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12/04/1996 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING DECEMBER 4, 1996 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS (BLUE) A. CONTINGENCY PLAN - Winter Program Sites V. CONSENT AGENDA (PINK) �APERSONNEL ITEMS B.. FINAL SUBDIVISION, City Wide Development - Eagan Oaks 2nd Addition C. JOINT POWERS AGREEMENT for the South Metro Drug Task Force HAULER LICENSE for construction/demolition debris - Waste Management - �' Savage and Walter's Rubbish, Inc. .i2 E. APPROVE new ownership - off -sale liquor license - MGM Spirits Express, Inc. (� F. CONFIRMATION of Findings of Fact, Conclusion & Resolution of Denial, Pulte Homes (Rolling Oaks) .23 G. AUTHORIZATION to proceed with investigation of wetland banking opportunity 1� H. PROJECT 712, Receive petition/authorize feasibility report (Surrey Heights - I GG,, Streetlights) II. PROJECT 668, Authorize feasibility report (Lone Oak Rd. - Lexington to TH 149) J. PROJECT 713, Authorize feasibility report (Denmark Ave., Timbershore & Pilot Knob Hts. - Street Overlay) PK. PROJECT 663, Authorize feasibility report (Valley View Plateau - Street & .Z Utility Reconstruction) P3 OL. PROJECT 714, Authorize feasibility report (Donald Ave. - Street Overlay) 7?0 M. PROJECT 715, Authorize feasibility report (Heine Strasse Street • Resurfacing) N. PROJECT 716, Authorize feasibility report (Kutoff Court - Street Reconstruction) CONTRACT 97-02, Authorize plans, specs & advertisement for bids (Coachman P- Water Treatment Facility - Repairs) VV �( P. CONTRACT 97-03, Approve plans & specs/authorize ad for bids (Cliff Rd. Reservoir - Disposal) ?� Z Q. CONTRACT 97-01, Approve resolution requesting MnDOT funding (Emergency Vehicle Signal Pre-emption) P' . 3SjR. CONTRACT 96-13, Approve Change Order #1 (Slaters Rd. — Sidewalk) � �S. CONTRACT 96-15, Approve Change Order #2 (Meadowview Rd.) T. CONTRACT 96-02, Approve Change Order #3 (Well No. 18 - Site Improvements) +3� U. PROJECT 695, Xankee Doodle Road - Right -of -Way Stipulation Agreement VI. r 7:00 - PUBLIC HEARINGS (SALMON) F`-t3 A. PROPOSED BUDGET and Property Tax Levy for 1997 r Ll/ B. CEDARVALE Special Service District Proposed 1997 Budget VII. OLD BUSINESS (ORCHID) P.4I A. PRECISION TUNE - Clarification of architectural design VIII. NEW BUSINESS (TAN) A. CONDITIONAL USE PERMITS - Johnson's Richfield Blacktop, to allow outside i� storage of rental vehicles and amendments to the conditions of the conditional use permits issued in 1994 and 1995. These requests pertain to VV property legally described as Lot 5, Block 3, Letendre Second Addition located at 3206 Sibley Memorial Highway in the SW 1/4 of Section 9 �1 B. INTERIM USE PERMIT - North Star Transport, Inc., to allow outdoor storage of semi -trailers as a principal use on property located south of Borchert Lane, between Mike Collins Drive and the Chicago, Milwaukee, St. Paul and Pacific Railroad in the SW 1/4 of Section 12 C,t(7 C. CONDITIONAL USE PERMIT - Wal-Mart Stores, Inc., to allow for outdoor storage on Lot 1, Block 1, Town Centre 70 Eleventh Addition located at 1360 Town Centre Drive, north of Duckwood Drive and west of Denmark Avenue in the NW 1/4 of Section 15 ?r3ID. 1997 CITY OF EAGAN Fee Schedule �p/ �/E. ORDINANCE AMENDMENT - On -sale liquor license designations P'2� 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. Eagan City Council December 4, 1996 Meeting Department Head Business FOR COUNCIL ACTION To support the Advisory Commission's recommendation for contingency closure plan for winter warming shelters if there is a shortage of staff. ► 11 skating and 2 tubing/sliding warming shelters require seasonal staff. ► Minimum of 35 staff are needed for the 1996/97 season. Five -seven are substitutes who step in when illness or school related conflicts occur for staff regularly scheduled. ► Beginning salary is $ 5.92/hour progressing in five years to $7.1 8/hour for returning staff. ► Competition for workers continues to increase with wages at some fast food establishments starting as high as $7.50/hour. ► The winter skating/sliding program is currently 15 staff short with winter activities scheduled to begin December 20. ► Staff prepared a contingency plan which was reviewed and supported by the Advisory Parks, Recreation and Natural Resources Commission. The plan provides a systematic method for closing and/or limiting hours at various sites based on the 1995/96 attendance. Memo outlining background and specific details of the contingency plan. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 27,1996 SUBJECT: AGENDA INFORMATION FOR DECEMBER 4 1996 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the December 4, 1996 City Council agenda, the regular meeting minutes for the November 19, 1996 City Council meeting and the minutes for the November 19, 1996 and the November 25, 1996 Special City Council meetings, the following items are in order for consideration. MEMO city of eagan DATE: November 27, 1996 TO: Honorable Mayor and City Council Tom Hedges, City Administrator FROM: Ken Vraa, Director of Parks and Recreation Dorothy Peterson, Superintendent of Recreation Jon Oyanagi, Recreation Supervisor SUBJECT: Seasonal Staff, Winter Skating and Tubing Program The purpose of this memorandum is to inform the Mayor and City Council of the status of recruitment of winter seasonal staff and contingency plans reviewed by the Advisory Parks, Recreation and Natural Resources Commission. Facts • In order to conduct a fully operational skating and sliding program, eleven (11) skating and two (2) tubing/sliding warming shelters require assignment of seasonal staff. Weekend daytime use of Blackhawk Park was included in the FY '96 and '97 budgets. • A minimum of 35 staff are needed. • Due to the seven day per week operation of most winter facilities, 5-7 of the above mentioned staff are substitutes. They step in when illness or school related conflicts occur for staff regularly scheduled at a site. • The salary schedule authorizes a beginning salary of $5.92 per hour. Returning staff progress in 5 years to $7.18. • Competition for high school and college age workers comes from small businesses in the community. Fast food establishments' help wanted signs are up continually. Taco Bell, for instance, recently advertised a $7.50 starting salary. • As of this date, the winter skating/sliding program is short 15 staff. • The winter activities are scheduled to begin, weather permitting, on December 20, 1996. Contingency plans reviewed by the Advisory Parks, Recreation and Natural Resources Commission in the event the winter program is not fully staffed by December 18 when in depth training of staff is scheduled to begin: Eliminate or delay opening of Class C non -programmed, low attendance sites. These are Lexington, Pilot Knob and Woodhaven. In a better case scenario, reduce hours at these three Class C sites to noon to 5:00 p.m. on weekends. This enables seasonal staff to work other sites during the week and weekend evenings. If Class C sites are eliminated or delayed and seasonal staff numbers are still short Class B, non -programmed sites; Carnelian and Ridgecliff, would next face reduced hours. (over) The question has been asked; why not use volunteers? • To ensure quality representation of the City and the Department of Parks and Recreation, a volunteer would be required to attend the rigorous training sessions and to submit to a criminal background check. In the best interest of the City, the Child Protection requirement of a background check is imperative in this volunteer scenario. • A volunteer would be needed to work a regular schedule as do seasonal employees. Why then would anyone volunteer? • The City's liability insurance would cover a volunteer within the scope of their duties for the City. If the volunteer were to be negligent or do anything illegal or immoral the insurance would not cover. • A volunteer would not be covered by the City's workman's compensation plan. Alternatives Despite having adjusted the seasonal salary schedule last year in order to be more competitive, part-time and seasonal wages offered by others have continued to increase. Finding seasonal employees is difficult. One alternative is to again adjust starting wages to be more competitive. Each 25 cents per hour would cost approximately $1,225 annually. The Advisory Parks, Recreation and Natural Resources Commission's recommendation is: Utilize the priority system for staffing sites should a staff shortage occur. Adjust hours of operation for the warming shelters for the 1996-97 winter recreation season. Add Blackhawk Park as a staffed winter recreation site on weekends and school vacation days only. cs10/11-27mem.dp MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota ....November 19, 1996 A regular meeting of the Eagan C!ty. Cp4pcil.was held on Tuesday, November 19, 1996 at 6:30 p.m. at the Eagan Municipal Center. PSeTt% 'r Ik r :fihayQr;. gan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were Ciij+ Aiirrifmstrelor -' tirrr:Wetlges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Rttdmey Jim Sheldon. Boy Scout Troop 446 rang the bell in the Council Chambers and led the Pledge of Allegiance. Councilmember Awada moved, r,&jncilmember Wachter seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 Councilmember Hunter moved, ;i}i73islVac?ii seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 City Administrator Hedges noted that there were some staff comments that will be incorporated into the minutes. Councilmember Wachter stated.:tkleats'iioi:#resent at the November 7 meeting and he had some comments he wanted to make al 4some itemsj - cussed at that meeting. He said he would like the Council to be careful in the number o#-iii�toY .tisenses that are issued. He also said that in regard to the Enterprise Fund, he is in favor of summer iee #I;:::;t:tnentioned that the reservoir in the southeast corner of the City should not be discussed until it is deteiiirkr -- what will be done in that location in regard to Inver Grove Heights. He stated he would have some questions later on regarding the availability of GIS. He also questioned if the City had received confirmation on Cliff Road reconstruction in regard to the Eagan portion of the Dakota County CIP. Director of Public Works Colbert stated it is scheduled for reconstruction in 1998. Councilmember Hunter moved, as amended. Aye: 5 Nay: 0 PRESENTATION EAGAN CI a motion to approve the minutes I AND BUDGET BUREAU City Administrator Hedges gave an overview on this item. He commended Ann Carlon for her work and the success of the Convention and Visitors Bureau. Ann Carlon, Executive Director of the,.:ftaFj.04yv�ention and Visitors Bureau, presented the 1997 Marketing Plan and Budget for the CVB .¢; teitj7'iC$, She stated the previous goals of the CVB included making Eagan known and stisi.,1.1 irther stated'-faat next year their goal will be to increase awareness of corporate local usage of Lagsn hospitality. S&:i:added that they are looking at putting some packages together with Northwest, MysAi, .Lake, the Mall of Aftrica and the Minnesota Zoo. She said their EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 PAGE 2 offices are going. to be relocated to the Yiji�kee Doodle Shoppes later this week. Mayor Egan noted that corporate #nveWs; of ntfof 70% of the occupancy rate. He asked how that percentage would impact the study #b;;ioildixG?;tX _:City and the CVB regarding the feasibility of a full-service convention center. Ma., ;Carlon said that needs to be determined. She mentioned the competition Eagan faces with Bloomino6k. She further said that they want to keep the current hotels viable and the rooms filled. She stated:46t another hotel will be coming to the City in February and the study needs to be conducted to determine the impacts on the current hotels. She added that they may look at the possibility of a convention center in the City. She noted that Royal Cliff seats 500 people for conferences, but there are no hotel rooms located on the site. Councilmember Wachter commended the CVB on the growth they have had the, past year. Councilmembers concurred. Councilmember Hunter asked if a Web page had been put togi .0. r and :i . had been done in conjunction with the school. Ms. Carlon stated they have been on the Iri net for kht past year and a half and they were linked with the school Web page earlier this past year;:::.Councilro!bber Hunter added that he hopes the City, CVB and school will coordinate efforts when the 60 links t6:& Internet. Councilmember Awada moved,:£6'ri&il pet:*:A1ifitk'r:seconded a motion to approve the Eagan Convention & Visitors Bureau's 1997 marketing plan and budget. Aye: 5 Nay: 0 Councilmember Wachter asked if the Eagan patrol officers have laptop computers. City Administrator Hedges noted that they use an MDT unit, which allows them to access information from the Bureau of Criminal Apprehension. Councilmember Masin notes# that a letter of appreciation had been sent to all the staff involved in the voting effort. Shestated::t# #i�-':community did a tremendous job and staff is to be commended. She mentioned that thea +i ii;<:vgliKg booths available in the Community Room at City Hall a number of weeks prior to the: borr:* City Administrator Hedges noted::::#W::: Dlraetor of Parks and Recreation Ken Vraa and Superintendent of Recreation Dorothy Petersori''Vcfrli::t:;snized on December 6 by the Minnesota Recreation and Park Association as recipients of two higfi r*cN" king awards. He said Mr. Vraa will receive the Clifton E. French Distinguished Service award which recognizes long and outstanding service to the field of MRPA and Ms. Peterson will receive the Dorothea Nelson award which recognizes professional experience and outstanding service in recreation, park and leisure service. Mayor Egan asked Hedges to commend both of them for their individual awards. In regard to Item K, Final PlanDevelQi 6:rmt - Esgan Promena a Phase II. Councilmember Wachter asked if the contractor had subfr3itted stat ?4rm IC -134. City Administrator Hedges indicated the form had been submitted. In regard to Item B, ited:ot rtv. Councilmember Hunter noted that of the tax forfeited property listed there are 20 acres in the Town Centre Shopping Center that were originally proposed for office use. He stated the Council's action tonight is to declare those acres as not having a public purpose and to declare them as non -conservation land. He asked what declaring them as non - conservation land means. City Administrator, Hed;n clarified that the term conservation, in this sense, means conserved for public purposes and,4W:'iat g.:t.i :? !? . non -conservation means not conserving it for public purposes. He added that the Dak6i f.-66ntyHMl .': ;*M made claim to two of the parcels listed for the possibility of senior housing. CouFloili lember Awada ,O#ed if the Parks Department had looked at either of the sites for a central park. CAuncilmember Hunter.;stated the problem with this site is that an amphitheater could not be located there{*e to the close prc�Qi;fnity of the residential area to the south nor EAGAN CITY COUNCIL MEETING MINUTES, NOVEMBER 19, 1996 PAGE 3 could the fireworks be conducted there #or•:the same reason. He added that the site is long and narrow. Discussion occurred regarding the potegijat of parcels 6 and 7 being considered for a central park. City Administrator Hedges stated that, if the*:Ri A is successful in acquiring parcels 6 and 7, and if the City Council felt this land was better suited foF: Sic:fa i:�rtst� #:,o#-nnior housing, the Council would have input into that determination. He noted that tl.Ci#iCil'sit.bikc:�i2'arate from the HRA's action. He said the HRA has already made a claim to those: two parcels. In regard to Item 1, Recommenchki6n, Airoort Relations Commission, Metropolitan Council Aviation Development Guide Amendment. and Item J, Recommendation, Airport Relations Commission. Me►l n op litan Airports Commission 1997-2003 Capital Improvement Program, Mayor Egan thanked Mike Schlax for being present in the audience and noted all that has occurred this past year in regard to airport relations issues. He commended Mr. Schlax and the entire:Advisory Airport Relations Commission for their hard work and recommendations. He also thanked Atant to Q.Administrator Jon Hohenstein for his involvement in the process. A. Personnel Items Item 1. For information only; no actions: a bJvod- "' '6::U6d6 aduate Intern for the Parks & Recreation Department is Benjamin Duvick. B. Classification of tax forfeited property. It was recommended to declare parcel 10-22451-042-01 as having public purpose and to request acquisition of that parcel and to declare the following parcels as non - conservation land: 10 -33050 -071 -01,10 -33050-083-01,10-65883-021-00,10-65903-031-00,10-77055-010- 00 and 10-77055-011-00. C. Liquor License Renewals. It was ret1?ci:itided to approve the renewals of existing liquor licenses for 1997 subject to complete applications; 'payR�ent of fees: and Police Department review as attached in Exhibit A. Hoban Korean Restaurant'sligiai3t #fi$�::WaS renewed with the condition that if any further liquor violations or Part I Crimes occur at either Do*.:f ip; d� :. Hoban Korean Restaurant, it will result in either a suspension or termination of the liquor license. D. Hauler License for construction/demolition debris - Ben's Roll -off Service Lloyd's Ci2nstructoon Services and Mendota Heights Rubbish Service. It was recommended to approve construction and demolition debris hauler licenses through the end of 1997 for Ben's Roll -Off Service, Lloyd's Construction Services and Mendota Heights Rubbish Service as presented._ E. Tobacco License for Byerlv,,5 Wines &:5' pit . "I .92:Fe6mge ode Place It was recommended to approve a tobacco license for Byerly's Wines &omits at 1W'Promenade Place as presented. F. Contract 96-01 Approve change ,''der #2 .... ale Corporate Center - Storm Seweo It was recommended to approve Change Ord ....... ... racF: Ml (Eagandale Corporate Center Addition - Storm Sewer) and authorize the Mayorarict'itjr'Cterfcit>Ciite all related documents. G. Final Subdivision. Appro Development Inc. (Tan Me Industrial Park), It was recommended to approve a Final Subdivision of 3 lots on 6.70 acres for Tan Me Industrial Park located on Lot 7, Block 1, Sibley Terminal Industrial Park west of Terminal DriveJn-#*e:.SE 1/4 of Section 8. approve final acceptance of the City fy Hall building. It was recommended to Municipal Center construction project. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 PAGE 4 Amendment. It was recommended to apfxove a recommendation by the Airport Relations Commission for comments to be submitted to the Meftipolitan Council concerning the Aviation Development Guide Amendment as presented. • • • ' J. Recommendation. Airport RelationsCoifi:;3iA,ts� n Airports Commission 1997-2003 Capital Improvement Program. It was recommended to approve a recommendation by the Airport Relations Commission for comments to be submitf i to the Metropolitan Airports Commission concerning its 1997- 2002 Capital Improvement Program as O6ented. K. Contract 96-9, Blackhawk Park Pavilion. It was recommended to approve final payment to Thor Construction and acknowledge completion of Contract 96-9 for the construction of Blackhawk Park Shelter/Pavilion building. L. Final Planned Development - Eagao::PromenadjE Phase II. It was recommended to approve a Final Planned Development to allow construcii 6 of Eagiir :Promenade Phase 2 (east end of the in-line shopping center) consisting of three storefronts off -Lot 8, slbtk 2, Eagan Promenade. M. Final Planned Development - Eagan:-*PcoM* ieii"di?'.*R1�si::01:: It was recommended to approve a Final Planned Development to allow construction of Eagan Promenade Phase III (The Shoppes at Promenade) consisting of a 25,638 s.f. retail building/restaurant on Lot 1, Block 3, Eagan Promenade. Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT WEED CUTTING, TREE REMOVAL & FALJSAf ARM•.BILLS City Administrator Hedges gave an overview on this'ft mf . Mayor Egan opened the public hearing to anyone wishing to speak. There being no one wishing to speak, he turned the discussion back to the Council. Councilmember Wachter noted that some of the individual bills are quite high. Councilmember Awada moved, Councilmember Wachter seconded a motion to close the public hearing and approve the final assessment roll:br delinquent -:weed cutting, tree removal and false alarm bills and authorize its certification to DaWtk- - bUAty.; :Aye:; ::: Jay: 0 PROJECT TO'1; FINAL' X—§SESSMENT HEARING (SO. HILLS:ADD. - STREET REHABILITATION) City Administrator Hedges gave:-ij #yefv*ii'i>:em. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing 'fo anjione wishing to speak. There being no one wishing to speak, he turned the discussion back to the Council. Councilmember Wachter moved, Councilmember Masin seconded a motion to close the public hearing and approve the final assessment rQl} t F;l @:7.01 (S. Hills Addition - Street Rehabilitation) and authorize its certification to Dakota County:::::i?: 5 :1&y;: EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 PAGE 5 PROJECT 7:06;; FINAL ASSESSMENT HEARING (WILDERNESS RUN ROAD - STREET REHABILITATION) City Administrator Hedges gave.:�w.oyef :c .tF3 :iiem. Director of Public Works Colbert gave a staff report. Mayor Egan opened the pi4if10*". * itX fle wishing to speak. There being no one wishing to speak, he turned the discussion -back to the Council. Councilmember Hunter asked why the final rates were so much less than the cosf $::in the feasibility report. Colbert stated the feasibility report estimated more subsoil correction and flintile than was needed and good bids were also received. Councilmember Hunter moved, Councilmember Masin seconded a motion to Gose the public hearing and approve the final assessment roll for Project 706 (Wilderness Run Road - Street Rehabilitation) and authorize certification to Dakota Cow)ty. Aye: 5 Nay: 0 PROJECT 6M. , FINA1 :ASSESSMENT HEARING (P*LER LANE - STREETS) City Administrator Hedges gave'!:*-�ti3 iE tf '8Aeia -qn::ft,%:Agim. He noted that a letter was distributed to the City Council from Lawrence Poppler =tfia: icifl;r2itetl: written objections were being submitted. Mayor Egan noted that no one from the Poppler family was present in the audience. Assistant City Engineer Mike Foertsch stated that Mr. Poppler requested the item be delayed until later in the meeting when another family member was present. Councilmember Hunter moved, Councilmember Masim: econded a motion to table the item to later in the meeting. Aye: 5 Nay: 0 AMENDMENT, CITY CODECHAPfiEiFt'7�;Q;:REQU.IRING THE REMOVAL OF SNOW FROM DESIGNATED SIDEWALKS Bl�'At.).JACENT PROPERTY OWNERS City Administrator Hedges gave an overview on this item. Councilmember Hunter asked for clarification regarding the ice issue. City Attorney Sheldon stated that the only place in the ordinance where ice was left in was Section B which states snow and ice are not allowed to be placed in the public right-of-way. Councilmember Hunter said that paragraph A (1) states that all snow shall be removed and there is no reference to the removal of ice.::: : Sikandar Bashir, 4332 Dorche:Court, 6ild'ressed the Council and said they live on the comer where there is a bus stop. He stated they: would h6b to clear their side street which is approximately 200 feet long and it would be quite a probti c:to cleat4hat length of sidewalk. Mayor Egan asked if it would Pe appropriate to include the sidewalk it:Ichop#:pist�icts.)ttrisdiction. Director of Public Works Colbert noted that the School District will not rA8ir'ctm*-i§id it Wks.-:h*-"nd their walking boundaries/property lines. Sue Cowpa, resident, addressed the Council and asked who will maintain the easement between 3911 and 3923 Denmark Avenue. Hedges noted that the City will maintain the sidewalk adjacent to the easement. Ms. Cowpa asked if the path to the school will be cleared also. Colbert stated the path from Denmark Avenue and Wescott Road to the school is maintained by the school. Ms. Cowpa added that the residents of 3875 have four times the front footage a$.thtl?:A r 6itighboring residents and she asked if they will have to maintain the sidewalks as well. Colb ;tO-ft'tlie-,dr In*Ace states both side yards and front yards of sidewalks have to be maintained by thecent property mer regardless of length. Mayor Egan stated this is a p$bk-.program and that;:tome problems may arise and solutions will EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 PAGE 6 have to be worked out. He added this is :a starting place and adjustments can be made later on Ron Goedken, 3420 Golfview Drive, addressed the Council and asked for clarification on what the difference is between ice and snow.Hg:sYc4:::i:::ba safer to leave the snow on the sidewalks rather than clearing it away and exposi66- erj: i ::pp55ibly creating more hazardous conditions. Councilmember Wachter stated that the:4>rdinance is not requiring the removal of ice. Councilmember Awada added that the Council is trying., -to over -burden residents. She further added that it is safer to clear the sidewalks and have the poss6% of some ice being exposed rather than having children walk in the streets. She noted that it is hard to get all the ice off and if salt is used it can kill the grass. Councilmember Hunter stated that the other reason ice is not included in the ordinance is because of the potential liability. He further stated that if the ordinance states snow and ice must be removed and the City or the resident does not remove it and: -someone falls, the ordinance could be referenced in regard to liability. Councilmember Wachter addedAhe main::purpose of the ordinance is to ensure sidewalks are cleared so children do not have to walk:�j::deep s! i* and are not forced to walk in the street. X. Aisha Bashir, 4332 Dorchester 'Court, addressed the Council and asked who would be liable if someone were to fall on the sidewalk ori:t!'ii:Stppry:::::Skielo asked if they would be expected to put salt on the sidewalk. City Attorney Shefd'oh-:S%' id::#rat -M-' inance does not affect or change anyone's liability. He added that the property owner has liability for the sidewalk now just like they have always had liability for their sidewalk and this policy would also apply to the City if it is responsible for a particular sidewalk. He further added that this ordinance will not impose more liability nor remove any liability. He said that every homeowner has an obligation to keep their sidewalk safe. Mayor Egan reiterated that this is a pilot: prOglfidsid Will be tested to see how well it works. Councilmember Hunter move f :: 0dcincilmemb6*r* Masin seconded a motion to approve an amendment of Eagan City Code Chapfer,7;W.;::subdivision 5, concerning the maintenance of streets and i'I sidewalks requiring the removal of snow o'tiesfg[?afd::iewalks by adjacent property owners. Aye: 5 Nay: 0 Councilmember Hunter moved, Councilmember Masin seconded a motion to address Public Hearing, Item D, Project 636R, Final Assessment Hearing (Poppler Lane - Streets), which was tabled earlier in the meeting. Aye: 5 Nay: 0 PROJECT 636R;:;FII�AL ASSESSMENT HEARING City Administrator Hedges gave 4 overview' Director of Public Works Colbert gave a staff report. Councilmember Hunter stated that in Ockqber of 1922, the Council canceled the project since the final plat was continued indefinitely. He asked vo ty;:the, finpl. at was continued indefinitely. Colbert stated the final plat was not in order for recording at D4kdtd:. ist"i ji::p ud l e right-of-way dedication was not resolved. Councilmember Hunter stated that in Apel the developer vi'VVed objection to assessments for the three newly created lots and he asked if they were included in this assessment hearing and if any of the property owners objected to the assessment. Colbert indicated there was some objection by some of the property owners. Lawrence Poppler, 3030 Popple[:#:;{ i;�Gftli'5ed.the Council and asked if the City Clerk had received the objection letters. City Adrptlxigfrator Hed"' ed that the letters had been received. Mr. Poppler stated that when he received -M6 draft copy of flim::assessment report for this project he was surprised and frustrated to see the report.showed a higher assessment than the feasibility report forecasted. He discussed the configuration of the met. He identifiedift. various costs associated with this project EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 PAGE 7 and questioned why the indirect (engineering) costs doubled. Councilmember Awada noted that Mr. Poppler is objecting to paying the verificai<bn charge pertaining to the sewer and water services, because he told the engineering firm the extensioris''were already there, which was later verified. She asked what the engineering cost was in regard to th*:a}xpetlse::: :4ndicated he did not have the cost broken down by engineering costs but rather by. t >r :tAs ,S;:biik.. totalled $2,300 and other indirect costs which totalled $1,356. He said the total:e$sessment for*venfication services was $3,656. Mr. Poppler stated that since the'96me engineering firm supervised this proposal 34 years ago and the extensions were already in at that time, his father is paying the location and verification charge for locations that were already established. He felt that these charges should not have been incurred. He noted that the feasibility report indirect costs were $16,500 and the assessment report cost was $33,124 which is approximately 107% over the. current feasibility report. He further noted that the reason the feasibility report was done in 1996 was E ..provide rrpre accuracy. He compared the feasibility reports from 1992 and 1996 and pointed out the nuria' or of siri? 6ities. He felt the assessment in the 1996 feasibility report should be closer to the assessmihf in the f92 feasibility report. He said they signed the waivers in good faith that the estimate would be:>rfedible aid: done with integrity. City Administrator Hedges stated:giii:)Ai:: EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1998 PAGE 8 noted that when the Council had previously: addressed the issue regarding the homes on Dodd Road, the property owners had wanted to maintair!::the rural zoning, but the Council indicated they needed to have five acres. She further noted that those:property owners who did not have five acres were not entitled to the rural designation and they were nc►t : licfawd:: i5: t jilt 1he septic systems there. She said this proposal is for three houses on five acres:::Cc lltriei if 04%*ibter stated the difference between the two proposals is that sewer was available tQ•:te property owners along Dodd Road and the Council did not make anyone connect to that, but rather.ihi stipulation was that they could not put in a new septic system if the old one failed. He further stated'"that sewer and water is not available on this site. He asked Councilmember Wachter what happened when the sewer services were automatically extended in the past. Councilmember Wachter stated that sewer services were extended only when it was economical to do so. He said the amount to bring in sewer and water to this property seems to be extraordinarily high for only one parcel of property. Councilmember..: t!unter noted approving this request would not be going against past practice. Councilmember Wachter asked Why there ceded to be two sites for the sewer. Ridley stated there needed to be two separate drainfields ti6r'par ceI.',- . uncilmember Wachter asked if they would need to have two septic tanks. Ridley said thHe pointed out another difference between the Dodd Road sites and this sitilii: tfi;fit--tfiit:-Pf- l'pi'siy 1s already zoned R-1 and along Dodd the property was zoned Agricultural, which has the five acre minimum lot size requirement. Councilmember Masin said it seemed to her that she had voted against allowing the property owners to maintain the rural zoning because the Council was told they needed five acres to maintain the septic tanks. Councilmember Hunter noted that past practice is if sewer is available, the property owner must hook up at that time if they have under five acres. He further added that this would 0e:•r*c}.Ared on this site if sewer was available. Mayor Egan stated that this is one.afixtlQs #9rK-'tOas in Eagan that is not accessible to sewer and water and it would not be practical to not-.virtne`properly-to develop to some reasonably economical use. Councilmember Wachter added it would have:to..be agreed upon that if sewer and water ever becomes available to this site, and they have a probiairi;ii;#i'r,ting septic tank or drainfield, they would have to connect to City water and/or sewer. Councilmember Awada moved, Councilmember Hunter seconded a motion to approve a Variance from Section 11.21 Shoreland Zoning to allow lots less than 10 acres in area and 200 feet in width within the shoreland zone of Holland Lake. Mayor Egan stated the reason the G# -Q is.ppproving the Variance is because this portion of the City Code was adopted from an::!9APi:QpriaW: :ordinance and does not apply to a more urbanized area like Eagan. A vote was taken on the motion... --: Aye: 5 0 Councilmember Awada move;'tsprset:S!11hter seconded a motion to approve a Preliminary Subdivision (Atom Pond) consistirig'iif three l 'Ibn 5.15 acres of property at 955 Cliff Road in the SE 1/4 of Section 26, subject to the eight conditions in the APC minutes and one additional condition regarding City sewer and water as follows: 1. Standard Conditions - The appk=A::shall comply with these standard conditions of plat approval as adopted by C,i3ti>f-ci:l=iljiiary 3, 1993: 131, 62, 63, 134, C1, D1:; -97; F1 2. Gradina - No grading , r kj�in 30 feet of the for Pond LP -36 shall be allowed. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 PAGE 9 3. Easements - The applicpgshall prepare a private ingress/egress easement for the shared driveway access to Lot f i' 6d 2, and obtain an ingress/egress easement from the adjacent property owner for accese'fo Lot 3. Both documents shall be reviewed and approved by the City Attorney's offica::pjigr.:pa .spun '1::oc * .. on the Final Subdivision. The applicant shall record the private iiizser±ie> is with the plat. 4. The final subdivision forfifs property shall not be approved until the existing bam on Lot 1 is removed or a buildhib,permit to construct a house on the lot, in conformance with all City codes is submitted. 5. Individual lot tree preservation plans will be required for both Lot 1 and Lot 3 at the time of building permit application. 6. The applicant shall subb-t-:a copy fif'#he percolation test and demonstrate adequate space for two septic drainfieldstn each:ll7i:prior to final subdivision approval. 7. The applicant shall reccfr.# i'a9i r :wfth.# w County Recorder's Office concerning the existence of financial 061rgatiri'sis- #8if:16:GitY: utilities. 8. The applicant shall plat the property 9. If sewer and water ever becomes available to this site, and a problem arises with the existing septic tank or drainfield, it would Oquired that the property owner connect to City water and/or sewer. Aye: 5 Nay: 0 PRELIMINARII`: D ;QEVELOPMENT & PRELIMINARY SU DI HOMES, INC. City Administrator Hedges gave an overview on this*hem. Senior Planner Ridley gave a staff report. Tom Standke, representing Pulte Homes, addressed the Council and provided background information on their company. He stated they want to continue to build in the community. He added that they had made a request a year ago to build on the Carriage Hills Golf Course site. He further added they were told at that time to look for property that.s. already proPerly guided D-11. He stated they have done that with this site. He talked about the Ufe:; lg Ikou% are proposing. He noted that two-thirds of the site is composed of green and nate a :space: }�':Wdht'fin'to discuss the various types of homes that are proposed. He said the site has bei m designd03b retain the natural amenities. He talked about the color choices for the homes and stated -:the colgrs,;are consistent with each other and yet offer some Diversity. He added that concerns we4: gxpressi ;*a' bout the value of the homes and the availability of ndividuals to purchase these homes aril s :i Tsai' i i £.prr/perty. He noted that covenants would state ndividuals could rent the homes only* 'iri cerfain''Sitaalioiiend only with the approval of the Board of Directors of the homeowners association. Dennis Griswold, representing Pulte Homes, )f the site. He talked about how the property fifs:#41 lses. He stated the Comprehensive Guide-..% site and fits in well with the land uses::$ttr• Unding proposing is well within the 0-6 range. K4, -discussed i part of the PUD concept is density transfer to deal function of the PUD is to have multi-usi ;: which this addressed the Council and discussed the specifics ;the vicinity, traffic patterns, access points and land i--:'4 tiding of 0-6 units per acre is appropriate for this , He added that the 4.28 density they are ie pFiW.6 considerations of the site. He stated that vith side„characteristics. He further stated another project jrirould consist of. He noted that they felt it EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 PAGE 10 would be appropriate to keep the density:lower on the east half where it is most rugged and transfer some of the density to the west half where the d6bipurs are flatter and the site is more wide-open. He also noted that by laying the site out in this mann#, Jower density would be next to the single family homes and townhomes on the east. He mentioned by the topography along Diffley. He went on to discuss the layout of the buil".`0: 4I .Apd. discussed the breakdown of the number of units and said they have provided a cargful mix of homes. He stated that more detail on the landscaping would be provided at the appropriate time:;: 3ie added that they have varied the setback of some of the lots to create variety. He further added that itiis plan, with the density transfer, works well with the topography and will not encroach into any of the five wetlands on the site. He mentioned that the ponding has been worked out to deal with the water quality on the site. He said the phasing of the project would be from the south to the north. He stated that the School District will be a benefactor of this proposal because they will get the access point they want and "will also have the ability to sell the lot they had purchased for the potential need of connecting to Casto Glen. :44.e discussed the densities of each of the three areas of the site. He said the total densities co, iiibined are:4.28 units per acre. He said there is always concern that a multi -family project will tum inta':*: rental friCde. He added that they will protect against that happening through private covenants. Mayor Egan stated that the CitA. #ia;;::taean:-'fdibWing this item for many weeks and have received correspondence from many of the neighboring residents. He further stated that there are many common themes in the correspondence that was received. William Cottrell, 4086 Deerwood Trail, addressed the Council and stated that a neighborhood opposition group was formed. He stated they met with I?ulte:Qn a couple of occasions. He said he was selected by a certain group to represent them. He. patipd: f#ie r�rious neighborhoods that got together and met. He added that this is not an attack a8aimst':0i;alie:# oiaies, but rather the residents want to protect the residential neighborhoods of Eagan. We:#Ui$Iher'added :that according to the 1995 Census, the City of Eagan has about 22,000 housing units end.ap roximat4.:54% of the units are single family dwellings and the remaining 46% are multi -family unit dw+elfciig He::Atated the City has provided a lot of multi -family housing. He discussed the increase in traffic this prW: Wduld generate. He said this site is beautiful and the Council should give serious consideration to the futuet'fi Eagan and what should be done with the remaining 20% of the land. He added they are proposing to remove 400 of the 1,000 trees on the site. He further added the City Planners identified the potential problems associated with drainage in their reports to the City Council. He referenced the City survey conducted by the Wallace Group which confirmed that one of the biggest concerns of the citizens of Eagan is the growing number of townhouses and apartments. He said this neighborhood.awociation is not.opposed to reasonable development of this site. He further said he has heard the .sni:, urrslJi'e 'j€::ey can legally oppose this proposal. He referenced the City Code and identified.$4verallega�:xeasons why'the Council could deny the proposal. He added that the 20 -year old Comprelaer"sul ive G' Plan should be revised because it is outdated and not indicative of where the City is goingt:.:He again; referenced the City survey and stated that what was least favorable for the development of # ? emainino: 0% of the land was townhouses and apartments. Doug McFarland, 1474 Rocky lfie;' eadre*d tfie Council and asked what the status is of the proposed addition for the northern part of the site and when does it get included in the density mix. He also asked about the effect of the increased traffic that would occur on Deerwood Road. He stated he would like to hear from staff about water, parks and transportation issues. He added the neighbors are not opposed to development of the site but rat-ber Ahe:;density being proposed. He noted that the City Councilmembers are elected and that they;;11>aij:►:fWt M t -the constituents want them to. Ann Pahos, 2835 Burnside Aveft*i�''addressed theouncil and stated she supports the Pulte development because they are proposing:.homes that are ot.e-level, handicap accessible and located in Eagan where they want to live. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 PAGE 11 Ryan Johnson, 4123 Cashell Glen, addressed the Council and said that he and some of his neighbors presented a petition to the ��P!C. He noted they had signatures of 113 neighbors and the unanimous vote was that the Cashell Gien'cul-de-sac should not be extended into the new development. He noted that the APC recommended th�ul%de.ttci:�extended. He urged the Council to accept the APC's recommendation. Paul Schmidt, 1422 Kings W -* toad, addressed the Council and stated that he is against the Pulte development mainly because of ttie'kgh density and also because of the increased traffic, the impact on natural resources and increased class sizes in the school. He noted that ten neighborhoods have banded together regarding this issue requesting the Council reconsider the density of this proposal. He asked why there was such an urgency to develop this property since there does not seem to be any lack of construction in the City. Dean Wold, 4041 Deerwood Tr'A;;:addresi;ibd the Council and asked what the impact would be on the schools by grade. He stated nothin�:&s beenK.Otesented regarding the demographics of this proposal. Paul Pahos, 2835 Burnside Avei�o . �--00ft$s.edAh*:0.WnciI and said that he is concerned about individuals signing petitions to keep otlisetrple tiirt:a;i# die: Citjr. He added that this is a choice piece of property and will not go undeveloped for very long. He further added there could be a proposal for commercial development if this development is not approved. He said he thinks it is inconsiderate and unfair to current and future residents of Eagan to deny them an opportunity to have a decent place to live. Rob Edinger, 1622 Murphy Parkway, addressed. the:Council and discussed the zoning of the property and also the difference between D-1 and Q-1;S:;2cirtit#g. Rick Mower, 4148 Cashell Gleri;:2rddFes$ed thetbuncil and asked if it would be possible for Pulte to eliminate the high density housing. Ffe.notecj.that 8-12 unit buildings are not needed and would not be aesthetically pleasing. Pam Wold, 4167 Starbridge Court, addressed flies:: EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 PAGE 12 He added that he feels this land is Comprehensive Guide Planned appropriately and he said he thinks a lower -density Planned Development coi.&66 developed profitably. He stated that landowners have rights that need to be considered. He further'slaied that landowners need to have a viable use and he thinks they do have a viable use, which is lowei'�s#et4J.t �diafliiai He said they are requesting a Planned Development, which is an agreement be lliwecfi #Fie: i�W:ar##:the developer and is different from straight zoning. He noted that in straight zonin$;:.ff the developer meets all the terms and conditions of the City Code, they can build what they propose;:: He said in this case, since they are requesting a Planned Development, they are asking for deviat" from the Code, such as smaller lot sizes. He added that many reasons have been stated to deny this request and some are applicable, but most of them are not. He addressed the school issue which is not applicable, since the bond referendum that was approved projects a growth for the City population and if this development were composed of all single family homes, there may actually be more children going to school than what is being proposed. He said the Tree Preservation Ordinance is one of the toughest in the. tropolitMarea and that any development will take some trees to use the land properly. He added that: suppoft denying this proposal reluctantly because he knows that this developer, or another one, c40 requeif.i straight rezoning and may, in fact, have a higher density use than this one. He further added if a developer would request a straight zoning, the Council would be hard-pressed to come up witk:.: 5*M ki 160.). :dt%ihdable reasons to deny the request. He stated that the Council has the reasons•'fd'=deny—:if#is mqueaf because they are asking for a Planned Development. Councilmember Masin said she thought that when the junior high was built, promises were made to the residents of the development next to Deerwood School that traffic would be mitigated when the new development was developed. She stated that if Cashell. W.""is kept as a cul-de-sac there will be little change in the transportation pattern on Deerwood..... Ciire i r:i t Public Works Colbert noted that there will be a change in the transportation pattem:cit::i3twaod;:�nrhether or not the Cashell Glen connection is provided. He explained how traffic wQkiUd b6 affected:: with or without the Cashell Glen connection. Councilmember Masin added that she .want0d-.t9 kee)7 the promise that was originally made to the neighborhood next to Deerwood. Colber�t'tNd::..'*t nAie .:the middle school was built, the school was required to purchase the lot to make the con nectiori16:Ct0t ell: Glen. He further said the lot is being held in reserve for that purpose, but because it is not the best iise::of the lot and because of the topography, the connection is being resisted. He added that with this development it is felt that the connection should be made to Johnny Cake Ridge Road. Councilmember Masin asked if the school would still need to maintain the property if the connection is not made to Cashell Glen. Colbert stated that if the connection is not made through Cashell Glen, the school will need to decide if they want to reserve part of the parcel for a sidewalk or trailway connection. Councilmember Awada state=---"-"iopmenf`!i:' *was.irt ieement with Councilmember Hunter on this issue. She said that the intent of a Planned to make a development better than what the zoning could be. She further said that this Planned Development has been used and proposed to make the development less than what it could W': ... She .fr htioned that staff has calculated the density in the southwest comer of the development to: :i;lippf 4*Je ? :�flits per acre. She noted the land is guided to be 0-6 units per acre. She said that much of the City''s'1aftU that is designated as 0-6 units per acre has recently been developed at about 2 1/2 units per acre. She also said that this proposal consists of approximately 15% of single family homes. She said about half of that percentage is substandard because the lot sizes are under the minimums for street frontage. She further said this land is better suited for single family homes. She stated that she dogs:.r4t;stsppprt the proposal because of tree loss, drainage, rolling hills and the surrounding developm r :; ... at the density should be on the lower end of 0-6 units per acre and should be straight..#01hg instead*6f-*.Planned Development so that the majority of the land is not developed as multi-fam4:g6using. She meiitidned the Livable Communities Act and said there is 46% of multi -family housing ir4.:#e City, most of which was developed in the mid 1980's. She further mentioned that, according to t*.:Met Council and ft ivable communities figures, the City needs EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 PAGE 13 to encourage more single family development and they are willing to pay the City to do more of that. She added that the landowner has rights to da:y''hat they want with their land but only within certain parameters. Councilmember Wachter asked : qt tl 1.*-Vetls Iad:,Fitsxlication that was being proposed. Senior Planner Ridley clarified the land Pulte waS:p�FopitissMg::f:land dedication. Councilmember Wachter asked if any of the proposed park land:.is usable for ballfields or playgrounds. Director of Parks and Recreation Vraa stated that the plan is reed somewhat from the plan that the APRNRC reviewed earlier this fall. He noted that the green space' amounted to approximately 16 acres, which exceeds the park dedication requirement by 4 acres. He said the slopes make it difficult to develop. Councilmember Wachter noted some advantages for making the road connection to Cashell Glen. He discussed the drainage of water ay.4 the importance of storing more water in the ponds in the development. He stated that the City c; itJid use qw.e developments consisting of executive homes. He said the environmental damage to this 5-,:1:'-" a is very4bvere and too many trees will be removed. He also said the density proposed is too high.:::le addeidhat this is a special area of Eagan and should be handled with care. Mayor Egan noted that Counciltri'erriber l tier iiit#-;w-excellent job of laying the issues out. He said he does not agree with all the arguments that have been raised. He stated that Mr. Cottrell had outlined a number of statements in his letter that he had also intended to make, including comments that the application for the subdivision has to comply with the City Code, the Comprehensive Guide Plan, Minnesota state law and the requirements of the Metropolitan Council. He further stated that the Comprehensive Guide Plan was adopted by the City in tho.Wi� 1970's and early 1980's in response to a requirement by the Minnesota Land Use Planning. Ar..-&-'. rfoiid that several revisions have been made to the plan. He said that the D-11 zoning::.40-i'S tiog. allows for a fair amount of discretion by the developer and the City. He further said;:Ratti&& need6 fo be some reasonable figure in between the 0-6 units per acre designation. He added that-he::has looked at the development that has already occurred around this proposed development. that there has been a general trend and encouragement to downzone property in the City.'fie:fiitdieted that the City is below where they feel they should be in terms of single family detached resider' 690:- i. sing. He noted that if the City continues the way the trends are currently going, the City will be going in the wrong direction. He said the density is not appropriate on this parcel of land. He discussed the historical facts surrounding this land. He also said the City has narrow constrictions on what it can do with respect to land. He mentioned that this landowner was turned down at Carriage Hills and was told to find another parcel of land. He noted that the developer was not told by anyone to leave;.that 120 acre .site and find another 120 acre site in Eagan and come up with another townhouse mix;::#�jie:itti�Er.ticei:tttt the Council cannot be arbitrary, capricious or unreasonable in the denial of rights tU:iar y pro :owners. He stated this use is too intense. Mr. Standke asked the Councit::esked f6r.r,4prification and direction in regard to what the Council wants for this property. Councilmembstat*d that Eagan has too much multi -family housing and more single family homes should be bi:::Fcaii;:ttiAjil's preference would be for the developer to build single family homes on this parcel. IW**yor WYelierated that the Council prefers to see single family homes proposed for this area. Councilmember Masin mentioned that there is still a definite need for senior housing. Councilmember Awada moved, Coune>rraber Hunter seconded a motion to direct the City ;..... Attorney to prepare Findings of Fact for di?I(t3Ft#F'fitsfinary Planned Development. Mr. Standke stated they would p iWr a continuanc6. :redesign the development proposal. Mayor Egan said they should submit a new apRlication because any.significant change would need to be reviewed by the APC. City Attorney Sheldon said:.Umt there are a nu rTj eF of alternatives the Council could consider. EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 PAGE 14 He further said that there is not another.: City Council meeting before the 60 -day agency action timeline expires under the statute to make ruf" on this application. He said at the direction of the City Administrator he prepared a draft of both"i0proval and denial findings. He further said the Council may want to review the findings. He added tKia;Wt:fjiay�totish to withdraw his application and submit a new application and findings would no$:to:tftoo �:ti6ther added that if the applicant does not choose to withdraw the application, the: Council would need to adopt the draft findings (Exhibit B) and additional findings could be added an4i.-nought back at the next meeting. Mayor Egan asked if the applicant would prefer to withdraw the application. Mr. Standke stated that under the terms of the contract he could not do that. Sheldon said that Mr. Cottrell's letter should be included, by reference, to the findings (Exhibit C). He further said that additional findings should include the specific figures of 54% single family and 46% multi -family housing that currently exists in the City. He noted that just about everything that was covered at the meeting tonight is include¢.in the draft findings. Councilmembers concurred that the findings looked acceptable. Mayor Egan noted that Councii mber A►joda's earlier motion would be revised to include the adoption of the draft Findings of Fact, donclusioris and Resolution for denial of the Preliminary Planned Development and Preliminary Subdivision:for:ti¢tii :?t3iks::iivision. Aye: 5 Nay: 0 City Administrator Hedges asked if the Council had any changes to the League of Minnesota Cities proposal. He noted that he and Councilmember Masin were planning on attending the legislative conference on Friday. He further noted that the legislativa;:}irogram will be adopted on Friday. He suggested that if the Council has strong positions.on..yei?i6ki.'0611cies, it would be worthwhile to get involved in the committee processes next year. Disms. ory cevrted regarding fiscal disparities. Councilmember Wachter stated that it would be approp ftik iff:tgzpayers t+ifere informed as to how much the City of Eagan contributes to fiscal disparities. Mayor 8gan.$aid. he would like to see the base year changed which would impact the percentage that is contributed toiio%srd:ft l: #ispprities. Councilmember Wachter stated that the representatives to the legislature should know wlia#:;'s position is and the position should be formulated this coming year. PUBLIC HEARINGS/MULTI-FAMILY HOUSING REVENUE BOND FOR WOODRIDGE:APARTMENT: COMPLEX City Administrator Hedges gave:sr oveniiylt ilii' #his item. Councilmember Awada moved;:ouncilme�er Wachter seconded a motion to schedule a public hearing for the December 16 City Cou6Ahsimee.1`inq;: the purpose of considering the Multi -Family Housing Revenue Refunding Bonds for Woodridit:i?ji:::: Councilmember Wachter asked if there was any specific reason why the money was not received to pay off these debts. Hedges stated that he was not certain of the detail, but added they want to finish the process and hold the public hearing in the calendar year. He told Councilmember Wachter he would get back to the Council with an answer at tho..pybli4.hearing. Councilmember Wachter asked about the length of the extension. A vote was taken on the motiod.::A.'ye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 PAGE 15 Councilmember Wachter asked D"i'ktor of Public Works Colbert when the water tower painting was going to be done. Colbert stated it wou-?-..,*, City Administrator Hedges referp-twed Item C of the consent agenda, Liquor License Renewals. He noted that Hoban Korean Restaura4ibn-sale beer license was approved. He said there have been some criminal incidents at that restaurift'itrid it is the opinion of the Chief of Police that there is nothing that has occurred or pending that would cause him to suggest the license be revoked or not renewed. He further said that the Chief of Police would like the motion to state that if any further liquor violations or Part I Crimes occur at either Do Re Me Karaoke or Hoban Korean Restaurant, it will result in either a suspension or termination of the liquor.:Itr .,ense. Councilmember Hunter asked if there would be a legal problem with making that stipulation. CiOttomey::$ ....#�eldon stated that is an issue that was raised by both the City Attorney's office and the Police.-t6partmeiK.:: He said they are not 100% sure it is legal, but they feel it is worthwhile to make this conne.Qft' n betW4,.d*n the two businesses, since they are owned by the same business owner. Hedges stated is requerMing the consent agenda be amended to include this condition for Hoban Korean Restaurant's'i:'I'Z"e**M"s'#*:'fAih.'ftW;.:..�UMilmembers Awada and Hunter did not feel this could be done legally. Councilmenrfiiei�:-' could issue a warning by approving the condition. Sheldon stated that the attorney's office raised the same questions as have been raised by the Council and said there is a problem of proof. He further stated that the Chief of Police felt there was a connection between the two operations and he asked to institute this condition and felt that it would be effective. Councilmember Wachter noted that this is important to do so that the Chief of Police can keep the problem under control. Sheldon said that the license capn6t be revoked without a public hearing. He further said that if the law or provisions of the licens*.*r- .el'*'.:.....O.lW.'....' d, a public hearing would need to be held. Councilmember Wachter movedti:.C. i; &]l agenda in regard to Item C, Liquor LiI8�40::j Rg Restaurant's liquor license renewal, the con"dftibO:: Do Re Me Karaoke or Hoban Korean Restaurant, 3 Nay: 2 (Councilmembers Hunter and Awada sin seconded a motion to amend the consent include with the approval of Hoban Korean cruor violations or Part I Crimes occur at either cease will be suspended or terminated. Aye: Councilmember Masin said that she feels strongly that the City needs more moderately priced senior housing and assisted living housing. Councilmember Wachter girl::Secon ed a motion to approve the check register dated November 14, 1996 in the amouiit:of $2,646,"107.99. Aye: 5 Nay: 0 The meeting adjourned at 10:35'0'.m- ............ Date City Clerk MLK EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 199& PAGE 16 If you need these minutes in ari alternative::form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Kni*.:Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 4548535). The City of Eagan is committed to the pequal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orient0ft, marital status or status with regard to public assistance EXHIBIT A 1997 RENEWALS OFF -SALE LIQUOR Applebaum Companies, Inc Perrier & Associates, Inc. Big Top Liquor Great Northern Spirits 3900 Beau d'Rue Drive ::1960 Cliff -Lake Road #101 Eagan, MN 55122 Agan, MN 55122 Sidco, Inc. MME,Inc. Big Top Wines & Spirits E & M Liquor 1282 Town Centre Drive 1444 Yankee Doodle Road Eagan, MN 55123 Eagan, MN- 55122 Blackhawk Liquors, Inc. Liquor Shoppe, Inc. of Eagan Blackhawk Liquor Liquor Shoppe of Eagan 4130 Blackhawk 8d #100 4250 Lexington Ave. South Eagan, HN 55122 lagan, MN 55123 Byerly's Beverages, Inc. Byerly's Wines & Spirits MGM Warehouse 1299 Promenade Place 4182 Pilot Knob Road Eagan, MN 55121 •..:E4gan, MN 55122 Cellars Wines & Spirits ofInc:::;:: United Penn Lake, Inc. Cellars Wines & Spirits Silver Bell Liquor 2113 Cliff Road 1989 Silver Bell Road Eagan, MN 55122 ::lagan, MN 55122 1997 ...RENEWAL ., w.. ......` . Spux,. Inc. Los; ;:Spur ::tt�ntry Club 275 ;.i.'A:i : o; ;1 al. Hwy. Eag:a2N' =55f2' Al Bakers Al Baker 3434 Washington Drive Eagan, MN 55122 1997 RENEWALS ON -SALE LIQUOR Cuz, Inc. LaFonda de los lobos 3665 Sibley Memorial Highway Eagan, MN 55122 Apple America Ltd. Ptnsp of.XJ9 Mediterranean Cruise Applebee's Neighborhood Bar Grill Mediterranean Cruise Restaurant 1335 Town Centre Drive 3945 Sibley Memorial Highway Eagan, MN 55123 Eagan, MN 55122 Casper's Cherokee Sirloin RQ.om Rock Bottom Restaurants, Inc. of Eagan, Inc. Old Chicago Pizza Cherokee Sirloin Room 1312 Town Centre Drive 4625 Nicols Rd Eagan, MN 55123 Eagan, MN 55122 Cedarvale Bowl, Inc. Cedarvale Lanes/Fitz's 3883 Beau d'Rue Drive Eagan, MN 55122 Chili's of Minnesota, Chili's Southwest Bar 3625 Pilot Knob Road Eagan, MN 55122 Cliff Corporation J. Doolittles 2140 Cliff Road Eagan, MN 55122 West Jersey Associates, Inc. Bar & Grill Richards 4185 South Robert Trail Eagan, MN 55123 Inc. ::Marriott Management Services Corp. & Gri3:#:::::;:::::'''' ::River Park :3400 Yankee Drive Eagan, MN 55122 Hall & Convention Center, Inc. Royal Cliff 2280 Cliff Road Eagan, MN 55122 Nue & Torgerson, L.L.P. Green Mill Restaurant 1960 Rahncliff Road Eagan, MN 55122 Eagan Airport Hotel Associates Holiday Inn 2700 Pilot Knob Road Eagan, MN 55121 Jensen's Supper Club, Inc. Jensen's Supper Club 3840 Sibley Memorial Highwa Eagan, MN 55122 Starks I, Inc. Starks Saloon 3125 Dodd Road Eagan, MN 55121 ARG Enterprises, Inc. Stuart Anderson's Cattle 1299 Promenade Place "- n, MN 55 12 1 Company , Inc. ey Lounge Sibley Memorial Highway n, MN 55122 X99? RENEWALS : TTNE LICENSES Chungs, Inc. :::Cli:ug::i ong, Inc. Anna Chungs Restaurant Hong hong Restaurant 1960 Cliff Lake Rd #116 2139 Cliff Road Eagan, MN 55122 'Eagan, MN 55122 Apples Plus, Inc. Apples Restaurant 1260 Town Centre Drive Eagan, MN 55123 Fratelli Tre, Inc. Carbone's Pizzeria 1665 Yankee Doodle Rd Eagan, MN 55122 Diamond T Ranch, Inc. Diamond T Ranch 4889 Pilot Knob Road Eagan, MN 55122 Young T. Lim Hoban Korean Restaurant 1989 Silver Bell Road Eagan, MN 55122 FHF,Inc. ::Flunan Garden :*304 Town Centre Drive agan, MN 55123 J h R Group Italian Pie Shoppe 1438 Yankee Doodle Rd. Eagan, MN 55122 Vif:lage House II, Inc. Qe Viet :2:•...Town Centre Drive B'sgari:;MN 55123 Chungs, Inc. Anna Chungs 1960 Cliff Lake Eagan, MN 55122 1997 RENEWALS ON -SALE BEER FHF,Inc. Hunan Garden Rd #116 1304 Town Centre Dr. Eagan, MN 55123 Apples Plus, Inc. Apples Restaurant 1260 Town Centre Drive Eagan, MN 55123 Sports Fanatic, Inc. Broadway Pizza 2135 Cliff Road Eagan, MN 55122 Fratelli Tre, Inc.** Carbone's Pizzeria 1665 Yankee Doodle Rd Eagan, MN 55122 R Group Pie Shoppe 1438 Yankee Doodle Rd Eagan, MN 55122 Parkview Golf Club Don Larsen 1310 Cliff Road Eagan, MN 55123 Piccolo's Patricia Boudreau 47.6,2 Pilot Knob Rd MN 5 512 2 Carriage Hills Country Club Pizza Hut of America, Inc. Ray Rahn Pizza Hut #401025 3535 Wescott Hills Dr. 2130 Cliff Road Eagan, MN 55123 EA.$;an, MN 55122 Davannils, Inc. Izza. Hut of America, Inc. Davanni's Pizza/Hot Hoagies: :Pizza Hut #401023 1960 Cliff Lake Road .:::::1325 Town Centre Dr Eagan, MN 55122 Eagan, MN 55123 Diamond T. Ranch, Inc. urger Diamond T Ranch Na - iicy Rieser 4889 Pilot Knob Rd 1428 Yankee Doodle Rd Eagan, MN 55122 Eagan, MN 55122 Dragon Palace Restaurant Lee Fo Len, Owner 1466 Yankee Doodle Rd Eagan, MN 55122 Young T. Lim Hoban Korean Restaurant 1989 Silver Bell Rd Eagan, MN 55122 Chung Wong, Inc. ** Hong Wong Restaurant 2139 Cliff Rd Eagan, MN 55122 Village House 11 Viet 2 2 Town Centre Dr Eagan, MN 55123 West End Hunting Club Gun Club Rd .:...:..:.-G;9emount, MN 55068 * Also has wine license Also has strong beer license .... . . ...... X.: Cedarvale Texaco 3830 Sibley Memorial Hwy Eagan, MN 55122 Super Valu Holdings, Inc. Cub Foods 1940 Cliff Lake Road Eagan, MN 55122 Crown CoCo, Inc. Eagan E -Z Stop 4195 Nicols Rd Eagan, MN 55122 Holiday Stationstore #232 4595 Nicols Rd Eagan, MN 55122 Holiday Stationstore # 247 3615 Pilot Knob Road Eagan, MN 55122 Holiday Stationstore 1065 Diffley Rd Eagan, MN 55122 MCC's 1969 Silver Bell Rd Eagan, MN 55122 PDQ #214 4198 Pilot Knob Rd Eagan, MN 55122 1997 RENEWALS OFF -SALE 'BEER Superamerica #4182 1406 Yankee Doodle Rd Eagan., MN 55122 Superamerica # 4464 1250 Cliff Road Eagan, MN 55122 Superamerica # 4335 1379 Town Centre Dr Eagan, MN 55123 Tom Thumb #273 ... 1815 Diff ley Rd Eagan, MN 55122 X. Tom Thumb #166 1446 Yankee Doodle Rd Eagan, MN 55122 #68 Tjota1 : 000 R a h n c 1 i f f 'Eagan, MN 55122 Fleming Companies, Inc. Rainbow Foods 1276 Town Centre Dr Eagan, MN 55123 Superamerica Group Superamerica #4049 4200 Sibley Memorial Hwy Eagan, MN 55122 Twin Cities Stores, Inc. Oasis Market :.3390 Coachman Rd :£agar, MN 55121 Oasis Market #594 1286 Lone Oak Road Eagan, MN 55121 :fJ�asis Market #576 3150 Dodd Road Eagan, MN 55121 :::iasis Market # 590 x+250 Lexington Ave. Eagan, MN 55123 BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Pulte Homes-0-:10Jiro.sta# for a Preliminary Planned DeveloptMht%: and a Preliminary Subdivision for Rolling Oaks Subdivision EXHIBIT B FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION On September 24 and Octc3r 22, 1996,.following publication of notice to the public, the Advisory Planning Corr pssion Of the City of Eagan conducted public hearings to consider the application���P� .... i i Sf Minnesota for a change in zoning to preliminary planned development and a request for a preliminary subdivision for Rolling Oaks Subdivision. The applicant's representative favor of the request. During the received and considered staff and citizen public hearings and spoke in gs�':the Advisory Planning Commission reports and other background information. Following the public hearings, the Advisory Planning Commission voted 3 to 2 to recommend approval of the petitioner's requests. The matter then came meeting. The Council received, Advisory Planning Commission at its November 19, 1996 discussed the October 22, 1996 from staff, residents and planning reports, together with all files, records and prior proceedings and the input of the applicant's representative and citizens.gt the November 19, 1996 Council meeting. Based upon all the files, records, prior proceedings and input which was presented at the meetings, the Council makes the following Findings of Fact, Conclusions and Resolution: OWN 1 This matter is prope efore the Eagan City Council. 2. The proposed preliminary planned development and preliminary subdivision consists of approximate * ly 116 acres of land and the development of 490 dwelling units on the property shdWh" attar k as Exhibit A. 3. The applicant's multi -family homes and 78 single farm mixed development of 412 clustered .......... &*tNown on Exhibit B. 4. The property is currently designated as D-11 (0-6 units per acre) under the land use plan of the City's comprehensive guide.:::::::::;; 5. The property is cure tbii6d i4 (agricultural) and RB (roadside business). 6. Issues have been raised throughouf thd process and there remain legitimate but unanswered concerns regarding: a. Increased traffi, c.-c-onaestion.Qn-Deerwood and Diffley Roads, caused by the multi.;ToHmy rSkdents of the development. b. Environmen1--issues:.*-'*'-ftluding adequate storm water drainage, . . . . . . . . . . . . . . . . . . . . *. . . . . . . . .. . . . . . . . .. degradation of Blackhawk Lake .b*A"§s 1 lake under the City's water quality plan) and storm water ponding. C. Clustering of multi -4 Ot s which concentrate too many people and too many Structures intoe##ie southwestern portion of the site. ............................ ....................... .... ............. . ................... 2 d. Multi -family structures which are significantly larger than adjacent housing, such that the structures are out of character to the surrounding area. e. An overabunl"*-:' i~f i# housing in this area and in the City as a whole. Tfii>Gity already exceeds the Livable Communities Act standards for multi -family housing. A recent community survey conducted by the City Council indicates no desire or need for additional multi -family housing in the City, :f:this f. This area of ffieity.�'iay be appropriate for single family housing by reason of its topographi , tdhodof location and potential traffic patterns. g. The mandatory environmental assessment worksheet is not complete. h. Neighborhood:T ide;nfs-h ve expressed their opinion that construction of the 41:::M a#ti 0mi:ly..homes and the clustering of those homes will have a negative impact of :their residential property values. i. The subject property, as currently zoned and guided, provides a viable economic use ofJhq:propegy.....:; j. Additional finac"igs ink#iJ'dE: 3 CONCLUSIONS I. This matter is properly before the Eagan City Council. 2. The effects of this dO.* lopment will not be harmonious with the adjacent residential neighborhoods and, as ... es i#f . ..0,olftnt's proposal will: ...... ............ ..... .... a. Tend to lower"*'Uhe property values of adjacent residential neighborhoods. b. Change the existing character of the adjacent residential neighborhoods by ire."on of i�*b* mass of the structure of the multi -family homes. ... C. Have the potenincrease traffic congestion on Diffley Road and Deerwood Drive beyond reasonable standards; and (2) possibly increase problems with degradation and 3. The area may be a topography and school location. 4. The land retains a viable residential use. drainage, Blackhawk Lake ly housing by reason of its 5. By the greater weight of-the. record. and information presented, it is hereby determined by the City Council of::i6*:" City * Eagan that approval of the preliminary planned development and the prel M-inary.sibdivision is not warranted. 6. Additional conclusi61iiiii 4 RESOLUTION The City Council of the City of Eagan does hereby resolve that the applicant's request for a preliminary planned40 : .....velopment and a preliminary subdivision to allow mixed residential development of*.' es and 412 clustered multi -family homes is hereby denied. Dated at Eagan, Minnesota this 19th day of November, 1996. CITY OF EAGAN By: Thomas A. Egan Its: Mayor Y E.J. VanOverbeke ....fts: City Clerk 5 EXHIBIT A v ,•/�•�/•� NIM ••fi IFS` =i ! .� I +, lkIli ' su a ,•/�•�/•� NIM ••fi IFS` =i ! .� I +, lkIli ' su a -I I =i I i� l • I =f I=j ��•• r a 17• EXHIBIT B - — •• i - _ i - ='�.:, '.:x� r •a• i ~ ti i f':::"' i'• �w'►'o!:.; "•>� • •�' ��� �i:,E• J _ moi•• . l � '� -.: '•':.rte tk '1'i-: �..-.•:i_: %� (: r. •:'•+•..•. •• .' �Ve` ',�,.• �:�,`-. _ �"::�" : ! e' .;-•�.�'` . ::'fie-:..• ,�...-.5'.'_.±��::, ��,� .'!I `\: _ - . _ ••.r„�?` rw:^a.:�. ,.�,x •fii,y.'""�v�r;=t (� . „iii +�y��� • �"''r:. yiM1Vr"wr�' t • G •� .�:-jir�w"'��?s�'•�.•;c•.•:^•�•'•;•�•,•�.„� ! , • 11.` _?D. „'S."''it'a.F:�-r} .:�'�• w+�! /�•�.�r�'.,Cr.�•.'. 'ri+'� nG = i �.. .: i. :�j;r, i:R:;�'.� `�Y•, '.li;-• Qom. �'' ire r. �7• .7 :.; ••tiJ�+:C'S`x.`�S'.q��,;>:.�.r. :r.• �• Vit^ � �'S •� ^• ati%t t1 � '�` �.Zr. A ,. �� O ' • .-`•e••yc ��FE: • ;r•s 1 is • .: ,., ,:. c: /�, .,h•�'` `•Jr%.::: s - omXt �V ... p �� .r. i x / � ,R:.. \ � •• +May, \ . �/�- - �'`.. ` �',,'.�•y„i �. ,� �,r+ L� �' Ot .. ..:• �jl.��.•'.7 a'• •...,'.t �.�V:, at•'�'• • -jar x:•-:+libii= a ,r' • . `; s%' C !•� ��r Orr •'•!+' i i'x.�R �• f \?':t:.� � r � t s• vT. ,� 3 •.: 'ere''.. `` r "�.,' rt•...i, a• i� ` �y�y`u _ Q C :iS F.ti ��='7 .T"}'{"�,,.'•�i��i�:' .:� i��: � • :•6^,�� •• : •� C r 1�-•:• r �1 :\\f \ ,�.® - s� • }` ria 1 - t J. '}�wi•.:�! • f : ' f �7 J J•� qp— ..a „�«w.«:+� Ri?'. � ' • � � r�' �i.:++k=Yz�:. i. 'fit. �3t'a;/�• �.• ..k. �..�iK\ � `�,i�a?�• S'+aw:%;,,e .�� 1 ...:."!.iMr �� "i. t. � t n• ;'• , O`' • � ;s \ L \V"„ •.�,;�' =xv'�.'•. ��, �+r . Jap +w�•L;�i.G•ri�''_ •V' �.^r�..t�,`a�i. � � t�►"a#'sL'.•J ' • �'3irr,i� 1 .,� /•.� -, fr��-x�i i � �� ��:.yS �•.. a �'s�ySn 1' aF� ' .ft" a. f ift 'k5A♦��•`��'+..arN% 64 �... �v y`i �' ra a �\C.�,r , ': �°a,"' ♦. INES :� �•` '• � � .t0. �., ,.� ��� .� ti �F1eF �. � L ' �,�.� �-� t,. ate, •-� •'� ,� . � � IE%• Jall .•'�j• '•,•••.''»'.Sr• aa,: �i t.A�ti'��.1 ,',..R• s� f ♦• fj, ..> f• ��i 4T ±W: C ♦ c ~ •w-,� t S sem' � z- a:. � t �%�! �tsr ._ .��� `yJR�'��...L�„.�yr�,' -r r L"".*, u"�! '�' � • x>.r • •j /.� Awa.»n•:.i»rL •'. •'SOi.••. a `b9�.i•i•...f.1: N.:. • f•a .., rii .. t, J.f .T i••�. is •-YN '•'•' f, it•ar:. •.r!.::•a,•.1: !•>L .::t Y4 t".. .: :N••::,.r :.'.' i w ,'L7 iR '+I.i::•.:sa••.• .,,I,,.....s......-.itisirmi t•: v... :�- • �' a11.n rr. •rr n..���. .J«.. �M iV •��.:Ii!M�..M•'�'•�•'�,t•.� St Iw� �-i••��i-•1�..••.WNw••-•Nr• ••t. h�Yf'.•i•r. fY� ::•i•, EXHIBIT C JOHN A. HALPERN & ASSOCIATES ATTORNEYS AT LAW JOHN A. HALPERN TELEPHONE WILLIAM G. COTTRELL 500 PLYMOUTH BUILDING (612) 375-1980 HAROLD S. KORITZ JAMES W. HESS M 1 N N EAPOKit, MINNESOTA 55402-I 51 O rALCSIMILE (612) 3a2-2709 November 19, 1996 Thomas Egan, Mayor Council Members Ms. Pat Awada, Mr. Shawn Hunter, Mr. Ted Wachter, and Ms. Sandra Masin City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Proposed Pulte Homes:.il 7 7l,rapeat.. Dear Mr. Egan, Ms. Awada, Mr. Hunter, Mr. Wachter, and Ms. Masin: As a resident of Eagan for the past six years, as a tax payer, and as a citizen interested in the well-being of this community, and as a representative for the ne:1-5hbpz•hoods surrounding this development, including, but::::::::iti:::;: limited to the following: Deerwood, Deerwood Ponds:::: #T��k'-'144. Ponds, Cutters, Chatterton, Kingswood, Cashell Glen,'Hidden Valley, I can assure you that there is overwhelming oppositi6i::::::�:6:::::.t�development of a 490 unit "village" at the location prop6s#0:.:.*by.:::Pulte Homes (which, by the way, is one of the last remaining undeveloped areas in Eagan). We are not opposed to reasonable development on this property, in accordance with the Comprehensive Planning Guide, which meets the rules and regulations of the city of Eagan, the county of Dakota, and the State of Minnesota. However, for many reasons, we do not believe that the project proposed by Pulte Homes is acceptable to the city,:z s*:*::*nf..:E.agsr . Some of the reasons for our opposition are as focws "'' 1. Overcrowding ip:.:.this, .particular area of Eagan. A 490- x.. unit complex s;Jk:.: simp -..: too large for the existing area surrounding tib :p ':.:• Y. elopment . There are not enough access rods';' 2t "i -i -will be too much congestion, there will be too much overcrowding, not just in our schools, but on our streets, and in the neighborhood. As a result of this overcrowding, not only will the current residents surrounding:::::.the proposed development be affected, but inct:'tr:::esidents of Rolling Oaks will be adversely of:6: 6'. ed. ::;c,iensity figures suggested by Pulte Homes asp"*, adding ovgr 1000 people and well over 500 cars to thio neighborhogd, is simply too much. 2. Environmental >'city planners have already referred to advised in their report that Black Hawk Lake will undoubtedly be affected by the runoff from this development. Since assurances cannot be JOHN A. HALPERN & ASSOCIATES Thomas Egan, Mayor Council Members Ms. Pat dkda, Mr. Shawn Hunter Mr. Ted Wachter, anff"Ms. Sandra Masin November 19, 1996 ......... . Page 2 made by Pulte Homes that Black Hawk Lake will not be ruined as a result of this development, this proposal should be shelved. 3. Pulte Homes iziEinds:to destroy over 400 trees. While apparently thisexceed the guidelines set forth by the city plA­g-nersi:.*:..;xt does exceed what the residents in the surround ing".'.*` neighborhoods believe to be A reasonable. .......... proposing to destroy the topography and"'..n"iA ::::be'ddty of this area and a better plan could be submitted which will better protect and preserve the natural beauty of this area, and preserve the heart of this community. 4. The City of Eagan's own repot submitted in August of '196 by the Wallace Gro4p::.:�dn3:.r :ms that one of the biggest concerns of thP,----dx-U; 26*i�i�-'--'.-'�bf Eagan is the growing number of townhouses A�d apartme*:':n'ts. This City Council should take note of thi.s.:.*.:k-*-epiort:':-*based on its obligation to the citizens of Eagan, deny the proposal based on the fact that this proj5diftj--*.-*.,:::?:j3 not in the best interests of the city of Eagan. Thi*S*':::keighborhood Association is not opposed to a reasonable development -of this beautiful real estate. We welcome new neighborhoods and look forward to working with any developer who is willing to consider the thousands of neighbors who will be affected by this develop nh--:4, Look at this location oii**:*$ mai-,*,-.::.:** This proposal is really in the heart of Eagan. We bell'e"'Ve all'b"wing this to proceed will affect this community's heartyea: to come. ... ;F Since ely, William G. Cottrell WGC:maj MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota :-':November 19, 1996 A special meeting of the Eagan;.Cftjf:!%oitK. A. ..teld on Tuesday, November 19, 1996, at 5:30 p.m. at the Eagan Municipal Center building:;:;1?r5tr}€_iiiti;Ttrpt:j~gan and City Councilmembers Awada, Hunter, Masin and Wachter. Also present were Director %f' Par *'&-*: `' fthflon Was and City Administrator Hedges. The purpose of the meeting was to hold a jonkf4heeting with the Advisory Parks, Recreation & Natural Resources Commission and Park Bond Referendum Taisit#orce members. VISITORS TO BE HEARD Mayor Egan asked if there were any visitors to be heard. There was no one present. GENERAL DISCUSSION REODING SEPTEMBER 10 PARK BOND REFERENDUM Mayor Egan welcomed riembers dt:::the Advisory Parks, Recreation & Natural Resources Commission and those residents who senred:git the BoM-.*Referendum Task Force for the purpose of discussing the September 10 park bond referendum. HA . fyrfher . [ecognized those present, including Michael Vincent, John Rudolph, Stephen Thompson, Jerry Thomav;: i vi l ti;:R�iitlo(I;A. rn, Lynn Lewis, Lee Markell, Daryle Peterson and George Kubik. City Administrator Hedges b19*1, i:*ft-t:-erp tlicis ae of the meeting was for the City Council to have a general discussion as to why the September 10 park bond referendum was not successful and how the community can improve upon the process in its evaluation for future capital park improvement programs that might involve a need to consider a referendum. City Councilmember Hunter stated that he was, in;icontact with a large number of residents this past fall while campaigning for public office and concluded that.th".js no common thread as to why the park bond referendum failed. He stated that there were ,.�.; :+i ri :: 6(::i bsons expressed by the community. City Councilmember Masin stated that manyresidecita:W?ji:apprGched her were in support of the referendum; however, in those cases where people acknowledgeck: :iso -vote, they'. Weren't sure how the City was intending to use the money. She further stated that it may be helpfut.Whold a comilliunity meeting and ask for input. Mayor Egan stated that he was in agreement with City Councilmem6iir <iiikthaZ.there has not been a common reason for the denial. APRNRC Commission Member Rudolph sfated::lkt i people have shared with him a concern that they were unclear how the referendum proceeds would be used. He further stated that there was confusion about Caponi and apathy about any bond referendums given all the recent school bond referendums that have increased property taxes. Commission Member Thomas stated that in retrospect, the parcels that were to be acquired with referendum proceeds should have been specifically identified which in his opinion was a reason for denial and further stated that people have shared with him their concern about more taxes, the confusion around the Caponi issue, lights for parks and overall, an expression.0f.q:9eneral no.tp..the City. City Councilmember Hunter stated that he did not recall including lights as a part of tli: referttdut�S: iAFFiI�iC Commission Member Szott stated that there were a number of proposals, including ligt6*';:�ihich weCd::Dhginally proposed for the bond referendum, however, dropped before the recommendations were-Wesented i�':Oie City Council. City Councilmember Hunter expressed frustration that a great effort was made to present information through the newsletter and newspapers preceding the bond referendum and yet, people have ::GQrXimented:: ftt they were uninformed and not aware of the facts surrounding the referendum. Commission:ei`:Atisteiezt, tt3at the negative literature distributed prior to the referendum was damaging, using words sactt::teeliiess:iit'i(I;;}j, etc. He felt the organized "no" effort was misunderstood by the voter and greatly contributed to the unsuccessful referendum. APRNRC Member Szott again commented, stating that the purpose of the referendum should have been more specific and presenting a referendum during a national campaign when there are many issues at the state and federal level competed with the merits of the referendum. APRNRC Member ThompsoR.siaffk surprised there was no strong support on the City Council for the referendum, further commentiri . bat 'oneCoi0 ira Mt.(nber came out in opposition. APRNRC Member Vincent stated that there was so much delibiej;aiion during the S6ikr6er months regarding a date and amount for the referendum that time was limited to present reasons for the referendum to the community. City Councilmember Wachter stated that there is still concern it t" ughout the commuift. about proceeding ahead with the civic arena without a bond referendum. He further gt* ri.thst.he;wtote.:a•.4r to the editor to clarify City Councilmember Awada's request which suggested that the:i>jliiaFafi#O.:po fa portion of the Caponi property prior to the September 10 bond referendum. Page 2/Eagan Special City Council Meeting Minutes November 19, 1996 Commission Member Ahem -felt the date of the referendum was wrong, that being the primary. Mayor Egan stated that the referendum qu#t!bn would have been lost on the long ballot at the general election which was one of the reasons the ballot was'i icluded in the primary election in September. City Councilmember Awada clarified , stating the issue was a stanelorbe.:e4?�R, wo:.at some time different than the primary or the general elections. Commission Member AFtrrs:feita`aaso{irh:>i the people were left out by holding the bond referendum during the primary election. IVayo'r''I~gan 'stand:Miii °tfie statistical data analyzing the September 10 election indicates that many people voted OV -'hr the referendum. City Councilmember Wachter raised a question as to whether it would have actually been 6*"r to have held the election on an off-year rather than an even -year. Commission Member Thomas stated that the cask force tried very hard to present a need for the additional parks based on the fact there is limited land left for the community to include as parkland. He further stated that maybe the case was not presented well enough as to how the existing partes are currently developed and what impact the additional land would have on those parks. APRNRC Member Vincerii lffated that..F1B appreciates the ability to reflect on the referendum and suggested that the discussion include oppcttt ities for.:jtt future, such as a pool that was given strong support in the recent Wallace survey. City CouncilmeChbar MasiA:stated that it is her opinion that people want a water park facility for the community. Mayor Egan statk* * . at he id: ... agreement with Councilmember Masin. The challenge is how do we accomplish that objective with respect.lo other capital needs. City Councilmember Wachter stated that he would like to see the pool designed and Esillt:pri tla:lriterttihiJfilgpal site with a two-story parking lot on location. He further stated that the Council needs to''unife'aiii}'prt+ii;ee�' wife a Gear direction on these capital needs. City Councilmember Wachter further stated that our staff cannot chase a variety of issues without a united position by the Council. APRNRC Member Vincent asked if the City Council will continue to give consideration to central park sites that could include a number of community events, such e;; fireworks. City Councilmember Awada raised a question as to whether the City could support a park that.iS::tjed only for fireworks and other special events. APRNRC Member Kubik stated that in his opinion the: boed:iendum regarding the open space was considered a soft issue. He further stated that any further:drilc#:tfereitiauizrs need to include a message with reference to the cause and effect of a bond referendum. APRNRC Member i'hbmpson stated that it is time to move on and agreed with City Councilmember Wachter that the City.tteeds.to.focus'vn a use like the aquatic facility and present the value of the project to civic organizations, churches *ii ::6 r::i ommiAnity groups. APRNRC Member Markell stated that the community survey listed the need for open space as tki6:Mir.one objective for enhancement of City parks. He further stated that there should possibly be a further sunrey'tif tine community. APRNRC Member Kubik stated that a survey response is not always definitive, reflecting the attitude of the person surveyed at the moment. Commission Member Lewis stated that she would like the City Councilmember to at least reconsider a future bond referendum for open space. City Councilmember Hunter stated that he is convinced the City did not do anything wrong. This type of referendum is considered discretionary by many people and at this time, they were not willing to spend the additional money for park enhancements. In any event, the City needs to move on and evaluate other capital needs. City Councilmember Masin state¢:thtt..she ha$, r}ppreciated the discussion, finding the comments of value so the City does not repeat any mistal;:r::t#te apppdiion and presentation of future referendums. APRNRC Member Vincent agreed with Cttji*NC ncilni*j4WIVlasin, stating that something must have gone wrong when the Wallace survey ranked the de&::to acquki::rnore open space as the highest park objective of the community and support was received by the% APRNRC and by the City Council to hold the referendum. APRNRC Member Szott stated that it could be that p�tpfe see o:racks of land, such as the Bieter parcel, and feel there is more open space than actually exists in tli s gr7cltjcj .i ?::Qlw.pcilmember Awada stated that she feels there were some problems with how the City COlsncll: taiicrdirlstec:>i::i;liicess and approached the recent referendum, which hopefully can be eliminated in the future. Mayor Egan stated that the goal to purchase open space was never an issue; the objective to accomplish the goals was not fulfilled. He thanked everyone for the many months of hard work and officially acknowledged that the Bond Referendum Task Foroa tray Wpipleted its tasks as directed by the City Council. Ui�N;1F:... There being no further business, the meeting was adjourned at 6:30 p.m. Date City Clerk TLH MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota °November 25, 1996 he A special meeting of t8tt>;i rtj► Co0id1:- 6:kreld on Monday, November 25, 1996, at 5:00 ..... p.m. in the City Council Chambers. Present•i�ra 4iVtayo�fga :*4,6fty Councilmembers Awada, Hunter, Masin and Wachter. Also present were Director of Finottce VanOverbeke, Paul Donna, fiscal consultant from Springsted, Inc. and City Administrator Hedges. ::VISITORS TO BE HEARD There were no visitors to be heard. CITY COUNCIL MEETING City Administrator Hedges:*ted that:;a::$pecial City Council meeting is proposed for Wednesday, December 4 at 5:00 p.m. to meet with the;:M. RNRC O::discuss various park related items. In a motion by City Councilmember Wachter, seconded by Co::-bouncilm txtber Hunter, all members voting in favor, a Special City Council meeting was scheduled for Wednesday, Decemtser 4 at 5:00 p.m. BID AWARD G.O: M0Miifii{i k9n r7 - S, SERIES 1996A Paul Donna, Springsted, Inc., stated that the first bond sale was in the amount of $6,115,000 to provide funding for thirteen improvement projects which are now completed and assessed or will be in the near future. He stated that the General Obligation Improvement Bonds, Series 1996A received ten bids which is an extremely high number of bids for a G.O. improvement bond issue, .Mr. Donna stated that the low bidder is Harris Trust & Savings Bank at a true interest rate of 4.9918%. He .rAaWchat the interest rate estimated for this sale was 5.27°/x. City Councilmember Wachter asked for the defindoi ..:04 -ii; interest rate. Mr. Donna stated that this is the weighted interest rate over the life of the bon4.wo-m 1 :i^i'i ers the discount. After further review, in a fbbtior�.by. Wachter, all members voting in favor, a reViSW Improvement Bonds, Series 1996A to the low bidder, was approved. ?mber Awada, seconded by City Councilmember the sale of $6,115,000 of General Obligation .6pvings Bank, at a true interest rate of 4.9918% $350,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 1996B Mr. Donna stated that three bids were received with Norwest Investment Services, Inc. being the low bidder at a true interest rate of 4.3282% for the.$350,000 G,O; Equipment Certificates of Indebtedness, Series 1996B. He stated that the estimated interesl;.d y�tA08.` g;:: In a motion by City Coungidriiember Hri�, seconded by City Councilmember Awada, all members voting in favor, a resolution authorizing the sale of $350,000 General Obligation Equipment Certificates of Indebtedness, Series 1996B to Norwest In40inent Se s, Inc. at a true interest rate of 4.3282% was approved. $995,000 GENERAL OBLIGA NG BONDS, SERIES 1996C Mr. Donna stated that Norwest Investment Services, Inc. was the low bidder of six bids submitted for the $995,000 General Obligation State Aid Road Refunding Bonds, Series 1996C at a true interest rate of 4.2472%. He stated that the interest rate estimated for this sale was 4.55%, again emphasizing the excellent rate on this bond sale. In a motion by City Councildieiiiber Awe' iAAded by City Councilmember Wachter, all members voting in favor, a resolution autho,ijthe sale of $9;#f[?0 General Obligation State Aid Road Refunding Bonds, Series 1996C to the low bidder, Nor"bt Investment Servidea; Inc., at a true interest rate of 4.2472% was approved. Page 2/Eagan Special City Council Meeting Minutes November 25, 1996 Mr. Donna stated that MoaOs bond rating was Aa and Standard& Poors' rating was a AA- which are excellent ratings for the community. He p"'ftuted the strong ratings and a good showing in the market to the City's strong financial management, healthy Min'cial position and overall community wealth relative to the communities. Date ADJOUkNUEWT* There being no further W06*ws, the meeting was adjourned at 5:25 p.m. City Clerk TLH Agenda Information Memo December 4, 1996 Eagan City Council Meeting The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. Item 1. Resignation/Dispatcher-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Lynn Lipinski, a Dispatcher in the Police Department. Item 2. Civic Arena Manager -- ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended as the Civic Arena Manager. FACTS: Interviews for the vacant Civic Arena Manager position will be held on Monday, December 2. It is anticipated that the name of the person to be recommended for hire for this position will be given to the City Council at the meeting on Wednesday, December 4. Agenda Information Item December 16, 1996 Eagan City Council Meeting B. FINAL SUBDIVISION - EAGAN OAKS 2ND ADDITION - CITYWIDE DEVELOPMENT, INC. ACTION TO BE CONSIDERED: ► To approve a final subdivision for Eagan Oaks 2nd Addition consisting of 38 lots on 8.1 acres located in the SW corner of the intersection of Elrene Road and Yankee Doodle Road in the NE 1/4 of Section 14. FACTS: ► The development contract and financial guarantees have been reviewed and are in order. ATTACHMENTS: (1) Final Subdivision - page .1. •ww• Jew I PWAIN a i PWAIN Agenda Information Memo December 4, 1996 Eagan City Council Meeting 1 IN d;1411AV 21 ;31316 OWN 1 ► . / . ul ;1 �� 1; ACTION TO BE CONSIDERED: To approve the 1997 Joint Powers Agreement for the South Metro Drug Task Force, as presented. FACTS: • Since 1988, the City of Eagan has participated in a Joint Powers Drug Task Force with the cities of Apple Valley, Burnsville and Lakeville and Dakota County. The agreement to continue this effort in 1997 is in order for approval by the various governing boards at this time. ATTACHMENTS: • Agreement on pages through � L. 1997 JOINT POWERS AGREEMENT SOUTH METRO DRUG TASK FORCE The parties to this Agreement are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes 471.59. NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. Name. The parties did establish in 1988 and hereby maintain the South Metro Drug Task Force. 2. General Purpose. The purpose of this Joint Powers Agreement is to establish an organization to coordinate efforts to apprehend and prosecute drug offenders. 3. Members. The members of this Agreement shall consist of the following units of government.: City of Burnsville City of Eagan City of Apple Valley City of Lakeville Dakota County 4. State and Local Assistance for Narcotics Control Program. The City of Burnsville, acting on behalf of the South Metro Drug Task Force and its members, shall apply for funding under the State and Local Assistance for Narcotics Control Program ("grant funds"). The Burnsville City Manager shall be the "authorized official" as defined in the general policies and procedures for the program. 5. Administrative Board. 5.1 The governing board of the Task Force shall be a Board consisting of six members. The police chief or sheriff of each party shall appoint one board member to serve at the chief s or sheriffs pleasure. The Dakota County Attorney Page 1 shall appoint one board member to serve at the County Attorney's pleasure. Board members appointed by the police chiefs and sheriff must be full-time supervisory peace officers of the jurisdiction or office that appoints the Board member. 5.2 Board members shall not be deemed employees of the Task Force and shall not be compensated by it. 5.3 In January of each year, the Board shall elect from its members a chair, a vice -chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. The Board may adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Board provided that at least ten (10) days' prior notice of the meeting has been furnished to each Board member. The Board shall operate by a majority vote of all members present. A quorum of four (4) members shall be required for all meetings. 6. Powers and Duties of the Board. 6.1 The Board will formulate a program to carry out its purpose. 6.2 The Board will coordinate intelligence between the members and the Task Force. 6.3 The Board shall appoint and supervise the Agent -in -Charge of the Task Force. (a) The Board may appoint and supervise an Assistant Agent -in -Charge of the Task Force. This appointment will be with the concurrence of the agent's member agency. 6.4 The Board may cooperate with other federal, state, and local law enforcement agencies to accomplish the purpose for which it is organized. 6.5 The Board may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of its purpose and consistent with its powers. 6.6 The Board shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following information: (a) the financial condition of the Task Force; (b) the status of all Task Force projects; (c) the business transacted by the Task Force; and Page 2 (0 (d) other matters which affect the interests of the Task Force. 6.7 The Task Force's books, reports, and records shall be open to inspection by its members at all reasonable times. 6.8 The Board may recommend changes in this Agreement to its members. 6.9 The members may not incur obligations or enter into contracts that extend beyond the term of this Agreement. 6.10 The Board may decide to purchase liability insurance which shall be payable from Task Force funds. 6.11 The Board may receive real or personal property by grant, devise, or bequest for the use of the Task Force. 7. Finances. 7.1 The members intend to fund the 1997 cost of operation of the Task Force totaling $477,524.00 as follows: (1) $193,000.00 from 1997 grant funds, and (2) $284,524.00 in matching funds from member cities and County. The matching funds shall fund the continued cost of maintaining the replacement officers hired during 1988 for the officer assigned by each member to the Task Force. All funds will be spent in federally authorized program areas. 7.2 The Task Force's funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board shall designate the City of Burnsville to act as depository for the Task Force's funds. In no event shall there be a disbursement of Task Force funds from the City of Burnsville depository without the signature of the Task Force secretary/treasurer. 7.3 The Board shall receive a monthly financial report of all expenditures and receipts, and current fund balances from the secretary/treasurer. 7.4 The members shall contribute their grant funds and required matching funds to operate the Task Force. The required matching funds from each member will be used to pay the 1997 salary of the officer hired in 1988 to replace the officer assigned to the Task Force. 7.5 The Board shall adopt a budget based upon grant funds, member matching funds and money made available from other sources. The Board may amend the budget from time to time. 7.6 The Board may not incur debts. Page 3 7.7 The Task Force's obligation to reimburse members for any expense, furnish equipment, and the like is contingent upon the Task Force receiving at least $193,000.00 in grant funds in 1997. If grant funds less than that amount are received, the Board may reduce the level of expense reimbursement and cut back on equipment and other purchases otherwise required by this Agreement. 8. Agent. 8.1 Each member shall assign one experienced, licensed peach officer to serve on the Task Force on a full-time basis. 8.2 Agents shall not be employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be paid by that member, not the Task Force. 8.3 Agents will be responsible for drug investigation, including intelligence management, case development, and case charging. Agents will also assist other agents in surveillance and undercover operations. Task Force agents will work cooperatively with assisting agencies. 8.4 Agents will be supervised by the Agent -in -Charge or, in his/her absence, by the Assistant Agent -in -Charge. 8.5 The member appointing the Agent shall furnish the Agent a weapon and a vehicle and pay any lease payments, insurance, maintenance, and operating costs of the vehicle. 8.6 The members shall maintain the officer positions hired in 1988 to replace the officer assigned to the Task Force. 9. Agent -in -Charge and Assistant Agent -in Charge. 9.1 From the Agents assigned by members, an Agent -in -Charge shall be appointed by the Board and serve at its pleasure. The Agent -in -Charge must be a full-time, licensed peace officer of a member and shall be paid a supervisor's salary by that member. The difference between the rate of pay, if any, the Agent -in -Charge would normally have received from the member and the rate of pay for the member's first line supervisor, however, will be paid by the Task Force. The Agent -in -Charge shall remain an employee of the member city or County. 9.2 The Agent -in -Charge shall be in charge of the day-to-day operation of the Task Force, including supervising the Task Force's assigned personnel, subject to direction received from the Board. The Agent -in -Charge is responsible for staffing, scheduling, case assignment, case management, record keeping, Page 4 informant management, buy fund management, petty cash management, and intelligence management. The Agent -in -Charge will be responsible to keep the Board updated as to the Task Force's activity, which would include major case development within member jurisdictions. The Agent -in -Charge will supervise the drafting and execution of all search warrants initiated by the Task Force Unit and will work cooperatively with the agencies with venue over the case. The Agent -in -Charge will be responsible for all buy fund monies and petty cash funds and will provide Board members with a monthly accounting of all funds disbursed and a written summary of activity with the unit. 9.3 The Agent -in -Charge may exclude Agents from further Task Force involvement subject to review by the Board and approval of the member that assigned the Agent to the Task Force. 9.4 From the Agents assigned by members, an Assistant Agent -in -Charge may be appointed by the Board, with the concurrence of the Agent's member agency, and serve at its pleasure. The Assistant Agent -in -Charge must be a full-time, licensed peace officer of a member and shall be paid a supervisor's salary by that member only during that time that the Agent -in -Charge is absent. The difference between the rate of pay, if any, the Assistant Agent -in -Charge would normally have received from the member and the rate of pay for the member's first line supervisor, however, will be paid by the Task Force. The Assistant Agent -in - Charge shall remain an employee of the member city or County. 9.5 The duties, responsibilities and authority of the Assistant Agent -in - Charge, while the Agent -in -Charge is absent, shall be the same as the Agent -in - Charge as described in paragraph 9.2. 10. Forfeiture, Seizures and Fines. Items that are seized by the Task Force may be used to support Task Force efforts. The use of these items must be approved by the Board. In the case of Federal forfeiture actions, established Federal Rules shall be followed. All remaining forfeited items shall be divided equally among Task Force members. Fine or restitution monies ordered paid to the Task Force by Court Order shall be used to offset equipment or operating costs of the Task Force not funded by grant or matching funds. 11. Headquarters. The Task Force is physically located in separate offices at the City of Burnsville, which is provided at no cost to the Task Force: All utilities, including electricity, heat, air conditioning, and the like shall also be furnished to the Task Force without cost. 12. Indemnification. Each member shall fully indemnify and hold harmless the other members against all claims, losses, damage, liability, suits, judgments, costs and expenses by reason of the action or inaction of its employees assigned to the Task Force. This agreement to indemnify and hold harmless does not Page 5 constitute a waiver by any member of limitations on liability provided b) Minnesota Statutes, Chapter 466. 13. Duration. 13.1 This Agreement shall take full force and effect when all five potentia; members, listed in paragraph 3 of this Agreement, sign it. All members need nol sign the same copy. The signed Agreement shall be filed with the City of Burnsville, who shall notify all members in writing of its effective date. With the exception of paragraph 4 of this Agreement, implementation is also contingent upon receipt of grant funds. Prior to the effective date of this Agreement, any signatory may rescind its approval. 13.2 This Agreement shall terminate on December 31, 1997, unless extended by further written agreement of the parties. 13.3 This Agreement may be terminated at any time by the written agreement of 3/5 of the members. 13.4 Upon termination of this Agreement, all property of the Task Force shall be sold or distributed to the members in proportio:i to the contributions of each member of this Agreement. IN WITNESS WHEREOF, the undersigned governmental unit., by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes 471.59. Approved by the City Council Approved by the City Council Page 6 CITY OF LAKEVILLE By Date of Signature Attest Date of Signature CITY OF BURNSVILLE By Date of Signature Attest Date of Signature Approved by the City Council Approved by the City Council Approved by Dakota County Board Resolution No. 96-669 Dakota County Attorney's Office Dakota County Judicial Center 1560 West Highway 55 Hastings, Minnesota 55033 Telephone: (612) 438-4438 C/K96-325 • Attest Date of Signature CITY OF APPLE VALLEY By Date of Signature Attest _ Date of Signature COUNTY OF DAKOTA LM Don Gudmundson, Sheriff Date of Signature Approved as Form:{ By Assistant County Attorney Date of Signature i//-� 15, CP Approved as to Execution by By _ Assistant County Attorney Date of Signature Page 7 I Agenda Information Memo December 4, 1996 Eagan City Council Meeting D. HAULER LICENSE FOR CONSTRUCTION DEMOLITION DEBRIS WASTE MANAGEMENT SAVAGE & WALTER'S RUBBISH INC. ACTION TO BE CONSIDERED: To approve construction/demolition debris hauler licenses for Waste Management Savage and Walter's Rubbish Inc. as presented. FACTS: + Earlier this year, the City Council adopted an ordinance amendment requiring that construction'demolition debris haulers be licensed. The City contacted all known haulers in this service area and the Building Inspections Division advises contractors of this need as part of the permitting and inspection process. As a consequence, a number of applications are being received on an ongoing basis. • Licensees approved for the remainder of 1996 will also receive their licenses for 1997. ATTACHMENTS: • Application forms enclosed without page number. E. APPROVE NEW OV4'NERSHIP - OFFSALE LIQUOR LICENSE MGM SPIRITS EXPRESS INC. ACTION TO BE CONSIDERED: To approve a change in ownership for an offsale liquor license from MGM Liquors to MGM Spirits Express, Inc. FACTS: + At the time liquor license renewals were presented to the Council at its November 19 meeting, MGM Spirits Express submitted a request for a change in ownership for their offsale liquor license. The license renewal was approved without formally acknowledging this change. The new corporate entity is subject to the same conditions and investigation requirements of all other license holders. Staff has reviewed the application and it is in order for consideration by the Council. ATTACHMENTS: + Memo from Chief of Police Geagan regarding the transfer of ownership enclosed N"ithout page number. + Application form enclosed without page number. Agenda Information Memo December 4, 1996 Eagan City Council Meeting "OWN au IV132 1,11910V 1:4�1 19,11111 Pilo[ ACTION TO BE CONSIDERED: To confirm the findings of fact, conclusions and resolution of denial for Pulte Homes' application for a preliminary planned development and preliminary subdivision for Rolling Oaks subdivision, including additional findings directed at the Council meeting of November 19. FACTS: At its meeting of November 19, the City Council denied the above referenced applications and adopted findings of fact, conclusions and a resolution in its regard. The Council also identified additional findings to be included in the document. They are listed under the findings of fact, item 6. j and k. ATTACHMENTS: Findings of fact, conclusions, resolution and attachments on pages t� through l 3 W BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Pulte Homes of Minnesota for a Preliminary Planned Development and a Preliminary Subdivision for Rolling Oaks Subdivision FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION On September 24 and October 22, 1996, following publication of notice to the public, the Advisory Planning Commission of the City of Eagan conducted public hearings to consider the application of Pulte Homes of Minnesota for a change in zoning to preliminary planned development and a request for a preliminary subdivision for Rolling Oaks Subdivision. The applicant's representative appeared at the public hearings and spoke in favor of the request. During the public hearings, the Advisory Planning Commission received and considered staff and citizen input, planning reports and other background information. Following the public hearings, the Advisory Planning Commission voted 3 to 2 to recommend approval of the petitioner's requests. The matter then came before the Eagan City Council at its November 19, 1996 meeting. The Council received, considered and discussed the October 22, 1996 Advisory Planning Commission recommendation, input from staff, residents and planning reports, together with all files, records and prior proceedings and the input of the applicant's representative and citizens at the November 19, 1996 Council meeting. Based upon all the files, records, prior proceedings and input which was presented at the meetings, the Council makes the following Findings of Fact, Conclusions and Resolution: FINDINGS OF FACT 1. This matter is properly before the Eagan City Council. 2. The proposed preliminary planned development and preliminary subdivision consists of approximately 116 acres of land and the development of 490 dwelling units on the property shown attached as Exhibit A. 3. The applicant's proposal is for a mixed development of 412 clustered multi family homes and 78 single-family homes as shown on Exhibit B. 4. The property is currently designated as D -II (0-6 units per acre) under the land use plan of the City's comprehensive guide. 5. The property is currently zoned A (agricultural) and RB (roadside business). 6. Issues have been raised throughout the process and there remain legitimate but unanswered concerns regarding: a. Increased traffic congestion on Deerwood and Diffley Roads, caused by the multi family residents of the development. b. Environmental issues including adequate storm water drainage, degradation of Blackhawk Lake (a Class 1 lake under the City's water quality plan) and storm water ponding. C. Clustering of multi -family homes which concentrate too many people and too many structures into the southwestern portion of the site. 2 J d. Multifamily structures which are signifearitly larger then adjacent housing, such that tha structass are out of character to the surrounding e. An ovearebundar= of multi -family housing in this area and in the City as a whole. The City already wmeeft the Livable Communities Act standards for multi fsrrily housing. A recent canvnunity survey conducted by the City Council indicates no desire or need for additional multi -family housing in the City, at this time. f. This area of the City may be appropriate for singf s -family housing by reason of its topography, school location and potential traffic patterns. g. The mandatory environmental assessment worksheet is not complete. h. Neighborhood residents have expressed their opinion that construction of the 412 multi -family homes and the clustering of those homes will have a negative imped or) their residential property values. i. The subject property, as currently zoned and guided, provides a viable economic use of the property. j. Additional f1ndIN3 Include: Of ti-* City's current Musing, 54% is single-family and 46% Is multi family. k William CottrelCs letter of November 19, 1Is attached and Incorporated herein. s ONUwZiuns 1. This matter is properly before the Eagan City Council. 2. The effects of this development will not be harmonious with the adjacent residential neighborhoods and, as a result, the applicant's proposal will: a. Tend to lower the property values of adjacent residential neighborhoods. b. Change the existing character of the adjacent residential neighborhoods by reason of the mass of the structure of the multi family homes. C. Have the potential to: (1) increase traffic congestion on Diffley Road and Deerwood Drive beyond reasonable standards; and (2) possibly increase problems with storm water drainage, Blackhawk Lake degradation and storm water ponding. 3. The area may be appropriate for single-family housing by reason of its topography and school location. 4. The land retains a viable residential use. 5. By the greater weight of the record and information presented, it is hereby determined by the City Council of the City of Eagan that approval of the preliminary planned development and the preliminary subdivision is not warranted. 6. Additional conclusions include: RESOLUTION The City Council of the City of Eagan does hereby resolve that the applicant's request for a preliminary planned development and a preliminary subdivision to allow mixed residential development of 72 single-family homes and 412 clustered multi family homes is hereby denied. Dated at Eagan, Minnesota this 19th day of November, 1996. CITY OF EAGAN By: Thomas A. Egan Its: Mayor By: E.J. VanOverbeke Its: City Clerk R EXHIBIT A if i , i x fill, _f I1 7. i. EXHIBIT B - - •• i !m TL6x 1 mar: - /� �:.�« (Z:<*,..:�lx >.. esu •... a L" � � e� {V-If ���i..� � " c�:: �+] �� ✓• +� ti/-�� ..- 1 r,..N c. z~ �`� 1!•'�".' . 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' � � (.� i t.' ..w.0 •o...:un`rk».». y.- • � '•rtiw. a . .i � � _ ' IF SEND BY: 11-25-96 ; 16s36 ; 5E1fERS SFID.DON-+ ii• iV �� i6.i1 L.,'1�.\ LJ\N.7AM 1 HLY • BVI-I�.i�• Ir AVON A. IUd.RRON *16L1+10 a. 1;d1' Mm" Na*OLC S. 110e112 .1&0194 V. Ntba R-9496 JOHN A. HALPtpW ATTonw elle asaa VLVW*UTj. 612 681 4612;# 9/10 iw.tr..l rrr www *IIMNCAPOUS. 841MnIRsaTA 0040it-1544 erea,,,µt November 19, 1996 fall A+A-STD! Tbowas Agan, 14ayar Council 146mbsra Us. Pat Awada, Kr. Shawn meter, Mr. Ted Wachter, and Mg. S&ndra Maoin Catty of Cagan 3830 Pilot Knob >d Eagan, NN 55222 1M1' Proponed Pults Hams■ Dsv'elopssh Dear Mr. hg", Nm. &vada, Mr. Hunter, Mr. Wachter, and Mg. 14asin: Ao a resident of Ragan for the past Six years, as a tax payer, and as A cltlxen interested in the well-being of this community, and as a representetive for the neighborhoods surrounding tihie develOPm4nt, Including, but not limited to the following: Deer000d, Deerwood ponds, Black Hawk Fonds, Cutters, Chatterton, Kingswood, Caahell Glen, Hidden Valley, I can assure you that thera is overwhelming oppaairion to the development of a 490 unit "village• at the location;propoeed by Pulte Homes (which, by the ►vty, in one of the iaot remaining beautiful, Undeveloped areas in Ragan). We are not opposed to reasonable d*veloyment on this ProPBrty• in "Ccrdence with the COMPrehansive planning Guide, which matte the rules and regulations of thv City of So an, the =dcounty of Dakota, d the State of Mnnesota . However, for rang reasorw, we do not balimm that the project proposed by Pulte domes is ac"ptable to the Citizens of Ragan. Some of the weasone for our opposition are an follows: I. Overcrowding in this particular area of Sagan. .A 490 - =it cc uplex is simply too 3-Arga for tho existing ,area aurroueding the prapoRed development. Thera ares not mough access roads, there will ba too couch congestion, there will be too much overcrowding, not Suet in our schools, but an our str*ats, and in the neighborhood. Ag a result of this overcroydi49, not only will the current residents Surrounding the Proposed development be affected, but indeed the residents of Rolling Oaks, will be advvreely affected. The density tigure6 suggested by Pulte Homes aside, adding over loop People and well over 500 cars to this neighborhood, is simply too much. 2. Environmutal problems. Tht city planners have already referred to this problem a.11d have Adviaed in their report that Black Hark Lek■ w -":L umdoubtsd].y be affected by the runoff from th#a developmenteirtce aeaur4=aa canwe be a I 6 2 432 3780 11-25-95 04:49PM P009 #45 SENT BY- _ _ _ _ _ 11-25-96 ; 16:36 ; SEYERSON S ELDON 612 681 4612;#10/10 -JOHN A. HAI.PERN A A9L8OCjATrg Thomas Egan, Mayor Council Members Ms. P8t ,Asda, Mx. Shawn Hunter Mr. 'Ted Wachter, and Ms. Sandra Masin November 19, 1996 Page 2 made by Pulte xoms that HlaCk Hawk Lake will not be Xuined as a result of this devslopatent, this proposal should be ahelved. Pul" Hsmws ittteride to destroy over too trees. WMle epPaxent ly this does not exceed the ids l ines met forth by the city platers, it does exceed what the resiclants in the surrouadirig 404 —hborhoods believe to be vn roasable►. Pulte H=0015 proposing to destroy the topography and natural b"uty of this area and a better Plan could be submitted which will better protect and Preserve the natural beauty of this area, and pre se rye the heart of this community. 4. The City of Eagan r s awn rhport submitted in August of 196 by the Wallaos Craw$ confirms that one Of the biggest concerns of the Citizens of Eager is the growing nunber of towahouse:s and apartments.. This City Council should take mote of this report based an its obligation to tha citizens of Sagan, and should deny the proposal based = the fact that this proposal is not in the beat interests of the city of Eagan, This Neighborhood Assoeiatiarn is not apposed to a reasonable desvelopmant .of Chia beiauritul COAl estate. NO welcome new neighborhocdes and look forward to working with any developer who is willing to consider the thbusands of neighbors who will be affscted by this develop =t. Look at this location on a sap. This proposal in raally in the heart of Eagaln. We i&liave allowing this to PrOC*Sd x111 affect thin Cotronunityt s 8inoo ,YYr heart os to emu. William G. Cotteeil Ww : spa j R-94% ;� - 0--� 612 432 3760 11-25-96 04:49PM P010 #45 Agenda Information Memo December 4, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To authorize staff to proceed with further investigation of a wetland banking opportunity in Eureka Township (Dakota County), including an evaluation of the technical feasibility of the project and an identification of the City's share of the cost of purchasing bank credits. FACTS: Some projects undertaken by the City of Eagan in the future are likely to cause unavoidable impacts to jurisdictional wetlands. As project sponsor, the City of Eagan will be responsible for mitigating these impacts in a manner consistent with the Wetland Conservation Act. Wetland banking can provide a cost-effective, procedurally efficient means of mitigating these impacts. It involves creation or restoration of a viable wetland in advance of causing impacts. The "credits" generated can then be "withdrawn" as unavoidable impacts are incurred until the credits are used up. City water resources staff have conducted an evaluation of wetland banking opportunities within the corporate boundaries of the City of Eagan. Almost 130 parcels were evaluated. Based on the results of this study, there is very limited potential to find an area within the city that is both environmentally suitable and financially reasonable for use as a wetland bank within the city limits. A wetland banking opportunity has emerged in rural Dakota County that offers the possibility of generating a low-cost, technically feasible source of banking credits for the City of Eagan. The Advisory Parks, Recreation, and Natural Resources Commission reviewed the proposal at its November 18, 1996 meeting and voted unanimously to recommend to the City Council that staff be given authorization to proceed with further investigation of this opportunity. BACKGROUND A copy of a memo to the APRNRC describing in more detail the background on this issue, wetland banking opportunities in Eagan, and the wetland banking opportunity in Eureka Township is attached. , 2 TO: ADVISORY PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: STATUS OF WETLAND BANKING PROJECT INVESTIGATIONS DATE: NOVEMBER 11, 1996 For some time, staff have been searching for cost-effective, environmentally sound methods of wetland mitigation that might be required in the future as a result of unavoidable wetland impacts caused by City -sponsored projects, such as development of parks, construction of city streets, etc. Staff have completed an investigation of opportunities to restore or create wetlands within the city limits as a means of meeting wetland mitigation options through wetland "banking" and wanted to share this information with the Commission. In addition, staff has found what it believes is a viable wetland banking opportunity outside the City of Eagan that merits additional investigation and is requesting that the Commission support authorization by the City Council to investigate this opportunity in more detail. Wetland banking involves the creation or restoration of a viable wetland in advance of causing impacts which require mitigation in the form of replacement wetland. The "credits" generated by the "banked" wetland can then be "withdrawn" as unavoidable impacts are incurred until the credits are used up. The Wetlands Conservation Act (WCA) requires that impacts in the Metro area be mitigated on a 2:1 basis, so we need twice as many credits in the bank as the area of wetlands we expect to impact. One big advantage of wetland banking is that there is the potential to generate significant economies of scale. The unit costs of constructing small replacement wetlands are generally much higher than the unit costs of constructing large wetlands. In addition, banking is a much more efficient way to meet the processing requirements for wetland impacts. Thus, there are financial as well as procedural advantages to developing a wetland bank. reff,15=111 0=1 11771 R In 1995, city water resources staff worked with a wetlands consulting firm and Dakota County to conduct a search for potential wetland creation/restoration sites that could be used for a bank. The first phase of the search focused on lands owned by the City of Eagan in an effort to reduce the land acquisition component of total cost. In addition, the search focused on parcels that would allow creation of 2 or more acres of wetland. In all, 100 parcels were evaluated. The results of the office survey indicated that 91 parcels were rated as having poor potential for wetland creation, 7 parcels as fair, 1 parcel as good, and 1 parcel as very good. Further investigation, including field visits, revealed difficulties in developing any of the sites. A a� number of factors contribute to the lack of good opportunities for wetland creation/restoration in Eagan. The steep topography adjacent to many wetland basins makes it very difficult and expensive to expand those basins to create additional wetland area. In addition, upland areas adjacent to these basins are often heavily wooded. Finally, areas of hydric soils that have already been filled or drained - generally the easiest areas to restore the conditions necessary to re- establish a wetland - often have permanent structures on them such as buildings, roads, utilities, etc. that can't be re -located cheaply. The best site on City -owned land for wetland creationtrestoration appears be a parcel located just south of Westcott Road in Wandering Walk park. A hydric soil unit about 3 acres in area has been covered with fill. The depth of fill has been estimated at 4 feet. Because the fill would have to be removed to expose the hydric soil unit, excavation would be needed. At $2/cubic yard, excavation costs alone would be almost $13,000 per acre. In addition, a significant amount of storm sewer and detention basin work would be necessary to generate water in sufficient quantity and of sufficient quality to generate the hydrology necessary to sustain the wetland. While the project has some merit, it is of marginal enough financial feasibility to warrant a look at other options. In 1996, City staff initiated an effort to look at private parcels for wetland banking potential. Twenty-eight sites were evaluated. After office evaluation and field review, only two sites were ranked as having good potential. While both sites had some technical merit for establishing a wetland, land acquisition costs alone were estimated at about $45,000/acre for one parcel and $30,000/ acre for the other. Banking credit information released from the Minnesota Board of Water and Soil Resources in December 1995 indicated that banked credits were selling for $500-$15,000/acre. In addition, information flour the Dakota County Soil and Water Conservation District indicates that the Dakota County Highway Department considers $10,000/acre to be a reasonable value to pay for creating or purchasing wetland banking credits. These figures provide a useful yardstick against which to measure how reasonable the prospective costs of creating "bankable"' wetlands in Eagan are. These cost comparisons and other information presented in the project reports indicate there is very limited potential to find an area that is both environmentally suitable and financially reasonable for use as a wetland bank within the Eagan city limits. Staff have indicated informally to the Dakota County Soil and Water Conservation District that we would be interested in knowing about potential wetland banking opportunities that arise in areas of Dakota County outside the City of Eagan. One such possibility has emerged in an agricultural area of Eureka Township approximately 5 miles south of Lakeville, where restoration of a drained wetland currently under cultivation could generate 20-35 acres of bankable wetland and upland buffer area. This opportunity is noteworthy for several reasons. First, the project would involve restoration of a large historical wetland that is currently drained by a file line. These types of projects are as both cheaper than creating a wetland "from scratch" in an upland area and have a high probability of success. The SWCD's wetland specialist has very roughly estimated the cost at $7,000 - $9,000/acre, although there are a number of variables that could affect this unit cost. In addition, the landowner is very cooperative because he sees establishment and permanent protection of the wetland as compatible with his long-term development plans for the area which involve construction of single family residences on large (5-10 acre) lots. Finally, a number of other parties (including the Dakota County Highway Department and the Board of Water and Soil Resources) are interested in this project as well. These entities are experienced in wetland banking projects, and would provide partnership opportunities for splitting the costs (and benefits) of establishing the wetland bank. Staff requests d ai the Commission forward a recommendation to the City Council authorizing staff to proceed with further investigation of the wetland banking opportunity in Eureka township, including an evaluation of the technical feasibility of the project and an identification of the City's share of the cost of purchasing banking credits. Rich Brasch Water Resources Coordinator CC. Ken Vraa Agenda Information Memo December 4, 1996 H. PROJECT 712 SURREY HEIGHTS - STREETLIGHTS ACTION TO BE CONSIDERED ON THIS ITEM: To receive a petition and authorize the preparation of a feasibility report for Project 712 (Surrey Heights - Streetlights). FACTS: The City has received a petition from 73 property owners representing 168 properties (43%) requesting the installation of public neighborhood streetlights. This petition has been reviewed by staff and found to be in order for Council consideration of authorizing the preparation of a feasibility report to define the scope of the project, estimate the cost and propose a method of financing to be presented at a subsequent public hearing. ATTACHMENTS: • Petitioner's location map, page 6W ail 10 COUNTY HWY. NO. 28 (YANKEE DOODLE RD.) 60' ;out mom on moo � S. GR OU1L0T A C>4 ENO n M � �. Wo R R� O 415.35' ROYAL, OAK CIRCLE 3RD ADD. 0 0 100 11-22-96 = PROPERTIES PETITIONING FOR STREETLIGHTS ( 43% OF TOTAL PROPERTIES,-;:� q ) Agenda Information Memo December 4,1996 I. PROJECT 668, LONE OAK RD ACTION TO BE CONSIDERED ON THIS ITEM: Authorize the preparation of a feasibility report for Project 668 (Lone Oak Road - Lexington Avenue to TH 149/55). FACTS: In accordance with the current 5 -year CIP (1997-2001), the upgrading of County Road 26 (Lone Oak Road) from Neil Armstrong Boulevard through the TH 149/55 intersection has been programmed for 1997. It would be appropriate for the City Council to authorize the preparation of a feasibility report to define the scope of the improvement, estimate the costs and identify the financing plan. J. PROJECT 713, DENMARK AVE. TIMBERSHORE ADDNS & PILOT KNOB HTS. ADDNS ACTION TO BE CONSIDERED ON THIS ITEM: Authorize the preparation of a feasibility report for Project 713 (Denmark Ave, Timbershore Additions & Pilot Knob Heights Additions - Street Overlay). FACTS: In accordance with the current 5 -year CIP (1997-2001), the overlay of Denmark Avenue, Timbershore Additions & Pilot Knob Heights Additions has been programmed for 1997. It would be appropriate for the City Council to authorize the preparation of a feasibility report to define the scope of the improvement, estimate the costs and identify the financing plan. K. PROJECT 663, VALLEY VIEW PLATEAU ACTION TO BE CONSIDERED ON THIS ITEM: Authorize the preparation of a feasibility report for Project 663 (Valley View Plateau - Street & Utility Reconstruction). FACTS: In accordance with the current 5 -year CIP (1997-2001), the street and utility reconstruction of Valley View Plateau has been programmed for 1997. It would be appropriate for the City Council to authorize the preparation of a feasibility report to define the scope of the improvement, estimate the costs and identify the financing plan. 5 Agenda Information Memo December 4, 1996 L. -PROJECT 714. DONALD AVE ACTION TO BE CONSIDERED ON THIS ITEM: Authorize the preparation of a feasibility report for Project 714 (Donald Avenue - Street Overlay). FACTS: In accordance with the current 5 -year CIP (1997-2001), the street overlay of Donald Avenue has been programmed for 1997. It would be appropriate for the City Council to authorize the preparation of a feasibility report to define the scope of the improvement, estimate the costs and identify the financing plan. M. PROJECT 715, HEINE STRASSE ACTION TO BE CONSIDERED ON THIS ITEM: Authorize the preparation of a feasibility report for Project 715 (Heine Strasse - Street Resurfacing). FACTS: In accordance with the current 5 -year CIP (1997-2001), the street resurfacing of Heine Strasse has been programmed for 1997. It would be appropriate for the City Council to authorize the preparation of a feasibility report to define the scope of the improvement, estimate the costs and identify the financing plan. N. PROJECT 716, KUTOFF COURT ACTION TO BE CONSIDERED ON THIS ITEM: Authorize the preparation of a feasibility report for Project 716 (KutoffCourt - Street Reconstruction). FACTS: In accordance with the current 5 -year CIP (1997-2001), the street reconstruction of Kutoff Court has been programmed for 1997. It would be appropriate for the City Council to authorize the preparation of a feasibility report to define the scope of the improvement, estimate the costs and identify the financing plan. 3D Agenda Information Memo December 4,1996 O. CONTRACT 97-02 - COACHMAN WTR TREATMENT FACILITY ACTION TO BE CONSIDERED ON THIS ITEM: To authorize plans, specifications, and advertisement for a bid opening to be held at 2:00 p.m. on December 30, 1996, for Contract 97-02 (Coachman Road Water Treatment Facility - Operational Repairs). The washdown and disposal system for the iron and manganese sludge tanks, along with the recycling isolation valves, have worn out beyond economical repair. In the approved 5 -Year CIP (1996 - 2000), this repair work has been programmed during the 1996-97 winter season. Because the estimated cost of repairs requires the advertisement for competitive bids, these plans are being presented to the City Council requesting such authorization. P. CONTRACT 97-01, CLIFF RD RESERVOIR ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications and authorize the advertisement for a bid opening to be held at 10:00 a.m. on December 27, 1996, for Contract 97-02 (Cliff Road Reservoir - Disposal). FACTS: With the completion of the 1996 Comprehensive Water Supply & Distribution Plan, it has been confirmed that the existing 2.0 million gallon (MG) water reservoir on Cliff Road at ChesMar Drive is no longer useful to the City's water system. On November 5, the City Council authorized the preparation of plans for this contract by KLM consultants. These plans have now been completed and are being presented to the Council for consideration of authorizing advertisement for competitive bids. Z'I Agenda Information Memo December 4, 1996 O. CONTRACT 97-01, EMERGENCY VEHICLE PRE-EMPTION SYSTEM ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution requesting MnDOT to participate in the financing of the City's Emergency Vehicle Pre-emption (EVP) System for signals on the State Trunk Highway and/or Interstate system. FACTS: The next available funding program is Fiscal Year (FY) `98 (July 1 `97 to June 30 `98). This program could finance up to approximately $125,000 of the City's overall program costs. ATTACHMENTS: Resolution, page L. MnDOT signal location map, page RESOLUTION REQUESTING STATE PARTICIPATION IN THE CONSTRUCTION AND INSTALLATION OF EMERGENCY VEHICLE PRE-EMPTION (EVP) SYSTEMS AT ALL STATE TRUNK HIGHWAYS & INTERSTATE RAMPS IN THE CITY OF EAGAN WHEREAS, the City of Eagan is proposing to construct EVP systems at all signalized intersections with the City; and WHEREAS, the State of Minnesota Department of Transportation participates in the funding of EVP systems based on the same ratio as the construction of traffic signals. NOW, THEREFORE, BE IT RESOLVED, that the City of Eagan hereby requests the State of Minnesota Department of Transportation to participate in an equitable manner in the cost of the construction of said EVP systems as a part of the Municipal Agreements (AM) program for FY 1998 (July 1, 1997 - June 30, 1998). CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution as duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 4th day of December, 1996. E.J. VanOverbeke 33 MnDOT TRAFFIC SIGNALS ( 26 LOCATIONS ) MEND 0TA HEIGHTS WTERSTATE 494 ~— NTERSTATE 494 GE►maN /3) —� (2/4) Ty (2/4) 1I S I � I (3/4) 6� (2/4) LOW OAK ROM co. RQ. ze LANE oAlf ROM (2/4) (2/4) X (3/3) � ?y � I I g � I = (2/4) (2/4 CO. RD. 2a YAgO=E DOODLE ROM (2/4) I � d < ` I 2/4 (2/3) ol+o w 2r I ( (2/4) C Z I SLIER BELL WESCOTT RD. IRD CITY HALL I 3830 PILOT KNOB RD. OR (2/4) (2/4) I (2/4 DFFLEY ROAD CO. RD. 30 � I ri i P(2 o o �x (2/-) I CLFF RD. If CO. RD. 32 (2/4} I I(2/4) 2/4) 2/4) & i �i I (2/3) APPLE VALLEY ROSEAIOWT EAGAN, MINNESOTA Q a 11-19-96 ( X/X) = MnDOT LEGS/TOTAL LEGS Agenda Information Memo December 4, 1996 R. CONTRACT 96-13, SLATER ROAD - SIDEWALK ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #I to Contract 96-13 (Slater Road - Sidewalk) and authorize the Mayor and City Clerk to execute all related documents. FACTS: Contract 96-13 provided for the installation of a concrete sidewalk along the west side of Slater Road adjacent to the Whispering Woods Additions. Due to the cold temperatures and wet conditions which existed towards the end of this year's construction season, the contractor has requested and City staff is in agreement with the contractor's request to extend the final completion date for the restoration items identified under this contract from November 9, 1996 to June 1, 1997. This completion date time extension does not result in any change in the contract amount. S. CONTRACT 96-15, MEADOWVIEW RD - UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 96-15 (Meadowview Road - Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 96-15 provided for the installation of utilities along Meadowview Road west of TH 13. • During field construction activities, rock was encountered for the sanitary sewer and storm sewer construction which was not found during the preliminary soil borings. The rock excavation work required the rental of a rock bucket for the contractor's backhoe. This additional work resulted in an increase to the contract of $1,170.15. • During the construction of a sanitary sewer manhole adjacent to the existing sanitary sewer and lift station, it was discovered that 26 linear feet of existing sanitary sewer line had a severe settlement. The contractor was hired on a time and materials basis to repair this settlement. This settlement repair results in an increase of the contract of $1,067.18. • The total increase in the contract price for this change order is $2,237.33. Agenda Information Memo December 4, 1996 T. CONTRACT 96-02, WELL #18 SITE IMPROVEMENTS ACTION TO BE CONSIDERED ON TffiS ITEM: To approve Change Order #3 to Contract 96-02 (Well Site #18 - Site Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 96-02 provided for the restoration and site improvements associated with the installation of Well #18 located south of Cliff Road adjacent to the Cliff Road Water Treatment Facility. The original contract documents provided for a final completion of Contract 96-02 of August 1, 1996. Contract Change Order #2 extended the substantial completion and final completion dates from July 1, 1996 and August 1, 1996 to September 30, 1996 and October 15, 1996, respectively. Due to the cold and wet conditions which existed in October in combination with the previous contract completion date extensions authorized, the contractor has requested and City staff is recommending approval of an extension of the final completion date from October 15, 1996 to June 1, 1997. This extension and final completion date does not result in any change in the contract price. LN Agenda Information Memo December 4, 1996 U. PROJECT 695 YANKEE DOODLE RD RIGHT-OF-WAY STIPULATION OF DISMISSAL AGMT ACTION TO BE CONSIDERED ON THIS ITEM: To approve a Resolution of the City of Eagan adopting Stipulation of Dismissal with Prejudice and Order For Release of Funds as to respondent Loral Corporation resolving the amount due Loral Corporation for right-of-way acquisition associated with the Yankee Doodle Road improvements. FACTS: • Additional right-of-way was required from Loral Corporation for the widening of Yankee Doodle Road west of Pilot Knob Road. • As a part ofthis right-of-way acquisition, the City hired an appraisal to determine the benefit of the right-of-way acquisition from Loral Corporation. • The City's appraised amount for the right-of-way acquisition was determined to be $79,800. • The City of Eagan deposited a check in this amount payable to the District Court administrator as required by the eminent domain process. • After extensive negotiations with the property owner, the City Attorney's Office is recommending that the City Council accept a settlement amount of $92,276 for the condemned property. ATTACHMENTS: Stipulation of Dismis5al Agreement, pages through . Resolution, page 4/,,2- . J� STATE OF MINNESOTA COUNTY OF DAKOTA City of Eagan. a Minnesota municipal corporation. Petitioner, V. Case Type 2. Condemnation DISTRICT COURT FIRST JUDICIAL DISTRICT COURT FILE NO.: C3-96-7984 STIPULATION OF DISMISSAL WITH PREJUDICE AND ORDER FOR RELEASE OF FUNDS Loral Corporation, a New York corporation; Scenic Enterprises. Inc.. a Minnesota corporation; Northwest Airlines. Inc., a Minnesota corporation; Norwest Bank Minnesota. N.A.; Town Centre Professional Partnership, a Minnesota general partnership: Signal Bank. Inc.. a Minnesota corporation; Rovick Realty Company. a Minnesota Partnership: David P. Rovick: Red Robin International. Inc., a Nevada corporation; Treasure's Island. Inc.. a Minnesota corporation; Federal Land Company, a Minnesota general partnership; IDS Certificate Company, a Delaware corporation: CNL Income Fund II, Ltd., a Florida limited partnership: John Doe and Mary Roe. Respondents. WHEREAS, the above -entitled action is a condemnation matter involving property located in the City of Eagan. County of Dakota, State of Minnesota, and legally described as Lot 1, Block 1, UNISYS PARK 2ND ADDITION, Dakota County, Minnesota; and WHEREAS, Respondent Loral Corporation has amended its Articles of Incorporation and is now known as Lockheed Martin Tactical Systems, Inc. and it is the fee owner of said property; and Page2/ STIPULATION OF DISMISSAL WITH PREJUDICE AND ORDER FOR RELEASE OF FUNDS AS TO RESPONDENT LORAL CORPORATION WHEREAS, Respondent Scenic Enterprises has an interest in the above -referenced property as Easement Holder; and WHEREAS, Respondent Northwest Airlines, Inc. has an interest in the above -referenced property as Easement Holder; and WHEREAS, by Order of this Court dated June 20, 1996, the City of Eagan acquired title and possession of the property it condemned on March 29, 1996; and V6'HEREAS, the City of Eagan deposited its check payable to the District Court Administrator of the above District Court in the amount of Seventy-nine Thousand Eight Hundred and no/100 (579.300.00) Dollars for the benefit of Respondents Loral Corporation (now known as Lockheed Martin Tactical Systems, Inc.), Scenic Enterprises, Inc. and Northwest Airlines. Inc. NOW, THEREFORE. in consideration of the mutual promises herein set forth. the parties expressly agree and stipulate to the following: 1. The parties stipulate that the above -entitled matter has been fully compromised and settled and therefore it is hereby stipulated and agreed between the attorney for the Petitioner and the Respondents Loral Corporation (now known as Lockheed Martin Tactical Systems, Inc.), Scenic Enterprises, Inc. and Northwest Airlines. Inc. that the above -entitled matter may be and the same hereby is dismissed with prejudice and without costs to either party and the Administrator of the aforementioned Court is hereby authorized and directed to dismiss this said action as to Respondents Loral Corporation (now known as Lockheed Martin Tactical Systems, Inc.), Scenic Enterprises, Inc. and Northwest Airlines, Inc. with prejudice and without costs of record, provided that the Petitioner's and Respondent Lockhead Martin Tactical Systems, Inc.'s obligations under Section 3(a) -(g) of that certain Right of Entry Agreement dated June 14, 1996, shall remain in full force and effect during the construction of the improvements which are the subject to this condemnation action. 2. The Petitioner will pay to Respondent Loral Corporation (now known as Lockheed Martin Tactical Systems, Inc.), Ninety-two Thousand Two Hundred Seventy-six and no1100 ($92,276.00) Dollars for the condemned property, which amount is hereby acknowledged. �9 Page3/ STIPULATION OF DISMISSAL WITH PREJUDICE AND ORDER FOR RELEASE OF FUNDS AS TO RESPONDENT LORAL CORPORATION Dated Dated: 3. The parties will obtain an Order from the Court releasing the deposit amount, plus interest, to Petitioner, City of Eagan. 4. The Respondent Lockheed Martin Tactical Systems, Inc. will convey to Petitioner the Easement attached hereto as Exhibit "A". 1996. SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. .1996. By: Robert B. Bauer, #227365 By: Michael G. Dougherty, #134570 Attorneys for Petitioner, City of Eagan 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (612) 432-3136 LOCKHEED MARTIN TACTICAL SYSTEMS, INC. F/KIA Loral Corporation I: Its: Dated: , 1996. SCENIC ENTERPRISES, INC., a Minnesota corporation Dated: EN Its: 1996. NORTHWEST AIRLINES, INC., a Minnesota corporation By: _ Its: q (D Page4/ STIPULATION OF DISMISSAL WITH PREJUDICE AND ORDER FOR RELEASE OF FUNDS AS TO RESPONDENT LORAL CORPORATION Based on the aforementioned Stipulation, it is hereby ordered: 1. That the above -referenced action is hereby dismissed with prejudice as to Respondents Loral Corporation (now know as Lockheed Martin Tactical Systems, Inc.), Scenic Enterprises, Inc. and Northwest Airlines, Inc. without an award of costs and disbursements. 2. That the District Court Administrator shall release the sum of Seventy-nine Thousand Eight Hundred and no/100 ($79,800.00) Dollars together with all accrued interest, which had been previously deposited by Order of this Court dated June 28, 1996, and shall issue said check to the Petitioner, City of Eagan. Dated: , 1996. JUDGE OF DISTRICT COURT SENT BY: 612 432 3780 11-26-96 : 16:33 : SEVERSON SHEL.DONI- 681 4694:# 2/ 2 RESOLUTION OF THE CITY OF EAGAN ADOPTING* STIPULAXION OF SETTLEMENT WHEREAS, on or about March 29, 1996, the City of Eagan commenced a condemnation action against property owned by Loral Corporation (now known as Lockheed Martin Tactical Systems, Inc.) to acquire right -of --way, utility as well as temporary construction easetnents over, under and across a portion of the property legally described as Lot 1, Block 1, UNISYS PARK 2ND ADDITION; and WHEREAS, the City of Eagan deposited its appraised value with the District Court (Court File No. C3-96-7984) in the principal amount of Seventy-nine'lhousand Eight Ilundred and no/100 Dollars ($79,800.00) for the benefit of Respondent, Loral Corporation (now known as Lockheed Martin 'Tactical Systems, Inc.); and WHEREAS, the parties to this case have settled the condemnation dispute according to the terms attached in the attached Stipulation. NOW, THEREFORE, HE IT RESOLVED the Eagan City Council hereby adopts the attached Stipulation resolving this condemnation action and authorizes the Mayor and City Clerk to execute the Stipulation on the City's behalf. Datcd: ATTEST: By: E. J. VanOverbckc Its: City Clerk CHN OF lr/AGAN 13y: 'lhomas A. Egan Its: Mayor r Agenda Information Memo December 4, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: 1. To close the public hearing and set the levy and budget considerations for action at the December 16, 1996 meeting OR 2. Continue the public hearing to 7:00 p.m., Wednesday, December 11, 1996 (Continuation date must be announced if the hearing is continued.). FACTS: • The cite is required by state law to hold this truth in taxation public hearing to consider the 1997 payable tax levy and the 1997 budget. • Parcel specific notices showing the comparison of actual 1996 taxes to projected 1997 taxes have been sent to each property owner in the city. • In addition to the mailed parcel specific notices. published notice is also required. Those notices which invite property owners to attend the public hearing have been published in the Eagan This Week, Eagan Sun Current and Dakota County Tribune. The legal requirement is for publication in a newspaper which is circulated throughout the City. The City's final levy and final budget cannot be adopted at the truth in taxation public hearing or at the continuation hearing if one is held. They must be adopted at a subsequent meeting which this year is a regular City Council meeting on December 16, 1996. • The City's tax capacity rate for the truth in taxation notices is 21.682 (excluding transit) compared to the 1996 rate of 22.139. The transit tax rate is 2.818. • The City has received four telephone calls and one letter based on the notices. The letter and two of the calls were directly related to the transit tax. One call was a general complaint regarding a $15,000 valuation change and Minnesota property taxes in general. We have exchanged messages on the final call, consequently, the exact nature of the call has not been determined. • Staff is preparing handout material for the public hearing which can be used at the meeting or mailed to any interested property owners. ATTACHMENTS: Comparative summaries of revenues and expenditures are enclosed on pages 4-� through. 4 3 97REVSUM 1997 BUDGET GENERAL FUND COMPARATIVE SUMMARY OF REVENUES General Property Taxes Licenses Permits Intergovernmental Revenues Charges for Services Recreation Charges Fines & Forfeits Other Revenues Program Revenues Transfers TOTAL GENERAL FUND 09/01/96 1994 1995 1996 1997 Original 826/96 9/3/96 Ami Act" Buda et Estimate Revision Revision $ 8,754,716 $ 9,272,291 98,595 105,591 934,911 812,975 1,732,434 2,082,154 943,041 757,268 311,768 320,436 154,958 240,710 355,932 501,236 923,450 134.112 721,640 121.246 $ 10,251,700 $11,109,300 $10,910,100 $10,908,300 98,400 118,900 118,900 118,900 611,600 594,300 594,300 594,300 1,916,500 2,045,400 2,045,400 2,045,400 459,600 620,700 620,700 620,700 294,600 326,600 326,600 326,600 200,000 200,000 200,000 200,000 329,700 289,400 289,400 289,400 770,200 717,600 717,600 717,600 149,600 14M00 149,000 130,900 $ 14.343.917 $ 14-235,54Z 935.547 $ 15.061.900 $16.17= $1 q7 000 $15.952.1 D0 �A q 97EXPSUM.WK4 GENERALFUND COMPARATIVE SUMMARY OF EXPENDITURES GENERAL 01 GOVERNMENT Mayor and Council 02 Administration 03 Data Processing 05 FirwmICity Clerk 06 Legal 07 Community Development 10 Cable TV 11 Police 12 Fire 21 Engineering 22 Streets and Highways 24 Central Services Maintenance PARKS AND RECREATIO 31 Parks and Recreation 32 Forestry GENL GOVT BUILDING M 33 Building Maintenance 41 Contingency - Undesignated Contingency - Designated TOTAL GENL FD EXPENDITURES 09101/96 8/26/96 Adjustments: 1. Remove 112 clerical -Engineering (16,300) 2. Remove 12 Herman Miller furniture (32,900) 3. Reduce designated contingency (150000) Sub -total Reductions (199,200) REVISED TOTAL 515-972.000 5.9°% Prelim Admin Actual Actual Budget Budget Recommd Increase 9/3196 Increase 1993 1994 1995 1996 Jul 96 to 97 Revision 936 to 97 $83,630 $94,169 $94,700 $98,200 $101,300 3.2% $104,600 6.5% 483,502 546,772 563,600 616,900 659,200 6.9% 657,100 6.5% 331,824 324,016 373,500 381,500 497,000 30.3% 496,200 30.1% 745,758 842,602 847,900 890,600 893,700 0.3% 890,200 -0.0% 355,283 241,302 315,800 315,800 315,800 0.0% 315,800 0.0% 1,323,238 1,298,735 1,256,200 1,284,800 1,361,200 5.9% 1,338,600 4.2% 66,$Z2 74.910 78-8W 32,200 33.800 5.0% 1,5,700 -51.2% 3,390,107 3,422,506 3,530,500 3,620,000 3,862,000 6.7% 3,818,200 5.5% 4,433,416 4,709,532 5,024,500 5,442,700 5,711,800 4.9% 5,711,800 4.9% 814.080 808.408 851.000 888,500 917,700 3.3% 878,200 -1.2% 5,247,496 5,517,940 5,875,500 6,331,200 6,629,500 4.7% 6,590,000 4.1°% 774,102 810,010 866,200 902,400 950,300 5.3°% 925,000 2.5% 880,468 859,530 966,800 961,300 1,045,600 8.8% 1,045,600 8.8% 372.000 371,684 327 400 34&600 365.500 5.5% 365,500 5.5% 2,026,570 2,041,224 2,160,400 2,210,300 2,361,400 6.8°% 2,336,100 5.7% 1,639,795 1,839,429 1,953,200 2,074,300 2,184,200 5.3°% 2,184,200 5.3% 124.816 176.292 181.300 191.400 212.900 11.2% 212-900 11.2°% 1,764,611 2,015,721 2,134,500 2,265,700 2,397,100 5.8°% 2,397,100 5.8°% Q Q 366,300 455.6Q0 497.100 9.1% Ale7.100 9.1% 0 0 366,300 455,600 497,100 9.1% 497,100 9.1% 0 108,000 198,200 199,100 199,100 0.0°% 199,100 0.0% Q Q Q Q 225.0D0 ERR 114.500 ERR 0 108,000 198,200 199,100 424,100 113.0°% 313,600 57.5°% 512.428.784 513.105.391 514.265.400 515.081.900 16,171,200 7.2°% 515.952.100 5.8°% 8/26/96 Adjustments: 1. Remove 112 clerical -Engineering (16,300) 2. Remove 12 Herman Miller furniture (32,900) 3. Reduce designated contingency (150000) Sub -total Reductions (199,200) REVISED TOTAL 515-972.000 5.9°% Agenda. Information Item December 4, 1996 Eagan City Council Meeting B. CEDARVALE SPECIAL SERVICE DISTRICT - 1997 BUDGET ACTION TO BE CONSIDERED: IN. To approve or deny the 1997 proposed Cedarvale Special Service District budget. FACTS: ► The proposed budget for 1997 is $11,792.30. This budget contains no change and no increase from 1996. The budget includes the second year payment of the pylon sign (6,792.30), sign maintenance (2,000), and continued mowing and maintenance (3,000) ► Current 1996 expenditures are within budget and those final figures will be available in January 1997. ► Based on changes in the overall calculation of all properties included in the district, individual tax bills may fluctuate from the 1996 bill. ► A neighborhood meeting was held on September 10, 1996 to discuss the proposed 1997 budget and 1997 work plan. Approximately 15 members of the district were in attendance. At that meeting the Cedarvale Task Force presented its proposed 1997 budget. No increase or change was proposed for the second year of the three year sign payoff. The Task Force felt it was appropriate to begin planning for any new initiatives now for year three and beyond. ATTACHMENTS: (1) Q Hearing notice to district members - pagesA:jthru v . 4 Lr city of eagan TO: Members of the Cedarvale Special Service District FROM: . Shannon Tyree, Planner DATE: November 22, 1996 MEMO SUBJECT: Public Hearing Notice: Proposed 1997 Cedarvale Special Service District Budget. The public hearing for the Cedarvale Special Service District Budget is scheduled for: Date: December 4, 1996 City Council Meeting Time: 7:00 pm Location: City of Eagan City Council Chambers In August and September notices for a neighborhood meeting were sent and the meeting was held on September 10, 1996. At that meeting the 1997 proposed budget was discussed and the Special Service District Task Force recommended no change in the budget. The Task Force felt that because the cost of the pylon sign was spread over three years (beginning in 1996) that 1997 should not be changed or increased in any way. The budget sent to the Council for its approval contains no change and no increases from last years budget. The Special Service District is within budget for 1996 and those final figures will be available in January 1997. It should be noted, based on changes in the overall valuation of all properties in the district individual tax bills may fluctuate from the 1996 bill. The attached sheet indicates projected 1997 Special Service District tax rates. In 1997, the Task Force will be looking at potential ideas for the district. If you are interested in joining the Task Force or have questions or comments please contact me at 681-4687. /attachment ESTIMATED BUDGET Mid -price sign, pay over 3 year term. Year 2, 1997 CEDARVALE SPECIAL SERVICE DISTRICT ESTIMATED COST SIGN INTEREST 8.00% 1997 1999 SIGN TERM 3.00 years SIGNAGE 15,700.00 6,792.30 0.00 MOWING 3,000.00 3,000.00 3,000.00 SIGN MAINTENANCE 2,000.00 2,000.00 2,000.00 11,792.30 5,000.00 ASSESSMENT PER 1000 0.00084 0.00035 1997 1999 Business 1996 LAND 1996 BLDG 1996 TOTAL SOD TAX SDD TAX U -Haul 10-01900-010-03 70,500.00 43,000.00 113,500.00 94.94 40.25 Superior Collision 10-13700-010-01 88,500.00 266,500.00 355,000.00 296.95 125.91 Sherwin Williams 10-13700.020-01 80,700.00 161,600.00 242,300.00 202.68 85.94 Motec Transmission 10-13700-040-01 87,100.00 37,700.00 124,800.00 104.39 44.26 Mediterranean Cruise 10.13700-050-01 68,400.00 65,500.00 133,900.00 112.00 47.49 Old Dominos 10-13700-060-01 41,200.00 48,100.00 89,300.00 74.70 31.67 Old Crown Auto 10.13700470-01 53,700.00 151,300.00 205,000.00 171.48 72.71 House of Wing 10-01900.100-08 78,400.00 95,700.00 174,100.00 145.63 61.75 Sinclair 10-01900-010-08 152,400.00 34,900.00 187,300.00 156.67 66.43 Ace Hardware 10-01900-020-08 25,500.00 74,500.00 100,000.00 83.65 35.47 Null's 10-01900-030-08 38,300.00 27,700.00 66,000.00 55.21 23.41 Prowire 10-01900.040-08 35,600.00 31,000.00 66,600.00 55.71 23.62 Sara Self Self Laundry 10-01900-050-08 25,900.00 34,100.00 60,000.00 50.19 21.28 Valley Bike and Ski 10-01900-080-08 55,500.00 111,900.00 167,400.00 140.03 59.37 Goodyear 10-01900-070-08 74,100.00 147,600.00 221,700.00 185.45 78.63 Colonial Pride Car Was 10-01900-090-08 58,800.00 57,900.00 116,700.00 97.62 41.39 fender Kollege 10-01900-020-07 88,200.00 148,000.00 236,200.00 197.57 83.77 AWR 10-01900-080-06 51,700.00 113,100.00 164,800.00 137.85 58.45 Sick fid Kara 10-01900-011-07 21,700.00 98,300.00 120,000.00 100.38 42.56 Cedarvale Mail 10-01900-051-06 1,007,300.00 1,122,800.00 2,130,100.00 1,781.76 755.48 Fust Star Bank 10-01900-010-06 214,300.00 235,700.00 450,000.00 376.41 159.60 Cad Off Pamarto Trust 10-16850-031-01 18,800.00 101,900.00 120,700.00 100.96 42.81 Cad Off vac 10-16850-040-01 4,200.00 0.00 4,200.00 3.51 1.49 Cad Off Vac 10-16850-050-01 4,300.00 0.00 4,300.00 3.60 1.53 Cod Off Ellingson 10-16850-081-01 12,100.00 56,000.00 68,100.00 56.96 24.15 Cod Off DC Realtors 10.16850-123-01 12,600.00 76,100.00 88,700.00 74.19 31.46 Cad Off Translnt7(Miller) 10-16850.122-01 10,300.00 52,700.00 63,000.00 52.70 22.34 Cad Off 001 10-01900-071-06 15,600.00 16,300.00 31,900.00 26.68 11.31 Cad Off P. Becker 10-01900-072-06 23,500.00 14,700.00 38,200.00 31.95 13.55 Cad Off R. Fuller 10-01900-073-06 14,600.00 8,900.00 23,500.00 19.66 8.33 Ced Off A Paymar 10-01900-074-06 23,500.00' 21,200.00 44,700.00 37.39 15.85 Norwest Bank 10-16901-040-01 64,000.00 210,400.00 274,400.00 229.53 97.32 Jansen's Supper Club 10.16901-030-01 117,500.00 228,900.00 346,400.00 289.75 122.86 Texaco 10.16901-020-01 97,300.00 58,300.00 155,600.00 130.15 55.19 Splatball Indoor 10-01900-050-04 84,000.00 , 243,400.00 327,400.00 273.86 116.12 Ariens 10-01900-020-04 88,600.00 103,400.00 192,000.00 160.60 68.10 Express Donuts 10-01900-010-04 90,000.00 71,400.00 161,400.00 135.01 5724 Twin City Poultry 10-01900-030-04 75,500.00 212,500.00 288,000.00 240.90 102.14 Cedarvale Lanes 10-16901-010-01 269,200.00 530,800.00 800,000.00 669.18 283.73 Mc Donalds 10-01700-020-54 139,900.00 280,500.00 420,400.00 351.65 149.10 Silver Beg Center 10-08100-010-01 572,500.00 352,500.00 925,000.00 773.73 328.07 MEI 10-13520-020-01 21,600.00 98,600.00 120,200.00 100.54 42.63 Copiers/Fax 10.13520-010-01 54,600.00 5,800.00 60,400.00 50.52 21.42 Instant Testing 10-01900-020-12 79,800.00 76,900.00 156,700.00 131.07 55.58 Pet CI6tic 10-01900-030.12 77,000.00 131,000.00 208,000.00 173.99 73.77 Gleason Gym 10-01900-011-11 364,000.00 78,500.00 442,500.00 370.14 156.94 D.P. Photo/ Lumber 10-01900412-11 87,100.00 22,300.00 109,400.00 91.51 38.80 Big Top 10-72840-020-01 48,700.00 120,300.00 169,000.00 141.36 59.94 Cedarvale Highlands 10-72840-010-01 345,200.00 2,434,800.00 2,780,000.00 2,325.39 985.98 10-01900-011-02 125,000.00 0.00 125,000.00 104.56 44.33 State of MN 10-19000-020-27 0.00 0.00 0.00 0.00 0.00 10-16850-060-01 6,700.00 0.00 6,700.00 5.60 2.38 10-16850-082-01 3,600.00 0.00 3,600.00 3.01 1.28 Marsha Ellingson 10-16850-090-01 7,200.00 0.00 7,200.00 6.02 2.55 10.16850-111-01 6,400.00 0.00 6,400.00 5.35 2.27 TOTAL 5,382,700.00 8,715,000.00 14,097,700.00 11,792.30 5,000.00 These are only cost estimates. The final numbers will be based on Assessed 96, Payble 97 valuation figures, the final sign plan and budget approved at the Public Hearing. Please phone Shanno Tyree (681-4687) with any corrections. Agenda Information Memo December 4, 1996 ACTION TO BE CONSIDERED: To approve or deny a clarification of architectural materials for Precision Tune to add a red neon stripe to the exterior of the building for property located at the southwest corner of Pilot Knob Road and I -35E. FACTS: ► Precision Tune is part of a two building Planned Development includes the Phillips 66 station. A Final Planned Development was approved for Precision Tune in July of this year. ► The Precision Tune building elevation plans showed a prefinished metal red "energy strip" on the building exterior. The plans did not indicate that the stripe would include neon which would be illuminated at night. No, Adding neon to the Precision Tune building adds a new architectural element which is not consistent throughout the Planned Development. ► At their regular meeting on November 26, 1996, the APC discussed this clarification and recommended approval. BACKGROUND/ATTACHMENTS: APC minutes of November 26, 1996, to be forwarded with additional information on Monday. Staff memo, letter from architect and building elevations, pages rSQ through - ..i —city of eagan TO: Chair Mark Miller Advisory Planning Commission Members FROM: Pamela Dudziak, Associate Planner DATE: November 21, 1996 SUBJECT: Clarification of Architectural Materials Precision Tune MEMO In July of this year, Precision Tune received Final Planned Development approval to construct a six -bay Precision Tune Auto Center at the southwest corner of Pilot Knob Road and I -35E. Precision Tune is part of a two building Planned Development which includes the Phillips 66 station. The Precision Tune building elevation plans showed a prefinished metal red "energy stripe" on the building exterior. The plans did not indicate that the stripe would include neon which would be illuminated at night. The architect has indicated it was their intention that the red stripe would include neon, but the Final Planned Development plans did not specify that. Since the exterior materials of the Phillips 66 do not include neon, adding neon to the Precision Tune building adds a new architectural element which is not consistent throughout the Planned Development. Staff would like the APC to review and make a recommendation regarding the addition of neon to the building's red stripe. If the APC recommends approval of this clarification, it will be forwarded to the City Council for their action. To recommend approval or denial of the clarification of architectural materials for Precision Tune to add a red neon stripe to the exterior of the building. November 19, 1996 Attn: Pam Dudziak Planning Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Precision Tune 35E and Pilot Knob Road Due to some miscommunication between myself and the Owner, plans that were reviewed by the Planning Commission and the City Council were not clear and specific about our plans to install a single tube of neon on the exterior of this building, Plans stated "energy stripe" at the building's exterior but the words "neon" were not indicated although they were intended. This Is an oversight on our part, so we come back before you with better clarification and a specific request. We are requesting on behalf of Precision Tune the addition of one single tube of neon -15mm (1 //2") wide. The neon tube would be clear during the day (allowing the red metal band to show through It). When illuminated at night the neon would be red in color. The neon tube would be placed centered on the red metal band referred to as the "energy stripe" and would be continuous around the building following the energy stripe when it jogs off horizontally, as shown on the attached colored elevation. We consider this to be a minor element change to the architecture of the building; an enhancement to the building and in no way detrimental to the surrounding properties. We hope that upon your review you concur with our assessment and can make a positive recommendation to the City Council. Respectfully Submitted, DMD/Id cc: Dean Johnson, Precision Tune 5 2324 UNIVERSITY AVENUE • SUITE 109 • ST. PAUL. MN 55114 . 612-641-1339 . FAX 641-0149 b riri�rri� IAfyA'L..� .ry��A• �A11 �7 r 3 J■ i 7�� f i .fA1�JAr �Z P PREcifflom Tml � � 00 a rear RL "a#^ w i � wu w +vim �s MYY imp ' u .uu � sum D PREcifflom Tml � � 00 a rear RL "a#^ w Agenda Information Memo December 4, 1996 eat ��.- '_-s_U �. &�► J. 1 t_ ACTION TO BE CONSIDERED: P. To approve or deny a Conditional Use Permit to allow a pylon sign. I. To approve or deny a Conditional Use Permit to allow outdoor storage of rental trucks. ► To approve or deny an amendment to the conditional use permit issued in 1994 to allow a) storage of vehicles to be located on the southeast portion of the lot, b) concrete storage bins to be located on the northeast portion of the lot, and c) an increase in the maximum number of vehicles stored outside from 20 to 30. ► To approve or deny an amendment to the conditional use permit issued in 1995 to allow a) auto repair service for vehicles having a payload rating of up to two tons, b) outdoor storage and display of new and used tires, and c) outside vehicle repair. FACTS: The property is zoned General Business, and is surrounded to the north, east and south by single-family residences, and industrial property to the west across Hwy. 13. In 1994, Johnson's Richfield Sod and Blacktop Company began operating on this property and they have provided building and site improvements since that time. A conditional use permit was issued in 1994 allowing the outside storage of trucks and landscaping materials on this property. In 1995, another conditional use permit was issued allowing an auto accessory sales and service facility. During a complaint investigation earlier this summer, city staff found that certain physical conditions of the property were not in compliance with several conditions of the 1994 and 1995 conditional use permits. The owners corrected many of the violations and applied for amendments and additional conditional use permits for the other items. The Site Plan dated 9/25/96 shows the site development as proposed in the amendments and new conditional use permits as requested by the applicant. ► The APC conducted public hearings on these proposed Conditional Use Permits at its regular meetings on October 22, 1996 and November 26, 1996, and recommends the following: Approval of the conditional use permit for a pylon sign subject to the conditions outlined in the October 22, 1996 APC minutes. 54 Approval of the conditional use permit to allow outdoor storage of rental trucks subject to the conditions outlined in the minutes of the November 26, 1996 APC meeting. Approval of the amendments to the conditional use permit issued in 1994 allowing the relocation of the storage bins and vehicle storage areas, and allowing the storage bins to remain of concrete material, but not allowing an increase in the number of vehicles, and limiting the number of storage bins to what was originally approved in 1994 (ten), subject to the conditions outlined in the minutes of the November 26, 1996 meeting. Approval of the amendment to the conditional use permit issued in 1995 allowing an increase in the size of vehicles allowed to be serviced from 3/4 ton to two tons, and outdoor storage and display of new and used tires, but not allowing outside vehicle repair, subject to the conditions outlined in the minutes of the November 26, 1996 meeting. ISSUES: The neighbors opposed to the application discussed previous conditional use permits pertaining to the property which would have required a landscape buffer to be installed on the east side of the property and that such a buffer would have helped alleviate the problems of noise and fumes. After lengthy discussion of the site layout, the APC determined that moving the storage bins to the location approved in 1994 would not eliminate the perceived problems for the objecting neighbors, and may result in additional impacts to other neighbors. In addition, the APC determined that the existing location of the bins and vehicle storage areas result in safer site circulation than the original layout approved in 1994. To mitigate the impact of noise and fumes to adjacent properties, the Johnson's agreed to the APC recommendation to provide additional landscaping and/or fencing for screening and buffering on the east side of the property and restrictions on the hours of operation. The APC directed the applicant to prepare a landscape plan for this purpose for staff and City Council review and approval. BACKGROUND/ATTACHMENTS (3): APC minutes of October 22, 199%i,�to be G �(APC minutes of November 26, 1 forwarded with additional information on Monday. Staff report, pages (e.2 through 3-4 ,( Letters and information submitted by neighbors and the applicants, pages � through l , Additional information will be forwarded on Monday. i S� Page 14 October 22, 1996 ADVISORY PLANNING CONMSSION PUBLIC HEARINGS CONDITIONAL USE PERIVIITS JOHNSON'S RICHFIELD BLACKTOP Chairman Miller opened the next public hearing of the evening regarding Conditional Use Permits to allow a pylon sign, outside storage of rental vehicles and amendments to the conditions of the conditional use permits issued in 1994 and 1995. These requests pertain to property legally described as Lot 5, Block 3, Letendre Second Addition located at 3206 Sibley Memorial Highway in the SWV4 of Section 9. Associate Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in the City staffs planning report dated October 17, 1996. Ms. Dudziak noted the background and history, the existing conditions and the surrounding uses of the subject property. Ms. Dudziak further outlined the City staffs evaluation of the applicant's request for the various conditional use permits. Loren Gross, attorney for the applicant, Johnson Richfield Blacktop, stated that the applicant has no objection to the conditions recommended by City staff with the exception of Condition No. A-3. He requested that Condition A-3 be revised to allow the pylon sign height and dimension be that of the City Code requirements, specifically allowing it to be 125, not 80 square feet in area. Mr. Gross reasoned that the applicant submitted a sign elevation showing 80 square feet without knowing what the signs actual dimension will be. John Todd, attorney for Mr. and Mrs. Ron Miller and Mr. and Mrs. Tim Green, both property owners within 300 feet of the site, stated that the Millers and Greens opposed the requested amendments to the 1994 conditional use permit and 1995 conditional use permit. Mr. Todd stated that the applicants have failed to comply with the 1994 and 1995 conditional use permits and thus there is no. reason to believe they will comply with any conditions of a new conditional use permit. Mr. Todd stated that the applicants put a industrial use on the property as opposed to a landscape business as proposed under the previous conditional use permits. Mr. Todd stated that the Millers and Greens do not object to a pylon sign provided it is not lit at night and have no objection to the U -haul truck rental business on the site. Mr. Todd further stated that his clients do not object to a landscape business on the site but object to the location of the storage bins where they currently are located and proposed under the conditional use permit amendments. Citing City Code Section 11. 10, Subd. 14(d), Mr. Todd stated that any loading areas within 300 feet of a residential use shall have no detrimental affect is not met with the applicant's proposal. He stated that the noise and dust from the loading of rocks with the heavy equipment on the site is sG Page 15 October 22, 1996 ADVISORY PLANNING COIvMSSION detrimental to his clients. Mr. Todd stated that his clients have stated that trucks have been running and loading rock as early as 6:00 a.m. and as late as 9:00 p.m. A resident of 3170 Sibley Memorial Highway stated that she lives directly next door to the applicant and shares a common driveway with them. She stated that when she purchased her house a year ago, Johnson was just going in at that time. She stated that although at first she had some reservations, it has turned out that the applicant has been an excellent neighbor. She stated that the applicant has installed screening and berming as they said they would and that she has never heard any noise or smelled any diesel fumes from the business. The resident noted that she does not understand how the Millers or Greens can determine that the smell of diesel fumes, if any, are coming from the Johnson property and not from Highway 13 traffic. She concluded that she has never heard or observed any operation on the site at 6:00 a.m. or as late as 9:00 p.m. A resident of 1679 Letendre stated that he is one of eleven neighbors who support the applicant's request, noting that before Johnson was on the site, the site was nothing but an unsightly dumping ground. He stated that the Johnsons have significantly improved the site. A resident of 1673 Letendre also stated he supported the applicant's request and asserted that the Millers and Greens have provided false accusations. The resident further read a letter from Peggy VanWinkle who also supports the applicant's request. Barb Miller, who is represented by attorney John Todd, stated that their bedrooms are approximately 100 feet from the concrete storage bins and they constantly have to hear the noise from the diesel dump trucks and the loaders while loading the large landscape rocks. Ms. Miller noted that the site is not heavily wooded and there is no landscape to screen that activity from her property. Ms. Miller further stated that as a registered nurse in an emergency room, she knows that diesel fumes do cause health problems. She further noted that all other property owners in support of the application cannot even see the Johnson property except the resident at 3170 Sibley Memorial Highway. She stated that she requests that the original 1994 permit be complied with. A resident of 3207 Sibley Memorial Highway stated that she supports the applicant's request and has experienced no problems with them. She stated that she is at home during the day and that while she can hear the trucks on the applicant's property, the noise is no greater than the traffic from Highway 13 or air traffic they experience. Tim Green, also represented by attorney John Todd, stated that in May the applicant did start work at 6:10 a.m. on a couple of occasions until he spoke with the Johnsons who then started at 7:00 a.m. Ron Miller, also represented by attorney John Todd, stated that their main concern is that of non-compliance with a new conditional use permit because the applicants have failed to comply with the previous conditional use Page 16 October 22, ] 996 ADVISORY PLANNING CONIlvIISSION permit. He stated that they are detrimentally affected by the noise, fumes and dust generated from the site to which they are closer than any other resident and most greatly affected. He stated that they would support the request if the storage bins were wood and located at the south end of the property and the applicant provide landscape screening. Chairman Miller closed the public hearing. Chairman Miller inquired with the applicant as to whether the concrete bins are movable. Mr. Gross advised the Commission that the concrete bins are movable but that they were placed in their current location because of the erosion caused by the cut of the slope on Millers' property and the City told the Johnsons they needed to fix the erosion problem. Mr. Gross stated that if the concrete bins are moved, substantial erosion control measures will need to be put in place on Johnson's property. Mr. Gross further noted that the applicants have no objection to a condition imposed requiring hours of operation from 7:00 a.m. to 7:00 p.m. In response to Member Burdorfs inquiry, Mr. Gross stated that the applicant did not bring the property into compliance under the 1994 permit site plan because the site plan at that time was based on unknowns of the property. Mr. Gross stated that the applicants did not know of the erosion problems on the property and so the bins were placed in the northeast corner to address the erosion problem from Millers' property and to provide a safe traffic flow within the property. Member Segal inquired with the applicant as to whether the storage bins could be moved to the south as proposed in the original conditional use permit if the erosion problem was corrected. Mr. Johnson stated that if the storage bins were moved to the south end of the property, then he would be required to move the truck storage to the northeast adjacent to Millers' property and then the bins would be near the Greens' property. Mr. Johnson further noted that the majority of the landscape rock loads are to residential sites, not for commercial sales. He further noted that they no longer have the diesel truck of which the Millers and Greens complained about. In response to Member Heyl's inquiry, the applicants advised the Commission that their largest day ever consisted of nine rock loads, which require five to ten minutes per load. They advised that on an average they have two to three loads per day. The Johnsons also stated that the trucks used on the site consists of five to six blacktop trucks which are gone all day and on many days there is no business activity on the site. The Johnsons noted that they have even gone so far as to put special mufflers on their tractors to eliminate the noise. Ron Miller, the adjacent property owner, stated that with respect to the drainage or erosion problem from his property, he was told by Craig Knudsen of the City Engineering Department, that there was no erosion problem from his property. Page 17 October 22, 1996 ADVISORY PLANNING COMMISSION _ _ An employee of Johnson Richfield Blacktop stated that Ron Miller had come onto the Johnson's property and told him personally that he would run Johnson out of business if necessary. . Chairman Miller stated that the Commission's only issue is whether the use is appropriate and do the conditions appropriately address the City's concerns. In response to Member Heyl's inquiry, Design Development Engineer John Gorder advised that an erosion barrier blanket or silt screen would be an appropriate erosion control measure to correct any erosion from Millers' property. In response to Member Burdorf s question, Planner Dudziak stated that the applicant proposes 20 to 30 vehicles but staff is not certain if there is adequate space to store that number of vehicles. Ms. Dudziak added that the permit is conditioned on the applicant, specifically defining the parking area and the specific number of trucks. Member Segal moved, Member Miller seconded, a motion to recommend approval of a Conditional Use Permit to allow a pylon sign, subject to the following amended conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording provided to the City. 2. If the conditional use has not been established within one year of the date on which the conditional use permit was granted, the permit.shall be null and void. 3. The pylon sign- shall not exceed 27 feet in height and 125 square feet in area. The pylon sign shall be located on the property and must be set back a minimum of ten feet from all property lines. 4. Building signage is permitted on the west building elevation only, and shall not exceed 20% of the area of that building wall. 5. All signage including banners, flags and other miscellaneous signs shall comply with City Sign Code requirements. All approved in favor. Member Segal suggested that the applicant work with the Millers and Greens to reach a compromise. Chairman Miller noted that it is obvious that the applicant and the Millers and Greens may be past the point of compromise. Member Frank concurred with Member Segal noting that the Commission is not shy to continue other matters in hope of resolving concerns of neighboring residents. The applicant stated that the Millers and G� Page 18 October 22, 1996 ADVISORY PLANNING CONMSSION Greens main concern was the noise from the loader and now that they no longer have the loader on the site, their concern is moot. The applicant stated they have no interest in continuing the matter. Member Heyl stated that in the past we have told conditional use permit holders that if they are not in compliance that they should come to the City and ask for changes to the permit to bring the site into compliance. She stated that the Commission's function is to examine if the 1996 proposal is appropriate and not determine whether the property was in compliance under the other permits. Member Burdorf stated that he is bothered that the applicant is not in the process of exploring changes to their previous plan and asking the City for permission, but instead have already made the changes. Member Segal moved, Member Burdorf seconded, a motion to deny the request of the Conditional Use Permit to allow amendments to the conditions of the conditional use permits issued in 1994 and 1995, on the grounds that it is not compatible with the adjacent residential property. All approved in favor, except Chairman Miller opposed. Member Segal moved, Member Frank seconded, a motion to recommend approval of a Conditional Use Permit to allow outside storage of rental vehicles. Member Heyl noted that it would be inconsistent for the Commission to recommend approval of the outdoor storage for the rental trucks with the Commission's vote on the amendment to the 1994 conditional use permit because the storage of the rental trucks would be along the south property line which would prohibit the placement of the storage bins in the same location. Member Segal moved, Member Heyl seconded, a motion to reconsider its vote on the amendment to the conditional use permit issued in 1994. All approved in favor. Member Segal moved, Member Heyl seconded, a motion to continue the applicant's request for an amendment to the conditional use permit issued in 1994 to allow storage of vehicles to be located along the southeast portion of the property; concrete storage bins to be located on the northeast portion of the lot; and an increase in the maximum number of vehicles stored outside from 20 to 30, to the November 26, 1996, APC meeting to allow the applicant an opportunity to address the adjacent property owners concerns. All approved in favor. Page 19 October 22, 1996 ADVISORY PLANNING COIvMSSION Member Segal moved, Member Heyl seconded, a motion to continue the applicant's request for a conditional use permit for outdoor storage of rental trucks to the November 26, 19961, APC meeting for the same reasons as continuing the applicant's request for an amendment to the 1994 conditional use permit. All approved in favor. Member Segal moved, Member Heyl seconded, a motion to continue the applicant's request for an amendment to the conditional use permit issued in 1995 to the November 26, 1996, APC meeting for the same reasons as above stated. All approved in favor. 6 1 city of eagan TO: Chair Mark Miller Advisory Planning Commission Members FROM: Pamela Dudziak, Associate Planner DATE: November 21, 1996 SUBJECT: Johnson's Richfield Blacktop 3206 Sibley Memorial Hwy. MEMO As you may recall, three portions of the Johnson's conditional use permit request were continued at the October 22, 1996 Advisory Planning Commission meeting. A fourth element of the Johnson's conditional use permit request, the pylon sign, was recommended for approval at the same meeting. The applicant submitted the attached update for the APC describing events which have transpired since the October APC meeting regarding these requests. 0 .11 NUVOI&I 1130 31 Item A under "Action to be Considered" in the staff report was recommended for approval at the October 22, 1996 meeting. Items B, C and D remain to be acted upon by the Advisory Planning Commission. Johnson's Richfield Blacktop N 0 V Z 1 1996 November 20, 1996 Update... 1. 10/28/96 Attempted Mediation 2. 3. Presented a compromise to Ron Miller through a mediator, Jeff Michaelis. Mr. Miller stated he was not interested in discussing it. 10/30/96 Miller Court -Request We had to go to court because Mr. Miller requested a reversal of a restraining order. Court decision denied the request. Restraining order remains in effect. 11/15/96 Telephone Conversation with Mrs. Green I called and spoke to Mrs. Green to discuss the situation. The 45 -minute conversation was informative, pleasant and neighborly. �3 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 17, 1996 CASE: 9 -CU -23-8-96 APPLICANT: Johnson's Richfield Blacktop HEARING DATE:October 22,1996 PROPERTY OWNER: Johnson's Richfield Blacktop PREPARED BY: Pamela Dudziak REQUEST: Conditional Use Permits for: 1) pylon sign; 2) outside storage for rental vehicles; 3) amendments to the CUP issued in 1994; and 4) amendments to the CUP issued in 1995 LOCATION: 3206 Sibley Memorial Hwy. COMPREHENSIVE PLAN: D -I, Single -Family Residential ZONING: GB, General Business The Johnson's are requesting conditional use permits and amendments pertaining to property located east of Highway 13 and north of Letendre Street at 3206 Sibley Memorial Highway in the SW 1/4 of Section 9, T -27N, R -23W, legally described as Lot 5, Block 3, Letendre Second Addition. The requests are as follows: 1. Conditional Use Permit for a pylon sign. 2. Conditional Use Permit for outside storage of rental vehicles. 3. Amendment to the conditions of the Conditional Use Permit issued in 1994 to allow a. Storage of vehicles to be located on the southeast rather than the northeast portion of the lot. b. Concrete storage bins for landscape materials to be located on the northeast rather than the southeast portion of the lot. C. An increase in the maximum number of vehicles/equipment stored outside from 20 to 30. 4. Amendment to the Conditional Use Permit issued in 1995 to allow: a. Auto repair service for vehicles having a payload rating of up to two tons rather than 3/4 ton. b. Outdoor storage and display of new and used tires. C. Outside vehicle repair. Planning Report - Johnson's Richfield Blacktop October 22, 1996 Page 2 City Code Chapter 11, Section 11.40, Subd. 4, C states: The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Additional standards apply to the evaluation of a conditional use permit for outside storage. Section 11. 10, Subdivision C.1. states that in addition to the above standards for conditional use permit, outdoor storage shall conform to the following standards: A. Outdoor storage items shall be placed within an enclosure. B. All such enclosures shall be attached to the principal building except in the Limited Industrial District. C. The enclosure shall be made of material suitable to the building and the items to be stored. Planning Report - Johnson's Richfield Blacktop October 22, 1996 Page 3 D. The enclosure shall not encroach into any established front building setback area or other required setbacks. E. The enclosure shall not interfere with any pedestrian or vehicular movement. F. The items to be stored shall not exceed the height of the enclosure. G. The display area shall not take up required parking 'spaces or landscaping areas. H. The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. I. The square footage of outdoor display area shall be included in the calculation of required off-street parking for the principal use of the property. BACKGROLMMISTORY Letendre 2nd Addition was platted and zoned R-1, Single -Family in 1964. Apparently, the building was constructed prior to 1950 and operated as a country store for an undetermined amount of time. In 1966, George Huber acquired the property and the Eagan Town Board approved a rezoning of this property from R-1, Single-family residential to C-1, Light Commercial. The Town Board also approved a conditional use permit for a gasoline service station. When the Eagan Zoning Ordinance was revised in 1975, zoning districts were renamed and this property was zoned GB, General Business. Mr. Huber operated Country Standard for 16 years and then sold the property on a contract for deed in 1982 to Tom MacIntyre who operated the facility as Country Rod & Worm until Mr. Huber foreclosed on the property in 1989. After 1989 the vacant building was in disrepair and the City received numerous complaints, mainly associated with loitering and illegal dumping. In 1994, Johnson's Richfield Sod and Blacktop Company began operating on this property and they have provided building and site improvements since that time. A conditional use permit was issued in 1994 allowing the outside storage of trucks and landscaping materials on this property (see attached 1994 CUP). In 1995, another conditional use permit was issued allowing an auto accessory sales and service facility (see attached 1995 CUP). Earlier this summer, city staff received a complaint regarding operations on this property. City staff subsequently inspected the property and spoke with the owners, Penny and John Johnson, and determined that certain physical conditions of the property were not in compliance with several of the conditions of their two existing conditional use permits. In addition, U -Haul trucks were being stored outside on the property in conjunction with a rental franchise without the required conditional use permit. & 7 Planning Report - Johnson's Richfield Blacktop October 22, 1996 Page 4 The Johnson's have applied for amendments to their existing conditional use permits. The applicants also are requesting two new conditional use permits, one encompassing the outdoor storage of rental vehicles and the other for a pylon sign. The property is zoned GB, General Business and the Comprehensive Guide Plan designates this property D -I, Single -Family Residential. The building is located on the northwest portion of the property, with concrete bin storage of landscape materials on the northeast portion of the site, and truck parking on the southeast portion of the site. The south and east portions of the property have steep grades and are wooded. The following existing uses, zoning, and comprehensive guide plan designations surround the subject property. North - Single -Family Residence, Zoned R-4 Multiple Residential, Guided D -IV Multiple Residential South - Residential, Zoned R-1 Single -Family Residential, Guided D -I Single -Family Residential East - Residential, Zoned R-1 Single -Family Residential, Guided D -I Single -Family Residential West - Hwy. 13, industrial property, Zoned I-1 Limited Industrial, Guided IND Limited Industrial General Site Evaluation Lot Size - The property has 283 feet of frontage abutting Hwy. 13 and is 2.58 acres in size. Site Plan - The proposed site plan (Site Plan 9/25/96) shows the principal building located in the northwest portion of the property, with parking located north of the building. Northeast of the building is the storage area for landscape materials. East of the building are three existing accessory buildings, in the southeast portion of the property is the truck storage area. A bin for used tire storage is shown at the southeast comer of the principal building, and a semi -trailer is shown located near the southwest corner of the principal building. A sod truck is shown located adjacent to Hwy. 13 on the west side of the property. A future pylon sign is also shown to be located on the southwest "portion of the lot adjacent to Hwy. 13. Storage for U -Haul trucks is shown in the southwest portion of the lot with the business van located west of the U -Haul trucks. The south and east portions of the property contain steep grades and are wooded. Planning Report - Johnson's Richfield Blacktop October 22, 1996 Page 5 Parking - There are nine parking stalls provided on the north side of the principal building. The Zoning Code does not specify a parking requirement for auto service stations, or for the other types of uses conducted on this property, however, nine parking stalls appears to be adequate. The applicants state that they have not had any problems with parking because customers picking up materials will park their vehicles near the materials for loading, and vehicles in for service are in the service bays and not in the parking lot. Landscaping - The proposed landscaping plan shows low growing juniper shrubs and sumac to be located along the western portion of the north property line along the berm, with annuals north of the driveway entrance (Landscape Plan). The existing paved area provides little setback from the west property line and consequently, the landscaping shown in this area is within the Hwy. 13 right-of-way and requires a permit from the state Department of Transportation (MnDOT). The applicant will need to apply to MnDOT for a permit to install landscaping within the right- of-way. If MnDOT does not approve the planting within their right of way, the applicants should provide an alternative plan for landscaping the west side of the property that may include removing some of the existing bituminous surface along the western edge of the site. Grading/Drainaee - The property is not served by storm sewer and drains west to the Hwy. 13 ditch. City Engineering staff reviewed the property and determined that the concrete storage bins in their present location act as an energy dissipator as runoff comes down the hill from the east and drains westerly over the property. If the concrete bins are removed from this location, alternative drainage and erosion provisions should be implemented. Access - The property has two accesses. One is directly to Hwy. 13 at the north end of the lot, and the other off the south end of the lot connects to Letendre Street via a frontage road. No changes to the accesses are proposed. Easements/Rights of Way/Permits - As previously mentioned, a permit from MnDOT is required for landscaping within the state right of way. Signag - The proposed pylon sign is shown within the Hwy. 13 right of way, however, this is an error and the applicants intend to construct the sign on their own property at the required ten foot setback. There is currently signage on the west building facade, and several other signs of various types displayed on the property. Outdoor Storage - The other requests included in this application involve outdoor storage of various kinds. Although 'treated as separate permits, the outdoor storage of various vehicles, equipment and materials impacts the overall operation and appearance of the site. The applicants are requesting to reorient the storage of landscape materials and vehicles associated with the sod and blacktop business from the site plan which was approved in 1994. This requested amendment reflects the current site layout which the applicants have found to be Planning Report - Johnson's Richfield Blacktop October 22, 1996 Page 6 more effective than the original plan. This amendment also includes a request to allow concrete rather than wood storage bins, and an increase in the number of vehicles allowed to be stored under this permit. The applicants are also proposing outdoor storage of U -Haul trucks. This outdoor storage is in a separate location from the other vehicle storage, and would include no more than 5 rental trucks at any one time. Other outdoor storage includes the used tire bin, and display of tires and landscape materials. The used tire bin is an open cage located at the southeast comer of the building. The trash dumpster is also in this location. There is no enclosure to contain and screen the trash dumpster and the used tire bin. An enclosure should be constructed and attached to the principal building. The enclosure should be constructed of materials compatible with the principal building and be of sufficient size to contain and screen the trash dumpster and used tire bin. The applicants have requested to be allowed to display tires outside the building. The applicants have also indicated that in the past they have displayed landscape materials such as decorative windmills in front of the building. The site plan also shows a sod truck proposed to be located adjacent to Hwy. 13, which also is a form of outdoor display. The sod truck should be stored with the other trucks and equipment covered in the 1994 permit. Outdoor display of materials and products should be restricted to a defined area immediately adjacent to the west side of the building, and the display items may consist of tires, sod, lawn ornaments or other products sold on the premises. This area should be physically delineated from the drive aisle with a suitable enclosure and should not interfere with pedestrian and vehicular flow through the site. Tree Preservation - No trees are proposed to be removed. Parks and Recreation - The lot is existing, therefore, parks and trail dedication requirements are not applicable. CUP for Pylon Sign The City Code allows up to one pylon sign per building. Pylon signs may not exceed 27 feet in height or 125 square feet in area per side, and must be set back from all property lines a minimum of ten feet. In addition to a pylon sign, the City Code allows signage on the side of the building facing a public street, not to exceed 20% of the area of that building facade. Temporary signs are permitted without a sign permit provided they are less than 25 square feet in area and may be displayed no more than 10 days per calendar month. Pylon signs are considered a conditional use and as such, are subject to the standards outlined above for conditional uses. Planning Report - Johnson's Richfield Blacktop October 22, 1996 Page 7 The applicants' proposal locates the pylon sign on the west side of the property, and the site plan shows it within the Hwy. 13 right of way, however, the applicants intend to locate the sign on their own property at the required ten foot setback. The sign face consists of an 8 foot wide by ten foot tall panel (Sign Elevation). The top portion of the sign would contain the "Mr. Tire Service" name and logo, and the bottom portion would contain the business name and a changeable message area. The applicants indicated that the pylon sign would provide visibility of their business to passing traffic on Hwy. 13. Since the site is elevated above the Hwy. 13 roadway, the full allowable 27 foot sign height may not be warranted, and if the sign is too high above the roadway, its effectiveness may even be diminished. However, since the applicants have not determined the most effective sign height, they are requesting approval for a pylon sign up to 27 feet in height. As discussed previously, the submittals did not include detailed information about other signage on the site. There is currently signage on the west side of the building facing Hwy. 13, and a banner on the tractor trailer which the applicants propose to retain with the trailer parked at the southwest corner of the building where it is visible from Hwy. 13. All signage must meet the City Sign Code requirements. CUP for Outdoor Storage of Rental Trucks The applicant was renting U -Haul trucks from this property and although a rental shop is a permitted use in the GB zoning district, the outdoor display and storage of rental equipment requires a conditional use permit. The criteria for evaluation of this request are the standards outlined above for conditional use permits and for outdoor storage. The standards in the ordinance are intended to apply across a wide range of situations involving the outdoor storage of materials, merchandise and vehicles. The storage of rental vehicles is proposed to be located in the southwest portion of the property where they are visible from Hwy. 13. While a conditional use permit for outdoor storage of trucks on the property was approved in 1994, that permit pertained only to the landscaping and blacktop operation of Richfield Sod and Blacktop. The outdoor storage of rental trucks on the property is associated with the rental franchise. The applicants have indicated that storing the rental trucks in the area proposed makes use of a portion of the property which is otherwise not utilized, separates the rental trucks from the sod and blacktopping trucks and equipment, and serves as its own advertising that this location is a U -Haul franchise. The applicants also indicated that only a few rental trucks are present at any given time and the number of rental trucks would not exceed five. The applicants are not proposing to construct an enclosure for the vehicle storage area because they block the driveways to the property when the offices are closed and the steep slopes and berm between this lot and adjacent properties in effect serve as a natural enclosure of the storage Planning Report - Johnson's Richfield Blacktop October 22, 1996 Page 8 areas. The intent of the other provisions is satisfied in that the rental truck storage area is located within the paved area of the lot and does not interfere with pedestrian or vehicular movement within the site. Proposed Amendments to 1994 CUP The use of the property allowing outdoor storage of trucks and landscaping materials associated with the operation of Richfield Sod and Blacktop was approved in the 1994 conditional use permit. The site plan specified 10 bins to be used for storage of landscape materials located in the southeast portion of the property, and storage not exceeding 20 vehicles is shown in the northeast portion of the property (Site Plan 1994). The conditions of the permit reiterated what was shown on the original site plan. The "additional conditions" of the permit specified that railroad ties/timber bins were to be installed to screen storage of landscape materials and vehicles not to exceed 20 consisting of dump trucks, pickup trucks and sod trucks and trailers and one semi -trailer vehicle were permitted to be stored in the northeast portion of the property up against the hillside. Having operated the business on this property for two years, the applicants have found the current site design to be more functional than the original proposal for the following reasons. First, the concrete bins are more durable than timber bins, do not become damaged as easily as timber bins, and also do not rot over time. Second, providing bin storage in the northeast portion and truck/equipment storage in the southeast portion of the property minimizes on-site conflicts between customers and the blacktopping trucks and equipment. Third, the concrete bins also function to control erosion and manage the drainage on the north end of the site. As discussed previously, some other drainage and erosion provisions would need to be made if the concrete bins were removed from their present location. Therefore, the applicant is proposing to amend the permit 1) to allow concrete rather than wood bins to screen storage of landscape materials and for the materials storage to be located in the northeast portion of the property rather than the southeast portion_ of the property, and 2) to increase the number of vehicles allowed to be stored on the property from 20 to 30 and for the vehicle storage area to be located on the southeast rather than the northeast portion of the property. The applicants have indicated that winter storage of the vehicles, consisting of dump trucks, sod trucks and trailers, would be located on the north portion of the lot, and further proposed that the one tractor trailer be located at the southwest comer of the principal building. The increase in the number of stored vehicles from 20 to 30 is requested to provide for the future growth of the business, and to avoid another amendment to the conditional use permit if the acquisition of additional vehicles is warranted. The applicants have indicated that they currently have nearly 20 vehicles related to this business which are stored on the property. Staff suggests that in addition to specifying a maximum number of vehicles, the vehicle storage area also should be defined on the site plan and physically delineated on the property. The site plan currently Planning Report - Johnson's Richfield Blacktop October 22, 1996 Page 9 shows vehicle storage consisting of the paved area east of the principal building, and east of a line extending south from the southeast corner of the principal building to the south edge of the pavement. One semi -trailer was approved to be stored on the property in 1994. The applicants are now requesting that its location be moved to the southwest corner of the building as shown on the proposed site plan. The tractor trailer serves as additional storage space for tires and supplies associated with the vehicle repair operation and the proposed location is more convenient to the auto service bays. Since the use of this tractor trailer is to provide additional storage space, it should be considered temporary and should be removed, or stored with the other trucks and equipment in the defined storage area on the southeast portion of the property. The van located west of the proposed U -Haul truck storage area on the site plan was not specifically identified as a storage item in the 1994 conditional use permit, but should be included under the outdoor storage provisions for vehicles and equipment. The site plan shows one sod truck located on the west edge of the property where it is visible from Hwy. 13. Placing the sod truck in this location is a form of outside display not allowed under the existing conditional use permit. The sod truck and van should be stored with the other trucks and equipment. Display of the sod itself can be accommodated within a display area adjacent to the west side of the building as discussed above in the outdoor storage section under General Site Evaluation. Proposed Amendments to 1995 CUP The use of the property for an auto accessory sales and service facility was approved in the 1995 conditional use permit (see attached CUP 1995). That permit restricted maintenance and repair to vehicles having a payload rating of three-quarter ton or less, and specified that no outdoor storage of vehicles, equipment or supplies associated with the auto and truck services was allowed. The permit further restricted all installation or repair services to take place within the principal building only. The applicants originally proposed servicing of autos and light trucks. The maximum three-quarters ton payload rating for vehicles allowed to be serviced was provided by the applicant to define the term "light trucks." To avoid the appearance of clutter, the outdoor storage of vehicles, equipment and supplies was not allowed because a significant portion of the property already was devoted to outside storage. The restriction on repair services to be conducted entirely within the principal building was also a reiteration of the applicants original proposal. City staff has a number of concerns relating to outdoor repair operations. Specifically, the intent of the Zoning Code is that uses should be entirely contained within the principal building. Outdoor repair is not typical of any service facility in Eagan, and for enforcement purposes, it would be difficult to determine what constitutes an "emergency" repair or when it is too hot to work inside. The applicants are requesting amendments to the 1995 conditional use permit 1) to allow maintenance and repair of vehicles with a payload rating of up to two tons, 2) to allow the Planning Report - Johnson's Richfield Blacktop October 22, 1996 Page 10 display and storage of new and used tires in front of the building, and 3) to allow vehicle services to be conducted outside. In addition, the site plan shows a used tire bin located adjacent to the building at the southeast comer. This bin is an open cage and holds used tires awaiting pick up for recycling. The tire bin and the trash dumpster are located at the southeast comer of the building, but are not within an enclosure. The tire bin and dumpster should be within a screened enclosure which is attached to the principal building. The applicants are requesting an increase in the size of vehicles that may be serviced from three- quarters to two tons. The applicants' reason for this request is to enable servicing of fleet accounts. According to the applicant, fleet vehicles they could service exceed three-quarters ton payload rating and the current conditions of the conditional use permit are too restrictive. The applicants believe they should be allowed to service any vehicle which will fit within the confines of their shop and they have indicated that vehicles up to two tons in size will fit inside the service bays. The applicants are requesting that they be allowed to display tires outside in front of the building. Outside display is subject to the outside storage provisions outlined at the beginning of this report. Again, the standards in the ordinance are intended to apply across a wide range of situations involving the outdoor storage of materials, merchandise and vehicles. A suitable enclosure should be provided for the display area and display items should include only products sold or distributed on the premises. The area in front of the building is surfaced with bituminous and there is sufficient room in front of the building to accommodate the outside display and not impede pedestrian or vehicular traffic. The outside display should be restricted to an area immediately west of and adjacent to the building and extending not more than six feet west of the building. A suitable enclosure should be provided to define the storage area and delineate it from the drive aisle. Outside service is requested so that the applicants can provide better customer service. In those instances when both service bays are occupied, the applicants would like to be able to serve a walk-in customer with an emergency repair need. Additionally, the applicants state that the service bays are not air conditioned and ventillation is provided by a couple fans. Consequently, the shop area can become very hot on the warmest days during the summer months. For this reason, the applicants would like formal approval to allow them to do an oil change or tire repair outside on those occasions. The requests are in response to compliance issues raised by staff that were largely generated by a neighbor's complaint regarding the Richfield Blacktop operation. Although the complaint pertained to use issues (noise, diesel fuel fumes) not physical issues (placement of storage), the Johnson's were not in full compliance with all of the conditions of their previous conditional use permits. The requests reflect both the experience of the applicants in working with this property '7 3 Planning Report - Johnson's Richfield Blacktop October 22, 1996 Page 11 for two years (amendments to reflect the existing site layout) and forethought towards the future as to what their future needs may be (i.e. additional vehicle storage, new sign). In light of the numerous components involved with this site, subsequent to City Council action, the applicants should provide staff with a comprehensive site plan that delineates and identifies all site uses and provides elevation drawings of all enclosures, etc. ACTION TO BE CONSIDERED A. To approve or deny a conditional use permit for a pylon sign. If approved, the following conditions should apply: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording provided to the City. 2. If the conditional use has not been established within one year of the date on which the conditional use permit was granted, the permit shall be null and void. 3. The pylon sign shall not exceed 27 feet in height and 80 square feet in area. The pylon sign shall be located on the property and must be set back a minimum of ten feet from all property lines. 4. Building signage is permitted on the west building elevation only, and shall not exceed 20% of the area of that building wall. 5. All signage including banners, flags and other miscellaneous signs shall comply with City Sign Code requirements. B. To approve or deny a conditional use permit for outdoor storage of rental trucks. If approved, the following conditions should apply: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording provided to the City. 2. The rental trucks shall be stored along the south property line as shown on the site plan dated September 25, 1996. 3. The number of rental trucks stored on the property shall not exceed five (5) at any one time. C. To approve or deny an amendment to the conditional use permit issued in 1994 to allow a) storage of vehicles to be located on the southeast portion of the lot, b) concrete storage Planning Report - Johnson's Richfield Blacktop October 22, 1996 Page 12 bins to be located on the northeast portion of the lot, and c) an increase in the maximum number of vehicles stored outside from 20 to 30. If approved the following conditions should apply. This list includes the original conditions from the 1994 conditional use permit with amendments and new conditions. 1. This Conditional Use Permit shall become effective upon the recording of said permit and Council resolution with the Dakota County Recorder and documentation of said recording provided to the City within 60 days of Council action. 2. Submission and implementation of a landscape plan for the berm area north of the site and the area along Highway 13. The applicant shall obtain a permit from MnDOT to install the proposed landscaping within the Highway 13 right-of-way, and if MnDOT does not grant such a permit, the applicant shall develop an alternative plan for landscaping the west side of the property. 3. and bituminous eufbing wetmd the entire afea-, to be phased in ever. twe yeam. 4. The applicant shall properly maintain all surfaced areas, curbing and premises. 5. 6. Storage of landscape materials shall be permitted on the northeast portion of the site. The applicant shall provide concrete bins to contain and screen the landscape materials storage area. ----- r- �r-- - r -0 - _ Y _._-r -- --__�, jr-11-jr .,.._....- ..--- -A- Outdoor storage of vehicles is permitted for dump trucks, pickup trucks, sod trucks, trailers and other vehicles and equipment not exceeding a total of 30 vehicles and provided they are confined within the paved area of the lot located east of the principal building, and east of a line extending south from the southeast corner of the principal building to the edge of the pavement. This storage area shall be identified on the property by a painted line on the pavement. 8. The City shall inspect the site for compliance with the conditional use permit one year after approval and shall determine whether the storm drainage system is �J Planning Report - Johnson's Richfield Blacktop October 22, 1996 Page 13 creating any erosion or other problems. As a result of this review, additional conditions may be imposed by the City Council. 9. The applicant shall record the conditional use permit at the Dakota County Recorder's Office within 60 days of Council approval. 10. Outside display shall be restricted to an area immediately west of and adjacent to the building. The display area shall extend no more than six feet west of the building and shall not interfere with pedestrian and vehicular flow through the site. Items to be displayed within this area may include products sold and distributed on the premises; tires and sod shall be displayed on racks. 11. The applicants shall provide a suitable enclosure for the outside display area as defined in condition #10 above to physically delineate the display area. 12. The applicants shall provide a site plan reflecting the various uses on the property as approved in this Conditional Use Permit. D. To approve or deny an amendment to the conditional use permit issued in 1995 to allow a) auto repair service for vehicles having a payload rating of up to two tons, b) outdoor storage and display of new and used tires, and c) outside vehicle repair. 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording provided to the City. 2. The installation and repair service shall be provided only for automobiles and trucks with a payload rating of thm two tons or less. 3. There shall be no outdoor storage of vehicles or equipment of series associated with the auto and truck service. Outside display shall be permitted only within an area immediately west of and adjacent to the building. The display area shall extend no more than six feet west of the building and shall not interfere with pedestrian and vehicular flow through the site. Items to be displayed within this area may include products sold and distributed on the premises; tires and sod shall be displayed on racks. 4. All installation or repair service shall take place within the principal building only. 5. A screening enclosure shall be constructed by July 1. 1997. to contain the tire bin and the trash dumpster. The enclosure shall be attached to and made of materials compatible with the principal building. 11 � Planning Report - Johnson's Richfield Blacktop October 22, 1996 Page 14 6. The applicants shall provide a suitable enclosure for the outside display area as defined in condition #3 above to physically delineate the display area. 7. The semi -trailer shall be stored in the equipment storage area in the southeast portion of the site. & No signage shall be permitted on the semi -trailer. 9. The applicants shall provide a site plan reflecting the various uses on the property as approved in this Conditional Use Permit. FINANCIAL OBLIGATION - 9 -CU -23-8-96 Lot 5, Block 3, Letendre No. 2 There are pay-off balances of special assessments totaling $0 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the availability of the City's utility system. Improvement Use Rate Quantity Amount Storm Sewer Trunk C/I .118/sq ft 112,338 sq ft $13,256 Total X13 256 This financial obligation is presented for informational purposes and is not a condition of the conditional use permit. October 17, 1996 Mr. Mark Miller Planning Commission City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Lot 5, Block 3, Letendre 2nd Addition 3206 Sibley Memorial Highway Dear Mr. Miller: OCT 1 8 1996 We purchased the above commercial property two years ago. At the time of purchase it had been abandoned property for five years and would have been condemned had we not purchased it. Because of the lack of lighting and tenants, the property was a haven for unsupervised youths, drug dealers, rapes and garbage dumping, all which necessitated many visits by the Eagan police. Since its purchase, numerous improvements and renovations have been made in order to bring it up to the standards the nature of our business demands. Specifically, we would like consideration of the following: • a pylon sign to advertise the business • outside storage of rental vehicles in order to achieve a year round business (because the Sod and Blacktop companies are seasonal) the location of the rock bins and truck storage were changed in order to accommodate the new flow of traffic due to the addition of the tire business, and to provide a barrier to control the waterflow that has developed due to the extensive fill which has been added to the property by a neighbor. This conclusion was confirmed by Craig Knudsen in a memo to Steve Dorgan. • We would like to increase the number of vehicles stored from 20 to 30 in order to accommodate growth within our company. This is a very optimistic figure, but because of the cost involved to amend a CUP, we would like to request 10 additional spaces. Our original CUP had provisions to work on 3/4 ton vehicles. We have since learned that this provides insufficient revenue and have also acquired a new account, Safety Kleen, which does have some larger trucks in the fleet. Outdoor storage of merchandise is a common marketing practice designed to create interest and generate business. Ever since we have removed these displays we have noted a marked decline in our business volume Outdoor vehicle repair is a standard practice done among business of our nature. We are requesting the same, but would limit the practice to emergency situations only. This practice would be limited to customers that would otherwise go elsewhere. We look forward to having the opportunity to explain the need for these changes and invite each and every cine of you to stop by or call for more information. We are encouraged by the majority of the neighbors that have expressed their enthusiasm and support. We hope your consideration to the requests will be in favor of the changes that are necessary to the existence of our family owned business. Sincerely, ��Penny Jo n OATWW I 1 [01 In k,jr4v Is a `� �IWFPA :a0im- [i1awl F.V rig re if\ p FL ��Wvl 0 16 oil 111t0■1'Ir:is int I.c eral B Ift :� i Richfield Blacktop Case No. 9 -CU -23-8-96 Comprehensive Plan Map IND IND IND IND IND Apw D41 -D IND 4e, D4 LIAP D-11 • "I ZQ D4V <�k 04H 15 CA D4V P 'MM r� CA Guide Plan Designation D-1 Single Family Residential (0-3 units/acre) A F 3 N Cdy of Eagan Community Development Department qb PO IND IND IND IND IND Apw D41 -D IND 4e, D4 LIAP D-11 • "I ZQ D4V <�k 04H 15 CA D4V P 'MM r� CA Guide Plan Designation D-1 Single Family Residential (0-3 units/acre) A F 3 N Cdy of Eagan Community Development Department � IJA/ / O d o Lr; r_ 0 _� cu i ���-- Ln I U � T L.L � 00'SSE O U Lif ---, A _ a 1 s L j d � W c N 8p E � W Ct: Ln C p8 07 I Ln U f I ice— I Q -tiltpl an y 1� Q jf � � • f I � � b L i 1 �d ; CJ x �ws.ae� 1 i U J w � U 00 SS D • � LOru ru � -0 p4b ~a4t✓h � '�' \rye,. J J cc L4M �.! �a, rh 00 I� cv '� ham) a- _I-(�lets, /Vo vW� LU LL► U ui SITE PLAN WWW OA) 414 c C�^c-tw4L CW LANDSCAPE 0 WWW OA) 414 c C�^c-tw4L CW LANDSCAPE lo' 10 3EMd Ll/ En.vlcf P Cuuna Country, Zwo Center 4, b liv^ r 1, .•; V IN SLECCkit: SKiN *lr�mflg . ata 9Gair1�1"—t' RwN:Orf�leul �rr+rr� - �w,w ...•�•� VIM. SIGN ELEVATION ik EXISTING BUILDIN[: TRUCK PARKING r r► r r � r r � � � r r r r � r ■ ACCESSORY r BUILDINGS . ► r r r r r � � r LANDSCAPING MATERIAL . r � i VIL 40 100 $0 100 00 oo,O�sm no rr r •• 00 �*' -00 +/� A N STEP SITE PLAN 1994 EXHIBIT A CITY OF EAGAN CONDITIONAL IISE PERMIT WHEREAS, Johnson's Richfield Sod and Blacktop has complied with all the requirements of the City of Eagan necessary for obtaining a Conditional Use Permit. NOW THEREFORE, By order of the City Council of the City of Eagan, Dakota County, Minnesota, and by virtue hereof a Conditional Use Permit is authorized as follows: 1. Permitting a Conditional Use for outdoor storage of trucks and landscaping materials within the confines of a "General Business" zone. 2. Said Conditional Use Permit shall apply to the following described property: Lot 5, Block 3, Letendre 2nd Addition 3. Said Conditional Use Permit shall run with the land as long as all conditional use standards are met. 4. Said Conditional Use Permit shall be subject to conformance with the Eagan City Code and with the conditions set forth herein to include, but not limited to: 1. This Conditional Use Permit shall become effective upon the recording of said permit and Council resolution with the Dakota County Recorder and documentation of said recording provided to the City within 60 days of Council action. 1994 C U P PAGE 1 2. Submission and implementation of a landscape plan for the berm area north of the site and the area along Highway 13. 3. The applicant should upgrade the parking and storage areas with bituminous surface and bituminous curbing around the entire area, to be phased in over two years. 4. The applicant shall properly maintain all surfaced areas, curbing and premises. S . Customer parking spaces shall be striped and drive aisles delineated. 6. The applicant shall construct a berm along the north property line and railroad ties/timber bins to screen the mrcDosed storage. 7. Storage of vehicles not to exceed 20 shall be located in the northeast portion of the property up against a hill. Dump trucks, pickup trucks and sod trucks and trailers will be permitted. One tractor trailer vehicle will be allowed. 8. The City shall inspect the site for compliance with the conditional use permit one year after approval and shall determine whether the storm drainage system is creating any erosion or other problems. As a result of this review, additional conditions may be imposed by the City Council. 9. The applicant shall record the conditional use permit at the Dakota County Recorder's Office within 60 days of Council approval. 1 1994 CUP PAGE 2 EXHIBIT A CITY OF EAGAN CONDITIONAL USE PERMIT WHEREAS, Johnson's Richfield Blacktop has complied with all the requirements of the City of Eagan necessary for obtaining a Conditional Use Permit. NOW THEREFORE, By order of the City Council of the City of Eagan, Dakota County, Minnesota, and by virtue hereof a Conditional Use Permit is authorized as follows: 1. Permitting a Conditional Use for an automobile service facility within the confines of a "General Business" zone. 2. Said Conditional Use Permit shall apply to the following described property: Lot 5, Block 3, Letendre 2nd Addition 3. Said Conditional Use Permit shall run with the land as long as all conditional use standards are met. 4. Said Conditional Use Permit shall be subject to conformance with the Eagan City Code and with the conditions set forth herein to include, but not limited to: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording provided to the City. 2. The installation and repair service shall be provided only for automobiles and trucks with a payload rating of three-quarter ton or less. 3.. There shall be no outdoor storage of vehicles, equipment or supplies associated with the auto and truck service. 4. All installation or repair service shall take place within the principal building only. IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of May, 1995. CITY OF EAGAN A Minnesota Municipal Corporation By: Mike idley Project Planner .�V jp 1995 CUP -700 — �- fl + r/. ,�• (' 70 rry i s re Aft OF �_ � � `�� � /o.'/l Il�st�r,�,. �,1{.tom• �-;, i/ //moo `/' J/' � � •lI•'';��♦ ---•- r• i ,. ,{i - roe J iii .i i,. , � a ' • , 3.- mss, r - _ 111/� `ry �/% I . .� / ` i / �, II Ell �f• 1�,��*--� � � •�:,,�, J ' `�. ��III f__'C BRENNER & GLASSMAN, LTD. =T � iUf f! �WItaY ' �S_UGUJFiUIt BLN OFFICE PARK, SUITE 170 2001 KILLEBREW DRIVE MINNEAPOLIS, MINNESOTA 55425-1822 TELEPHONE: (812) 854.7800 TELECOPtER: (812) 854-0502 November 22, 1996 VIA TELECOPIER AND UNITED STATES MAIL Mr. Loren Gross 8609 Lyndale Avenue South Bloomington, MN 55420 Re: Application for Amended Lot 5, Block 3, Letendre Our File No. 5780-1 Dear Mr. Gross: Conditional Use Permit Second Addition At &l CW_J1 ema. R Todd N1; Rev- RECErVEp ' 2 5 1996 At the conclusion of the Planning Commission meeting held on Tuesday, October 22, 1996, I spoke to you and your clients in the lobby of the City Hall regarding a proposed compromise on this matter. I had no response from you or your client regarding this proposal and, thus, I presumed you were not interested in negotiating on this matter. Since the meeting, we have reviewed the situation with our clients. We were prepared to propose to the City that we will not object to your application for the sign, nor will we object to the rental U -Haul trucks if they are stored on the northeast edge of the property. Further we would have no objection to your location of the tire storage units outside the building. As to repair of vehicles outside the building, we will leave that to the Planning Commission to treat you in the same manner as all other persons servicing vehicles in the City of Eagan. In exchange for these considerations, we would insist on compliance with the original permit location and construction of the bins and removal of the illegal bins. Further, that there be a condition that loading will be done only by a non -diesel BobCat or similar vehicle with a bucket size of one-half yard or less. There also shall be no idling of diesel trucks anywhere east of the building nor an increase in the number of vehicles stored on the property. Landscaping or a fence shall be maintained to provide year round elimination of vision of the business by the properties to the east, as required by City Code, while maintaining their view of the Minnesota River Valley. On Thursday, November 21, 1996 I contacted you by telephone to inquire why we had no response and you indicated that your clients had not contacted you. Subsequently, that Thursday afternoon you advised me that you did speak with your clients and they were not interested in discussing negotiations or compromise on this matter. I regret that your clients were unwilling to discuss this situation. VPW.�d ruly yours, J w 0 lr;�Zp ON Ae� 61 So (,, Saq, A"Pf (i Com' ' RECEIVED %V/ 2 6 igg6 Johnson's Richfield Blacktop Inc. November 25,1996 Update • 10/22/96 Planning Commission Meeting No proposed compromise was discussed in lobby • 10/30/96 Miller Court Request Hand sketch drawing was given to Mr. Gross after court - see enclosure • 11/21/96 Response -Mr. Todd called Mr. Gross Based on sketch this is not an option. This is the most dangerous place to have the bins for safety reasons (bay area and frontage road.) 11/22/96 Letter Response No proposed compromise was seen by us until this letter from Mr. Todd, except the sketch. Why Would Mr. Miller wait till the 1 lth hour? E �'-�-'mak. !`"cam � %� i — ,� ,,�.C�.fG�.� �' ��`� ��� �,, J �� LOF:FN GROSS ATTORNEY AT LAW $009 LYNOALE AVENUE 50. BLOOMINGTON, MINNE$QTA S54CO .TELEPHONE 801.6630 FAX 661.2150 November 22, 1996 Brenner & Glassman, Ltd. Attorneys at Law BLN Office Park, 9170 2001 Killebrew Drive Minneapolis, MN 55425 Attention: John J. Todd Re: Application for Amndcd Conditional Use Permit Lot 5, Block 3, Letendre Second Addition Your File No. 5780-1 Dear Mr. Todd: RECENED "�OV 2 6 1996 Your letter of November 22, 1996, neither fairly reports the facts of our conversations, nor does it accurately reflect what actually occurred between us since the Iast planning commission meeting. In fact, you did submit a proposal which was considered by my clients. However, because that proposal seemed to them to require exactly the same thing they are currently required to do under the conditional use permit issued in 1994, and results in conditions unacceptable to the City of Eagan, my clients have refused to accept your client's proposal. Your attempt to portray my clients as uncompromising is as inconsistent as the facts you have repeatedly presented to the planning commission. Because of your client's complairm, my clients have already installed extra quiet mufflers on their equipment, cut down their operating hours from 6:OOA.M. to 7:00 A.M. on weekdays, and until 8:00 A.M. on weekends. John J. Todd November 22, 1996 Page 2 All of these efforts which my clients took seem to have only caused your client to seek more concessions from my clients. They want only to be able to run their business in a reasonable manner and have always been concerned about their neighbors and the community. Their feeling is nothing they can do will ever satisfy Mr. Miller. Therefore, they agree to abide by whatever terms are made by the Eagan City Council. Yo very truly, Loren Gross LG/ar November 15, 1996 N 0 V 2 6 1996 TO: Advisory Planning Commission = We are residents of the Letendre addition that wanted to share our feelings regarding the Johnson's Richfield Blacktop issue. Although this seems to be a very complex issue to the City, we as neighbors see it differently since this is a small neighborhood - a neighborhood semi -circling Richfield Blacktop. Because we are irra small proximity of each other, whether a resident or a business, we do affect each other. After nearly 6 months of discussion regarding this issue, re -reading various documentation, and after reviewing the Meredith Cable taping of all the past meetings, we feel you may have been given some incorrect and misrepresented information. We would like to take this opportunity to make corrections to some statements made: +� As stated by Todd, "...an industrial operation in there, not a landscaping operation, an industrial operation." RESPONSE: - Johnson's Blacktop and Garden Store is a retail operation serving residents. -Definition of industrial according to the Webster Comprehensive Dictionan- used as an adjective is pertaining to or engaged in industry -Example of industrial would be Edward Kraemer and a rock quarry would be Shiely. • As stated by Todd, "Big storage areas where dump trucks come in and a diesel loader that loads these industrial loads at 6:00 A.M. to 9:00 P.M. RESPONSE: -Actual operation is from 7:00 A.M. to 7:00 P.M. Mon. -Fri. 8: 00 A.M to S:. 00 P.M. Sat. -7he diesel loader has already been sold. All loads were to retail customers only + As stated by Todd, "Diesel fumes have gone up to destroy the environment of my clients homes..." RESPONSE: -We find it difficult to believe that with all the traffic on Highway 13 and the number of diesel semi -trucks that travel that road that it would be impossible to identify whose diesel fumes belong to whom. -The Johnson's are not the first ones on that property to have owned or service diesel vehicles. Diesel Service is directly across Hwy 13 and there are Police documented calls from Mr. Miller complaining of the diesel fumes coming from that business. ,3 As stated by Todd, "...dumping into metal trucks, the noise, the racket wakes you up at 6 A.M. and goes all day." RESPONSE: -Operation hours are 7:00 A.M. to 7.00 P.M. Mon. -Fri. 8: 00 A.M. to 5:00 P.M. Sat. -Truck loading ranges from 3 minutes to 10 minutes -Average day: 0-3 loads, maximum 5-9 loads * As stated by -Todd, "No objection storing 5 U -Haul trailers at the South end of the property." RESPONSE: If not mistaken that's where they were parked in the first place. +� As stated by Todd, "...do the business they originally agreed to do." RESPONSE: It seems they are saying that a business that opens in Eagan can't grow or can't change. Barb Miller made reference to the property on the south that is said to be heavily wooded. RESPONSE: Clearly you will see by photos presented at the meeting, that the properly mentioned is not as stated. * "We were happy with Hubers when they were there and used their services. Mr. Huber did not have diesel trucks at that time. RESPONSE: -See attachment from George Huber to Penny Johnson. (7125196) -Also the attached letter from George and Pat Huber (11105196) -George Huber was in the top ten and matter of fact, # I seller of diesel fuel in the state of Minnesota As stated by Ron Miller, "I realize the Johnson's financial problems ... had to move because of a financial situation..." RESPONSE: Johnson's did not leave Bloomington for financial reasons. • As stated by Ron Miller, "I represented the neighborhood on this ... and even represented the neighborhood on a number of other issues." RESPONSE: -We are clearly letting you know that Miller does not speak for us nor does he represent us. • "...never said anything against anybody's character like was said against mine tonight." RESPONSE: -After viewing the October 22nd meeting over a number of times, not once did anyone say anything against Mr. Miller's character. In fact, the following statements were made against the Johnsons that evening - `I strongly suggest... not to allow someone to come in and flaunt your regulations... " and "...coming in with unclean hands. " and "..thumbing their nose right at the city. " q f 2 J • "...attempted to talk to a couple of neighbors, primarily the neighbors on Letendre Street who are more than 350 feet..." RESPONSE: Mr. Miller made no attempt to contact us directly or by mail -We do live within 350 feet of the Johnson's property. -Even with all that has gone on in the past 6 months, Miller still has not made any attempt to speak with us about his views +� As stated by Ron Miller, "...to allow -uh- to agree to..." RESPONSE: -He seems to feel that whatever "he " agrees to in regards to the conditional use permit or generally Johnson's property is the written law. It is suppose to be a City Code, not a Miller Code. Thank you for allowing us to address just some of the discrepancies for your consideration. In addition, we would appreciate very much if you would read the attached letters. Our feelings have only grown stronger since they were written. Back in August of 1996, we signed a petition stating our support for Johnson's Richfield Blacktop and want you to be aware that in November of 1996, we are still very much in support of the Johnson's. Having the Johnson's in our neighborhood is important to us. They have made a difference and we want to see them stay. cpael and Joanne O'Keofe W9 Letendre Street Eagan, MN 55121 454-5515 W Michael and Jody Billmeier 1673 Letendre Street Eagan, MN 55121 454-2150 r,� ��=� �'cu ; �� � � o •996 Craig and Peggy Van Winkle 3240 Heritage Lane Eagan, MN 55121 Notes and thoughts of the Van Winkle's concerning the noise issue of Johnson Blacktop company. To whom it may concern: We own property that dir-�_-ctly borders Johnson Blacktop. Our property overlooks Johnson's from the southeast. Our family became involved in this ordeal when Mr. Miller and his council came to ask permission to take pictures from our property onto the Johnsons, and stating issues of his lawsuit against the Johnson's. Mainly the noise, fumes, property appearance, and hours of operation, were his complaint. Previously, we, had not had a problem, but from then on took note of the Johnsons property. My wife does not work outside the home, so was able to watch for these things. Some noise was noted, but we feel this is to be expected with any commercial business. Most of the noise occur during the opening and closing hours. She could not substantiate the hours of operation that Mr. Miller was quoting. We never noticed any fumes going across our property from Johnsons Blacktop. Nor- do we have a problem with the appearance of the property, in which we directly overlook since there are no trees or fences obscuring our view, which if given a choice, we prefer. Some of the actions against the Johnsons appear to be irrational and illogical. Though there is noise associated with this property, we feel is neither detrimental or out of the bounds of a commercial operation. Our neighborhood is old and small. Our R-1 lots are approximately one block wide due to the piece -meal manner in which this end of Eagan grew. Our neighborhood is severely split over this issue that never should have gotten to where it is. First hand and accurte knowledge must me gained by the council. We cannot rely on non-factual and emotionally charged statements to dictate how this issue is resolved. We urge the council to end this issue and let our neighborhood begin to heal. ` / Lae �v�=G4 � L� •�r� a. November 12, 1995 To the City of Eagan's Planning Commission: Dear Members: We are Jeff and Denise Poetter and we live at 3270 Highway #13 in Eagan. We would like to address this letter to the Planning Commission regarding the problem between Johnson Blacktop Company and Mr. & Mrs. Ron Miller and Mr. & Mrs. Tim Green. We live on the comer of Letendre Street and the service road used by Johnson's Blacktop Company and ourselves. Before Johnson's moved in, the building had become very run down with broken windows and garbage dumped everywhere. The place had become a breeding ground for drug dealers and vandals. There was car traffic all hours of the day and night due to the usage of the pay phone located on the property. We have been very pleased with the operation of Johnson's business. We are not bothered by diesel fumes in our yard or by noise caused directly by Johnson's. We have seen what the place looked like before the Johnson's moved in. Now the property is well kept, the pay phone is gone, and the main traffic on the service road is Johnson's vehicles, which we see going in and out periodically during the day. This traffic is much less than that before the Johnson's arrival. The drivers of their trucks are always cautious and considerate to us whether we are in our vehicles or on foot. We would hate to see the Johnson's business leave. What type of business would move into this spot next? We may not be as lucky as we are now if Johnson's are forced to leave. We would hate to see the place become the run down dump sight and drug dealing grounds it had been at few years ago. We feel this problem between the Millers/Greens and Johnsons has tom apart our neighborhood. We would like to see a resolution that makes all parties involved happy and content. Please consider what we have written here today, and make the best decision you can make to resolve this matter as fairly and swiftly as possible. ,----Sincerely, l; Denise and Jeff P�oetter 3270 Highway #13 Eagan, MN 55121 (612) 454-5634 �D( M,SABA Octmber 24, 1996 TO: Eagan City Council To Whom It May Concern: My name is Jan A. Noles from Grand Rapids, MN. I am a pilot for Northwest Airlink and have resided during the week at 3160 Sibley Hwy. for approximately 4 years. This residence is the second house to the North of Ritchfield Blacktop and about 100 yards from its property line. As a pilot, my schedule is quite varied. It often requires flying late at night and sleeping during the day. Aside from the noise of the traffic on adjacent Hwy. 13 I have always found 3160 Sibley Hwy. to be a comfortable, quiet place to sleep during the day. After Ritchfield Blacktop opened for business I noticed no difference in noise level from when the building stood vacant --NO DIFFERENCE! Imagine my surprise when my Landlord at 3160 Sibley Hwy. mentioned that Ritchfield Blacktop may experience municipal retribution for making noise in the nieghborhood. It's simply not true. Sincere , i r� G Captain Jan A. Noles 5739 Wendigo Pk. Rd. Grand Rapids, MN 55744 (218) 327-2020 V� _501 -261;1, VC11LIr SkIW: ) \iinncapolis, SIN 55450 61z--7z6-II5I Octmber 24, 1996 TO: Eagan City Council To Whom It May Concern: My name is Jan A. Noles from Grand Rapids, MN. I am a pilot for Northwest Airlink and have resided during the week at 3160 Sibley Hwy. for approximately 4 years. This residence is the second house to the North of Ritchfield Blacktop and about 100 yards from its property line. As a pilot, my schedule is quite varied. It often requires flying late at night and sleeping during the day. Aside from the noise of the traffic on adjacent Hwy. 13 I have always found 3160 Sibley Hwy. to be a comfortable, quiet place to sleep during the day. After Ritchfield Blacktop opened for business I noticed no difference in noise level from when the building stood vacant --NO DIFFERENCE! Imagine my surprise when my Landlord at 3160 Sibley Hwy. mentioned that Ritchfield Blacktop may experience municipal retribution for making noise in the nieghborhood. It's simply not true. Sincere , i r� G Captain Jan A. Noles 5739 Wendigo Pk. Rd. Grand Rapids, MN 55744 (218) 327-2020 V� _501 -261;1, VC11LIr SkIW: ) \iinncapolis, SIN 55450 61z--7z6-II5I To whom it may concern: November 5, 1996 RECE'\/c:- , 2 6 1996 We listened to a tape recording of the Planning Commission Meeting of October 22, 1996 avid wish to clarify a few facts. We purchased the property in 1966 as a service station and garage and we sold Diesel as well as gasoline. We had a goad Diesel business avid when Mr. Thomas r1c^ Intyre purchased the property from us in 1982 he received a Permit from the city of Eagan to install two -additional tantts from which he sold Diesel fuel. The service station had been in operation for many years before we purchased it in 1966. We wish to nate also that the lots bordering our property on the top of -the hill we" -e all. vacant lots, until people began purchasing them to built! homes. The business property had been in this location for many years, but the land adjoining this property had been Glutted and sUrveyed for home lots many years .later. Needless to say, the lot buyers for homes were aware the business property was already there. George W. Huber OA ¢ w % (D3 ^crcHL-U, LL1 1V (j'�� INAMbIftm iav I�iJ 2 Iv�p Auguat 27, 1996 To Whom It May Concern, Eagan Mr. Tire, has been handling the fleet maintenance for th* past nine months for Safety-Kleen Corporation located at 3227 Terminal Drive in Sagan, Minnesota. During this time, Wares& wanner, the chief mechanic, has taken excellent care of the fleet. Kayne Crusta all vehicles like they are his own, and takes a tremendous amount of pride in the Yore that is performed. Wayne not only fixes the problems with the trucks, he spots items that could be potential problems in the futQX8 and brings them to my attention so T can maks a, decision an fixing it or letting the prcbl*a ride. OveY the past nine months, I have been v4ry happy with the service. I have used two other vendors in the area winds coming to Sagan, and I can certainly say with confidence that sa9an XS. Tire had, by far, en the best vendor for me. The pride, the respect for My -ck tbook and the reliability have all been benefits that X h Melt. Hest 8sfety-Xison Corporation 3221 Tcrasina l Drive Sagan, HN 55121 (612) 589-6975 is.- sh are TRMNMhL oftVZ E&AM. MH mat «s"w-a.rs c04 IN* Tam PACE.01 ass November 16, 1996 Dear Advisory Planning Commission: 6 096 Soon we will have another meeting regarding the CUP for our company and are concerned over the amount of misinformation of facts and events that have led to the problems that exist between us and the Miller and Green parties. So much has been blown out of proportion. We would like to take this opportunity to give you a little background. The business was started in 1951 by my father. Up until 1994, it was located in Bloomington in a part residential/business neighborhood. In fact, we had homes on both sides and behind our facility and never experienced any kind of problems with them. Our lease expired and we purchased the said property in Eagan. As you know, the property had been abandoned for five years and we put a tremendous amount of work, time and money into the building and land that had previously been a diesel gas station. At the time we applied for the CUP, our main priority was to get approval for a business that was already suffering because of our move and because of the hours devoted to updating the property. More than 500 hours alone went into the construction of the berm on the North side. We were pleased our CUP was granted, and our efforts continued non-stop to get the business running. Our blacktopping and landscaping business is only seasonal and we lost many customers when we made the move to the other side of the river. We then added Mr. Tire business to generate a more consistent source of income. This business was added after our original plan was approved with regard to bin location and parking of the trucks. We saw that the original plan if left as is, would have put the customer safety at risk when entering the garage area. Customers would have have been too close to trucks loading rock and backing up. We decided to place the bins on the Northeast corner of that reason. It did not occur to us we needed to get permission to change the bin location on our property. I assure you, we would never have knowing what we know now. We believe we were making a good sound decision that would make the best use of our land and at the same time, ensure the safety of our customers. Agsin, we'd like to stress that the Mr. Tire business did not exist when we presented our site plan for the location of bins. Had we been aware that we should have requested permission to change the location, we would have done that and feel confident it would have been approved. Please understand we were not aware that changes of that nature needed to have approval. Is this typical of all businesses in Eagan and if so, is there distributed material given to the business owners advising them of the this? If so, we didn't receive any. It should be noted, that the purpose and reasons for the bins being where they are today is strictly to eliminate the traffic flow risk to our customers and assist with the water flow from the hill above. We believe that our decision solved two problems and never imagined it would cause any problems with the Millers or Greens. We have never experienced such problems as with these two neighbors in all the years we have been in business. We have worked hard to establish a relationship with our neighborhood, customers, employers, employees and business relationships to be more than cooperative. We maintain our property in a manner that is appropriate with the neighborhood we are in. As you have heard from the majority of neighbors, we have made a positive difference. We have shown this same respect and willingness to cooperate towards both Mr. Miller and Mr. Green. When we first learned of Mr. Miller's noise complaint, we changed our activities as much as possible to satisfy him. Following is a list of things we did. ► installed special noise reduction mufflers on our tractors ► opened at 8:00 A.M instead of 7:00 A.M. on Saturday ► replaced one of the trucks with an aluminum box that has a bed liner to lessen the noise ► sold the diesel tractor that he specifically complained about In addition, his original complaint was the noise from our employee using a broom to clean out the bed of his truck. This too, was taken care of by instructing that employee not to make any noise before 7:00 A.M. on weekday mornings and in fact, he is no longer with us. We hope you can see that we did address these complaints and that we have made changes and compromises to cooperate with Mr. Miller and Mr. Green. Finally, we currently have a restraining order against Mr. Miller at the suggestion of one of the Eagan Police officers. Mr. Miller made a number of calls to the police department and complained to our employees in a very unpleasant manner. We had to put up with Mr. Miller hiring a private detective and others taking pictures and causing disruptions of our operation. Recently Mr. Miller tried to have the order lifted, but the Court decided the harassment order was to remain in effect for two years. Knowing this information we feel will give you a little background of events that have led to the current situation. We should point out that we are truly a "small" business. The noise from the landscaping business and landscape trucks is not an all day happening. This is a seasonal business. During the summer months, the average number of times we load a truck with rock or dirt is 4 or 5 times a day. These are all residential loads that take 3 to 10 minutes. As far as our blacktopping business is concerned, our blacktop crew reports to work 7:00 AM., the trucks are started up, they are gone all day until they return usually around 4:00 P.M. All loads for this is off-site. Thank you for consideration of this information and we would be happy to answer any questions you may have. I would like to extend an invitation to you to tour of our facility before the November 26th meeting. Please contact -us at our home 890-8666 or at work 454-1080. Sincerely, ,,• /jam'/' ✓��t}--- - 2 Agenda Information Memo December 4, 1996 ACTION TO BE CONSIDERED: To approve or deny an Interim Use Permit to allow outdoor storage of semi trailers as a principal use on property located south of Borchert Lane, between Mike Collins Drive and the Chicago, Milwaukee, St. Paul and Pacific Railroad subject to the six conditions listed in the staff report. FACTS: ► The property is zoned I-1, Limited Industrial and is surrounded by industrial uses or vacant property which is zoned either I-1 or PD. North Star Transport recently arranged a lease with the County to store semi trailers on this site, however they have been doing so for several years. ► The property is tax forfeit and the City is in the process of acquiring the parcel for parks and recreation development of North Park. City acquisition is anticipated within the next year. ► Upon investigating a complaint regarding the trailer storage, it was determined that a conditional use permit which the City requires for the outdoor storage had not been obtained. Because City acquisition of the property is anticipated, rather than a conditional use permit, an interim use permit is requested. ► No additional grading is proposed. Storage would not exceed 75 semi trailers. The storage area is a gravel surface. Security is provided by a fence across the entrance. ► The APC conducted a public hearing on this proposed Interim Use Permit at its regular meeting on November 26, 1996, and recommends approval subject to the six conditions outlined in the staff report. BACKGROUND/ATTACHMENTS: APC minutes of NoverrAer 26, 1996, to be forwarded with additional information on Monday. Staff report, pages J '�) ahrough LL( -t- PLANNING REPORT CITY OF EAGAN REPORT DATE: November 21, 1996 APPLICANT: North Star Transport PROPERTY OWNER: State of Minnesota/ Dakota County CASE: 12 -IN -2-10-96 HEARING DATE: November 26, 1996 PREPARED BY: Pamela Dudziak REQUEST: Interim Use Permit for Outdoor Storage as a Principal Use LOCATION: South of Borchert Lane, between Mike Collins Drive and the railroad. COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial North Star Transport is requesting an Interim Use Permit (IUP) to allow outdoor storage of semi trailers as a principal use on property located in the SW 1/4 of Section 12, south of Borchert Lane between Mike Collins Drive and the railroad. City Code Section 11.22, Subd. 1 defines Interim Use as "a temporary use of property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit it." Section 11.22, Subd. 2 Conditions. states: The Council may issue interim use permits for an interim use of property if- A. £ A. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the zoning regulations herein. 13 C. 0 The date or event that will terminate the use can be identified with certainty. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and The user agrees to any conditions that the Council deems appropriate for permission of the use; and lob Planning Report - North Star Transport November 26, 1996 Page 2 E. The use meets the standards set forth inn the zoning regulations herein governing conditional use permits. City Code Chapter 11, Section 11.40, Subd. 4, C states: The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. This tax forfeit parcel is owned by the state and managed by Dakota County. The City is in the process of acquiring the parcel for parks and recreation development of North Park. This property was an unlicensed dump site, used primarily for disposal of road construction debris. Prior to acquiring the property, the City must prepare a closure plan for the past dumping which occurred on the property. Preparation of the closure plan is currently in progress and City acquisition is anticipated within the next year. Planning Report - North Star Transport November 26, 1996 Page 3 North Star Transport recently arranged a lease agreement with the County to store semi trailers on this site; however, they have been doing so for several years. In investigating a complaint regarding the trailer storage it was determined that a conditional use permit which the City requires for the outdoor storage had not been obtained. Because City acquisition of the property is anticipated, rather than a conditional use permit, an interim use permit is requested to allow the continued use of the northern portion of the parcel for the outdoor storage of semi trailers by North Star Transport. The site is generally open except around Pond EP -2 which is moderately to heavily wooded. The area proposed for outdoor storage is gravelled and generally slopes toward the west, with steep slopes adjacent to Pond EP -2. A majority of the site upland from Pond EP -2 has been previously graded. The use of the property by North Star Transport has resulted in greater security of the property against unauthorized access. The site is secured by a fence along the north portion of the property and a gate at the access drive. Dakota County also has posted "no trespassing" signs. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Power Brake Equipment, Zoned I-1, Limited Industrial; Guided IND, Limited Industrial South - Compost site and Gopher Smelting; Zoned PD, Planned Development; Guided IND, Limited Industrial East - Vacant, Zoned I-1, Limited Industrial; Guided IND, Limited Industrial West - Vacant, Zoned I-1, Limited Industrial; Guided IND, Limited Industrial r *M1 It K% 1i1i)i an R 31011) Compatibility with Surrounding Area - The property is zoned Limited Industrial, along with surrounding property and the Planned Development property to the south and southeast contains industrial uses. Outdoor storage of semi trailers is a conditional use in the I-1 zoning district. Parcels adjacent to the storage area contain similar industrial uses and would not be negatively impacted by the continued storage of semi trailers on this site on an interim basis. Site Plan/Landscaping - The site is 47.98 acres in size, the western portions of which is Pond EP- -2 The outdoor storage area is located on the north end of the parcel. If this were a conditional use permit and the City was not planning to take over the property in the near future, the developer would be responsible for upgrading the storage area with concrete curb and gutter, bituminous paving and storm sewer. However, because this is an interim use permit, these standard site improvements are not proposed by the developer, nor considered appropriate by staff because of the temporary nature of an interim use permit. t (o Planning Report - North Star Transport November 26, 1996 Page 4 Grading/Wetlands - No additional grading is proposed for this use. As mentioned previously, North Star Transport has already been using this site for trailer storage. The applicant has indicated that a maximum of 75 trailers would be stored on this site. Access/Street Design - Access to the site is via Borchert Lane off of Mike Collins Drive. Tree Preservation - Trees and other vegetation currently on the site will remain undisturbed. The use of the property for semi trailer storage is compatible with surrounding development and satisfies the criteria outlined in the City Code for an interim uses. To approve or deny an Interim Use Permit for outdoor storage as a principal use. This Permit shall terminate upon the earlier of two years following the date of issuance of the permit, or 30 days following notice to the applicant that the City has acquired ownership of the property. 2. - This Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine compliance with the conditions of the permit. The Interim Use Permit may be revoked for failure to comply with any condition of the Permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 3. All storage shall be located on the northern portion of the property and contained within the existing gravel surfaced area. 4. The property shall be used for storage of semi trailers only. 5. No more than 75 semi trailers shall be stored on the property at any one time. 6. No vehicle maintenance activity shall be conducted on the property. TrA. 0 rs_V •. 1 0:*�P-owII101a■t'1rev II CIIIIio■1'1!:l9 FAM Z401WASINIINIG gm -. - smi� WienINiels �.1110.00 -� SME North Star Transport, Inc. "`%- Case No. 12 -IN -2-10-96 Comprehensive Plan Map IND ID4I IND ' ' ' hw, Dan D; IND k I I D4 I I D4 i P P til i, -,hili IND - I IND I—, ND r Fu IND I 1 ; J i ID 1 I I Dal 1 IND1,0.0".—KIM DOODLE RD. .r.;..I-via rw.x r.ee — - I' I IND LL 1 IND ` IND Guide Plan Designation IND Industrial A N eoo 0 soo - 1000 r-eet J' City of Fagan Community DeveloMent Department �. eD fjj s / I Z � I 9 W�1•� 1. // :I 3• � it /�� .. s. tl - • 16 u � / go K Z � I 9 W�1•� 1. 3• t , �l • 3 �f�ji�1 t j . i •it1 t i� - a -o .00 a - - : i • : •Oso `'{� 9 ��� ,� SITE PLAN sY Lp'"an°n<+�'� GENERAL OFFICE 837 APOLLO ROAD, P.O. BOX 21307, ST. PAUL, MN 55121-9902 TELEPHONE: (612) 452-8770 NORTH STAR TRANSPORT INC. September 12, 1996 Steve Dorgan Associate Planner City of Eagan 3830 Pilot Knob Road Eagan MN 55122-1897 Regarding our application for a Conditional Use Permit (CUP) for the outside storage of semi trailers on the property described as the Borchert - Ingersoll site off of Mike Collins drive, the Comprehensive Guide Plan and zoning classification designation is industrial. It is our desire to use this property for our business to park trailers. The maximum amount of trailers that we would park there at any given time would be 75. We would exit and enter the property from Mike Collins drive and Borchert Lane. We are currently using the property for the parking of trailers associated with our business. The surrounding 660 feet of land is used and zoned industrial. If you have any questions regarding this matter please contact me at 452-8770. Sincerely, Chuck Larson Director of Administration RT. 1, HWY. 59 NO., THIEF RIVER FALLS, MN 56701 • TEL. (218) 681-6637 P.O. BOX 357 • ROSEAU, MN 56751 • TEL. (218) 463-1711 lC Agenda Information Memo December 4, 1996 C. CONDITIONAL USE PERMIT - WAL-MART STORES, INC. ACTION TO BE CONSIDERED: To approve or deny a Conditional Use Permit to allow outdoor storage of a trash and recyclable materials storage area on the east side of the building near the loading docks on Lot 1, Block 1, Town Centre 70 Eleventh. Addition located at 1360 Town Center Drive. To approve or deny a Conditional Use Permit to allow outdoor storage of cargo trailers on Lot 1, Block 1, Town Centre 70 Eleventh Addition located at 1360 Town Center Drive. FACTS: ► The property is zoned CSC, Community Shopping Center. The property was platted in 1991 and the store constructed in 1992. The original approval included a 30,000 square foot expansion area off the rear (east) side of the existing building which has not been constructed. ► The proposed storage area for trash and recyclable materials is east of the existing screening wall at the southeast corner of the building. Although the trash/recycling area will not be totally enclosed, the applicant proposes to construct an extension of the wall to the northeast to further screen this storage area. ► The storage trailers are for seasonal merchandise warehousing and are proposed to be located on the grass area east of the building, are not on a bituminous or concrete surface, and not within an enclosure. ► Future commercial buildings between Wal-Mart and Denmark Avenue will be in close proximity to the proposed outdoor storage. In addition, there are residential developments east and south of the site. No. The APC conducted a public hearing on the proposed Conditional Use Permits at their regular meeting on November 26, 1996, and recommended approval of outside storage area for pallets, cardboard and recyclable materials subject to the conditions outlined in the minutes of the APC meeting. The APC recommended denial of the outside trailer storage. ISSUES: ► Members of the APC expressed frustration with on-going code enforcement issues i17 pertaining to outdoor storage with Wal-Mart. Trash and recyclable materials, primarily boxes and pallets, have been stored outside near the loading area, and merchandise other than yard and garden products have been stored with the garden store area on the south side of the building. ► The APC also stated that the outdoor container storage for over -stock merchandise was inappropriate and not consistent with past City practice or current operations of other Eagan retailers. ► The APC encouraged Wal-Mart to construct some or all of their approved 30,000 SF expansion. BACKGROUND/ATTACHMENTS: (1) APC minutes of November 26, 1996, to be forwarded with additional information on Monday. Staff report, pages 4 through %l � c9 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 21, 1996 APPLICANT: Wal-Mart Stores, Inc. PROPERTY OWNER: Wal-Mart Stores, Inc. CASE: 15 -CU -25-10-96 HEARING DATE: November 26, 1996 PREPARED BY: Pamela Dudziak REQUEST: Conditional Use Permit for outdoor storage LOCATION: 1360 Town Center Drive COMPREHENSIVE PLAN: CSC - Community Shopping Center ZONING: CA - Central Area Wal-Mart Stores is requesting a Conditional Use Permit (CUP) for outdoor storage on their property located at 1360 Town Center Drive. The proposed outdoor storage is located on the east side of the building and consists of two types: 1) a trash and recyclable materials storage area is proposed near the loading docks, and 2) up to sixteen cargo trailers are proposed at the northeast and southeast corners of the building for merchandise storage. The cargo trailers are proposed to be used from October 1 to December 15. City Code Chapter 11, Section 11.40, Subd. 4, C states: The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. � �1 Planning Report - Wal-Mart November 26, 1996 Page 2 D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Additional standards apply to the evaluation of a conditional use permit for outside storage. Section 11. 10, Subdivision C.1. states that in addition to the above standards for conditional use permit, outdoor storage shall conform to the following standards: A. Outdoor storage items shall be placed within an enclosure. B. All such enclosures shall be attached to the principal building except in the Limited Industrial District. C. The enclosure shall be made of material suitable to the building and the items to be stored. D. The enclosure shall not encroach into any established front building setback area or other required setbacks. E. The enclosure shall not interfere with any pedestrian or vehicular movement. F. The items to be stored shall not exceed the height of the enclosure. G. The display area shall not take up required parking spaces or landscaping areas. H. The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. I. The square footage of outdoor display area shall be included in the calculation of required off-street parking for the principal use of the property. �,C;-C) Planning Report - Wal-Mart November 26, 1996 Page 3 The property was platted in 1991 and the store constructed in 1992. Over the past four years, city staff has dealt with code enforcement issues pertaining to outdoor storage with Wal-Mart. Trash and recyclable materials have been stored outside near the loading dock area, and the garden store area has been used for storage of merchandise other than yard and garden products. In addition to these issues, this fall Wal-Mart brought in 13 cargo trailers and located them east of the store to provide additional merchandise storage space during the holiday season. City staff contacted the store manager and advised him that a conditional use permit is required for outdoor storage. Subsequently, Wal-Mart submitted this application for a conditional use permit to allow the use of the cargo trailers and to allow the outdoor storage of trash and recyclable materials near the loading docks. City staff continues to advise Wal-Mart that a condition of their original approval requried that only yard and garden products may be stored and displayed within the fenced garden store area. The original approval of Wal-Mart included a 30,000 square feet expansion area off the rear or east side of the existing buidling. This expansion has not been constructed. The Wal-Martstore is located at the south end of the Town Center Shopping Center, north of Duckwood Drive and east of Town Center Drive. The building entrance is on the west side with parking west of the building, and loading docks are located at the southeast corner of the building. Loading area access is primarily via a service drive from Duckwood Drive. The painted block wall near the loading area has not been maintained and the paint is peeling. SURROUNDING USES The Town Center Shopping Center is designated CA - Central Area in the Comprehensive Guide Plan and zoned CSC - Community Shopping Center. Wal -Mart's outdoor storage is proposed to be located on the east side of the building. The eastern property immediately adjacent to Wal- Mart and the proposed outdoor storage area is vacant commercial property. East of Denmark Avenue are the Forest Ridge apartments which are zoned R4. The following list indicates the uses, zoning and comprehensive guide plan designations which surround the subject property. North - Kohl's store, Zoned CSC - Community Shopping Center, Guided CA - Central Area South - Retail stores, Zoned CSC - Community Shopping Center, Guided CA - Central Area East - Vacant Property, Zoned CSC - Community Shopping Center, Guided CA - Central Area West - Super America and auto service mall, Zoned CSC - Community Shopping Center, Guided CA - Central Area lad Planning Report - Wal-Mart November 26, 1996 Page 4 Compatibility with Surrounding Area - The site is within a large commercial retail/service area. The proposed outdoor storage area is situated at the rear of the building near the loading area. However, the adjacent property between Wal -Mart's proposed outdoor storage area and Denmark Avenue is also zoned CSC - Community Shopping Center and eventually will develop with commercial uses. Although it is anticipated that these these future commercial buildings will be oriented toward Denmark Avenue with their loading areas adjacent to Wal -Mart's loading area, they will be in close proximity to the proposed outdoor storage area. In addition, there are residential developments both south and east of the site. The aesthetic impact of the proposed storage area to these residences, future commercial developements and from the public right-of- way should be considered. Currently they will be visible from Duckwood Drive. Site Plan - The cargo trailers are proposed to be located on the east side of the property at the north and south ends of the building. There is currently a total of 13 trailers on the site, but the applicant has requested the permit to allow up to 16 trailers. The cargo trailers do not have wheels or legs and sit directly on the ground. Each trailers is approximately eight feet in width and height, and 40 feet long. The trailers are located between the service drive and the building on the lawn area, and no paving of this area is proposed. No enclosure for the trailer storage area is proposed. The proposed storage area .for trash and recyclable materials is at the southeast corner of the building, east of the existing concrete wall which screens the loading docks from Duckwood Drive. The applicant proposes to construct an extension of this concrete wall to further enclose and screen the trash and recyclable materials storage area from view to the south and east. The wall extension is proposed to be eight feet in height, and of the same grey and red painted concrete materials as the existing wall. Grading/Wetlands - No grading is proposed. Storm Drainage/Wateruality - The trailers are located on the lawn area of the site and result in some additional runoff being generated, however the amount of additional runoff generated and its impact on water quality is insignificant. Damage to the lawn resulting from the trailers will need to be restored when the trailers are removed. Utilities - The proposed outdoor storage has no impact on existing utilities. Access/Street Design - No changes to accesses or street design are proposed. The proposed wall extension and location of the cargo trailers will not interfere with the loading docks or other access and circulation around the building. Easements/Rights of Way/Permits - According to the site plan, the proposed outdoor storage containers will be partially located within a drainage and utility easement dedicated to the City (aa Planning Report - Wal-Mart November 26, 1996 Page 5 with the Town Centre 70 11th Addition over a sanitary sewer line. The developer should be aware that, subject to terms of the easement, in the event a situation arises that the City needs to access this sanitary sewer, the trailers will need to be removed from the easement at no cost to the City. Tree Preservation - No trees are being removed as part of this proposal. The City Code outlines specific criteria for outdoor storage and display which are listed under the Authority for Review section of this report. Wal -Mart's proposed outdoor storage of trash and recyclable materials includes the construction of a screening wall to enclose the storage area, and appears to satisfy the other criteria outlined in the City Code. The original approval of Wal-Mart included a 30,000 square feet expansion area off the rear or east side of the existing buidling. This expansion has not been constructed. The original Wal-Mart approval included a building expansion which has not been constructed. The outdoor storage of cargo trailers is proposed in the location identified for expansion to provide additional warehouse space. Outdoor trailer storage to provide additional warehouse space for a retail facility has not been allowed elsewhere in Eagan. The proposal varies from the criteria for outdoor storage established in the City Code in that the cargo trailers are not on a hard surface and are not proposed to be screened and within an enclosure. Their presence visually impacts on the residents in the apartments east across Denmark Avenue and to a lesser degree residents and traffic to the south on Duckwood Drive. Sight lines and visibility from Denmark Avenue and the apartments will be opened up as the property east of Wal-Mart develops. A. To approve or deny a Conditional Use Permit for outdoor storage of trash and recyclable materials. Approval should be subject to the following conditions: 1. An eight foot screening wall shall be constructed around the trash and recyclable materials storage area and shall consist of materials and color scheme to match the existing wall and building. B. To approve or deny a Conditional Use Permit for outdoor storage of cargo trailers. Approval should be subject to the following conditions: 1. The outdoor storage of cargo trailers shall be allowed only between October 1 and December 15 of each year. �a3 Planning Report - Wal-Mart November 26, 1996 Page 6 2. In the event a situation arises that the City needs to access this sanitary sewer, the trailers will need to be removed from the easement at no cost to the City. 3. The trailer storage area shall be hardsurfaced with bituminous or concrete. �04 FINANCIAL OBLIGATION -15 -CU -25-10-96, Lot 1, Block 1, Town Centre 70 Eleventh Addition There are pay-off balances of special assessments totaling $0 on the parcel proposed for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the availability of the City's utility system. Improvement Use Rate Quantity Amount None 5-0 0AYWOIIto] 10k1lrll ■M3 a u Q elm 11 Nis mill pow 1• W11WPUi -Rpm PIP HO 6 WE= FAA 0 . i i�� ;�W� ` ►�i Y6i1 Viii 4 r_ :......... •M ter. ■ � _: �rr.a+lr.r r■ � �r' . r rrl or ..::rte■�l''� 0 ■ ?!` *ow Wal-Mart Stores, Inc. °� Case No. 15 -CU -25-10-96 Comprehensive 5 -CU -25 -10 - Comprehensive Plan Map SCA —, alfl' g . j CA CA ca CA CA CA CA I CA J � Li CA CA ' _ DUCKVMD ' 11 CA CA -11 , I ' 1 \: I I x iall Guide Plan Designation CA Central Area 3 City of Eagan Community Dwdopnw t Department t6 �q f! aT TOWN ..,,� 77 Gt " zz � Low NZ A S- s �� r� � ter,•.} �. �}'ar�,� • i a I u - � i.r• iia i}}_ f� Jili ! °j �ilatil°ii�t�(t+tJilr-s = 7 it Jiff%S�fifts7a+�iP FE iJ Pa J} J w 1.• � f fn fn P7 t=7 ii P7 '�f.ljt��. tt�lilra►"fj�jj�J i ,.. ........— -- DENMARK AVENUE syFi= SITE PLAN c Gt " � s e u - � i.r• iia i}}_ f� Jili ! °j �ilatil°ii�t�(t+tJilr-s = 7 it Jiff%S�fifts7a+�iP FE iJ Pa J} J w 1.• � f fn fn P7 t=7 ii P7 '�f.ljt��. tt�lilra►"fj�jj�J i ,.. ........— -- DENMARK AVENUE syFi= SITE PLAN 0 CIC, 7j- > > < r1l TI JF7-1 I— o , If l DD 7,j X- C -1 C.I. i I ------------------------------------------------- U --------------------------------- I ---------- r � _1 • . sem• . ., / � / j / � !� �� i .r� /' � � � . / � � . � . � i i � � / � � / / 1 • �. i i / � �/ / 1 _ i � � / i � � � , , � � ., .- a� � � ' _ „ ' , ' / � � r � �� � � r i� i/ /'� e � �� • ''i , � �, / r• ,�� • � 1 1 � 'i /' � - • �/ i / � i � .� /� a • // i i - � i i /. � . � � / � i � - � � . / � - .. /3 ard . ,"4 � 642L rr�aC� C4. Agenda Information Memo December 4, 1996 Eagan City Council Meeting D. 1997 CITY OF EAGAN FEE SCHEDULE ACTION TO BE CONSIDERED: To approve, deny or modify the 1997 City of Eagan Fee Schedule. FACTS: The Finance Department annually coordinates a review by all departments of the City's fee schedule. Recommended modifications are noted on the enclosed fee schedule. ATTACHMENTS: • Memo fro ssistant Finance Director Pepper noting certain changes on pages 1� through • Proposed fee schedule on pages through `60(0. ins — city of eagan TO: Gene VanOverbeke, Finance Director FROM: Tom Pepper, Assistant Finance Director DATE: November 26, 1996 SUBJECT: 1997 Fee Schedule Attached is a draft version of the 1997 Fee Schedule. Some of the changes reflect action the City Council has already taken (residential plan review fee, and radio and PCA antennae leases). Some of the changes reflect the usual nominal increases (e.g., water meter rates based on the City's cost; the 2.5% increase in street assessments, road unit and connection charges based on the ENR index, etc.). The remainder of the suggested changes for consideration by the City Council are itemized below: MEMO EM 2 Reduce combination rubbish hauler license fee for first truck from $75 to $50. This makes all rubbish hauler license fees the same regardless of type of hauler. 2 Eliminate $2 late fee on dog licenses to encourage registration. The City will also make dog licenses available for purchase at veterinary clinics in Eagan, and will reimburse the clinics $.50 for each license sold. 4 Reduce photocopy charge to $.25 per page, which is more in line with other cities' charges. 4 New charge for BCA urine or blood test kit—$10. 5 Grading/excavation permits for preliminarily platted properties is increased from $250 to $300; permits for properties not preliminarily platted is increased from $150 to $400. Renewals are increased from $150 to $200. Revisions are based on Engineering estimates of staff time involved in review. 5 Utility company permits are increased from $10 to $15. 6 New 3448 color Comp Guide map is $25. 6 Comp Guide Plan Amendment fee is reduced from $500 to $300, but requires an escrow deposit (per Preliminary Subdivision guidelines) for staff time. � 3(,p Page 6 New Central Area Plan is $3. 7 Escrow for Final Planned Development is reduced from $4,000 to $2,000. 7 New Planned Development amendment (separate from rezoning) is $150, and requires $1,000 escrow. 9 Building permits fee for decks is increased from $45 to $50; building permits for fireplaces/stoves and demolition permits is increased from $25 to $50. 9 Disposal permits fee is increased from $65 to $75. ($40 of it goes to County.) 10 SAC charge is increased from $1,000 to $1,050 to correspond with MCES increase of $50. 11 Plumbing permit fees for water softeners is increased from $5 to $20. 11 New fee for abandonment of private sewage disposal (septic) system on demolition of $20. 19 Storm water drainage utility rate is increased 3% from $5.40/REF/quarter to $5.65. 19 Streetlight/signal light utility rates generally are decreased by 4.5%. 22 Changes in parkland dedication fees for various property types range from -3% to 23%. 22 Trapp Farm and Thomas Lake Park pavilion rentals are increased $5 for both residents and non-residents; new charge for Blackhawk pavilion kitchen rental is $30. 23 Trapp Farm reserved tubing facility rate is increased from $25/hour to $45/hour. 24 Equipment rates for sewer jetter, rodder and vacuum are increased to $130/hour from $33-70/hour to discourage people from using the City for plumbing needs in non -emergency situations. Old rates were well below market rates. 24 New TV camera rate for water/sewer utility inspection/repair of $150/hour. 24 City staff rates for Senior Technician/Construction Supervisor is increased from $45/hour to $50; Maintenance person rate is increased from $20/hour to $23 for regular time, and from $30/hour to $31 for OT. 25 New sidewalk plowing fee of $30/lot per plowing. EM 25 Fire Dept hazardous materials cleanup charges are modified: first'/ hour and first 20 -Ib bag of absorbent are free; hazmat trailer is $100/hour thereafter and additional materials are billed at cost. 25 New Fire Dept rescue boat fee of $100/hour. 25 New Fire Dept safety house rental rates: -- Within Eagan: for fire prevention visits to schools and daycares, there is no charge; for other special requests, fee is $25. -- Outside of Eagan: use of house only is $150/day plus mileage; use of house with manpower and materials is $200/day plus mileage. 26 Developer's escrow for Final Planned Development is reduced from $4,000 to $2,000 (see also page 7). 26 Developer's escrow for Subdivision Application for 1-3 lots is reduced from $4,000 to $2,000. Also attached is documentation submitted by each department regarding the proposed fee changes. Let me know if you have any questions. Wfew.mem 14 LIQUOR/BEER/N'INE TEES Wine Application and Investigation 350.00(1) On -Sale License 400.00 Sunday License 100.00 Consumption and Display 25.00 Daily Sports or Convention 50.00 Duplicate License 5.00 "'When Wine and Beer are applied for by the same applicant, the total maximum investigation fee is $400.00. olAlso requires an escrow deposit of $1,000.00 for up to requiring investigation and $200 for each additional if tion is conducted within Minnesota, or $28000.00 for up requiring investigation and $400.00 for each additional gation is conducted outside of Minnesota. five persons the investiga- to five persons if the investi- 1996 FrE TXPj 9'88 BEER, LIQUOR AND WINE , Beer Application and Investigation $ 350.0011) Off -Sale License 75.00 On -Sale License 350.00 Temporary License 25.00 Liquor Application and Investigation 300.0001 Off -Sale License 200.00 On -Sale License 4,000.00 Sunday License 200.00 On -Sale Club License Less than 200 300.00 201-500 500.00 501-11000 650.00 1,001-2,000 800.00 2,001-4,000 10000.00 41001-6,000 2,000.00 Over 6,000 3,000.00 Temporary (Up to Three Days) 150.00 Wine Application and Investigation 350.00(1) On -Sale License 400.00 Sunday License 100.00 Consumption and Display 25.00 Daily Sports or Convention 50.00 Duplicate License 5.00 "'When Wine and Beer are applied for by the same applicant, the total maximum investigation fee is $400.00. olAlso requires an escrow deposit of $1,000.00 for up to requiring investigation and $200 for each additional if tion is conducted within Minnesota, or $28000.00 for up requiring investigation and $400.00 for each additional gation is conducted outside of Minnesota. five persons the investiga- to five persons if the investi- Rubbish Hauler Commercial, Residential • / or Recycling Only `�Q?+ 1st Truck Each Additional Commercial/Residential Combination 1st Truck Each Additional Service Station Solicitors (Non -Profit) Solicitors (For Profit) License Fee Trailer Permit 1996 lggI FEE Fcc $50.00 25.00 75.00 5-o.co 25.00 100.00 25.00 50.00 Investigation 25.00 up to 3 solicitors 5.00 each additional over 3 50.00 Dog License (2 -year license) 12.00 Late - Duplicate Dog Tag (Also covers dogs 2.00 licensed in another city) Kennel Permit Initial 100.00 Renewal 50.00 Animal Pick Up Animal Impound Pet Shop License Parade Permit Fee Shows License (circus, carnival, etc.) Massage Therapy Establishment License Massage Therapist License Gambling Investigation Cigarette License 15.00 4.00/day over amount billed the City by animal pound 100.00 25.00 25.00 50.00 Investigation 300.00 (includes 1 massage therapist license) 300.00 Investigation (includes 1 massage therapist license) 50.00 200.00 Investigation 250.00 40.00 /41 2 ®c'� ( icAm5tj are, ^irA;iQbk %far Vturrst, ek o4t riv%ay CtZn4 is HA E4par, 1996 -- ZZZ_ UPE FES ^� Mechanical Amusement 1-3 Machines $25.00/Machine 4-9 Machines 200.00 Total 10-15 Machines 350.00 Total More than 15 Machines 500.00 Total Contractors Licenses Plumbing MN Master License No. & $2,000 Bond & Certificate of Insurance Sewer and Water MN Master License No. & $2,000 Bond & Certificate of Insurance Dance hall Permit 300.00 300.00 Investigation Public Dance - Single Event 50.00 Pawn Shop License 12,000.00 850.00 Investigation per owner Stable License 50.00 . Golf Driving Range License 50.00 Motorized Golf Cart Permit 25.00 Painthall Facility License 150.00 50.00 Investigation Recycling Bins (Additional) 5.00 each Hunting Permit 10.00 Resident 25.00 Non-resident 3. 4,;L__ FEE JXPE Photocopies Returned Check Fee Mailing Labels e Notary Seal Voter Certification Data Processing Reports False Alarm Commercial Residential 1996 E $.50/page 20.00 10.00 113 ! fi (DI 1.00 Each for first 5 .50 each for all additional 1.00 LOGIS Charge + 10% 75.00 Per False Alarm After 3 (City Code) 75.00 Per False Alarm After 3 (City Code) Invoicing Charge 15% (to Maximum $10) Litt att4dw( Research of City Records 20.00/hr (Beyond Readily Available Material) Alarm Panel 8.00/month Police/Fire Reports: Accident Incident Arrest (weekly) Accident Report Summary Photos: Viewing Accident Reports Tapes: Audio Video Driver's License Printouts Fingerprinting 4.00 4.00 initial report .25/ea. add'1 page 20.00/week 10.00/week 10.00/first print .50/print after first (Comm. Users) .50/report Handgun (Permit to Carry) Application Police Records Checks/Clearance Letters Street Closure "No Parking" sign bagging fee 25.00 each 35.00 each 5.00 10.00 10.00 Approved by City Council 10-4-94 5.00 (Non -Law Enforcement Agencies) 25.00 41) 50.00 41) Requires $25.00 deposit to cover City property used to accommodate the closure. 4 Zj J), 00 C -� P0,60, Lcas, PCs WeUgAt Arhff �, Pig` 4- jw*,,itvwl 1991 P14. 'r(t, 9asol r (��' s�� �M*MkAftt, l t'i.vis I ryj r si tPA 4'1 itoxt, � c 5-00.0b � `r s iflt 6ao,w Pce s i fe 2, dviv�ao �' �a� 1996 1991 FSE, 'HYPE FEB_ 1/2 Section - property only 1/2 Section - property and planimetric 1/2 Section - property, planimetric and contours 1/8 Section - property, planimetric and contours 1/2 Section - aerial photo 1/4 Section - property only Lodging Tax 10.00 50.00 150.00 40.00 6.00 5.00 3% of Gross Receipts Grading/Excavation Permits If Preliminarily Platted 250.00 30D.OD Not Preliminarily Platted 0-5 Acre 150.00 4tv.PD Each Acre Over 5 Acres 50.00/Acre ($550 Maximum) Renewal Utility Permits Utility Companies Permit For Construction in City Rights-of-way and easements (fee is waived if issued with residential boulevard landscaping, irrigation or utility permits) Reallocation of Special Assessments Assessment Search Pending Assessment Report Final Assessment Report Assessment Fee on Delinquent Bills Copies of Legal Desc., owners, etc. Vacation Proceedings Industrial Revenue Bond and Multifamily Housing Bond Processing Fee Tax Increment Processing Fee 150.00 10.00 50.00 150.00 10.00 25.00 2ob•W 157,170 .50/page ($10.00 Minimum) 25.00/parcel 1.00/page 300.00 (Plus out-of-pocket City costs on vacations requiring replacement easements and/or transfer of property if handled outside the normal subdivision process) 500.00 (Plus out-of-pocket City Costs) 500.00 (Plus out-of-pocket City Costs) res 1996 FEE. Market Analysis Study 50.00 Tree Preservation Policy 3.00 Zoning Map dC 11 X 17 color 5.00 z2 r co bt ` 15.00 Zoning Regulations (City CaA&- �p. il) 10.00 '�� Liquor Regulations (City Code -Chap. 5) Subdivision Regulations (City Code-Chap.13) Traffic Regulations (City Code -Chap. 8) Parking Regulations (City Code -Chap. 9) Landscape Policy Sign Regulations Shoreland Zoning Ordinance City Code Each Chapter (All Chapters Except 5,8,9,11,13) Code Book Code Book with Binder City Code Updates Street Name Change Application Comp. Plan Amendment Comprehensive Guide Plan Map Commercial Market Study Water Quality Management Plan Water Quality Classification Map Comprehensive Storm Water Mgmt. Plan Fee Schedule 10.00 10.00 3.00 3.00 3.00 3.00 3.00 5.00 60.00 75.00 10.00 100.00 plus out-of-pocket City costs 500.00 3DD.av Pvts aoww 3.00 4d 75.00 S+ dtJ�R+�111 50.00 5.00 50.00 (three ring binder) 35.00 (spiral bound) 3.00 1996 PER TYPE FEB Trunk Storm Sewer Drainage Map $2.50 Comp. Water Supply/Distribution Plan 50.00 Trunk Water System Map 2.50 Comp Sanitary Sewer Policy/Plan 50.00 Trunk Sanitary System Map 2.50 Plans and Specifications 50.00 SUBDIVISION AND ZONING Final Subdivision Preliminary Subdivision"' Rezoning"' Preliminary Planned Development Final Planned Development PD -Annual Review Ql,, *AiM"-Vf - (sap•,'ok Arm ric.�, ntlr Cond tional Use Permi Variance (l) Waiver of Subdivision(" 1996 1197 FEA 5-t- $100.00 +3.00/lot 300.00 250.00 Require Escrow Deposits Per Development Escrow Policy Requires $500 escrow when Site Plan is included. 250.00 Requires Same Escrow as Preliminary subdivision Zjflpb 100.00 Requires $4,000 Escrow 100.00 l50.� Qc�una Et�o���crs�a 150.00 Requires $500 escrow 150.00 Duplex Lot Splits 50.00 Others (Except Single 150.00 Requires escrow Family Zoned Property) per development Single Family Zoned escrow policy. Property 300.00 (No Escrow) Interim Use Permit") 150.00 Requires $500 Escrow when Site Driveway Agreement Preparation 200.00 Plan is included Lot Combination Agreement 200.00 NOTE: Rezoning, Preliminary and Final Planned Developments, Conditional Use Permits and Interim Use Permits do not require an additional escrow if they are incorporated with a subdivision application. (1) Application to Appeal - 50% of Original Fee INSPECTION FEES Building Permit Building Permits for Selected Work at Existing Residences: Basement Remodel/Finish Deck Fireplace/Fireplace Stove Demolition Permit Disposal Permit Electrical Permit Heating, Ventilating and Air Conditioning Moving Permit Plumbing and Gas Fitting Process Piping Sign Permit Wind Energy, Radio and Television Tower Permit 1996 1 q91 FEE Based on Value - See Attached Building Permit Fee Schedule 50.00 45.00 SD,ov 25.00 5p.d 25.00 '15.00 65.00 (includes 40.00 County permit fee) See Attached Electrical Inspection Fee Schedule See Attached Mechanical Permit Fee Schedule 75.00 Plus Cost of Repairs and Escrow See Attached Plumbing Permit Fee Schedule See Attached Mechanical Permit Fee Schedule 2.50 per square foot Based on Value - See Attached Building Permit Fee Schedule Plan Check (Valuation over $10,000) Commercial/Industrial 65% of Building Permit fee L5 Residential 50% of Building Permit fee Foundation Permit Replacement Building Permit Field Card Lot Transfer Fee (Bldg. Permit) Processing Fee on Canceled Permits Duplicate Certificate of Occupancy Reinspection Fee Based on Value - See Attached Building Permit Fee Schedule 5.00 50.00 50% of Plan Check Fee 5.00 30.00 Address Change (After Bldg. Permit issued)50.00 1996 FEE TYPE FEE Reprocess Fee (End of the Month Permits) 20.00 Underground Storage Tank Installation/Removal See Attached Mechanical Permit Fee Schedule State of Minnesota Contractor License Verification 5.00 SIIILDING PERMITS CITY OF EAGAN Fees based on 1994 UBC Fee Schedule. There is a Plan Check Charge on all permits with valuation over $10,000. (See page 9.) Permits are issued to specific lots - ,any lot change after issuance of permit $50.00 transfer fee. Utility Charges - collected with permit fee (Applies to Single Family Dwelling Permits - Verify All Others) 1991 Sewer Availability Charge (SAC) $11,000.00 I,D3'O.DO Water Availability Charge (WAC) $760.00 7 gD b0 Water Meter (5/8") $107.00 409'.Vo Road Unit Charge $430.00 40.00 Treatment Plant Charge $396.00 14-w.vo ------------------------------------------------------- --------------- $1.00 - $500.00 -- $21.00 $501.00 - $2,000.00 -- $21.00 for the first $500.00 plus $2.75 for each additional $100.00 or fraction thereof, to and including $2,000.00. $2,001.00 - $25,000.00 -- $62.25 for the first $2,000.00 plus $12.50 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $25,001.00 - $50,000.00 -- $349.75 for the first $25,000.00 plus 9.00 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $50,001.00 - $100,000.00 -- $574.75 for the first $50,000.00 plus $6.25 for each additional.$1,000.00 or fraction thereof to and including $100,000.00. $100,001.00-$500,000.00 -- $887.25 for the first $100,000.00 plus $5.00 for each additional $1,000.00 or fraction thereof. $5008001.00 - $1,0001000 -- $2,887.25 for the first $500,000.00 plus $4.25 for each additional $1,000.00 or fraction thereof, to and including $18000,000.00. $1,000,001.00 and Up -- $5,012.25 for the first $1,000,000.00 plus $2.75 for each additional $1,000.00 or fraction thereof. All permit fees are rounded to the nearest dollar. Sewer Availability Charge (SAC) -80% of $1,000 Water Availability Charge (WAC) -80% of $ 760 Road Unit -80$ of $ 430 Treatment Plant Charge -80% of $ 396 Ig91A!, x number of units 1.050 x number of units 'I$o x number of units 44o x number of units -4---10 Accessory buildings in apartment complexes will not pay MWCC SAC (Per MWCC policy). City SAC, WAC, Road Unit and Water Treatment will be charged at 80% of full value. Value Egged Permits Valuation of Structure Surcharge Addition or Alteration computation $1,000,000 or Less .0005 x Valuation $1,0001001 to $21000,000 $ 500 + .0004 x (Value - $1,000,000) $2,0000001 to $3,0001000 $ 900 + .0003 x (Value - $2,000,000) $3,000,001 to $4,000,000 $1,200 + .0002 x (Value - $3,000,000) $4,000,001 to $5,000,000 $1,400 + .0001 x (Value - $4,0001000) $5,000,001 and Up $1,500 + .00005 x (Value - $5,000,000) ,IAed Fee Permits Amount of Permit Fee Surcharge Computation $1,000 or Less $.50 $1,001 and Over Fee X .0005 PLM GING PERMIT FEES - 1996 l a cm PE il 44 •) . p r = ■ ri _ k• 7.16:-*); a 0 V)Y Minimum Fee Add-on, modification or alteration Plumbing fixture Water softener Water heater Fuel/gas piping system Fixture rough -in Dawn sprinkler system Private sewage disposal system $20.00 20.00 3.00 each 5.00 ILV Do 3.00 3.00 per outlet 1.50 each 3.00 each 65.00 (includes $40.00 County permit fee) 1% of contract price with a minimum fee of $25 Verify with Inspections Department which classification of multiple residential dwellings your building fits in and what type of permit is required. ------------------------------------------------------------------------ MECHANICAL PERMIT FEES - 1996 FM ,__ • slr .:1 1 .1� tie.iso% • Y� - k• �s� x �1Y Minimum fee $20.00 Add-on, modification, or alteration 20.00 HVAC - 1 - 100,000 BTU/H's 24.00 additional 50,000 BTU/H's (or fraction thereof) 6.00 Fuel/gas piping system 3.00 per outlet * 2gMXZRCIALZ1NDUOTRIAL/Ap&BMgT IIIJILpING Minimum fee $25.00 HVAC 1$ of contract price Process piping systems $25.00 Verify with Inspection Department which classification of multiple residential dwellings your building -fits in and what type of permit is required. aa�+� ►fi .� �ri SttiJ t, 4PVj4 7't�,Do ti� M �s-�►,a i,v�-w�JJ 13 CITY OF EA,GAN 1996 ELECTRICAL INSPECTION FEES NOTE: KININQN CHARGE FOR RACE INSPECTION - $20.00 ALL PERMITS RZOV1R5 t . 5 Q OTAMOURCHA , i. Payment of fees - All electrical inspection fees are due and payable to the City of Eagan at or before commencement of the installatigg and shall be forwarded to the City of Eagan. 2. The fees for signs shall be computed in accordance with State schedule with a minimum fee of $20.00 per sign. 3. Swimming pool ground fees shall be computed separately at $40.00 per pool. Includes hot tubs, hydromassage, whirlpools, etc., including all installation of Art. 680 of the National Electrical Code. 4. Xinimum fee for each separate inspection of an installation, replacement, alteration or repair limited to one inspection only - $20.00. S. Services, change of services, temporary services, additions, alterations or repairs on either primary or secondary services shall be computed separately. 1 to 100 ampere capacity ......................$18.00 101 to and including 200 ampere capacity or fraction thereof ................$20.00 For each addition of 100 amperes or fraction thereof .........................$ 7.00 6. Circuit, installations or additions, alterations or repairs of each circuit or subfeeder shall be computed separately including circuits fed from subfeeders and including the equipment service. Circuits of 250 volts or less. 0 to and including 30 ampere capacity ..........$ 5.00 31 to and including 100 ampere capacity ........$ 7.00 For each additional 100 ampere capacity or fraction thereof .............................$ 7.00 For circuits over 250 volts, double the fee for 250 volts or less. 7. In addition to the -above fees: a. A charge of $2.00 will be made for each street lighting standard. b. A charge of $2.00 will be made for each traffic signal head. Circuits originating within the standard will not be used when computing the fee. S. In addition to the above fees, all transformers and generators for lights, heat and power shall be computed separately at $2.00 per unit plus $.10 per RVA up to and including 100 RVA, 101 RVA and over at $.05 per RVA. The maximum fee for any transformer or generator in this category is $20.00. 14 V 9. In addition to the above fees, all transformers for signs and outline lighting shall be computed at $3.00 for the first 500 VA or fraction thereof per unit, plus $.25 for each additional 100 VA or fraction thereof. 10. In addition to the above fees (unless included in t'be maximum fee filed by the initial installer), remote controls, signal circuits, fire warning and security circuits of less than 50 volts shall be computed at $15.00 per first ten openings or devices of each system plus $1.00 for each additional opening. 11. For the review of plans and specifications of proposed installations, there shall be a minimum fee of $100.00 up to and including $30,000 of electrical estimate, plus 1/10 of 1% on any amount in excess of $30,000 to be paid by persons or firms requesting the review. 12. When reinspection is necessary to determine whether unsafe conditions have been corrected and such conditions are not the subject of an appeal pending before the Board or any court, a reinspection fee of not to exceed the original unit fee, or $20.00, whichever is less, may be assessed in writing by the inspector. 13. For inspections not covered herein, or for requested special inspections or services, the fee shall be $42.00 per man hour, including travel time, plus the City's approved mileage rate, plus the reasonable cost of equipment of material consumed. This section is also applicable to inspection of empty conduits and such other jobs as determined by the inspector. 14. For inspections of transient project including, but not limited to, carnivals and circuses, the inspection fees shall be computed as follows: a. Power supply units - According to Item 4(b) (2) of fee schedule - a like fee will be required on power supply units at each engagement during the season, except that a fee of $42.00 per hour will be charged for additional time spent by the inspector if the power supply is not ready for inspection at the time and date specified on the request for inspection as required by law. b. Bides, devices or concessions - Shall be inspected at their first appearance of the season and the inspection fee shall be $20.00 per unit. 15. Fees double - When any person, co -partnership or corporation begin work of any kind such as hereinbefore set forth, or for which a permit from the electrical inspector is required by ordinance, without having secured the necessary permit therefore from the inspector of buildings either previous to or during the day of the commencement of any such work, or on the next succeeding day where such work is commenced on a Saturday or on a Sunday or a holiday, he shall when subsequently securing such permit, be required to pay double the fees herein- before provided for such permit, and shall be subject to all penal provisions of this ordinance. 16. Additional Fees and/or Fee 8bortage - Additional fees and/or fee shortages must be received by the City within 14 days of written notice. If additional fees and/or fee shortages are not received within 14 days of notice, permits for electrical installations will not be accepted by the City until such time as the additional fees and/or shortages are received. Additional fees and/or fee shortages that are not received within 14 days of notice are subject to a 10% per day penalty. l� � UTILITY FEES FEE TYPE 1996 FES Trunk Utility/Connection/Availability Charge Trunk Sanitary Sewer Oversize Unplatted $1,685/Ac. Platted Residential 810/Lot Trunk Water Main Oversize Unplatted and Platted Comm. & Ind. 1,765/Ac. Platted Residential 845/Lot Water Supply & Storage (WAC) Non -Residential 2,785/Ac. Trunk Storm Sewer Oversize Single Family .077/S.F. Multi -Family .097/S.F. Comm. & Ind. .118/S.F. Lateral Benefit Utility/Connection/Availability Charge Lateral Benefit from Trunk Sanitary Sewer Lateral Benefit from Trunk Water Main Single Family Multi -Family and Comm. & Ind. Lateral Benefit from Trunk Storm Sewer") 12" Storm Sewer 15" Storm Sewer 18" Storm Sewer 21" Storm Sewer 24" Storm Sewer 40.20/Centerline Foot 40.60/Centerline Foot 51.80/Centerline Foot *44.00/Centerline Foot *45.70/Centerline Foot *48.90/Centerline Foot *52.40/Centerline Foot *+60.30/Centerline Foot 1,30/ �3o I•.t r�8l0 jam. to /iof 2.8515 f /div- .Dig/sf- 52.50 t1)Rates are based on a pipe at 15 foot depth. Cost for additional depth will be reviewed on a case by case basis. 17/ Street Surfacing Street Surfacing w/Grading Street Surfacing w/Storm Sewer Street Surfacing w/Grading & Storm Sewer 1996 FEE Residential Multiple Comm./Ind. 32' Wide 441 Wide 521 Wide Rate/F.F. Rate/F-. Rate/F.F. I $32.70 31.55 43.20 44.0 45.55 414. )0 56.10 51•SS $54.40'js�o 70.50 ?2.30 77. 0 5 '19.0c 93.10 Cj,50 c�1 $73.75 75•t-4 93.85 q�,ZS 101.05 fC>3.44 121.10 1UX0 Traila Concrete (5' wide) $16.75/F.F. Includes $3.25/F.F ��•�rrt: Bituminous Trail for Sod and Grading (3•�S �� (8' wide) 13.20/F.F. Includes $3.25/F.F. for Sod and Grading A. Single Family $21,850 Zj' 900 Duplex 24,645 Z.S 900 Townhome 31,325 j Apartments, Schools & Churches 33,580 Z qoo 3�i y�o and Tree Preservation Tree removal/destruction over and above $120.00/diameter inch allowable amounts - cash mitigation. for each tree Tree or woodlands removal/destruction $120.00/diameter inch after plan approval without permission per tree or $1.20/sq. ft. of woodland NOTE: Performance guarantee also required. Amount is calculated per City Ordinance 217 (City Code Section 11.10, subd. 15.1 - Tree Preservation) UTILITY RATES AND FEES Sanitary Sewer Single Family, Townhouse and Similar Residential"" Apartment, Institutional Commercial & Industrial Sewer only (no water connec- tion/meter to measure flow) Water Works All users") Storm Water Drainage Water Account Deposit Sewer Account Deposit Neighborhood Single Family/Twin Homes (R-1, R-2) Townhouses (R-3) Multiple Residential & C/I non -continuous C/I continuous Individual Lights 100 WHPS 150 WHPS 250 WHPS 200 WHPS Community and Signal Lights R1/R2 R3 R4 Non -Residential 1996 FEF - Minimum $19.85/Qtr. for 10,000 Gal. $1.78/1000 Gal. for All Usage Over 10,000 Gal. Based on Winter Quarter 'Meter Reading Minimum $19.85/Qtr. for 10,000 Gal. $1.78/1000 Gal. for all Usage over 10,000 Gal Flat Rate - $37.65/Qtr. Minimum $17.40/Qtr for 10,000 Gal. & 1.05/1000 Gal. for All Usage Over 10,000 Gal $5.40/REF/Qtr. (R3 Zoning 20% Credit) $15.00/Residential Account $15.00/Residential Account $3.25 Per Qtr Per Lot $2.60 Per Qtr Per Unit- $10.15/Qtr./Billing Acct. $4.35/Qtr./Ac. .150/L.F./Qtr. 22.60/Ac./Qtr. $19.75/Light/Qtr. 31.95/Light/Qtr. 43.70/Light/Qtr. 31.70/Light/Qtr. $1.80/Unit/Qtr. $1.40/Unit/Qtr. $1.25/Unit/Qtr. $5.30/Unit/Qtr. ("Senior citizen rates are based on a 5,000 gallon minimum. I _r 9/_5 / 5,5.(q1W1PtT if .96, 30.50 .1.70 3 b•2,5 !,'70 1,4A (.2.0 rJ.C6_ 1996 Road Unit Charge Residential Except Apartments $ 430/unit (1.0 RUC) Apartments (80%) 345/unit (0.8 RUC) 352 Non -Residential 1,295/acre (3.0 RUC) Sewer Availability Charge (SAC) Single Family (R1 and.R2) Other Treatment Plant Charge Water Supply & Storage (WAC) Single Family Apartments Non -Residential Shut-off Charge Late Fee Sewer Permit (New and Repair of Existing) Water Permit (New and Repair of Existing) 1,000 1, D5b 1, 000/SAC Unit 1,05'o 396/SAC Unit 420 760/Lot Ito 608/Unit 2,785/Ac. 2t$55 30.00 1.5k per month on unpaid balance 50.00 50.00 Temp Construction Hydrant Meter Permit 25.00 + damage deposit of $200 per hydrant + damage deposit of $400/meter for meter sizes 1.5" and greater + damage deposit of $200/meter for all other meter sizes Scheduled After Hours A. Call Out - Overtime Labor Rate (2.5 Hr. Work Minimum) + 10t Administrative ($50 maximum Administration) B. Extended Day - Overtime Labor + 10k Admin. ($50 maximum Admin.) Water Meter Removal 30.00 Water Meter Replacement/or Resealing 30.00 Sewer Tap 300.00 Public Utility Maintenance 25.00 Vehicle Permit - Access to City Boulevards Tree Contractors License 25.00 Water Tap (Up to 111) 300.00 20 6 Water Meters (includes copperhorn/strainer) 5/8" x 3/4" meter 3/4 water meter 1" water meter 1h" water meter 2" compound 3" compound 4" compound 6" compound 2" turbo meter 3" turbo meter 4" turbo meter 6" turbo meter Remote wire (over 351) Replacement (Provided the first time with meter): Outside Remote "Touch Pad" Meter 1996 191-7 FEE $107.00 109.00 151.00 4I.00 182.00 (85 -Do 395.00 4oz.co 1, 631.00 [ iWU .00 2,037.00 ?_,V jZ.DD 3j204.00 3.24z., 00 5j364.00 iYs t 4.0D 822.00 8416. vo 1,062.00 1.042.ev 11981.00 If V,33 .00 3s680.00 .Dv 0.07/Ft 13.00 #2 Copperhorns only 15.00 Meter Strainers only: 2". 244.00 2,62.00 3" 315.00 3215.00, 4" 485.00 5&V*°9, 6" 611.00 1i3o, o0 Meter Testing (Charged only if meter tests correct): 5/8" through 1" 50.00 1 1/4" through 2" 80.00 All other sizes Contract Cost (Mpls)+ 10$ Deposit to turn on water before all work is satisfactorily completed 200.00 (City retains $30 as administrative fee) Private Hydrant - Maintenance/Flushing 30.00 - Repair Time and Material Park Fees Picnic Kit Trapp Farm S Thomas Lake Pavilions - Per Day c��o«f� Per 1/2 Day 11 Pow i ltrh 446" Enclosed Shelter Buildings - Open Shelters - Per Day Extra Picnic Tables - Per Day (maximum of 6) Resident c - es dente 3.00/7.00 + tax "fit -mo rfP-x 95.00(1) + tax 7V 4-46Y 65.00(1) + tax Iv+4-AW Da yl f J-a,r 95.00(1) + tax 1/2 Da +,f. 65.00(1) + tax 40 Athletic Facilities/Shelters Fields - Per Field/Per Day Lights (If Required) -Tournaments Per Field/Hr. Building Cleaning - Per Day Restrooms/Bases/Field Chalking Per Reservation Chuckwagon Grill 30.00 + tax 25.00 + tax 55-00(l) + tax 30.001) + tax 55-00(l) + tax 30.00 + tax 30.00 + tax 3.00/7.00 + tax 914:4 115-00(l) + tax I -W 85.60(L) + tax qp 115.0011) + tax izv 85.00111 + tax qp 50.00 + tax 25.00 + tax 75.00(l) + tax 30.00(1) + tax 55.00(l) + tax 50.00 + tax 50.00 + tax Canopy - Per Day 55.00 + tax 75.00 + tax Maint Fee -Travel Baseball-Youth/Team 65.00 -Adult/Team (6-9 games) 165.00 + tax --Adult/Team (10+ games) 315.00 + tax --Travel Soccer/Hockey-Travel Team 65.00 +*tax Concession Permit (maximum of 3) 215.00 (!� Qef►;ff, 4L 4t-704 ij ISD.oD . 1996 1g9j -YES-TYPE Parkland Dedication Single Family $950.00 I,04Z.Oo Duplex 845.00 I1b3$.00, Townhouse/Quad 800.00 '7167.Gp Apartments/Multiple 775.00 1 1 2. VV Commercial and Industrial 3,000.00/Acre U470,00/40 Trailway Dedication 50.00 unit 880.00/Acre Park Fees Picnic Kit Trapp Farm S Thomas Lake Pavilions - Per Day c��o«f� Per 1/2 Day 11 Pow i ltrh 446" Enclosed Shelter Buildings - Open Shelters - Per Day Extra Picnic Tables - Per Day (maximum of 6) Resident c - es dente 3.00/7.00 + tax "fit -mo rfP-x 95.00(1) + tax 7V 4-46Y 65.00(1) + tax Iv+4-AW Da yl f J-a,r 95.00(1) + tax 1/2 Da +,f. 65.00(1) + tax 40 Athletic Facilities/Shelters Fields - Per Field/Per Day Lights (If Required) -Tournaments Per Field/Hr. Building Cleaning - Per Day Restrooms/Bases/Field Chalking Per Reservation Chuckwagon Grill 30.00 + tax 25.00 + tax 55-00(l) + tax 30.001) + tax 55-00(l) + tax 30.00 + tax 30.00 + tax 3.00/7.00 + tax 914:4 115-00(l) + tax I -W 85.60(L) + tax qp 115.0011) + tax izv 85.00111 + tax qp 50.00 + tax 25.00 + tax 75.00(l) + tax 30.00(1) + tax 55.00(l) + tax 50.00 + tax 50.00 + tax Canopy - Per Day 55.00 + tax 75.00 + tax Maint Fee -Travel Baseball-Youth/Team 65.00 -Adult/Team (6-9 games) 165.00 + tax --Adult/Team (10+ games) 315.00 + tax --Travel Soccer/Hockey-Travel Team 65.00 +*tax Concession Permit (maximum of 3) 215.00 (!� Qef►;ff, 4L 4t-704 ij ISD.oD . Community Room - City Hall: Youth groups 1996 FEE �LG f' No fee; $150.00 damage deposit Local civic groups Regular business hours No fee; $150.00 damage deposit Non -business hours $20.00/hour + tax; $150.00 damage deposit Local resident groups $20.00/hour + tax; daily maximum of $200.00 + tax; $150.00 damage deposit Non-resident groups $50.00/hour + tax; daily maximum of $350.00 + tax; $150.00 damage deposit For-profit organizations $50.00/hour + tax; daily maximum of $350.00 + tax; $150.00 damage deposit Trapp Farm Reserved Tubing Facility 1 - 25 People 25.00/HrIl) + tax 26 - 100 People 25.OO/Hr "')plus 1.00/ 46.vIwr toe person/hr over 25 people + tax ")Requires Damage Deposit of $150.00 NOTE: Damage deposits are to be paid at time of reservation. Prime time ice rental Non -prime time ice rental Open skating admission Adult Student $125.00/hour + tax $105.00/hour + tax $3.00/session $2.00/session Pick-up truck 1 Ton dump truck Single axle dump truck Tandem axle dump truck Tractor Backhoe/loader Front end loader Road grader Street sweeper Roller 1996 22.00/hr. 23.00/hr. 32.00/hr. 40.00/hr. 15.00/hr. 35.00/hr. 60.00/hr. 70.00/hr. 41.00/hr. 20.00/hr. Paver 20.00/hr. Air Compressor 15.00/hr. Sewer Jetter . 66.00/hr. Sewer Rodder 33.00/hr. Sewer Vacuum - Trailer 33.00/hr. Sewer Vacuum - Truck 70.00/hr. Groundsmaster Mower 22.00/hr. Pump 6" 25.00/hr. Pump 8n 28.00/hr. Skid Loader 35.00/hr. Chipper 15.00/hr. Tanker 30.00/hr. TV. Cares. CITY STAFF RATES 161%c > f hr (i 6r n+in Department Directors $80.00/hr. Assistant City Engineer 60.00/hr. Maintenance Superintendent 60.00/hr. Desi Engineer 55.00/hr. Park Planner 50.00/hr. Maintenance Supervisor 50.00/hr. Senior Planner 50.00/hr. Water Quality Coordinator 50.00/hr. Senior Technician 16mx4f, JKfW , 45.00/hr. sn, o0 Project Planner 40.00/hr. Technician 40.00/hr. Intern 20.00/hr. Maintenance Person 20.00/hr. (Regular) V3.00 30.00/hr. (Overtime) yf,00 Survey Crew (Includes Vehicles 2 person and Equipment) 70.00/hr. 3 person 90.00/hr. 1996 PERM !EE --- Billing rates N" Manpower Pumper Chief's Vehicle Rescue, Grass Rigs Command Vehicle, Aerial .',(Minimum 1 hour charge) Hazardous Material Containment/Clean-up i fZ-Q. cuL 6-04,t R_d?_WLo ' 91*iLO a We" 5L $ 9.00/hr. 200.00/hr. 150.00/hr. 500.00/hr. f+� Material Cost Plus ��f " Invoicing Charge Plus Railroad Fire Billing Rates for Personnel and *0 20 Equipment Fu - ✓,5,+ (5 51 `V 1 C&rC) a kko-v, -�� "t��O t plotf:& 1 L 25 ' J 25 .DO V-C,01 a6_1 + 1%* I n a 1996 F$$ 8C88DULg (Developer's Escrow Agreement) �8 ,3r�.. • , _.. $150 per acre $1,500 Minimum for single family $3,000 Minimum for Commercial/Industrial and Townhomes/Multiples $4,800 Maximum (i) (Initial Deposit) $4,000 Conditional Use Permit $500(4) Rezoning (when site plan is involved) $500(4) Interim Use Permit (when site plan is involved) $500(') Contract Management Escrow(l) (Initial Deposit) Estimated Construction Costs c1 $ 0 - $1501000 $150,001 - $500,000 $500,001 + •}a o app3i%s to pre - planned dev opm an -J3) Also applies'' - to final planr development, 13) Hca �.� Escrow 8% ($1,000 Minimum) 6% ($12,000 Minimum) 5% ($30,000 Minimum) "'These are escrow deposits with minimums/maximums, they are not.intended to be actual charges. «)Costs will be verified by City staff and adjusted as necessary to be comparable to City Projects, thereby insuring arm's length transaction costs. 43�This planned development escrow is not required if it is processed as part of a subdivision application for which an escrow is being collected. "These escrows are not required if a subdivision escrow has been collected as part of the same application. 0, mtwf ,C�\ l-3 �� Agenda Information Memo December 4, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve or deny the ordinance amendment changing on -sale liquor license designations. FACTS: The City Code distributes 18 on -sale liquor licenses to hotels, higher valued restaurants and other restaurants. With special legislation Eagan can currently issue up to 26 on -sale liquor licenses. Consequently, it is necessary to amend the code. At the special City Council meeting held on November 7, 1996, the City Attorney's Office was directed to prepare an ordinance amendment that amends the City Code to distribute three licenses for hotels and remaining 23 licenses to be designated for restaurants and, further, that no license could be held for more than two years if the license is not used. ATTACHMENTS: A copy of the proposed ordinance amendment is enclosed on page ( 01 -9w BY; 11-26-96 ; 16:50 ; SEVERSON SWLDON- 612 681 4612;# 2l 2 ORDINANCE NO. 2ND SEMS AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDTNG EAGAN CITY CODE CHAPTER ENTITLED „BEER, WINE & LIQUOR LICENSING" BY AMENDING SECTION 5.52 REGARDING LIQUORLICENSE RESTRICTIONS AND REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CFTAPTFR I AND SECTION 5.99. The City Cound 1. ofthe City ofF.agan does ordain: Section L Eagan City Code Chapter 5 is hereby amended by changing Section 5.52, Subd. 11, to rid as follows: SUM. 11. liiighteM P Twerity-sixM(26} on -sale BMWs may be authorized . of-J�afle 5, 1 . All on -sale licensw Rha11 be for premises situatod in a commercial or induyttial use district under a conditional use permit. The eWfteft-(M tffimbLAX 6) bcenses shall be distributed as follows: A. Three (3) licenses for hotels; 'iw►-nty-thrw ("3 licenses for eta resMau". used. C. No license shall b held for more than two 2 without ' r Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violatione" and Section 5.99, entitled "M1olation a 1VI�or" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Ef be ive Date_ This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke Its: Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper; R-94% By: Thomas A. Egan its: Mayor V 612 432 3780 11-26-96 05:O6PN1 P002 #20 _1-04-96.09:48AM FROM CITY OF EAGAN TO 97805620 F002/002 �:;�: &,-,, _- �I 1 lJ� 3830 Pilot Knob Road NV (( Eagan, Mn 55122-1897 �1 l (612) 681-4600 v City of pagan Hauler Licensing APPlication c}q ere y make application for a Rcfusc/Recy0hiz license for tlic year Owner: W t � / , 0. ame�_ Address G%;'Aft City . StateZip , Z,,iipp Telephone �" Business Name: .4�S /• }d &K % Add Name AY� C�✓�f flys y et City State Zip Telephone Municipalities where presently licensed: � 54;, ir_. •� lh�r'+� LICENSE TYPE: (check all that apply) Qltcsidential Dwelling" Required for haulers serving single family detached, duplex and four -plea units. 4*11ecycling and compost vehicles may be includ6d in the residential rate, if operated by a single company QState, county, and city mandates require residential roc;: cling opportunities be provided. 40Additional requirements outlined in Hauling Ordinance as attached. ®Multiple Dwelling/Commcruial• Required for haulers serving commercial accounts and multiple family dwellings being serviced in a commercial manner, �--*Siate, county, and city rnwidatcs require residential opportunities be provided for multi -family units, �Pcrmits/encourages, but does not require commercial recycling. aPConstruction/demolition debris vehicles may be included in multiple dwellinSicommercial if operated by a single company. Additional requirements outlined in Hauling Ordinance as attached. OResidential Recycling 42Required for haulers performing residential recycling only for single family, duplex, four -plea and multi- family residential, / I'Applicable to independent firms, subcontractors, and liwnscd haulers. V OConstruction/Demolition Debris ,*Required for haulers or contractors using contalners greater than four cubic yards, 4'Additional requirements outlined in Hauling Oidinance as attached. FEES: $50 for first vehicle/$25 each additional vehicle, @ $So + d @. $25 = TOTAL NUMBER OF VEHICLES TO OPERATE IN ]EAGAN: MUST PROVIDE: Motor Vehicle insurance Datc of Expiration Worker's Comp, Insurance Datc of Expiration Rate Schedule *It is not the vily's iinto nt to add additional fecy onto the licanuo to provide for recycling and constructinnMemnlitinr licensing. provided that the a corresponding residential or commercial license is -obtained. (612) 681-4600 ; City of lEazan Hauler Licensing Application rK I JEFF ZIPFEL hereby make applicalinn for a RefW&Recycling license for tho year 1996 i Owner- PUBLICLY HELD CORPORATION I ' Name; Address City State Zip Telcphonc I ? Business Naime; WASTE MANAGEMENT –SAVAGE 12448 PENNSYLVANIA AVE. SO. ; j Name ; Address cavar.F �T, 55378 (612)882-2300 City; State Zip Telephone Mutiicipalitles:where presently licensed: THROUGHOUT TWIN CITIES, PLEASE SEE ORIGINAZ N– = LICENSE TY;E: (check all that apply) �l esidentiol Dwelling* ' @Required I'or haulers serving slttgle family detached, duplex and tour-plex units. @ROeycling and compost vehicles may be included in the residential rale, iFopenLled by a.in- company. 02 State. county. and city mAnrlatcs rrr)nirc residential reeyelins vppvrtunhie:: be provided, ©Additional requirements outlined in Hauling Ordinance as attached. l _ ►�Mnitiple 1)w�ll:nglCommercial� @Required for haulers serving commercial aecounix and multiple r lily dwellings Nin.- serviced in ;,j commercial manner. MStatcr. county, and city mandstcs enquire residential apportunitics be provided fvi multi-lµmily units. MPermiW ncourages, but does not require commercial recycling. Ckonstructionldemoli6on debris vehicles may be included in multiple dwellincycornrncrtiai opern�c if d by a single company. ('Additional requirements outlined in Hauling Ordinance as attaehod. "(ROWntial Rccrcling ©Required for haulers performing residential recycling only for single rtm0y, duplex, fn�r-plex and multi• family residential. ®Applimblc to independent firms. subcontractors, and licensed hauler,. ! XX -<C64tructiun/Demolition Debris QRoyuircd fir haulers or contractors using containers greater than tour cubic vards. (PAdditional requirements outlined in) lauling Ordinance xt altac:hcd. i i FEES: $50 for first vehicM25 each additional vehicle. —@ $50 i 1 (u) $25 �. TOTAL NUMDER OF VEHICLES TO OrrIZ41*9 1N EAGAN: MUST PROVIDE: Motor Vehicle Insurance nate of Expiration a ON r Lworkers Comp. Insurance Date of Expiration Rate Schedule ' • It is nor the pit ' y,'s intent to add additional fees onto tho lioon,c to provide for rccycliiig And %x.;8383 1;183,/clVtiI10litiun licensing, provided that the h corresponding residential or commercial lic:ensc is obtained. 71polcitV of eagan 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122-1897 PHONE: (612) 681-4700 TDD: (612) 454-8535 FAX: (612) 681-4738 police department PATRICK GEAGAN Chief of Police RICHARD SWANSON Captain Patrol & Investigation JAMES SEWALD Captain Administration THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES DATE: 11/26/96 City Administrator E. J. VAN OVERBEKE TO: TOM HEDGES, CITY ADMINISTRATOR City clerk FROM: PAT GEAGAN, CHIEF OF POLICE SUBJECT: TRANSFER OF OWNERSHIP, MGM LIQUOR WAREHOUSE The City of Eagan has received an application for transfer of ownership for MGM Spirits Express, Inc., dba MGM Liquor Warehouse, 4183 Pilot Knob Road. Terrance J. Maglich and Michael G. Maglich, who each own 50% of the title shares in MGM Spirits Express, have recently purchased that store from Jerome Miller and John Teslaw. MGM Spirits Express Inc., is recognized by the State of Minnesota as a corporation and all appropriate documents relating to this corporation have been submitted with this application. Further, MGM Spirits Express Inc., is currently operating 13 MGM Liquor Warehouses in the State of Minnesota. Background checks were run on Terrance and Michael Maglich and they were found to have no criminal record. Further, the present store manager, Christopher A. Thompson, will maintain his status as store manager. In conclusion, I feel there is no reason to deny this transfer of ownership. Sincerely, 'e Patrick J. Geagan Chief of Police DM:PJG:ly THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer MINNESOTA DEPARTMENT OF PUBLIC SAFETY LIQUOR CONTROL DIVISION 333 SIBLEY ST., ROOM 440 ST. PAUL, MN 55101 PHONE 612-296-6430 or 612-296-6434 Vrr-JALA 11410XICATIN LIQUOR LICENSE APPLICATION OR THE RENEWAL OF AN OFF -SALE INTOXICATING LIOUOR LICENSE APPLICATION TYPE 0 NEW OR TRANSFER - COMPLETE SECTIONS 1, 2, AND 4 CHECK ONE D RENEWAL - COMPLETE SECTION 1. 3 AND 4 MGM Spirits Express, Inc. dba MGM Liquor Warehouse 4182 Pilot Knob Road Eagan, MN 55123 All Licensees most have a $20 Retailers Buyers Card renewable each year. New Licensees call 612-296-6430 or 612-296-6434 for application and information. LICENSEE'S SALES AND USE TAX ID NUMBER 1907039 To apply for sales tax number call 296-6181 or 2-800-657-377 If a corporation, an officer shall execute this application. If a partnership,, a partner shall execute this application. S Licensee Name (Individual, Corporation, Partnership) Trade Name or DBA E MGM S irits Express, Inc. I MGM Liquor Warehouse C License Location (StreetAddt69s-& Block No'.) License Period Applicant's Hnnte Phone T 4182 Pilot Knob Road From 1/1/97 To 1/1/98 I Cita'. County State Zip Code Eagan Dakota MN 55123 N Name of Store Manager Business Phone Number Date of Birth (individuai applicant) Chris Thompson 454-3346 If a corporation, state name, date. of birth, address, title, and shares held by each officer. If a partnership, state names, 1 address and date of birth of each 1D6rtncr. Partner Officer (first middle last) DOB Title Shares Address City Terrance J. Maglich 8/2848 50% 16500 Grays -Bay Blvd. Minnetonka Partner Officer (first middle last) DOB Title Shares Address City Michael G. Maglich 0/16 52 50% 17810 County Road 6 Plymouth Partner Officer (first middle last) DOB Title Shares Address City Partner Officer (first middle last) DOB Title Shares Address City S 1. If a corporation, date of incorporation 9/2/92 , state incorporated in -IN amount of authorized capitalization E 10,000 , amount paid in capital , if a subsidiary of any other corporation, so state N/A give purpose of corporation Off -sale 1 uor if incorporated under the laws of another state, is corporation C authorized to do business in the state of Minnesota? . Number of certificate of authority --LN- 6 6 6 T 2. Describe premises to whiph license applies; such qs (first floor, econd floor, basement, etc.) or if entire building, so state I entire building at 4182 Pilot Knob Road _ X 3. Is establishment located near any state university, state hospital, training school, reformatory or prison?- no , , state approximate distance 2 4. State name and address of owner of building., T.F. James Company, P.O. Box 24137, Mp 1 s , MN' Has owner of building any connection, directly or indirectly, with applicant? no S. Is applicant. or any of the associates in this application, a member of the, governing body of the municipality in which this license is to be issued? no . If so, in what capacity? 6. State whether any person other than applicants has any riggt ht {tle or interest i the furniture. fixtures, or eduipment for which license Par) I is applied, and if so give name and details. Para Tonal Bank 7. Have applicants any interest whatsoever, directly or indirectly, in any other liquorestablishment in the state of Minnesota? Up G Give name and address of such establishment ( see attached listing) FS 01% (ris) S f' E C T 8. Are the premises now occupied, or to be occupied by the applicant entirely separate and exclusive from any other business I establishment? Yes 0 T N 9. If a drug store, state length of time the store has been in operation N/A 2 C 10. State whether applicant has or will be granted, an On -Sale Liquor License in conjunction with this Off Sale Liquor License, and for 0 >t the same premises No t R11. State whether applicant has, or will be granted a Sunday On -Sale Liquor License in conjunction with the regular On -Sale Liquor U e License No d 12. 'If this application is for a County Board Off -Sale License, state the distance in miles to the nearest municipality N/A S 1. State whether applicant, or any of the associates in this application, have ever had an application for a liquor license rejected by any E municipality or State authority; if so give dates and details C T 1 2. Has the applicant, or any of the associates in this application, duringthe five immediate) years y preceding this application ever had a N license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances; if so, give date and details 3 3. State whether applicant, or any of the associates in this application, and employees while employed by applicant during the past five years were convicted of any Liquor Law in this state, or under Federal Laws, and if to, give date and details 4. During the past license year, has a summons been issued under the Liquor Civil Liability Law (Dram Shop) M.S. 340A.802 Du L] Yes 11 No If yes, attach a copy of the summons. S This licensee must have one of the following. Check one: (ATTACH CERTIFICATE OF INSURANCE TO THIS FORM.) E El A. Liquor Liability Insurance (Dram Shop) - S50,000 per person, $100,000 more than one person; 530,000 property destruction; C T 550,000 and 5100,000 for loss of means of support. I or❑0 B. A surety bond from a surety company with minimum coverages as specified in A. Nn LI C. A certificate from the State Treasurer that the licensee has deposited with the state, trust funds having market value of 5100,000 4 or 5300,000 in cash or securities. I certify that I have read the above questions and that the answers are true and correct of m own knowled e Print name of applicant & title Signature of Applicant Date Terrance J. Ma lich, President 111111,74 - This is to certify that the applicant, and the associates named herein have not been convicted within the past five years for any violation of laws of the State of Minnesota, or municipal ordinances relating to intoxicating liquor except as follows Police IMPORTANT. NOTICE All retail liquor licensees must have a current Federal Special Occupational Stamp. This Stamp is issued by the Bureau of Alcohol, Tobacco, and Firearms. For Information call 612.290-3496.