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07/16/1996 - City Council Regular
AGENDA EAGAN CITY COUNCIL - REGULAR MELTING EAGAN MUNICIPAL CENTER BUILDING JULY 16, 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) P A. RECOGNIZE, four (4) new Volunteer Fire Fighters B. 1996/97 CIVIC ARENA, Skating Schedule & Fee Schedule V. CONSENT AGENDA (PINK) Pr G A. PERSONNEL ITEMS Q B. CHANGE ORDERS, Municipal Center Building Project '/I C. APPROVE, Promenade/Opus Special Assessment Reallocation .' D. APPROVE, Resolution Requesting Dakota County Treasurer -Auditor to include Notice of Proposed Transit Tax on Parcel Specific Tax Notice / --*-E. NEGATIVE DECLARATION, for River Park Environmental Assessment Worksheet p (EAW) � I F. EXEMPTION, from Lawful Gambling License, National Kidney Foundation of the Upper Midwest, Inc. Z/ G. PRELIMINARY PLANNED DEVELOPMENT, Easter Lutheran Church located on the NW 2' corner of'Pilot Knob Road and Cliff Road C� H. AMENDMENT, to the Development Contract and an extension for recording the final subdivision for Galaxie Cliff Addition No. 1 (KinderCare) located on Plaza Drive in the SW corner of Cliff Road and Galaxie Avenue p . I. FINAL PLANNED DEVELOPMENT AND FINAL SUBDIVISION, Precision Tune located on UPilot Knob Road just north of the Phillips 66 Station �3 J. EXTENSION, for Recording the Final Subdivision for Deerwood Townhomes 2nd Addition (Good Value Homes) 3 3 K. RECEIVE BIDS, for furnishing all equipment and installation of four (4) outdoor warning sirens, award the contract to the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents �? L. CONTRACT 94-17, Acknowledge Completion/Authorize Final Payment (Red Pine P 'Lane - Streets & Utilities) 1 _35� M. PROJECT 638R, Receive Final Assessment Roll/Order Public Hearing (Yankee Doodle Rd. - Streets & Utilities) 3� N. CONTRACT .96-13, "Approve Plans/Authorize Ad for Bids (Woodgate 2nd & Mallard Park 2nd Add. - Street Reconstruction) 0. CHANGE ORDER #2, Civic Arena q P. CIVIC ARENA, Acknowledge Completion/Authorize Final Payment ]O ;3-( Q. OFF -SALE LIQUOR LICENSE, for Byerly's, now under construction in Promenade VO development / R. CHANGE, in condition of plat-Eagandale Corporate Center S. AUTHORIZE, refund of application and escrow fee to Principle Construction, r `(' Inc. for Royal Oaks Circle 4th Addition jT. FINAL PLANNED DEVELOPMENT, Twin City Federal, Lot 1, Block 2, Eagan P�C Promenade 4YU AUTHORIZE, Donation of unclaimed property for New Chance Program VI. 7:00 - PUBLIC HEARINGS (SALMON) P, S A. VARIANCE, Richard Skinn, a 40' variance to the 100' building code setback from a Public Utilities zoning district for a Limited Industrial district for Lot 1, Block 2, Halley's 1st Addition located east of Hwy 3 on Biscayne �1 Avenue P (off B. VACATE, Drainage & Utility Easement, Outlot A George Giles Add. VII. OLD BUSINESS (ORCHID) 1A. RESOLUTION, Determining the desirability of issuing $4,600,000 General Obligation Park Bonds and providing for an election thereon B. VARIANCE, Professional Plastics, a Variance of 64.5' to the buffer setback of 100' for Light Industrial parcel that abuts an Agricultural, Residential, 1 or Public Facilities district for Lots 21, 22, 23, and 24, Block 2, Eagandale Center Industrial Park No. 4 located on the NE corner of Mike Collins Drive and Yankee Doodle Road VIII. NEW BUSINESS (TAN) ID A. AUTHORIZE, Preparation of Amendment, City Code Chapter 6.37 Regarding . L�J Licensing of Construction Debris Refuse Haulers B. ORDINANCE AMENDMENT, Temporary Outdoor Event/Seasonal Outdoor Sales •`f� C. CONSIDER, Funding authorization for City trailway, Weston Hills Dr. (Red Pine Lane to So. Stratford Lane) IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 12, 1996 SUBJECT: AGENDA INFORMATION FOR JULY 16, 1996 CITY COUNCIL MEETING After approval is given to the July 16, 1996 City Council agenda, the regular meeting minutes for the July 2, 1996 City Council meeting and the minutes for the July 2, 1996 Special City Council meeting, the following items are in order for consideration. A. FIRE DEPARTMENT Item 1. Recognize F6ur New Volunteer Firefighters -- ACTION TO BE CONSIDERED: To recognize four new volunteer firefighters in the Eagan Volunteer Fire Department. FACTS: Four individuals have completed training as firefighters. It would be appropriate at this time for the City Council to recognize these individuals as regular volunteer firefighters in the Eagan Volunteer Fire Department. The new firefighters will be present at the meeting. Eagan City Council Meeting July 16, 1996 DEPARTMENT HEAD BUSINESS • Consider increasing the prime time rate for ice rental to $125.00 per hour and maintain all other non -program rates at current levels. • Give consideration to elimination of the Friday evening public skating session. • The demand for prime time ice remains high and is increasing as a result of the girls hockey program expansion. • $125.00 per hour seems to be the market rate for prime time ice in surrounding arenas. • Funding for future repairs and replacement of equipment needs to be addressed and incorporated into future rate structures. • Operating costs, specifically utilities, are running significantly higher than projected. • The Eagan Hockey Association is anticipating a rate increase and is interested in knowing what that rate will be for their budgeting purposes. • Expanding rentable time to Friday evenings will help mitigate some of the "crunch" that will be experienced by both the Hockey Association and the High School. • Friday evening open skating sessions have been the least attended and generally have not covered the operational costs. None F 41% -"FELL a Memo to Tom Hedges Open Skating Attendance for 1995-96 season P 19 4 — city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION TODD BURKART, CIVIC ARENA MANAGER DATE: JULY 10, 1996 RE: 1996-97 SKATING SCHEDULE/FEE SCHEDULE The City Council is requested to review two issues relative to the 1996-97 skating schedule at the Civfc Arena and to take an appropriate action. The first issue is relative to the charges for ice rental. In the Arena's first year of operation, the base/prime rate charge, was $120.00 per hour. Staff is recommending that the base charge be raised to $125.00 per hour. Staff is not recommending an increase in the charge for open skating at this time. The rational for the increase is based on several factors: Market forces, the need to fund a reserve for equipment replacement, and the increased cost of operation. MEMO The demand for prime time ice remains high. In fact, the demand is increasing as a result of the girls hockey program expansion. It appears that surrounding arenas have increased, or are announcing rate increases, to $125.00 per hour for prime time. Rates for shoulder season and non -prime time remain somewhat "soft." which results in greater pressure to generate income during prime time. Early figures for the Civic Arena have been favorable. However, there is a concern that funding of future repairs and replacement of equipment needs to be addressed in the hourly rates. Staff is preparing a complete report on this issue for later presentation, but there is a recognizable need to begin to set aside funds for this eventuality. Another issue is the increase in operating costs; most notably, the utilities. Despite the fact that staff solicited assistance from building electrical engineers and the refrigeration installers, as well as Dakota Electric, actual utility expenses are running significantly higher ($6-8,000) then projected. The Eagan Hockey Association has been made aware, and are anticipating, an hourly rate increase to $125.00. However, because the Association is well into buying and budgeting ice time for their coming season, they need to know what the final rate will be. The second issue of concern relates to the addition of the Eagan High School Girls Jr. Varsity Hockey Program. During an earlier presentation to the Council on a second ice sheet, it was noted that the impact of this program addition would reduce the number of hours formerly available for the local hockey association by 80 to 90 hours during the course of the girls program. Staff and the School are trying to reduce this impact as much as possible by changing some of the starting times of the boys hockey program. Staff will continue the effort to minimize this impact as the final allocation of hours occurs, but it's obvious that the Association will "lose time" from last year's allocation. One other significant issue is the change in high school game times on Saturdays. This past season, High School games were played on Saturday afternoons. This next season they have requested to play the games in the evenings. This further reduces the number of quality times available to the Association as presumably the Arena would continue with a Saturday afternoon public skating session from 1:00 - 3:00 pm. (Staff is supportive of this change as the Saturday afternoon sessions were more popular than the evening sessions.) In trying to minimize the impact to the Association, staff has tried to look at every alternative including the cancellation of the Friday evening public skating session. Attached for Council review is the past season's attendance for open public skating. Figures in bold reflect those sessions in which admission income did not cover operational cost (typitally about 95 skaters). As is noted, the Friday evening session was the least attended. Given the use pattern on Friday evenings, should this public skating session continue or be canceled in favor of providing the ice time to the Association? The Association is requesting this consideration. • Staff is recommending that the prime time rate for ice rental be increased to $125.00 per hour and that all other non -program rates remain at current levels. The Council is also asked to give consideration to elimination of the Friday evening public skating session. Mamnalee 4 OPEN SKATING ATTTENDANCE FOR 1995-1996 ICE SEASON Week Wednesda Fri da SaturdaL. Sunda 1016-10/8 165 187 140 201 10/11-10/1 115 106 116 184 10/18-10/22 96 68* 101 115 10125-10/29 116 76* 106 136 11/1-11/5 115 73* 136 166 11/8-11/12 189 65* 162 185 X1115=:J'1f1;Q 106 1 60* 63* 125 11122-12/3 179 Hockey Toumament Hockey Tournament Hockey Toumament 12/6-12/10 109 71* 67* 140 12/13-12/17 62* 25* 25* 66 12/18-12/24 62* 36* 35 * 10* 12/27-12/31 - 55* 61* 50* 75* 113 -In 96 47* 60* 192 1110-1/14 118 49* 62* 99 1/15-1/21 78* 56* 56* 198 1/24-1/28 78* 56* 56* 161 1/31-2/4 44* 65* 56* 161 2n-2111* 75* 71 136 159 2114-2118 65* 70* 46* 143 2/21-2/5 136 51 38 95 2/28-3/3 18* 37* 96 119 3/6-3/10 21* 34* 21* 62* 3/13-3/17 15* 12* 11* 51* 3/20-3/24 46* 40* 32* 61* 3/27-3/31 39* 42* 36* 75* 4/3-4n 56* 31* 37* 11* 4/104/14 18* 23* 68* 95* 4/174/21 22* 33* 20* 37* 4/234/28 15* 33* 35* 14* =5/1-5/5 21* 35* 30* 6* Note that the week of 11/15-11/19 Saturdays switched from 1:0 p. them. to 7:30-9:30 p.m. *The numbers in bold are the sessions that didn't cover the of ice time and employees. Rvsk*a % MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL .....,gagan, Minnesota July 2, 1996 A regular meeting of the Eagan -was -held...Qn Tuesday, July 2, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present w&... g is ¢ unciimembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Toiff'Hed§bs, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attomey Jim Sheldon. Councilmember Hunter moved, Councilmember Masin seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 Councilmember Masin noted that 6h page 4',:-'h' e third paragraph from the bottom should read, "She added that complaints would be received-,sjmiliqr:.to:.thos.e.:Fooejy.ed when the Mendota Bridge work was being done, specifically, when the dirt w,6t.*:b .0 noted a correction to page 11, third paragraph, to read, "Councilmember Masin stated that a'conventidn center is needed and asked about the height of the buildingi." :She also requested that page 13, the fourth paragraph be modified to read, Councilmember Hunter ;added that, in his opinion, the goal should be to minimize the expense and not maximize the view, Councilmember Wachter referenced page 34.jq:., the Seasonal Part-time Instructor, and stated his concern with this issue and quest! * on ' sjffhfi0i.a iiible for the Council to reclassify this position considering the impact it will have on the:.W'd He asked if the Council had anticipated the cost and would like to see this item discussed *.* at the n�*-t workshop. He also referenced page 10, first paragraph, and requested to see this Gujd�1:,.,.:. . . . . how . . . . ver Grove Heights plans on developing their southwesterly quarter, as well as their past and 4 1'61` Councilmember Awada stated that the action on page 13, the third paragraph should read: Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the purchase of the Richard Holz property for $120,000 with the understanding that the item will be returned to the APRNRC for the purpose of locating the dhveway access and parking lot and that direction be given to the resale of the house by subdividing the property. Councilmember Wachter moved, Qi hdlme 100--Miiitiffseconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 WA W71M 4#XW Councilmember Awada stated ii:ii*g*,t,-,i*h'*'e'*'**&*bli6ti::om:.O'O'*g'L*-'4, second to last paragraph should read: After further discussion, there was a consensus by the City Council that action be taken at the regular City Council meeting of June 18 to approve the purchase of the Richard Holz property for $120,000 with the understanding that the item will be returned to the APRNRC for the purpose of locating the driveway access and parking lot and that direction be given to..the..resale of the house by subdividing the property. Councilmember Hunter moved, Councilmemb.e -*.-. id -:-seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Councilmember Wachter stated that the market shm0be explored regarding the sale of the home and added that the home is rentable durh that timeframe. EAGAN CITY COUNCIL MEETING MINUTES; JULY 2, 1996 PAGE 2 Councilmember Masin said she:ir#:tlki#:tp:Q::;residents recently and stated that they commended the City for helping in the storrtileaFitip ::Giftldiaiiliistrator Hedges thanked Councilmember Masin on behalf of the staff for her representation to the community in regard to the storm. Hedges also discussed the Fourth of July celebration, :f fir mentioned that the City Council is participating in the cost of the fireworks and added that the fireworks display will be held at Blue Cross starting at approximately 10:00 p.m. He noted that the parade will be held on July 4 starting at 10:00 a.m. and discussed the parade route. He also mentioned that arts and crafts will be available, as well as other activities. He thanked the Lions, Lioness, Ann Carlon with the Convention & Visitors Bureau, volunteer firefighters and all the other volunteers for their help with the communit. celebration. Councilmember Wachter asked F?ilitice Chi4bieagan about the accident report for Beecher and Lenore. He stated that a couple of residari6 had approached him and were concerned that there was no yield sign or stop sign at that intersection, " *He.�.Iso:reiquested a study be .completed of that intersection. In regard to Iterti C, Contract 96-16, Approve Plans/Authorize Ad for Bids (Biscayne Ave & Hall SUTH 3 - Utilities & Streeta, Director of Public Works Colbert indicated that the bid date should be August 1, 1996 instead of July 31, 1996, as referenced in the packet., He noted that the reason for the date change was due to the advertising deadline being affected: by.Ahe Fourth of July holiday. Arthur Mulvihill addressed the Council regarding the curbing to 9o_.oR $iSCa-*n6—.'- He asked if it would be possible to have a surmountable curb there. Colbert said.,it�at;:#�e:;alVictllei ;pok at the past project and see what could be done. John Young, Eagan Small Busine_Cs:AVs c5ciation, disked if the design is the same for the street and driveway as when he reviewed it before. Coll :stated think the design being proposed now would provide driveway openings for all existing driveway 660* 6 s: 3iti its:r<I t, meet City Code setback requirements. In regard to Item F, Findings of Fact. Honey Tree Ltd?ftney Tree First Addition) located west of Nicols Road and bounded on the north, west and south by Erin Drive. Councilmember Wachter stated that on page 26 of the findings, under conclusions, it should read, 'The matter was properly before the Eagan City Council." City Attorney Sheldon stated that the language would be changed. In regard to Item f considered at the same tin this item was In regard to Item 1, Adopt. Water Qi361ity Mad&ment Plan Update. Councilmember Wachter stated he feels the APRNRC should be given dtWtion to ppare an ordinance for Council approval rather than just review the need periodically. MayaT:ERsn,.stated_:that.at a previous workshop a concern was raised that if an ordinance was adopted, constit{tP3:yryhosphorous chemical fertilizer outside of the City. Councilmember Wachter said that may be th�'Se; but he stated that residents need to be educated more and that if they do go out of town, they would be in violation of the ordinance. Councilmember Masin asked how the policy would be enforced. Councilmember Wachter said that an education campaign would need to be conducted. In regard to Item O, Modification,cting wetland replacement plan agandale Corporate Center, Councilmember Masini d why a m6di664tion is needed. She also asked if the trees would be in danger if the wetland was eniclirbed. Colbert indiG. ted he would need to research the matter with the Water Resource Coordinator..TNs item was continued to the July 16 City Council meeting for clarification. EAGAN CITY COUNCIL MEETING MINUTES; JULY 2, 1996 PAGE 3 A. Personnel Items Item 1. No action was required on this item. For the Council's information, Michael Barck was hired as the Combination Building Inspector. Item 2. It was recommended to approve -ft hiring of Erik Stettedahl as a temporary Planning intem. Item 3. It was recommended to approve hiring of James Sanders as a seasonal Recreation Program Leader. Item 4. It was recommended to approve the hiring of Kristie Evenson, Sharada Lakhan, and Natalie Peltier as seasonal Recreation Program Assistants. Item 5. It was recommended to approve:.*0e hiring ip Frederick Furlow and Dominic Taylor as seasonal Park Maintenance Workers. Item 6. It was recommended to approvd3ho fiit""'I", : 1::i rson and Jeff VanOverbeke as seasonal Street Maintenance Workers. Item 7. It was recommended to approve the hiring of Stephanie Welberg as a summer seasonal Clerical Worker in the Recreation Division. Item 8. It was recommended to approve the hiring of Sar., r_ 6ahn as a seasonal Naturalist in the Parks and Recreation Department. Item 9. It was recommended to approve :dIi::: 996 •Hearir'<g' Conservation Program Agreement between the Cities of Eagan and Bloomington. Item 10. It was recommended to approve the revised*b4::6f: 09on Health Care and Dependent Day Care Reimbursement Plan Document and Summary Plan Descries; Item 11. It was recommended to approve the updated Affirmative Action Plan for submission to the State of Minnesota Department of Human Rights. B. Contract 96-15, Receive Bids/Award CQ ikact (Meadowview Rd. - Utilities), It was recommended to receive the bids for Contract 96-15 (M cl iv►ivl" Rgei:::�::,Ulilities), award the contract to the lowest responsible bidder, and authorize the Mgliar'and erk fo execute all related documents. C. Contract 96-16. Approve Plans/, Streets). It was recommended to app'. Street(TH 13 - Utilities & Streets) and at 10:30 a.m., August 1, 1996. for Contract 96-16 (Biscayne Avenue & Hall int for a competitive bid opening to be held D. Project 704, Receive Report/Order Public Hearing (Lexington & Wescott - Signal), It was recommended to receive the feasibility report for Project 704 (Wescott Road & Lexington Avenue - Signalization) and authorize a public hearing to be held on Aup%:.6;::1 9f>..., . E. Contract 95-03, Approve Change • ':'�•r #2 (Rb7d:.`:Nhe Lane - Signal Modifications) It was recommended to approve Change Order':#. to Contract 95`43:{Red Pine Lane - Signal Modification) and authorize the Mayor and City Clerk to execute all related documents. EAGAN CITY COUNCIL MEETING MINUTES; JULY 2, 1996 PAGE 4 F. Findings of Fact. Honey Tree Ltd. (Ho 1.Tree First Addition) located west of Nicole Road and hounded on the north. west -and south by Erin Drive::Atyeas recommended to approve a resolution denying a request by Honey Tree Ltd. for a Preliminary Subdivision (Honey Tree First Addition) and Preliminary Planned Development for two hotels and a restaurarif:oij:y_rgvsly platted as Lots 1, 2, and 3, Mari Acres Second Addition. G. Resolution. Amending the McKea:: ;Addition Comprehensive Guide Plan Amendment. It was recommended to approve a resolution amending the Eagan Comprehensive Guide Plan for the McKee Addition. H. Clarification. of Architectural Guidelines for Eagan Promenade. (This item was considered at the same time as Item B, under New Business.) I. Adopt. Water Quality Management Pli U date : ;1t was recommended to adopt the changes to the Water Quality Management Plan as part oNhe five;ji0er review, with the condition that the APRNRC is to draft an ordinance regarding lawn chemical, usa .for.rrouncil consideration. J. Resolution. Continuation of Safe and''recommended to approve a resolution authorizing continuation of the Police Department's Safe and Sober Grant through September 30, 1997, K. Contract 96-18. Approve Plans/Authorize Ad for Bids (South Hills Add. & Wilderness Run Road - Overlay). It was recommended to approve the plans and specs for Contract 96-18 (S. Hills Addition & Wilderness Run Road - Overlay) and authorize an advertisartiQMi for a competitive bid opening to be held at 11:00 a.m., July 26, 1996. ... L. MassageTherapy License. for James NM* to practic;6: t Lifetime Fitness, 1565 Thomas Centre Drive. It was recommended to approve a massage:; rapt' license for James Deyoe to practice therapeutic massage at Lifetime Fitness at 1565 Cliff M. Extension for Recording. final subdivision - Preusse Addiff66. located north of Old Sibley Mem. Hwv.. south of TH 13. It was recommended to approve a request for a 90 -day extension for recording the Preusse Addition Final Subdivision located north of Old Sibley Memorial Highway and south of Trunk Highway 13. I.I extension of the Preliminary Subd DO was continued to the July 16, Councilmember Awa( agenda as presented with the noted modifications. Aye: 5 Nay: 0 rrettded to approve a request for a one year Eagan (Outlot D - for second phase), (This item .he consent PROJECT 709, KENNEB,EC DRIV5;':YANKEt!::b600LE RD. & TH 13/BLACKHAWK RD. S'F#iETS & SIG Na ;SAP. City Administrator Hedges gavel:4 s overview of this iWn. Director of Public Works Colbert gave a staff report. He then introduced Jim 0ar0*,.Saniop:AsAo' to with SRF Consulting Group, Inc., who EAGAN CITY COUNCIL MEETING MINUTES; .JULY 2, 1996 PAGE 5 discussed the project location, specific slkW improvements for Yankee Doodle Road, Kennebec Drive and Blackhawk & TH•13. Dvorak went on toAicuss the project costs, assessments and the project schedule. Councilmember Hunter asked for clarification on the parcels to be assessed under the control of the Metropolitan Council. Mayor Egan then opened the .:public hearing to anyone wishing to speak. Richard Rovang, representing the Metropolitan Council, ad4r;assed the Council and gave the Met Council's official response to this proposal. He stated that they' are not objecting to the project, but they are objecting to the assessment. He referenced the state statute which states they should be exempt, subject to the benefits that would be determined by the Met Council. He requested that this item be continued to allow further time for the Met Council staff to review the proposal and meet with City staff. Councilmember Hunter questioned why the Met Council was not:Vven notification. Colbert indicated that a notice was sent to their general offices in the normal time framd:: nd that iftrmation was also faxed to several individuals at the Met Council as well. Councilmember FWer did flip feel that their lack of internal routing was cause to continue the public hearing. Dvorak clamed that:F had only faxed the information yesterday. Mayor Egan asked City Attorney Sheldon what .tlie legal, position of the City was. Sheldon stated that since the notice was sent, the statute requirement:vasm�:::?C#ilntber Hunter asked if the assessment could be worked out later and what would hat;penin'-itgarci16-the'-assessment for Blue Cross Blue Shield if it was determined that the -Met Council could not be assessed. He wanted to clarify if the City would be locked in for the assessment amount to Blue Cross or if the amount could be revised later. Sheldon stated it would be difficult to revise later on. Councilmember Hunter stated that since the assessment proposed to the Met Council is a quarter of a million dollars, it should be determined if the Met Council can be assessed first prior to establishing an assessment value.W.:B3aie Cross. William Skolnick, attorney for the:;:Cr'ersi .9:own property at 1771 Yankee Doodle Road, addressed the Council and stated their eciiroii to the 6W -de -sac proposed at the end of Yankee Doodle Drive. He added that the Gressers would..re ve,;no d'rikt benefit nor would the other property owner - Transport America. He further added that tffe'so16iatieficiary would be Blue Cross Blue Shield. Mayor Egan asked what the issue would be to the Gressers:SIA� _"-.. are not being assessed. Skolnick stated that the proposed improvement would place a burden on the :Gresser property and also noted that the center island would need to be removed by Gresser at his expense. Councilmember Awada stated that Gresser wanted the island and he had agreed to the terms of the agreement which stated that, at some time in the future, when the area was developed, the island would have to be removed at Gresser's expense. Skolnick discussed the reasons why Gresser had wanted the island put in. He said it was to avoid semi trucks and buses using the strW:.to..turn around .and driving on his property. He added that the cul-de-sac would not facilitate a tum::0r< � t;: #ie.:$t0 :&t Gresser was concerned for the safety of his employees and customers. He furth&r:&19ded tk'O(:G' bsser has done an excellent job of maintaining the median. At the request of the Mayor, COOrt:prnv .a. history on the existence of the island. He stated that the issue went back a number of .yam::&rjii tt2F::Cit::taff had discovered a temporary island was constructed on the public right-of-way and subsequein" ' iermined that the work was performed by Gresser. He then reviewed Gresser's reasons for construction which were to avoid misdirected traffic from using Gresser's property to tum around at the dead end. Another reason mentioned was to de-emphasize Yankee Doodle Drive as being a through street. He went on to add that there was some discussion concerning adding acul-de-sac redesigning.xt e.:ist ispob()n and also some discussion regarding a center island option. He indicated that all proojc:4w.t :rs v► iCr would be affected needed to agree to the construction of an island within a public:met on a temper basis. He noted that two property owners objected and would not sign the agreerii t. He further ngij� that in absence of that agreement being executed, the City could not permit the:jslend to be constructed. He stated that staff had discovered that the island had subsequently been cotittiucted anyhow by: tvate forces and, somewhere through the EAGAN CITY COUNCIL MEETING MINUTES; JULY 2, 1996 PAGE 6 course of time, it was again brought to ft pouncil's attention during consideration of the waiver of plat when Gresser split off the east end of hi':"' perty and sold it to Transport America. He added that there was considerable discussion at that time regarding whether the island should be allowed to remain and for what length of time. He further added the existence of the island until future development of the Dunn & Bradstreet proYankee Doodle Drive to reopen to full public access rather than a restricted primate entrance to Gresser Companies and Transport America. He said that subsequently an agreement wag-epared by trustees for the Gressers that indicated they would agree to perform operational maintenanceon the island until such time that the Council requested its removal. He added that if the Council ordered its removal it would have to be done within 30 days at Gresser's expense per the agreement. Mayor Egan pointed out the fact;that no engineer was retained on behalf of the City to participate in the design of the island. He added thaf'#ii° talkecF*th Blue Cross Blue Shield representatives regarding their concerns about safety vehicles beiri�:able to i=ss their property. He asked if staff had a concern about the access for these vehicles if thiii;l land rem 0'10s. Colbert indicated that a long-term development proposal has been submitted by Blue Cro's's that sh6ws a significant development of an office complex south of Yankee Doodle Drive where th!*:.*tiitli#:be�ajor secondary access to that facility for employees, as well as public safety vehicles: He:4d:fhii:if:ki,:occurs, there would be significant conflict of two-way traffic and added that it would not be safe to leave the median. Mayor Egan clarified that portion of Yankee Doodle Drive that goes west of the island is a public street, intended for use by property to the north, south, east and west. There being no one else wishing to speak, Mayor ,�garx;€umed the discussion back to the Council. Councilmember Awada stated that the discussion.that*as- eid-'two years ago regarding the center island was very clear and that the understanding::iia ':,' f*t::w n the area developed, the median would be removed. Councilmember Hunter add0:'4tiat*'flie publib:.hearing should be continued to allow for Met Council consideration. Councilmember Mash4uestioned:the cul-de-sac use and asked if this would be just a tum around or used by the Blue olhert;stated that it will provide access to the site. Mayor Egan asked Sheldon about the protocol ifi-'regard to closing the public hearing and continuing the item. He stated the purpose for continuing the public hearing is to negotiate some issues between the City and the Met Council. He asked if it would be better to close the public hearing and continue action on this item or continue the public hearing. Sheldon stated that the only comments the City is waiting to receive are those from the Met Council and not from any other affected property owners. He added that in that sense, the Council is concis Wn~g, the pubaic;hearing until August 6 to receive comments from the Met Council. He stated that the I?i?� f i nng;i t :t4ficially closed until the Council takes action to close the public hearing, Wachter asked if the public hearing on August: 6 could be restricted to only receive input from the Met Council. Sheldon stated that he woiii:chec)c ifs:statute, but he thought that the public hearing would b6 required to be open to anyone. Councilmember Hunter moved, Councilmember Wachter seconded a motion to continue the public hearing for Project 709 (Kennebec Drive, Yankee Doodle Road & TH 13/Blackhawk Rd. - Streets & Signal Improvements) to the August 6, 1996 City Council meeting. Aye: 5 Nay: 0 PROJECT 703, MALLARD PAREC�: }'A66*T- y - STREET RECONSTRUCTION City Administrator Hedges gave 2sr? overview of this item. Director of Public Works Colbert gave a staff report and also apologized for:.ft technical defect jl�pt caused the rescheduling of this public hearing. He introduced Steve Gatlin, rep tesenting MSA, .Coti`aulting Engineers, who also apologized for EAGAN CITY COUNCIL MEETING MINUTES; JULY 2, 1996 PAGE 7 their error in regard to identifying the affzcted property owners to be noticed. Gatlin discussed the project location and noted that it was determineQ;titht the only practical and economical solution was for the street to be reconstructed. He went on to discuss the project costs, assessments and the project schedule. Mayor Egan apologized for the li;:cFi t3is:tiQtt'tin to the resident present in the audience and all other Mallard Park residents affected by the project. Mayor Egan then opened the public hearing to anyone wishing to speak. Norbert Ad'i jann, 1664 Woodgate Lane, addressed the Council and stated that he had moved into his home in 1986'8tid does not feel the road should be in the condition it is in. He added that proper construction and maintenance should have been completed. He referenced letters that were submitted by residents. He also feels that further study should be given to the cost of overlay vs. reconstruction. Mayor Egan stated that the past:000lic heartlsg record could not be relied upon, but added that the minutes could be used as reference for #vhight's puoc hearing. He further added that the overwhelming concurrence by the residents at the last:0 tblic heating was that the street was in bad shape and needed to be reconstructed. He stated that when"'the assessments are decided he would listen to arguments for lowering the assessments, since the e :AhOe'::mijch longer than most of the homes. He indicated the assessments would be detietl 2rt:amts—O.6tilirr hearing. Colbert discussed what contributed to the deterioration of Woodgate Lane. He said the street was constructed in 1979 and that the development was slow to build out. He stated that staff was surprised at the rapid deterioration of the street and that it was indicative of the poor structural stability of the street. He added that the heavy clay soil has contributed to the de.W.'' tion, which traps moisture. He went on to add that the freeze/thaw cycle caused the street;:t4::t ez I"'. and break up. He mentioned that the possibility of an overlay was investigated,.#xtE.state::tfiet:it would not provide structural stability without a good sub base to be placed on. He nothid.:t#ia#'if'an oveiay was done, within three to five years the street would need to be reconstructed, which would-mt,.be ecoiiomical. Adelmann asked why the base was not pub irr oi'rectljr.in the first place and routine maintenance not performed. Colbert said that records do show routine 'seeoating was completed. He did not know why the subgrade was not better prepared. He added that this was an improvement done by a developer. Adelmann asked if Eagan had to sign off on the contract. Colbert stated yes they did. He mentioned that at that time, the level of review ;on the design and construction inspection was not as high as it is today. He added that the City did not have an in-house engineering department and that the burden was placed on the developer and his engineer to comply..with the reqw.itements. Councilmember Hunter asked if research had been conducted on the sea#irQatxcfg.l (stcq. 46iiiiii street yet. Colbert stated that it had been done, but when staff moved out of City Hes 1:; Ibr the ti�tb astruction, records were purged in accordance with the retention laws of the State of Minneaoie and mg y documents from the early 1980's were thrown out. He added that staff is trying to recreateAtiq informa10 in regard to this area. Councilmember Hunter stated fh .. ji fif. .i.tnaintenance came up a lot during the last public hearing and this information will he'iakeri into acco't'dtiring the assessment process. Mayor Egan added that they are trying to treat Mallard Park the same as all subdivisions. He further added that there are some unique facts that surround this project. He stated that there are always two elements to each reconstruction project. The first element is whether or not it's feasible and necessary and the second element is if there is special benefit shown frQma klaceial point -of -view. He noted that the maximum to be assessed will be what the special benei;:this subdivision, which will be determined after appraisals are obtained. Councilmember Awada mentioned. the issue addressed in the petition regarding the problem with two streets being named Woodgate La6&.::*Pouncilmember Ati da and Councilmember Wachter suggested EAGAN CITY COUNCIL MEETING MINUTES; JULY 2, 1996 PAGE 8 the Council direct Hedges to send a letter..tq all residents who live on that street presenting options with regard to the street name. Councilmember Awada moved,,.:Cour4O.tmept w.:::'l.Mce ter seconded a motion to direct City Administrator Hedges to prepare a letter::*ix#:sial:: tti::alt::::residents who live on Woodgate Lane presenting two options as follows: 1) Rename the street' Woodgate Circle or 2) List the house numbers underneath the Woodgate Lane sign. A�it ;:::;5 Nay: 0 There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council Councilmember Awada moved, Councilmember Wachter seconded a motion to rescind the action taken on Project 703, Mallard Park 2nd Addition (Street Reconstruction) at the City Council meeting on May 20, 1996. Aye: 5 Nay: 0 Councilmember Awada moved, 'duncilm�i ler Hunter seconded a motion to close the public hearing and approve Project 703, Maila4lDark 24ddition (Street Reconstruction) and authorize the preparation of detailed plans and specifigst "'$::.**.*,a VARIANCE, PROFESSIONAL PLASTICS Senior Planner Ridley gave a staff report on this item. He stated that the purpose for the variance is to allow for a customer and employee parking lot. He discussed the removal of 93.6% of oak woodlands in the area and noted that a cash dedication would be required; He added that staff had discussed the possibility of the applicant acquiring land to the north,.b. f:: t6f#0:that the lot had already been sold. Jack Grotkin, R.J. Ryan Constru.gW. 0;::�i# 69siect l e Council and mentioned that this would be a light manufacturing facility with virtually rib trurK.traffic. Mayor Egan then opened the public hearing io:stnjin>le:#shing to speak. B.J. Larson, 845 Wescott Square and President of the' Wescott Square Townhome Association, addressed the Council and made an appeal for the buffer to remain between the commercial and residential property. She submitted two petitions. The first petition contained signatures of those residents who were opposed to the variance. The second petition contained signatures of those residents who supported the proposal but wanted more adequate tree cover, She added they are concerned about the 93.6% decrease in the woodlands. She asked if the adjacit:rtc! ; tete of the property is designated for future to development of North Park. She sumrj mistl' 'fjy .sa irlg' lftls is the eastern gateway to the Eagan Promenade and should enhance, rather:'3jon detrai~t; Ern the development. She stated they would like to go on the record as being opposed,. to the granting of this variance because it goes against the Comprehensive Guide Plan and does ngt maintain::tO: appropriate buffer. She also voiced their concern for the proposal to remove 93.6% of the Kt>it3f2(tttid .tetged that, if this variance is granted, the tree mitigation fees be used in the immediate--ar a'-tbr-tealeWMiit of the tree loss. Councilmember Masin asked if they were opposed to the tree loss and the variance but not the proposed use. Larson stated the business is a better choice, but questioned the placement of it on this piece of land. Jan Mitchell, 847 Wescott Square, expressed her concern that the granting of the variance will destroy the buffer. She stated she is not:::R�.: ii mstry developing in this area, but feels the Comprehensive Guide Plan is not being foli:bwed'.in 'Hits '$ikiation. She also expressed her concern with possible emissions from the plant. Boon Vnei tlmavongsa, at '.16nt, stated that the operation would consist of assembly and no plastic manufacturing .would take place. ".'Mitchell also asked the days and hours of operation of the facility. Thammavongs; ;:lttated the operatlorx*ould be run Monday through Friday from EAGAN CITY COUNCIL MEETING MINUTES; JULY 2, 1996 PAGE 9 8:00 a.m. to 4:30 p.m. Mitchell asked about:the lighting for the parking lot. Grotkin stated that lights would be mounted on the building, as required':*Ahe ordinance, and would shine to the parking lot. Grotkin added that there will bez:f6ur:W-ber. M:between the parking lot and the street. He also added that the mitigation will be taking00..Aind that the oak trees on Yankee Doodle Road will remain and the berm will be ended. Mayor Egan noted that no statement of hardship had been submitted. He also noted that the off ff report indicated that the size of the building may be too large for the site. Grotkin stated that the buildi4 : idoes not go over the 35% coverage that is allowed in the City. He added that the business is growing and the applicant needs the size of the proposed building and the parking lot. Councilmember Awada asked if the landscape plan could be improved. Ridley said that additional landscaping could be increased in the berm area. He added that, with a variance request, the applicant is hesitant to put a lot of money.into landscape plans, in case the project does not move forward. Councilmember Wachter stated that th�..':tOsidents-.should be notified, if and when this is approved, and allowed to see the revised plan. Counofl4*mber Moiiin asked if the variance is granted would 93.6% of the trees still be removed. Grotkin said y couldv''Ork with the City to save additional trees. There being no one else wishing:to:soO.'ki':.lige yc>r.:E vaq:tumed thb discussion back to the Council. Councilmember Hunter stated that thisV99::*nAaC�#it2►bl�:':Wiiness use, but questioned the issue of hardship. He added that.he. was also concerned about the 93.6% tree loss and said there was too much building for this lot. Mayjqr Egan stated that there is significant opposition on the part of the neighborhood and no statement of hardship has been provided. He also expressed his concern with the loss of trees. Councilmember Awada said she did not feel there could be a better use for this site. She added she would support this action if additional landscaping were provided. . p ncilmember Wachter concurred. Councilmember Masin stated She had-g.o'61: fth granting the variance and losing the trees. w Councilmember Wachter expressed his ;.0'K*ms'--: 6" buf:0*dded that he would like them to come back with a specific landscape plan and see if it' -is' more accepti ble. She asked the audience if they would be responsive to accepting this proposal if adA:,o:,:v,:X*!:i:':-i-a-mdsr,.aping were provided. Larson said they are willing to try and work something out, but added she is sfilfrc3tirrect-with the building being too large for this site. Mitchell stated she is not against additional landscaping, Eti ::fells a lot of footage is being forfeited. Councilmember Awada moved, Councilmember Wachter seconded a motion to continue the Variance to allow parking within,Ahe required 100 foot setback buffer for Lots 21-24, Block 2, Eagandale Center Industrial Park #4 to the July 16, 1996 City Council meeting with the understanding that the applicant will work with the neighbors and staff on issues that are of concern to the Council and the neighbors. Aye: 4 Nay: 1 (Hunter) CONTRACT 9642" RCEW'. 410 $/AWARD CONTRACT NORTHWOP& UTILITIES p:... Councilmember Wachter moved, Councilmember Awada seconded a motion to receive the bids and award Contract 96-12 (Northwood Drive - Streets & Utilities) and authorize the execution of all related documents by the Mayor and City Clerk. Aye: 5 Nay: 0 .. ... .......... .. ... .. .... ....... ..... ....... ...... .... . ...... ..... .... EAGAN CITY COUNCIL MEEMNG MINUTES; JULY 2, 1996 PAGE 10 CONDITIONAL USE PERMIT - MCG'S, INC. City Administrator Hedges gave a:ciirtiiiaiiii'itif'3Fti; iretit:: Senior Planner Ridley gave a staff report. Councilmember Hunter asked who had beert noticed. Ridley stated that property owners 350' out had been noticed. Councilmember Hunter askedwf3y: the other residents who were at the last public hearing were not noticed. Mayor Egan stated that it would be too hard to control which residents to invite and which ones not to invite. He added that the statute needs to be followed which states 350'. Councilmember Hunter mentioned that he thought the Council had agreed by consensus that the 350' statute should not be used as a hard and fast rule. Mayor Egan stated that green signs were applied and the 350' notice was sufficient. Councilmember Hunter proposed the issue of noticing be discussed at the Roundtable. John Shardlow, representing McO* addre$W the Council and noted that significant changes had been made to the proposal since the eadiiet requesV:::He said that both driveways had been consolidated into one and that the number of pumps had been Decreased from four to three. He also added that the circulation on the site had been improved.*tO !? B: ligf}tinig::Qr3:#t16 site was also improved, with substantial landscaping also being proposed. He adt f0bsgadihi'dbritom&-raised regarding the housekeeping issues. He mentioned that the previous tenant, adjacent to McG's who was a primary concern, is gone and that the site had been cleaned up. He also talked about the traffic concern and stated that the traffic report indicates the center is operating below capacity. He submitted a petition signed by a number of customers in the area and other tenants in the center, who support the proposal. He also noted the environmental concerns and said that strict standards are in place which.regq.l a tanks to be double -walled, Vasco Bernardi, owner of the Ced,afaral6ftooin Center, addressed the Council and expressed his support for McG's and stated he feels:thia;*661d help:&t the Cedarvale area. Councilmember Hunter agreed that this use would help out the area.•:•:He•noted 'tfiat only two people were opposed to this use at the public hearing at the Planning Com miSS' i0ri::::ate::also. added that the petition shows support for the proposal and further added that the primary reason 'for ctfa; ;before was because of the second entrance. Mayor Egan noted that the application has come back with. Y"e"2io' nable modifications. Councilmember Masin commended the applicant for the improvements made to the proposal. She questioned if there was some problem with the management at Cedarvale in regard to lease costs being too high. She also added that she is concerned with pollution and stated that at some point, the location and number of gas pumps in the City needs to.be,eddressed.. Councilmember Awada felt this proposal was a great improvement from the earlier regkle$taygr•;i:oiiicurred, Councilmember Masin moved, O'rlcilmeni Wachter seconded a motion to deny a Conditional Use Permit for McG's Inc. to allow Motor.:Filel Sales.Jocated at Lot 1, Block 1, Silver Bell Center Addition, 1969 Silver Bell Road in the SW 1/4 of;$Ottion 17:::Aye, 2 Nay: 3 (Egan, Awada, Hunter) Councilmember Hunter moved, Counciime'm15e4E16'seconded a motion to approve a Conditional Use Permit for McG's Inc. to allow Motor Fuel Sales located at Lot 1, Block 1, Silver Bell Center Addition, 1969 Silver Bell Road in the SW 1/4 of Section 17 subject to the six conditions as follows: 1) The CUP shall be recorded at Dakota Cc unity. within 60 days of Council approval and submitted to the City. 2) The property owner shall prothe City a plan:.tip; unify the appearance of the trash/recycling container stofege in the service area behind the building. EAGAN CITY COUNCIL MEETING MINUTES; JULY 2, 1996 PAGE 11 The CUP shall be continually supje t to the following conditions: 1) The property shall be maintained. 2) The applicant shall locate the:.*0Igfii7gift tsesits:-Oppure that they are not affected by the proposed improvements. 3) The property owner shall enieIlnto a proof of parking agreement with the City. 4) All snow storage for the site shall be located on the Silver Bell Center property. Aye: 3 Nay: 2 (Martin, Wachter) PLANNED DEVELOPWiNT AMEfSIDMENT - ARCHITECTRONIX, INC. City Administrator Hedges gav#'-an overvlew of this item. He referenced a letter from Opus regarding staffs interpretation of the ori§frit:i*'vt1Qp�e t:ag ement. He added that he feels the staff is raising all the right questions. He also 21ic3ect:Biai;:tiaese:#tas::}�een some modifications to the plan the Planning Commission reviewed. He noted that the issue is in regard to outside seating and whether it will be mandated and policL4 or whether the market will determine if outside seating is desired. He stated that this needed to be clarified by the Council. Mayor Egan stated that at the time this was discussed, the expectation was that outdoor seating and services were to be mandated. He added that it may be subject to further discussion based on the fact that it would be hard to.force the applicant to have outdoor dining under any circumstance. He stated that the physical.�&a"'ri+rg'k*d's to be in place, but added that he did not feel they would need to be forced to serve food :::::::: Councilmember Masin did not ri?calJ.the Councrl:-'Opecifying that people would have to eat in that area. She added that some of the area ff— ln0 fh0::plaza is being used as the back of the building and that should be avoided. Hedges said that Stuart aridetstift�s::fettle Company has modified their plans to reflect that change. Councilmember Awada stated she Pe`-":-. ibered talking spdcifically about this being an outdoor restaurant area at a task force meeting. She commended the staff lfor upholding the intent of the agreement. Councilmember Hunter agreed, but he also added that the vision was not to have a lot of fences around the eating areas. He questioned how the areas would be policed without fences. He asked if this area is mandated for outdoor dining strictly for Cattle Company, would it restrict others from using the area. Mayor Egan added that he like¢'#€i iiieaf;#iaving'2h open area, but would understand if Stuart Anderson's wanted some protection in jliting their dining area. He noted that the idea was to create a unique niche and that it is very important that Stuart Anderson's achieve the goal of the City Council. Councilmember Wachter concurred. Jan Martin, Director of Real Esiate''f01°: ingritt" lexscm's, addressed the Council and stated that they are proud to have selected Eagan as their new site. She thanked the City staff for their help. She added that the building and the execution of their concept is important to them. She noted that many changes have been made to their plan, but added that the issue of the City Council dictating outdoor dining is unusual to the restaurant business. She stated...that they read and understood the development agreement between Opus and the City. Shedif #Fiaest_interpretation was that warm weather outdoor seating was to be provided in the Promen :gtea.' 'Sfiii :fti' her added that their upper management has decided to offer outdoor dining, but request#his not be made M:condition for approval. She stated that they believe this is a business decision that naads to be left to thelj*�Jsiness operators. She said that if they find, in the future, that the citizens of Eagan:*0 not amenable to.WS concept and do not patronize it, they do EAGAN CITY COUNCIL MEETING MINUTES; JULY 2, 1996 PAGE 12 not feel as a business they should need .tQ.-come back to the City and request this be discontinued Martin also addressed the issue bf'walling off the sites. She noted that it would be necessary to enclose the area, since alcohol will be seryed,: nd:it :ia ;,also.s npprtant from a control and liability standpoint. Councilmember Hunter stated this could::Cli:3o?>e1;.sf>F►ithin a certain amount of time a business decides to close, then the walls are up an no one else can use the area. He added that the area should still be able to be used and tables and chkjjs should be provided. Hedges noted that the vision the Council had was to be able to walk around the pt is and see all the outdoor dining areas. Councilmember Masin stated that the intent was not to intervene in business decisions, but rather to maintain the integrity of the plan. Martin asked for clarification as.,tQ whether the idea was to provide outdoor dining or service as well. Mayor Egan said that the intent wa0br both aN added that both could be accomplished by working with them. Councilmember Awada stati ;that so4iables need to be provided. She clarified that many cities intervene when they are trying to 6r4ate then :putdoor projects and added that this is the first time Eagan has done so. She further added that outdo4t dining should be required in the contract and if there is a problem they could come back to tha:Gita::C-ots .gA;at::that:time. She'also noted that this needs to be a decision by all three restaurants. Mayti:Ear#;iier{etl":Councilmember Awada stated that this is a special place and said that ,there are lots of other sites for restaurant locations. Martin stated she is concerned that the City would mandate serving days and times. Mayor Egan reiterated that days and times would not be mandated; but stated that the physical plant needs to be there and available for the appropriate situations. Tim Murnane, representing Opus Corporatipn:;;.etldtt#ed the Council and stated they are not changing the intent of the development agreement-*:# lii.':0 tled that the issue that needed clarification is that Stuart Anderson's does not get approvad: . bject'to tki obligation to serve outdoors. He further added that outdoor seating will be provided and'il 4'agreement fates such, but noted that the obligation to serve food is not in the agreement. He stated that#::i�:p. portant that they not over -commit to something they cannot live up to. Councilmember Hunter said as'iifig:as:itteY::are willing to provide best efforts in regard to outdoor dining, that would be acceptable. CouncilmerbWr-:Anda disagreed'and stated that the intent was to have outdoor dining. She asked why they are against -a requirement of outdoor dining being put in the agreement. Murnane stated outdoor dining should not be a condition and the City Council should not govem operations. Councilmember Wachter added that outdoor dining will be climate and market controlled. Councilmember Hunter stated that the market should dictate whether this service is provided. Councilmember Wachter stated he is concerned with the image of the area. John Rix, architect for Stuart And r ori`S;' I+$joua' d�tlla- proposed layout of the building and noted that the issues with the service doors h6a'.hben ad**'" ted. He added that there is a railing proposed that would be consistent with what is around.Ahe fountain. He stated that outdoor seating and dining will be provided. He said that the east side of building:* the service side and pointed out the location of the kitchen door and added that it would be:go6 11.e i::by'it wall::a�nd it. He said that the mechanical service items had been moved to the east side aiicl'Wi4egrateit:ititith: lire.service side. He added that the materials and landscaping are consistent with what was approved in the planned development. Councilmember Wachter asked what all the doors were for on the old proposal. Rix stated they were to allow for easy access. Councilmember Awada asked how many tables were being provided for outdoor dining. Rix stated that five tables ;w8fa: kirsi :irl $irs. each were planned. Councilmember Awada asked about the capacity of the restaurar t.; tsltle. 'Rii :4id:there was seating for 220. Councilmember Hunter said that it is important for the tab100-to be fairly spam to allow for pedestrian movement. Mayor Egan asked if the plan called for the physical purchase and:m'stallation of the tables. Rix answered that it was called for in the plan, Councilth6 ter Wachter as.ki�d about a possible expansion area if the EAGAN CITY COUNCIL MEETING MINUTES; JULY 2, 1996 PAGE 13 demand for outdoor dining was to increase.... Rix stated the seating could be doubled. Mayor Egan noted that people :gelid to feel comfortable browsing the area. Councilmember Wachter added that the appearance of the.. south. $ide,s..impQrtant. Councilmember Wachter made a motion to approve the Amendment and tht Ci3yrfltleiiISF>G#4iiter proposed language clarification. Mayor Egan added that tables and chairs should be'prbvii. botl %&*dining and for general seating. Martin noted that if they were to provide an area with :�tsles and benches it would be difficult to allow movement. Councilmember Awada asked if the language was strong enough so they could not remove the tables. City Attorney Sheldon said that the language proposed states tables will be provided. Councilmember Masin asked if the issues of the staff and Planning Commission were addressed by this proposed action. Ridley stated the Planning Commission was concerned about the building construction and having an appropriate side face tF:plaza and. also were concerned about outdoor dining being provided. He added that the amendmerrts.and revi�ipns address both of those concerns. Rix stated they were also seeking approval to have their'•: logo sign:ijier the entry. Mayor Egan said that he felt this was their signature and should be approved.:::..Counc'I#i Omber Hunter supported it also since it was non - obtrusive. Councilmember Wachter moved, Couria'ilmerriber *Hiiriter seconded a motion to approve an Amendment to the Preliminary Planned Development for Lot 4, Block 2, Eagan Promenade subject to the following conditions: 1) The Agreement requires outdoor seating in the South Plaza area. This requirement was intended to encourage outdoor restaurant septi%--'Ii�llow restaurant patrons to fully utilize the plaza/fountain amenity. The proposed.site:j3faq-wili'p'rovide, but not mandate, outdoor restaurant dining. Tables, chairs, or benctWAS. i► .b,6'provided for general public use, at all practical times. A single door in the south faci;idi*will allow restaurant patrons to directly access the plaza. 2) This Planned Development Amendhi the main entrance which faces west. signage for the company logo over 3) Prior to execution of the Final Planned Development Agreement, the developer shall revise the plans as needed to clarify what items will be installed by Stuart Anderson's Cattle Company and what will be installed by Opus. Such items include, but are not limited to: landscaping, metal fencing around plaza, planters, and light fixtures. 4) Awnings shall not be included "4't*tiis"'tii7aa *o.:: :7bf the building materials. 5) All rooftop mechanical equipment shall 62'screened from view. 6) Execution of a Final Planned [valc+txrri;rjt.:AyFeerxent. Aye: 4 Nay: 1 (Awada) Hedges noted that the Final Planned Development Agreement will come back to the Council as a consent item for ratification. CLARIFICATION OF ARCHITEC'�RA ''iiUl;l� ;#NES FOR EAGAN PROMENADE (This item i!.* :pulled from t4.0� nsent agenda) Councilmember Masin asked if lfr, wording and reguj#ons would apply to a new owner if Opus EAGAN CITY COUNCIL MEETING MINUTES; JULY 2, 1996 PAGE 14 were to sell. It was determined that it would go with the land. Ridley agreed with the proposal for the standards for awning. He noted that the::PlOnning Commission wanted to limit the color choices to eight, Councilmember Awada stated that the cof6r*s"' should not be limited. Councilmembers concurred. Councilmember Hunter moved 4W4 motion to approve a clarification of the Architectural Guideline for Eagan Promena 6'regijirdi(rig to the following three conditions: 1) That all awnings shall be ma*.of Sunbrella or canvas material. 2) Lighting of the awning shall be limited to down -cast lighting only so that the awnings shall not have the appearance of being back -lit or illuminated. 3) All awnings shall be of only CiF*'4 solid color (i.e. no striping, lettering, symbol or logos.) Aye: 5 Nay: 0 Councilmember Masin noted that ihe Dakota' County' League of Governments meeting scheduled for July 10 will be held attheMVTA building in Burnsville. It was noted that there would be no executive. ",ssi llowing the Council meeting, CONTRAQT---.';00�io.,:::y-AWKK DOODLE RD. Director of Public Works Colbert ft, ised...thp'Nvo parts of the change order for the Yankee Doodle Road bridge widening. Councilmember'H'*M6'r.:'a'iked:if there was a lot of pedestrian traffic. Colbert indicated there was and that there was no other for safe crossing. He stated there was a pedestrian fatality that occurred last Friday near this location.- Councilmember Hunter ,moved, Councilmember Masin seconded a motion to approve Change Order No. 1 to Contract 96-10 (Yankee Doodle Road Bridge Widening) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Director of Public Works Colbert:*k*'ated thi*W*"ll'otices were being distributed regarding the street sealcoating program and provided copii�46 the C%ftil. City Administrator Hedges noted:lhit.,:"t4i?*W"R"*§,,,,",,'.,**.',#the MN Zoo had called asking who would be attending the groundbreaking for the Imax Theater. Councilmember Wachter requested the report from the deer hunt meeting. He also referenced an article in the Pioneer Press in regard to the City i of Burnsville cutting back on mowing the boulevards in order to reduce their budget. City Administra.0. P-3400�k'stated that this item will come back to the Council in the 1997 budget. Councilmember Hunter asked al5"the wording for flid bond referendum and questioned if it was necessary to specify the percentages for.':bvfterment and acqyj$ltion. City Attorney Sheldon stated that he EAGAN CITY COUNCIL MEETING MINUTES; JULY 2, 1996 PAGE 15 is researching how much flexibility can be allowed. Councilmember Masin referenced::tiie June 25 Open Issues Forum and stated that there was good representation from elected officials. She noted that a thank_you letter and survey will be sent to all those who attended the forum. Mayor Egan th c ;Cititisi iltjter#ii r. Masin for her efforts in regard to the forum. Councilmember Hunter discussett.the issue of notification. His recollection was that the Council wanted to empower staff to be able to the notification list beyond the 350' rule. He thought that anyone who had attended the informational* meetings was to be notified as well. Mayor Egan agreed with Councilmember Hunter regarding notifying those who attended the informational meetings, but added that it would be too difficult to extrapolate names of individuals from minutes. Councilmember Hunter noted that he is not opposed to staff going ahead with reasonable judgment. Councilmembers concurred. Senior Planner Ridley stated that staff does Ocercise that right and added that people who sign up at the neighborhood meetings are noticed. He ,ts note s#:tt at 15 to 20 parcels were noticed in regard to McG's and that 2 parcels were townhome assoitions. Councilmember Wachter questioned'�age,*foiir 6f*thii '-bilis and asked why there were five items at the same price all with the same description. Hedges stated that he would check into it. Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated June 27, 1996 in the amount of $1,593,224.54. Aye: 5 Nay: 0 The meeting adjourned at 10:14'p:'i MLK Date City Clerk If you need these minutes in an altemativi-f6lri' i, h aslSCg tint, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Roaff,*:fagan,- :: $5122, (612) 681-4600, (TDD phone: (692) 454- 8535). The City of Eagan is committed to the p y.that..i�Ir:peMomfifive equal access to its programs, services, activities, facilities and employment wi h.... creed, religion, national origin, sex, disability, age, marital status or status with regard to pubicassistance. MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 2, 1996 A special workshop meeting of thf:Eagan City Council was held on Tuesday, July 2, 1996 at 5:00 p.m. at the Eagari Municipal Center. Preteen were Mayor Egan and City Councilmembers Wachter, Masin, Awada and Hunter. Also present were Cityr.AdministratQG Icp, -ledges, Assistant to the City Administrator Hohenstein and Senior Planner Ridley. City Administrator Hedges stated that, along with Senior Planners Freese and Ridley, he met with Dan Oren to review a concept for the development of the south half of the DART property located in the northeast quadrant of Yankee Doodle Road and Lexington Avenue. He stated that Mr. Oren would like approximately 10 to 15 minutes of time and would also like to receive some direction regarding the type of use so he can continue marketing hl:0roperty .Mr. Oren introduced Francis Bulbulian who made a presentation regarding various example , >af clust .- g residential and commercial development that is occurring in other communities. He furthor.:stated 3 the breakdown of the 200 acre parcel includes the central park - 63 acres, recreation - 3 atmos, dweWO units - 33 acres, civic, commercial and office - 14 acres, office warehouse - 14 acres and Light.. ". . trial -.73 .egrga. He stated that the plan is to provide a showcase area that will complement C.:h'iag>gFll:i�1f:, the Yankee Doodle Road corridor and Promenade development. City Councilmember Masin asked about airport noise. Assistant City Administrator Hohenstein stated that the Airport Relations Commission would like to meet with the City Council and review airport noise issues for proposed development north of Yankee Doodle Road at a point in the near future. He further stated that any change in redesignation of the Rmpertrvill require a Comprehensive Guide Plan review. City Councilmember Masin further asked :+;ifity road noise. The City Administrator stated that Mr. Oren was apprised of the Couniy's::reit:iiitia#ioe to require noise mitigation measures for any residential development adjacent to Couhty*'i`ds. City;oa:Councilmember Wachter stated that he likes the concept of residential; however, had numerdii5:*ign .questions relative to the type of units, density, etc., that would be reviewed at the time a formal prdoosat;irs:Pt�essed before the City. Mayor Egan stated that he likes the proposal conceptually; however, he quesfibtted::yrhether it is marketable as presented. City Councilmember Hunter stated that he would prefer that residential stay away from the north side of Yankee Doodle Road; however, the Central Area Task Force did recommend a complete plan that provides a certain level of density that would allow for pedestrian movement intermixing housing, business and recreation. He stated that the park would buffer the industrial park on the north and likes the idea of small shops; however, he did express some concern about the amount of park land that is proposed as being under water. Mayor Egan feels the proposal:ftht.be batter i#an the Eagan Promenade in the sense that it provides a better sense of place and motaiitiieraciio>1:ifitlantial and commercial neighborhoods. City Councilmember Awada had stated thatfie:s concied about the development, especially the residential units as shown and asked N the units will' have garages facing the residential streets due to small lots and density. She also expressed concern atiatit too manf jlownhomes. City Councilmember Awada also stated that there should be additional analysis::3e0ar-0n .'Ih .;j;er4tml.•area park theme that will allow the City to perform the type of park activities identified:#ri:ttia# study.:. irrtji:i�i�iun 4 member Masin asked if the developer will work with the City to satisfy the park needs identified in the central park report stating further that the City might need to purchase some park land to satisfy the objectives of the central park theme. Mayor Egan thanked Dan Oren and Francis Bulbulian for their presentation. PARK;�31��f=RENDUM'rt'��tC FORCE City Administrator Hedges stateftat the Park Refer#.rid_um Task Force met on June 26 to discuss the status of the proposed referendum;.:::.T:# e.Ta$k Fpjp.s. :psked to address the two (2) dates which include the Primary Election, scheduled: i!8s;; pf i t: %:W:the General Election which will be held on November 5. He further stated that Councifriietnfse'r5 fi'ave requested more specific information about the EAGAN SPECIAL CITY COUNCIL MEETING; JULY 2, 1996 PAGE 2 purpose of the park bond referendum, as an example, what priorities are under consideration for acquisition and how the funds will be designated in the proposed referendum. Lee Markell, representing the Task Force, presented the candidate sites stating. that the sites represent approximately 500 acres of land. He stated that the amount of the referendun#:iluip not allow the City to purchase all the sites. City Councilmember Wachter stated..thW—.he. wQu10Jka .a list of the sites and specifically, criteria on how each park could be used, for coiidrS¢il;:tkizi: iltfi meeting. City Councilmember Hunter asked that the list be reviewed by the Advis8lji'P'atici ;''ReiCteativii and Natural Resources Commission and supported the request for information by+:Councilmember Wachter. Task Force Member Markell stated that each site will have an appraisal. Rei'er,ndum Task Force Member Vincent explained that the process Is similar to the City of Maplewood where 99 parcels were presented to the community; however, all those parcels were not purchased as a result of the referendum. City Councilmember Awada suggested that signs be placed on each of the parcels so that the community is aware of locations. City Cg4iiicilmerrll?er Hunter asked if acquisition and betterment can be placed on the ballot as one referendum giiestion. The: City Administrator answered yes. He further asked K there can be flexibility in how bettermerii.f defined lowing the City Council to use dollars for active park land, a nature center or some other purp&ii4 as they:deem appropriate. The City Administrator stated that this is a legal question and will require some:FiR?4w.by.the;G�.Attomey. City'Councilmember Hunter also asked what is the 10 to 15 year developriZeti.. ... .:tli :; . fts %ystem. He expressed some concern that the voters need to know the total cost and expec4ation''fo� par'k'iievelopment over the next several years. City Councilmember Wachter stated that the amount and date need to be determined and there should be flexibility in how the referendum is phrased that will provide an enhancement for the entire community. Mayor Egan stated that enhancement suggests..4mproving existing parks which may be appropriate. City Councilmember Awada asked thaty::consider a hypothetical question, that if $800,000 was the only amount to be allocated, tC►r.:biz€teiizrl#'in the foreseeable future, how would those dollars be allocated. . _ _ ..... . City Councilmember Awada thanker ,. � ity;Administrator for his information relative to the bond referendum dates. Mayor Egan discussed the itafe sttitlfig was supportive of the General Election, November 5 date. He stated that this provides an oppoit hity,:tp:educate the people properly over the next several months. City Councilmembers Hunter and Wachter''supported the General Election date for reasons stated by the Mayor. City Councilmembers Awada and Masin suggested that the September 10 Primary date would be a better choice, since the number of questions on the ballots are limited and the analysis the City Administrator provided by Springsted implies that there has been more favorable support for referendums at Primary Elections than General Elections according to their data compiled since 1994. After further discussion, the Ci#Si 5tii�riiitisxr #iF' *ft -'directed to prepare the resolutions for consideration at the July 16 City Councif:tiieeting. OTHER:00SINESS There being no further business ::`#'3i iiaeie#litig :>: purred at 6:30 p.m. to the regular Council meeting. Date City Clerk TLH MINUTES OF A SPECIAL* MEETING OF THE EAGAN CITY COUNCIL ::::Fagan, Minnesota .'.'.June 25, 1996 . ............. .. A special meeting of the Eagain')ffft�'C&idf* 'held on Tuesday, June 25, 1996 at 5:00 1 :-: p.m. at the Eagan Municipal Center. ';'sent were Mayor Egan and City Councilmembers Masin and Awada. Absent were City Couticilmembers Hunter and Wachter. Also present were City Administrator Tom Hedges, Director of Public Works Tom Colbert, Director of Parks & Recreation Ken Vraa and Senior Planner Lisa Freese. VI91TORS BE HEARD Mayor Egan acknowledged VWtors TOe Heard; however, there was no one present to address the City Council. CENTRAtCONCEPT City Administrator Hedges introduced the central park concept stating that one of the alternate proposals to the Promenade site has been the 80 acre Unisys parcel, now under ownership of Joe Miller in the name Scenic Enterprises,:.1ric. He stated that an application for a Comprehensive Guide Plan Amendment tq..cb:afi&JJ16::80 acres of property from major office to a mix of uses including residential .-----. M''iixon' O.'and park has been presented and will be considered by the Advisory Plannin Commis4'jp':`n at their July 23 meeting. The City Administrator further stated that the pia '-pb�'616r-.-C, iiy Council review is to provide direction to the developer, the Advisory Planning Conl''M'1,3"'S'I'O''N"':"Advisory Parks, Recreation, and Natural Resources Commission and staff as to what the facilitie's":'.4nd features sh-p'u'ld include if a central park concept is to be further pursued for the 80 acre Unisys parcel. City Planner Julie Fareham presented background on the proposal by Scenic Enterprises, Inc. to redesignate approximately 80 acres of property from major office to a mix of uses including residential, commercial an4:pw 'Mr. lapdA-Mf-:;w.as formally part of the Unisys campus. . ..... ..... She stated that a survey conducted . -1h�:'0?iiff Area Task Force Study, conducted in 1995, ranked several features for a:p&ential She referred to a place to host community- wide events, such as "Eagan Days," :fturth ofta3y celebrations and Christmas displays. She also stated that the survey identified a Wp W`6--raq :pt4qr-.4qsired facilities, such as pedestrian/bike paths, community center, amphitheater:-*"'i46*t:tQ— other recreational facilities. Planner Farnham raised the question of whether a central park and/or community center is worth pursuing, which raises questions about what facilities or features such a park should provide. She further stated that the APC is looking for input and direction from the City Council regarding whether the Scenic Enterprises site should-:P*�.*�jpiu. * ...... sidered for a central park/community center. After further presentation, inclUdmp,-,..*".'kW`:" property, there were questions and discussion by the City Council. EAGAN SPECIAL CITY COUNCIL MEETING; JUNE 25, 1996 PAGE 2 City Councilmember Awada questioned the need for a community center/central park in light of the recent completion of the:: fi W0$V: YM ::and Civic Arena. Mayor Egan made reference to the Central Area Task Fi �6::Study:':& ::,c :-'Oresented by Planner Farnham stating that many of the needs identified irk ;that analysis are different from a community center/civic arena and require a central park envifo"Y"Iinent. City Councilmember Masin stated that she would like a location for the Fourth of July event and discussed the possibility of the McCarthy property as a good site, given its proximity to Patrick Eagan Park and the Municipal Center Complex. Mayor Egan stated that he would like the City to continue its site location for a central park to fulfill a location for the various corunity-wide events. City Councilmembers discussed the Fourth of July fireworks and raised::gtiestions: bout setbacks and which area would best serve that community -wide event. Directoi: of Parks: i3nd Recreation Vraa stated that the City Council needs a vision for the central park ani:the visivia: can be analyzed with programs applied to each park location. Mayor Egan also stated:.Th'at-jIm:Japi-::rzosit is an'issue. City Councilmembers provided direction to the APRNRC-::l y:::stating:::tl e::10` ,ion should be central to everything, including the Art Festival; fireworks, parade and should also include plans for such amenities as a swimming pool, whiter skating, amphitheater, band shelter and other recreational facilities. After further discussion, direction was given to:::the Advisory Parks, Recreation, and Natural Resources Commission to review programS:iid:::analyze locations to determine which area within the City is most suitable fi9r.:.A:P ::pack. WATER QUALITY -MANAGEMENT PLAN The City Administrator introduced the Water -'Q h—ty Management Plan stating that there was a review at a joint meeting of the City Council and APRNRC ori November 28, 1995. He stated that the directive issued by the City Council was that a draft lawn chemical ordinance be indefinitely postponed for adoption and the APRNRC should proceed with drafting a wetland buffer ordinance. Rich Brasch, Water Resource Coordinator, appeared and stated there were four (4) recommendations for changes in tl::yaer Quality:: -Management Program as a result of the programmatic review and they were.�a:.f6lt6tz $::-:R-eivommendation No. 1 identified six (6) water bodies to be reclassified; Recommer tion Nci::'provided a criterion for rehabilitation potential that includes a ranking system:::::to establish long-term lake enhancement priorities; Recommendation No. 3 stated thai4he ac�.�:ftir an ordinance to address regulation of lawn chemical use should be reviewed peni.01tO d a t.a :wetland buffer ordinance be drafted for consideration by the City Council. He further reviewed Recommendation No. 4 which provided for policy statements that reclassify water bodies, the management of aquatic weeds, especially exotics and finally neighborhood request for assistance in improving water quality in ponds with no public access. City Administrator Hedges shat i that in .flie':absence of City Councilmember Wachter, he asked that a statement be shared'v' which is a stroni..'4ecommendation to adopt an ordinance regarding the regulation of lawn cheihical use that would:eliminate phosphorous and mitigate the EAGAN SPECIAL CITY COUNCIL MEETING; JUNE 25, 1996 PAGE 3 runoff into ponds, lakes and wetlaM�**: City Councilmember Awada stated that she is in agreement with City Councilmember Wkichter regarding such an ordinance. City Councilmember Masin stated that a full ban would be; -`&M- c1*01t:Aty to enforce. She further stated that it W would be necessary to educate all rlrs 4ial sell::Achilizer and asked what would prevent residents from purchasing fertilizer "Ih phosphorous in other communities. After further discussion, there was Council concurrence on all four (4) recommendations as presented by Water Quality Resource Coordinator Brasch with the exception that there is a need to further coordinate the education level for regulation of lawn chemical use as identified in Recommendation No. 3. COMPREHENSIVE TRANgPORTAUON POLICY/DAKOTA COUNTY City Administrator Hedges sWed::#mv:Dakota..--County is in the process of preparing a ... .......... Comprehensive Transportation Polk adopted within the next six to nine months. He stated that .'the systems portion of the plan will provide a review of existing demographics and travel conditions, forecast the future travel demand, identification of needed transportation improvements and an implementation schedule for a Five -Year CIP. He further stated that the Dakota County Managers Group, for which he is the Chairperson, has reviewed the Transportation Policy with the Physical Dim!p'pmei Department of Dakota County. Director of Public Works memo he prepared that summarizes the policies that were included in the Trans significant to the City of Eagan. .P61icy and are signif Director of Public Works Colbert: proposals. The City Councilmembers expressed concern about the ftindft-:: Octance on the part of the County and Mn/DOT for transportation improvements. Director of 'Public Works "also discussed the Tax Increment Financing stating that the City should reserve this method of financing its share of County road projects rather,'.'than being applied first before the City/County 45155 split is determined. He further reviewed design, construction, right-of-way, functional classification and jurisdictional classification which relatem-0:'the turnback-of County roads to municipalities. City Councilmembers expressed concern,policy, and more specifically, the ordinance proposing that the Cou*`.:::right-6f=w.iy, as designated in the policy, is the only alternative which provides no flexibility to y Cit planning and economic development. Mayor -- Egan expressed some concerns aboUT.. e. :poli .*-'y*--'.4 presented for those reasons. . . . . . . . . . . Director of Public Works Colbert reviewed* other parts of the plan including transit, bikeways and pedestrian, land use and finally, operations and maintenance. City Councilmembers had specifically discussed the County -wide bikeway and regional trail system. Director of Public Works Colbert stated that the proposed pqJigy:-p1gn does not address pedestrian crosswalks on County roads. The City staff is recowM*en 69: 6::.C. ounty incorporate basic elements of the City's recently adopted crosswalk '1` "to providd--U.'t:: the safe interaction of pedestrians and County road traffic. EAGAN SPECIAL CITY COUNCIL MEETING; JUNE 25,.1996 PAGE 4 City Councilmember Masin stated that if there are any concerns regarding transit she will discuss the same with the MVTA Bt kits. After a one (1) hour review' tj a "."t"Itty Transportation Policy/Systems Plan, policies as presented, but expressed Mayor Egan expressed his cone oi some po appreciation to the City staff for e'::Isuggestions and policy analysis. OTHER BUSINESS Mayor Egan stated that the Mayors of Apple Valley, Burnsville and Lakeville have been meeting and, at their most recent *ting at the City of Eagan, proposed a joint City Council meeting for a Wednesday '.V'ening A ugust to discuss common issues, such as the tn:: Economic Development Partnership:d taxes. The City Administrator was asked to follow up on the specific date with'the ld'Valley City Administrator Mayor Egan extended a welconle to approximately twenty (20) elected officials and members of Dakota County and City of Eagan staff that were present to share in a special issues forum. He further introduced City Councilmember.,Kiltin who provided an introduction and facilitated the meeting. Shari Prest, Chairperson aprirsentation entitled "A Community Strategy" emphasizing collaboration and coo0tiWft.-..:.a=.4gst local jurisdictions. Dakota County Commissioner Patrice Bataglia also made a p-'r%d'S'6'n-t4',-40ft:pn Healthy Communities, a special task force that she chairs made up of many disciplines- throughout Dakota County. The County Attorney, Jim Backstrom, presented good information data on the court system which was followed by presentations from Ken Vraa, Director of Parks and Recreation on the Wescott Square Townhome Youth C6ordinator experience and gangs in suburbia by Police Chief Pat Geagan. .... There was open dialogue aW�:if appk',6'4fiW6Ty9:30 p.m. City Councilmember Masin thanked everyone for their interacti6ff -'and pAc"ipation. She stated that a questionnaire will be prepared and mailed to each partici�abt. The meeting was adJoumed::&-`5'.-M`P . ...... TLH Date .... ... City Clerk Agenda Information Memo July 16, 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. Clerical Tech II - Receptionist/Maintenance Facility ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended as a full-time Clerical Tech II - Receptionist at the Eagan; Maintenance Facility. FACTS: Interviews to select a person to fill the vacant Clerical Tech II - Receptionist position at the Maintenance Facility° will be held on Monday, July 15, 1996. Interviews will be conducted by Superintendent of Streets Erhart, Office Supervisor Bailey and Assistant to the City Administrator Duffy. If a choice is made and references are able to the checked prior to the July 16 Council meeting, a name will be furnished to the Council at the meeting as a person recommended to be hired. However, this may not be possible. If it is not possible, staff is requesting that at the July 16 meeting the Council approve a person to be recommended because of the long three-week period between Council meetings. Item 2. Utility Maintenance Worker ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended as a full-time Utility Maintenance Worker. FACTS: Interviews to fill the vacant Utility Maintenance Worker position will be held on Thursday, July 18, 1996. Interviews will be conducted by Superintendent of Utilities Schwanz, Water Production Technician/Supervisor Chell and Assistant to the City Administrator Duffy. Because of the three-week break between Council meetings, staff is requesting that at the July 16 Council meeting the Council approve the hiring of a person to be recommended. Agenda Information Memo July 16, 1996 Eagan City Council Meeting Item 3. Seasonal Pre -School Instructor ACTION TO BE CONSIDERED: To approve the hiring of Judy Forde as a part-time summer seasonal Pre-school Instructor. Item 4. Resignation/Police Officer ACTION TO BE CONSIDERED: To accept the letter of resignation of Police Officer John King. ATTACHMENT: Attached on page is a copy of the letter of resignation of Police Officer John King. July 5th, 1996 Chief Pat Geagan Eagan Police Department 3830 Pilot Knob Road Eagan, MN 55122 Dear Chief Geagan: With deep regret and some excitement, I must resign as patrol officer, effective July 24, 1996. As you know, I have plan to marry in November of this year. I will be relocating to Georgia, with hopes of continuing my law enforcement career there. This is an opportunity I cannot overlook. The encouragement I have received from you and your staff during the past two years has allowed me to grow in my responsibilities and capabilities. Chief, I truly thank you for the opportunity. .z I value the experience I have received at the Eagan Police Department. I'm confident that it will be very helpful to me in the future. VSince , ohn King 0 Agenda Information Memo July 16, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve change orders in the amount of $2,540.57 for the Municipal Center Expansion Project as presented. FACTS: ■ Staff and the construction manager are working with building contractors to complete warranty items and close out paper work on change orders. In addition to those before the Council at this time, there are three firms with change orders outstanding. Staff and the construction manager have spoken with each and expect to receive executed paper work in the near future. At that point, the construction project will be closed out. ATTACHMENTS: ■ Staff memorandum on page. city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: JULY 10, 1996 SUBJECT: MUNICIPAL CENTER EXPANSION CHANGE ORDERS MEMO The City is in receipt of three change orders for the municipal center remodeling resulting in a net credit $2,540.57. The changes are described below: 1. Romark Inc. - Change Order #5/pco #76 Add butterfly valves to permit future connection between heating systems at request of Building Maintenance, revise air handler (AHU2) to accomodate preexisting conditions and backcharge for masonry infill - $2,170.57. 2. Romark Inc. - Change Order #7/pco #97 - Modifications of lobby HVAC in remodeled area - $200.00. 3. Haldeman -Homme - Change Order #4/pco #113 - Modifications of lobby receptionist desk to permit reduction of countertop cost from other vendor - $170.00. These changes have been reviewed in detail by the consultants and staff. if any Council member wishes additional information, please let me know. jo Agenda Information Memo July 2, 1996 Eagan City Council Meeting CONSENT AGENDA ACTION TO BE CONSIDERED: To approve a request from Opus to reallocate the special assessments on the Eagan Promenade Shopping Center development. FACTS: • The City has executed a development contract with Opus which contains a special assessment allocation to eleven (11) lots and one (1) outlot. • Opus now desiiies to reallocate the assessments to change the tax burden shifting more responsibility to the larger shopping center parcel. • Staff has reviewed the request and is satisfied that no parcel will be unreasonably burdened with special assessments. ATTACHMENTS: • On page �� is a copy of the letter from Opus explaining the request. I t� ON OPUS. June 13, 1996 Mr. Jerry Wobschall City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Opus Northwest, L.LL 700 Opus Center 9900 Bren Road East Minnetonka, Minnesota 55343-9600 612-936-4600 Mailing Address PO Box 59110 Minneapolis, Minnesota 55459.0110 Fax 612.936.4529 RE: EAGAN PROMENADE SHOPPING CENTER DEVELOPMENT YANKEE DOODLE ROAD AND 1-35E Dear Jerry: The intent of this letter is to request an amendment to our existing Developer's Agreement with the City of Eagan. The change in the document we are requesting relates to the allocation of the special assessments for the property. As we discussed, I would like to request that the proposed special assessments for this development be re- allocated as outlined below. The re -allocation of the assessments will reduce the tax burden for the smaller parcels and will become an 6btigation for the larger shopping center parcel (Lot 8, Block 2). Parcel Net Area (s.f.) Proposed allocation of Assessments by Opus Lot 1, Block 1 43,142 $17,000 (-30,988 difference) Lot 1, Block 2 114,725 $43,200 (-84,411 difference) Lot 2, Block 2 58,865 $21,600 (43,877 difference) Lot 3, Block 2 92,195 $36,000 (-66,551 difference) Lot 4, Block 2 85,090 $31,200 (-63,447 difference) Lot 5, Block 2 91,339 $36,000 (-65,598 difference) Lot 6, Block 2 120,246 $44,200 (-89,552 difference) Lot 7, Block 2 47,272 $17,280 (-35,301 difference) Lot 8, Block 2 1,278,810 $1,902,173 (+479,725 difference) Lot 9, Block 2 297,974 $331,443 (No Change) Lot 1, Block 3 307,573 $342,120 (No Change) Outlot B 1,090,307 $1,212,772 (No Change) I appreciate your consideration of these requests. The above -referenced allocation will allow us to successfully market the small parcels to various attractive users who would otherwise find it difficult to operate at this location due to the high level of taxes and assessments. We feel that the larger shopping center property can better handle this burden due to the number of tenants who will be a part of the center and their willingness to pay a portion of those assessments under the terms of their lease agreements. I appreciate your consideration of this request. If you have any questions, please don't hesitate to give me a call. Sincerely, Jay M. Scott Director Real Estate Development IMS:hah Opus Nnrthwest. L L C is an affiliate of the Opus group of companies—Architect. Contraclnrs. DevplopPrs !i t a���lr�r+.•1••• f.Uwankprt• ti4lnnoapnik. Olianrin, Pensarn!a Plvinnn i.lrr,r•,pnln_':.r• rr vlr �•�n G' Nl1r. lamp-) W.111m,11ra+ n r, Agenda Information Memo July 2, 1996 Eagan City Council Meeting CONSENT AGENDA W I 1 9 N I 9 11 tNWiIke 11111g 11 Bocce.]1 a ';1'1_ 1 ACTION TO BE CONSIDERED: To approve resolution requesting Dakota County Treasurer -Auditor to include notice of proposed transit tax on parcel specific tax notice. FACTS: At the June 18, 1996, City Council meeting a resolution was approved which states that Eagan will be levying a transit tax payable in 1997. The statute providing for the opt -out transit tax levy contains a provision for payable in 1997 that truth in taxation notices may include a statement of the amount by which City taxes are increasing due to this increase in the City levy for transit. The statement also notes that the Metropolitan Council tax has decreased by a similar amount. Best & Flanagan, attorneys for the MVTA, have prepared a resolution making this request to County Auditors and is suggesting that member cities approve it and forward the resolution to their County Auditors. ATTACHMENTS: l • A copy of the proposed resolution is enclosed on page tet' 1-5 RESOLU'rTION NO. 96 - CITY OF EAGAN REQUESTING DAKOTA COUNTY TREASURER -AUDITOR TO INCLUDE NOTICE OF PROPOSED TRANSIT TAX ON PARCEL SPECIFIC TAX NOTICES WHEREAS, the City of Eagan has elected to levy the transit tax for the tax year payable 1997, pursuant to Minn. Stat. §473.388, subd. 7; WHEREAS, for taxes payable in 1997, the City may request that the County Auditor provide a statement on parcel specific notices of proposed property taxes of the amount by which the City's proposed tax increase is attributable to its exercise of the option to levy the transit tax, together with a statement that the levy of the Metropolitan Council was decreased by a similar amount. NOW, THEREFORE, BE IT RESOLVED that the City of Eagan approves the request to the Dakota County. Treasurer -Auditor to include a statement on parcel specific property tax notices for property within the City as follows: The City's proposed tax for 1997 includes an amount of for transit services under a local levy option. The proposed tax limit of Metropolitan Council for 1997 (under Metro. Spec. Tax Dists. below) has decreased by a similar amount as a result of the City's option. City staff is directed to submit the request to the Dakota County Treasurer -Auditor. ADOPTED by the City of Eagan this 16th day of July, 1996. ATTEST: City Clerk I q Mayor Agenda Information Memo July 16, 1996 Eagan City Council Meeting . �:.. /Do 11 alai W41,. a� ACTION TO BE CONSIDERED: To approve or deny a resolution regarding a negative declaration of the need for an Environmental Impact Statement for RiverPark Office Park. FACTS: A mandatory Environmental Assessment Worksheet is required via the Minnesota Environmental Review Program for an office development as large as the RiverPark project proposed by Blue Cross Blue Shield Corporation of Minnesota. This project is on approximately 52 adzes located generally south of Yankee Doodle Road and west of Yankee Drive. The City of Eagan is the responsible governmental unit (RGU). An EAW was prepared for the project and circulated for review in accordance with the rules of the .Minnesota Environmental Quality Board (EQB). The thirty -day comment period was noticed as required and ended on June 19, 1996. Under the rules, the City must make findings and a decision regarding the need for an Environmental Impact Statement (EIS) within thirty days after the comment period ends. • During the comment period, written comments were received from several agencies on the EAW distribution list. Copies of the responses to the comments are included as an appendix to the draft Record of Decision. The draft Record of Decision reviews the findings of fact with regard to the potential environmental impacts and the criteria used in determining that an EIS is not necessary for the proposed project. BACKGROUND/ATTACHMENTS: (3) Staff memo dated 07/03/96 on pages through Resolution regarding negative declaration on page Draft Record of Decision (under separate cover) MEMO — city of eagan TO: MAYOR TOM EGAN AND CITY COUNCIL MEMBERS TOM HEDGES, CITY ADMINISTRATOR FROM: MIKE RIDLEY, SENIOR PLANNER DATE: JULY 5, 1996 SUBJECT: RIVERPARK OFFICE PARK EAW Summary of Request For the proposed Riv6rPark Office Park development, it is appropriate for the City Council to consider action on the following environmental review at this time: an Environmental Assessment Worksheet (EAW) declaration made in compliance with the Minnesota Environmental Review Program. Background of the EAW A mandatory EAW is required via the Minnesota Environmental Review Program for an office development as large as the RiverPark Office Park project proposed by Blue Cross Blue Shield of Minnesota. This project is located on approximately 52 acres, generally south of Yankee Doodle Road and west of Yankee Drive. The City of Eagan is the responsible governmental snit (RGU). Under the City's direction, an EAW was prepared for the project by SRF Consulting and circulated through the required agencies for review in accordance with the rules of the Minnesota Environmental Quality Board (EQB). Copies of the EAW were made available to the general public at the Wescott Library and at City offices. A press release was published in the Dakota County Tribune regarding the availability of the EAW for review. The thirty -day comment period was noticed as required in the EQB Monitor and ended on June 19, 1996. Under the rules, the RGU must make their findings and decision regarding the EAW within thirty days after the comment period ends. Therefore, action prior to July 19, 1996 is required by the City. Overview of EAW Findings The EQW reviewed the potential environmental impacts of the proposed project. Those findings are summarized in the Record of Decision included in the Council packet under IG July 5, 1996 Page two separate cover. The most significant impacts include traffic. In response to anticipated impacts to traffic, several planned roadway improvements will help to accommodate traffic that will be generated by the proposed development, as well as existing traffic and other anticipated developments in the area. The proposed improvements include the extension of Kennebec Drive from Blackhawk Road to the RiverPark site and an upgrade of the Trunk Highway 13 and Blackhawk Road intersection, including the addition of a semaphore and the extension of the right -tum lane for eastbound Yankee Doodle Road west of T.H. 13. With completion of these planned roadway improvements, the level of service on adjacent intersections will be improved. The improvements identified in the EAW as needed presently are necessary to relieve existing congestion at T.H. 13 and Blackhawk Road and to avoid adverse traffic conditions on the adjacent roadway system at the other points mentioned previously. EAW Comments Received During the comment period, letters were received from the following organizations: Minnesota Department of Natural Resources, Minnesota Historical Society, Minnesota Department of Health,`Minnesota Pollution Control Agency, and the Metropolitan Council. Decision Regarding the Need for an Environmental Impact Statement (EIS) The draft Record of Decision outlines in detail the criteria used in staffs recommendation that an EIS is not necessary for the RiverPark Office Park project. The cumulative potential effects of the related or anticipated future development of the existing related or anticipated future development in the area have been included in the analysis prepared for these planning studies. All required permits and approvals from regulatory agencies have been identified and will be followed up by the City and Blue Cross Blue Shield of Minnesota at the appropriate time in the approval process. The proposed project did not have any extraordinary environmental impacts that cannot be mitigated adequately through the previously identified infrastructure improvements and the careful project design; therefore, more detailed environmental review via an EIS is not necessary for this project. Action To Be Considered Consideration of the following actions is in order at this time: To approve or deny a resolution regarding a negative declaration of a need for an Environmental Impact Statement for RiverPark Office Park. Senior Planner 1 MR/mg l00-1 RESOLUTION NO. 96- A RESOLUTION REGARDING NEGATIVE DECLARATION OF NEED FOR AN EIS RIVERPARK OFFICE PARK WHEREAS, the City Council of the City of Eagan is the official governing body of the City of Eagan; and WHEREAS, pursuant to the rules of the MN Environmental Review Program, the City of Eagan has submitted an Environmental Assessment Worksheet (EAW) for the proposed Riverpark Office Park, generally located in the south one-half of Section 8, Township 27N, Range 23W, and the north one-half of Section 17, Township 27N, Range 23W, Eagan, MN to the Environmental Quality Board (EQB) and to members on the MN Environmental Review Program distribution list for a 30 -day review period; and WHEREAS, during this comment period, comments were received from the following organizations: MN Department of Health; MN Department of Natural Resources; MN Historical Society; Metropolitan Council; and MN Pollution Control Agency; and WHEREAS, based upon the record established by the EAW documents and comments received, the City Council of the City of Eagan finds the following: 1. The EAW docurpent serves to identify the potential for significant adverse environmental effects. 2. The EAW document establishes that no significant adverse or irreversible environmental impacts can be anticipated from the proposed project. 3. The EAW document establishes that no cumulative effects beyond those analyzed are anticipated. 4. The EAW document identifies mitigative measures which will be used to alleviate possible impacts and indicates that mitigation of possible impacts will be required as a part of permit action by the City, U.S. Army Corps of Engineers, MN Department of Transportation, MN Department of Health, Lower Minnesota Watershed District, and MN Pollution Control Agency. 5. There were no comments or other evidence received regarding the project that would introduce or identify any unanticipated adverse environmental effects which would warrant the preparation of an Environmental Impact Statement (EIS). NOW THEREFORE BE IT RESOLVED that the City Council of the City of Eagan finds no potential for significant environmental effect for the Riverpark Office Park development proposed by Blue Cross Blue Shield of Minnesota adopts the findings of fact as stated in the draft record of decision (dated 07/01/96) and makes a negative declaration with regard to the need for preparation of an EIS. Passed and adopted this day of '1996. Mayor ATTEST: 18 riverpar.eis Agenda Information Memo July 16, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve a resolution exempting the National Kidney Foundation of the Upper Midwest, Inc., from a lawful gambling license. ATTACHMENTS: w Attached on page OCL/ is a copy of the resolution exempting the National Kidney Foundation from lawful gambling license. * Attached without page number is a copy of the application. RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE WHEREAS, National Kidney Foundation of the Upper Midwest, Inc. has applied for an exemption from Lawful Gambling License; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling License for National Kidney Foundation of the Upper Midwest, Inc. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: July 16, 1996 I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 16th day of July, 1996. E. J. VanOverbeke, City Clerk City of Eagan r� Agenda Information Item July 16, 1996 Eagan City Council Meeting G. PRELIMINARY PLANNED DEVELOPMENT - EASTER LUTHERAN CHURCH ACTION TO BE CONSIDERED: ► To approve or deny the Preliminary Planned Development Agreement for Easter Lutheran Church. FACTS: ► Easter Lutheran Church Comprehensive Guide Plan and Preliminary Planned Development were approved at the September 20, 1995 City Council Meeting. No, At the September 20, 1995 City Council the Council directed that the planned development be brought back on the consent agenda following Met Council approval. ► The Met Council approved the Comprehensive Guide Plan Amendment and the resolution was approved November 6, 1995 by the City Council. ► A Planned Development Agreement has been drafted by staff and executed by the developer, so City Council action is in order. ISSUES: ► A condition of the Planned Development was that the Phase I shall commence by January 1, 1997. ► At this time the church would like to clarify (see attached letter) what was meant by Phase I commencing by January 1, 1997. Capital fundraising is the first step of Phase I for this project. This has begun and is estimated to continue through the spring of 1998. The church would like to clarify that Phase I was never intended to mean construction commencing January 1, 1997. It is the church's intention at this time to eliminate any misunderstanding about the timing of Phase I. ATTACHMENTS: (2) Letter from James P. Borgsc tz Pastor Easter Lutheran Church - paged Development Map - page . a� Faster Lutheran Church James P. Borgschatz, Pastor Thomas H. Johnson, Pastor July 1, 1996 Honorable Mayor and City Council: 4200 Pilot Knob Road Eagan, MN 55122-1822 (612) 452-3680 Last fall we received your approval of our proposed long term use of the property on the northwest corner of Cliff and Pilot Knob Roads which we call our Thomas Lake site. We outlined a long term proposal in which we could build a facility of up to 75,000 + square feet and the necessary support parking not to exceed 35% hard surface coverage. Because of the costs involved we proposed a three phase process. The minutes of the City Council show that our proposal was to be commenced "by January 1, 1997." If you recall, we indicated that the first part of the first phase of our process for development was to conduct a capital fund raising campaign at the church. The amount of money pledged by our congregation would dictate (in part) the speed with which we could proceed. Between January of this year and this date we have conducted a two-year capital campaign that we have called a bridge campaign that will provide the funding to allow us to continue architectural planning (and other planning activities including platting) in preparation for possible construction in the summer of 1998 (again dependent upon fund raising). The full results of our recent campaign are still not complete (we are expecting about 60 to 90 more responses). The total dollars pledged to date have approached about 40% of our total goal. That means we must move slower rather than faster. We are still sorting out what this response means in terms of how best to pursue our long term goals. What this means at this time is that we will spend the balance of 1996 in committee and program planning, 1997 in the development of a master architectural plan" followed by platting, followed by still another capital funding campaign in the spring of 1998. We wanted to bring this to your attention because of the language of the Preliminary Planned Development Agreement and minutes of previous meetings stipulating a "January 1, 1997" commencement date. We interpret our progress toward the development goal as having begun with fund raising this year. In addition this spring we planted 1,000 seedlings on the Thomas Lake property to demonstrate our long term intentions and our commitment to provide an environmentally pleasing outcome. If there is a problem with regard to our understanding of our status toward the goal of development, please let us know. We certainly don't want any misunderstandings. We also seek your advice and counsel regarding the meaning of the January 1, 1997 language as to whether it is adequate or should be revised to prevent misunderstanding. Sincerely, James P. Borgschatz, Pastor Gary Ehref, Chair of Facilities Planning EXHIBIT B HARD COVIR Sill tires (99 AMMI All.:" MII.L &6 IMWVWM AM 147340 SpqA Pw=ws bwwvmmm PARKING 0 I ,pen,,, "m 10 ft" Aimpipi, 2.7 1 % wamTwmrarw ruwr omtr bm-c T.H 0 VENOM ........... .... iiiiiiiiji GIN Ips lip -now ISSM ummum Pon" "a 111 L M; Am..r. rr 4cj tram- Oadirsur 11. sels. :'..r%• x a a T a CONCM PLAN SO EASTER LUTHERAN CHURCH 4w1w .O. Thazzas 14 M- 1ce site : Eagan, Minnesota ;b� 713 SAG loom Agenda Information Memo July 16, 1996 Eagan City Council Meeting H. AMENDMENT TO THE DEVELOPMENT CONTRACT AND EXTENSION OF RECORDING FOR GALAXIE CLIFF ADDITION NO. 1 ACTION TO BE CONSIDERED: ► To approve or deny an amendment to the Development Contract for Galaxie Cliff Addition No. 1 (KinderCare) to extend the completion dates for developer improvements and postpone collection of the water quality fee until issuance of a building permit. ► To approve or deny an extension of recording of the final plat for Galaxie Cliff Addition No. 1 until August 24, 1996. FACTS: The City Council approved a Final Subdivision for Galaxie Cliff Addition No. 1 (KinderCare) on May 20, 1996. The subdivision consists of one lot on 3 acres of property locate'd off Plaza Drive at the SW intersection of Cliff Road and Galaxie Ave in the NW 1/4 of Section 2. ► The property owner (KinderCare) has requested an extension of one year on the developer improvement completion dates listed on page 4 of the Development Contract. ► The property owner has also requested that payment of water quality fees ($14,875) be postponed until issuance of a building permit. The City's Water Quality Coordinator does not have any concerns with this request. ► If this amendment is approved, the Development Contract will be revised accordingly and scheduled for execution by the City Council prior to August 24, 1996. ATTACHMENTS: ► Letter from Gray Greiner (KinderCare) dated July 8, 1996 P• - �� _•� ► Galaxie Cliff Addition No. 1 Development Agreement - pages 4 and 11 as 7-438-1996 8:34AM XffiderCare• FROM KCLVDIU3 4045784240 1:11r.r.r.—WorT.-M - .. 1 8, 1996 City Of Eagan Pilot Knob Rd. ", -'--Ba&an Nn. 55122 -Attn: Julie Farnham 650 LeGray Dlivc MWeU GA 30068 770-578A232 770.977.2806 Fax Request for City Cotihell waiver of water quality fee and extension of dates. KinderCare Galv_xii'Cliff Addition No. 1 F Dear Mo. Farnham: requesting the following two changes to the Development Contract between The City of Eagan and KinderCare Real Estate Corp, dated May 20s 1996. 1 would ---like 'the Eagan City Council to Amend the Development Contract to include the following: `A'''"First, t I would like to have the contract completion dates stated on page 4 ...of the agreement to be amended to reflect new dates, one year from those currently shown. i�_nSecond, I would like to have j page 11 #N , amended to waive the Water Quality fee of $14,875.00 until the issuance of a building permit and releasing the plat.forrecordation by.-tbe original date of July 22,1996. —Thank you for your time and consideratiou. Please call we with any questions that may arise. ner I Construction Manager cc )fee Henger Billy Bowdon I---- 01's P. 2 4045784240 07-08-96 07:35AM P002 #14 '( - E C.R.IFF completed in accordance with approved plans and specifications on file in the office of the jzequfsTio4 Public Works Department, which are hereby made a part of this Contract, as follows: C+OW of VA,J% T� ITEM COMPLETION DATE Erosion & Sediment Control Measures .............................. April 15, 1996 Site Grading....................................................................... June 30, 1996 Subdivision Monuments ................. May 15, 1997 Utilities (sanitary, water, storm sewer) .............................. June 30, 1996 Parking Lot (Concrete curb & gutter, gravel base, and blacktop).................................................................. August 15, 1996 Boulevard Restoration.......................................................September 15, 1996 JkAL ;P,Aq1 J15 I Rib Sol 10111 7 except as this period of time is extended by resolution of the City Council. It is understood and agreed that failure of the City to promptly take action to enforce this Contract after expiration of time in Much the work is to be completed, will not waive or release any rights of the City, and the City can take action at any time thereafter and that the terms of the Contract shall be deemed to be automatically extended until such time as the City elects by appropriate resolution of its Council to declare the Developer in default hereunder pursuant to the provisions of paragraph 11, "Default by Developer". A. Streets -and Trails. The Developer shall grade all boulevards, driveways, trailways, if any, and other lands as established in the grading plan to City approved grades and cross sections, the maximum grade of publicly dedicated right-of-way shall not exceed eight percent (8°10), with required backslopes to be performed outside of the public right-of-way at a maximum slope of 3:1 as required by the City Public Works Department and the City specifications (see Chapter 13 of City Code of the City as amended to date hereoO, n r gVe n ,rte T 6 &e -T lid-l�� P��� t''Ct oN �`�° • l M�"'� �3 Payment shall be made to the City prior to the issuance of a building permit for any improvement on the plat. or trailways. Further the Developer shall: i. Prohibit the burial of construction debris in dedication park land ii. Prohibit the storage of heavy construction equipment upon dedicated park land or trailways unless expressly permitted by the City. iii. Notify the Parks and Recreation Department within 72 hours of the completion of the -establishment of all property line monumentations adjacent to dedicated or existing park land to allow the City the opportunity to identify the park boundary lines. Failure to notify the City within this time period or perform this lot comer monumentation prior to building permit issuance for affected lots will obligate the Developer to pay for any surveying costs incurred by the City to establish these boundaries. N. Water_ Qualily Requirements. This development will be subject to a jV awl water quality dedication based on actual impervious coverage of 28.7% of the entire platted " it iq AAAA6C area and commercial dedication rates. The amount of the cash payment is $14,875.00. This O/Mamount shall be paid to the City prior to the release of the plat for recording. An ungraded buffer zone at least 10 feet in width measured back from the delineated edge of the wetland shall be left undisturbed around all wetlands on the site. No filling or draining of wetlands is allowed. 11 C� 7 Agenda Information Memo July 16, 1996 LIND I1►1 ACTIONS TO BE CONSIDERED: To approve a Final Planned Development and Final Subdivision for Precision Tune First Addition. FACTS: The Final Planned Development Agreement and Development Contract are signed and in order for execution at the regular City Council meeting on July 16, 1996. ISSUES: The City Council approval of the PD amendment was contingent upon the Council's authorization of the vacation of a portion of the drainage and utility easement along the south property line. The vacation of that easement is being considered in the public hearings portion of the City Council agenda. The Final Planned Development and Final Subdivision should be removed from the consent agenda to be acted upon after the public hearing on the easement vacation is held and action taken on that item. BACKGROUND/ATTACHMENTS: Plat Map page �. Agenda Information Memo July 16, 1996 Eagan City Council Meeting W111111111111111 =2 A/ . U ACTION TO BE CONSIDERED: To approve or deny a request for a 90 -day extension for recording the Deerwood Townhomes 2nd Addition Final Subdivision located north of Deerwood Drive and east of I -35E. FACTS: The Final Subdivision for Deerwood Townhomes 2nd Addition was approved on February 6, 1996. On April 16, 1996(3ood Value Homes received a 90 -day extension for recording the Deerwood Townhomes 2nd Addition plat. Due to title issues involving the State of Minnesota and Dakota County, a second 90 -day extension is necessary. BACKGROUINUATTACHMENTS: (2) July 8, 1996 Letter from John R. Peterson, Good Value Homes, page3 Deerwood Townhomes 2nd Addition Development Contract Exhibit, page 3 2 3c) A JLL-0B-096 13:46 FROM 612 755 9793 M 6e14612 P.01 My 8, 1996 M. 10e, RicUey. -Senior Planner City Of.Eagin 300 not Knob Road Eagan; i&q 55121 Re: D%wrwood Townhomes 2nd Addition DeAr W Ridley, Ms letter is to request a 90 day extension to the final Plat appuval preidously granted for the Deerwood Townhomes 2nd Addition. The fide Issues which involved the State of Minnesota took much longer to c=d than we anticipated. 'They are now resolved but we are presently in the final stages of the County approval. The extension requested herein is intended to make sure we have adequate time to complete the County'review process. . Peterson idem I 944EE&AMver-RoadN.W. • Minneapolis MNSSM • Phnefti-M&MB • IW 629.75&6947 • )&nn'akDtaBnfld4w#j6W R-95% 312 755 6207 07-08-96 01:48PM FOOI #23 T wL !d • 0 O of s r 1 — !d • 0 O r. w r — — !d • 0 O r. Will r {. ! rn mwd 1 `141h m Old YM A a.= pmv- dww M LMWwpI nsuu If ,• Agenda Information Memo July 2, 1996 Eagan City Council Meeting CONSENT AGENDA ACTION TO BE CONSIDERED: . To receive bids for fitriiishing all equipment and installation of four (4) outdoor warning sirens, award the contract to the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. FACTS: One bid was received from Federal Signal Corporation in the amount of $59,212.00. 33 Agenda Information Memo July 16, 1996 L. CONTRACT 94-17. RED PINE LANE ACTION FOR COUNCIL CONSIDERATION: To acknowledge completion of Contract 94-17 (Red Pine Lane - Streets & Utilities), authorize the 8th and final payment to Ryan Contracting and authorize perpetual maintenance subject to appropriate warranty provisions. FACTS: The installation of public streets and utilities under the above -referenced City contract has been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action of final payment and authorization for perpetual City maintenance. Agenda Information Memo July 16, 1996 M. PROJECT 638R. YANKEE DOODLE RD ACTION FOR COUNCIL CONSIDERATION: To receive the final assessment roll for Project 638R (Yankee Doodle Road - Streets & Utilities) and schedule a public hearing to be held on August 20, 1996. FACTS: • Project 638R provided for the upgrading of County Road 28 (Yankee Doodle Road) from a rural 24ane County road to a 4 -lane divided road with trailways on both sides from Lexington Avenue to TH 149. • This improvement was performed under the contracting authority of Dakota County through a cost participation agreement with the City of Eagan . • All costs associated with this project have been identified and a final assessment roll has been prepared. This roll is being presented to the City Council for their consideration of scheduling a public hearing to" -formally present the final costs associated with this project to all affected property owners. r Agenda Information Memo July 16,1996 N. CONTRACT 96-13, WOODGATE 2ND & MALLARD PARK 2ND ADDNS ACTION FOR COUNCIL CONSIDERATION: To approve the plans and specifications for Contract 96-13 (Woodgate 2nd & Mallard Park 2nd Addition - Street Reconstruction) and schedule a bid opening to be held at 10:00 a.m., on August 13, 1996. FACTS: On May 20 and July 2, 1996, public hearings were held and a public improvement street reconstruction was subsequently approved for Project 702 (Woodgate Lane 2nd Addition) and Project 703 (Mallard Park 2nd Addition), respectively. Subsequently, the Council authorized the preparation of detailed plans and specifications. These plans have now been completed and are being presented to the City Council for their consideration of authorizing the advertisement for competitive bids. There are no additional easements or public rights-of-way required for these projects. Eagan City Council Meeting July 16,1996 CONSENT AGENDA To approve Change Order #2 for the Eagan Civic Arena in the amount of $11,418.00. Staff has been working with the Civic Arena contractor to clear remaining items and issues prior to closing out the Civic Arena project. The following change items have been reviewed by the architect and staff who have found sufficient documentation to warrant a recommendation for approval. 1. Handrail and quadrail at handicap ramps A change in the interpretation of the requirements for rails for handicap ramps necessitated a change in the rails. 2. Ticket counter relocation: new counter top and window. It became apparent during construction that the tickettoff ice space needed changing because of traffic patterns and visibility to the entrance. 3. Stub out lawn irrigation through exterior wall. To facilitate the lawn irrigation for the Municipal Center campus. The irrigation system was split into two halves. This reduced overall cost of the irrigation system by reducing pipe sizes and length of runs. 4. Wall faucet in resurfacer room changed to 1" hose connection As designed, the hose connection was too small to provide sufficient volume of water,to the ice resurfacer. S. Fill surface holes in pre -cast wall panels on interior upper level walkways. Construction grade wall panels were specified. These panels are pitted (small holes measuring up to 1/2' in diameter). Given the poor appearance and rough surface in a public area, direction was given to fill these holes. 6. Eliminate below grade waterproofing Change Order # 1 added exit doors on the south end. This change order reflects credit for elimination of waterproofing in the affected area. 7. Install boost transformer for dehumidification The wrong voltage for the dehumidification unit (separate owners contract) was delivered. This could be changed through the installation of a transformer. (This item is being billed back to the supplier.) 8. Install 4 Alex receptacle for scoreboard Electrical service for the donated scoreboard. 57 Add $1,502.00 Add $1,019.00 Add $ 458.00 Add $ 442.00 Add $1,499.00 Deduct (3,420.00) Add $2,310.00 Add $ 190.00 9. Change overhead door track to high lift and operate to jack shaft. Add $1,417.00 The 'large overhead door was found to interfere with the underside of the ceiling which required a change to a different door lift. 10. Relocate opening in concrete block wall of dehumidification room. Add $1,509.00 The steel structural supports for the roof did not match the space required for the duct from the dehumidification room. This required the relocating of the opening. 11. Install steel closure plates at overhead door location to dose off opening in pre -cast panels. Add $1,021.00 With the installation of the three overhead doors, the pre -cast panels wee cut exposing the hollow cores. Steel plates were fabricated and installed to seal them off. 12. Electrical upgrade of feeder conduit to compressor and timeclock for exit lights. Add $1,513.00 Code permits only three 90° bends in the size of conduit servicing the compressor. Because of the location of the compressor and it's electrical panel, a new feed had to be provided. A time clock to control exit lights was added. 13. Provide copper coil in ice melt pit for future. Add $ 328.00 Coils to assist wi'}t ice melting in the snow pit were added for connection to future water heater since the compressor heating was seen as inadequate. 14. Exterior exit lights south and east. Add $2,425.00 With Change Order #1, which provided for the installation of additional exit doors on the south, east side required exit and energy lights. This item covers the additional wiring and fixtures. 15. September/October 1995 electrical consumption at Civic Arena Deduct $( 795.00) Electrical consumption paid by the City of Eagan and being reimbursed by contractor. None TOTAL OF CHANGE ORDER $11,418.00 J � Eagan City Council Meeting July 16, 1996 CONSENT AGENDA P. CIVIC ARENA, Acknowledge Completion/Authorize Final Payment To accept final completion of the Civic Arena from Lund Martin Construction and to make final payment, including retainage, in the amount of $107,369.65. + Lund Martin was the building contractor for the Civic Arena. • The amount of the original contract was $1,314,500. • Change order -additions, including the exterior steps and walkway, added $38,272 for a total contract of $1,352,772. • Lund Martin is responsible for a portion of the electrical expense for the month of September/October, 1995 which was previously paid by the City. That amount is $795 and will be deducted from the final payment. • Final payment, less electrical charge back, is $107,369.65. CONCERNS None ATTACHMENTS None Agenda Information Memo July 16, 1996 Eagan City Council Meeting IYA 61 D3 9 mi MQw-&1 � ► :- :DI 111.1WILU ACTION TO BE CONSIDERED: To approve an off -sale liquor license for Byerly's Beverage, dba Byerly's Wines & Spirits to be located in the Byerly's store at the Eagan Promenade. FACTS: Staff in the Police Department have reviewed the application for the above -referenced license. The application is in order and no reasons have been identified to deny the license at this time. ATTACHMENTS: ■ Application enclosed without page number. ■ Police report enclosed without page number. I D Agcnda Information Mcmo July 16, 1996 Eagan City Council Meeting --- ACTION TO BE CONSIDERED: To approve changes to condition 8c for the Eagandale Corporate Center preliminary subdivision so that the condition reads as follows: "The City will reserve the right to modify the wetland replacement plan based on changes in the Wetland Conservation Act made by the 1996 legislature. Modification can be made only to the extent necessary to accommodate elimination of tree -related impacts associated with up to .8 acres of replacement wetland." FACTS • At its May 15,'-995 meeting, the Eagan City Council approved the wetland replacement plan for the Eagandale Corporate Center preliminary subdivision, subject to several conditions. +� One of those conditions allowed the City to change the wetland replacement plan based on changes in the Wetland Conservation Act (WCA) that were expected as a result of action by the 1995 legislature. The changes allowed were limited to those necessary to preserve an area containing mature oaks that would have been adversely affected as a result of construction of a mitigation wetland. • The 1995 legislature failed to act on the changes before it. • The 1996 legislature succeeded in enacting the anticipated changes in the WCA. �► The wording of the condition needs to be modified to allow the intended changes to the wetland replacement plan based on the 1996 amendments to the WCA. '• The Council continued consideration of this request at its July 2, 1996 meeting because there was no specific re -wording proposed for the condition. BACKGROUND Copy of minutes for the May 15, 1995 City Co cil meeting containing Condition 8c, which would be modified.? 3 i:W3wp\o1dbusbrasch.190 C.l EAGAN CITY COUNCIL MINUTES; MAY 15, 1995 PAGE 17 15. Tree -protective measures *;6::r quired (i.e. 4' polyethylene laminate safety netting) to be Installed at the Drip Line or sf•the perimeter of the Critical Root Zone, whichever is greater, of the significant treeshvoodlartd5;tr3:tie;tQ9presl:: 16. The developer will be requiredJo contact the City Forestry Division at feast five days prior to the issuance of a grading p ' to ensure compliance with the approved Tree Preservation Plan. 17. An individual lot Tree Preservation Plan will be required for Lot 4 of this development at time of gradinouilding permit application. 18. The subdivision shall be plated. Aye: 5 Nay: 0 Mayor Egan welcome :the Old 6buntry Buffet to the community. PRELIMINARY SUBDIY�t #.A Ai!11DA CORPORATE CENTER After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. Some discussion followed concerning proposals for this property. Hunter moved, Masin seconded a motion to approve the preliminary subdivision for Eagandele Corporate Center Addition, in the south half of Section 11, subject to the following conditions: 1. Standard conditions of plat approval A],:$ $ B3, 84, C1, C2, C3, C4, D1, E1, F1, 01 and H1 as adopted by Council actiQr;:riit:Fssua+ 2, 1993. 2. An ISP shall be obtained by. tbQ :BppTcanf; :.WM review and input by the City, prior to City Council action on the final subdfvtSGdri'::=::::•_.._ 3. A variance to allow a 50' minimum depth for escaped yards located across the street from an 'R', W, or "P' District shall be approved by the City Council. 4. Individual lot development plans shall be subject to an administrative site plan review and approval. S. Detailed plans and spedficat£D of}' pccs'staining wall construction shall be submitted prior to City Council action}:'»:the Firta-A'vbiiivision. G. The proposed vacation/exWmion of A!alsin Drive issue shall be resolved prior to City Council action on the Final Subdiv,iin. 7. The %gnabzstion of the Nell A►rinstronq/Gt ff'1Vievii'- Yankee Doodle Road intersection shall be resolved prior to Cary Council action on the final subdivision. S. The wetland replacement plan for the development shall be approved, subject to the following conditions: a. Trees #756, 758, 761:a�titf X70 In -the �tlr�e' Inventory for the site shall be preserved by reorienting Ponds C2Aand:C2B to the nor�nd east. EAGAN CITY COUNCIL MINUTES; MAY 15. 1995 PAGE 16 b. The proposed .8 acre wet6-ii mitigation area due east of DNR Protected Water #1135 shall be relocated to avoid impaefs to oak trees. c. The City will reserve the nu fo4i6W" f end replacement plan based on changes M the Wetland Conservation: act made by the 1995 legislature (which will be known in May 1995). Modification can t� riiade only to the extent necessary to aaxommodate elimination of tree -related impacts aas sted with up to .8 acres of replace"nt wetland. d. No grading shall be allowed within 30 feet of the delineated wetland edge of Wetland Basins A and E. except for up to a total of 450 lineal feet ,along the south end of Wetland Basin A (for road construction) and.gorth end of Wetland Basin E (for detention basin construction). The 30 foot wide area iri8::be mar"ed to support natural vegetation and shun be left unmowed. This area shs$.'be cieariy:-Toarked on both the grading plan and in the field prior to any grading activity. e. At least .5 acres of replapir#lett itl$tsd nt+afi be established as forested wetland through the planting of tree and '>ehivtpecceaitiptibie with seasonaiy► saturated soils. The number and types of trees planted shall be based on those shown on the tree inventory which wd.be removed by filling of Wetland Basin G. 1. The pond level bounce for Pond DP -11 (Wetland Basin A) should be 3 feet or less for a 10 - year storm event and 2 feet or less for a 27y"tstorm event. g. The developer shall submit•t'or::teailejiii'byfthe water resources coordinator detailed plans regarding the grading for.:w thd'�epiacesiient and ponding areas, Including areas of hydric soil placement and a vepetati*n-planting:-plan. The plan must be approved by staff before any grading plan application'fci:tttsite:l.:Submitted to the City. 9. The developer shall provide tree protection Risius (i.e. 4 foot polyethylene laminate safety netting) to be installed at the Drip tine or at the perimeter of the Critical Root Zone, whichever is greater, of the significant treestwoodlands to be preserved. 10. The developer shat) contact the City Forestry Division at least five days prior to any site grading to ensure compliance with the apprgved Tree Preservation Plan. 11. This subdivision Is subject to- - imsti end frail dedication. 12. Issues regarding additional spedmen!.#*e preservation and possible cash parkland dedication credit for a public connect#c!?z;:betwee:the two DNR waterbodies and other potential public 'save' areas shall be resotvvQ to :C' : - Dtistr it ■colon on ft final subdivision. 13. The developer shall plat the property. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION-;FJk#alilA11' CENTER INDUSTRIAL PARK NO. 12 After introductions by Mayor Ei'jA'and Ad tratiorHedges. Community Development Director Reichert gave a staff report. Wachtet ;moved, Awads segopded a motion to approve the Preliminary 43 Agenda Information Memo July 2, 1996 Eagan City Council Meeting CONSENT AGENDA _ 1 ►11 ACTION TO BE CONSIDERED: To authorize refund of application and escrow fee to Principle Construction, Inc. for Royal Oaks Circle 4th Addition. FACTS: Principle Construction, Inc. paid a rezoning application fee of $250, a preliminary subdivision application fee of $300 and made an escrow deposit of $3,000 of which $1,021 has been used to reimburse the City for expenses related to its application. These fees all relate to the proposed development on the parcel which was acquired for use by the City through the tax forfeit process. The City typically does not make reimbursement for costs that have been incurred and for applications that have been processed. However, staff feels that due to the unique circumstances and the eventual outcome of the process, it would be best and most fair to honor the request for reimbursement in this specific instance. Agenda Information Memo July 16, 1996 ACTIONS TO BE CONSIDERED: To approve or deny a Final Planned Development for a 4,600 square foot TCF Bank with six drive thru lanes for Lot 1, Block 2, Eagan Promenade, at the northeast intersection of Yankee Doodle Road and Denmark Avenue. FACTS: The City Council approved the Preliminary Planned Development for Eagan Promenade in December 1995 which called for a bank on this property. The plans submitted by TCF Bank are consistent with the approved master plans for the Preliminary Planned Development. The Final Planned Development Agreement is signed and in order for execution at the regular City Council meeting on July 16, 1996. ATTACHMENTS: Site Plan and Building Elevation pages through _m W 1: SWINE wwwneirwewruwwn r,we�ewr •. •waaeeeFiiw��� S , �_, �I YeeMRM.liw•Iewwrflf•ww�f 4 - . dorm= MR efreepw,weeeefALlrw��mlfwlewYf �= fLf w11ae1LeeIMMUMM1w1Uwe EMMIw Y ml I PMA INN CD MIN r IMF WIN C C© r f. :�s ■ Ti rr M CIOs+a,� 'fie -iffi• ��s• �' �.�,7 � aaeSIM: a c® � W �j��+ � < F Vr/1 i • v=i a !i�i� i 1i 7 1: SWINE wwwneirwewruwwn r,we�ewr •. •waaeeeFiiw��� S , �_, �I YeeMRM.liw•Iewwrflf•ww�f 4 - . dorm= MR efreepw,weeeefALlrw��mlfwlewYf �= fLf w11ae1LeeIMMUMM1w1Uwe EMMIw Y ml I PMA INN CD MIN r IMF WIN C C© r f. :�s ■ Ti rr M CIOs+a,� 'fie -iffi• ��s• �' �.�,7 � aaeSIM: a c® � W X111, 11 W ' C1002 iIIII o L LLJ f p`nC 0 0 O 0 ®iomo 0 ®® �!I k .s 0000 • 0 0 0 O® 0 0 0 m o - X W �— o— .. W .e— Maw 66B lR o— Ols I I J I I I I I I I I I I Agenda Information Memo July 16, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To declare four bicycles from the unclaimed property inventory to be surplus property and authorize their donation to the New Chance County correctional program for juvenile offenders. FACTS: The Police Department is in receipt of a request from the Dakota County Community Corrections Program for bicycles to be used by upper level residents who have earned privileges within the program. The department has inventory in its stolen and unclaimed property which would otherwise be sold in the City auction. ATTACHMENTS: ■ Staff memorandum on page c� ■ Description of New Chance correctional program on pages through S ■ Letters from New Chance residents on pages S ) -throughvu POLICE DEPARTMENT MEMO city of eagan DATE: MAY 69 1996 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN SOUTHORN, ADMIN. TECH. SUBJECT: BICYCLES FOR "NEW CHANCE" PROGRAM New Chance is albakota County Community Corrections program for medium to high risk juvenile offenders from 11 -19 years of age who pose a risk to public safety and /or to themselves. This program may be ordered by the court in lieu of placement in a correctional setting. The program is located on the campus of the Dakota County Government Center in the building formerly known as the Human Services Building. In the first two levels of the program, the youths are supervised, monitored and held accountable 24 hours per day. In the third and fourth levels, shorter hours and fewer days of monitoring are done and more privileges are granted. The youth in levels 3 & 4 have requested a donation of 3 - 4 bicycles for use by staff and by the youth who have earned the privilege of leaving the campus for short periods of time, for example, going to McDonalds for lunch. The staff at the New Chance Program have indicated that the requests Is being made to area Police Departments because of limited funding for their program. I am requesting authorization to forward four (4) bicycles from our inventory for use by the New Change program. The New Chance staff will pick up the bikes, thus eliminating any expenditure of City funds. 04/30 196 15:45 ID:EXTEIDm DAY PROGRAM FAX: yAa o U rN�.s .17 L ' .iw � 'b V 'i3 •� � 'TJ rl �.V ' f' AI 71 Tu, .L d.rc F'� P r •� � - r .� � Jl � � � L r. a' � � Off+ ^. r .`^. r0'a M .L. r v `r � eV u � is .•E VJ u• 6 2 zi A u 1 A L, •�r�. lVC�• � r JE V . `g' ► "moi' . y� %yni. �7 oil YI fJ rn r so V. �lCA ow 7 ` •N•`�, ~ W �! i C N fl. �. i► (Y Tj �. i .'� .V. :�i 1�1 ai a, 04/30 196 15:46 ID:EXTENDED DAY PROGRAM FAX: PAGE 3 N . IL O .� r �p, •� $ Vii. ..t Q all u• 9 ' t= N eu Y .a Clr r '3ss .10 � _ y �'=� u :d Si. •� '.N3 'tl � � ii � u � � %.. � � � O r/1 r � �n 1' y .NV. 'o ■ o k�q c N 171 -, �pQ .. U a.•k �� m� F � b c7 - .5 b � w � w e�. C O F' O .� ON If fo �Qc •�'•a � o a N' �. a '� : 1 u A� VI g gp ■ yy ' w..Z 56 Al 7a a ru 0.5 a tL j y Y� Nc �, ea sr eu a S C iYW M ■ ,C .. .. � ! 4� RC2 a � � ■ Z r U u. J ti• � � ��tl� � ,J •y3 r � t r ■ " , u � o s d 'f � . m 4 a r ■ • N V. N .g • ru y Co N M f 9 pi Y � OW Ucl % Jr. ; G Y � N N Fy •41 .5 b � w � w e�. C O F' O .� ON If fo �Qc •�'•a � o a N' �. a '� : 1 u A� VI g gp ■ yy ' w..Z 56 Al 7a a ru 0.5 a tL j y Y� Nc �, ea sr eu a S C iYW M ■ ,C .. .. � ! 4� RC2 a � � ■ Z r U u. J ti• � � ��tl� � ,J •y3 r � t r ■ " , u � o s d 'f � . m 4 a r DeckS, ) ECA6aV> -f t) � \ CE, 't� IE? jam.- , r,-- ; J-� 1'? t�, �..� GG�"� �j� � � F�� �; �` `T' :�j ` �',.) ICJ► Y • fiL'" t ' 1 .r�r � ` • � .'stir% t..c..� x ' ' � .� f� S4 5� C� Agenda Information Memo July 16, 1996 - Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve/deny a 40 foot variance to the required 100 foot building setback along a public right-of-way for Lot 1, Block 2, Halley's 1st Addition, located at 4890 Biscayne Avenue for a proposed building addition of 2,400 SF. FACTS: The subject lot, located on the northeast corner of Biscayne Avenue and Gun Club Road, is 30,288 SF in area with an existing 6,240 SF building on the site. The lot is presently completely built out. The City Code -requires a 100 foot building setback for a Light Industrial zoned parcel that abuts an Agricultural, Residential, or Public Facilities zoned district. According to the applicant, the hardship for the variance is based on the need for additional building space and the lack of buildable area that exists on the lot. BACKGROUND/ ATTACHMENTS: (1) Staff Report, pages S? through . S6 PLANNING REPORT CITY OF EAGAN REPORT DATE: July 1, 1996 APPLICANT: Richard Skinn PROPERTY OWNER: Richard Skinn REQUEST: Variance to building setback LOCATION: 4890 Biscayne Avenue COMPREHENSIVE PLAN: IND (Limited Industrial) ZONING: I-1 (Limited Industrial) CASE #: 36-V-10-6-96 HEARING DATE: July 16, 1996 PREPARED BY: Steve Dorgan The applicant is requesting a variance of 40' to the required 100' building setback for a Light Industrial zoned parcel that abuts an Agricultural, Residential, or Public Facilities district. The proposal consists of a 60' x 40' (2,400 SF) addition to an existing 6,240 SF building on Lot 1, Block 2, Halley's 1st Addition (PID# 10-31800-010-02) located in the SE 1/4 of Section 36. .f)o I wa awt City Code Chapter 11, Section 11.40, Subd. 3, C., states: 1. If the Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. That the granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. City Code Section 11.20, Subd. 15, requires a 100 foot building setback for parcels abutting an Agriculture, Residential, or Public Facilities zoned district. Si City Council Report - Skinn variance July 16, 1996 Page 2 City Code Section 11. 10, Subd. 3, states that no nonconforming structure shall be erected, converted, enlarged, reconstructed, altered, or changed in any manner which is not in conformity with this Chapter without a variance. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Trail Auto Body and Marine; zoned and guided Limited Industrial South - Single Family Home (Earl Moratzke); zoned and guided Single Family Residential East - Red Pine School; zoned and guided Public Facility West - Twin City Forklift Repair; zoned and guided Limited Industrial The subject lot, located on the northeast corner of Biscayne Avenue and Gun Club Road, is 30,288 SF in area with an existing 6,240 SF metal wall panel building. There are three separate tenant spaces of equal size in the existing building, each of which has an overhead door located on the south side of the building: Space is being leased to tenants in two of the units. The other unit is used for storage of equipment for the applicant's landscaping and snow removal business. The property is currently served by a private well and septic system. At the present time, the lot is completely built out. The minutes from the August 18, 1992, City Council meeting shows the property received variances of 10' from the side yard building setback and to parking lot standard requirements of curb, gutter, and paving for the lot when the building was built in 1992. The City is currently in the process of obtaining bids for the road improvements of Biscayne Avenue which should be completed b� fall of 1996. Water and sewer services will be provided to the lots in Halley's Addition as part of the upgrade. If the variance is approved, a condition requiring connection to City sewer and water should be considered as a condition. With the upgrade of Biscayne Avenue, the site should be brought into conformance with parking lot standard requirements of curb, gutter, and paving. Equipment is currently being stored outside of the building without a CUP for exterior storage. The applicant's intent of requesting a variance is to provide building space to house the equipment currently stored outside. The applicant has met with the City regarding an application for a CUP for the exterior storage of equipment on the lot. Even if the variance is granted, the applicant has indicated that a CUP for outside storage may or may not be necessary for his business plans. In any case, all equipment should be stored in the building or removed from the site until the CUP is approved. Setbacks - The City Code requires a 100' building setback for industrial parcels that abut an Agricultural, Residential, or Public Facilities zoned district. The subject lot is directly adjacent to a Public Facilities zoned district and the existing building is currently setback 102 feet from the east property line. The lot meets the 35% building lot coverage allowed by City Code with a 20.6% City Council Report - Skinn variance July 16, 1996 Page 3 coverage. If the proposed addition were to be built, a 28.5% building coverage would exist on the lot. The lot size is smaller than the average lot in Halley's Addition. The existing building lot coverage and size is consistent with other buildings in Halley's Addition. Architecture - City Code requires that all buildings in Industrial zoned districts must be constructed with a minimum of 25% metal exterior. The applicant is proposing the addition be of the same color and material of the existing building. Because the building is less than 10,000 SF and the addition is less than 50% of the existing structure, the building addition is in compliance with the architectural standards. Pa&ing - Based on the existing 6,240 SF building, the City Code requires 15 parking spaces. With the 2,400 SF proposed addition, 4 additional parking spaces will, be required. The parking lot on the site is currently a gravel base which does not delineate parking, however, the applicant has shown parking along the south and east portions of the site providing sufficient parking. The applicant should provide a parking plan to the City for approval showing the required parking for the site. r• Landscaping - White pines have been planted along the east and a portion of the south property lines. Additional landscaping should be provided; 1) along the southwest portion of the parking lot to screen the loading area, and 2) the front yard or the west side of the building. �:::_� According to the applicant, the hardship for the variance is based on the need for additional building space and the lack of buildable area that exists on the lot. The applicant's business has expanded and is requesting the variance to build an addition to the existing building to house the additional equipment to protect against theft, vandalism, and the elements and to improve the appearance of the site. The applicant claims that the only area that the existing building may expand is into the 100' building setback to the Public Facilities district to the east. jj The applicant is requesting a 40 foot variance to the 100 foot building setback to a Public Facility zoned district to allow an addition to the existing building on the lot. The existing building coverage and size is consistent with other buildings in the development. An addition would result in a building that is larger than most of the surrounding structures. The lot utilization with the existing structure appears to be maximized. Recommend approval/denial of a 40 foot variance to the 100' building setback for a Light Industrial parcel that abuts an Agricultural, Residential, or Public Facilities district for Lot 1, Block 2, Halley's 1st Addition (PID# 10-31800-010-02) located in the SE 1/4 of Section 36 subject to the following conditions: Sy City Council Report - Skinn variance July 16, 1996 Page 4 1. The building shall be connected to City water and sewer when available. 2. Parking lot standard requirements of curb, gutter, and paving shall be completed by July 31, 1997. 3. A parking pian shall be submitted to the City for approval prior to the issuance of a building permit. 4. All equipment currently on the lot shall be stored within the building at all times. 5. Landscaping should be provided along the southwest portion of the parking lot along Gun Club Road, in addition to the area to the west of the building along Biscayne Avenue. A revised landscaping plan shall be submitted prior to obtaining a building permit. 6. A plan shall be,,,pTovided to the City designating either a trash/recycling area within the building or a tra, h enclosure attached to the rear of the building prior to obtaining a building permit. m N\11, w" DR. ooc— cv. so. 'Vc r. V,i: 'Amw I I.( 17N I c 177) LAA X 0 011C.REENc HOLZ I DF PARK Tonr uPF AVL. -mi I C�/ I ENS $Chu 17. \A11,7 —, PlrZ 1--, 4AKE NA COVE -35 .�% \ LN. I I ,��I NAUVOO i� ; QEO W d W. z > N LLAAW AD. I GUN IM au WIN ROAC) LOCATION (0( IK ii !4200 4400 I I2 CL ROAD 4,1�1500 Ku 3 ZTOI mx,. L. E 4800 WeMrLPWE WAY at 50 HIDDEN CORNER PARK St. w 5000 12 Certificate of Survey for: SIGMA SURVEYING RICK SKINN SERVICES INC. EW, MkwwwM 55122 Phone: (612)462.3077 i�o.4le Adjres5 S4q - Fiureh Cowry} 864- i'i('f W. � 00 N SollcZ'n if W Z3. CO ., { io ii j4i 516 T S}9$. 1 io 1t H s r H i K X"t VO b • r lu As :3 ( p law �ao.a fj r H ' t0 Area io'�� I a3 m'� g4 Xaq� iii N0°0Z, li xE (23.00 of x 48.0 X44.3 M M )jgO2 Gx�s}:.,9 GrZuPI Road o E 4e ' IrL _ _ S BI SCAYNE AVE. (0 .� scale : t "= &10' trr .. n- - 4_. T— m-.,,,,esJ Found Ski nn Variance AG 10 Red Pine Lane c r Club Rod L PK AG Zon 0 ing I Lq r It 4-6 mo in 3 S E s Page 6/FAGAN CITY COUNCIL MINUTES August 4, 1992 that Staff continue to work with the property owners exploring all alternatives in order to reach an agreement for Council's consideration.. Aye: 5 Nay. 0 The property owners then asked that a deadline for the agreement be set by the Council. After some discussion, it was determined that an agreement will be returned to the Council for their consideration at the October 8, 1992, regular City Council meeting. HUNTING PERMIT ISSUANCE Mayor Egan introduced this item as the issuance of hunting permits in the City of Eagan. He explained that the topic had been explored earlier in the meeting to permit discussion with the Chief of Police and that Jon Parker of the Minnesota Department of Natural Resources was now present to answer questions. Mr. Parker distributed information for the Council regarding deer populations and the results of the last deer survey. In answer to a question, Mr. Parker said there was no evidence that the City's present hunting policy presented any problems and said he would not recommend that it be made more restrictive. The Council generally agreed that the present policy remain in effect; however, some reservations were expressed regarding the use of firearms in the City and will continue to be handled on a case by case basis. HUNTING PERMITS Mayor Egan introduced this item as hunting permit applications. Pawlenty moved, Awada seconded, a motion to approve applications for Larry Becker, Shawn Becker, Richard Maurer, Rebecca Maurer and Fran Rudolph for bow hunting of deer at locations referenced on their applications. Aye: 5 Nay. 0 PICCOLO'S ON -SALE BEER LICENSE Mayor Egan introduced this item as a license for on -sale, non -intoxicating beer for Piccolo's/Wallace J. Boudreau, 4162 Pilot Knob Road: McCrea moved, Awada seconded, a motion to approve an on -sale, non -intoxicating beer license for Piccolo's Pisa located at 4162 Pilot Knob Road in Hilltop Shopping Center. Aye: 4 Nay 1 (Pawlenty) mss VARIANCES/RICHARD SB:INN/HAU EY'S 1ST ADDITION Mayor Egan introduced this item as a variance for Richard Skiun, of 20' to the rear yard setback requirement and a variance of 50' to the required 100' setback from property zoned agricultural; a variance of T to the required 20' side yard setback; and a variance to the curb and gutter and paving requirements for Lot 1, Block 2, Halley's 1st Addition, located in the SE 1/4 of Section 36. Director of Community Development Runkle explained the application and its location. Mr. Runkle noted that the property is "Comp Guided' as single-family, however, is presently zoned LI (Light Industrial). Richard Skins, the applicant, said his business is expanding thus necessitating a larger building. He said he had done some landscaping to screen the building but added that he would not need the variances if he could avoid putting in a drain field. When asked whether he had talked to his neighbors about his plans, Mr. Skinn �q Page 7/EAGAN CITY COUNCIL MINUTES August 4, 1992 said his only neighbor is Earl Marotzke and Mr. Marotzke had no objections. Mr. Marotzke was present and indicated his agreement. Mayor Egan told Mr. Skinn that he understood Mr. Skin's request for setback variances, but asked why he wished a variance from the curb, gutter and paving requirements. Mr. Skinn said the remainder of the area is gravel and said he would be happy to pave the parking lot and put in curb and gutter when the rest of his neighbors did. City Administrator Hedges indicated that staff had discussed the conflict between the Comprehensive Guide Plan and the zoning of the property and it was their opinion that either the area should develop as an industrial park or remain as a "holding" zoning; however, if it was to be an industrial park, it should have paving, curb and gutter installed. Councilmember McCrea asked Mr. Skin how long he'd owned the property and he indicated 4 months. She asked if he had purchased the property contingent on being able to construct this building on the property and he said he had not. After further discussion, Mayor Egan said he could find no hardship to justify these variances. Councilmember Pawlenty said be would presume that when Mr. Skinn bought the property he realized what the setbacks were and asked what had changed in the past 120 days. Mr. Skin said the property was advertised as a one -acre lot but he now realizes it is smaller than he anticipated. Councilmember Pawlenty summarized the issues but indicated the real question is what the City wants the property to become. Councilmember McCrea said that as it stands today, the applicant could build a pole barn on the property without a variance. She suggested that rather than deny the application, a continuance be granted so that Council could walk the property. Pawlenty moved, McCrea seconded, a motion to continue to the August 18, 1992, regular City Council meeting a variance for Richard Skinn, of 20' to the rear yard setback requirement and a variance of 50' to the required 100' setback from property zoned agricultural; a variance of 7' to the required 20' side yard setback; and a variance to the curb and gutter and paving requirements for Lot 1, Block 2, Halley's 1st Addition, located in the SE 1/4 of Section 36. Aye: S Nay: 0 SPECIAL USE PERMIT/STEININGER CONSTRUCTION Mayor Egan introduced this item as a special use permit for Steininger Construction, to allow continued concrete recycling in a Light Industrial (LI) zoning district on a portion of Parcel 10-01300-012-26, located in the NW 1/4 of Section 13. Director of Community Development Runkle said that a special use permit had been granted to the applicant subject to annual review. He said no negative comments had been received from the surrounding properties. Councilmember Wachter asked several questions about the removal of gravel from the property. The applicant said they were removing gravel from the Gopher Smelting property and Steve Bryant of West Publishing said they were removing gravel from their property as well. Mr. Bryant went on to say that the applicant was doing a fine job and West Publishing had no objections to the renewal of their application. Pawlenty moved, Wachter seconded, a motion to approve a ' special use permit for Steininger Construction to allow continued concrete recycling in a light industrial zoning district on a portion of parcel 10. 01300-012-26 and subject to the following conditions: 1. Dust control procedures shall be utilized. 2. Hours of operation shall be limited to 7:00 a.m. - 7:00 p.m., Monday. through Saturday. To: Eagan City Council Members June 24, 1996 From: Midwest Snow and Landscaping 4890 Biscayne Avenue Eagan, MN 55123 It is very necessary for me to enlarge my industrial building. A company most everyone is very familiar, Northern Hydraulics, has grown substantially. It was at their request that I added more equipment and manpower to my business to take care of all their needs for snowplowing and maintenance. Because my business has grown, additional equipment having been left outside has suffered due to the -hard elements of nature. Another reason for enlarging the building is for protection against theft and vandalism which has been a previous problem.. Addition to the building would also improve the cosmetic look of the premises by making the area a more clean looking pleasant site. With the additon to the building, I will immediately improve the parking lot by adding curb and gutter, garbage enclosure and comply with the city's regulations for an upgraded industrial area. You have already received a list of property owners, mailing labels and addresses within 350 feet of Lot 1, Block 2, Halley's 1st Addition. Thank you for your prompt attention and assistance in obtaining this variance. Richard W. Skinn /�O�JJLO"' 9661 Z N 0 F Notary Agenda Information Memo July 16, 1996 B. VACATE DRAINAGE & UTILITY EASEMENT, GEORGE GILES ADDN ACTION FOR COUNCIL CONSIDERATION: To close the public hearing and approve the vacation of a drainage and utility easement as described over Outlot A George Giles Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: A preliminary subdivision and preliminary planned development for the Precision Tune Addition was approved by Council action on May 7, 1996. The site plan associated with that development indicated the building would encroach approximately 7' into the dedicated 10' drainage and utility easement located along the south line of the current Outlot A, George W. Giles Addition plat. Subsequently, one of the conditions of approval was the vacation of this dedicated easement to accommodate the reduced setback building encroachment. On June 18, the City Council received a petition requesting the vacation of a portion of the affected drainage and utility easement and scheduled a public hearing to be held on July 16. All notices were published in the legal newspaper and sent to the affected property owner and potentially interested utility companies. As of this date, staff has not received any objections to this proposed vacation. ATTACHMENTS: • Location map, page �. • Graphic & legal description, page_ • Staff report, page'. `TF1 PARK Y I < p ER BLUR €�.. .s I " SCENTURY pT YANKEE DOODLE ROAD WATER ' TAC FLITY ! 1 sg HEIGHTS' wP`•�`. G`. uo CITY 96)r =3 oa 1 MANT. i FEr .v FACLITY A4, i' n J H 1 ROYAL � So WAL OAK CIR `gyp} PARK J VIOLET j I. PA LANE ROAD A Y a CT. �•f / T,p� /` P�..���.•7PY tiLLs� ENGLI r�W ROA Y IyMARK:E I. - TAMARAC 2.- 8RCH PT. •3 NORWAY 4- FOREST F LWcST I // 1 :5.- ROHWOOC '6.- REDW V ;7.- SPRUCE p i YANKEE. 0 ST.I 110 ,:" , OR. TOWN' YAN(EE Ply 0i c CT{ 1 m AWK LAW 1. C RKWAY yrw� iY L� j f CUTTERS LA. -VACATION SITE c i Z2 MA, - J KOLST D �MOIMNND .-. DOVE CT. L \ CT >' R. E WES cr �) 4 LA a LA. C ity Of eagen approved: standard PUBLIC GEORGE W. GILES plate #: WORKS EASEMENT VACATION DEPARTMENT Vocation of Easerri ril (Jrcjwiny for PRECISION TUNE so'131o~E PILOTI is.ze KNOB ROAD PROPERTY DE.SCR/PTION Outlot A, GEORGE W. GILES AIMIT10N, orrording to the recorded plat thereof, Dakota County, Minnesota. VACATION DESCRIPTION The West 48 feet of the Eust 133 reef of the Nurth 7 feet of the South 10 feet of Outlot A, GEORGE W. GILES ADDITION according to the recorded -'plot thereof, Dakota County, Minnesota. S H O0 Ian i� I e { Scale: 1 inch = 30 feet W Is I I I IW I's E h ` - c E c \7 by me or under my direct supervision and that I am a duty Registered Land Surveyor under the o �0 `m � Iowa of the State of Minnesota., a � _ I ?2 9 01 I IW�P I I NIQ I I I I Dated this 24th day of April, 1996. REHOER dt ASSOCIATES, INC. Ai in R. Rehder, Land Surveyor Rehder and Associates, Inc. Minnesota Registration No. 13295 CIVIL ENGINEERS ANO LANG SURWYORS NM I -W &.r . ^.Urw ;Ip • r.lrP . Yir.w....n . M...r lr. r,,^I • _ nor JOH: 9h,l I I) I I (I i I Scale: 1 inch = 30 feet 46�3 E O ` I hereby certify that this drawing was prepared by me or under my direct supervision and that I am a duty Registered Land Surveyor under the Iowa of the State of Minnesota., Dated this 24th day of April, 1996. REHOER dt ASSOCIATES, INC. Ai in R. Rehder, Land Surveyor Rehder and Associates, Inc. Minnesota Registration No. 13295 CIVIL ENGINEERS ANO LANG SURWYORS NM I -W &.r . ^.Urw ;Ip • r.lrP . Yir.w....n . M...r lr. r,,^I • _ nor JOH: 9h,l I I) I I (I i I ENGINEERING REPORT CITY OF EAGAN REPORT DATE: JUNE 25, 1996 REQUEST: VACATION OF DRAINAGE & UTILITY EASEMENT LOCATION: OUTLOT A, GEORGE W GILES ADDN PETITIONED BY: ARLEN ALLISON OF PHILLIPS PETROLEUM COMPANY REPORT BY: CRAIG KNUDSEN, ENGINEERING TECH Back rg ound With the replat of Outlot -,•George W. Giles Addition, Phillips Petroleum Company is proposing to develop a Precision Tune facility. Due to the limited size of this lot and setback constraints, the applicant is requesting a vacation of 336 SF of a drainage and utility easement along the south property be. This would allow the building to be built within 10' of the property line. All necessary or additional easements would be provided through the final plat of Precision Tune Addition. Notifications and Responses Public notice for the vacation of this easement was published in the City's legal newspaper. Additional notices were provided as standard procedure to parties who may have an interest in the easement vacation. The City has not received any objection to the requested vacation of easement. Recommendation It is recommended that the City vacate the drainage and utility easement as defined on the attachment with concurrent recording of the plat as Precision Tune Addition. Attachment: Location Map Legal & Graphic VACATIONS/giles.rWb Agenda Information Memo July 2, 1996 Eagan City Council Meeting It" fill ► �. �: :�\1 :\1 �� / 1 �' :\D) 11 3(s] 0 [elm 1 1 1 at ACTION TO BE CONSIDERED: To approve, deny or approve with modifications a resolution determining the desirability of issuing $4,600,000 General Obligation Bonds and providing for an election thereon. FACTS: ° , • The City's Park System Master Plan was updated in 1994/95. • The City Council and APRNRC discussed the need for a referendum in the fall of 1995 considering a spring 1996 election date. • In a joint meeting with the APRNRC on February 27, 1996, a presentation was made regarding the park bond referendum by members of the APRNRC. An August 6, 1996 election date was given consideration. • At the regular City Council meeting held March 4, 1996, approval was given to the APRNRC to form a task force to study the park bond referendum issue to make a determination as to the amount and wording for a referendum to be held on August 6, 1996. • At the June 4, 1996 regular City Council meeting, a presentation was made by the task force and final action was continued to the July 16, 1996 meeting. • The forty-five day notice deadline for an election to be held on September 10 with the primary is July 26, 1996. The forty-five day deadline for an election to be held on November 5, 1996 with the general election is September 20, 1996. ATTACHMENTS: • A Resolution prepared for an election on November 5, 1996 with a single $4,600,000 question is enclosed on pages through. Note: The City's fiscal consultant has been asked to provide the tax impact numbers which are part of the ballot question. Staff expects to have them by Monday to be distributed with the additional information. The proposed resolution has been prepared by the City Attorney's Office and reviewed by Steve Rosholt of Faegre & Benson as bond counsels. Also enclosed on page is a memo written by the City Administrator summarizing questions.laijoed by the City Council at the July 2, 1996 workshop. On pages through is a copy of the response to those questions written by the Director of Parks and Recreation. CERTIFICATION OF MINUTES RELATING TO BOND ELECTION FOR $4,6009000.00 GENERAL OBLIGATION BONDS Issuer: City of Eagan, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on Tuesday, July 16, 1996, at 6:30 p.m. at the Eagan City Hall. Members Present: Members Absent: Documents Attached: i Minutes of said meeting (pages): RESOLUTION NO. RESOLUTION DETERMINING THE DESIRABILITY OF ISSUING $4,600,000.00 GENERAL OBLIGATION BONDS AND PROVIDING FOR AN ELECTION THEREON I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hefeto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 16th day of July, 1996. E.J. VanOverbeke City Clerk 7 3 Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DETERMINING THE DESIRABILITY OF ISSUING $4,600,000.00 GENERAL OBLIGATION BONDS AND PROVIDING FOR AN ELECTION THEREON BE IT RESOLVED, by the City Council of the City of Eagan, Minnesota, as follows: 1. The City Council hereby finds, determines and declares that it is desirable, expedient and necessary and in the best interests of the City and its inhabitants to undertake a park acquisition and betterment program within the City and to issue General Obligation Bonds of the City in an amount not to exceed $4,600,000.00 to finance the acquisition and betterment program. 2.- A special : bond election is hereby called and shall be held on Tuesday, November 5, 1996, bttween the hours of '1: to a.m. and S . ov p.m., at which election the question of issuing the above bonds shall be submitted to the voters. 3. Notice of the submission of said question at said election shall be given by publication of the notice of election in the official newspaper by giving two (2) weeks published notice before the date of the election, and by posting said notice in the office of the City Clerk, also at least ten (10) days prior to the election date. Said notice shall be in substantially the following form: NOTICE OF SPECIAL BOND ELECTION NOVEMBER 59 1996 CITY OF EAGAN, MINNESOTA NOTICE IS HEREBY GIVEN that a special bond election will be held in and for the City of Eagan, Minnesota, on Tuesday, the 5th day of November, 1996, between the hours of •.00 a.m. and ; o p.m., at which time the following question will be submitted: Should the City of Eagan be authorized to issue General Obligation Bonds of the City in an amount not to exceed $4,600,000.00 to finance the acquisition and betterment of parks? The polling places for said election shall be as follows: Precinct No. Polling Place 1 Pilot Knob Elementary School 1436 Lone Oak Road 2 Quarry Park Shelter 3340 Coachman Road 3 Trinity Lone Oak Lutheran Church 2950 Highway 55 4 Cedar Elementary School 21409 Diffley Road 5 !` Mt. Calvary Lutheran Church 3930 Rahn Road 6 Cedar Grove Baptist Church 1985 Diffley Road 7 Fire Administration Building 3795 Pilot Knob Road 8 Eagan Municipal Center 3830 Pilot Knob Road 9 Woodland School 945 Wescott Road 10 St. John Neumann Church 4030 Pilot Knob Road s 11 Northview Elementary School 965 Diffley Road 12 Cedar Ridge Christian Church 2024 Rahn Way 13 Rahn Elementary School 4424 Sandstone Drive 14 Christ Lutheran Church 1930 Diffley Road 15 Thomas Lake Elementary 4350 Thomas Lake Road 16 Easter Lutheran Church 4200 Pilot Knob Road 17 St. Thomas Becket Church 4455 South Robert Trail 18 Fire Station No. 5 4701 Galaxie Avenue 19 Chapel Hill Baptist Church 4888 Pilot Knob Road 20 Pinewood Elementary School 4300 Dodd Road 4. Pursuant to Minnesota Statutes, Section 205.16, the Clerk shall also post a copy of the sample bond ballot in his office at least four (4) days before said election and shall further have said sample ballot published in the official newspaper at least seven (7) days before said election. The sample bond ballot shall be in substantially the following form: See Exhibit "A" attached: 5. At least forty-five (45) days prior to the special bond election, the City Clerk shall provide a written notice to the County Auditor, including the date of the election and the question to be voted on at the election. 6. The Clerk is authorized and directed to cause to be printed official bond ballots for the use of the voters at said election. 7. The polling places for each precinct for the election shall be as set forth in the notice of election and the election officials for each polling place shall be appointed by a subsequent resolution of this Council to be adopted not later than October 11, 1996. 5' 8. The Cid Council shall declare the results of the vote upon said issue when it meets as a canvassing board following said election. ATTEST: By: E.J. VanOverbeke Its: City Clerk APPROVED: By: Thomas A Egan Its: Mayor _77 EXHIBIT "A" OFFICIAL BALLOT SPECIAL ELECTION CITY OF EAGAN NOVEMBER 5,1996 The City of Eagan is asking voter approval to issue and sell its general obligation bonds in an amount not to exceed $4,600,000.00 to finance acquisition and betterment of parks. The amount of taxes that would be raised in the first year of the property tax levy for the bonds is estimated to be approximately $ . The maximum increase in property tax levy is estimated to be % of the market value of the taxable property in the City. Instruction to voters: Voters desiring to vote in favor of the following question shall put an (X) in the square before the word "YES." Voters desiring to vote against the question shall pt an (X) in the square before the word "NO." BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. [ ] YES Should -the City of Eagan be authorized to issue and sell its general obligation bonds in an amount not to exceed $4,600,000.00 to [ ] NO finance acquisition and betterment of parks? The motion for adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 79 f city of eagan TO: DIRECTOR OF PARKS & RECREATION VRAA FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 10, 1996 SUBJECT: PARK REFERENDUM MEMO At the July 2 work session, there were several issues relative to the park referendum that were discussed by the City Council and require a response in memo by the July 16 Council meeting. The following are the points we discussed at a meeting on Tuesday, July 9: Y.r ■ Prepare a list of all the sites and with each site, criteria on how that park can be used. ■ Sites should be reviewed by the Park Commission. It is my understanding they have been and will again be at the July 15 meeting. ■ Will there be an appraisal of all the parcels? It is my understanding that the appraisals will be performed as a post -referendum measure. ■ What are the plans to place signs on each parcel? r= ■ What is our 10-15 year development strategy for the parks, which is important for the community as we prepare for a bond referendum? ■ If the $.8 million (betterment) was the only amount approved for parks in the next several years, would we use the money for a nature center? In other words, given a limited resource, how would we spend it? What is the highest priority for the park program? I appre iate your review of this matter. t 7 City Administrator TLH/vmd MEMO — city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR a.FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: JULY 12, 1996 RE: RESPONSE TO MEMO OF JULY 10, 1996 This memo is in response to your memo of July 10 regarding questions from the Council on the proposed referendum. Staff is preparing a list of previously identified sites and how that parcel is to be used. Since the initial announcement of the potential referendum, staff has received two calls'°regarding two other parcels.(see attachment) The Commission has reviewed these parcels on a number of different occasions since work began on this task some two years ago. I concur that it would be wise to once again have the Commission take a look at the list. I will add this to the Commission agenda on Monday evening. The Task Force discussed the need for appraisals of each parcel in an effort to help them reach some conclusions as to what parcels are really worth. They also reasoned that the Council would want to have appraisals done before approving any acquisition in able to respond to public inquiries. And yes, its my understanding that these appraisals would be post -referendum. The committee discussed puxting signs on each parcel however, their final conclusion was that unless all the property owners agreed to sell, and that did not seem likely, signing may not be helpful. Members also felt that if they put up signs and the parcel was not later acquired, for whatever reason, then the community may be resentful. Therefore the group came to the conclusion that only those parcels in which owners have specifically agreed to sell would be identified specifically with signs; i.e. the Anderson, Caponi, and Holz parcels. Your next question is what is the development strategy for parks for the next 10-15 years. presume you are asking not only about the need for parks in the future but also how will the costs for development and system improvements be met. I would refer you to the Parks System Plan which identifies a future vision for parks and to Chapter 11 which identifies a number of different approaches to investment strategies. Those strategies include private investment (as in the case of Carriage Hills) the park site fund, donations, partnerships, community involvement (Civic Arena), grants and referendums to mention a few. Your final question is extremely difficult to answer; what is the most important park development over the next several years? Given the past pattern of growth in the community, our needs today may very well be overshadowed by the needs three or four years from now. As the Parks System Plan points out, the City may very well need additional athletic fields by the year 2,000 (although the new high school, which includes a significant portion of Eagan, may or may not have a significant impact on this prognostication) My personal opinion is that the biggest need is the development of Walden Heights Park. For the last several years the City has been budgeting money from the park site fund to develop this park. But as you know, the City does not have all the land for this park. We expect to get the balance needed through park dedication when the Brown property is developed. There have been numerous discussions about the development of the Brown property and dedication of the parkland always seems to be "just a few months away". The area is certainly in need of having its neighborhood park developed as a first priority, and that is why it continues to be shown in the CIP as being funded from the Park Site Fund. The new wading pool, at least amongst the users of this facility, has resulted in frequent requests/suggestions that a swimming pool be considered as a community need. Such a facility will be much more expensive then $800,000. ( By the way, we are also getting comments about wheh the City will build another wading pool like this one somewhere else) But to answer your question, I would refer you to Chapter 10 and Table 10.2 of the Park Systems Plan once again. This table is a composite rating done by the Council, Commission, Sr. Staff and their collective view as to the importance to Eagan residents of various facilities and how Eagan rates to the "ideal" in providing these facilities. The nature center was rated as one of the highest activities in importance and also viewed, along with swimming and historical facility, as the area the City is doing the poorest in. The rational for the inclusion of the Nature Center at Patrick Eagan Park is several fold. One, the park has been owned by the City for nearly twenty years and while often talked about for development, has;jnever proceeded because of other priorities (neighborhood parks, playgrounds, and athletic fields). The question is, as some people have already answered yes to, is this the time to move ahead with the first phase of development of this facility? The 1992 CIP document (and even before this) had identified Patrick Eagan for some development activity for 1996, and again in the 1994 document for 1996 and 1998. The park was also shown in the last CIP, but not tied to a source of funding other then the Park Site Fund. Unfortunately, the income stream for the park site fund is not always predictable because it's based on development dedications. And, typically, expenditure needs for future years out pace income. I'm happy to see that this year's dedications are ahead of projections, but this may mean that future year's revenues may be less then anticipated. The referendum would insure the initial start of the park. Respectfully submitted, Ken Vraa C7\REF-?.CC OPEN SPACE TASK FORCE ACQUISITION RECOMMENDATIONS SECTION Parcel Location) ACRES OWNERS PURPOSEIFUNCTION COMMENTS 1 60 Cray Research O.S. - Community Park 9 20 Loral Corporation O.S. 10 15 State of Mn/Burger Access to Lemay Lake Maximize Shoreline 11a 200 Dart O.S. - Community Park lib 10 Lund Trail Connection Adjacent to North Park 16/17 80 Mn. Hospital Serv. Assoc. O.S. Consider Trail Development 15 20 McCarthy O.S. - Potential Neighbor/Comm Park 16a 10 Sandberg/Hay O.S. - Wetland Viewing Possible Conservation Easement 21 20 Bieter Neighborhood Park 22a 10 McCarthy Link Windcrest to Patrick Eagan Park 22b 10 McCarthy Link Barbara Cunt' to Patrick Eagan Park 22c 10 Anderson O.S.- Addition to Patrick Eagan Park 25a 7 Shield Trail Connection to Lakeside Park 25b 15 Swenson/Curry O.S. - Resource Preservation Pristine Wetland 27 30 Caponi O.S. - Trail Connections Adjacent to Art Park 28 5 Smith O.S - Maximize Shoreline Adjacent to Thomas Lake 33 40 Brown O.S. - Linear Park Adjacent to Walden Heights Park 34 2 Doering/Schindeldecker Trail Connection Adjacent to Ohmann Park 36a a Holz/Wierke Expand Holz Farm Adjacent to Holz Park 36b 20 West End Hunting O.S. Pristine Wetland 36c 5 Tessmer O.S. r i i vivo Legend O.S. = Open Space/Preservation r Agenda Information Memo July 16, 1996 Eagan City Council Meeting B. VARIANCE - PROFESSIONAL PLASTICS. INC. (REVISED ACTION TO BE CONSIDERED: To approve or deny a Variance to allow parking within the 100 foot setback buffer for Lots 21-24, Block 2, Eagandale Center Industrial Park #4. FACTS: ► The City Council opened the public hearing on this Variance request at their meeting on July 2, 1996. The item was continued until the July 16, 1996 City Council meeting to allow time for the applicant to make revisions to their plans to address concerns about the proposed setbacks, landscaping and tree preservation. ► Professional Plastics, Inc. is requesting a 48 foot variance to the required 100 foot setback buffer where I-1''zoned property is across the street from R, A, or P zoned property. The variance would'allow construction of a parking lot on the south side of the proposed new building. ► The south edge of the parking lot (drive aisle) is proposed to be 50 feet from the south property line abutting Yankee Doodle Road. All other building and parking setbacks meet code requirements. ► A 38 foot setback is proposed from the east property line (5 feet required by Code) to allow preservation of many of the significant trees on the site. ► The increased setbacks from the east and south allow preservation of more significant trees and woodlands. However, according to staff assessment, the proposed tree removal on the revised plan is 72.3%; 47.5% is allowed for this type of development. As a result, cash mitigation is $16,070. ► Staff has made some suggestions to the applicant regarding the type and quantity of plants proposed and the potential to preserve additional existing trees. A further revised landscape plan will be presented at the City Council meeting. ISSUES: At the July 2, 1996 City Council meeting several issues were raised in regard to the initial proposal by Professional Plastics, Inc. These include: ► The magnitude of the setback variance requested. Concerns were raised that the proposed building is too large for the site, resulting in the need for the large setback variance. ► The large amount of significant tree loss proposed. The need for additional landscape screening from Yankee Doodle Road. This was a major concern expressed by residents of the townhomes across the road. Lack of a clear hardship to justify the variance. BACKGROUND/ATTACHMENTS: Staff memo, page 77 Revised development plans, pages _ through Abibm MEMO city of eagan MAYOR AND CITY COUNCIL MEMBERS FROM: JULIE FARNHAM, PLANNER REGARDING: PROFESSIONAL PLASTICS, INC. - MODIFICATIONS TO VARIANCE REQUEST DATE: JULY 11, 1996 At the July 2, 1996 City Council meeting a public hearing was held on a variance requested by Professional Plastics, Inc. The City Council voted to continue the request until July 16, 1996 to allow the applicant time to make revisions to their plans to address concerns about the proposed setbacks, landscaping and tree preservation. Following is an overview of the revisions made by the applicant. ► The building size has been reduced by 10,159 square feet from 38,715 to 28,556 square"feet. As a result, the amount of required parking has been reduced to 81 stalls. The site plan submitted indicates 72 stalls, with 9 shown as proof of parking. The stalls are proposed to be 9 feet wide, rather than 10 feet per City policy. ► The setback from Yankee Doodle Road has been increased by 16.5 feet from 35.5 to 52 feet. Consequently, a 48 foot variance to the 100 foot buffer setback is now requested rather than 64.5 feet. ► The setback from the east property line has been increased from 5 feet (which meets code requirements) to 38 feet. This will allow many of the significant trees to be saved. Information on the exact amount of tree removal will be available at the Council meeting. ► Increasing the setbacks along the south and east allows more existing oak woodlands to be preserved. However, according to staff assessment (without benefit of a grading plan) the revised plan will result in removal of 72.3% of the significant woodlands. Allowable removal for this type of development is 47.5%. The corresponding cash mitigation is $16,070. A performance guarantee of $7,500 will also be required prior to any grading or construction. ► The revised landscape plan includes a longer planted berm to provide screening from Yankee Doodle Road. The berm may be shortened to allow some of the existing woodlands in southwest corner of the site to be preserved. Staff has also discussed with the applicant some modifications of plant types, quantities and the potential to preserve additional trees. These further revisions will be provided at the Council meeting. ► The loading docks have been relocated to the north side of the building rather than the east side. ► Building lot coverage has been reduced from 34.6% to 25.5%. The revised site plan and landscape/tree preservation plan are attached. ? 7 FF ;= 4 , �; 'SNI SOIlSVId INNOISSNOU 21i ujoA Swppne pasodoJd gz W � � u,u�nt. LU +�;.irl���'Y'�'�i�;,�� ley '•�;�' — � o i _ n�il�?�� ��R !iill,,,I ; ��111 t1 1,lu,,f.ld{,} i�13 fill 17 x� 1 u 9 p �,llll�ll + y,11�di1��:1.J�... . . 1 0 •. •.:::. 1 Is r r r r Y ..' �.. . J . r .. r J Z 0 N N W L6 c ad CL _ g 7 All i 930sauulW 'ue8e3 r Ni SJIISVId IVNOISS33021d jo3 Swpps pasodoJd ! SN17700 LU O O W Q 0 s u o� zlIi 6 Xv all 111,19 1 0 V) p 31111 $ _ SN17700 LU O O W Q 0 s u o� zlIi 6 Agenda Information Memo July 16, 1996 Eagan City Council Meeting � 1 .. �. .. /► 1 :�/� Ill ►_ / 1 ACTION TO BE CONSIDERED: To authorize the preparation of ordinance amendments for City Code Chapter 6.37 and 10.01 concerning construction debris refuse haulers as recommended by the Solid Waste Abatement Commission. FACTS: ■ The Solid Waste Abatement Commission has reviewed the issue of licensing of construction/demolition debris haulers as a part of their review of the City's solid waste hauling system. ■ Before proceeding further, the Commission is requesting authorization from the City Council to proceed with preparation of the City Code amendments to accomplish this modification. ISSUES: ■ In addition to determining whether to authorize the ordinance amendments, the Council may wish to address whether any additional public process would be appropriate besides scheduling consideration of the draft amendments on a future Council agenda. ATTACHMENTS: ■ Commission memorandum on pages through q) MEMO —city of eagan MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: TERRY DAVIS, CHAIR SOLID WASTE ABATEMENT COMMISSION DATE: JULY 8, 1996 SUBJECT: LICENSING OF CONSTRUCTION/DEMOLITION DEBRIS HAULERS In 1995 as the Solid Waste Abatement Commission deliberated alternatives to limit the number of refuse related vehicles on the Eagan roads, the Commission began considering the licensing of construction/demolition debris haulers. The members believe that by exempting these materials from ordinance requirements, the haulers of these materials are not required to meet the same health and safety standards as those required for haulers of other types.of refuse materials. After submitting its recommendation to the City Council, the Commission continued its analysis of the elements of the City's solid waste collection system that impact residential neighborhoods. The Commission resumed its study of construction/demolition haulers, appointed a subcommittee and accepted the attached document,"Solid Waste Abatement Commission Request for Commission Review." At its June 20, 1996 meeting the Commission finalized its recommendations for ordinance revisions based on this document and further commission discussion. Attached is our recommendation for ordinance revision for City Council consideration. These recommendations were developed by the business, hauler and resident members of the Commission with input from visitors from the hauling community and from Doug Reid, Chief Building Official for the City. Mr. Reid's council provided insight into his operational perspective and the probable perspective of the contracting community. Accordingly, the Commission made adjustments to its earlier draft recommendations. Although no direct input has been obtained from contractors, the Commission does not believe that these recommendations will have material, if any, business or financial impact on the contracting community. Nevertheless, the contracting community should have the opportunity to review and provide public comment on the recommendations. Therefore, the Commission suggests that this be a regular Agenda item at the earliest possible Council meeting, subject to any notice requirements. Members of the Commission will be in attendance to respond to any questions or concerns of the Council Members or others. Thank you for your consideration. June 20, 1996 Motion for recommendation to the Eagan City Council regarding licensing of persons or organizations hauling construction/demolition debris and health and safety requirements for construction/demolition debris management: It is recommended that: • all persons or organizations hauling construction/demolition debris in excess of four cubic yards be licensed under City Ordinance Section 6.37 Garbage, Refuse and Recycling and Ordinance Section 10.01 Public Protection Crimes and Offenses. It is also recommended that: • containers be required at any construction site that generates construction/demolition debris in excess of four cubic yards of debris; • containers be used for construction/demolition debris (wire enclosures and other temporary enclosures are specifically prohibited for debris in excess of four cubic yards); • containers used for construction/demolition debris have the name and phone number of the hauler permanently affixed to the container; and • a list of licensed construction/demolition haulers be provided with all construction permits issued and copy of ordinance section (section referred to). It is further recommended that: • city building inspectors be empowered to suspend construction activities. �y f ADDENDUM 1 ` CITY OF EAGAN SOLID WASTE ABATEMENT COMMISSION REQUEST FOR COMMISSION REVIEW item: Amendments to City Ordinance Section 6.37 -- Garbage, Refuse and Recycling and Ordinance Section 10.01 -- Public Protection Crimes and Offenses On June 6, 1995, the City Council sent back to the Solid Waste Abatement Commission for further review the proposed ordinance revisions which would have resulted in the licensing of construction/demolition debris haulers. At the June 15, 1995 Solid Waste Abatement Commission meeting, it was recommended that a subcommittee would be created to further study and provide supporting documentation before this licensing request would be considered for recommendation to.the City Council. The following information is a distillation of previous commission discussions, subcommittee discussions, and the rationale used in making a recommendation to the City Council. 11 This paper recommends that the City Council adopt amendments to I Ordinance Section 6.37 -- Garbage, Refuse and Recycling and Ordinance Section 10.01 -- Public Protection Crimes and Offenses, to provide for the licensing of construction/demolition debris haulers. 0 ACM91.�. During discussions regarding an organized collection system in the City of Eagan, the commission determined that a.gap existed in the city's solid waste program and all refuse haulers were not licensed by the City of Eagan. Specifically, there were several commapnixi businesses that were using haulers who are not presently licensed by the City. Additionally, the commission recognized that a category of haulers (i.e., construction/demolition haulers) were not required to meet any city licensing requirements. In 1994, there were 10 licensed haulers providing construction/demolition debris hauling services to the businesses and residents of Eagan. It has been determined that at least 26 additional haulers have or are providing this type of service In the City. These ,additional 26 haulers are not licensed by the City. The commission feels that this category of solid waste (construction and demolition) ,and the haulers who service this market should be included as an integral part of the Eagan solid waste -program. IN q 4� 8auler Zneurancet For the same reasons that residential and commercial haulers are licensed, construction/demolition haulers should be required by city ordinance to carry insurance. 8■alth and Safety$ Many times, construction/demolition debris containers are left on-site (i.e., new construction, remodeling, clean-up activities) and littering and blowing of debris take place. Many times these containers overflow and waste materials accumulate on the ground Without a licensing mechanism, it is difficult for the city to require a"hauler/contractor maintain a healthful and safe debris collection site. Container Identificationt The name of the hauler needs to be placed on all construction/demolition containers. This should ,also include the hauler'"s phone number. This is important for health and safety issues previously mentioned. Additionally, container identification is an important tool in the enforcement of a licensing requirement. policy Znoonsistenciest The City of Eagan acknowledges insurance standards, health and safety issues as prime reasons for the licensing of residential and commercial haulers, yet there is a lack of standards for construction/demolition haulers. The commission has recognized that in 1994 there were 10 licensed residential/commercial haulers which had the capability of providing construction/demolition services for the businesses and residents of Eagan. There were more than 26 additional "gypsy" haulers providing these types of services within the city. In fact, the City Hall/Police construction project's contractor has used a "gypsy" hauler to provide construction/ demolition hauling. To commission members, this poses a fundamental conflict of city policy. The City has specific requirements via ordinances for residential .and commercial haulers yet many "gypsy" construction/demolition haulers meet no City requirements. During Commission discussions oforganized collections systems it was consistently pointed out byecommission members that the licensing of construction/demolition haulers is an integral part of the city's solid waste program.--, Attempts to reduce litter, to control truck traffic, or to enforce commercial waste ordinances will be compromised if there are 26 or more haulers operating in Eagan that are outside of any city requirements. Enforcements -Typically, the need for construction/demolition hauling is in conjunction with new construction, renovation, or property demolition. All of these activities normally require some type of building permit from the City. During the course of the permitted activity city inspectors make several on-site inspections. The building inspection department appears to be the best agency for construction/demolition hauler licensing enforcement. When a building permit is issued, a list of City licensed construction/demolition haulers would be attached to the permit. If at any time during the' course of the construction/demolition -a city inspector found a non -licensed hauler's container on-site, the building permit would be suspended. Enforcement would be made easier for the city by requiring that all construction/demolition containers have the name and phone number of the hauler on them. There are some construction sites which do not utilize roll -off type containers and instead prefer a chicken wire-type enclosure for the containment of materials on-site. Many of these sites are notorious for littering and some of the "gypsy" haulers that collect from these sites may not be able to meet an insurance standard required to provide for the safety of citizens in the City. Many of the chicken wire enclosure "gypsy" haulers do not use covered trucks to haul and this results in litter and blowing trash throughout the city. Perhaps a building permit would state the requirement for larger metal containers, minimum size 6 cubic yards, to be used in conjunction with all construction permits issued by the City. Although it is not the intent of the commission to jeopardize an individual or small business opportunities, the Commission questions if this type of "gypsy" hauling meets the health, safety and welfare standards of the City. solid baste Abatement Commission Positions In 1993, the commission briefly discussed the need for licensing of construction/demolition haulers. Again, in 1994 during organized collection discussions of *How the Eagan Solid Waste Collection System Works" the issue of a licensing category for construction/demolition haulers was discussed. Although the City Council indicated organized collection is the commission's number one priority, commission members have unanimously `�7 expressed a need for the city to license construction/demolition haulers. This unanimous support has been the result of extensive review of the existing solid waste collection system in the city. Commission members feel strongly that all solid waste haulers need to be licensed. The commission is submitting this recommendation to the city council at this time because the commission recognized the area of construction/demolition hauling as a gap in the city's solid waste program. While the recommendations from the commission concerning residential hauling will not be affected by this proposed change to city ordinances, it should be recognized that some control over construction/demolition waste hauling is necessary in order to fully address Eagan's solid waste issues. = ,. : It is recommended that the City Council require construction/demolition haulers to be licensed under the City's Ordinance Section 6.37 -- Garbage, Refuse and Recycling and Ordinance Section 10.01 -- Public Protection Crimes and Offenses.. It is further recommended that all construction/demolition containers have hauler identification affixed to them including phone numbers. Finally, the City Council should give consideration to the prohibition of chicken wire-type enclosures used at construction sites. Agenda Information Memo June 4, 1996 - Eagan City Council Meeting B. ORDINANCE :_NAMENDMENT M'1' OUTDOORSEASONAL OUTDOOR SALES ACTION TO BE CONSIDERED: ► To approve/deny an ordinance amendment to the City Code Chapter 11 Sections 11.10 and 11.20 regarding Seasonal Outdoor Sales and Temporary Outdoor Event's. FACTS: The City had previously processed temporary outdoor events as Special Use Permits (SUP). Minnesota State Law views SUP's and Conditional Use Permits (CUP) similarly, in that the permit runs with the land. In 1994, the City Council amended the City Code to reference to SUP's shall require a CUP. The City Code does not specifically address Temporary Outdoor Events or Seasonal Outdoor Sales by definition. Seasonal Outdoor Sales are regulated in the City Code through the Outdoor Storage Section of the City Code. However, the performance standards associated with this section of the code do not specifically refer to Seasonal Outdoor Sales. The proposed amendment modifies the Outdoor Storage performance standards to allow more flexibility for Seasonal Outdoor Sales during the CUP review by the City Council. The proposed ordinance defines Temporary Outdoor Events and establishes performance standards. Under this proposal, no permit is required for the temporary events, however, performance standards will be like a normal zoning code violation. Properties that currently have a CUP or SUP for Seasonal Outdoor Sales may continue to operate as long as the conditions -of the previously issued permit are met. Any change to the use would require an application for a revised CUP. All properties that are currently operating as a seasonal sale or temporary event will be notified of the ordinance change and informed if they may need a revised CUP within 60 days of the adoption of the ordinance. All persons or organizations who have applied for a permit or have had contact with the City regarding Seasonal Outdoor Sales or Temporary Outdoor Events in the last five years were notified of the public hearing. Scott Smith (owner of Smitty's), and Jill Anderson and Patsy Schroeder (co - directors of Blue Cross/Blue Shield Arts and Crafts Festival) spoke at the meeting requesting clarification of the proposed ordinance. A letter was received from Al Baker (owner of Al Bakers) and he expressed concern over the Super America Brat Fry which occurs several times a year causing traffic congestion which effects his business operation. BACKGROUND/ ATTACHMENTS: (4) APC minutesof J e 25, 1996, pages00 throug �Z. Ordinance, pages through p APC Memo, pages through Letter from Al Baker dated July 6, 1996, pages�through�. rA Page 6 June 25, 1996 ADVISORY PLANNING COMMISSION ORDINANCE AMENDMENT - CITY OF EAGAN Vice Chair Heyl opened the next public hearing of the evening regarding an Ordinance Amendment to Chapter 11 entitled "Land Use Regulations (Zoning)" to provide for a Temporary Outdoor Event/Seasonal Outdoor Sales. Associate Planner Dorgan introduced this item. Mr. Dorgan highlighted the information presented in his Memorandum dated June 18, 1996. Mr. Dorgan noted the background and history of this item. Scott Smith, the owner of Smitty's which is located on Yankee Doodle Road and Highway 149, indicated his concerns with regard to the ordinance and whether it would effect his business operations. Mr. Smith indicated that the store often runs "tent sales" and questioned how the ordinance would impact his ability to hold the "tent sales" on a periodic basis. Mr. Smith was concerned with the setback requirement as well as the requirement that the tents be located on a asphalt or concrete surface. Planner Dorgan indicated that he did not believe the ordinance would apply to Smitty's and indicated that Smitty's would require a building permit because of the tent structures. Jill Anderson and Patsy Schroeder of Apple Valley were present and indicated that they were co -directors of the Blue Cross/Blue Shield Yankee Doodle Arts and Craft Festival which originally held its Festival on the Blue Cross/Blue Shield property. Ms. Anderson and Ms. Schroeder were concerned as to the requirement that the tents be located on asphalt or concrete surface and believed that this would impact their ability to have the arts and craft festival on the Blue Cross/Blue Shield property. Planner Freese indicated that staff would like clarification as to when a permit is needed for tents and seasonal outdoor events. Vice Chair Heyl questioned the need for the asphalt or concrete requirement and believes that this should be deleted from the ordinance. Member Segal suggested that both the asphalt and concrete requirement as well as the item on paragraph 6 regarding structural integrity be deleted from the ordinance. Vice Chair Heyl disagreed and indicated that there could be fire hazards present if the tent were not structurally sound. Member Frank questioned the setback requirement and believes it should be 10 feet as opposed to 20 feet. Member Burdorf moved, Member Segal seconded, a motion to recommend approval of an Ordinance Amendment to Chapter 11 entitled "Land Use Regulations (Zoning)" to provide for a Temporary Outdoor Event/Seasonal Outdoor Sales, subject to the following conditions: Page 7 June 25, 1996 ADVISORY PLANNING COMUSSION 1. Adequate off street parking shall be provided ensuring that no obstruction or interference occurs with existing traffic patterns. 2. No portion of the use shall take place within any public right-of-way, private landscaping or turf area. A minimum 10 foot wide setback shall be maintained from all property lines and no portion of the sale shall take place within 100 feet of any property line of any residential use or residential zoned property. The site shall be kept in a neat and orderly manner and the display of items shall not cover more than 5% of the total lot as to not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 4. Signage shall be subject to Eagan City Code Chapter 4, Section 4.20. (Note: The Sign Code allows a maximum of three signs not to exceed 25 SF total.) 5. Temporary stands or tent layouts shall be approved prior to installation to ensure structural integrity and safe fire exiting. 6. The owner/operator of a Seasonal Outdoor Sale or Temporary Outdoor Event shall have the written permission of the fee property owner to locate on a specific site. 7. Hours of operation shall be subject to Sec. 11. 10, Subd. 18 of the City Code. (Note: Hours of operation may be 7:00 a.m. - 1:00 am. except when located more than 200 feet from a residential zoned district.) All approved in favor. dor MINUTES OF THE ADVISORY PLANNING COMMISSION WORKSHOP Eagan, Minnesota June 13, 1996 A workshop of the Advisory Planning Commission was held on Thursday, June 13, 1996 at 5:30 p.m. Members present: Carla Heyl, Jerry Segal, Larry Frank, Dee Richards, Mark Miller, Steve Burdorf, and Don Schindle. Absent: Gunnar Isberg. Also present were: Senior Planners Mike Ridley and Lisa Freese and Associate Planner Steve Dorgan. AGENDA The agenda was approved as presented. NIINUTES The minutes were approved as presented. BUSINESS ITEMS Seasonal Sales Code Amendment Proposal Steve Dorgan introduced the proposed Temporary Outdoor Event and Seasonal Outdoor Sales Ordinance and summarized the reason for the ordinance. Input was requested from Commission members on the performance standards. Mark Miller questioned the reason for the ordinance and whether the issue was a problem. Lisa Freese explained that the City needs a mechanism to enforce temporary and seasonal sales when problems occur. Carla Heyl commented that the City needs to address enforcement of the sales and exterior storage because of the trash generated and the unsightly mess. Mark Miller added that stores should have bigger storage areas. Jerry Segal would like to see performance standards modified for outdoor storage to include sales with a provision for the Advisory Planning Commission and City Council to add additional standards at their discretion. Also suggested was putting the proposed ordinance in report form and to supply the report to persons attending. Land Use Inventory Lisa Freese summarized the land use inventory. Steve Burdorf remarked that the City shouldn't be designed to accommodate specific growth and should be run as a business. Mark Miller added that cities should require properties to develop to their full potential. Larry Frank said that the Metropolitan Council is not accurate in their estimates for cities land use inventories. Mike Ridley advised members that the proposed trucking study will use the land use inventory. Mark Miller added that the land inventory is important in how it relates to the trucking study. NEXT MEETING AND FUTURE AGENDAS The next workshop is scheduled for July 11, 1996. The meeting adjourned at 7:30 p.m. ADJOURNMENT /0� ORDINANCE NO. AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.03, REGARDING DEFINITIONS; AMENDING SECTION 11.20, REGARDING TEMPORARY OUTDOOR EVENTS AND SEASONAL OUTDOOR SALES IN USE DISTRICTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. the City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended by adding to Section 11.03 Definitions, to read as follows: 106. "Temporary Outdoor Event" - is an exhibition and/or sale with a duration of ten (10) days or less which dogs not occur more than once per thirty (30) days not to exceed more than three (3) times -a year and/or a combination of twenty (20) days total in a calendar year. A Temporary Outdoor Event shall include but not be limited to, promotional events, car wash, nursery stock, fresh fruit and vegetables, prepared food, clothing, and crafts. 107. "Seasonal Outdoor Sales" - is the storage and sale of goods located within a temporary or permanent structure that is accessory to the principle structure and has a duration of more than ten (10) days. Section 2. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.20, Subd. 7 (B) "Public Facilities", to read as follows: B. Conditional Uses. 3. Seasonal Outdoor Sales subject to the conditions listed in Section 11.40, Subd. 4, and Subd. 7. C. Permitted Accessory Uses. Within any "Public Facilities" District, the following uses or uses deemed similar by the Council shall be permitted accessory uses: 1. Temporary Outdoor Event pursuant to requirements of Section 11.40, Subd. 7, Q D. Developments within a Public Facilities District shall meet the following requirements: 0-3 Section 3. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.20, Subd. 8(F) "Planned Development", to read as follows: F. Permitted Accessory Use for Commercial and Industrial Districts. Within any "Planned Development" District, the following uses or uses deemed similar by the Council shall be permitted accessory uses: 1. Temporary Outdoor Event pursuant to requirements of Section 11.40, Subd. 7. Section 4. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.20, Subd. 9(C and D) "Limited Business", to read as follows: C. Conditional Uses. 11. Seasonal Outdoor Sales subject to the conditions listed in Section 11.40, Subd. 4 and Subd 7. D. Permitted Accessory Uses. 4. Temporary Outdoor Event pursuant to requirements of Section 11.40, Subd. 7. Section 5. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.20, Subd. 10(C and D) "Neighborhood Business", to read as follows: C. Conditional Uses. 12. Seasonal Outdoor Sales subject to the conditions listed in Section 11.40, Subd. 4 and Subd 7. D. Permitted Accessory Uses. 3. Temporary Outdoor Event pursuant to requirements of Section 11.40, Subd. 7. Section 6. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.20, Subd. I I (C and D) "General Business", to read as follows: C. Conditional Uses. 12. Seasonal Outdoor Sales subject to the conditions listed in Section 11.40, Subd. 4 and Subd 7. D. Permitted Accessory Uses. 2. Temporary Outdoor Event pursuant to requirements of Section 11.40, Subd. 7. Section 7. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.20, Subd. 12(C and D) "Community Shopping Center", to read as follows: C. Conditional Uses. 13. Seasonal Outdoor Sales subject to the conditions listed in Section 11.40, Subd. 4 and Subd 7. D. Permitted Accessory Uses 3. Temporary Outdoor Event pursuant to requirements of Section 11.40, Subd. 7. Section 8. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.20, Subd. 16(D)(1) and (F) 'Limited Industrial", to read as follows: D. Permitted Accessory Uses. Within any 'Limited Industrial" District, the following uses or uses deemed similar by the Council shall be permitted accessory uses: 1. Temporary Outdoor Event pursuant to requirements of Section .11.40, Subd. 7. D-. F. Additional Lot Requirements. Section 9. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.20, Subd. 16(C)(1) "Research Development", to read as follows: C. Permitted Accessory Uses. 3. Temporary Outdoor Event pursuant to requirements of Section 11.40, Subd. 7. Section 10. Eagan City Code Chapter Eleven is hereby amended by adding Section 11.40, Subd. �0J 7, to read as follows: Subd. 7 Temporary Outdoor Events. A. Performance Standards. Seasonal Outdoor Sales and Temporary Outdoor Event permits shall be subject to the following standards: Adequate off street parking shall be provided ensuring that no obstruction or interference occurs with existing traffic patterns. 2. No portion of the use shall take place within any public right-of-way. A minimum 10 foot wide setback shall be maintained from all property lines and no portion of the sale shall take place within 100 feet of any property line of any residential use or residential zoned property. 3. The site shall be kept in a neat and orderly manner and the display of items shall not cover more than 5% of the total lot as to not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 4. Signage -'-shall be subject to Eagan City Code Chapter 4, Section 4.20. 5. Tents and temporary membrane structures having an area in excess of 200 square feet, and canopies in excess of 400 square feet shall be subject to a building permit. 6. The owner/operator of a Seasonal Outdoor Sale or Temporary Outdoor Event shall have the written permission of the fee property owner to locate on a specific site. 7. Hours of operation shall be subject to Sec. 11. 10, Subd. 18 of the City Code. Section 11. Eagan City Code Chapter Eleven is hereby amended by adding Section 11. 10, Subd. 2-3, to read as follows: 2. Modification. The City Council may modify performance standards associated with seasonal outdoor sales provided that such modification will not impair the intent and purpose of such standards. 3. Non -Compliance. Failure to comply with any condition set forth in a conditional use permit, or any other violation of City Code provisions, shall constitute sufficient cause for termination of the conditional use permit by the Council following a public hearing. Section 12. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including "Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 13. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: E.J. VanOverbeke Its: Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: 97 CITY OF EAGAN City Council By: Thomas A. Egan ITS: Mayor S� i — city of eagan TO: Chair Miller and Advisory Planning Commission Members FROM: Steve Dorgan, Associate Planner DATE: June 18, 1996 SUBJECT: June 1996 APC Agenda - Ordinance Amendment ISSUE MEMO Requests for seasonal "outdoor sales (i.e. greenhouse and christmas tree sales) or temporary outdoor everts (i.e. promotional event and tent sale) have previously been processed as a Special Use Permit (SUP) by the City. However, Minnesota State Law views a SUP and Conditional Use Permit (CUP) similarly, in that the permit runs with the land and is not temporary. In 1994, the City Council amended the City Code Section 11.40, Subd. 7 by adding a note stating that any reference to SUP's shall be deemed to require a CUP. Temporary outdoor events are not defined by City Code, therefore, the City has been processing these requests administratively. DISCUSSION In developing regulations for seasonal and temporary outdoor events, several on-site and off- site impacts should be addressed. These concerns include parking, traffic circulation, access, visibility, signage, lighting, site maintenance and structural integrity. ANNUAL EVENTS The City has historically processed a seasonal outdoor sale as a SUP, which requires an annual review by the City. Based on legal staff opinion, a SUP is considered the same as a CUP where the permit runs with the land. A SUP that had been approved by the City is essentially now a CUP. Currently, several SUP's approved by City exist and are in effect Conditional Use Permits. If a seasonal outdoor sale approved as a SUP conforms to the conditions of the permit, no annual review by the City is required as part of the permit. However, if the use changes or the conditions of the permit are not met, the City can require a CUP for the use based on the standards outline in the Outdoor Storage section of the City Code. A seasonal outdoor sale is considered Outdoor Storage by definition in the City Code (Section 11.03). Outdoor storage requires a CUP as permitted by the Outdoor Storage O Memo - Seasonal/Temporary Sales June 18, 1996 Page 2 section of the City Code (Section 11. 10, Subd. 29). This section of the Code is currently the only mechanism for reviewing seasonal outdoor sales. A CUP allows the City to place conditions regulating the duration of the outdoor storage, items to be stored, area of storage, screening, etc., and allows the applicant to conduct the activity (annually, semi annually, etc.), provided they comply with the conditions of the permit. However, the City Code does not specifically define seasonal outdoor sales or provide specific performance standards associated with this type of use. The Advisory Planning Commission has identified that the flexibility to modify Outdoor Storage performance standards to address seasonal outdoor sales should be provided to adequately address issues relating to seasonal outdoor sales. Larger retailers, like Target or Cub Foods, make an application for the same temporary greenhouse on an annual basis. For these types of uses, applicants would be required to apply for a CUP to allow outdoor storage under the City's current ordinance. The CUP would allow the greenhouse as a permanent use on a site for a specific duration (i.e. April - June) pursuant to an approved.plan. An annual or biannual renewal would not be required under this scenario. SHORT TERM EVENTS (not necessarily annual) Short term temporary outdoor events (i.e. MS Root Beer Float Days, SA brat fry, fundraising car washes and outdoor business promotions) may also have a substantial impact on a site and the surrounding neighborhood as well. To fill a void in the City Code, an amendment to provide a definition and performance standards for short term temporary outdoor events is needed. This amendment may include a definition and standards which could be used as a means of enforcement when problems arise associated with the temporary outdoor events. No permit or formal review would be required for these uses. PROPOSAL Seasonal Outdoor Sales The seasonal outdoor sale use is presently processed as a CUP as permitted by the Outdoor Storage section of the City Code. One review process for a CUP is required which would run with the land so long as the use is handled the same each time. One option to more accurately address seasonal outdoor sales would be to allow modification to the existing outdoor storage performance standards. It has been determined that seasonal outdoor sales may be processed as a CUP under the provisions of the Outdoor Storage Section of the City Code. The following is a proposed definition for seasonal outdoor sales and language which may add provisions to the performance standards for Outdoor Storage. "Seasonal Outdoor Sales" - is the seasonal outdoor sale of goods located within a temporary or permanent structure that is accessory to the principle structure and has a duration of more than ten (10) days. / o7 Memo - Seasonal/Temporary Sales June 18, 1996 Page 3 Proposed provision to performance standards for Outdoor Storage: The City Council may modify performance standards associated with Seasonal Outdoor Sales provided that such modification will not impair the intent and purpose of such standards. Temporaryv Outdoor Event Amending the ordinance to permit temporary outdoor events would provide a mechanism for reviewing these uses administratively. One option would be to allow temporary outdoor events (10 days or less) as a permitted use in commercial, industrial and public zoned districts of the City subject to specific performance standards. The following is a proposed definition for "Temporary Outdoor Event" and examples of performance standards that may be used for reviewing temporary and seasonal outdoor events. "Temporary Outdoor Event" - is an outdoor exhibition and/or sale with a duration, of ten (10) days or less which does not occur more than once per thirty (30) days not to exceed more than three (3) times a year and/or a combination of twenty (20) days total in a calendar year. Temporary outdoor events are permitted in all commercial, industrial and public zoned districts of the city provided performance standards are met. Proposed performance standards for temporary and seasonal outdoor events may include the following: 1. Adequate off street parking shall be provided ensuring that no obstruction or interference occurs with existing traffic patterns. 2. No portion of the use shall take place within any public right-of-way, private landscaping or turf area. A minimum 20 foot wide setback shall be maintained from all property lines and no portion of the sale shall take place within 100 feet of any property line of any residential use or residential zoned property. 3. The site shall be kept in a neat and orderly manner and the display of items shall not cover more than 5% of the total lot as to not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 4. Signage shall be subject to Eagan City Code Chapter 4, Section 4.20. (Note: The Sign Code allows a maximum of three signs not to exceed 25 SF total.) 5. Merchandise and exhibition trailers, temporary stands, tents, etc. shall be Memo - Seasonal/Temporary Sales June 18, 1996 Page 4 located on an asphalt or concrete surface. 6. Temporary stands or tents shall be approved prior to installation to ensure structural integrity and safe operation. 7. The owner/operator of a Seasonal Outdoor Sale or Temporary Outdoor Event shall have the written permission of the fee property owner to locate on a specific site. 8. Hours of operation shall be subject to Sec. 11.10, Subd. 18 of the City Code. (Note: Hours of operation may be 7:00 a.m. - 1:00 a.m. except when located more than 200 feet from a residential zoned district.) Due to the impacts of seasonal and temporary outdoor events, uses should be limited to commercial and industrially zoned districts. The uses are not proposed to be permitted in residentially zoned districts but may be permitted in public zoned properties. Temporary outdoor events may be allowed as a permitted use and the seasonal outdoor event would require a CUP. Associate Planner l�( city of eagan MEMO TO: Chair Miller and Advisory Planning Commission Members FROM: Steve Dorgan, Associate Planner DATE: July 8, 1996 SUBJECT: Seasonal Outdoor Sales and Temporary Outdoor Event Ordinance In response to request of the APC, staff has drafted an ordinance addressing seasonal outdoor sales and temporary outdoor events. Attached is a draft ordinance incorporating suggestions of the APC received at the public hearing held on June 25, 1996. The suggestions included .specific changes to performance standards of the proposed ordinance. The changes to the standards incorporated into the attached ordinance include; setbacks for proposed uses, building permit requirements for proposed structures, and the provision for modification of performance standards by the City Council to the existing Outdoor Storage Section of the City Code. The draft ordinance is scheduled for the City Council meeting agenda on July 16, 1996. Staff is requesting a final review of the draft ordinance. Associate r 0 »fib July 6, 1996 To: Mike Ridley From: Al Baker' Subject: Ordinance Amendment- Seasonal Outdoor Sales Thank you for sending me a copy of the proposed ordinance amendment memo regarding Seasonal Outdoor Sales which will be presented to City Council on Tuesday,sday, July 16, 1996. I am expressing a few concerns to you in writing as I will be out of town on the 16th and unable to attend the Council meeting. As you know my concern is the Superamerica Brat Fry which is conducted 4 - 5 times per summer and has a negative impact on my business. As the memo is quite lengthy, my question is does this ordinance amendment address "A business that conducts a promotion that generates an estimated 300 - 500 vehicles between 10:30 A.M. and 1:30 P.M. into the most congested intersection in Dakota County and only has 28 on-site parking spaces." As a resu't of the traffic mess and the fact that many of their vehicles park in my parking lot, at times my lunch business is reduced by as much as 40°- 500. This is not acceptable. This is particularly frustrating thissummer.with the construction on Pilot Knob and Yankee Doodle roads. I can accept the many vehicles that use my lot, 2-3 at a time over several hours to patronize the area busi- nesses ( Q -Burger, S.A., Amoco) but I cannot accept a business that conducts a promotion with inadequate parking that depends on my parking for the success of their promotion at my expense. I have offered my lot to S.A. on Saturdays but not Wed, Thurs, Fri. (3 -2 - This is a different subject Mike but I have a more costly concern with the damage to my parking lot as a result of the heavy trucks that park in my lot to patronize area businesses for coffee, donuts, etc. This would appear to be the result of inadequate parking for the vehicles that the business attracts. In the future I would suggest that planning would more closely access the parking needs of a business as a result of the nature and location of the business. Sincerely, (D - 9� cc: Tom Hedges Shawn Hunter Tom Egan Sandra Masen Patricia Awada Ted Wachter Agenda Information Memo July 16,1996 C. WESTON HILLS DRIVE TRAILWAY ACTION FOR COUNCIL CONSIDERATION: Approveldeny expenditure of trailway funds for construction of a 6' concrete sidewalk/trailway along the west side of Weston Hills Drive from Red Pine Lane to South Stratford Lane and, if approved, authorize the preparation of detailed plans and specs. FACTS: • On October 27, a neighborhood meeting was held at the intersection of Weston Hills Drive and Red Pine Lane to discuss neighborhood concerns regarding school busing, sidewalk installation, and stop sign traffic control. As a result of that meeting, stop signs were installed at the intersections of Weston Hills Drive with South Stratford Lane and Red Pine Lane creating an all - way stop. In addition, School District #196 provided temporary busing of the Weston Hills neighborhood to Red Pine Elementary. Further consideration of any sidewalk/trailways was pending receipt of a petition. • On March 18, City staff received a petition from 59 residents representing 46 properties in the Weston Hills and Pines Edge developments. This petition requested the installation of a sidewalk/trailway along Weston Hills Drive from Red Pine Lane to Cliff Road. • In reviewing the petitioned request with the City's Trailway System Plan, it has been determined that that portion of the requested sidewalk along the west side of Weston Hills Drive from Red Pine Lane to South Stratford Lane meets the goals of the City-wide Trailway System Plan and is eligible for 100% City funding because it connects a major residential area (Weston Hills) to a school and City park. • With the remainder of the requested sidewalk/trailway falling outside of the goals or criteria of the Trailway System Plan, all residents of both subdivisions were informed of the policy to resubmit another petition containing 35% of affected/benefitted property owners for further consideration by the City Council as a special assessment local improvement. • The lead petitioner (Myriam Husmann) and the 3 property owners affected by potential construction of a City funded sidewalk/trailway have been informed of the City Council's consideration of authorizing funding on July 16. • Red Pine Elementary School has added the intersection of Weston Hills Drive and South Stratford Lane to their designated school crossing program and will provide crossing guards at that location. This provides further justification for the extension of the sidewalk/trailway from Red Pine Lane north to South Stratford Lane. ISSUES: • Staff has received many calls from people both in favor and opposed to any additional trailways/sidewalks in this area. ATTACHMENTS: Petition cover letter with petitioners location map, pages " through. Location map of requested sidewalk/trailway. if, 1 Z'7 Location map of potential City funded sidewalk/irrailway construction. �r lJ Z�� 4677 Stratford Lane Eagan, MN 55123 March 18, 1996 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Mayor Council Members Administration Engineering Parks and Recreation Thomas Egan Patricia Awada Shawn Hunter Sandra Masin Theodore Wachter Thomas Hedges Thomas Colbert James T. Lilly Re: Weston Hills Drive Pedestrian Safety Issues - Sidewalkf7rail/Other Dear Council Members and Staff, 1 would like to say thank you to the city for the action taken to place stop signs in our neighborhood as petitioned for in November 1995. It is my belief the signs have slowed traffic in an area of greatest danger where walking students and vehicular traffic meet. To continue improving the safety of our neighborhood, please find enclosed a petition for sidewalks or trails for Weston Hills Drive. As stated in the Stop Sign Petition; We are deeply concerned about the safety of our children walling to school. You are all aware of the problem with the traffic on Weston Hills Drive and the danger the children face twice daily. 1. There are no sidewalks. 2. There are no school zone signs beyond the intersection of Red Pine Lane and Weston Hills Drive. 3. There are two posted speed limit signs. One at the entrance of Red Pine Lane. One at the entrance of Weston Hills Drive. The speed limit is 30 mph. 4. There are no stop signs by the school where all the traffic converges.' 5. There is heavy traffic on Weston Hills Drive. The two heaviest times are when the children are going or coming from school. 6. The roads are narrow, putting the walling children in the traffic lanes. 7. The road approaching the school has no signs posted prohibiting parking. There are typically cars parked on the road forcing the children farther out onto the street. In particular, one area of immediate concern is the stretch of road between Red Pine Lane and Stratford Lane. In this area we have a corridor where all traffic and children converge before dispersing in different directions. (See attached map.) The Eagan Police Department have come out and observed the situation. A sergeant on the department has said himself that it was a very dangerous situation with great potential for an accident to happen. At the recommendation of City Administration and Engineering, the neighborhood approached the Independent School District 196 school board on Monday, November 13th with our concerns. The school boards prompt action (within 3 days) to temporarily bus all the children in our neighborhood speaks more than words I can say. By tefoporarily busing the children, the city is given the time it needs to find a permanent solution to protect these and future children. Sidewalks or trails to get the children OFF the street should be a priority for ne)d spring. "The conditons stated above continue to be true except for the installation of stop signs. l ( G r The introduction of a school in our neighborhood not only increased traffic through a residential area, but also put walking students as young as 5 years old on the same streets. Speeds along the straight stretch of Weston Hills Drive exceed the posted speed limit. Enclosed is a map of the city of Eagan. The 1/2 mile radius has been marked around each elementary school and its main accesses have been highlighted in yellow. (The 1 mile radius is also marked because it is the legal distance the school district could require students to walk.) Also enclosed is.a city of Eagan trailway system map. Red Pine Elementary school is the ONLY school to not have sidewalks or trails on one of its main access routes. The area of main concern continues to be Weston Hills Drive between Red Pine Lane and Stratford Lane. At minimum, this is where action needs to be taken immediately. The petition shows sidewalk all the way to Cliff Road. That is being consistant with the sidewalks provided around other elementary schools. As stated by the city council, no action will be taken without a petition. We are asking the city to look at the safety issue problem, study it, and come up with a solution.* More so, this is not a burden to be placed on the affected property owners alone. This is a city issue to be shared by all city residents who all have the right to use the designated park grounds of Red Pine Elementary School. It is our hope the city is able to come up with a suitable solution to separate walking students and vehicular traffic and to ensure the safety of all pedestrians. Thank you. Sincerely, Myriam P. Husmann * Suggestions given by neighbors both for and against this petition: Federally funded bicycle trail. Sidewalks throughout the entire neighborhood. Sidewalks along the Inver Grove Heights/Eagan corporate boundaries. Sidewalks on both sides of Weston Hills Drive. Widen the streets to allow for on -road trail system. Do nothing. lt� PROPERTY OWNERS FOR TRAILWAY INSTALLATION K. ILI' t o m m zea. 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