Fact, Conclusions & Resolution of Denial, City of Eagan relating to the denial of a conditional use permit requested by AT&T Wireless Services for a communication monopole on the Parkview Golf Course site j 1. FINAL SUBDIVISION, Dakota County HRA for Eagan Senior Housing and FINAL PLANNED DEVELOPMENT for Lot 1, Block 1 J. FINAL SUBDIVISION, Horne Development for Kingswood Ponds Second Addition *Q K. CONTRACT 97-07, approve change order #1, Eagan Business Commons (frontage road and utility extension) V L. APPLICATION for use of a golf cart on City streets (mobility impairment) T" Ii.. M. CONTRACT 97-15, receive bids/award contract (Mulcahy Addition & Murphy Pkwy. - Utilities) �� 3�q N. CONTRACT 97-10, approve plans/order ad for bids (TH 149 & Lone Oak Parkway - Signalization) p, O. PROJECT 668, receive feasibility report/ order public hearing/approve cost participation fagreement with Dakota County - Lone Oak Road (Lexington Ave. to TH 55) taS P. CONTRACT 94-F, acknowledge completion/authorize City maintenance (Pond View Townhomes) Q. CONTRACT 97-02, approve final payment/ authorize City maintenance, repairs and improvements for Coachman Road Water Treatment Facility VI. 7:00 - PUBLIC HEARINGS (SALMON) A. VARIANCE - Tim Thompson, to the required 30' building setback from the public right-of-way for Lot 13, Block 5, Lexington Square located at 1073 Ticonderoga Trail aq B. VARIANCE - Christopher Gabrysh, of 15' to the required building setback from Pilot Knob Road 1 and a request for a Building Move Permit for Lot 6, Block 1, Oster Addition located at 1405 Oster Drive VII. OLD BUSINESS (ORCHID) ? 0Q A. APPOINTMENTS to the Advisory Parks Commission and the Advisory Planning Commission VIII. NEW BUSINESS (TAN) 1 , 61 A. ORDINANCE AMENDMENT to City Code Chapter 11 entitled "Land Use Regulations" (Zoning) 1 by amending Section 11.21 Shoreland Zoning IX. LEGISLATIVE,/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. Updated 9/10/97 at 11:45 a.m. MINUTES OF A REGULAR MEETING OF THE :eptember 2,1997:::: A regular meeting of the Eagan City;.Council was held -;*."Tuesday, September 2,1997 at 6:30 p.m. at the Eagan Municipal Center. Present wei Mgpr Egan. art&.C.6uncilmembers Wachter, Awada, Masin and Blomquist. Also present were City Admii0tY f.-Uii'-Nb'dges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney'flu' n ti�idon. AGENDA City Administrator Hedges noted t�►eileyber..Wmquist had requested that the City Council discuss the Public Utilities CommissidA!9:gio t sp�;fiai�B"' the area code in the greater metropolitan area. He stated that this item could be:�scussed :iiider Legislative/ Intergovernmental Affairs. .... Councilmember Blomquist moved.,:!C A�► i #ie bei .1V a seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE AUGUST 19,1997 REGULAR MEETING Councilmember Masin requested that the first sentence of the fifth paragraph on page four should begin with Ms. Buell instead of He.. Councilmember Blomquist moved,"`:i;tiC:--C:Masin seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 ' MINUTES OF THE AUMST. 9;: ! J7;SPECIAL MEETING :-auridlmember Wachter seconded a motion to approve the Councilmember Blomquist moved; minutes as presented. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS CONSIDERATION FORI.AND BANKING/FUTURE FIRE STATION #6 City Administrator Hedges provided aria v" eiview`'ori'fliis item. Councilmember Wachter asked if the Counh, would allow access onto Lexington AvebUe from t�is:particular site. He suggested waiting to acquire the property through land dedication. Maypr�gan concurred. Councilmember Blomquist added that staff should inform the City Council at such tiffie ;#hat a dq:v opment proposal is submitted for this property. Councilmember Wachter moved, Councilmember Awada seconded a motion to direct the City Administrator and Fire Chief to wait on acquisition of the McCarthy parcel at the northwest corner of the intersection of Lexington and Wescott until time of development,: Aye: 5 Nay: 0 CONSENT AGENDA:: In regard to Item D, Project 700, rtFte"�ia1:s�nt hearing (Hall St. /TH 3 Service Rd - Utilities), Councilmember Blomquist requested that this be pulled from the consent agenda and discussed in more detail later. In regard to Item R, Pro'ect 725, authorize feasibility report Oak Chase Add. - Street Resurfacing), Councilmember Blomquist stated that since she lives in the project area she would be abstaining from voting on this item. Discussion occurred regarding defining the area to be improved. Page 2/Eagan Regular City Council Meeting Minutes September 2,1997 A. Personnel Items Item 1. It was recommended to approve &":hiring of a person:i6:be recommended by the Chief of Police as a part-time 911 Dispatcher. Item 2. It was recommended to accept the res igi.a:of.Adiiiistrative Intern Lorenzo Davis, Jr. Item 3. It was recommended to approve the hiring of Guy Dawson, Jeff Freeman and Mark Samstad as part-time seasonal touch football officials. Item 4. It was recommended to approve the hiriflg: off. truce $.axr}. and David Schomburg as part-time basketball scorekeepers. Item 5. For information only -no action required. Uff Parks arfd--ecreation Department will host an undergraduate internship for Cynthia Fitzsimons thl0all. B. Final Subdivision - Royal Oaks Realty, Iiic �� y;�tite�f: It was recommended to approve a Final Subdivision (Pinetree Forest, formerl4 Evergreen), c'o'nsisting of 54 single-family lots and one outlot on 40 acres located east of Gun Club Road and south of Red Pine Elementary School in the SE 1/4 of Section 36, C. Modification to sign package for Promenade Oaks (Eagan Promenade 2nd Add.). It was recommended to approve modifications to the sign package fcjr,the Promenade Oaks development, Eagan Promenade 2nd Addition. W recommended to reschedule the final item was pulled and considered follo It was xri;$eptember 16 to October 7,1997. (This ie consent agenda.) E. Contract 97-16, receive bids/award contract (Slater Rd. - Sidewalk). It was recommended to receive the bids for Contract 97-16 (Slater Road - Sidewalk), award the contract to the lowest responsible bidder, and authorize the mayor and City Clerk to execute all related documents. F. Project 724, approve consultant, Soui firm of Bonestroo, Rosene, Anderlik & E services for Project 724 (Southern Lakes G. Project 7178, receive feasibility reportl order pu Surfacing). It was recommended to receive the fear - Street Surfacing) and schedule a public hearing to r. It was recommended to approve the 3e: design and construction engineering Project 717R (Country Home Heights )er 7, 1997. H. Project 689, delete pending assessments (Hares & DeLosh Add. - Trunk Storm Sewer). It was recommended to delete the pending assessments associated with Project 689 (Hayes & DeLosh Addition - Trunk Storm Sewer) and authorize the cost to be transferred to Project 663, Valley View Plateau (Street & Utility Reconstruction). I. Contract 97-05, a2l2rove change order *1:: • :r�vc,,�a -,ReKryoir (Trunk Watermain). It was recommended to approve change order -0 :�l�eerw•ood Reservoir - Trunk Watermain) and authorize the Mayor and City Clerk to execute all related documents. J. Project 6158 receive final assessment roll/ order public he4gft (Meadmvview Rd. - Utilities). It was recommended to receive the final assessment roll for Project 615R (Meadowview Road - Utilities) and schedule a public hearing to be held on October 7,1997. Page 3/ Eagan Regular City Council Meeting Minutes September 2, 1997 K. Pr_ oiect 718, receive final assessmentrojort#ef:iC it , eaizFiDeerwood Reservoir -Trunk Watermain). It was recommended to receii�i:ll'ie'fiiial assessme 'i;roll for Project 718 (Deerwood Reservoir - Trunk Watermain) and schedirlL:a final assessment, ring for October 7, 1997. L. Contract with Lifeworks. It was recorrulit id to apprc,4*1be renewal of a contract with Lifeworks Services, Inc. for providing various janitorial""':-:-,-"*.... Parks and Recreation Department. M. Contract 97-17., Lexington/Difflev athletic fields parking lot It was recommended to receive the bids and award Contract 97-17 in the amount of $145,530.00 to Bituminous Roadways, Inc. N. Contract 95-T, acknowledge conpletion/.au# was recommended to acknowledge the coiili*t authorize perpetual City maintenance subject to O. Contract 96-15, approve final payment/ a recommended to approve the second and fir Utilities) in the amount of $7,125.38 to Brow maintenance subject to warranty provisioris. ance (Rahncliff 41h Add. - Utilities). It (Rahncliff 4th Addition - Utilities) and :e �Meadowview Rd.). It was 96-15 (Meadowview Road - the improvement for perpetual City P. Contract 95-GGG, acknowledge completion/ authorize Cite maintenance (Town Centre 100-16",, Allina - Utilities). It was recommended to authorize completion of Contract 95-GGG (Town Centre 100 -16th Addition, Allina - Utilities). Q. Contract 96-W was recommended to acknowledge completion of Cn authorize acceptance for perpetual City maintei#�hce R. Proiect 725, authorize feasibilii authorize the preparation of a feasibility (Councilmember Blomquist abstained fr It -i.N, Duckwood Bluff - Utilities and anty provisions. k:;Qha ' '<Ad -d:*- Street Resurfacing). It was recommended to ibk#'Ior-Project 725 (Oak Chase Addition - Street Resurfacing). voting on this item). Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PROJECT 700, RESC I F3 J 1~:NNA—. f?1�SF$SMENT HEARING (HALL STfT i X -SER 1 1r -RD. trrILITIES) (This item was pulled figm the cont agenda.) Councilmember Blomquist asked how many property. irtwners are to be assessed and why the assessment had not occurred already since the road has been in place for some time. Director of Public Works Colbert explained that the purpose of this project is to assess for sanitary sewer and water and involves four property owners. He clarified that this project is on the west side of Highway 3. He stated that Councilmember Blomquist may ha .been receiving calls regarding Project 673R - Red Pine Lane and TH 3 upgrades. He further stated t)K;€:the reason the final assessment hearing has not been scheduled for that project is ;becomse.thp,-firiAl..eosts,-are not known at this time. Councilmember Blomquist requested that discussionori Project 673R be continued to the Roundtable. Councilmember Aw•ada moved, Councilmember Wachter seconded a motion to reschedule the final assessment hearing for Project 700 (Hall St./TH 3 Service Rd. - Utilities) from September 16 to October 7,1997. Aye: 5 Nay: 0 Page 4/ Eagan Regular City Council Meeting Minutes September 2,1997 ALLINA HEALTH SYSTEM ANDALLINA MEDICAUG—ROUP, ISSUANCE AND SALE OF UP TO $4,750,000 VARIABLE:'#i.ATE DEMAND-UVENUE NOTES, SERIES 1997 City Administrator Hedges item. He stated that there will be no cost to the City and no exposure to the City's b6hd.'za ig:. f1he Council approves this request. Councilmember Wachter asked what the impact would be to the City if Allina defaulted on their loan. Michael O'Lawson, representing Norwest, stated that the City would not be liable for payments if Allina defaulted on their loan. Mayor Egan opened the public hearing'to ai+orie' Wish". U;g to speak. There being no one, he turned the discussion back to the Council. Councilmember Masin moved, Councilmeii&r Aivadaiseconded a motion to close the public hearing and approve the resolution providj4if{r;€t a usuance:tid sale of up to 54,750,000 variable rate demand notes, series 1997 (Allina Health Sysfein and AIl?itiNledical Group) and authorize execution and delivery of the notes, a loan and note purchase agreement and assignment. Aye: 5 Nay: 0 VACATE DRAINAGE & UTILITY EASEMENT, LOTS 3 & 4, BLOCK 1, VERDANT ACRES City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing. -tip am orieKzshing to speak. There being no one, he turned the discussion back to the Council, Councilmember Awada moved, C04.h:c416i,6iiber Masin seconded a motion to close the public hearing and continue consideration of vacating a drainage and utility easement over Lots 3 and 4, Block 1, Verdant Acres, to a future Council meeting concurrent ivith the final plat of Verdant Hills Addition. Aye: 5 Nay: 0 PROJECT 723, SOUTHERN LAKES (TRUNK UTILITIES) City Administrator Hedges provide'ej en'ow-.,6i#:Y1tis item. Director of Public Works Colbert introduced Mark Hanson of Bonestroo, Rosene, Anderlik & Associates who discussed the proposed project. Mayor Egan opened the public hearing to alta' 6ne wis4log to speak. Greg Hoffman, 4164 Cashell Glen, stated that he was the spokesperson for St. Thomas Becket Church. He further stated that a letter had been submitted to the City Council outlining their issues and concerns. He said that the church has cooperated with regard to the temporary and permanent easement acquisitions. He added that the church has hired an engineerftj company and an appraiser to assist them and they requested more time to conduct a study on the proposisd assessments. He said they would like to go on record as objecting to the assessm�nts.if,the,impFouemgnt cost exceeds the benefit to the church. He stated they would request the City do':.. oN zig:::pt. -y*% e.a detailed impact analysis with regard to Ponds LP30 and LP 47, run the 12"watermain along'ttie'not fli property line, defer any assessments to the church until the development of Outlot A occurs, assess the:church at single family residential rates, provide a timetable as to when Phase II will be developed and.:r imburse the church for engineering and appraisal costs. He questioned if Eagan property owners should have to pay for improvements which largely benefit an adjacent City. Page 5/ Eagan Regular City Council Meeting Minutes September 2,1997 Barry Jaeger, representing WoodCi' J.a :9*t is i:there has not been adequate communication with the church and they; :v�'fiof'I�een propeil :notified of the proposed project. He said they take issue with the lateral exten_4&t fees. He added tTsi�- they currently have water service to their site and the improvements will not Nnefit them. He rainier .issues with the storm water reconstruction and the calculation of fees. stated that thaifi*church should be assessed at residential rates. He said that when they purchased the acre :a .tslpiircel in July they were told that Dakota County would pay all the assessments. He fur&*r:sia:tlii}f they are not trying to stop the development of Southern Lakes but they requested the City Council consider phasing their assessments and adjust the fees according to their use. There being no one else wishing tq.�pgak, Mayor Egan turned the discussion back to the Council. Councilmember Awada asked if it would ie:feaS3bl :toxw w.pitermain along the northern property . line. Director of Public Works Colbert expiaine'a that ihe—'reason"6br putting the watermain through the development is for the purpose of providing more fi fiire benefit:.': Councilmember Awada suggested that Outlot A could be rezoned from Public Facility to S*..Ie Family.: -She said she did not feel the Council should reimburse the church for engineering and:ZpIy`�'aisal cow :fncurred by St. Thomas Becket for a separate study. Mayor Egan said that he appreciated the concerns of the church with regard to the cost of the assessments. He explained that the action before the Council is to determine the feasibility of the project and not determine the final assessments. He stated that the cost and design of the project is yet to be negotiated. Councilmember Wachter said that:' i htb:;�ason lie is opposed to this project is because he feels either the developer or the City of Inver G'rOve: i 0. s:should be paying these assessments. He noted that since St. Thomas Becket Church has4:study uit4er_%'*V* the Council should not take action until the results of the study are known. Mayor Egan stated that the repo riiesariot-indicate the total costs that Inver Grove Heights are paying. Director of Public Works Colbert�"eXplained that the reason the report did not include that information is because the City's financing policy with regard to a public improvement project assesses the benefiting property owners. He added that the City of Eagan cannot assess property owners in another City. He further added that fees are being collected through the Joint Powers Agreement that will offset some of the City's cost as identified in the report. Councilmember Blomquist statet3'ftiat:tlier6s iii-�slie'-was concerned with approving the Joint Powers Agreement was because she does not feel tlii :propertSwwners should be assessed if they do not receive benefit. She added that oversizing should rtkhave tole ---done and she questioned whether the City may be charging too much for water if they stazi;:to makdkioney from selling water to Inver Grove Heights residents. She stated that she did not think*t7ie assesslpnt issue had been adequately covered in the JPA. Mayor Egan said that he felt all the issues had been adequately covered in the JPA. He noted that the report for the Southern Lakes utility improvements was incomplete and inadequate. He then referenced the handout that was given to the Council at the n}eeting and he said that it indicates the cost breakdown. Director of Public Works Colberi sant' ►ai th;e L cif began is charging Inver Grove Heights the same rates for water as are charged to Eagan resideiits:' He added that the JPA requires Inver Grove Heights to assume the maintenance and long-term liability of -N -e water system. He further added that the City is trying to ensure that St. Thomas Becket and Wood!;Nst Churches pay no more or no less in assessments than all the other churches in the City of Eagan. Page 6/Eagan Regular City Council Meeting Minutes September 2,1997 Councilmember Awada stated that tYaurces ed t#i utilities in order to develop the land. She suggested that the property be reguid arezoned to itigle Family. Councilmember Masin asked for clarification as to why the revenue is rfiofe than the cost for:?& storm sewer. Director of Public Works Colbert clarified that the assessment is base::on an area wide.assessment and if there is a miscalculation in the assessable area it will be resolved at'& a of the fin6i.:4ssessment hearing. Mayor Egan stated that the City of Eag6n:�WJ2'aile to collect any costs owed by any adjacent property in the City of Inver Grove Heights and that the City of Inver Grove Heights will guarantee that payment. He stated that St. Thomas Becket and Woodcrest Churches will not be required to pay more than the benefit they will receive. Councilmember Awada iii =f ti :vt s i noted -required y the Council in order to assess any property in the City of Eagan. She also rio'tecl't tat:if'ifiere.�:a:three-two vote by the Council the project will still proceed but the properties in the Cify':of Eagaff." not be assessable and the City of Eagan will have to incur those costs. Mayor Egan started that the -taxpayers from the general levy will have to pay the difference. He added that the chuit':k pxopertiki :-.Will receive benefit. Councilmember Blomquist said that she is concerned abo f vK ip:�. groan cq t�:#ftiS:project up front and what will ultimately happen in the end. Councilmember Awadi added that 'fe'gorts indicate the costs will be covered by Inver Grove Heights. Mayor Egan indicated that the City of Eagan has the most to gain from the JPA. Councilmember Wachter stated that if the vote of the Council is three -two then these churches will be given preferential treatment by not being assessed for improvements and all other churches would have to be treated the same. Mr. Jaeger stated,that the proposed assessment is a large amount for their church. He added that there is water to now. Councilmember Awada said that since the properhhas not been platted they have not be6n-ch-ugecf; or -the trunk area and water assessment. She further said that on some occasions the Council:}tas deferted assessments until the property is platted. Mr. Jaeger added that they are providing a beriefit to the; QVV6y;-dedicating the sewer easements. Director of Public Works Colbert asked hoNs,- mUch'thek<:were being compensated for the easement dedication. Mr. Jaeger stated they were :W _000. Councilmember Awada moved, Councilmember Masin seconded a motion to close the public hearing and approve Project 723 (Southern Lakes - Trunk Utilities) and authorize the acquisition of all related easements including condemnation if necessary. Councilmember Wachter stated h Lias kiEeri:ape#.to:the JPA because he feels property owners are being assessed who do not receive beiiefifc`'i;Ie' fiilter s4ated'aat the Council should have worked out a better agreement for the residents of Eagan at the tkMe the JPA was drafted. He said he supports this action because it would be preferential treatment to:these churches if they were not required to pay their fair assessment. Councilmember Blomquist noted t�ai she woad not support the action because of the costs to the Eagan residents. She added that she has iibt seen arty' figures that support the fact that the Cih• of Eagan will make money as a result of the JPA. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) PROJECT 702 & 703 FINAL ASSESSMENT HEARING WOODGATE 2ND & MALLARD PARK 2ND Abb". (STREET REPLACEMENT) City Administrator Hedges prov1tfed:�r.ipyj�n:xe�i;�:b'i'�'tltis item. He noted that a letter of objection was received and signed by five property oivners of t%766dgaEe'Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. Page 7/ Eagan Regular City Council Meeting Minutes September 2, 1997 James Peterson, 1720 Hickory Hi1f:Rad;:6#iktt�fnW�gne sealcoat was done to their streets in 12 years. He added that a the streets were:Oidtly constructed il�t6l:regular preventative maintenance had not been performed. He further added th4-:he felt the City w8:h;6gligent in maintaining the roads. Councilmember Blomquist comme'�d .that the same:kitii�ation has occurred in her neighborhood and she stated that the street program needs ics: ie: prc eai:�p-avoid this situation from occurring in the future. Bonnie McCallum, 1670 Woodgate Lane, presented a petition signed by all homeowners in the neighborhood. She noted that there was one sealcoat performed in 1987. She said that there are new potholes and surface cracks on the streets now—Director of Public Works Colbert stated that there is a two-year warranty with the contractorthatcvixS#ie:k@s ;and workmanship. Norbert Adelmann,1664 Woodgate Lane, sfibwed a satiiple of the condition of the bituminous and stated it was not adequate and he said that theM-.wasn't art;agpropriate base under the bituminous either. Director of Public Works Colbert explained that dN-6 street was constructed by the developer according to the specifications of the City at that time. City Administrator Hedges added that over the years there has been a dramatic improvement in the quality of streets since the late 1970's. Mr. Adelmann said he would like the City to pay more of the assessment. Corey Bultema, 1763 Walnut Lani ;:-r quested to see the City's appraisals from which the assessments were determined. City Attoti ey.S�iel4i..gp.indicated that the pre -project appraisals are privileged information in case an appeal goes to court*%`'%said they could share the results of the City's appraisals but he further said the opinion of th4:City Atfo iiey's office is that it would not be good practice. Councilmember Blomquist asked if tbikCity hadlh Jugal right to prohibit the public from viewing these documents. City Attorney Shelclon:�iixd;:tliai:ilie appraisals are not considered public information because they have always beiiii:piissession of the City Attorneyand not the City of Eagan. Councilmember Blomquist asked4fl! would be acceptable for the City to give all their records to the City Attorney so they would then not be considered public information. City Attorney Sheldon stated that the City can choose to do what they wish with their records, but the appraisals are not sent to the City- and if they were they would then become public information. Mr. Bultema asked who pays for iliplriais aii:i#p:Attorney Sheldon answered that the City pays for the appraisals with tax dollars'fior tole puipowiat:supporting the City's position of protecting the public tax dollars to ensure that those who receiV,• .:benefit pay for the cost of the project and not the general taxpayers. Mr. Bultema restated that he shoi<ild be ably*see the appraisal. City Attorney Sheldon said that there is a specific provision in the:law that pvgvides that should a resident appeal they would have the right to obtain their own appraisal aria if the City: does not prevail the resident would be able to recover the cost of the appraisal. He added that if the City prevails the cost of the appraisal would be recoverable by the City. Mayor Egan stated that this policy is in place to protect the general interest of the whole community. Mr. Bultema said that the City Council should revisit the policy. Councilmember Wachter explained that when this policy was adopted the Council felt it was the fairest way to assess properties. Mayor Egan added that the Council cannot change t. ie policy midstream as long as it is fundamentally fair to all property owners. Mr. Bultema reitei"feel that the Council should examine policies that other communities have adopted :.; .:.:.:.:.:.:.:•...........::::.:.....:. Harold Peterson,1729 Walnut Circle; stated iF df preventative maintenance would have been helpful. Mayor Egan said that the City Council is trying to eg.ferblish a prudent policy of street maintenance. Director of Public Works Colbert provided a b40:analysis of the City's pavement management plan. Page 8/Eagan Regular City Council Meeting Minutes September 2,1997 There being no one else wishing tfx". t:r r ned the discussion back to the Council, Councilmember Blomquist stated that she"W.2Yme&h&dii,fthe assessments to property owners and the street program as it exists today. She W""died that there is r N'**"*"'* for improvement and she said she would like to see the Council increase funding for street repairs.. She said she was concerned about the disparity in the assessment rate for this ar9k.'tbmpared to anA't residential area in Eagan. Councilmember Masin commented uch easier for the Council to pay for assessments out of the general levy, but she added that it does not make sense to change the policy at this time. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and approve the final assessment, 2n-1 Addition) and 703 (Mallard Park 2nd Addition) and authorize its certifich for collection. Aye: 4 Nay: 1 (Councilmember Blomquist opposed because she %NiA:concern :bout the disparity in the difference in the assessment for this neighborhood as compared.kQ Another p;w, and also in the different amounts that are being charged per unit.) :::*:,jq BUSNF­8'5 CERTIFICATION OF THE PRELIMINARY 1998 PROPERTY TAX LEVY, APPROVAL OF THE PRELIMINARY 1998 GENERAL FUND OPERATING BUDGET AND APPROVAL OF THE TRUTH -IN -TAXATION HEARING DATES City Administrator Hedges provi. :overview on this item. Councilmember Wachter noted that thp.Countv'pL6r'ti0n of the tax bill -*vill increase for next year, Councilmember Blomquist stated that she would: like cp, s ffie specific line items in the budget at a future work session. Citv Administrator Hed&.sex.�Ii ikted that the budget can be changed between now and the time of final adoption of the overall levy does not increase. Councilmember Wachter moved, Councilmember A,.-,-ada seconded a motion to approve the preliminary 1998 property tax levy as follows: Cih, Operations $12,463,516 Debt Service 1,243,000 NI'VTA Opt -Out Transit 1,826,347 Cedarvale Special Services District 16,792 Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Av�ada seconded a motion to approve the Preliminan- 1998 General Fund Operating Budget balanced at $16,461,800. Aye: 5 Nay: 0 Councilmember Wachter moved, CouncilmemberNlasin seconded a motion to approve the Truth -in -Taxation hearing dates and to reschedule the regular. -City Council meeting dates as follows: 1 Initial Hearing - Wqdnesda Decemb6r 3, 1997 2. Continuation He'a' gqoptber 16, 1997 3. Regular City Cou"n"c"if 2,1997 is rescheduled to Wednesday, December 3, 1997 Aye: 5 Nay: 0 Page 9/ Eagan Regular City Council Meeting Minutes September 2,1997 CONDITIONAL US#phi`F:= A'' XtELESS SERVICES City Administrator Hedges providW an overview on tli :ftem. Senior Planner Ridley gave a staff report. City Administrator Hedges noted that the Adviso..Planning Commission recommended that the City Council reconsider the Commifations Ordinanct:rvith respect to placing antennas in Public Facility zoning districts. He stated that5 has..ztQ.fft'4hn opportunity to address the direction provided at the July 1 City Council meeting to cTa iYl af:?ib'perties these types of uses would be allowed on. Councilmember Blomquist said that the ordinance should be studied to determine what percentage of residential property should be involved. City Administrator Hedges said that. the City Attorney had prepared an Interim Use Ordinance which would allow the Ci to stud and att' City y d�ss;:��-k1#e:�sii�i:i�.volved pertaining to this matter. Councilmember Awada stated that the Coiincil'does'itdt IX;ifnttos#ow down the progress of technology but she added that defining the rules regarding the &i ement of .ilitennas will be to the benefit of everyone involved. She further stated that she does:-D4t have a�y..problem placing antennas in commercial districts. She added that the ordinance�ttes the giifiting of a Conditional Use Permit shall not change the central character of the neig�t�ior�igod of :�i Bstaiitially diminish or impair property values. She further added that it could be argued tii'af t'he placerh@kif'of an antenna in the backyard of a residence may reduce the property value. Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve an interim use study to address site locations for communication towers. Councilmember Wachter suggestiid:t�-ik&!la 4scaping should be done to provide for better visual impact. He also suggested the possibility of placiitgatiE:innas on power poles. Councilmember Awada stated that theAdvisor�:.Z3iaiuii�ig Commission should be directed to study and recommend the appropriate site locitioiis:iiiciliiiember Wachter said that the changes should be incorporated into the Comprehpttsuiaide Plan when it is updated. Peter Beck, representing AT&T, stated that this issue has been studied and discussed in great detail with staff and at many workshops of the Advisor), Planning Commission. He noted that there are no industrial or commercial areas to locate the antermas on within this four to six mile area. He said that delaying action to study this matter will not solve the problem of providing service to this area. He further said that the current ordinance ......ii 1 :7 tr'iet ire. He added that this site complies with the ordinance and should be givencv'iLaxieraii'i -t even- mg. Mayor Egan stated that the intent of the Coubiiil is not:#i :xielay this matter for a long period of time. He added that information from the many past heetings Will be incorporated into an amended ordinance. He said that the Council wants to improve the curri r t ordinance. Mr. Beck stated that federal law applies to this matter and the City cannot take action that would prohibit service from being delivered to the residents. Councilmember Awada said that placing an antenna on this site would clearly be a detriment to the homes in this area. Mr. Beck stated that these poles cannot be made invisible to private homes. He further std that these facilities will generate opposition under the best of circumstances since they have to Wz n certain Iocations in order to provide the appropriate service. He added that ATT&T ;hAs teen patiexit.and has complied with the current ordinance and they need to proceed in or. this this area of the City. Councilmember Blomquist stated that the Council shiouid proceed with the interim use study which is consistent with the direction provided by the Council: zi:July. A vote was taken on the motion. Aye: 5 Nav: 0 Page 10/Eagan Regular City Council Meeting Minutes September 2,1997 Mr. Beck commented that this actiQt :o`.t : x$; k ci fficult position because under the federal law that governs the siting of communication:'tossers:-Hi6�-'�ai"* '; O*days to decide whether to pursue legal remedies. City Attorney Sheldon stated that :.the Council is cGMii Bring changing the Antenna Ordinance, portions of that ordinance relate to the Zoruii Qidin: rnpe:qpd:A�public hearing will need to be held at the APC level. He said that the Council needed to'ta .'c'#ic -":O-'deny the application before them based on the passage of the interim ordinance or the applicant would need to give consent to a continuance of the existing application until the matter is resolved with regard to the ordinance. Mr. Beck stated that they need the site now and could not agree to an extension of this application. He added that he did not for the Council to deny their application. He reiterated that they have cofripiiec : oth ilie'sf i ards as they currently exist. Mayor Egan noted that the construction of fi.e. to,,ver could be construed as being detrimental to the public, health, safet% and welfare, it is not harpai�ous A•it€i;#€ie general and applicable objectives of the Comprehensive Guide Plan for this area. �ii.4 149' nai>:e m ttible with the general existing terrain or the surroundings. Councilmember Blomgi!!k`t&ted thAt:all:of'the reasons that were given in support of denial of the AT&T application at the Juh• 1 City Council meeting should be included in support of denial on this application. Councilmember Blomquist moved, Councilnnember Awada seconded a motion to deny a Conditional Use Permit to allow a 100' communications tower and equipment building located at 1310 Cliff Road (Parkview Golf Course) in the %?tt ?;:of Section 34. Ave: 5 Nay: 0 CONDITIONAL USE PERMIT - MARY h1QTHER`Or MERCY & GOOD HOPE SHELTER, INC. City Administrator Hedges provided ani pie `igi+;:or fl'iis item. Senior Planner Ridley gave a staff report. Jim Walston, attorney for the applicant. and Deli Jones, Executive Director for the applicant, were available for questions. Councilmember Wachter asked if this property is tax-exempt. Mr. Walston indicated that the properh• will be tax-exempt in 1993. Councilmember Awada moved, Cogpi;W.,�mheF:-BlQmquist seconded a motion to approve a Conditional Use Permit to allow an emerkoik,' Aizlfer:Ai0 ttans: tional living center for homeless woman and children in Dakota County located at 3430 Weseott Hills Drive in the NE a of Section 14 subject to the follo,.ving condition: 1. The Conditional Use Permit shall N?.46corded':'a$,bakota County within 60 days of approval by the City Council. Aye: 5 Nay: 0 CONSIDER CLAIM FOR DRIVEWAY REPAc.IR- BRIAR CREEK ROAD Councilmember Awada moved, Councilmember Wachter seconded a motion to deny a driveway repair claim requesting driyev,av replacetneiti'tri;tia8'$iLr:Cieek Road. Ave: 5 Nay: 0 Page 11/Eagan Regular City Council Meeting Minutes September 2,1997 CONTRACT 97-13,5VT:) LAN J2.ER AD FOR BIDS (SOUTHER :i AICES - TRUNK :�J.T--ILITIES) Councilmember Awada moved, Cd, iti'tcilmember WacWr. seconded a motion to approve the plans for Contract 97-13 (Southern Lakes Ti'tti k:Utility Extens lts} and authorize the advertisement for a bid opening to be held at 10:30 a.m. Friday, Otto€ier 3;1ye: 5 Nay: 0 LEGISLATIV41 NT'ERGOVERNMENTAL AFFAIRS DAKOTA COUNTY, NORTHERN SERVICE CENTER SITING DECISION City Administrator Hedges provide£:Riic:rieiie?s;4c tfiis'item. Councilmember Wachter stated that he did not feel the Northern Service Center shod 14—be locat :in Eagan. He felt it would not be much of an advantage and it makes more sense to locate if oii:Robert'5freet in West St. Paul. Councilmember Masin disagreed st4Ung-th—f t' . hn 1he:center in Eagan would be convenient. Councilmember Awada asked how much iroFlc; iirould fie:;i iupit>ed in submitting Eagan's name as a possible site. City Administrator Hedges explained that the City could indicate a couple of desired locations and submit them to the County who will make a determination. He suggested the TH 149/55 and Promenade areas as potential locations for the site. Councilmember Blomquist said that she would support including Eagan to be considered for the center. She added that the County commissioners who serve Eagan should be contacted regarding this possibility. Councilmember Masin moved, CouriciJ#ii�iibE!r.Blomquist seconded a motion to direct the City Administrator to submit two sites, including Hi6N'i=ay�:74 .! 5S:and the Eagan Promenade shopping area, to be considered for the new Dakota County N60-hern Service.CQnter. Aye: 4 Nay: 1 (Councilmember Wachter opposed) Councilmember Blomquist stated:at:slte' liad talked to Jennifer Hearon of the Northern Dakota County Chamber of Commerce and the Eagan Small Business Association regarding the proposed change to the area code. She noted that the change will affect local businesses and their advertising efforts. City Administrator Hedges said that Assistant to the City Administrator Hohenstein had contacted various entities to determine their positions with regard to the proposed change. He noted that a memo had been prepared by Assistant to the City Administrator Hohgmt4?in. outlining the information. He commented that the City Council could stress to the Pi( *Iilac::i7:�1t i g:C-oiiki�ix5gion that they would prefer that the new area codes do not divide the jurisdictional N6ii iiiarn''of't *ie-Cify:%Councilmembers concurred and suggested that the Chamber's findings should also L*r.eview•ed:when available. Councilmember Wachter moved, Councilm­tr Blorjii�iiist seconded a motion to recommend that the Public Utilities Commission's decision regarding new aria codes not divide the City of Eagan's jurisdictional boundary. Aye: 5 Nay: 0 ROUNDTABLE City Administrator Hedges suggested some possible Qas for Councilmembers Blomquist and Awada to consider for meeting with the Comprehensive Guidir4,eview Committee. He distributed copies of future work session topics. Councilmember Blomquist stated that she would like more budget work sessions to be held in order to further discuss the budget in greater detail. Councilii-' 'inber Masin mentioned a future work session should be held to discuss prioritization and visioning Mr" he Council. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve Special City Council meetings on September 30, October' 7, October 14 and October 28 for topics presented by the Page 12/ Eagan Regular City Council Meeting Minutes September 2,1997 City Administrator including opportuniti�s'iiaz C i ifi # ?5 : iftand additional budget review. Aye: 5 Nay: 0 Councilmember Wachter requested :information on the iiRcreased cost of hospitalization insurance. He said that he is happy to see "tithe Uus benclt;itiry will be addressed at an upcoming work session. Councilmember Aw•ada asked when comparable worth will be reviewed by the Council. She also asked if Councilmembers were interested in having the Personnel Committee review the affirmative action policy for the City. Councilmember ltlasin commentefil: i ra `i�icki i;•'1fptern Lorenzo Davis, Jr. had resigned from his position and she stated that he did'a'grea't'Ciaria te�i}jie missed. She mentioned that she is going to be serving on a volunteer committee associated with the bepartment of Transportation. Councilmember Blomquist asked about P.o;ei t 673R�Iiei'E Pine Lane and TH 3 upgrades) and why the property owners had not yet beei�;asseg '.' f3� k -(c'' ii ublic Works Colbert reiterated that the reason the final assessment hearing has n6f-b6& schediii4ts'liecause the final costs are not known at this time. Councilmember Blomquist said that this has put constraints on some of the property owners due to the pending assessments. Director of Public Works Colbert stated that building permits are still issued even if there are pending assessments on the property. Councilmernber Blomquist requested to see the pending assessments for these properties. xMiM REGISTER Councilmember Wachter presented City:Adniirii3trafor Hedges with questions on the bills list and Councilmember Blomquist reserved her ri�i't to commei-it.:0 i the bills. Councilmember Wachter moved, lt�#�'.ar;��ifri seconded a motion to approve the check register dated August 28, 1997 in the amount of S'i831463.62. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 10:10 p.m. Date City Clerk MLK if tou 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, h'1N 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The Cita- of Eagan is committed to the policy that all persons have a jual access to its programs, services, activities, facilities and employment without regard to race, color, creed, reli&6,:national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.:.:..... MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota :'*.August 26, 1997 A special meeting of the Ea•gan:Citjf .Colrcil.was.tleld on Tuesday, August 26, 1997 at 5:00 p.m. in the Community Room of the Eagan Municipat: iter:titi?fditig;:: Qte6ttit.were Mayor Egan and City Councilmembers Awada, Blomquist and Masin. City Councilmember Wachtet'was'8bsent. Also present were Director of Finance VanOverbeke, Director of Public Works Colbe�;:birector of Parks & Recreation Vraa, Fire Chief Jensen, Police Chief Geagan, Assistant to the City Administrator::�tohenstein, Administrative Intern Davis, Chief Building Official Reid, Senior Planner Freese and City Administrator Hedges. FIRE RELIEF ASSOCIATION PENSION City Administrator Hedges;..provided background information on meetings he has had with members of the Fire Relief Association to discyss a proposal to change from defined benefit to defined contribution and the City Council's direction on the appropi7;4te beneftt.V'vel. Mark Sportelli, President ot': a Fire ROW Association, was present and thanked the City Council for their willingness to consider a change from a.defined..benefit,to a defined contribution pension plan. He further stated that he has also appreciated all the assisf4mod: ie:.C y;AdMiMistrator, Director of Finance and City Council have given since the concept was presentedIrT ebriigry: 'Mt:�p'aitelli also stated that originally a request was presented to the City Administrator that involved a buy-out at the $4,200 pension level, which would have required a cash contribution of $987,825 by the City. He stated that after advise from the City Administrator that this type of buy-out was not possible, the request was reduced to a defined contribution of $3,650 at an annual increase of 4% based on pool earnings at 6.2%. He thanked the City Council for their offer at $3,385 at an annual increase of 3% with pool earnings at 6.2% and stated that the difference is only $Z$,5.00 between the Fire Relief and City proposal and encouraged the Council to consider their request. City Councilmember Awada ;.s#aiei: itis# as' a:trjafter of clarification, the City Council authorized the Fire Relief Association to pursue special legiobt.i&Yfor a defin�d:benefit amount up to $5,250; however, it should be made clear that this action did not assume approval: -of. a lumpr':sum defined benefit in the amount of $5,250. City Councilmember Awada further stated that the ,by the City Council is an excellent pension and offered that the pool earnings should be much high6(:i6, iK::'4abouth&,::6.2% which would be more realistic. City Councilmember Blomquist stated that she was also concerned :t>ne $5,250 lump sum equivalent request by the Fire Relief Association and feels the City Council's proposal is adequate and provides a good pension program for the volunteers. Pat Diloia, representing the Fire Relief Association Board, expressed concern about the 3% annual increase, stating that 3% of their pension allocation does not generate the kind of dollars that a 3% increase provides for a management position at $40,000.:$$01x]Q0 with tjle.same percentage increase. City Councilmember Blomquist stated that she feels the 3% is f ........€F. . ...... y.:.gQncil needs to look at 100 firefighters and the cumulative effect of the percentage increase<:f6F:4ach of.tf3 :volunteers. Fire Relief Association members Diloia and Sportelli also expressed concern about exteiiding the aW01,ment from three years to ten years, stating that seven years would be more reasonable for a review; by the City._ Council and Relief Association. City Councilmembers discussed the request and suggested an a wt year agfe6hient. City Councilmember Blomquist stated that if the firefighters are worried about the risk that viril4e:essiirt$t#: yi�def ttie• defined contribution, the City Council has no objection if they stay with the defined benefit:: :::::.::::;:::•`•:::::: Fire Relief Association member Diloia further stated that it is a proposal of the Relief Association that the City pay the entire $20,000 for administrative costs. Director of Finance VanOverbeke stated that the actual administrative cost will be less if the Fire Relief Association adopts the defined contribution, because an actuarial report will not be necessary, which generally costs,�3:0QQ-*:4-.000 when completed. He further stated that there will probably be more control on the expenditure$:#.,.:fi®y::�av®::;a::direct impact on the firefighters and not 100% the obligation of the City. The estimates all show:fj e:i3dminisi�i i4."t4x, estimate of $20,000 funded from the total City contribution, thereby being the full responsibijitji:Af the Fire Relief f�ss>pciation. City Councilmembers su§okBted that the City arttt::the Relief Association could possibly split the cost or the City would be responsible for the:,frrst. $7500.,. Afier.•Jvl.ftr discussion, Mayor Egan suggested that the Page 2/Eagan Special City Council Meeting Minutes August 26, 1997 Relief Association work with the City Adminittr�tor in an effort to resolve these issues so an agreement can be reached on the new pension program betweeri tl4 Relief Association and the City Council. PRELIMINARY 1990.-'f:RlkLOUN0; DERATING BUDGET City Administrator Hedges..ir1troduced the Preliminary 1998 General Fund Operating Budget. stating that the presentation would consist of iii : ►verview of the General Fund Budget, an executive summary of the proposed budget and a methodology for prepQ"'g the levy certification for collectible 1998 taxes. City Administrator Hedges started by reviewing the purpose of the Special City Council meeting, stating that the City is required to certify to the County Treasurer -Auditor on or before September 15, 1997 the proposed property tax payable; a proposed 1998 budget; and public hearing and continuation hearing dates for truth -in -taxation. Director of Finance VanOverbeke provided information on the proposed calendar that includes the date for ratification of the proposed levy ce^!ifration, the preliminary budget adpptt n and dates for the public hearing and continuation hearings for truth -in -taxation. Mayor Egan proposed that':ff a first City::Qouncil meeting in December be changed from Tuesday. December 2 to Wednesday, December 3, which is the otti(fi.:date the City could hold the initial public hearing, further stating that initial public hearing dates have air®ady been':.Cheduled by other taxing authorities for Monday, Tuesday and Thursday. December 1, 2 and 4. City:'C'ouncilme"Oi6ers agreed that the Wednesday, December 3 date is preferable over any other dates if the City Qpp: lt;rr+eeting.has;tn.:ba rescheduled to satisfy the truth -in -taxation requirements. City Administrator Hedges reviewed the budget formulation process, thanking all the Department Heads for their work during the past four months and further, reviewed the recommended budget which totals $16,560.000, an increase over the 1997 budget of $607,900 or 3.8%, He stated that the contingency in the City Administrator's budget is estimated at $363,800, which represents 2.2% of the proposed budget. The City Administrator further reviewed revenue estimates, stating that certain:.revenues are higher while others are proposed to decrease: however, he stated that any revenues that': ::reliant on development fees were budgeted conservatively, which has been the City Councila,araditirsn:diir.'igg the past decade. City Councilmembers stated that they prefer budgeting development relaW41,:i&6nue's in a:40nservative matter., so there isn't a dependency on those type of fees as development continues -to decrease intet�,;ity throughout the City. City Administrator Hedges further reviewed expenditure appropriations, statkig;ifw.tbe increase in personal services represents approximately 78% of the total budget increase. He stated that a h'aif>tjposition was eliminated in Finance and the Community Development Director position in Community D'evelopntenf'. He stated that the increases are for salary increases to regular and temporary personnel, volunteer firefig'hter-'compensation, three new Police sworn officer positions and an MIS Intern. Director of Finance VanOverbeke provided an explanation of how the ad valorem tax levy certification was prepared for 1998. He stated that the total tax levy, without the MVTA, is $13,756,716. He stated that 90.4% of this amount is for the general fund,. while 6.3% will be allocated to the street fund and 3.3% to the equipment revolving fund. He stated that this pMP6i1:inclu0gs0-.M6imum property tax levy, under restrictions set forth by the Legislature, with the imposition of:#eiry,lir't'iliis; h*'furtlie :*Idicated that the proposal eliminates the need to sell equipment certificates for both 1997 x4'.1998, wtjl:~1i:is a high priority by the City Council. City Administrator Hedges stated that the ad valorem tax also 11 &des a faf=$100,000 addition to the 5% amount of gross levy that is historically levied for the major street fund.:�.Oi stated that; this has also been discussed as a priority by the City Council. Director of Finance VanOverbeke:sf*fed, that -fie::tax capacity rate increase is 3.8%. Director of Finance VanOverbeke further explained the City taz; Cbt cif y::rr fe:,:5b t%ii *:,thit 1997 actual payable was .21743, while the 1998 estimate is .22564. He stated that the''reasb'ri tiie'' aX::cap6'6'lt� rate has increased is due to the change in property tax classifications, which decreased the overall gross tax capacity for the City. He stated that in 1997, the gross tax capacity was $67,548,519; the estimate for 1998 is $66,599,526. If there had been no legislative changes, the gross tax capacity would have been $74,040,693. Director of Finance VanOverbeke further stated that even though the tax classification rates have impacted the overall gross tax capacity and as a result the tax capacity rate, most of the homes in the City of Eagan will experi";e..0:4eefease in the property tax in 1998 if their market value does not change, He stated that with the tax: 1j3s5ifiC2fiiici:;i te:-changes, there was relief for high value homes, which represent most of the homes within the: ity'and the spen'di{%Wumn of the property tax statement will show a decrease. After various questions by the C4.Council, the City "A,t ninistrator was asked to review the executive summary Page 3/Eagan Special City Council Meeting Minutes August 26, 1997 City Administrator Hedges reviewed eleven points in the executive summary, stating that most of these points are the main issues in the City Adhiiii'strator's budget for 1998. Mayor Egan thanked the City Ait#r iiisfi €i i #pr tii Roeilent budget document and suggested that the City Council review each of the items in'-'eeeiiflve:siirttiriraij:a}long with any other questions regarding the operating budget. City Councilmember Blornro"lst stated that she would like to share her general budget philosophies, which include not spending windfalls based on tax capacity increases; she suggested that more dollars be allocated to street maintenance; she would like further discussion on why the storm water utility was removed from the general fund and taxed as a separate user fee on the water and sewer bills; and that consideration be given to generating more revenues in the Park Department for programming. City Councilmember Awada*: ted that .77-°10 of the operating budget is personnel and continued to question why technology is not reducing the mod and reliance for clerical personnel. She further questioned the need for more ?olice personnel. Chief of P. lice Ge4d`h explained that the community has grown to expect programs, such as D.A.R.E., community policing and other'related services which are labor intensive, in addition to police responding to the traditional police catfi3 grid; pafk�sf::t#ules:;;::He; stated that the budget could be reduced; however, the Police Department service wosigeti6d lil:: :i (:11>:: gsponding to calls with no other programs associated with community policing. Mayor Egan asked if there are any additional reductions in Community Development, specifically asking about Steve Dorgan's position. City Administrator Hedges stated that he is proposing to not fill the position, however, to leave the position as a vacancy in the budget until the City Council has set its policy regarding code enforcement for residential properties and other related regulatio,ns:::::}#e stated it is possible the position could be eliminated after further evaluation. City Councilmember Masiri::si5ked-**Chief of.::Police Geagan about the D.A.R.E program and specifically how effective the program is. Chief Geagan stated: that there are a number of studies that address D.A.R.E.; however, it is hard to measure what fire:liztpdd--.is.on fifth graders with or without the D.A.R.E. program. Mayor Egan asked the City Administrator to reviewt}ie s�i>kC}ai.::rep.Qrt on the Parks & Recreation budget. City Administrator Hedges stated that, as directed by the City"CoLM ..:.:a more in-depth analysis of the Parks & Recreation budget was prepared for City Council review. He stated thai as a part of the study, staff included results of the activity based costing that were prepared in 1993 and 1994. He stated that this allows the Council to evaluate how the Park Department expenditures are broken down, such as overall maintenance of parks and trails. recreational services, park planning and development and public facilities/services-non-park. After further review, City Councilmember Blomquist stated that she would prefer to see programs reduced where there is a limited or no cost benefit to the City and to increase the user fees..for certain programs which allocate more of the cost to the user. She further questioned the amount of mowing aRtf:iivFiet igr ther®:bdiilrf:be some savings by cutting back on some of the boulevard mowing operation. DirectorRt;C86rtior'r lrraa stated that this mowing is performed by seasonal employees at a total cost of $6,5Ci©;#o $8,506::Nr•the season. City Councilmember Blomquist further suggested that two Planning positions be eliminated. City Councilmember Masir :*:ted .tbat::iOg,.does .nRt agree with reducing programs in Parks or other departments, especially in a growing coirri>iiity:::GityouiictttiBmber Awada stated that her suggestion is not to necessarily reduce or eliminate programs as it is to bring`tltie*fo(al recreational cost and direct services closer together so there is direct correlation between the programs and user fees. City Councilmember Awada also suggested that the levy certification be reduced by $50,200, which is the approximate cost of a Planner position and is the actual difference between the contingency budget in 1997 and the amount proposed for 1998. Director of Finance VanOverbeke reminded the City Council that ar)y.reduction in the total levy certification for 1998 will reduce the base and could limit the City Council's ability.:ttitise:;irrveruue from property taxes in 1999 and subsequent years. . City Councilmember Blomgidst stated that she-:is::in support of City Councilmember Awada's proposed levy reduction, which would Iowa;:•the overall City budq!�. to a 3.6% increase. City Councilmember Blomquist further stated that in addition to th*'tr luction in the contio4ency by $50,200, she would propose a further Page 4/Eagan Special City Council Meeting Minutes August 26, 1997 review of the Park programming by reducing:oettain programs where there are few users and high costs, increase other user fees to bring the recreation cost an6direct services closer together, consider a downsizing in the Planning positions, reduce the number of Police officers. from .fhree to two and allow the Police Chief to determine whether it should be one patrol officer and onedetecfjv::tjr:;f*io:;parol::�stiicei': and further to fully evaluate the seasonal boulevard .mowing program to determine if thete'ar:e, fifi :66st:savirko-to*that service delivery. City Councilmembers conctftr# with City Councilmember Blomquist's suggested changes and the City Administrator was directed to reduce tf ::levy certification by $50,200 and all other reductions would be reappropriated to the street construction fund to provide a greater allocation of revenues for the street infrastructure system. Mayor Egan again thanked the City Administrator for an excellent document. It was agreed by the City Council that no additional budget work sessions would be necessary prior to the adoption of the preliminary budget and levy certification scheduled for the September 2 regular City Council meeting. Date $INESS There being no further busi"e s, the meeting was adjourned at 9:00 p.m ..... . . ...... ..... .. . .... .. .......... . . . . . " City Clerk TLH MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 11, 1997 SUBJECT: AGENDA INFORMATION MEMO FOR THE SEPTEMBER 16, 1997 EAGAN CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval of the September 16, 1997 City Council agenda and the regular City Council meeting minutes for the September 2, 1997 regular Council meeting and special minutes from the August 26, 1997 meeting, the following items are in order for consideration. PLEDGE OF ALLEGIANCE The City Administrator, a certified merit badge counselor for citizenship in the community, provided a merit badge counseling class to local Boy Scout Troop 446 on Monday evening, August 25 in the City Council Chambers. There were approximately 16 Boy Scouts present for the merit badge class, in addition to several parents and leaders. A requirement for the merit badge is to attend a portion of a regular City Council meeting. The troop is planning to attend the September 16 meeting and has made a request to lead the Pledge of Allegiance at the beginning of the meeting. Scout Masters include Sue Krisnik and Tom Murphy. Agenda Information Memo September 11, 1997 DEPARTMENT HEAD BUSINESS A. 431ENDMENT-OF ,IOINT_PONVERS.AGREE�IENT FOR GUN CLU .LAKE WATERSHER-MANAGnIENT ORGANIZATION, ACTION TO BE CONSIDERED: To approve or deny a request to amend the Gun Club Lake Watershed Management Organization Joint Po« ers Agreement. ATTACHMENTS: Enclosed on pages 3- through I is a memo prepared by staff outlining the request. TO: HONORABLE MAYOR AND CITY COUNCIL C/O THOMAS HEDGES FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: AMENDMENT TO GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION JOINT POWERS AGREEMENT DATE: SEPTEMBER 11, 1997 Background The Gun Club Lake Watershed Management Organization was formed on June 1, 1985 through a joint powers agreement under the authority conferred to the member parties in 1982 through the Metropolitan Surface Water Management Act. The City of Eagan makes up about 90% of the area of the WMO, while the remainder is comprised of the southern portion of Mendota Heights and the western portion of Inver Grove Heights. Historically, the WMO's annual budget has ranged from $30,000 - $50,000. The revenue that funds the budget comes almost entirely from contributions by the individual communities and grants. The City of Eagan's contribution ranges from $12,000-$15,000 annually and has been paid from the operating budget of the City's storm water utility fund. In 1995, legislation was passed that required the WMO to update its watershed management plan. The revised plan has been written and submitted to the Minnesota Board of Water and Soil Resources (BWSR) for approval. In 1996, the Legislature passed language that required WMO's to amend their joint powers agreements to address issues regarding advisory committees, organization/structure, and funding. BWSR has reviewed the revised watershed management plan but is withholding final approval of the plan until each community within the Gun Club Lake WMO approves the required amendments to the joint powers agreement. Issue The proposed amendments to the joint powers agreement are attached. The amendments regarding advisory committees and organization/structure are straight forward. The main issue has to do with those aspects of the JPA that deal with funding. Section 7 Subdivision B of the amendment reads that the WMO "shall exercise the authority of a watershed district .... to a adopt a budget and decide on the total amount necessary to be raised from ad valorem tax levies to meet the budget". It should be noted that the amendment does not require the use of ad valorem taxes as a funding mechanism but only allows it, and that the use of ad valorem taxes is left to the discretion of the individual communities. At this time, the WMO Board does not foresee adopting a budget that is significantly different from those in the recent past and thus there should be no reason to consider funding mechanisms different from those used historically. Staff Recommendation Staff recommends that the proposed amendment to the Gun Club Lake WMO Joint Powers Agreement be approved by the Cite Council. Rich Brasch Water Resources Coordinator cc. Ken Vraa T AMENDMENT TO GUN CLUB LAKE WATERSHED JOINT POWERS AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT ORGANIZATION THE PARTIES TO THIS AGREEMENT are cities which have land within the Gun Club Lake Watershed. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes 1996 §§ 471.59 and 103B.201, gi. 5eq. 1. EXISTING AGREEMENT. The existing Joint Powers Agreement for the Gun Club Lake Watershed Management Organization shall remain in full force and effect, except as specifically amended by this Agreement. read: 2. SECTION 5 of the Joint Power Agreement is amended in its entirety to 5. Advisory Committees. Subdivision 1. Technical Advisory Committee. Dakota County and the Dakota County Soil and Water Conservation District shall be requested to appoint a nonvoting advisory member to the WMO. Subdivision 2. Citizen Advisory Committee. The WMO may establish a citizen advisory committee from the public at large. The WMO may consult the Citizen Advisory Committee on the development, content, and implementation of the plan, including the allocation of costs and governmental authority and responsibilities during implementation. 2. SECTION 6, SUBDIVISION 5 of the Joint Powers Agreement is amended in its entirety to read: Subdivision 5. Organization/Structure. At the first meeting of the Board and in January of each year thereafter, the Board shall elect from its managers a chairperson, a vice chairperson, a secretary, a treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. Except for the position of chairperson, any manager may be elected to more than one office. At the organizational meeting or as soon thereafter as it may be reasonably done, the WMO shall adopt rules and regulations governing its meetings. Such rules and 47650.01 02/27/97 regulations may be amended from time to time at either a regular or a special meeting of the WMO, provided that at lest ten (10) days prior notice of the proposed amendment has been furnished to each person to whom notice of the Board meetings is required to be sent. The chief administrative officer of each member community shall be notified of the dates and locations of all meetings. Meetings must be held at least annually. Unless otherwise provided by notice to the public, meetings of the WMO shall be held in the council chambers of one of the member cities. The dates, times, and locations of annual, quarterly, or special meetings of the WMO shall be posted on the bulletin board of each member City at least ten (10) days prior to the date of the meeting. 6. SECTION 7, SUBDIVISION B of the Joint Powers Agreement is amended by adding the following subsections: (D) Shall exercise the authority of a watershed district under section 103D.911 to adopt a budget and decide on the total amount necessary to be raised from ad valorem tax levies to meet the budget. (E) Shall exercise the authority of a watershed district under section 103D.915 to certify its budget with the auditor of each county having territory within the joint powers watershed management organization. (F) Shall exercise the authority of a watershed district under section 103D.901 to file approved assessment statements with each affected county. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minn. Stat. § 471.59. Approved by the City Council CITY OF EAGAN 47650.01 02/27/97 1997. BY: 2 um Its Mayor Its City Clerk Approved by the City Council Approved by the City Council 1997. 47650.01 02/27/97 3 CITY OF INVER GROVE HEIGHTS BY: Its Mayor AND Its City Clerk CITY OF MENDOTA HEIGHTS BY: Its Mayor AND Its City Clerk Agenda Information Memo September 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 Relief Association/Defined Contribution Pension Plan -- ACTION TO BE COtiSIDERED: To accept an agreement reached between the Fire Relief Association and City Council to change from a defined benefit to a defined contribution pension plan subject to the following conditions: The amount available per firefighter per year, assuming 100 firefighters, is $3,385. The agreement will be for eight years. > The City will continue to pay 100% of the State Approved Administration Expenses. (It should be noted that this cost should be less given the fact that an actuarial report is no longer necessary on an annual basis.) The plan will include a 4% annual increase per year. Item 2. Ratification/Clerical Contract— ACTION TO BE CONSIDERED: To accept the agreement reached between the City and the clerical bargaining group relative to a three year contract for 1997 – 1999. FACTS: A memo will be forwarded with the Administrative packet on Monday. September 15, summarizing the position of the City Council and results of a vote taken by the clerical bargaining unit. Item 3. Part-time Temporary High School Interns -- ACTION TO BE CONSIDERED: To approve the hiring of Jennifer Petsinger and T. J. Simon as part-time temporary high school clerical interns with the Parks and Recreation and Fire Departments. Agenda Information Memo September 16, 1997 Eagan City Council Meeting PERSONNEL ITEMS CONTINUED: Item 4. Resignation/Part-time Building Maintenance Worker— ACTION TO BE CONSIDERED: To accept the resignation of Part-time Building Maintenance Worker Richard Johnson. B. APPROVE RESOLUTION FOR PUBLIC HEARING ON BONDS TO REFINANCE CINNAMON RIDGE MULTI -FAMILY RENTAL HOUSING PROJECT ACTION TO BE CONSIDERED: To approve the resolution calling for a public hearing on bonds to be issued to refinance the Cinnamon Ridge multifamily rental housing project. FACTS: ➢ The City has been asked by representatives of the Cinnamon Ridge Limited Partnership to assist in the restructuring of the Multifamily Housing Revenue Refunding Bonds $8,000,000 Series 1992 Cinnamon Ridge Project. ➢ The bonds for this project were originally issued in 1985 and were first refunded in 1992. ➢ The City Administrator and Director of Finance have had one meeting with representatives of Cinnamon Ridge to review and better understand the tax increment note related to this bond issue and this project. Additional work will be required in advance of the public hearing. ATTACHMENTS: ➢ Resolution calling for public hearing and related form of notice on pages #tQ Q and 11 . 0 FROM LEONARD,STREET & DEINARD [FRI) 9. 5' 97 12:24/ST. 12:200, 4260433841 P 2 CITY OF EAGAN, NE NESOTA ResoIudon No. RESOLUTION CALLING FOR A PUBLIC HEARING ON BONDS TO BE ISSUED TO REFYNANCE THE CINNAMON RIDGE MULTIFAMILY RENTAL HOUSING PROJECT WHBREAS: (A) The City of Eagan has issued its $8,000,000 Multifamily Housing Revenue Refunding Bonds (Cinnamon Ridge Project) Series 1992A (the "1992 Bonds") and its $3,245,000 Multifamily Housing Revenue Second Mortgage Refunding Note of 1992 (Cinnamon Ridge Project) (the "1992 Note % which 1992 Bonds and 1992 Note refunded in their entirety the City's $11,350,000 Multifamily Housing Revenue Bonds (Cinnamon Ridge Project) Series 1985; (B) Cinnamon Ridge Limited Partnership (the `Borrower") has proposed that the City refund the 1992 Bonds and the 1992 Note in their entirety through the issuance of its Multifamily Housing Revenue Refunding Bonds (Cinnamon Ridge Project) Series 1997 (the "Refunding Bonds") in an original principal amount equal to the outstanding principal amount of the 1992 Bond and the 1992 Note; (C) Under Internal Revenue Code, Sections 147(f), "public approval" of the Refunding Bonds is required after a public hearing for which published notice has been given not less than 14 days in advance; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. The City Council will hold a public hearing on the issuance of the Refunding Bonds at the regularly scheduled City Council meeting to be held on October 7, 1997. 2, The City's staff is hereby authorized and directed to publish notice of the public hearing in substantially the form of Exhibit A hereto, which notice shall be published in a newspaper of general circulation within the City no later than 15 days prior to the date of the public hearing. At such hearing all those desiring to speak on the question of the issuance of the Refunding Bonds shall begiven the opportunity to speak, and written comments may be submitted in advance. 1576140 tc) R=96% 09-05-97 12:26PM P002 #15 FROM LEONARD, STREET k DEINARD (FRI) 9. 5'97 12:20T. 12:23/N0. 4260433841 P 3 PUBLIC NOTICE Notice of Public Hearing on the Proposed issuance by the City of Eagan, Minnesota of Bonds to Refund the City's Multifamily Housing Revenue Refunding Bonds (Cinnamon Ridge Project) Series 1992 and the City's Multifamily Housing Revenue Second Mortgage Note of 1992 (Cinnamon Ridge Project) NOTICE 13 HEREBY GIVEN that the City Council of the City of Eagan, Minnesota (the "City") will meet on October 7, 1997 at 7:00 p.m. in the City Council Chamber in the City Hall, 3830 Pilot Knob Road, Eagan, Minnesota for the purpose of conducting a public hearing on a proposal that the City issue bonds, in one or more series, to refund and prepay in their entirety the City's $8,000 Multifamily Housing Revenue Refunding Bonds (Cinnamon Ridge Project), Series 1992 (the "1992 Bonds") and the City's $3,245,000 Multifamily Housing Revenue Second Mortgage Note of 1992 (Cinnamon Ridge Project) (the "1992 Note") (together, the "1992 Obligations"). The principal amount of the bonds to be issued (the "Refunding Bonds") will not exceed the outstanding principal amount of the 1992 Obligations. The 1992 Ohligations were issued to refinance hands issued by the City in 1985 to finance the acquisition, construction, construction and installation of multifamily rental housing units in the Cinnamon Ridge Project located at the intersection of Cedar Avenue and Cliff Road in the City. The Refunding Bonds will be special, limited obligations of the City, payable solely from the revenues of the Project. The Refunding Bonds and the interest thereon wlll not constitute or give rise to a charge against the general credit or taxing powers or constitute a pecuniary liability of the City, the State of Minnesota or any other political subdivision thereof. Anyune desiring to be heard during the public meeting on the foregoing subject matter will be afforded an opportunity. All others who are interested may file written comments on or before October 7, 1997 by letter addressed to the City at 3830 Pilot Knob Road, Eagan, Minnesota 55122. CITY OF EAGAN, MINNESOTA By its City Clerk 1576052 R=96% - 1 09-05-97 12:26PM P003 #I5 Agenda Information -Memo September 16. 1,-j97 Eagan City Council Meeting C. ON -SALE LIQUOR LICENSE NUE AND TORGERSON II, LLP ACTION TO BE CONSIDERED: To approve an on -sale liquor license for Nue and Torgerson. LLP, dba Hilton -Eagan, to be located at Lot 1. Blockl. Rahncliff 3rd Addition. FACTS: The Cite is in receipt of an application for an on -sale liquor license for the Hilton -Eagan. The application has been reviewed by staff and is in order for approval by the City Council. The Police Department has reviewed the application and finds no reason to deny it at this time. y Thi, is exacth- the same ownership which holds the liquor license at the Green Mill Restaurant and «-ill be the first case of one entity holding more than one on -sale liquor lice:;<e. The Citi• Code has been amended to permit this situation. ATTACHMENTS: App] ication enclosed without page number. t A;1, Agen& Information Memo September 16. 1997 Eagan City Council Meeting D. 'VINE SUNDAY WINE AND STRONG BEER LICENSE D'AMICO CATERING, INC. ACTION TO BE CONSIDERED: To appi-t e a xvine. Sundae wine and strong beer license for D'Amico Catering, Inc., dba D'Amico & Sons. to be located at 3324 Promenade Avenue. FACTS: ➢ The City is in receipt of an application for wine, Sunday wine and strong beer for D'Amico & Sons. The application has been reviewed by staff and is in order for approvals by the City Council. The Police Department has reviewed the application and finds no reason to deny it at thi; time. ATTAC IVNIENTS: Application enclosed without page number. l3 Agenda Information Memo September 16, 1997 Eagan City Council Meeting E. APPROVE CORRECTION TO THE AUGUST 19,1997 SPECIAL CITE" COUNCIL MINUTES ACTION TO BE CONSIDERED: To approve corrections to the August 19, 1997 Special City Council minutes as noted. FACTS: • Director of Parks and Recreation Vraa did not have an opportunity to review the portion of the August 19, 1997 Special City Council minutes pertaining to the Municipal Center Campus site plan review and the second sheet of ice. The minutes were inadvertently approved prior to his review and comment. His changes are highlighted in the revised set of minutes by the use of underlining and strikeout. ATTACHMENTS: • August 19. 1997 Special City Council minutes enclosed on pages through —t MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 19, 1997 A special meeting of the Eagan City Council was held on Tuesday, August 19, 1997, at 5:00 p.m. in the lunchroom of the Eagan Municipal Center building. Present were Mayor Egan and City Councilmembers Awada, Blomquist, Masin and Wachter. Also present were Director of Finance VanOverbeke, Director of Parks & Recreation Vraa, Park Planner Lilly, Chief of Police Geagan and City Administrator Hedges. VOLUNTEER FIRE RELIEF ASSOCIATION PENSION City Administrator Hedges stated that staff is responding to a request by the City Council at the August 5 meeting to prepare funding scenarios for a defined contribution plan that includes the $3,650 as proposed by the Relief Association, as well as other numbers less than that amount, and also to compare these numbers with various examples of a lump sum benefit under the defined benefit plan. Director of Finance VanOverbeke presented a comparison of benefit plans from the cost side and from the projected benefit side, as requested. There were several examples presented for the defined benefit pension plan, which included a lump sum payment at $4,200, $4,500, $4,700, $5,000, $5,250 and $5,500. These were compared to an amount available per firefighter per year, assuming 100 firefighters under a defined contribution pension plan; those amounts being $2,400, $2,700, $2,900, $3,200, $3,650 and $3,700. Director of Finance VanOverbeke noted that the $3,650 should actually be $3,450, stating that the actuary discovered an error in their report which has changed the annual total cost from $365,000 to $345,000 under the defined benefit pension plan scenario of $5,250 for lump sum payment per year of service. City Councilmember Wachter stated that the firefighters certainly deserve an increase in the pension for the service they provide the City and also the pension is helpful in attracting new members. He further stated that the amount of the pension needs to be fair and not become burdensome for the taxpayers. City Councilmember Blomquist asked how many firefighters are participating in the pension program. City Administrator Hedges stated that the Fire Department has approval for up to 150 firefighters; however, the average number of firefighters has rarely exceeded 100. City Councilmember Awada suggested that the City consider the defined contribution at the amount required to be equivalent to a lump sum defined benefit of $4,700 per year of service. With a 3% adjustment per year used for the assumption, the actual rate of increase would be based on the salary increase of non-union personnel with a 6.2% interest assumption on pool earnings. City Councilmembers discussed the proposal and generally agreed that the amount suggested would be a reasonable pension amount for the firefighters. Mayor Egan stated that the City Administrator will present this information to the Fire Relief Association for their consideration. City Administrator Hedges stated that the Fire Relief Association was told at their last meeting that they would have an opportunity to present information at the August 26 work session. MUNICIPAL CENTER CAMPUS SITE PLAN REVIEW Greg Ingraham, Ingraham & Voss, presented five concept plans for the Municipal Center Campus site. The first four concepts (A through D) include an outdoor municipal swimming pool and additional parking. Mr. Ingraham presented Concept E, which included only an amphitheater and additional parking. Concept D also included a concert plaza. Mr. Ingraham stated that the major finding of the study was the site was not large enough to accommodate both a pool and an amphitheater. He went on to explain the parking requirements and approximate pool size needed to accommodate an Eagan population of 60.000. He went on to say that another important element of each site plan is the need to acquire access from the County Library site for parking and roadway. Mr. Ingraham reviewed possible cost for a swimming pool, indicating that Eagan was an ideal community given its size and location to other communities. The proposals included a concept that would relocate the Old City Hall to the Municipal Center site. City Councilmember Wachter stated that the History Committee reviewed the possibility of the Old City Hall moving to the Municipal Campus. It is their recommendation that it not be relocated, but remain on its original site. City Councilmembers raised questions about each of the concepts as to how the parking would best serve the civic arena and the other recreational services. Mr. Paul Dahlberg, representing A.C.C. Architects, presented options for locating the second sheet of ice, stating that those plans have been integrated with the master planning performed by Mr. Ingraham. Mr. Dahlberg explained that options are limited as to how far e.Aecond sheet of ice can be shifted in the proposed Page 2/Eagan Special City Council Meeting Minutes August 19, 1997 drawings due to the location fGr-storage of the ice resurfacer and access to the ice. Mr. Ingraham stated that his choice of the five concepts is Concept C, which locates the municipal swimming pool adjacent to the internal drive as a focal point to the Municipal Center Campus. He further stated that the parking lot surrounds the pool, providing a good access for people parking their cars to that facility. He also favored this plan as it located the pool away from residents to the east, reasoning that parking would be less of an intrusion than the pool. City Councilmembers concurred that a concept with a municipal swimming pool is favored. h9W9VeFpreferred and that an amphitheater could be located elsewhere. Councilmembers liked Concept B, stating that moving the pool further to the east provides more parking opportunities for the civic arena during winter months. City Councilmembers and Mr. Ingraham concurred that the plans are not definite and more detail would be needed to determine a final concept. Recognizing that it was approximately 6:30 p.m., City Councilmember Wachter proposed that the meeting be suspended until after the regular City Council meeting at which time the Council could further discuss the second sheet of ice and the concept plans for the Municipal Center Campus Master Plan. SECOND SHEET OF ICE Mayor Egan resumed the Special City Council meeting at 9:10 p.m. to further discuss the alternative plans for the Municipal Center Campus site and meet with Paul Dahlberg regarding the second sheet of ice. Mr. Dahlberg reviewed various plans that include a changing/restroom for the wading pool. City Councilmembers stated that in +nest -of the site concepts, the wading pool will be moved, reducing the need for a separate exterior changing/restroom facility. In response to a question on parking, Mr. Dahlberg noted that access from Rocky Lane for service would still be required, and that limited parking for staff at peak times might still be an option to be considered by the Council. Temporary parking could be developed north and east of the wading pool by grading the site and putting down Class 5 until the City is ready to do any additional development. Mr. Dahlberg also asked for direction from the City Council relative to the intention of the City Council to bid for a general contractor, contractor/construction manager or straight construction manager. After discussing the pros and cons, it was determined that it would be to the benefit of the City and the project to utilize a contractor/construction manager. City Councilmembers stated that they would prefer the contractor/construction manager as providing greater opportunities for a cost effective project. Mr. Dahlberg and staff will put together a list of four firms that meet the criteria of also having been involved with ice arenas. Mayor Egan said that the Council needed to provide direction to staff. specifically contacting the County for parking and roadway. Council agreed that staff shall proceed with this as well. Mayor Egan thanked Mr. Dahlberg for his presentation and was pleased as to how the project is progressing for the second sheet of ice. City Councilmember Wachter stated that he would like the Municipal Center Master Plan to be further refined by Mr. Ingraham and also include an outdoor swimming pool and parking expansion as a part of the 1997 Part I CIP with a funding consideration for the use of Community Investment Funds After discussing this matter further with the City Council, Mayor Egan proposed the City Administrator include as a project and funding consideration, the municipal swimming pool and expanded parking as a part of the five-year CIP to be considered for 1998. Date ADJOURMENT There being no further business, the meeting adjourned at approximately 10:00 p.m. (62 City Clerk TLH Agenda Information Memo September 16, 1997 Eagan City Council Meeting F. REQUEST FOR FOOTINGS AND FOUNDATION PERMIT — SKYLINE DISPLAYS. INC. ACTION TO BE CONSIDERED: + To approve a footing and foundation permit for Skyline Displays, Inc. to begin site work on property preliminarily platted as Eagandale Corporate Center 2°a Addition located at the northeast intersection of Yankee Doodle Road and Lexington Avenue. FACTS: + Skyline Displays, Inc. currently operates its research, design, and manufacturing of tradeshow exhibit equipment in the City of Burnsville. They are proposing to construct a 273,000 square foot world headquarters in Eagan allowing them to consolidate their workforce consisting of 500 employees into one common facility and provide them better quality control and efficiency in this highly -competitive global marketplace. + Skyline Displays has submitted a grading permit application and a Final Subdivision application. • In keeping with past practice, the City will require Skyline Displays, Inc. to submit all fees associated with a building permit. ATTACHMENTS: (1) Q Letter of Request submitted by Skyline Displays, Inc., page ty 1� Skyline) September 2, 1997 SKYLINE DISPLAYS, INC Mayor Thomas A. Egan OPERATIONS Eagan City Councilmembers 1301 Cliff. Road East City of Eagan Bumswlle, MN 55337 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Skyline Displays, Inc. World Headquarters Building Request to Apply for Footings and Foundation Permit Dear Mayor Egan and Councilmembers: All of us at Skyline Displays, Inc. are very excited about the pending construction of our new world headquarters building within the Eagandale Corporate Center No. 2 in the City of Eagan, Minnesota. This letter is written to request permission of the City Council for Skyline to apply for (1) an "early start" Grading Permit and (2) a Footings and Foundation permit, in advance of the approvals for the Final Plat encompassing Skyline's headquarter's property. The concept Site Plan for Skyline's headquarters building is attached for your review. Skyline is proceeding under a very tight construction schedule. Our engineers have advised us that we need to ge approval to begin work on the footings and foundation of our building as soon as we close on the land with the seller, in order to work on the building through the winter months. The required engineering plans for grading zr footings and foundation will be submitted to the City by Friday, September 5th. We do not currently anticipate a: problems with satisfying all City standards in the Subdivision Ordinance. Skyline is a world leader in the manufacture of trade show displays. Twice honored as an Inc. 500 company for rapid growth, Skyline and its distributors now employ over 1,100 people around the world. In addition, our ISO 9001 certification (the only trade show display manufacturer with this certification) reflects our attention to manufacturing a quality product. The new 273,000 square -foot world headquarters will allow Skyline to consolidate the work of our 500 employees into a common facility, providing better quality control and efficiencies in a highly competitive global marketplace. We appreciate the assistance of City staff in connection with this exciting project. Representatives of Skyline wil be at the City Council meeting on September 16, 1997, to answer any questions you might have regarding our company and our new corporate headquarters. Sincerely, B aulieu Yvette Beaulie en Haglind Skyline Displays, Inc. Tel: (612) 890392 cc: Peter J. Coyle, Esq. Fax: (612)895-6318 Rob Howard, Pope Associates http://wwww.skycorp.com, Brian Mundstock, Sunde Engineering Bob Carter, Kraus Anderson Agenda Information Item September 16, City Council Meeting G. FINAL PLANNED DEVELOPMENT - LOT 1, BLOCK 1, RAHNCLIFF 3" ADDITION - NUE & TORGERSON II. ACTION TO BE CONSIDERED: • To approve or deny a Final Planned Development to allow a four story, 100 -unit hotel with liquor on Lot 1, Block 1, Rahncliff 3rd Addition located east of Rahn Road, on Rahn Cliff Court south of Cliff Road in the NW1/4 of Section 32. FACTS: • Rahncliff Yd Addition was platted in 1989. The Rahncliff Commercial Planned Development designated this lot for 18,000 s.f. of retail. • The City Council approved the Preliminary Planned Development Amendment on August 5, 1997 to allow this 100 -unit hotel. The preliminary PD allows a four-story, 100 -unit, Hilton Garden Inn with liquor service available in the restaurant to be located on Lot 1, Block 1, Rahncliff 3rd Addition. • The Final Planned Development agreement has been prepared and executed. ATTACHMENTS: (1) Final Site Plan - page_2 0 •rOer• ZZ� L An fit I �4 lip it till Fri. 1 A i I FV: fil I' ah, pr y In � � *''� ��►rte «.���' I c � i a`�ys IOD W. -am m x U3 Agenda Information Memo September 16, 1997 Eagan City Council Meeting H. CONFIRMATION OF FINDINGS OF FACT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve the Findings of Fact relating to the denial of a Conditional Use Permit requested by AT&T Wireless Services for a communication monopole on the Parkview Golf Course site. FACTS: At its regular meeting on September 2, 1997, the Eagan City Council denied a Conditional Use Permit application for a communication monopole requested by AT&T Wireless Services. ATTACHMENTS (1): + Findings of Fact as prepared by the City Attorney, pages throuu,lo BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of AT&T Wireless Services ("AT&T") FINDINGS OF FACT, CONCLUSION'S AND RESOLUTION On August 26, 1997, a public hearing was conducted upon appropriate notice before the Advisory Planning Commission of the City of Eagan for a proposed Conditional Use Permit to allow a monopole communication tower at 1310 Cliff Road. Eagan, Minnesota (the "Property") At its August 26, 1997, meeting, the Advisory Planning Commission recommended approval of the Conditional Use Permit subject to conditions. The Advisory Planning Commission also recommended that the City Council reconsider the City's antenna ordinance with respect to placement of antennas in Public Facilities Zoning Districts and that the Council direct the Advisory Planning Commission to study the issue. The matter came on before the Eagan City Council on September 2, 1997 at its regularly scheduled City Council meeting. The applicant was represented by Attorney Peter Beck who spoke in favor of the application. Based upon all the information presented at the hearing and Council meeting; the records, staff report and all prior proceedings, the City Council of the City of Eagan does hereby make the following Findings of Fact, Conclusions and Resolution: a -Is FINDINGS OF FACT 1. This matter is properly before the Eagan City Council. 2. The Property is zoned as Public Facilities. 3. The City Council on July 1, 1997, directed City staff to review public facility properties to determine suitability for communication sites. 4. The Advisory Planning Commission as part of its consideration of this matter recommended that the City Council reconsider the City's antenna ordinance with respect to placement of antennas in Public Facilities Zoning Districts and that the Council direct the Advisory Planning Commission to study the issue. 5. At its September 2, 1997, City Council meeting, the City Council enacted an interim use study ordinance (attached as Exhibit "A"). The enactment of this ordinance prohibits the City Council from issuing this Conditional Use Permit. 6. An application for a Conditional Use Permit must comply with the provisions of Eagan City Code Section 11.40, Subd. 4(C)(1-7). 7. The City Council believes that the use as proposed will not be compatible in appearance with the existing or intended character of the general vicinity. Further, the City Council believes that the monopole will change the essential character of the area and will impair property values within the adjacent residential neighborhoods. CONCLUSIONS 1. This matter is properly before the Eagan City Council. 2. Enactment of the interim use study ordinance prohibits the City Council from issuing this Conditional Use Permit. a3 3. The application does not comply with Eagan City Code Section 11.40. Subd. 4(C)(3). RESOLUTION The City Council of the City of Eagan does hereby deny the issuance of a Conditional Use Permit to allow a monopole communication tower on the Property. Dated at Eagan, :Minnesota, this 16th day of September, 1997. CITY OF EAGAN By: Thomas A. Egan Its: Mayor By: E.J. VanOverbeke Its: City Clerk a� Agenda Information Memo September 16, 1997 Eagan City Council Meeting i � : 9i1��� ��f1;� 1;•��A �7�:�•7IM:T�iI� r c : • c SENIOR HOUSING AND FINAL PLANNED DEVELOPMENT FOR LOT 11 BLOCK 1 To approve the Final Subdivision the Eagan Senior Housing Addition consisting of one lot and one outlot on property located on the south side of Town Centre Drive, east of Denmark Ave. and north of O'Leary Lake in the NE 1/4 of Section 15. To approve a Final Planned Development for a 65 unit senior housing building on Lot 1, Block 1, Eagan Senior Housing Addition located on the south side of Town Centre Drive, east of Denmark Ave. and north of O'Leary Lake in the NE 1/4 of Section 15. FACTS: • The City Council gave preliminary approval for this subdivision and planned development on July 1, 1997. The Development Contract and Final Plan Development Agreement are signed and in order for execution. ISSUES: In previous projects involving another public agency, the City has not required any type of financial guarantee (Oak Woods, Oak Ridge, ISD #196, etc.). While there has not been any significant problems with performance of the required public improvements on these projects, it was decided that it would be appropriate to name the city on the contractor's performance bond. This will serve as a form of security to insure performance on public improvements associated with the project without adding to the project cost. This requirement is part of the development contract to be executed. ATTACHMENTS: • Plat, page _, • Site Plan, page. wei , n N a ' M � y z � tD i{ IF a E Vi L r . Iro I lo° TOWN00 NTRE� THIRD ADDITION 0— — F FTH DJT10 i�l I I rail It EXHIBIT B w .. Tn�,F�. ... _3—_ ��_• r..' -.�•_. _4� � .� _ __. .'_-__- 4 tel. —_.�__ , j \\ O ~�-- MM— Ul tD i{ IF a E Vi L r . Iro I lo° TOWN00 NTRE� THIRD ADDITION 0— — F FTH DJT10 i�l I I rail It EXHIBIT B Agenda Information Memo September 16, 1997 Eagan City Council Meeting J. FINAL SUBDIVISION - KINGSWOOD PONDS SECOND ADDITION ACTION TO BE CONSIDERED: To approve a Final Subdivision for the Kingswood Ponds Second Addition located west of the Pilot Knob Road and Wescott Road intersection. FACTS: Final plans, development contract, and financial guarantees are in order. ATTACHMENTS (1): • Final Plat Map, page . p q r� Rim - . \ o- .., ..... -.., ...... `...... x.66 • r _ °� - _- G47i7 A.00. -- } }•• DNc. _ Z .se-:>rIM.7i....6G� - l •' _ _ _ _ - - y •1 Cf'CDC � ec .. ".6i �L� Z N 1 V1 ♦ F3 � �o < �e„SS 12 .�' la � 4d>CE � F ygtl � pZxl' _�' q 1 Z... 1-• ._ i^ �� ')t^-__--___ j,'..i ���a' !! u$ .1962 �' M.oZ.rf.6G5 41 ped= y l 00bl W W k � G i` K fN � •_ \ (- e _- _�.'_ j - - L - - --i RL L[ C• iW al 3g Z D..Os..ZS•C-•. '.ti f91 3Lc.9C.6P5l 6.'f:C rt�•`,i.ir, acaa�ll r� f... o a <i i• a '0.10 $ 3.SL.,f•6DN K K IDCL�� tiftx4 '� 1 1 �I. .9CS49[�7•: v�..� 1� 1S y 0111, eo ob ��?. •g°"^ D _—_ __ ,- ,?6' ¢ � I i •+ p�6LN .D-- L I 64 \ _ sosax:� a t Ia cc)RIC o' foc AM n j£ \ h e -t v,nt ♦ 1. d/ � l,Y6Ic.YQN y. _ Iq I , i 'v8-• 1 �. ' .a. c ?3Zq<�FO � � _--•-Z161C---�� � F I S m t��t'i'• " •ocx Wei � iy d�// ) ^fir �nt � ,ti-- t.:---- 7 IZ n oSr. !;, - Fls \ ` 0:_0 WNL ��ho •��.Ov�' C4rl.:otSws-". . '�i• �, 7 y e ID�c6?��yy,,�� �•_a �-s y ---'J �6,r c � •:..:.o..� tc�c•t' I c„aW + ry• ��'. - >�•7 �n � l �1� � .r9C.LL6D�o iZ'Lf LD'CP toT cc •:\O•_..-. 1`t01 g' 1- 0lov .r�,,�.r� rr � zl I I I- � ud _� hid f��-1 I I ��• •xanr:i«a__- ,t=! -n: r,� 4.aa.�, r M ----1 �I ..f zo n :LF ') ••. w � �v N I ` � ,LL,l F7D' 1 ' •. h•t;rfib 1 i I eg WI o 8� �ov.�� y _°. •"_ ,n $P I 1� ro I I 1 kM ,.. j C C O �Z � I I •� j 0 '^� I a� �cI 1 J oocz to vl ; 'ter C e 8 rF - `m_io3 }•' -- mr 1St 504. mowS}.a Agenda Information Memo September 16,1997 K. CONTRACT 97-07, EAGAN BUSINESS COMMONS — FRONTAGE ROAD AND UTILITY EXTENSON ACTION TO BE CONSIDERED: Approve Change Order #1 to Contract 97-07 (Eagan Business Commons — Frontage Road and Utility Extension) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 97-07 provided for the construction of sanitary sewer, water main, services, and storm sewer to serve the proposed Eagan Business Commons, located at the northeast corner of T.H. 55 and Lone Oak Road. The project also included the construction of Commers Drive within Eagan Business Commons. • The developer did not complete the excavation and grading of Commers Drive as specified in the development agreement. To avoid delays with the project, and with the developer's approval, the City's contractor completed this work. Excavation & Grading = $1,7337.00 • A portion of the storm sewer constructed as part of the project conflicted with the existing water main. The exact elevation of the water main was not known at the time of the plan design. The storm sewer elevation could not be revised due to associated pond elevations. The existing water main in conflict was offset around the storm sewer. Water Main Offset = S5.106.28 • The developer did not complete the grading of a portion of the site prior to the contractor's completion of all of the contract work on the remainder of the site. Without available work on site, the contractor removed the equipment to a new job site. The contractor will return to the site ,%with the equipment when the developer has completed the grading. Mobilization = $550.00 • This Change Order provides for an additional cost of $7,393.28, which will be added to the project costs and be distributed through the assessments to the developer, in accordance with the development agreement. 3c) Agenda Information Memo September 16, 1997 Eagan City Council Meeting L. APPLICATION FOR USE OF A GOLF CART ON CITY STREETS (MOBILITY IMPAIRMENT) ACTION TO BE CONSIDERED: To approve a permit to operate a motorized golf cart on designated streets for Michael Krolick. FACTS: ➢ City statutes allow mobility impaired persons to operate golf carts on City streets upon approval of an application for a permit for this activity. ➢ Mr. Michael Krolick has made application for such a permit. ➢ The Police have given their approval for this permit. 2>1 Agenda Information Memo September 16, 1997 M. CONTRACT 97-15, MULCAHY ADDITION 1 MURPHY PARKWAY SANITARY SENVER AND WATER MAIN RECEIVE BIDS 1 AWARD CONTRACT ACTION TO BE CONSIDERED: To receive the bids for Contract 97-15 (Mulcahy Addition,' Murphy Parkway — Utilities), award the contract to the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City Council previously approved the plans and specifications and authorized the advertisement of bids for Contract 97-15 to construct sanitary sewer adjacent to Silver Bell Road to serve the Mulcahy property and water main improvements in Murphy Parkway to connect to the proposed Murphy Farm Addition. • The work is scheduled to begin by the end of September and be completed this Fall, providing needed utilities to these undeveloped parcels. • 100% of the project costs for the Mulcahy portion of the improvements will be assessed to the property owner, while 50% of the Murphy Parkway project costs will be assessed to adjacent property owners and 50% will come from the Water Trunk Fund. • Bids were received at 10:30 a.m. on Friday, September 12, 1997. • Al bids will be reviewed for compliance with the bid specifications and accuracy on unit price extensions and addition. Any deviations resulting from this evaluation or concerns with contractor competency will be addressed at the Council meeting on September 16. ATTACHMENTS: • Bid tabulation. page33 3� of aagan Mulcahy Addition Sanitary Sewer Improvements City Project No. 721 Murphy Parkway Water Main Improvements City Project No. 722 City Contract No. 97-15 Bid Date: September 12, 1997 Bid Time: 10:30 A.M. Contractor Proi. 721 Proi.722 Total Base Bid Brown & Cris, Inc. $52,372.70 $30,714.30 $83,087.00 Northdale Const. Co. $65,669.60 $34,198.55 $99,868.15 Volk Sewer & Water $68,791.00 $38,610.00 $107,401.00 Wolter Construction $78,860.00 $37,140.00 $116,000.00 Proi ect 721 Project 722 Preliminary Report Estimate $59,130 % Over(+) Under(-) Prelim Report -11.4 Engineer's Estimate $62,200 % Over(+) Under(-) Engineer Report -15.8 Total $38,460 $97,590 -20.1 -14.9 $35,400 $97,600 -13.2 -14.9 Agenda Information Memo September 16, 1997 N. CONTRACT 97-10, T.H. 149 AND LONE OAK PARKWAY TRAFFIC SIGNALIZATION PROVE PLANS & SPECIFICATIONS ORDER ADVERTISEMENT BIDS ACTION TO BE CONSIDERED: To approve the plans for Contract 97-10 (T.H. 149 and Lone Oak Parkway — Signalization) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Friday, October 17, 1997. FACTS: • The project provides for the installation of traffic signals at the intersection of T.H. 149 and Lone Oak Parkway. The signals would be interconnected and coordinated with other signals on T.H. 149. • 1996 traffic volume counts for peak hour volume warrant traffic signals at the intersection. • Currently, a 324,000 square foot Information and Accounting Services office building is being constructed by the United States Postal Service (USPS) on Lone Oak Parkway near the intersection. • The development agreement between the City of Eagan and the USPS states that USPS will fund 100% of the cost of the traffic signals and the interconnection with the other signals on T.H. 149 (estimated at approximately 5180,000). 34 Agenda Information Memo September 16, 1997 O. PROJECT 668, LONE OAK ROAD (LEXINGTON AVENUE TO T.H.55) UTILITY AND STREET IMPROVEMENTS RECEIVE FEASIBILITY REPORT I ORDER PUBLIC HEARING I APPROVE COST PARTICIPATION AGREEMENT WITH DAKOTA COUNTY ACTION TO BE CONSIDERED: To receive the feasibility report for Project 668 (Lone Oak Road — Utility and Street Improvements), schedule a public hearing to be held on October 21, 1997, and approve the cost participation agreement with Dakota County. FACTS: The project provides for the reconstruction of the street and the construction of utility improvements on Lone Oak Road, from Lexington Avenue to TH 55. The improvements are proposed due to the existing traffic volumes and the condition of Lone Oak Road. This project was considered in the Fall of 1992 and was denied. In 1993, the portion of Lone Oak Road at Lexington Avenue was considered, approved, and constructed in 1994. On December 4, 1996, the City Council authorized the preparation of a feasibility report for Project 668 (Lone Oak Road — Lexington to TH 55). On January 21, 1997, the City Council approved a preliminary engineering agreement with Dakota County for the upgrade of this section of Lone Oak Road. The feasibility report has now been completed and is being presented to the City Council for their consideration. A cost participation agreement with Dakota County has also been prepared in accordance with standard agreements between the City and County, reviewed by representatives of the Public Works Department and found to be in order for favorable Council action. ATTACHMENTS: Feasibility report for Project 668, Lone Oak Road (Lexington Avenue — TH 55) will be distributed with the Additional Information packet on Monday. 3 s Agenda Information 11lemo September 16,1997 P. CONTRACT 94-F, POND VIEW TO)N NHOMES ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 94-F (Pond View Townhomes - Utilities) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • The project consisted of the construction of sanitary sewer, water main, and storm sewer to serge the Pond View 'Townhomes Addition. The improvements were constructed privately by the developer under the terms and conditions of the development agreement. • These improvements have been completed, inspected by representatives of the Public `'Forks Department, and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provision. Q.- CON.T kCT 97-02, REPAIRS/11NIPROVEINIENTS FOR THE COACHvIAN ROAD WATER TREATMENT FACILITY ACTION TO BE CONSIDERED: Approve the third and final payment for Contract 97-02 (Coachman Road Water Treatment Facility- — Repairs and Improvements) in the amount of $15,710.00 to Shank Mechanical, Inc., and accept the improvement for perpetual City maintenance subject to warranty provisions. FACTS: • The project consisted of concrete work, painting, water piping, and electrical improvements to the Coachman Road Water Treatment Facility. These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action for final payment and acceptance of perpetual maintenance subject to warranty provision. 3(o Agenda Information Memo September 16,1997 Eagan City Council Meeting A. VARIANCE - TIM THOMPSON ACTION TO BE CONSIDERED: To approve a 11.5 foot Variance request to construct a third car garage addition to the existing two -stall attached garage on Lot 13, Block 5, Lexington Square at 1073 Ticonderoga Trail. FACTS: �► The proposed garage addition will be 12' wide and 24' deep. The garage will be constructed on the east side of the existing two -stall garage, extending the structure toward Gilbraltar Trail into the required 30' setback area. The garage addition will be located within the existing 6' fence enclosure. The exterior siding of the proposed garage will match the existing house and garage. The roof pitch will match the second story of the house. The proposed garage addition, along with the existing structure, will not exceed the maximum allowed lot coverage of 20 percent. ISSUES: Nene BACKGROUND/A Staff report, pages , PLANNING REPORT CITY OF EAGAN REPORT DATE: September 2, 1997 APPLICANT: Tim Thompson PROPERTY OWNER: Tim Thompson REQUEST: Variance LOCATION: 1073 Ticonderoga Trail CASE: 23-V-12-8-97 HEARING DATE: September 16, 1997 PREPARED BY: Tamara Pregl COMPREHENSIVE PLAN: D -II, Mixed Residential (0-6 units/acre) ZONING: PD (Planned Development) SUMMARY OF REQUEST The applicant is requesting approval of an 11.5 -foot Variance to the required 30 -foot building setback from the public right-of-way to construct a third car garage addition to the existing two - stall attached garage on Lot 13, Block 5, Lexington Square located at 1073 Ticonderoga Trail in the NW '/4 of Section 23. Because this is a corner lot, the garage addition would encroach into the required 30 -foot setback from the Gibraltar Trail right of way. 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. Planning Report — Tim Thompson September 16, 1997 Page 2 CODE REQUIREMENTS City Code Section 11.20, Subdivision 6, requires a minimum 30 -foot building setback from the public right-of-way for a dwelling unit or accessory structure in a single-family residential district. BACKGROUNDIHISTORY This lot is part of Lexington Square subdivision approved in 1984 and part of the Lexington South Planned Development approved in 1976. Most of the homes in this subdivision were constructed with two -stall garages. A 20 -foot building setback from the public right-of-way was approved as part of the Planned Development only where the topography or existing trees require a lesser setback. In addition, the Planned Development stated that "no variances for setback or lot coverage shall be allowed except for topographic or vegetation reasons." EXISTING CONDITIONS The subject lot is located at the corner of Gibraltar Trail and Ticonderoga Trail. The lot is approximately 11,800 square feet in area. The property contains a single-family dwelling with an attached two -stall garage. The house is oriented toward and takes access from Ticonderoga Trail. There is a 6' fence that runs east from the existing front corner of the garage to Gilbraltar Trail, north along the property line to the corner of the lot, west across the back of the rear property line, and ends at the northwest back rear corner of the house. There is a 10 X 12 metal tool shed located in the southeast corner of the property within the fenced area. EVALUATION OF REQUEST The applicant is proposing to construct a 12 -foot wide by 24 -foot deep garage addition on the east side of the existing garage, extending the structure toward Gilbraltar Trail into the required 30 -foot setback area. The garage addition is proposed to be set back from the Gibraltar Trail right of way 18.5 feet at it closest point, resulting in a variance request of 11.5 feet. The garage addition will be within the 6' fence enclosure. The exterior siding of the proposed garage will match the existing house and garage. The roof pitch will match the second story. There will be no change in the existing driveway access width at the street. The driveway will be widened where it meets that garage. The metal tool shed will be removed prior to construction of the proposed garage. The proposed garage addition, along with the existing structure, will not exceed the maximum allowed lot coverage of 20 percent. Planning Report — Tim Thompson September 16, 1997 Page 3 APPLICANT'S ESTIMATE OF HARDSHIP Mr. Thompson has submitted the attached letter explaining their proposal and reasons for the variance. The stated reason is that the current two car garage is not wide enough to allow access in and out of the vehicles without significant inconvenience. Mr. Thompson also has submitted a petition signed by adjacent neighbors indicating that they have no objection to the proposed garage addition. SUMMARY/CONCLUSION The applicant is proposing to construct a garage addition on Lot 13, Block 5, Lexington Square that would encroach 11.5 feet into the required 30 -foot setback from the public right-of-way. The resulting garage setback would be 18.5 feet from the Gibraltar Trial right-of-way. ACTION TO BE CONSIDERED To approve or deny an 11.5 -foot Variance to the required 30 -foot setback from the public right of way for a garage addition on Lot 13, Block 5, Lexington Square. Approval is subject to the following conditions: 1. The exterior materials of the garage addition shall be architecturally compatible with the existing structure. 4�) City ul F xa. Location Ma Timothy and Lori Thompson Variance Case No. 23-V-12-08-97 City of Eagan Community Development Department %A+E 5 800 0 8D0 1600 Fed oMon now � IBJ • - - , r Timothy and Lori Thompson Variance Case No. 23-V-12-08-97 City of Eagan Community Development Department %A+E 5 800 0 8D0 1600 Fed MJ G % 9 7 1o14 L-o'r 13 1 OL -0 L V— g t I -Ek IM40MN *QUACE , D A-V-v't N CouMary) —_..-,Moi:.T K '++� I -ALA I" • acs• AJA, I&EA W%A* A**NMI D e CF44 VM i Rpt OACM U AAEl4T I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Date: /-o eRoy IK Bohlen Registered Land Surveyor No. 10795 49.0 ? � p R-• r''o�erD �►; �' N • � ►- $94 Z � zx ►b c } .�N .% 1 2144 -lip � Z 0 C a.�y_ . i}• 7 %314• WO. • NFT+P Cv68 3o. b�1� t ! 4 tL' s 2,4% R_ %,% SITE SU,AVEY l�a;t- f t �4 da i -FAA f t nJ �i o -� rl � 7 w � v J .r• 2� J v o of 05 `1 �-Z �e G O nJ �i o -� rl � 7 w � v J .r• MEMO To: Eagan City Council From: Timothy K. and Lori L. Thompson 1073 Ticonderoga Trail Eagan, MN 55123 Subject: Proposed Garage Addition at 1073 Ticonderoga Trail Date: August 20, 1997 Proposed Addition: Since moving to this home in 1991, we have encountered several hardships with the existing garage layout as discussed below. Accordingly, we are requesting a variance to the 30' setback rule for purposes of adding a third garage structure to our existing residence and thereby minimizing the problems discussed below. We would like to begin construction in October 1997 with completion of project approximately 3 to 4 weeks after start date. Specifically, we are requesting the addition of a garage structure that would extend 12' in width to the east of current garage and run 24' in length to the north (i.e. same length as our existing garage structure). The sideyard next to the existing garage currently measures 30.5' from the property line and would measure 18.5' after the proposed garage addition. The resulting encroachment from the setback line with the proposed garage addition would be 12' (Note: our existing garage sits within one-half of a foot from the setback line). Reasons for Proposed Addition: In general, the current two car garage is not wide enough to allow us to get in and out of our cars without significant inconvenience. When the house was built by prior owners, the front entry closet and bathroom were built into the garage area which eliminated over 2' of garage space, leaving only 18' for parking our vehicles. Additionally, the existing garage location on the lot is one-half of a foot from the required setback lines in both directions (i.e. front and side) and, accordingly, we have no flexibility for adding to the existing structure. The most significant hardship that we've encountered is that the access door from the house to the garage is at the front left quarter panel of car parked at left side of the garage. Very little room exists to step out of house and into garage before the car gets in the way (approximately 18 inches). It is extremely difficult to empty groceries or unload other items (briefcases, kids backpacks and bags, hockey bags, etc.) from car and enter through this door without scratching the cars. Additionally, it is extremely dangerous stepping out of home into garage due to the narrow step as one steps down into the garage. The step is 6 to 8 inches wide but can not be made much wider due to where the car must be parked. This is a concern should we have a third child as it would be very dangerous trying to carry an infant into the house from the garage area without causing potential injury to one or more persons. Eagan City Council Page 2 August 20, 1997 A second hardship is that there currently is 16-18 inches of space on outside of cars as well as between our cars. Carrying baggage is very cumbersome as we must carry such baggage in front of ourselves and then enter car in same way. The front doors on both driver and passenger sides of both cars can not be opened without hitting other car or outer garage walls. The drivers side door of the car parked in left side of garage is extremely difficult to get into or out of. Coats and other clothing have regularly gotten grease on them from door catches. Additionally, we have had blinker knobs and other items on dash board broken while straddling into the cars. Lastly, our children will be driving within the next six years which will create a parking problem. Based on our existing garage and driveway, one or two cars would end up being parked in the street. Accordingly, we feel that the additional garage and driveway space gained through this proposed garage addition will allow us to safely park these additional cars in our driveway and garage and not in the street. Other Compensating Factors and Closing Comments: In our opinion, the proposed garage addition will not have a negative impact on our neighborhood development. In fact, we believe the addition will enhance the neighborhood both in physical appearance as well as values of surrounding homes. Since moving to our home in 1991, we have done many internal and external improvements that have enhanced both our home's appearance as well as the overall neighborhood. Our intentions have never been to do anything that would affect our neighbors and the overall appearance in our development. There already exists a 6' fence that runs east approximately 30' from front corner of garage to Gibraltar Trail, runs north along Gibraltar to the northeast comer of lot, runs west across back of house, and then ends at northwest back rear corner of home (refer to site layout and pictures provided herein). All sides of the proposed garage addition, except for the front side, will be enclosed by the 6' fence. Finally, we have contacted our immediately surrounding neighbors (16 neighbors were contacted) to see if they had any objections to our proposed garage addition and no objections were noted. Refer to the attached neighbor consent form showing signatures and addresses of those neighbors contacted. C:ISTKTLLT[ EAGANVAR.WPD v NEIGHBORS CONSENT %.kw olca 10-7 3 T co✓�c1� ro9 0�. ML 114 c- x I p rrm A.wg,,---ss CL -3 9 -Z-7 k -Ai 13 33 --,,,J7k- �&,e66,4 Tj,cond&-!a�, Tr -1 PA TE NEIGHBORS CONSENT 10-7 3 ccoAe- co N�►-D Car>ti-a MLN i e. x> rr. Pea. V 4 Nei��..,bo� Ce�nsev.+ Apvg-e-ss X >C i i � � �S•S� r h ,3q V K1.1, e Hz, Y3 a" Q.ky l /o 26 7j'� co 4 t 4&:Z - /(, 3o.s� I)ATE -11- 27 7 Agenda Information Memo September 16,1997 Eagan City Council Meeting B. VARIANCE - CHRISTOPHER GABRYSH ACTION TO BE CONSIDERED: To approve a 15' building setback Variance to the required 50' setback from Pilot Knob Road right- of-way for Lot 6, Block 1, Oster Addition (1405 Oster Drive). To approve a Building Move Permit to relocated a 36' X 24' one-story house and a 24' X 24' detached garage from Richfield, Minnesota to 1405 Oster Drive. FACTS: The Oster Addition was subdivided and platted in 1982. The subject lot is a minor image of Lot 7, south of the subject lot, which has an existing home that encroaches 14' into the 50' setback from Pilot Knob Road and the previous variance action from 1995. + The house and garage will be moved from Richfield, Minnesota. The house was built in 1962. The Protective Inspections Division has conducted a site inspection of the house and garage, both are structurally sound. However, the house will need to be brought into compliance with the Uniform Building Code. + The house to be moved onto the site is a one-story rambler style dwelling with permanent siding, aluminum trim and vinyl therm windows. The garage is not attached. The houses along Oster Drive are a combination of rambler and split entry style house, all having attached garages. The property has been tax forfeit since 1988 and the City of Eagan requires that all property taxes and assessments be paid prior to the issuance of a building move permit. The delinquent taxes and assessments that need to be paid to the City total $2,535.85. ISSUES: Several residents of Oster Drive have submitted a petition opposing the request for a home to be moved onto the proposed site. The petitioners believe that the home is not consistent with the established building development in the neighborhood. BACKGROUND/ATTACHEMENT Staff report, pages _fO_ through Route map, pag€p ti-rdh PLANNING REPORT CITY OF EAGAN REPORT DATE: September 9, 1997 APPLICANT: Christopher Gabrysh PROPERTY OWNER: John T. Black REQUEST: Variance and Building Move Permit LOCATION: 1405 Oster Drive CASE: 4-V-11-8-97 HEARING DATE: September 16, 1997 PREPARED BY: Tamara Pregl COMPREHENSIVE PLAN: D -I, Single Family (0-3 units/acre) ZONING: R-1, Residential Single Family SUMMARY OF REQUEST Mr. Gabrysh is requesting approval of a 15' building setback Variance to the required 50' setback from Dakota County right-of-way for Lot 6, Block 1, Oster Addition located on the west side of Pilot Knob Road, north of Skyline Drive in the SE %4 of Section 4. In addition, Mr. Gabrysh is requesting a Building Move Permit to relocate a 36'X 24' one story house and a 24'X 24' detached garage from Richfield, Minnesota. AUTHORITY FOR REVIEW Variance City Code Chapter 11, Section 11.40, Subdivision 3C states that the Council may grant a variance and impose conditions and safeguards therein if. 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. So Planning Report — Christopher Gabrysh September 16, 1997 Page 2 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. Moving Permits 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 reasons: A. The applicant has not complied with any requirement of this section. B. Persons or property in the City would be endangered by moving the building. 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. 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. CODE REQUIREMENTS City Code Section 11.20, Subdivision 6 requires a minimum 30 to 50 foot building setback along a public right-of-way, depending on the street classification; a 10 foot setback from the side property line for a dwelling unit; and a 5 foot setback from side property line for a garage in a single family residential zoning district. S ( Planning Report — Christopher Gabrysh September 16, 1997 Page 3 BACKGROUNWHISTORY Oster Addition was subdivided and platted in 1982. According to Dakota County, the property became tax forfeit in 1988. The City of Eagan requires that all delinquent property taxes and assessments be paid prior to the issuance of a building move permit. A tax forfeit assessment of $2,535.85 needs to be paid to the City prior to the building move permit being issued. A 15' setback variance for this lot was approved in 1995 but was not utilized and expired in 1996. EXISTING CONDITIONS The subject site is located in a cul-de-sac development that contains nine lots. Eight lots are improved with houses. The adjacent lot (Lot 7, Block 1, Oster Addition) south of the subject lot has an existing home that encroaches 14' into the 50' setback from Pilot Knob Road, however, there are no records indicating a variance had ever been requested or approved. The subject lot is a mirror image of Lot 7 and the applicant is requesting a similar encroachment. City Code Section 4. 10, Subd. 13 prohibits relocation of a building more than ten years older then the oldest building situated on lands abutting the land to which the building is to be moved. The proposed house to be moved was built in 1962. The house to the north of the site was built in 1945, the house to the south was built in 1992 and the house to the west was built in 1988. The remaining six houses on Oster Drive were built between 1983 to 1990.- EVALUATION 990. EVALUATION OF REQUEST Variance According to the applicant, a the request variance will make the subject lot not only buildable, but also provide the best overall presentation of the structure and the surround grounds. A review of Citv records indicate that when the lot was platted in 1982, it was subject to the same setback requirements as those present today. The subject lot is a mirror image of Lot 7 and the applicant is requesting a similar encroachment. Building Move The applicant is proposing to relocate an existing house and garage currently situated in Richfield, Minnesota to this site. The house was purchased as part of the M.A.C. Airport Expansion Program. Building The Protective Inspections Division conducted a site inspection of the house and garage. Subsequent to the inspection, the applicant had been informed that the Uniform Building Code requires moved buildings to be upgraded to current standards. The house will need to be *4s1 Planning Report — Christopher Gabrysh September 16, 1997 Page 4 completely rewired, re -plumbed, a new furnace will need to be installed, new egress windows will have to be added to the bedrooms, new smoke detectors must be installed and a new attic access must be placed in the ceiling. Both the house and garage appear to be structurally stable. In addition, City Code Section 4. 10, Subd. 13 states that a moving permit shall be denied "...if the building to be moved is in substantial variance with either the established or the expected pattern of the building development within the neighborhood to which the building is to be moved." The proposed house is a one-story rambler style dwelling with permanent siding, aluminum trim and vinyl therm windows. The houses within the Oster Drive area are a combination of rambler and split entry style designed homes, all having attached garages. Opposition City staff have received a petition form the surrounding neighbors in opposition to the house being moved to this location. The petitioners believe the home is not consistent with the established building development in the neighborhood. SUMMARY/CONCLUSION Mr. Gabrysh is requesting to move a 36'X 24' one story house and a 24'X 24' detached garage from Richfield, Minnesota to Lot 6, Block 1, Oster Addition. The requested variance will allow a building setback from Pilot Knob Road consistent with the existing home on the lot to the south. The request complies with Conditions A through E of the City Code Chapter 4, Section 4.10; however, Condition G requires that the home must be consistent with the established building development within the neighborhood. The existing houses in the Oster Drive area all have attached garages, the proposal includes a detached garage and some of the surrounding neighbors are opposed to the City issuing this building move permit. ACTION TO BE CONSIDERED A. To approve or deny a request for a 15' rear yard building setback Variance for Lot 6, Block 1, Oster Addition. Approval should be subject to the following condition: B. To approve or deny a Building Move Permit to move a house and detached garage to Lot 6, Block 1, Oster Addition. `5 3 111\'.11 �:Y,X:IO 40o - Location Map S � F Y 0 Y d ti ID Mf S ■ � b = PEI t p V i POO Al Su 'elIct Site ® • •aIL d 39. 1 d M ORIDaMRM' RVf. 0 ? a a® ® < 0 O r fT ® ®LO— IM • �e®�(3 Q ® 4 sun euu RR. A Ali J m ® yJR ® li ®- ® ®7"Y y ® ®®- ��me _ ® �• mofor oR 19 @� p m � Y g ■ S 4� 3° o a a R[o ilRRR aowa h gj� � � AMONM Iq cams Mll ® Christopher Gabrysh Variance Case No. 04-V-11-08-97 1AE 800 0 800 7600 Feet City of Eagan Community Development Department "- Sketch For: Chris Gabrysh 61 Carriage Lane Burnsville, M61 55337 DELMAR H. SCHWANZ LAND SURVEYC - S. INC. "firtend Under Lew$ of The --tete of Mlnneme 11750 SOUTH ROBERT TRAIL ROSEMOUNT, MINNESOTA 55088 812/123-1789 SURVEYOR'S CERTIFICATE Sketch to show proposed variance to the rear setback on Lot 6, Block 1, OSIER ADDITION, according to the recorded _ plat thereof, Dakota County, MInnesota. 0� TCC OMV%E d 2� 00 Drainage--'&,dti 1 ity Easemerys �q I hereby certify that this survey, plan, or report was Prepared by me or under my direct supervision and that I em a duly Registered Land Surveyor under the laws of the State of Minnesota. Dated 08-20-97 31.`14 i a H97106 1 Scale: 1 inch = 30 feet r � I I Drainage & I 1 til �_ty Easm. 90, 00 DELMI. AR H. SCHWAS Z --8625— . 8625— �:• •�: ter r^'t; ,.' \��. q r� Right of Access dedicated to Dakota County on the plat of OSTER ADDITION Delmar H. Schwarz Minnesota Registration No. 8825 / j�— !. 0n7 THIS PETITION IS SUBMITTED BY THE RESIDENTS OF OSTER DRIVE AND THE SURROUNDING NEIGHBORS OF THE LOT LOCATED ON 1405 OSTER DRIVE. THE PROPERTY OWNERS OF THIS AREA FEEL THAT THE PROPOSED VARIANCE SHOULD NOT BE ALLOWED DUE TO THE LIMITED SPACE, THE AGE OF THE HOME, AND THE FACT THAT THIS HOUSE DOES NOT HAVE AN ATTACHED GARAGE LIKE ALL THE EXISTING HOUSES IN THE CUL-DE- SAC. THEREFORE THIS WOULD BRING DOWN THE PROPERTY VALUE OF EACH OF OUR HOMES. j Agenda Information Memo September 16. 1997 Eagan City Council Meeting OLD BUSINESS A. APPOINTMENTS TO THE ADVISORY PARKS COMMISSION & THE ADVISORY PLAI\NING COMMISSION ACTION TO BE CONSIDERED: To appoint an alternate member to the Advisory Parks Commission and the Advisory Plamlinca Commission. FACTS: + On August 19. 1997. the Citv Council accepted the resignation of Guy Kohlnhofer, from the Advisory Parks Commission and the alternate, Steven Knutson, was appointed to fill his vacancy. • On August 19. 1997. the City Council accepted the resignation of alternate member Kurt Augustin from the Advisory Planning Commission. • For both alternate positions, staff was directed to contact remaining candidates, and others who have previously expressed an interest in serving on a commission. • Four individuals have expressed an interest in serving on the Advisory Planning Commission. Two of the four individuals have also expressed an interest in serving on the Advisory Parks Commission as a second choice. • Robert Mickelson. Jr. and Michael Zwiefel have indicated their preference to serve on the _advisory Planning Commission with the Advisory Parks Commission listed as a second choice for both of them. F.J. Sabonji and Charles Thorkildson have indicated a desire to serve on the Advisory Planning Commission. • One appointment needs to be made for an alternate member to the Advisory Parks Commission with the term to expire on December 31. 1997. The other appointment to be made is for an alternate member on the Advisory Planning Commission with the term also expiring on December 31, 1997. ATTACHMENTS: Background Information Forms on pages throughw_. W� FROMC PHONE NO. 612 696 1064 Aug. 27 1997 11:13;M Pi t' OF EA !; IN uhWH4 ruuu,u . a i QTY OF EAGALN BACKGROUM INFORMATION FORM smease two or prat clearly In Ink Robed . 1�t� 1A - 19_ Name � Date Iyour In order that the 11Uyor pnd �7ouncilmembots eve a fitter understanding of background and interests, please prorvide thi ibUQW ng in&rmatioat (Attach e3itra sheets if necessar9). Home Address 4 t,5 t+' & bo -K- IU Phone e R=96% How long have you lived in EWn? q? years occupations ` tM Please indicate which Committ J ofus would be serloudy interested in serving on. 1st Choice [ Ind Choke _P( AIi 044A-4'VXI 3rd Choice Atb Ccs 1 you are applying for. List only► thol you Prior merlence on City C" missions, City Boards, ete. 12 686 1064 08-27-97 11:06AM P001 #15 FROM t ' PHONE N0. : 612 666 1064 ��"� f'y! ! U',i:�v5 UC ."!;UlH :•! 1 r �r'.u:ih 1,�n y0OD1U04 rU9'u�27 1997 11:14W p2 =96% i Provide it short paragraph mmm&rizjng Vrhy you are � an aPPoi ent a bion in 6e city or . Briely describe your bachgmmnd, Grimm ands otber ijn • uy given which you believe should be considered regarding the appointment you a seelp'rev&dng.. Retara to: City or Bag adt�atorcily Date Reeeived. � UM PilotSnob Road (For Office Use O '�+) Eagan MN BSU2 TWOPhone: (6U) 681,- M (Q" -08b 1064 U8-27-97 11:06AM P002 #15 AUG -28-97 THU 11:31 AM BUFFETS INC FAX N0. 6129470119 P.02 UB -28-97 08.30AM FROM CITY OF EAGAN TO 99470119 P00Z/003 CITY 01 FAGAN BACKGROUND I*ORMATION FORM *Pleam type or print clearly is ink MLWAEL Name Date In order that: tis Mayor Md Col dhtteLbers Leve a better ionderstandii'g of your back mond and bttemts, please provide tkc fOWMng futbrmanow (Attach eidra Meets �eeessarg3: Home Address t L4;kjF— "K— 22 Phone (Hj (o -d drq iv Mt4 e6s lzl I j How long have you lived in Eagan? I, Fmployer u Plr S i r4C, ' OtenpatfoV it [ +gN�16�.p 99Z - 471 Please Indicate wyueh Conte Wee$/CDMM18AMI you are applying for. Last only those you would be serlously interested in serving on.. Yst Cho� 2n8 Choice ra 3rd Choice 4th Cboim Pryor experknee on City Cammissions, City Boa rdk etc R-97% 6129470119 08-28-97 11:20AM P002 #29 AUG -28-97 THU 11:31 AM BUFFETS INC FAX NO. 6129470119 P.03 08-28-97 08:30AN FROM Ci'll OF EAGAN TO 99470119 PDD3/003 Provide a short p ph summarizing Why you xft Cmnwisdoa fur the ty of Eagan. "eking an appointllnent eo s t W % t3 c�+otic M0 1 NVOWED IN µ� �Or.-;ALI T 1 �Ct M i 13xiiefYy desmibe your ba&,Wo ad, eR*He*e and any other information not previously Own Mich you be=90UMO d be em ddwed r"arding the appointment you are "eking. MAL A 04 et 'TC�Ttc t ► w i N ttHt-t 10 YFA . 1 c v int A -r !D oF: T7M?, c.�M M �-1 X51 DtlA1.� Doi -LTL ,i i Return to: City Ad minimmor Date Rece City 4gan (Ibr c�ei >Jsc [h ) 3530 P1 of xnob Road Eagan 56122 ' I Telephone: (612) 611146N R=97% 6129470119 08-28-97 11:20AM P003 #29 I CITY OF EAGAN BACKGROUND INFORMATION FORM *Please type or print clearly in ink F.J. Sabongi Name December 20, 1996 Date In order that the Mayor and Councilmembers have a better understanding of your background and interests, please provide the following information: (Attach extra sheets if necessary). Home Address_ 596 Hackmore Drive Phone (I) 452-5872 c;r-; I ,� How long have you lived in Eagan? 4 1i years Employer self Occupation architectural & interior PhoneM 452-8308 designer, historic preservation specialist, downtown revitalization specialist Please indicate which Committees/Commissions you are applying for. List only those you would be seriously interested in serving on. 1St Choice Advisory Planning Comm- 2nd Choice 3rd Choice 4th Choice Prior experience on City Commissions, City Boards, etc. Member. Governor's Residence Council State of Yinnesota President, Friends of the Holz Farm, Eagan Board Member, Friends of the Sibley House, Mendota 1 Provide a short paragraph summarizing why you are seeldng an appointment to a Commission in the City of Eagan. I live and work in Eagan. As a taxpayer, business owner and parent I am concerned about the future of the community. I look forward to bringing my energy and my analytical and design skills to a city commission. Briefly describe your background, experience and any other information not previously given which you believe should be considered regarding the appointment you are seeking. Business owner: Sabongi Consulting Group, Inc., a full service firm which offers architecture, interior design and historic preservation services. Experienced in all facets of commercial and residential design, including ADA requirements. More than 18 years of experience as a designer. Master's degree in architecture from the University of Minnesota Honors and distinctions: Pella Design Competition, University of Minnesota; Red Wing, Minnesota Heritage Preservation Commission Award; Guest speaker on design and disabilities issues; Expert witness on property valuation. Return to: City Administrator Date Received_ City of Eagan (For Office Use Only) 3830 Pilot Knob Road r _ Eagan MN 55122 Telephone: (612) 681-4600 ��. 08-22-97 04 19PM FROM CITY OF EAGAN TO 94546832 P003/004 CITY OF EAGAN BACKGROUND INFORMATION FORM *Please type or print clearly in ink CHARLES THORKILDSON Name August 27,1997 Date In order that the Mayor and Councilme�mbers have a better understan of your background and interests, please provide the following information: (Attach e3tra sheets if necessary). Home Address 510 Rolling Hills Circle _ phone (H) 687-9052 Eagan, Minnesota 55121 How long have you lived in Eagan? 9 years i I Employer Phoenix International Frei h't Services Ltd. OccupationAir Export Supervisor Phone(M 454-6894 i Please indicate which Committees/Commissions you are applying for. List only, those you would be seriously interested in serving on. 1St Choice Advisory Planning Commission, 2nd Choice i 3rd Choice i 4th Choice i Prior experience on City Commissions, City iBoards, etc. i I I have worked with the APC, on the Tricking Study, and consequently the new Zoning Ordinance, recently passed by t#e City Council. During this time, I have come to appreciate the function of the'.APC and have the desire work oda the, future development of the City. I have also attended meetings on airport noise "d Park and Recreation issues (the Bond refendum). (6-S 08-22-97 04:19PM FROM CITY OF EAGAN TO 94546832 P004/004 I Provide a short paragraph summarizing Eby you are seeking an appointment to a Commission In the City of Fagan. _ I with the APC on the Truckiug Study and Zoniug ordinance I realized Jhat I anted toAmy Pgrt and work on the future of Ea an. I en'o ed the worklthat I did and look forward to servbg the Citj of Eagan. i i i Briefly describe your background, experience and any other Information not given which you believe should be considered regarding the appointment you ache For the past 21 years, I have worked in International Transport. My wok, previously seeking. in tb field has given me the ORPortunity to -year 38nX hats: negotiator, pl4nner, educator, and problem solver. My sucks has come from my abilitZ to choose the f best path, determined through thorough ;analysis of the situation. I beLeve the skills will serve as valuable assets i� I were chosen for the APC. � I Return to: City Administrator Date Received -1 City of Eagan (For Office Usk Onjo 3834 Pilot Knob Road Eagan MN SS122 Telephone:' (612) 6814600 is se Agenda Information Memo September 16, 1997 Eagan City Council Meeting A. AMENDMENTS TO CHAPTER 11 OF THE EAGAN CITY CODE ACTION TO BE CONSIDERED: > To approve the adoption of an ordinance of the City of Eagan, Minnesota, amending Eagan City Code Chapter Eleven entitled "Land Use Regulations (Zoning)" by amending Section 11.21 regarding Shoreland zoning regulations; and by adopting by reference Eagan City Code Chapter 1 and Section 11.19. > To approve a resolution authorizing publication of a summary ordinance. FACTS: > The Advisory Planning Commission held a public hearing and recommended approval of the proposed amendments at their regular meeting on July 22, 1997. BACKGROUND/ATTACHMENTS: > Minutes of July 22, 1997 APC meeting, paged tlwo"01�� . > Summary of changes, pagesthrough > Ordinance regarding Section 11._ 1, pages through►� �• > Resolution and summary ordinance, pages through 1 J61 �c� Paue 14 July 22, 1997 ADVISORY PLANNING CO1vMSSION ORDINANCE AMENDMENT CITY OF EAGAN Commission Chair Heyl opened the next public hearing of the evening regarding an Ordinance Amendment to City Code Chapter 11 entitled "Land Use Regulations" (Zoning) by amending Section 11.21 Shoreland Zoning. Associate Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in her memorandum to the Commission dated July 17, 1997 and July 22, 1997. Ms. Dudziak noted the background of the subject. The APC discussed the accessory structures provisions and responded "No" to both questions presented in the staff memo dated July 22, 1997. The APC directed City staff to make the appropriate modifications before the City Council meeting. Member Burdorf moved, Member Frank seconded, a motion to recommend approval of an Ordinance Amendment to City Code Chapter 11 entitled "Land Use Regulations" (Zoning) by amending Section 11.21 Shoreland Zoning. All voted in favor, except Member Miller who was absent for the vote. HAEMO city of eagan To: Chair Carla Heyl and Members of the Advisory Planning Commission From: Pamela Dudziak, Associate Planner Date: July 17, 1997 Re: Revisions to Shoreland Ordinance BACKGROUND Earlier this year, the Advisory Planning Commission directed staff to prepare revisions to the city's Shoreland Ordinance. In response, staff undertook a comprehensive review of the Shoreland Ordinance to review it for clarity and consistency with the State Department of Natural Resources model ordinance, the city's Zoning Code and the city's land use permit procedures. The public hearing for the ordinance was originally scheduled for the May APC meeting, but was continued to the July 22, 1997 meeting pending revisions following DNR review of the draft ordinance. The DNR has reviewed a copy of the draft ordinance. Although formal comments on the proposed amendments have not been submitted, the DNR has indicated that the proposed changes are generally acceptable. DESCRIPTION OF PROPOSAL A summary list of the proposed amendments is attached. The draft ordinance showing the changes follows. Most of the proposed revisions clarify provisions already in the ordinance. However, a couple of the changes are substantive and should be noted. Subdivision 8.A. — Reduce the lot area requirements for unsewered lots from 10 acres to 80,000 and 40,000 square feet depending on the classification of the waterbody. Subdivision 9.D. — The proposed revisions make the treatment of accessory structures in shoreland areas consistent with other areas of the city. Some specific restrictions remain regarding habitation, height, and type of structures allowed. As with all of the shoreland provisions, accessory structures are subject to both the accessory structure requirements elsewhere in the zoning code and those additional standards in the shoreland ordinance. ACTION TO BE CONSIDERED To recommend approval or denial of amendments to Section 11.21 of the City Code, Shoreland Zoning. SUMMARY OF AMENDMENTS TO SECTION 11.21 SHORELAND ZONING SUBDIVISION 3 — Definitions • Bluff — correct distance from 560 feet to 50 feet • Building Height — Delete definition in Shoreland Section; definition for Ch. 11 will apply in Shoreland Section also: Building Height - The vertical distance above "grade" as herein defined to the highest point of a flat roof or a mansard roof, or to the highest gable of a pitched or hipped roof. • Ordinary High Water Level (OHWL) — Delete last sentence regarding reservoirs and flowages, there are none in Eagan. Change all references for "ordinary high water mark" or "OHWM" to "ordinary high water level" or "OHWL" throughout this section. • Add the terms "shoreland area," "shoreland district," and "shoreland overlay district" to mean the same as shoreland. • Throughout Section 11.2 1, references to "planned unit development" or "PUD" are changed to "planned development" or "PD". • Subdivision — Delete definition; cross-reference definition in Ch. 13 of City Code. • Water -oriented accessory structure or facility — Delete definition; eliminate distinction between water -oriented accessory structure and other accessory structures. SUBDIVISION 6 Subd. 6.C.2. — Change "department of natural resources" to DNR. Subd. 6.D.1. — Delete paragraph; renumber paragraphs 2 and 3 as 1 and 2. SUBDIVISION 7 Subd. 7.A.2. — Delete last column in table. Subd. 7.B. — Delete entire table. Retain text of part B.3., Land use overlay districts, with modifications. Change B.3. to "Land Use and Shoreland Zoning Regulations." Modify order and wording, establish shoreland as an overlay district. SUBDIVISION 8 Subd. 8.A. — Replace table. • Specify clearly that these provisions apply only to single detached dwellings, commercial, industrial and attached (multifamily) uses are prohibited in unsewered areas. • Reduce lot area requirements from 10 acres to 80,000 and 40,000, depending on the classification of the waterbody. • Change category title to simply "Lot Width" — add footnote that lot width must be met at both building line and OHWL • Change "OHWM" to OHWL Subd. 83, C and D — Replace tables. • Consolidate tables in parts B, C and D. • Change references to multiple dwellings to "attached dwellings." • Add commercial, industrial and multiple dwelling uses prohibited in shoreland areas of Natural Environment waters. Attached dwellings not pursuant to a planned development also prohibited. Srind-amend summary u September 11, 1997 • Change "water frontage" and "riparian frontage," to "lot width" • Add footnote that lot width must be met at both the building line and the OHWL. • Add note on building height in Attached Dwelling section to avoid CUP within PD — height in excess of 35 feet "must meet provisions for CUP in Sec. 11.4." • Correct the regulations for commercial development in shoreland areas of GD waters to require lot width of 100 feet at both the building line and the OHWL, and specify that the regulations also apply to industrial development. • Add footnote to cross-reference that impervious surface limit may be increased with CUP. SUBDIVISION 9 Subd. 9.D. — Delete "water -oriented" from title, etc. Change title to "Accessory Structures." Modify provisions to eliminate references to restricted use of the accessory structure, screening and architectural treatment of the accessory structure, and setback from ordinary high water level. Retain restrictions on habitation, height, size and setbacks. Subd. 9.E. — Change "PUD" to "Planned Development" Subd. 9.E.5. — rephrase to clarify Subd. 9.I.2(c)(1) — Change "shore impact zone" to "shore or bluff impact zone." Subd. 9.I.2(c)(2) — Change "shore impact zone" to "shore and bluff impact zones." Subd. 9.L.4 — Add standards for CUP to increase impervious surface beyond 25% SUBDIVISION 10 Subd. 10 — Delete all references to Conditional Use throughout Subdivision (City doesn't do conditional uses within planned developments). Subd. 10.F.2. — Add the floor area ratios for average unit floor area measuring 200 and 300 square feet to the table. Remove "Unit" from "Planned Unit Development" in title. Subd. 10.1.7. — Add last sentence "For commercial PDs, at least 50% of the shore impact zone must be preserved in its natural state." Srind-amend summary September 11, 1997 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LANDUSE REGULATIONS (ZONING)" BY AMENDING SECTION 11.21 REGARDING SHORELAND ZONING REGULATIONS; 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 changing Section 11.21 to read as follows: Sec. 11.21. Shoreland zoning. Subd. 1. Purpose and intent. The unregulated use of shorelands within the city contributes to the pollution of public waters and impairment of the local tax base, thereby threatening the public health, safety and general welfare. Therefore, it is in the best interests of public health, safety and welfare to regulate the use and development of shorelands of public waters to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for effective and efficient use of waters and related land resources. Subd. 2. Scope. The provisions of this section shall apply to conduct, including, but not limited to, the use of any shoreland of public waters; the size and shape of shoreland lots; the use, size, type and location of structures on shoreland lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation;- and the subdivision of land which has shoreland area. Subd. 3. Enforcement. The city shall be responsible for the administration and enforcement of this section. It is unlawful for any person to violate the provisions of this section, including violation of conditions or restrictions of building permits, shoreland alteration permits, variances or conditional use permits. Subd. 4. Abrogation and greater restrictions. This section shall not repeal, abrogate, or impair any existing easements, covenants, or deed restrictions, except to the extent the provisions of this section are more restrictive. Subd. 5. Definitions. For purposes of this section only, the following terms shall have the meaning stated: Bluff means a topographic feature, such as a hill, cliff, or embankment, having all of the following characteristics. An area with an average slope of less than 18 percent over a horizontal distance for 560 50 feet or more shall not be considered part of the bluff. A. Part or all of the feature is located in a shoreland area; B. The slope rises at least 25 feet above the ordinary high water level of the water body; C. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and D. The slope must drain toward the water body. 2. Bluff impact zone means a bluff and the land located within 20 feet from the top of a bluff. 3. Building line means a line parallel to a lot line or the ordinary high water level at the minimum required setback beyond which a structure may not extend. 4. Clearcutting means the removal of an entire stand of trees. 5. Commercial planned development means a planned development of various commercial uses. 6. Commercial use means the principal use of land or buildings for the sale, lease, rental or trade of products, goods, and services. 7. DNR means the commissioner of the department of natural resources. 8. Deck means a horizontal, unenclosed platform, with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or dwelling site and at any point extending more than three feet above ground. 2 9. Duplex means a dwelling structure on a single lot, having two dwelling units, attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities. 10. Dwelling site means a designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. 11. Dwelling unit means any structure or portion of a structure, or other shelter designed as short-term or long-term living quarters for one or more persons. 12. Extractive use means the use of land for the removal of surface or subsurface sand, gravel, rock, industrial minerals, a nonmetallic mineral, or peat not regulated by Minn. Stat. § § 93.44--93.51 and amendments thereto. 13. Forest land conversion means the clearcutting of forested lands to prepare for a new land use other than re-establishment of a subsequent forest stand. 4-5714. Industrial use means the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. 4-645. Intensive vegetation clearing means the complete removal of trees, grasses or shrubs in a contiguous patch, strip, row, or block. 44716. Ordinary high water level (OHWL) means an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. , the er-din� high water- level is the epefafing elevaiens of the sununer- pool. 4.5-17. Planned development means a development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease, whereby these units or sites provide areas of common space, density, increase mix of structure types and land uses. Planned developments may include, but are not limited to, condominiums, timeshare condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses or apartment buildings, and accessory land uses to the principal uses. 4-9,18. Public waters has the meaning given it in Minnesota Water Law (Minn. Stat. § 103G.005, subd. 15). 2049. Residential planned development means a use where the nature of residency is nontransient and the major or primary focus of the development is not service oriented. 220. Riparian lot means a lot which borders on a lake, river or stream. 22-.21. Semipublic use means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. 2-22. Sensitive resource management means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding or occurrence of flora and fauna in need of special protection. 24.23. Setback means the minimum horizontal distance between a structure, sewage treatment system, or other feature and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility. 22_1+24. Sewage treatment system means a septic tank and soil absorption system or other individual or cluster -type sewage treatment system as described and regulated in subdivision 9 of this section. 2.25. Sewer system means the pipelines or conduits, pumping stations, and force main and all other constructions, devices, appliances, facilities or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. 2.26. Shore impact zone means land located between the ordinary high water 4 A level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. 2.&27. Shoreland, Shoreland area, shoreland district and shoreland overlal, district means land located within the following distances from public waters: 1,000 feet from the ordinary high water level of any lake, pond, or flowage; and 300 feet from rivers and streams, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. 24728. Significant historic site means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the state register of historic sites, or is an unplatted cemetery within the provisions of Minn. Stat. § 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. 34-29. Steep slopes means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. 34:30. Structure means any building or appurtenance, except aerial or underground utility pipes or lines, including, but not limited to, decks, sewer, electric, telephone, telegraph, gas, towers, poles and other supporting facilities. 9-2-.31. Subdivisionm.^ra that is di-Aded f r the -pisv$e-vf im�,-rvrr,-vrlease, means as defined in Cit4- Code chapter 13. 3-3,32. Surface -water -oriented commercial use means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use. 5 MAW 3433. Toe of the bluff means the lower point of a 50 -foot segment with an average slope exceeding 18 percent. 334. Top of the bluff means the higher point of a 50 -foot segment with an average slope exceeding 18 percent. 36,35. Undue hardship means the property in question cannot be put to reasonable use under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a undue hardship if a reasonable use for the property exists under terms of the official controls. 3,?36. Variance has the meaning given it in this chapter. 3-37. Wetland means a surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971). Subd. 6. Administration. A. Permits required. The provisions of chapter 4 of the City Code regarding the issuance of building permits shall apply to this section. No buildings, building additions, including fences higher than six feet, decks, signs or sewage treatment systems shall be constructed, installed or altered, and no grading or filling activities not exempted by subdivision 12(I) of this section shall be permitted without first obtaining a permit from the city. Application for a permit shall be filed with the city clerk on the form provided by the city. The application shall include the necessary information so that the city can determine the site's suitability for the intended use and that a conforming sewage treatment system will be provided should any building permits or conditional use permits be issued. 0 000"? '000? 00 RMM 3-37. Wetland means a surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971). Subd. 6. Administration. A. Permits required. The provisions of chapter 4 of the City Code regarding the issuance of building permits shall apply to this section. No buildings, building additions, including fences higher than six feet, decks, signs or sewage treatment systems shall be constructed, installed or altered, and no grading or filling activities not exempted by subdivision 12(I) of this section shall be permitted without first obtaining a permit from the city. Application for a permit shall be filed with the city clerk on the form provided by the city. The application shall include the necessary information so that the city can determine the site's suitability for the intended use and that a conforming sewage treatment system will be provided should any building permits or conditional use permits be issued. 0 000"? '000? exis pen-nit issued hereunder shall state that an l 9, shall beteg 2' Any Pe stem, as defined by subdivision sewage treatment system, provision of this reconstructed or replaced in accordance with the p section. eral provisions of this section shall be complied with before 3. The gen the issuance of the permit• compliance by the city shall be required for B. Zoning compliance. Zoning subparagraph A, above. This each activity requiring a peanut as specified in arequirement, re that the use of land conforms. to the tut orized by pe mit shall his will specify or constructon not authorized ordinance. Any use, activity, be unlawful. C. Variances. variance may be granted except in accordace wih Stat- shall 1nnn- Stat. 1. No ter. A variance ot ch. 462 and the provisions of this chap circumvent the general purposes and intent of this that os p prohibited variance may be granted that `'Would allow any is located. in the zoning district in which the subject propertyof a variance to ensure be imposed in the granting Conditions may protect adjacent properties and compliance with this chapter, and top nest, the city council the public interest. In considering a variance req will also consider whether the property owner has reasonable useuse of the land without the variance wthe ar an°e is eing requested seasonally or year-round, whether solely on the basis of economic nadjacentconsiderations, Properties characteristics of development on a 2 The city shall hear and decide requests for variances, including variances for sewage treatment systems in shorelananstsWhen a accordance with the rovisions governing he zoning p ent of Natural Resources variance is approved after the Departm record, the DNR has formally recommended denial ired thereinin the shall also notification of the approved variance qand the findings include the summary of the public record/testimony of facts and conclusions which supported the issuance of the variance. lb! 3. For existing developments, the application for variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. All variances granted shall require reconstruction of a nonconforming sewage treatment system. D. Notifications to the department of natural resources. FION MON." ~"- -NO a 1-2. Copies of all notices of any public hearings to consider variances, amendments, planned development or conditional uses under shoreland management controls shall be sent to the DNR or the DNR's designated representative and postmarked at least ten days prior to the hearing. Notices of hearings to consider proposed preliminary plats shall include copies thereof. 24. A copy of approved amendments and subdivisions/plats, and final decisions granting variances, planned developments, or conditional uses under shoreland management controls must be sent to the DNR or the DNR's designated representative and postmarked within ten days of final action. Subd. 7. Shoreland classification . A. Shoreland classification system. The public waters of the city have been classified in this subdivision consistent with criteria found in Minnesota Rules, part 6120.3300, and the Protected Waters Inventory Map for Dakota County, Minnesota and the shoreland area for the water bodies listed below shall be as defined in this section and as shown on the official zoning map of the City: 2a. Lakes: Natural Environment Lakes (NE) 1 Holland 2 Gerhardt 3 Jensen 4 O'Brien 5. Unnamed 6 Unnamed 7 Schultz 8 Gun Club Recreation Development Lakes (RD) 19-69 1 Blackhawk 2 McCarthy 3 Unnamed 4 McDonough Land � DNR � ID4 Section (T27N-R23W) 19-65 26,35 19-69 33SW 19-71 34 19-72 35SW 19-73 35 19-74 35SE 19-75 35 19-78 4,5 19-59 17, 21 Res}} $� 19-60 135,36 19-63 26 19-76 T -I,-- I TIATD I T _-A V \.11.1 k1 LV ♦.1V 1/lllblll LCII\tr 7 (GD) L1\1\ ' J-GUAU J�.VL1V11 ID # (T27N-R23 W)��. a 1. Unnamed 19-54 1 I 2. Lemay's 19-55 10 Resit 3. O'Leary 19-56 15 ResidefAial 4. Fish 19-57 15,16 5. Bald 19-61 23NE Resider 6. Unnamed 19-62 25 f Residential 7. I Unnamed 19-64 36 Resit 8. Quigley 19-66 27 Residential 9. Thomas 19-67 27,28 Ce er-eiall! Residefilial 10. Unnamed (Pitt Lake) 19-68 29SW Goon eF6 11. Unnamed 19-70 33 Rel 12. Unnamed 19-77 36 Residentia 10 32. Urban rivers River j Minnesota River 43. Tributaries: (a) Kennellys Creek Section 18 Publir. (b) Hamack Creek Section 18 Publie 1aeilifies4i industiial 11 TRMPTIS 11 -raj The management e€areas-fere8mmer6e4-eF-a+dassialases ZeFing-Distfis#uJse eFw Lakes -3 Develepin e A Lakes Developm of des Ufb $dveFs s Residential Dis4fie U-5es $9Fes $ $ $ $ $ Sensitive $ Feseufees management $ $ $ $ Fep &-pastffe $ $ $ $ $ Aoe ; feedlets N N N SiRgle Fesidential $ $ $ Semi ublie�piablie use C- E $ $ $ E E C- C- 12 12 Aft eJ,YL"l TCntial .e . ,.,4or Planne develepmeffts p- p- P N uses Any Any use in residential distFie A n r gula4ea i., the ,. din.aeatW . eFrial Y `t N C tY 1Y plamed 1`F N p YY p plamed developme N N i1; s4.4st T Tn� Demmer-eiaV industrial iT N 1T C T'� TSF rial planned develepment 13 SENT BY: 9-12-97 : 11:05 SEVERSON SHELDON- 681 4694:# 2! 2 a. B. Lund use rind shoreland 4onft Mulalions. (a) The land use disaiets as deseiibed shoreland of the water bodies classified in this subdivision shall be an overlay disaicts . which shall be applied and sutwimtiosed upon all existing; land use zoning districts or as amended by the City which lie within the shoreland. The regulations and requirements of this Section shall be in addition to those established for the land use zonin , district which iointly apply, provided the more restrictive regulation.for use, setback, height, site coverage, density and anv other applicable regulation shall apply. LII A y use shall be regulated by 1�e4 the Lasezone and at.... V JliClli Vl. I LE. Lfiii .�. Fed far site ! ) height, coverage, 2. (d) District boundaries for the shoreland overlay districts shall be as shown on the official zoning map of the city. 3. Land use zoning -districts in the shoreland area shall be in conformance with the criteria specified in Minnesota Mules, part 6120.3200, subpart 3. 4. (e) Conditional use permits shall be processed by the city as provided by the provisions of this chapter. 5. (#) Nonconforming uses. Any approved use of within a shoreland etea district inexistence prior to the effective date of this section as amended which was permitted by the previous ordinance requirements but which does not meet the requirements of this section, as amended, shall be declared to be a nonconforming use. Nonconforming uses, including substandard sanitary facilities, shall be allowed to continue. However, any structural alteration or addition to a nonconforming use which will increase the present use's 14 P.5 dimensions shall not be permitted. Any improvement shall require any substandard sanitary facilities to be upgraded in accordance with the provisions of this section. Subd. 8. Dimensional requirements. The following minimum requirements shall apply to all shorelands of the public waters within the city, except where any requirement of the land use zoning district as shown on the official zoning m4p, is more restrictive than the requirement set forth herein, the land use zoning district requirement shall a Fh . apply- Unseweredewerea Arens* Wt£'FS Wmer-s Waters Let area !aeras) 4-0 4-0 40 Lot wid&andd buildingline (ft.) 200 4-59 409 d4iaFy hi ,a+er fnff (fir l 0 St et ffe seth eL fiem reads an Detennined by the zening. )f this eahaptff limitatiens aevero� 1,.. )us suffaee \' "J se~tbask fr-em er-dinafy high water. - mark \"./ ' Cn i JV 15 A. Unsewered Areas (I -L- Single detached dwelliniz uses which are not served by municipal sanitary sewer services within a shoreland overlay district shall comply with the following dimensional requirements: .._. Single Detached Dwelling Uses Natural Environment Waters Recreational Development Waters General Develo ment Waters Lot Area (s.f.) Riparian and Non -riparian 80.000 40,000 40,000 Lot Width (ft.)' Riparian Non -riparian 200 200 100 100 150 100 Structure and Sewer System Setback from OHWL (ft.)2 150 100 75 Structure setback from roads and hiE!hways Determined by the zoning district provisions of this Chapter. Maximum Structure Heieht Determined by the zoninp- district provisions of this Chapter. Maximum Impervious Surface Coverage 25% 25% 25% 1 Lot_Width must be met at both the buildine setback line and at the OHWL. 2 Structure setbacks apply to principal and-accessoLy structures. (2) Attached (multiple) dwelling uses and commercial and industrial uses shall be prohibited in areas not served by municipal sanitary sewer services. 16 Riparian 1 40,900 'ew � �-d with V .T T . �_ ever - 35 ft. NefffiParian lets x&999 Mii�� building sethaek for- QHVAr widthRiparian let buildinglkw f / ff 42-5 ✓. let 40fitage*_4 44)G Maydnium height (Stffieo 'ew � �-d with V .T T . �_ ever - 35 ft. Mii�� building sethaek for- QHVAr let 40fitage*_4 Maximum suFfaee �-=p�+����v n -(-A)* a� \" ) —25 I lot (rent Re 1 -'Y bt1 �-N44iiffnum building --4-5 setbas Aver-age lot aFeas 29;999 Av e r- age let area fef-1,009 e- M —114 -f-. Mwdmum Naikling height (k) 35 efi4y* r height (StOF on) with aCTS: n, F3G4'+ vv-Vi-�-rrr Mii�� building sethaeffem 8IPALN4 (ft-.-) —-5 E9 Maxim 25 e- Aver-age lot a e unit feF r-ipar-ian lots B f-. AVeFage !at area pe Detemiined-by RUD W �-CeffuneFeW development-. Mamin� building height 0 E �8 aFea --z25 Single dwelling detaehed Fesidentia4-. a 75 6 C�7 c� 8 e`• l�T Maximum height (feeo --SJ OIK 17v 20 I A f,tifi .1e dwelling (by PUP ,..,1.,)- i i $ 1 Feui-7 abew G.U.P.gfeund With lto.R�+c �I.C.� b- ML-,,imum building sethaek FTA deve i eps►. e.. * (f4.) afea Avef:age lot area per- unit� I D to "" Y iron+., „e !# I 20 B. Sewered areas. (1) Single detached dwelling uses which are served by municipal sanitary sewer services within a shoreland overlay district shall comply with the following dimensional requirements: Single Detached Dwelling Uses Natural Environment Recreational Development General Development Waters Waters Waters Averaze Lot Area (s.f.) Riparian Non -riparian 40,000 20,000 15,000 20,000 15,000 U2,000 Minimum Lot Width ft. 1 125 100 75 Structure setback from OHWL 100 75 50 ft. Structure setback from Determined_ by the -zoning district provisions of this Cha ter. roads and hi2hways (ft.1 2 Maximum structure height (ft.) Determined by the zoning 35 35 district provisions of this Cha ter. Maximum Impervious Surface Covera a %0 3 25% 25% 25% J. Lot Width must be met at both the building setback line and O_H_WL. 2 Structure setbacks apply to both principal and accessory structures. 3 May be increased with conditional use permit; see provisions of Subd. 9(L) of this section. 01 2 Attached (multiple) dwelling uses pursuant to a planned development which are served by municipal sanitary sewer services shall comply with the dimensional requirements: Attached (Multiple) Dwelling Natural Recreational General Uses by Planned Development Environment Development Development Only WaterS2 Waters Waters Avera2e Lot Area per Unit --- Determined by PD Minimum Lot Width per_ 200 200 develo ment ft. 1 Structure setback from OHWL --- 75 50 ft. 4 Structure setback from Determined by the zonin roads and hi hways ft.provisions of this Cha ter. Maximum Structure Height (ft.)_ Four stories above ground,• Over 35 feet must meet Provisions for CUP in Sec. 11.4, Subd. 4 of this Chapter. Maximum Impervious -_ 25% 25% Surface Covera e % 3 ' Lot Width must be met at both the buildin setback line and OHWL 2 Attached (multiple) dwelling uses are prohibited within the shoreland of Natural Environment waters. 3 MaNr be increased with conditional use ermit• see provisions of Subd. 9(L) of this section. Structure setbacks apply to both principal and accessory structures. (3 Attached (multiple) dwelling uses not pursuant to a planned development shall be prohibited. (4) Commercial and industrial uses which are served by municipal sanitary sewer services shall com Iv with the dimensional re uirements: Commercial and Industrial Uses Natural Environment Waters2 Recreational Development Waters General Development Waters Average Lot Area Riparian Nonri arian 40,000 40,000 40,000 20,000 Minimum Lot WidtELf_t_.I 75 100 Structure setback from OHWL --- 75 50 ft. 4 Structure setback from roads and highways ft. ' --- Determined by the zoning rovisions of this Chapter. Maximum Structure Height_ Four stories aboveground; Over 35 feet must meet __provisions for CUP in Sec. 11.4, Subd. 4 of this Cha .ter Maximum Impervious Surface Coverage (%)3 --- 25r 25% ' Lot Width must be met at both the building setback line and OHWL 2 Commercial and Industrial uses are prohibited within the shoreland of Natural Environment waters. 3 May be increased with conditional use permit; see provisions of Subd. 9(L) of this section. 4 Structure setbacks apply to both principal and accessory structures. (5) Commercial and Industrial uses and attached (multiple) residential dwelling uses are prohibited within the shoreland of Natural Environment waters. F -C. Urban rivers and tributaries. No development shall be permitted along urban rivers and tributaries. FD.. Lot area and width requirements. The provisions of this subdivision with respect to the minimum lot area in square feet and minimum lot width requirements in lineal feet shall apply to residential lots created after the date of enactment of this section, as amended. Only land above the ordinary high water level of public waters can be used to meet lot area and lot width requirements. These minimum requirements shall be met at both the ordinary high water level and at the building line. 23 Subd. 9. General provisions. A. Lots for controlled accesses. Lots used for controlled accesses to public waters or as recreation areas by owners of nonriparian lots within subdivisions shall meet or exceed the following standards: Lots shall meet the minimum width and area requirements for residential lots and be suitable for the intended uses; 2. In the event docking, mooring, or over -water storage of more than six watercraft is present on a controlled access lot, the width of the lot (keeping the same lot depth) shall be increased by 25 percent in lot frontage for each watercraft beyond six; 3. Lots shall be jointly or commonly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot in a manner acceptable to the city and the DNR; and 4. Land covenants or other equally effective legal instruments shall be executed and provide the following restrictions: (a) Lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They may also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment or normal property rights of adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing, or picnicking. (b) The total number of vehicles allowed to be parked on the lot. (c) The total number of watercraft allowed to be continuously moored, docked, or stored over water. (d) Centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. 24 1-5 (e) All parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water. B. Placement and design of structures. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots of a proposed building site, structure setbacks required for a new proposed building or an addition to an existing building may be altered without a variance to conform to the average setbacks on the adjoining lots from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or bluff impact zone. C. Floodplain regulations. Structures shall be located in accordance with the floodplain regulations of the City Code. 2 Wmer- er- ented Accessory structures, where allowed, may have the lowest floor placed lower than the elevation determined by the procedures in floodplain regulations if the structure is constructed of flood -resistant materials to the flood elevation, electrical and mechanical equipment is placed above the flood elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action, wind -driven waves and debris. D. 4-e4en&W-Accessory structures. On reer-eational development and gener-al in this seefien if this water- e6ented aeeessei�, stmetffe eemplies with the Accessory structures in shoreland districts shall satisf. minimum structure setbacks required in this Section and comely with the following: FM I RIMS IMMUMMS ks — -.!., t 1. 1.. — – ftw� M 2-1. The accessory structure shall neither not exceed ten feet in height, exclusive of safety rails . ; 2. The accessory structure shall not exceed 150 square feet in area; 25 3. Detached decks shall not exceed eight feet above grade at any point; and 3. Theaeees7eFy-str-uC7tuFe setback f em the ..r -&i a y high. ..ate.. level shall 1, not lens than ten feet-, A. The Tl,e -ILG��r as eanen st t...�e . sib l;ty T s erelan shall be red ee.7 b, JIM VIA.II f fem the..ublie e ..e+.�t.e., tepegr-a . yet ffs a.,,1 .,dj ee«+ by aseil seth ek ) 3-4. The accessory structure shall not be' neither- be designed e used for human habitation nor shall it contain water supply or sewage treatment facilities. E. Stairways, lifts, landings and docks. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts shall meet the following design requirements: 1. The stairways and lifts shall not exceed four feet in width, except stairways used as in public open space recreational properties and Planned Developments; 2. The stairway and lift landings on residential lots shall not exceed 32 square feet in area, except sueh landings used on in public open space recreational properties and Planned Developments; 3. Canopies or roofs shall not be permitted on stairways, lifts or landings; 4. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; 5. Stairways, lifts, and landings shall be located on a portion of the lot that most reduces the visibility of these stairways, lifts and landings from the public use water. 6. Structures for mobility impaired persons including ramps, lifts, or mobility paths are permitted for achieving access to shore areas, provided that the dimensional and performance standards of subitems (1) to (5) above are complied with in addition to the requirements of Minnesota Rules, part 1340; and 26 7. Docks shall not exceed five feet in width unless a shoreland building permit is obtained therefor. F. Significant historic sites. No structure shall be placed on a significant historic site in a manner that affects the historical value of the site unless adequate information about the site, as determined by the Minnesota Historical Society, has been removed and documented in a public repository. G. Steep slopes. The city shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to issued permits to prevent soil erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters. H. Height of structures. All structures in all shoreland districts shall not exceed 35 feet in height, unless a conditional use permit is obtained therefor in accordance with the provisions of this chapter. Any application for a conditional use permit hereunder shall be subject to notice and comment by the DNR before the permit is issued by the city. I. Shoreland alterations. To prevent soil erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat, shoreland alterations are subject to the following conditions: 1. Vegetation alterations. (a) Any vegetation alteration necessary for the construction of structures, sewage treatment systems, roads and parking areas regulated by this section are exempt from the regulations in this provision. (b) Except for agricultural and forest management uses: (1) Clearcutting and intensive vegetation clearing within the shore impact zones and on steep slopes shall be prohibited. No intensive vegetation clearing for forest land conversion to another use outside of these areas shall be conducted without first obtaining a conditional 27 use permit. No such permit shall be issued unless a soil erosion control and sedimentation plan is approved by the soil and water conservation district in which the property is located. (2) In shore impact zones and on steep slopes, limited clearing or cutting, pruning, and trimming of trees and shrubs may be conducted to provide a view from the principal dwelling site to the public water and to make installation or construction of stairways, lifts, picnic areas, access paths, beach and watercraft areas and water -oriented accessory structures possible, provided that: (aa) The screening for structures, vehicles, or other facilities as viewed from the water is not substantially reduced; (bb) Along rivers, existing shading of water surfaces is preserved; and (cc) In the shore impact zone, live trees larger than six inches in diameter shall not be cut, except to provide for water -oriented accessory structures or to provide a water -viewing corridor not to exceed 20 percent of the shoreline width of the lot. (3) The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. 2. Topographic alterations,/grading and filling. (a) Grading, filling and excavations for the construction of structures, sewage treatment systems, and driveways under a validly issued building permit do not require the issuance of a separate grading and filling permit but shall be subject to the provisions of this subdivision. (b) Public roads and parking areas are regulated by this subdivision. 28 (c) Notwithstanding any provisions in this section to the contrary, a permit shall be required for: (1) The movement of more than ten cubic yards of material on steep slopes and within shore or bluff impact zones. (2) The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. (d) The following considerations and conditions shall be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: (1) Any filling that occurs in any type 3, 4, or 5 wetland over 2.5 acres in area shall require a permit from the DNR; (2) Alterations shall be conducted in a manner in order that the smallest amount of bare ground is exposed for the shortest time possible; (3) Mulch or similar material shall be used for temporary bare soil coverage, and a permanent vegetation cover shall be established as soon as weather conditions allow; (4) Soil erosion control measures shall be used; (5) Altered areas shall be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service; (6) No fill or excavated material shall be placed in a manner that creates an unstable slope or finished slopes of 30 percent or greater; 29 /00 (7) No fill or excavated material shall be placed on steep slopes without the city engineer's review for continued slope stability; (8) No fill or excavated material shall be placed in bluff impact zones; (9) Any alterations below the ordinary high water level of public waters shall be in accordance with the provisions of Minnesota Water Law (Minn. Stat. ch. 103G). (10) No alterations of topography shall be allowed, except if they are an accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; (11) No natural rock riprap shall be placed, including associated grading of the shoreline and placement of a filter blanket, unless the finished slope is not greater than 3:1 (may be increased by DNR permit), the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet; and (12) The provisions of City Code chapter 4 shall apply to excavations and fills under this section. (e) Connection to public waters. No excavation shall be conducted where the intended purpose is connection to public water, including boat slips, canals, lagoons, and harbors, without first obtaining a permit from the DNR. I Wetland protection regulations. 1. Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland shall be evaluated by the city to determine how extensively the proposed activity would affect the following functional qualities of the wetland: 30 /0? (a) Sediment and pollutant trapping and retention; (b) Storage of surface runoff to prevent or reduce flood damage; (c) Fish and wildlife habitat; (d) Recreational use; (e) Shoreline or bank stabilization; and (f) Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or other. 2. An evaluation shall also be made to determine whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the state department of natural resources, or the United States Army Corps of Engineers. The person(s) proposing the wetland alteration shall be responsible for this evaluation and compliance with these agency regulations and requirements. 3. Development, grading and filling shall comply with the provisions of the Minnesota Water Law (Minn. Stat. chs. 103A --103G). 4. The city evaluation shall be utilized in setting forth any conditions or mitigation measures relating to wetland protection. K. Placement and design of roads, driveways, and parking area. Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation shall be provided to the city that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local Soil and Water Conservation District, or other applicable technical materials. 2. Roads, driveways and parking areas shall meet minimum required setbacks and shall not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, provided 31 /v z they are constructed in a manner to minimize adverse impacts as determined by the city. 3. Public and private watercraft access ramps, approach roads, and access -related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subparagraph are met. For private facilities, the grading and filling provisions of this subdivision shall be met. L. Stormwater management. All developments shall meet the following requirements: When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. 2. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities and erosion potential that will reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods must be used to retain sediment on the site. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities, including diversions, settling basins, skimming devices, dikes, waterways, and ponds, shall be utilized. Stormwater management measures using surface drainage, vegetation, and infiltration shall be used rather than buried pipes and manmade materials and facilities when practical and reasonably possible. Settling basins to intercept and treat urban runoff shall, at a minimum, be sized to meet Nationwide Urban Runoff Program (NURP) criteria. . 4. Impervious surface coverage of lots must not exceed 25 percent of the lot. This may be increased provided the city has approved and implemented a community -wide storm water management plan affecting the subject site ranted a conditional use permit permitting an increase in impervious coverage, and required the necessary water quality mitigation features to meet non - degradation standards for phosphorous for the nearest 32 /03 downstream recreational water bodv identified in the EaLan water Quality management plan. an iner-ease has been granted. 5. When constructed facilities are used for stormwater management, a document from a duly qualified individual shall be filed with the city. The document shall state that the constructed facilities are designed and installed consistent with the field office technical guide of the local soil and water conservation district. 6. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. M. Special provisions for publiclsemipublic, agricultural, forestry and extractive uses. 1. Any surface -water -oriented uses and public or semipublic uses when permitted by Code which have need for access to and use of public waters may be located on parcels or lots with public waters frontage. Uses with water -oriented needs located on parcels or lots with public waters frontage shall comply with the following standards: (a) Topographic and vegetative screening of parking areas and structures shall be constructed and maintained; (b) No advertising signs or supporting facilities for signs shall be placed in or upon public waters. The city may install and maintain signs conveying information or safety messages; (c) No outside lighting shall be located within the shore impact zone or over public waters unless it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights; and (d) Commercial uses such as boat rides, on -board vendors or similar uses shall be prohibited. (e) Any uses that require short-term watercraft mooring for patrons shall be centralized and constructed in a manner to avoid obstructions to navigation and the least size reasonably necessary to meet the need; except uses without water - oriented needs unless such uses are set back double the normal ordinary high water level setback or substantially screened from view from the water by vegetation or topography. 2. Agriculture use standards. (a) In all lake and river shoreland areas, general cultivation farming, grazing, nurseries, horticulture, truck fanning, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or managed under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts of the United States Soil Conservation Service (as provided by a qualified individual or agency). The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. (b) Animal feedlot and grazing operation shall be prohibited. Forest management standards. The harvesting of timber and associated reforestation shall be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment - Forestry and the provisions of Water Quality in Forest Management Best Management Practices in Minnesota. 4. Extractive use standards. (a) Site development and restoration plan. No extractive uses shall be conducted without first obtaining approval by the city. An extractive use site development and restoration plan shall be approved and followed over the course of operation of the site. The plan shall address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations and identify actions to be taken to mitigate adverse environmental impact, 34 and erosion, and to rehabilitate the site after extractive activities end. (b) Setbacks for processing machinery. Processing machinery shall be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs. 5. Mining of metallic minerals and peat standards. Mining of metallic minerals and peat may be a permitted use in accordance with the provisions of Minn. Stat. §§ 93.44--93.51. N. Conditional uses. The provisions of this chapter regarding conditional use permits shall apply to all conditional uses with shoreland area, in addition to the following: Site evaluation required. Prior to the issuance of any permit hereunder, an evaluation of the water body and the topographic, vegetation, and soil conditions on the site shall be made to ensure: (a) The prevention of soil erosion or other possible pollution of public waters, both during and after construction; (b) The least visibility of structures and other facilities as viewed from public waters; (c) The site is adequate for water supply and on-site sewage treatment and public utilities are utilized when available; and (d) The types, uses, and number of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. 2. Conditions of conditional use permits. The city council, upon consideration of the findings of the evaluation conducted pursuant to item 1, above, and the intent and purposes of this section, may issue a conditional use permit hereunder subject to, but not limited to, the following conditions: (a) Increased setbacks from the ordinary high water level; 35 (b) Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and (c) Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. O. Water supply and sewage treatment. Water supply. Any public or private supply of water for residential purposes shall meet or exceed the state department of health, county and the state pollution control agency standards for water quality. 2. Sewage treatment. (a) All private sewage treatment systems shall meet or exceed the state pollution control agency' s standards for individual sewage treatment systems contained in the document titled, "Individual Sewage Treatment Systems Standards, Chapter 7080," a copy of which is hereby adopted by the city by reference and incorporated as a part of the City Code. (b) All sewage shall be connected to public systems when available. (c) All on-site sewage treatment systems shall comply with the setback requirements provided in subdivision 11 of this section. (d) An evaluation to determine all proposed sites suitable for individual sewage treatment systems shall be made upon consideration of the following: (1) Depth to the highest known or calculated ground water table or bedrock; (2) Soil conditions, properties, and permeability; (3) Slope; and (4) The existence of lowlands, local surface depressions, and rock outcrops. 36 (5) It shall be the responsibility of the applicant to provide sufficient information, through either public documents or field investigations, in order for the foregoing considerations to be addressed. (e) Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with the following requirements: (1) A sewage treatment system not meeting the requirements of this subdivision must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on or use of the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. (2) The city will require upgrading or replacement of any nonconforming system identified by this program within five years. Any sewer system installed according to applicable local shoreland management standards adopted under Minn. Stat. §§ 103F.201, 103F.205, 103F.211, 103F.215 and 103F.221 and amendments thereto, in effect at the time of installation, may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods or systems with less soil treatment area separation above groundwater than required by the state pollution control agency's chapter 7080 for design of on-site sewage treatment systems shall be considered nonconforming. (f) All on-site sewage treatment systems shall comply with regulations in the City Code. R Subdivision provisions. Land suitability. No preliminary plat shall be approved unless each lot, created through subdivision, including planned unit 37 developments, is suitable in its natural state for the proposed use with minimal alteration. In determining whether a lot is suitable by the city, the city shall consider the following: (a) Susceptibility to flooding; (b) Existence of wetlands; (c) Soil and rock formations with severe limitations for development; (d) Severe erosion potential; (e) Steep topography; (f) Inadequate water supply or sewage treatment capabilities; (g) Nearshore aquatic conditions unsuitable for water-based recreation; (h) Important fish and wildlife habitat; (i) Presence of significant historic sites; and (j) Any other feature of the natural land likely to be harmful to the health, or welfare of the city. 2. Consistency with other controls. Subdivisions must conform to all City Code regulations. A preliminary plat shall not be approved when a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose, when areas are not served by publicly owned sewer and water systems, a domestic water supply is not available or a sewage treatment system consistent with City Code is not provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements, contiguous lawn area requirements that are free of limiting factors sufficient for the construction of two standard soil treatment systems where private sewage systems are permitted. Preliminary plat lots that would require use of holding tanks shall not be approved. Subd. 10. Planned development (cluster developments). lo y A. Types of planned developments permitted. No planned developments (PDs) shall be permitted, except for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land in exclusively planned development and zoning districts as classified in subdivision 7 of this section and on the official zoning map of the city. C. Application for planned development. 1. Planned development uses shall comply with the regulations applicable in the planned development zoning district as provided in this chapter. 2. Any application fora planned development use in a shoreland zone shall provide the following information in addition to the information required under Minnesota Statutes and section 11.40 of this chapter: (a) Surface water features; (b) Existing and proposed vegetative detail; (c) Deed restrictions, covenants, or owners' association bylaws; (d) Details of water -oriented uses; (e) Long-term plans for preservation and maintenance of open space; (f) Two -foot integral contours; (g) Other information deemed necessary by the city council. D. Public utilities. Public utilities, including municipal sanitary sewer and water, shall be utilized for all planned development and planned development uses (PD) in the city. 39 //0 E. Site evaluation. Prior to the issuance of any permit under this subdivision, an evaluation of the site's suitable area, density, maintenance and design, open area, erosion, stormwater management plan, facilities, centralization, design plan and conversion shall be made in accordance with the following standards and procedures: Site suitable area. A site's suitable area shall be evaluated using the following procedures and standards: (a) Shoreland tier dimensions. The project parcel shall be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward: Type of Lake Sewered (feet) General development lakes, first tier (riparian) 200 General development lakes, second and additional tiers 200 Recreational development lakes 267 Natural environment lakes 320 (b) Suitable area calculation. The suitable area within each tier is calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites. F. Residential and commercial planned development use. The procedures for determining the base density of a Planned Development and density increase multipliers are as follows: Me] /ll Residential Planned Development base density evaluation. The suitable area within each tier is divided by the minimum single residential lot size standard for lakes to determine the maximum permitted density. Proposed locations and number of dwelling units or sites for residential planned developments are then compared with the tier, density, and suitability analyses herein and the design criteria in subparagraph H, below. 2. Commercial Planned Development base density evaluation. (a) Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes shall not include decks, patios, stoops, steps, garages, or porches and basements, unless they are habitable space. (b) Select the appropriate floor area ratio from the following table: 41 Itl . W?'- COMMERCIAL PLANNED U -NIT DEVELOPMENT FLOOR AREA RATIOS PUBLIC WATERS CLASSES Average Unit Floor Area (sq. ft.) General Recreational Development Development Lakes Lakes Natural Environmental Lakes 200 0.056 0.028 0.014 300 0.065 0.032 0.016 400 0.056 0.028 0.014 500 0.065 0.032 0.016 600 0.072 0.038 0.019 700 0.082 0.042 0.021 800 0.091 0.046 0.023 900 0.099 0.050 0.025 1,000 0.108 0.054 0.027 1,100 0.116 0.058 0.029 1,200 0.125 0.064 0.032 1,300 0.133 0.068 0.034 1,400 0.142 0.072 0.036 1,500 and above 0.150 0.075 0.038 W //.3 (c) Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites. (d) Divide the total floor area by tier, computed in item 2 above, by the average inside living area size determined in item 1 above, to determine a base number of dwelling units and sites for each tier. (e) Allowable densities may be transferred from any tier to any other tier further from the water body, but shall not be transferred to any other tier closer. Proposed locations and number of dwelling units or sites for the commercial planned development are then compared with the tier, density and suitability analyses herein and the design criteria as provided in this division. G. Density increase multipliers. Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in this section are met or exceeded and the design criteria in subparagraph H below are satisfied. The allowable density increases in item 2, below, will only be allowed if structure setbacks from the ordinary high water level are increased to at least 50 percent greater than the minimum setback, or the impact on the water body is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the city and the setback is at least 25 percent greater than the minimum setback. 2. Allowable dwelling unit or dwelling site density increases for residential or commercial planned unit developments: 43 �r y Density Evaluation Tiers Maximum Density Increase Within Each Tier (Percent) First 50 Second 100 I Third 200 I Fourth 200 Fifth " 200 H. Maintenance and design criteria. Before final approval of a planned development, adequate provisions shall be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. 2. Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means shall be provided to ensure long-term preservation and maintenance of open space. The instruments shall include all of the following protection: (a) Commercial uses prohibited (for residential PDs). (b) Vegetation and topographic alterations shall be prohibited except by routine maintenance. (c) Construction of additional buildings or storage of vehicles and other materials shall be prohibited. (d) Uncontrolled beaching of watercraft shall be prohibited. C[! llf Development organization and functioning. Unless an equally effective alternative community framework is established, when applicable, all residential planned developments shall use an owners' association with the following features: (a) Membership shall be mandatory for each dwelling unit or site purchases and any successive purchasers; (b) Each member shall pay a pro rata share of the association's expenses, and unpaid assessments shall become liens on units or sites; (c) Assessments shall be adjustable to accommodate changing conditions; and (d) The association shall be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. Open space standards. Planned developments shall contain open space meeting all of the following standards: 1. At least 50 percent of the total project area shall be preserved as open space; 2. Dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures, except water -oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space; 3. Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries; 4. Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public; 5. Open space shall not include commercial facilities or uses, but may contain water -oriented accessory structures or facilities; 6. The appearance of open space areas, including topography, vegetation, and allowable uses, shall be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means; and 7. The shore impact zone, based on normal structure setbacks, shall be included as open space. For residential PDs, at least 50 percent of the shore impact zone area of existing developments or at least 70 percent of the shore impact zone area of new developments shall be preserved in its natural state. For commercial planned developments, at least 50 percent of the shore impact zone must be preserved in its natural state. J. Erosion control and stormwater management. Erosion control and stormwater management plans shall be developed and the PD shall: 1. Be designed and the construction managed to minimize the likelihood of serious erosion occurring either during or after construction. This shall be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques shall be used to minimize erosion impacts on surface water features. Erosion control plans approved by the soil and water conservation district may be required if project size and site physical characteristics warrant; and 2. Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. Impervious surface coverage within any tier shall not exceed 25 percent of the tier area, except that for commercial PDs increased impervious surface coverage may be allowed in the first tier of general development lakes with an approved eseaditional and stormwater management plan and consistency with this section. K. Centralization and design of facilities. Centralization and design of facilities and structures shall be done in accordance with the following standards: 1. Planned developments shall be connected to publicly owned (municipal) water supply and sewer systems if available; l/% 2. Dwelling units or sites shall be clustered into one or more groups and located on suitable areas of the development. They shall be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level shall be increased in accordance with this subparagraph for developments with density increases; 3. Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps, shall be centralized and located in suitable areas. Evaluation of suitability shall include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft shall not exceed one for each allowable dwelling unit or site in the first tier. Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers; 4. Structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the city, assuming summer, leaf -on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided; 5. Accessory structures and facilities, except water -oriented accessory structures, shall meet the required principal structure setback and shall be centralized; and 6. Water -oriented accessory structures and facilities may be allowed if they meet or exceed design standards provided in this subdivision and are centralized. L. Conversions. The city shall not permit existing land uses and facilities to be converted to residential planned developments. M. Existing unit conditions. Existing dwelling unit or dwelling site densities that exceed standards in this subdivision may be allowed to continue but shall not be allowed to be increased. 47 Subd. 11. Nonconformities. Nonconformities, as of the effective date of this section, may continue, but shall be administered according to applicable state statutes and other regulations of the city for future alterations and additions, repair or replacement after damage, discontinuance of use, and intensification of use, except that the following standards shall also apply in shoreland areas: A. Construction on nonconforming lots of record. 1. Lots of record in the office of the county recorder on the effective date of local shoreland controls that do not meet the requirements of subdivision 8 of this section may be allowed as building sites without variances from dimensional requirements, provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became nonconforming, the lot was in compliance with official shoreland controls in effect at the time it was created, and the lot meets all sewage treatment and setback requirements of this section are met. 2. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the board of adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. 3. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the shoreland dimensional requirements of this section, then the lot shall not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the shoreland dimensional requirements of this section as reasonably possible. B. Additions/expansions to nonconforming structures. 1. Any additions, enlargements or expansion to the outside dimensions of an existing nonconforming structure shall meet the setback, height, and other dimensional requirements of this section. Any deviation from these requirements shall be authorized by a variance as provided in this section. 48 2. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following requirements are met: (a) The structure existed on the date the structure setbacks were established; (b) A thorough evaluation of the property and structure reveals no reasonable location for a deck which would meet or exceed the existing ordinary high water level setback of the structure; (c) The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and (d) The deck is constructed primarily of wood, and is not roofed or screened. C. Nonconforming sewage treatment systems shall conform to the sewage treatment system regulations as provided in this section. D. Public utility connections. Any new commercial or residential development permitted in any shoreland district where available shall be connected to the public utilities. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: E. J. VanOverbeke Its: Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By: Thomas A. Egan Its: Mayor Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: 50 /�l Minnesota Department of Public Safety Liquor Control velli not i qp3) LIQUOR CONTROL DIVISION release any license until the $eo 190 5th St. E., St. Paul, MN 55101 Retailers identification Card fee (612) 296-6434 TDD (612) 297.2100 is received by 10N Liquor Control. APPLICATION FOR COUNTY OR CITY ON -S L GINE LICENSE NOT TO EXCEED 14% OF ALCOHOL BY EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a partnership, a partner shall execute this application. LICENSEE'S SALES b USE TAX lD NUMBER 157-1720 To apply for sales tax number til 298.6181 or 1.600.657-3777 Applicants Name lausiness, Panrtenhip, corporation) Trade Name or DBA D'Amico Catering, Inc. dba D'Amico & Sons Business Address Business Phone Applicant's Home Phone 3324 Promenade Avenue ( 612) 681-4600 ( ) zip City County state MN 55122 Eagan Dakota H a transfer, give name of former owner License period 12/ 31/ 97 Is this application 1/1/97 TO M New 0 Renewal ❑ Transfer From If a corporation, give name. title, address and dale of birth of each officer. I1 a partnership. owe name, address and date of birth of a&—....tnor, see attached Address pan /officer Name and Title DOB Panner/cMicer Name and Title DOB Partner/Officer Norms and Title Address, Partner/Officer Name and Title Address DOB CORPORATIONS Date of incorporation state of incorporation certificate number is corporation authorized to do business in Minnesota? 2/24/92 MN 71-282 "Yes ❑ No H a subsidiary of another corporation, give name and address of parer" corporation BUILDING_ AND RESTAURANT, Name of building owner owner's address Opus Northwest P.0 Box 150 Mpls, MN 55440 Are Property Texas delinquenl? Has the building owner any connection, direct or indirect. Restaurant seating Capacity ❑ Yes [PNID with the applicant? ❑ Yes IND 40 Hours food will be available No. of people restaurant employs No. of months pet year restaurant Will fog..-_...�e be the principle bul 11:00 am -11:00 pm 25 vv"llbeopen 12 BYes ❑ No Describe the promises to be licensed restaurant serving pizza, pasta, salads,sandwiches, pastries, coffee H the restaurant is in conjunction with another business (resort eta! describe business No nTkF_Ft INFORMATION 1. Have the applicant or associates been granted an on -sale non -intoxicating malt beverage (3.2) and/or a "set- up" license in conjunction with this wine license? ❑ Yes ❑ No 2. Is the applicant or any of the associates in this application a member of the county. board or the city council which will issue this license? ❑ Yes No If yes, in what capacity? . (If the applicant is the spouse of a member of the governing body, or another family relationship exists, the member shall not vote on this application.) 3. During the past license year has a summons been issued under the liquor civil liability (Dram Shop) (M.S. 340AS02). ❑ Yes Ea No If yes, attach a copy of the summons. CITY OF EAGAN 3$30 PILOT KNOB ROAD EAGAN, MINNESOTA SS122 SUNDAY WINE SALE LICENSE New Renewed_ License No. I, Paul Smith , as (Name of person making application) behalf of Officer , for and in (Individual owner, officer or partner) D'Amico Catering, Inc. (Myself, names of partners, name of corporation or association) hereby submit this application for a special Sunday Wine Sale License to run coextensive with the license year of our on -sale wine license no. for the period from 1/1/97 through 12/31/97 In support of this application the information contained in our on -sale wine license application is hereby adopted. C, o (Signature of Pers making applicatio..; FOR D"Amico Catering, INc. (Myself, names of partners, name of corporation or association) DATE CITY OF EAGAN NEW 3830, SON SALE FEB PILOT KNOB ROAD RENEWAL _"OFF SALE FEE EAGAN, MINNESOTA 55122 TEMPORARY TEMPORARY FEE $25.00 APPLICATION FOR NON -INTOXICATING MALT UQUOR LICENSE PLEASE PRINT APPUCANT. D' Ami c n Catpring, Inc - (Last) (First) (Middle) Address 211 Nnrth Firct Ctrpat M 1 s , ($-tee) 5.5401 (City) (Stale) (Zip) Phone Birthdate TRADE NAME (dba) 0' Ami (j- & Son Address 3324 Promenade Avenue Eagan, MN (Street) 55122 (C4) (State) (7Jp) Phone C,A1-4600 OWNERJ"E (Last) (First) (Middle) (Street) (City) (State) (zip) Phone Birfhdale MANAGER'S NAME,_ IvOW1e Cn dr1 Last) (Fir.#) (Middle) Address 578 Washburn Avenue south Mpls, (SNt) 55410 (City) Phone 929-7068 eiat,dat (stater J 101' 67 (zip) HEREBY APPLIES FOR NON -INTOXICATING LIQUOR LICENSE for the year 1997 fromto (month) I (date) — 1?�' (month) (date) Event: Location: - (for temporary license) (Address) STRONG BEER: _y y Yes No Applicants who have an on -sale wine license, and have 50% gross earnings from food, may sell strong beer without an additional license. Applicants who elect to sell strong beer must cant' liquor liability insurance. Are you the actual proprietor? Yes ()I No ( ) Are you the owner of the property of the business location? Yes () No ) Has any other license of this kind been granted to you? Yes a) No (} Where 12 T Pra J ri e. 1 Gol den Vi (CRY) (Year) 1 Wayzata Are any taxes, assessments or utility bills for the permises unpaid or deliquent? Yes ( ) No ( ). if yes, give reason. During the past year, has a summons been Issued under the Liquor Civil Liability Law MS 304.A802? Yes () No (4. If yes, attach summary copy. Have you ever been convicted? Yes ( ) No ()4xCity (Other than a traffic offense) is this a Writ ownership or silent partnership? Yes ( ) No ( ). If yes, please attach a listlng of complete names, dates of birth, addresses and telephone numbers to everyone involved. Pd 1 HEREBY VERIFY THAT THERE HAS BEEN NO CHANGE IN OWNERSHIP OR MANAGERS IN THE PAST YEAR. THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANTING OF THIS 3.2 BEER LICENSE. 1(we) HEREBY AGREE TO OPERATE SUCH ORDINANCES OF THE CITY OF EAGA MY KNOWLEDGE AND BELIEF, AUTHORIZED SIGNATURE A (First) POLICE APPROVAL; YES 0- NO () SIGNE S IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE 0190 STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF C,5 O Middle) (Last) V -l1 CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 (612) 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 f into ration and -taws. Applicants Name (Business, Pam`, Corporation) Trade Name or DBA N u F– Ad -Td r ,arse 4✓ - Business Address Business Phone Applicants Home Phone City County state Zip Code I � Gf ctrr� Name of Restaasa4rt Manager Manager DOB License period From: To: or'1-ate �,-eria,s` _ _ If a corporation,give nams,title,sddress,p numbers and date of birth of each officer. If a partnership,give name, address,phone number and dateof billh of eachpartner. Partner/Officer Full Name and Title 'T/non�czs % d� 3 —23s=7593 1�cs{ -c B crm�rso v 32y-Z3s =7Zo7 38'0- y - c Address /f Business Phone / Home Phone DOB 31 � � S� mo.'sc�.y �`Jye vv -Q r<�T i�av , xx Sli Partner/Officer Full Name and Title Address rr,n2e q #_ g IFrp j ciry Business Phone Home Phone DOB biz– 3 E r-/� • ? 'r u . �c7-3s9-Z9yf s�� 3sgZyo PartneNg err Full and TRIe�/7 /Name / /] 1 i AV' 1H S�c73 1 Address = Business Phone Home Phone DOB LICENSE TYPE: ON -SALE RESTAURANT Amount floor area Number seating Hours food available Number employees —L"ON-SALE HOTEL Amount floor area/ dining room(s) SO Seating/dining room(s) fat:t/v.x Hours food available foo Number of guestrooms ON -SALE CLUB Amount floor area/ dining room(s) SeatinBldnin8 room . Hours food available FOR CLUB LICENSE ONLY: Date of Incorporation: Purpose of Club: Number of members: yrs fvar0 of Dir ectors.Msnaeer _ Full Name Address DOB Full Name Address DOB Full Name Address DOB During the past year has a summons been issued under the Liquor Civil Liability Law MS 304A.802? Yes ✓ 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 liq r law? Yes V No If yes, give dates and details. Are any taxes,assessments or utility bills for the premises unpaid or deliquent? Yes /No If yes, give reasons. � Have you ever had a license suspended or revoked? Yes _.__t _ No If yes, give dates and reasons for action. What vendor of amusement devices will have machines on the premises? ova N ii Name of vendor Address # of Machines D e s c r i b e p r o p o s e d entertainment:- ` = -- N&tje DOCUMENTATION: 11 1 6Provide two copies of Articles of Incorporation for each corporation with financial involvement. 4 Provide financial statement of net worth for all principals who have at least five percent (5°%) interest in the V business, partnership or corporation. The statement must be prepared by a CPA. Complete a general information form for each business, partnership or corporation. Complete a personal information form for each person who has a five percent (5%) interest in the wy business,partnership or corporation. V Provide a Certificate of Search from the U.S. District Court for an pending f� y YPe 9 civil or criminal action. Provide Certificate of Insurance covering liquor liabilitv. and workers' comp insurance. Q Date Applicant Subscribed and swom to before me this day of, 19 �' : IA W� 9 Notary ^F'UC.FptNNES COU Kin.. 31.2000 -seal- Q w 'ry MY POLICE DEPARTMENT REPORT Comments: % .. Q - W- q'-7 Date Department Title ' nature MADE A PART OF LICENSE APPLICATION DATED T _&,,'9 Z17 . 1E_) INTENDED USE OF FUNDS FROM OPENING INVESTMENT AND OTHER SOURCES LISTED BELOW ROUND OFF TO NEAREST HUNDRED DOLLARS OPERATING CAPITAL FOR DAILY NEEDS -SUCH AS, BUT NOT LIMITED 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...........»...»»...................................... »....».......................».............................. = SDC7r OG�O MERCHANDISE FOR RESALE (STOCK IN TRADE).»..........».».....................................»... 2. &C, o c v BUSINESS PROPERTY LAND AND BUILDINGS USED FOR THE BUSINESS (Enter wero, If routed) .........» EQUIPMENT AND OTHER FURNISHINGS .............»......................................................... A S�G'Or'.-PeU OTHER USES OF FUNDS, IF ANY (Describe each) 3cC'reco TOTALREQUIREMENTS.............................................................................................................. 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 NervPi LOANS FROM FINANCIAL INSTITUTIONS -BANKS AND OTHER SUCH LENDERS............ oCr000 LOANS FROM RELATIVES ........................................... -- 1 r LOANS FROM OTHER INDIVIDUALS ........ .............................. „............................................. "� THESE TOTALS MUST EQUAL OTHER OUTSIDE SOURCES, OF ANY (Describe each) EACH OTHER . .............................»........».........»......».............................................. 4/CAI P OPENING INVESTMENT BY OWNERS (Answer gti ,am One of the throe Ones Immediately below) OWNERSHIP BY ONLY ONE I"AMAL (SOLE PROPRIETORSHIP) Opening Investment by that one person ..................... ......._.».....»......».......... OWNERSHIP BY TWO OR MORE INDIVIDUALS (PARTNERSHIP) Opening investment by 0 of the Partners....................................»....».............. OVft*MHIP BY A CORPORATION Opening Investment paid to the corporation by the stockholders for ft capital stock Issued to them end for added oapft al ow0 buted, If any ......... ..... ........................................... TOTAL OPENING INVESTMENT AND OTHER SOURCES...................».............................................