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09/17/1996 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING SEPTEMBER 17, 1996 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE $BARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS (BLUE) V. CONSENT AGENDA (PINK) �. A. r_3 B. •! ty D. AE . � r � F. G. 1 H. I. j� J. K. 2 L. M. 9 N. 0. P . .Y Q. P•�� R. VI: •700 FVII. NEW �!' 5?A. U P, B wl ram E PERSONNEL ITEMS RECOMMENDATION, Burnsville -Eagan Cable Communications Commission, resolutions consenting to simultaneous transfer of Meredith Cable to Continental Cablevision and from Continental to U.S. West PROJECT 686, Receive final assessment_ roll/schedule public hearing (Woodgate Lane - street reconstruction) PROJECT 655, Receive final assessment roll/schedule public hearing (Northridge Dr. - Streets & Utilities) CONTRACT 96-19, Authorize final payment/acceptance (1996 - Sealcoating) PROJECT 691, Amend public hearing date (Clemson Dr. - Final Assessment Hearing) PROJECT 681, Amend public hearing date (Nicols Rd. - Final Assessment Hearing) CONTRACT 96-12, Approve change order #1 (Northwoods Dr. - Street & Utilities) PRELIMINARY PLANNED DEVELOPMENT, FINAL PLANNED DEVELOPMENT and FINAL SUBDIVISION (Safari at Eagan Third Addition) Fortune Realty FINAL SUBDIVISION, (Eagandale Corporate Center) Maplewood Acres Inc. FINAL SUBDIVISION, (Seneca Hills) IGA Investment Group FINDINGS OF FACT, Citi -Cargo Storage Co. Inc. ADOPT Resolution to continue participation in the Metropolitan Livable Communities Act for 1997 EAGAN PROMENADE sign revision (Byerly's) FINAL PLANNED DEVELOPMENT and FINAL SUBDIVISION, (Eagan Promenade 2nd Addition) Healey Ramme Company RESOLUTION Authorizing Mighty Ducks Grant application PROJECT 674, Approve Stipulation Agreement of assessment appeal (Violet Lane - Streets & Utilities) RESOLUTION Amending the Eagan Comprehensive Guide Plan (Woodcrest Church) - PUBLIC BEARINGS (SALMON) VACATE, Public right-of-way, Aldrin Drive BUSINESS (TAN) CONTRACT 96-01, Receive bids/award contract (Eagandale Corp. Center) PRELIMINARY SUBDIVISION (Town Centre 70 Nineteenth Addition) of 8.77 acres to create one lot and one outlot for property currently platted as Outlot A, Town Centre 70 Fifteenth Addition and a CONDITIONAL USE PERMIT to allow a carwash in a CSC (Community Shopping Center) zoning district located in the northwest quadrant of Denmark Avenue and Duckwood Drive in the NE 1/4 of Section 15 CONDITIONAL USE PERMIT, Shaw -Lundquist Assoc. Inc., to allow the outdoor storage of construction equipment on Lot 2, Block 1, Eagandale Center First Addition, P.I.D. #10-22490-020-011, located on West Service Road in the NE 1/4 of Section 3 ORDINANCE amending Chapter 2, Section 2.11 of the City Code regarding salaries of Mayor and Councilmembers DAKOTA COUNTY 5 Year Capital Improvement Program (1997-2001) LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) IX. ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOUR ONT XII. 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. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL .,:.:--tagan, Minnesota 3, 1996 A regular meeting of the Eagan . Y... -. t� . Tuesday, September 3, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor *"*''**"*�'i'�n"*'i'6d Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Adiift'strator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Att&a'ey Jim Sheldon. Councilmember Wachter moved, :Councilmember Masin seconded a motion to adopt the agenda as modified. Aye: 5 Nay: 0 Councilmember Hunter requesteo:orT:pggg!:6;::tbe,.,ficst..sentence of the second paragraph, the words the difference between be deleted. He 696:r*a"q*"4'-'1's-C's:' t4a,:04:Page 1, the motion should be changed to read, "a motion to receive the petition for a stop sign on Slater . Road @ James Street north and approve the installation of a three-way stop sign on Slater Road @ the southern intersection of James Street." Mayor Egan noted a typographical correction to page 8, the last paragraph, Peterson should be changed to Pedersen. Councilmember Masin requested th'- cond sentence of the seventh paragraph, the *::requested on page 17, the first sentence of the word be should be added before the wor4,als "-*': second paragraph, Awada should be added after the word Councilmember. Councilmember Hunter moved, as amended. Aye: 5 Nay: 0 IYO11 a motion to approve the minutes Councilmember Masin requested that the first sentence of the last paragraph on page 2 end after the word problem. She also requested the following sentence be added after the first sentence, 'Whatever agreement is proposed should be very do.tOilediW pre.ci�6:1 Councilmember Wachter movedi:Q--0uncilrnW':':.n . Or Hunter seconded a motion to approve the minutes an ampnripri Avp- _R wmv- n City Administrator Hedges gave an overview on this item. Joanne Seaberg of the Dakota Council for Healthy Communities explained the concept of healthy, non-violent communities. She referenced the peace packets presented to each of the Councilmembers and explained that she would be available to provide support. Councilmember Hunter moved, seconded a motion to approve a resolution supporting the "Building Non -Violent COMM.'hities... Pea ace" campaign and pledging to support and sustain violence prevention efforts and work towards=ng violence in our community. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 3, 1996 PAGE 2 CONSIDER CITY CODE AMEI4b1iAtW- T©:-AIJDRI=SS DISRUPTIVE PRESENCE AT SCHOOLS OR PUBLIC PLACES City Administrator Hedges gave an overview on this item. Chief of Police Geagan added that the language proposed would give the police the authority to remove an individual who is creating a disturbance in public places. Councilmember Awada moved, CWncilmember Masin seconded a motion to approve authorization for staff to prepare a City Code amendi� i? t to aaift�ss disruptive activities at schools or public places. Aye: 5 Nay: 0 In regard to Item S, Confirm Procedure: ' Itivi3stiiet7ori. enforcement and possible revocation. Richfield Blacktop Company Conditional Use Permit, Councilmember Awada asked about the recommended action being proposed. City Administrator Hedges suggested that Item S be removed for discussion, but not continued. In regard to Item A, Letter of resignation of Mana:Mii),s as a Clerical Tech II/Receptionist in the Finance Department, Councilmember Masin noted:#1 f'iiKe:'was the major contact person for those e residents who experienced storm damage.:atatl:#13~ailficcl:ter for all her help and wished her well. Hedges added that she has been an excellent eftlov6e and wil3:be missed. In regard to Item C, Contract 95-16. Approii : engg C?rder #2 (Well #18 - Pump). Councilmember Wachter asked Director of Public Works Colbert why ttie�C&pcity of the aquifer exceeds the original pump parameters and if this would be the last well that would need to: be drilled. Colbert indicated the capacity of the aquifer has historically allowed 1200 - 1400 gallons per minute to be pumped. He added that the sandstone aquifer of this well is more porous which will allow a greater volume of water to be pumped from this well without an affect on any of the other wells in the vicinity. He further added that by increasing the size of the pump, there will be about a 50% increase of water from this well. He stated that this will be the second to the last well needed in the south..we :field and .he:.rxated that the last well will not be needed for another ten years. In regard to Item G, r 26 "Make a Difference Day". Councilmember Masin asked if the City had any plans foi?Ojoy activit or programs in regard to this day and also in regard to the Building Non -Violent Communities:.c:;.F48cs:by qpmpaign. Hedges noted that the State also acknowledges Cities Week. He stated that S. :*:p Lone Oak Days and Cities Week. He said that collaboration could occur in regard to Make a Difference Day and the Peace by Peace campaign. He suggested that collaboration could occur with other cities as well. Councilmember Masin suggested sending notices referencing the two proclamations to area churches. In regard to Item O, Accept Quotes. L,D�I &gip Area Network System. Councilmember Wachter asked for clarification on the information ss#rirtitl fioaiii::it::all interrelates. Hedges indicated there has been a desire by the Council to network.Qi::the departmeitits.:in the City. He stated there is a financial advantage, as well as a technological adveiitage, having a rtetwork system. He added that E-mail will be available with networking and there wilt: also be the abilAy.: to be on the Internet. He noted that Councilmember Hunter has been invti#tt d with thlS.: 966 because of his expertise in computer EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 3, 1996 PAGE 3 technology. Kristi Peterson, MIS Coordiriaior, addressed the Council and added that networking will aid departments to work more efficiently. She.::also stRted-Jt::wiu:help the City relate to other cities and the community too. Councilmember Wachtej A k6' d:i ;>jhti air : t j5 ussed in the budget. Hedges stated this was separate from the upcoming budget,, but was discussed a year ago by the Council. He noted that GIS was discussed for the upcoming budget.:: :touncilmember Wachter stated he did not want any duplication of services in the budget. In regard to Item S, Confirm Procedure. Investigation. enforcement and possible revocation Richfield Blacktop Comfy Conditional Use Permit City Administrator Hedges provided an overview and history of this item. City Attorney Sheldon. discussed the chronological history surrounding this issue. He stated the City has scheduled September*.*N as tha:.date to check for compliance on the conditional use permit issues by Richfield Blacktop Com'- any. Her::etlded that Richfield Blacktop has indicated they will request amendments to some of the exis it b condif6s via a new CUP application. He said that the issue before the Council is whether the conditions of the'cdihditional use permit are being complied with and not the use itself. He added that the use ha:beendetrmined:to:!?e:a permitted use, subject to the conditions of the conditional use permit. He wentofi tv: n process for the conditional use permit. He suggested the Council make the determination on September 26 regarding compliance and also whether or not to set a public hearing for revocation or make a determination about the request for an amended conditional use permit that will be before the City Counci at a future datel. He mentioned that the parties involved have their own remedies they are entitled to seek, apart and separate from any action the City Council takes. Councilmember Masin stated the two..mait..'_ iis'are the diesel fumes and the noise associated with this operation and added that these::':t�b':issues wili:: not be addressed with conditional use permit compliance. Sheldon said that the conditional.. use perrxiit does not address diesel fumes nor the noise issues. He added these are use issues'exib::tki ;::Gity..Council has already determined that this is an appropriate use for the site. He added that nois6-'24riti.4u' nws. could exist whether or not this particular company was at this site. Councilmember Masin asked:f.:it::would be helpful, during the period the company is coming into compliance, for air quality testing and noise level testing to be conducted. Sheldon stated that with respect to the conditional use permit and code violations being addressed by staff, these issues are not being addressed at this time. Sheldon noted the process that is being followed is timely and quick in regard to due process for all parties. He suggested that if a determination is made that the company is not in compliance with the terms -of the conditional use permit, a public hearing date should be set approximately 30 days out, and the.{ OVIFICii:can.theii:c iiiuct the hearing and make a determination regarding revocation. Councilmember Hunter stated th t:.if the cord tions of the conditional use permit are met, then the use is acceptable. He added that he srapports folltibvFitig the same procedure in every instance. In regard to Item V, Tobacco Liceii5e:' CeRi3r-lM*'.:AW1'*Sip rits. Councilmember Wachter stated he was voting against this item, and would vote against all tobacco licenses in the future, to ensure the protection of youth. A. Personnel Items Item 1. For information only; no action regitjf d: ' Thd'o"h.to be recommended as a Water Production Maintenance worker is Paul Teicher. Item 2. It was recommended to approve hiring of Brandb3 :Cashman as a Skate Guard at the Eagan Civic Arena. EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 3, 1996 PAGE 4 Item 3. It was recommended to accdof"the letter of resignation of Mary Mills as a Clerical Tech II/Receptionist in the Finance B. Recommendation. AiEport Relations.. Commission. ­Su�grt of Aviation Noise Limit Act, It was recommended to approve a recommend 46"U'p of the Airport Relations Commission to support the Federal Aviation Noise Limit Bill. C. Contract 95-16, Approve Change Order #2 (Well #18 - Pump), It was recommended to approve Change Order No. 2, Contract 95-16 (Well No. 18 - Pump) and authorize the Mayor and City Clerk to execute all related documents. D. Contract 96-02. Approve Change Oft #2 (Welt*18 - Site Improvement), It was recommended to approve Change Order No. 2 to Contract W02 (Will:JJo. 18 - Site Improvements) and authorize the Mayor and City Clerk to execute all related docdh�ants. E. Project 691, Receive final assessm n146IV6di&di-iI8:bjM�:h'L6aring (Nicols RokL It was recommended to receive the final assessment roll for Project 691 (Clemson Drive - Streets & Utilities) and schedule a public hearing to be held on October 1, 1996. F. Project 681, Receive final assessment roll/schedule public hearing (Nicols Road). It was recommended to receive the final assessment roll for Project 681 (Nicols Rq4id:= Street & Storm Drainage Improvements) and schedule a public hearing to be held on October..1-1. G. Proclamation. Declaring Octi Saturday, October 26, 1996 to be ce Day". It was recommended to proclaim in the City of Eagan. H. Amend, Development contract completion dat6s*::f&.::QApsh Addition - Wayne Brekken. It was recommended to approve a request to amend the compf6fl6n:t¢kes in the approved development contract for DeLosh Addition. 1. Amend, Development contract completion dates for Town Centre 100 Sixteenth Addition - Allina. It was recommended to approve an amendment to the development contract completion dates for the Town Centre 100 Sixteenth Addition (Allina Health§y;t ms) located at the SW intersection of Lexington Avenue and Yankee Doodle Road. J. PrelominaU Planned Development, Farrel: Planner: • evelopment and Final Subdivision (Safari at Eagan Third Addition) Fortune Really, This items was continued to the September 17, 1996 City Council meeting. K. Public Works Committee Action ( It was recommended to receive the recommendations of the Public Works COMM e 2Mif tleny:ft request of Maplewood Acres, Inc., for the Eagandale Corporate Center Addition. L. Final Subdivision, (Eagandale CoMorate Center) Maplewood Acres Inc. This item was continued to the September 17, 1996 City Council meet' X: M. Final Subdivision. (Seneca Hills) IG.,&.:i This item was continued to the September 17, 1996 City Council meeting. �Jog Mm- 1:1 MMZT-11119=- 0-=0 a F-Tirs1111112 MwWA9T@tMT@NW9f Mn -71=* =0 a V EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 3, 1996 PAGE 5 approximately 14 acres at the southwesfG"*0"*M*er of Lone Oak Road and Pilot Knob Road in the NE 1/4 of Section 9. It was recommended to apprqve:..e:.-Finat.:Ptmne.d.-Development to allow construction of 63 condominiums on Lots 1-16, Block 1 Tir�"b'."e*T'**"'I* the NE 1/4 of Section 9. ion, on approximately 14 acres located in O. Accept Quotes, Local & Wide Area NNWork System. It was recommended to accept the low quote of OPM Information Systems for the local and wide area network hardware and software, authorize a request for bids for the network cabling and wiring, and approve funding the network system project from the 1995- 1999 MIS CIP allocation. P. Resolution, A ial leaislafld*'�tIauthorm4ag additional on -sale intoxicating liquor license, It was recommended to approve the resoluti6i" ..I.... special legislation authorizing additional on -sale PP.'. approvR SID 9 intoxicating liquor licenses. Q. Kern. DeWenter. Viere.Ltd., EngageMg0t:I6tteC:f*r-.aud 7services --year -eading December 31, 1996, It was recommended to approve the engeiiig"*6trViere, Ltd., to provide auditing services for the year ended December 31, 1996. R. Authorize, plans and specifications for Emergency Vehicle Preemption, It was recommended to authorize the preparation of detailed plans and specifications for Contract 97-01 (Emergency Vehicle Pre- emption System) at all signal locations within the City. WN1=11 a ='-Mms "I= - �- N74 U11 N I T. Resignation. APRNRC. It was recomm eiihdid Recreation and Natural Resources Commission . a public hearing for October 1, 1996. the letter of resignation from the Advisory Parks, U. Extension, for recording of the plat for Galaxie Cliff Addition (Kindercare). It was recommended to approve an extension of recording of the final plat for Galaxie Cliff Addition until December 31, 1996. V. Tobacco License. Cellars Wine & Spirits, It was recommended to approve a tobacco sales license for Cellars Wine & Spirits located at 2113 Cliff R.ppo: (Councilmember Wachter voted against this item.) Councilmember Awada moved, a motion to approve the consent agenda as amended. Aye: 5 Nay: 0:::-:-,:. .............. i"*Y'15 ALDRIN`61WE Mayor Egan opened the public hearing to anyone wishing to speak. There was no one wishing to speak. Councilmember Hunter moved,Cgtlxitii ' seconded a motion to continue the public hearing to the September 17, 1996 Ci C4_iMcfl meeting::.-' 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 3, 1996 PAGE 6 PROJECT 708, (WESCOTT ROAD'EXTENSION & PILOT KNOB ROAD SIGNAL REVISION) City Administrator Hedges gaveil.flvei*tivafsiern. Director of Public Works Colbert gave a staff report. Tom Sohrweide, Short, Elliott, Hendrickson, Inc., discussed the proposed improvement, including easements, permits, cost estimitt , assessments and the project schedule. He added that they are requesting the City approve Option 1;::which is for the developer to pay 100% of the costs. Councilmember Masin asked why the County was not allowing a median. Sohrweide stated that the County did not want a median because it would create alignment problems since there would only be a median on one leg of the intersection creating left tum safety concerns. Mayor Egan opened the public Ijoaring to an one wishing to speak. Rollie Crawford, attorney for Jim Horne, addressed the Council and :Sated tha :ihe initial entrance to the development was planned further to the north. He added that this nfw access:js preferable to both the developer and the City. He further added that the drawbacks were through what is essentially a municipal parking lot. He noted that they wanted td hiaiie:: -:en pe with a median, but noted that a median will not work at this location. He went on to discuss the cost estimate. He stated the developer would be willing to pay the equivalent cost of a residential street with the City assuming the rest of the cost. He added that the controlled access benefits the residents, as well as the City. He requested the costs to the City consist of the relocation of the signal lights and the construction of the parking area. He suggested that their contractor perform all the work, except the relocatiQrt.)of the signals, in order to reduce the cost of the project. He added that the developer would. AD::add additional landscaping. There being no one else wishing:¢ Director of Public Works Colbert stated that i developer was in providing the only accessl gan turned the discussion back to the Council. for assessing the full cost of the project to the is location. Councilmember Wachter asked what advantage the:40eloper would have received by using the initial access rather than this proposed access. He stated he felt this new access was advantageous for the development for the safety of the future residents. Colbert indicated that staff tried to address the benefits of the initial entrance at the time of plat consideration. He added that the site lines were not good at the initial entrance and he further added it would have been difficult to get in and out of the subdivision without any traffic control. He said they worked with the developer, who was cooperative, in trying to evaluate the opportunities to come out at Wescott Road. Councilmember Awada asked what it would have cost ta:€ itis' aCcS$ wCiete it was originally proposed. Colbert stated a cost estimate was not prepared ani#::estimates �jt' would be approximately the $34,000 residential equivalent as identified in the report. Councilmember Wachter ld affect the Fire Administration building. Councilmember Masin asked if Mr. Homiewould'fiavah e#avired to create the northern access. Colbert stated that the initial access was approved with the first preliminary plat. He indicated that the City and the County worked with the developer to have him give consideration to relocating the access. Councilmember Masin asked if the developer had been told, if they moved the access point, that the City would participate in the new design. Colbert did not recall making.a!lx..commitment to that affect. He added that the Council gave staff direction to come back with optiorw:— -buni ild)gfter Hunter stated that both parties benefit from the access at the new location. He noted:. *'the deve3e per benefits by getting right -of --way and better access. He further noted that the City'$':Pe onsibility is tFF ;relocation of the signal. He stated that the right-of-way is being given to allow for.,yvider road. Councilmember Wachter said that Option 2 is the fairest one of all the options. EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 3, 1996 PAGE 7 Discussion occurred regarding the:Mddian. Councilmember Masin suggested working cooperatively with the developer on landscaping. Coltrk..tated;:e::tst::s timates do not include any landscaping improvements. Councilmember Wachter moved;::Oouncilmember Hunter seconded a motion to close the public hearing and approve Option 2 (City cost -*$84,225 and developer cost $60,420) of Project 708, without a center median, and require the developer to provide the entrance landscaping and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 Colbert asked for further cladfic0on on landscaping. Mayor Egan stated he preferred the developer do the landscaping and corraei:::back wi#tt: a proposal. Mr. Crawford stated that would be acceptable and asked if the project could: lie done zs.:a part of their overall street construction in order to shorten the timeframe and reduce the cast Colbert:Said that the portion the City is proposing to fund is associated to the relocation of the signal:":':He noted::that this is a Dakota County signal and there would be a cost participation agreement betwe :xFle;:Gity::of:Eagan:and Dakota County to share the cost. He added that expenditures of public dollars fir, Ug:tie:tiorri;< thr,aitg#i:a public improvement contract. He further added that the remainder of the costs, which are the developer's obligation, is up to the Council's discretion if the developer should perform the improvement and tum it over to the City for maintenance or if the improvements should be done under City contract. He noted that these details could be worked out with the developer if the Council would be willing to provide the flexibility for both options. Councilmembers concurred that the developer should have the option of doingAhe project at the lowest cost possible, as long as it meets City standards. Colbert stated he wgyld:6E0W:comfortable with the developer performing any of the signal revisions or modifications.....Councii''lbers concurred. Colbert indicated that the cost of the feasibility report would be split ba si# c#0N `partie pation. PRESENTATION OF COMMUNITY SURV&/WALLACE GROUP City Administrator Hedges gave an overview on this item. Roy Wallace, representing the Wallace Group, discussed the results of the community survey. Mayor Egan thanked Mr. Wallace for presenting the favorable survey results and for his efforts. Councilmember Hunter stated he was pleased with the results of the survey, as well as the quality.::pfi:th0:.eurvey,::a$:#spared by the Wallace Group. He noted that, although the City has taken steps::: q:::impioye:::thO.::r dfi kation process in regard to development proposals, more creative steps still need Sia:i a pursuit: He suggested publishing notices in the newspaper using street addresses vs. legal descriptions. Maydir Fgan said that the product that has been produced carries a great deal of credibility. Cou'W"'.6embet:lWasin thanked the participants who took part in the survey. Mayor Egan stated that the sursia efe;.efts: itri::ueed.#p.improve deficiencies that are perceived by residents. Councilmember Wachter noteif:il at�f<f'i :itp00ifi:ils:mailable to the public. Hedges thanked Assistant to the Administrator Holly Duffy and Communications Coordinator Joanna Foote for working with the Wallace Group. Mr. Wallace thanked both of them and also acknowledged Plasman Compass and Frazee Research Associates for their assistance. Councilmember Masin suggested that copies of the report be-.W*:-W%ibree school districts. Councilmember Wachter moved; CkWncilmernber ill bw seconded a motion to receive the results of a survey of residents, attitudes and opinions as submitted*:* the Wallace Group. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 3, 1996 PAGE 8 .• �Jidi�IJi<< AMENDMENT, C1'TY,.tODE:OH Ptf.Ft 6.37 AND 10.01 LICENSING OF CONSTRUCTION DEBRIS HAULERS AND THE STORAGE OF WNSTRUCTION DEBRIS City Administrator Hedges gave an overview on this item. Councilmember Hunter asked about the notification list and where it originated from. Communications Coordinator Joanna Foote stated that the list originated from the Building Inspection Department and included builders who have been active in Eagan during the past two years. Councilmember Wachter movid:::: Councl�,� Ember Hunter seconded a motion to approve an ordinance amending Eagan City Code;::'Chapter ;0 7 and 10.01, to require licensing of firms hauling construction or demolition debris and amending City:'requirements for the storage of construction debris, as presented. Councilmember Awada stated she is opposed to more regulation for this industry and feels the cost will be passed on to the consumer and will not affect any builders. Councilmember Hunter noted that he is supporting this because, as the last 20% of the City is being built out, every construction activity will be next to someone and there needs to be more control. Councilmember Wachter concurred and stated that it will be an advantage for the builder to have these system- S:n place. Ms. Foote added that she has documented eight phone calls since the letters were..sai�;.: tl�e questions were primarily for clarification. She noted that seven of the eight calls were:.q�i00W:tc5:. a amendment. She further noted the primary concern was if the City would limit the rW .4 of licenstI;o issued. She added that other concerns were competition, due to limited licenses beinq.JAsues, and::come callers also felt this would hinder small business people more than larger industry. : >:::>:....:..:.:.:...... Roll call was taken on the motion. Aye: 4 Nay: .'f::(Councilmember Awada opposed) CONSIDER PETITION FOR STOP SIGN - DEERWOOD DRIVE AT RIVERTON City Administrator Hedges gave an overview on this item. Director of Public Works Colbert gave a staff report. Councilmember Hunter asked.about the radar traffic survey mentioned in Kevin Putt's letter. Colbert indicated the residents' survey cosi#fiinird:a.vaci ty: Qf #eeds recorded, but not all the dates were included and some of the dates did notit0respond'.-W:A996. He also noted that the locations where the speeds were taken were not identified. 4V. -Stated ttte:t*ngineenng Department then conducted their typical speed analysis. Councilmember WachW.:stated there are two different speed limits on Deerwood Drive. Colbert stated that there is a speed limi Sign.Qf 40:M0h.on Deerwood Drive west of Pilot Knob Road, and then there is a reduced speed zone for;tk>ir ; inAi:i ietrlc:?AiFifth reduces the speed limit to 30 mph when children are present, and then the 40 mpFispeed'I'imif-t6kii d past the school. Councilmember Wachter suggested making Deerwood Drive 30 mph the entire way. Mayor Egan asked Colbert if MnDOT would allow the speed limit to be changed. Colbert indicated that MnDOT has already officially set the speed limit at 40 mph from Pilot Knob Road to east of Riverton. He added that the area from Riverton to Blackhawk is classified as an urban district allowing the :C,ity.4Q::reduce the speed limit to 30 mph. Kevin Putt, 1737 Deerwood Driand referenced the petition that was submitted to the Engineering Departmedf::::ale stated his coricem with the excessive speed was based on the fact that he is a police officer and alsQ•a resident of the area. He noted that Jim and Joan Lasser, 1713 Deerwood Drive, approached him and 0e xplained to therm:#tie procedure to request a speed survey be EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 3, 1996 PAGE 9 conducted by the City. He further noted `4ii3t he received permission from Captain Sewald to use a spare radar unit. He explained that he showed ft-1asseII:bow-- :use the radar unit. He suggested that Director of Public Works Colbert should have cor t t P:1eIarify the questions associated with their speed study. He said that the City perkmned a speed study, which was conducted by an Engineering Intern, and it was not performed correctly:::::He mentioned that, at the comer of Riverton and Deerwood, there is a house with a fence which can bbttruct vision, depending on the stopping point of a vehicle. He discussed the issue of safety with regard to crossing Deerwood Drive to get to Blackhawk Park and the school. Colbert stated that the results 4f.@. subsequent speed study that Mr. Putt personally conducted correlated with the results of the speed:study conOWed by the City. He stated that he agreed with the analysis of the speeds on Deerwood Driiieti but he id he did not feel there were any site obstructions at the intersection of Riverton and Deerw(5*Qd Drive.::i�ouncilmember Hunter stated that it is important to respond to the customer. He said that tFi2:�nalysis:of the speed studies by both the City and Mr. Putt are the same. He referenced the MnMUTCQ;:Wbi?t l rates;:":$".signs should not be used for speed control." He noted that if the Council believes th2t:s€at2t;::ttiy'i to adhere to it. He asked Colbert how `actual that statement was. Colbert stated that studies have been done that have shown that speeds in )etween stop signs tend to increase as a result of drivers trying to make up for lost time spent stopping, at what a driver perceives, at unwarranted stop signs. He further stated that if a roadway is conducive to a certain speed and a stop sign is interjected at a location that is not anticipated, there is an opportunity or a driver to ignore the stop sign creating a hazardous situstisin. He added that stop signs were meant for traffic control and not speed control according to.. Councilmember Awada said that:tt�i 6::heeds ta::pe a safe intersection where people can cross. She noted that stop signs in residential areas are good ahict: provide a safe crossing. She further noted that she feels this way about other stop signs as''weil':. _�tilbert.provided clarification on the trail and the sidewalk along Deerwood Drive. Councilmember Wachter *st'si6— d #iat`:Xthe stop sign is approved, there will be many more requests for stop signs in order to help reduce speed-:::::tJlayor Egan added that a functional street system is designed to get people safely from point A to point B and putting stop signs where they do not meet warrants would create dysfunctional traffic. He further added that staffs recommendation and the MnMUTCD guideline should be followed. He noted that safety issues need to be resolved correctly without creating greater problems. Councilmember Masin asked if the request for the stop sign was based on the speed issue vs. traffic. Mr. Putt stated the re',idents on the east end of the block have difficulty in getting out of their driveway. He mentioned that;th 0'0i; : bearx:gkNMstive radar enforcement done and there is no sustained affect on speed. Mayor Egan reiterated that the Fasults obtained by Mr. Putt's speed survey support the results of the staff and the information as stated iFi::#�ie MnMt. TCD. Councilmember Awada questioned what other if options are available to control hter suggested putting pressure on the Highway Department to change their opmiiirt'flf'tfie't :Ilhit.":Councilmember Hunter stated the Council has established a policy with regard to the installation of stop signs and needs to follow that policy in every situation. Councilmember Wachter moved, Counci1me; ber Hunter seconded a motion to receive the petition for the installation of stop signs on Deerw.oAd: I�M�*.-,iv*.rton Avenue and deny the installation of the request for an all -way stop condition. Aye:: Nay: 'I""00%cilmember Awada opposed) CONSIDER PETITION FOR STOP .SIGN - WILDEW4�$S CURVE & WILDERNESS LANE City Administrator Hedges gave aid a enri :UR:;thi0:,-** n. Director of Public Works Colbert gave EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 3, 1996 PAGE 10 a staff report. • • . Councilmember Hunter moved,Ii is sN gar :*eciri a motion to receive the petition for an all - way stop condition at the intersection of Wilderness Curve and Wilderness Lane and deny the installation of the requested stop signs. Aye: 5 N CONDITIONAL USE PERMIT - CITI-CARGO STORAGE CO. INC. Mayor Egan turned the meeting over to Acting Mayor Hunter due to a potential conflict of interest. City Administrator Hedges gave an overview on this item. Senior Planner Ridley gave a staff report. Allen Ofstehage, Senior Vice-PresidentlSecre&ry W.D.:::: arson Companies, LTD., Inc., Citi -Cargo Storage Company and Allstate Leasing Corporatic .i .addressi;4 the Council and discussed their business use, which is the renting and leasing of trucks and b. -milers. Ne::$tated that the drop from Highway 13 to the bottom of Yankee Drive is about 30 feet, which Would maks-it difficult to screen. He added that from the bottom of Yankee Drive their parking facility is cdMp>a W;-:$creened:ty..the berm and full grown spruce trees. He noted that their business is somewhat say that when he appeared before the Planning Commission on July 23, the issues of visibility and the size of the parking lot were raised. He added that, at the meeting, he asked for the decision to be continued to the August 27 APC meeting. He further added that, in the meantime, he engaged the services of BRW Engineering to try and create solutions to the objections. He stated he feels they do fit well in the neighborhood with their business use. Councilmember Wachter asked if the landsWpe:. hed been presented. Ofstehage stated that a landscape plan had been submitted. Councjknefxib'r U1' iter asked if the issue of water quality had been addressed. Ridley stated that it had bee�:addidssed. Cpuncilmember Awada noted that the applicant is asking for storage to be the principal use' on .0utlot B aiki she asked if storage was ever allowed as a principal use before. Ridley said that an &-d'iiz*t pq�:.wa.s.adopted last year addressing situations where businesses were landlocked and needed more parking :ts� 5 - age due to the growth of the company. He added that as long as the use proposed was within 6001660 the principal site, they could apply for a conditional use permit for off-site storage and/or parking as a principal use of that parcel, provided that it is servient to the principal parcel. He further added that if the use changes, then the conditional use permit is no longer valid. Councilmember Masin asked if this proposal would be, addressed under the Trucking Study that is being conducted. Ridley stated this use:vlpulii:'l a addr?esi :in that study. He noted that the study will primarily address trucking facilities that::ii'gpact' regidep taT'-areas. He further noted that there will be residential coming to the southeast of tlii5:area. Cofl>•ibilmember Masin asked if there would be any merit in continuing this item until the study is completed. ,Councilmember Hunter asked about the time limitation. City Attorney Sheldon stated that the ".i.l has 4days to act on the proposal, unless an extension is received from the applicant. Sharon Zauhar, a representative of Blue Cross Blue Shield of MN, addressed the Council and expressed their concerns regarding the aesthetics of the parked trailers. She also stated that the majority of the space to be occupied by the trucking facility is proposed for storage. She added they would prefer indoor storage of the trailers. She further added.•that they are concerned with increased traffic and the safety of the employees of Blue Cross Blue:; loiii2ft�:fesidents of the area. Councilmember Wachter stated. t ;' although there *natural screening from Highway 13, this use would not be advantageous to future.. residents of the :.0rea. Councilmember Masin concurred. Councilmember Hunter asked the City Aitiorney if the reason'i'lbr denial that were given by the Planning Commission on August 26 were sufficief:Wpm Ipo::fi�j>;3jng ;;Eif Fact. Sheldon stated that the Council's EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 3, 1996 PAGE 11 discussion, along with the Planning Commission's minutes and discussion were adequate to prepare findings. He further stated the Council.of the findings. Councilmember Hunter .. . _p if asked if the Council would be within the**­'::'t*1* M'%*'W.�*'M*e"(:1"l" kiy moved to prepare findings and ratified them at the next meeting. Councilmember Wachter moved,:"C6uncilmember Masin seconded a motion to deny a Conditional Use Permit for Citi -Cargo Storage Company to allow storage of up to 145 semi -trailers as a principal use on Outlot B, Mardelann Addition, located north of Blackhawk Road, south of Yankee Drive and west of Trunk Highway 13 and order the preparation of findings based on discussion as stated in the July 23, 1996 and the August 26, 1996 APC meeting :Titiutes and Council discussion. Aye: 4 Nay: 0 (Mayor Egan abstained on this vote) Acting Mayor Hunter turned the meting bo to Mayor Egan. CONDITIONAL UNDQUIST, INC. City Administrator Hedges stated that a letter was received from the applicant requesting an extension of their item to the September 17, 1996 City Council meeting. Councilmember Masin moved, Councilmember Hunter seconded a motion to continue this item to the September 17, 1996 City Council meeting. Aye: 5 Nj3y.,-:::0 . ...... .... CONDITIONAL USE:P. ICK INVESTMENT, INC. City Administrator Hedges gave aR overview oftAhis item. Senior Planner Ridley gave a staff report. Roger Derrick, applicant, add ressed-'ftX0iA1-oil:.and stated the site grading is complete and it is all seeded and mulched. He added the purpose of -tFiispf is not intended to be an ongoing mining operation. He mentioned that pulverizing was done at dd&iiiopment in Lakeville a couple of years ago and there were no complaints received. He clarified that the reason dirt is pulverized is to make topsoil. He stated that pulverization is only done when there is a truck ready to haul away the dirt. Councilmember Wachter stated that when dirt is pulverized it cannot be too wet or too dry. He added there will be dust associated with the Ration. He stated he would like to see the dirt hauled away a the noise that will be created as a and pulverized somewhere else. Councilme rtl ......... bout .. result of this operation. Mr. Derrick stat..�d'-.that tht -noii6'�ssociated with the operation, but added it is not real high-powered noise. He furth4ikated th0itifiey selected the site that was far enough away from anything to avoid any problems. CounpOmember ftchter expressed a concern with the dust creating a safety hazard. Mr. Derrick indicated thJi*-.'6per?,tioR.1t done when the dirt is damp and they also have a watering machine available to keep the'. �.*.' qt., p.... �:!h at pulverizing does not take place during the winter. Councilmember Hunter as 1,866 i6f. clan :6fft conditions as recommended by the APC. Ridley stated that the first three conditions need to be met prior to issuance of the permit and the second set of conditions are ongoing during the length of the permit. Councilmember Hunter stated the conditions allow for more control than without them. Councilmember Hunter moved, CQVN&im seconded a motion to approve a Conditional Use Permit for Derrick Construction to alloiOK6`opera . ti&6:44-dirt pulverizer on property located at the NW corner of Pilot Knob Road and Towerview::'Road in the NE*::-* of Section 9 subject to the 14 conditions recommended by the Advisory Planning. -Commission as follow.$: 1. The CUP shall be -POMY within 60 days of Council approval and EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 3, 1996 PAGE 12 submitted to the City. 2. The applicant shall provide tfi pity ar►t:skibvKing dust control measures throughout the site. 3. A $5,000.00 escrow or iir cable letter of credit shall be deposited with the City to ensure all ongoing conditions of the CUP are performed. The Conditional Use Permit shall be continually subject to the following conditions: 1. The processing operatioi7;$hall be RMIted to the location shown on the site plan dated July 26, 1996. 2. The hours of operation shall be, limited from 7:00 a.m. to 5:00 p.m. Monday through Friday. 3. The pulverizer shall not opeiet.e iiv?ier 463"tfiei conditions will cause blowing dirt and dust off of the subject site. 4. Trucks shall not haul processed dirt when weather conditions will cause blowing dirt and dust off of the subject site. Truck trailers shall be covered when in transit to and from the site. 5. All trucks shall access the.•site;:iYiiTGiweRtiew Road. 6. The noise levels generated..fram.the site':ahall not exceed the limitations allowed by City Code for a residentially zoned-:disttt,::::Cjty. Code allows noise levels not to exceed 65 decibels during daytime hours for residi>ira#Ey.'zQned districts. 7. The processed dirt shall be covered at all times or continually watered. 8. The site of operation shall be continually watered. 9. Water equipment used for du6t.wntrol shall. be.available on-site at all times. 10. Silt fencing shall be instalied aroci::I ie perimeter of the site to prevent unnecessary erosion associated with--tht' use. 11. The developer shall clegi:Apy ;soi.l_"ith or debris from the streets within or adjacent to the property resulting from tl POP690 d:>?g tm on a weekly basis or as needed determined by City staff. The applicant shalt e' 6espofis�iife for costs associated with the cleaning of public streets. 12. No earth material or any other product may be imported onto the site for storage or processing. 13. The sale of produce,goods or mercharitiia::shall not occur on the site at any time. 14. The use of the pulverizer.:and the transporting:nf dirt from the site shall terminate on June 30, 1997. P'AN CITY COUNCIL MEETING MINUTES; SEPTEMBER 3, 1996 iE 13 4 Nay: 1 '(Councilmember Wach*'opposed) FINAL PLANNED DEVE311t3i�lAEI r CJ�if:�4EtE MUFFLER & BRAKE City Administrator Hedges gave: i:h- overview on this item. Senior Planner Ridley gave a staff art. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Final coed Development to allow construction of a Car Care Muffler & Brake shop on Lot 4, Block 1, Thomas e Center (Blackhawk Park PD) in the SW 1/4 of Section 28, subject to the following conditions: 1. The Final Planned Development f0f::Lot 4, Block 1, Thomas Lake Center will include a 4,320 s.f. Car Care shiip::and 57::perking spaces, landscaping, signage, lighting, and building materials as shi3itih on plajis:submitted. 2. Recording of a cross-paik.". ei iW:.: it:Dpkota County to allow the proposed parking lot to adjoin the existing parking I Q6 the east: ' 3. The applicant will work with City staff to modify the landscape plan. 4. Execution of a Final Planned Development Agreement prior to commencement of site development activities. Aye: 5 Nay: 0 CONSIDERATION OF P-010'P:PSED 1997 PROPERTY TAX LEVY, PROPOSED 1997 BUDGET, SE' --T-*6'b4.' N:,•T..AXATION HEARING DATES City Administrator Hedges gave an overview on this item. He stated that the tax capacity rate has been reduced for 1997 over that of 1996. He further stated that if the Park Bond Referendum should pass on September 10, it would be necessary to adjust the ad valorem tax levy. He added that it was being suggested the City Council defer their final action until the September 12 work session, at which time the ballots would be canvassed and the ad valorem tax levy would be certified. He explained that the action the Council will be taking is to adopt the.::preflftnary :;budge#: and the final budget will be adopted in December after Truth -in -Taxation public.hloatingt'-*e h ..44 i1)0cember. He stated the second part of the action the Council needed to take was: Vii, et th4;-t— ith-in-Taxation dates. He noted the dates for the hearing cannot conflict with other public .meetings. He added it has been the Council's suggestion that the regular Council meetings in Decemb0f:::be resc duled to December 4 and December 16, with a continuation hearing to be held on DecerA.:. r.--1A;:if:tii... .:Discussion occurred regarding modifications to the preliminary budget. Councilmember Awada moved, Councilmember Wachter seconded a motion to defer ratification to the Council work session on September 12, 1996. Aye: 5 Nay: 0 City Administrator Hedges read-.4w:-iletter addresse 16*.*the Mayor from the Mayor of Apple Valley thanking him and the Council for their paRi6ipation in the foiir-city summer social. Mayor Egan reported on the piksllp.t► aring..010...�."':held in regard to the Metropolitan Airport EAGAN CITY COUNCIL MEETING MINUTES, SEPTEMBER 3, 1996 PAGE 14 Commission Mitigation Committee. CENTRAL PARK. -TASK FORCE - SCENIC ENTERPRISES City Administrator Hedges gave an overview on this item. Councilmember Hunter stated he did not envision this task force to be the Central Park Task Force. He added that he thought this task force would be a preliminary step to see if there would be a possibility of including Scenic Enterprises in with the task force study for the central park. He further added that if Scenic Enterprises, Unisys and Lockheed are not interested in participating in the centrai:oark scenario, then other proposals can be voted on their own merits. He said that if these entities are4owing kirest and flexibility, then the task force can classify them as contenders and pass them along:#o a NO* task force. Hedges stated that the September 10 referendum has identified many candidate: --sites and:.Oie funding ability of the Council could change as a result of the outcome of the referendum. ....He,,noted..t.hat.exen, if the referendum does not pass, it should not preclude the City from looking long-tatm:.4t:tk i6: -O itra!:O:pr .':.:.Councilmember Awada suggested taking one member from the APC and one membe'r'from*the"AP'RNRC;' along with a staff member from the Park and Recreation and Community Development Departments to conduct research. Councilmember Hunter suggested having them meet a couple of times. Councilmember Wachter stated he would like to get a response from Lockheed -Martin regarding this proposal. Councilmember Hunter moved, Councilmember,::Anrada seconded a motion to establish a preliminary task force consisting of one member,.fraTi". ifi�: .'•Fund one member from the APRNRC, along with a staff member from the Park and:.:Fie i stts i':ciid:;Community Development Department for the purpose of reviewing park opportunities .iorrtFie Unisys priperty as part of the consideration of the Scenic Enterprises proposal. Aye: 5 Nay: 0 Director of Public Works Colbert indicated staff has been receiving an increasing number of requests for stop signs. He stated that the requests require a great deal of staff time to review and many of the requests will not meet the warrants. He asked the Council if staff should continue to allocate the resources to formally review these proposals and submit the findings to the Council or if staff should present preliminary findings along with the. peat iq. for Counoil::evaluation. Councilmember Hunter asked if residents could be given training and a::fidt#ai-iit::i�:grcfer:fb::oonduct a speed study. Mayor Egan said it would be difficult to train each resident#f,e''proper:"iques for using the radar gun. City Administrator Hedges stated that the process is consUrhing a lot af'staff time and time on the agenda. Councilmember Hunter stated that a policy should be es€diilished, which would adhere to the guidelines and be uniformly applied, unless there is a specific attrai�s;.:i;g;;:sekiol;.or.:Ral#c�. Councilmember Masin stated she voted against the installation of the stop sign om: Wei' i;i:art¢:91 ' . ft n because of consistency, but added when police officers feel there is a safety problem, it must be addressed even though it may not meet the warrants. Mayor Egan stated that is it important to deal with the scientific data and educate the public so they understand the Council's position. Discussion continued regarding the installation of stop signs and other alternatives. Colbert stated that he is on a commihi9o,-td:dlaCi?sS; traffic calming techniques. He said that staff is concerned with giving residents the ftow impression tft '..::.by going through the petition process, the requested stop signs will be installed. He'asked if the Courid:would be comfortable if staff would take a stronger position initially in evaluating if t -to sign requests wig:Meet the warrants. Councilmember Hunter said he felt it would be acceptable for 8th tp.giye:reSit:lent0:*::preliminary opinion, along with the option EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 3, 1996 PAGE 15 of going through the process if they do not ee with the opinion. Colbert asked if the residents requested to appeal the opinion, should the petition, along with a preliminary analysis, be presented to the Council for them to determine if it warrants furthe>::tt;:;liar�i�i[i�eet?r Hunter stated it should be handled that way because there will be special circumsfatiees: ' oUndithii r6Mar Wachter concurred that the process for handling stop sign requests should be c44b*ged and requested that the Council still be informed of those requests. City Administrator Hedges noted that arrangements need to be finalized for the National League of Cities Conference that will be held in San Antonio, Texas in December. Councilmember Wachter stated t4:was happy to see that the Northern Dakota County Chamber of Commerce is working with the Eagani:C¢nventioi end Visitors Bureau to try and stay together. Mayor Egan said that they will be meeting witti::Sherrie:lNallace, President-elect of the Eagan Chamber of Commerce, regarding the void the Smali:.3usinesS:4dministration seems to have filled. He added the Chamber would like to be more proactive, .. ..: Councilmember Wachter said he the Cracker Barrel Restaurant closed and stated that if there had been some signs before Lone Oak Road, it may have helped their business. Senior Planner Ridley stated that MnDOT has set spacing requirements regarding signage and, because of the proximity of Lone Oak Road to 494, they were not allowed. Discussion occurred regarding the ratification of.:liminarbudget and the canvassing of ballots on September 12. Mayor Egan gave City Administi. 'Hedges a:Wtter regarding Internet access and obtaining a Home Page. Councilmember Wachter moved, Councilm6hil ik.-:Mrater seconded a motion to set a Special Council meeting on September 17, 1996 at 5:00 p.m. Mayor Egan asked when the City of Eagan is going to connect with the Burnsville Parkway. Colbert indicated that the connection has been made via Slater Road. Councilmember Masin reminded peoj*:tt vote on,$eptember 10. City Administrator Hedges gave an overview of the ballot design. He statei::tt::tifere:will:;l<ieah added feature on Channel 16 regarding the election, the process and polling locetibtis. He itidieated it may not be available before the 10th, but it will be available in the future. Councifim, mber 14"Uhter asked if results of the Primary election will be shown on Channel 16. Hedges stated t11e:results of.fhe General election would be shown and added he would check on whether the results of t1 a :A ctian. Mq ld be televised. Councilmember Masin commented on the new'Jensen"Supper Club. Councilmember Hunter and the other Councilmembers discussed the Open Issues List. In regard to Item 15, which references who should be assessed for sidewalk installation, Councilmember Hunter stated that a policy needs to be made. Hedges;:a d 1he.Council for direction in regard to public hearings pertaining to the maintenance of winter trails ::[ 4csrtailfil l#i lar Hunter stated he would like to start slow by contracting for maintenance around the sglhools and hold pub rhearings in the winter to see if maintenance should be broadened. Councilmembers c 'burred that plowi6g:.should be done on a contractual test basis and then the public hearing process sh>;wid be explored after -the Director of Parks and Recreation has made a recommendation to the Council;::::: 31 EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 3, 1996 PAGE 16 Councilmember Masin stated thWthe attended a seminar entitled, "The Affects of Land Use Changes", with speakers Dan McElroy and Rick Packer, and said that it was videotaped and might be a useful tool for the Council and new comth How. ....... .... . ...... ..... Councilmember Wachter moved,"Mayor Egan seconded a motion to approve the check register dated August 29, 1996 in the amount of $1,816,201.87. Aye: 5 Nay: 0 The meeting adjourned at 11 Date If you need these minutes in an alternative form such as the City of Eagan, 3830 Pilot Knob Road, Eag 8535). The City of Eagan is committed to the pofi;y.:thbt-.,S activities, facilities and employment withou regal disability, age, sexual orientation, marital status or MLK City Clerk t, braille, audio tape, etc., please contact 12) 681-4600, (TDD phone: (612) 454- s have equal access to its programs, services, e, color, creed, religion, national origin, sex, i*':Ogard to public assistance. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 12, 1996 SUBJECT: AGENDA INFORMATION FOR THE SEPTEMBER 17,1996 EAGAN CITY COUNCIL MEETING After approval of the September 17, 1996 City Council agenda and regular City Council meeting minutes for September 3, 1996, the following items are in order for consideration. Agenda Information Memo September 17, 1996 Eagan City Council Meeting Item 1. Part-time Property Room Technician/Police Department -- ACTION TO BE CONSIDERED: To approve the hiring of a person to be recommended as the part-time Property Room Technician in the Police Department. FACTS: Candidates for this position were interviewed on August 29. The person who will be recommended to the Council for hire is currently going through an extensive background investigation conducted by the Police Department. It is expected that the Council will be furnished a name prior to or at the September 17 Council meeting for this position. However, if this is not possible, it would be appropriate for the Council to approve the person who will be recommended. Item 2. Seasonal Park Maintenance Worker -- ACTION TO BE CONSIDERED: To approve the hiring of Christopher Beckman as a seasonal park maintenance worker. Item 3. Seasonal Park Attendant -- ACTION TO BE CONSIDERED: To approve the hiring of Amy Sievers as a seasonal park attendant. Item 4. Seasonal Football Officials -- ACTION TO BE CONSIDERED: To approve the hiring of Guy Dawson, Jeff Freeman, Ken Freeman, and Mark Samstad as seasonal adult touch football league officials. Item 5. Skate Guard/Civic Arena -- ACTION TO BE CONSIDERED: To approve the hiring of Fran Dropik as a seasonal Skate Guard at the Civic Arena. Agenda Information Memo September 17, 1996 Eagan City Council Meeting PERSONNEL ITEMS CONTINUED: Item 6. Concessions Worker/Civic Arena -- ACTION TO BE CONSIDERED: To approve the hiring of Clinton Mitchell as a seasonal Concessions Worker at the Civic Arena. Item 7. Seasonal Preschool Teacher/Youth Development Program -- ACTION TO BE CONSIDERED: To approve the hiring of Tamara Johnson as a seasonal Preschool Teacher for the Youth Development Program. Item 8. Seasonal Program Assistant/Youth Development Program -- ACTION TO BE CONSIDERED: To approve the hiring of Linda Clark as a seasonal Program Assistant for the Youth Development Program. Item 9. Seasonal Preschool Program Assistants -- ACTION TO BE CONSIDERED: To approve the hiring of Jean Horton and Leanne Kojetin as seasonal Preschool Program Assistants. Item 10. Resignation/Clerical Technician III/Police Department -- ACTION TO BE CONSIDERED: To accept the letter of resignation from Bernadine Kummer as a Clerical Technician III in the Eagan Police Department and authorize the filling of the position. FACTS: The City will need to fill this 10:30 p.m. to 7:00 a.m. shift in order to process Police Officer reports effectively. Agenda Information Memo September 17, 1996 Eagan City Council Meeting 1U�J�wo 131110 "Mas) 141U3 26.2 tIGIZ1,03 Moii "1 -0 ACTION TO BE CONSIDERED: To approve a resolution consenting to the transfer of the City's cable television franchise to Continental Cablevision and to approve a resolution consenting to the transfer of the franchise from Continental to U.S. West as presented. FACTS: The Joint Burnsville/Eagan Cable Commission previously notified the Member Cities that it had received notice from the cable franchisee, Meredith Cable, that it intended to sell the local cable franchise to Continental Cablevision. Subsequently, the Cities were informed that Continental was to merge with U.S. West. Because the notices were received about the same time, the Commission reviewed the two transfers of ownership together. Following the statutory process of review and public hearing, the Joint Cable Commission identified "no reasonable basis for withholding consent of the transfers of ownership" and is recommending that the Eagan and Burnsville City Councils approve the resolutions authorizing the transfers. ATTACHMENTS: ► Staff memorandum on pages through —,C,7 ► Answers to equently asked questions concerning cable franchise transfers on pages through ► Resolution transferring the franchise from Meredith Cable to Continental Cablevision on pages through ► Resolution transferring the franchise from Continental to U.S. West on pages through tWW EAGAN t COMMUNICATIONS Z COMMISSION D 100 CIVIC CENTER PARKWAY, BURNSVILLE, MN 55337-3817 gn OFFICE (612) 895-4476 • FAX 895-4404 • TDD 895-4567 MEMORANDUM TO: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN FROM: CABLE COORDINATOR REARDON DATE: SEPTEMBER 5,1996 SUBJECT: COUNCIL CONSIDERATION OF RESOLUTIONS CONSENTING TO THE TRANSFER OF CABLE OWNERSHIP TO CONTINENTAL CABLEVISION AND US WEST Initially, it was anticipated that Continental Cablevision was expected to purchase the cable system from Meredith Cable. In February, 1996, US West and Continental announced that Continental would merge its cable operations with US West by the fourth quarter of this year. On April 22, 1996, Continental Cablevision and US West each simultaneously submitted FCC 394 Applications for the transfer of cable tv franchise ownership from the current cable operator Meredith Cable to Continental Cablevision, and then subsequently from Continental to US West. The Member Cities authorized the Cable Commission to conduct the analysis of the transfer requests, and to provide final recommendations on both. According to federal law, the City has 120 days to make its determination regarding a transfer request. As there are two transfers, the parties agreed to extend the timeframe to September 30. State and federal law require a limited scope of review which can only focus on the "legal, technical and financial" qualifications of the buyer(s). The Commission and staff submitted two Request for Informations to the buyers, with the buyers providing complete responses to the Requests. Based on the analysis of the information provided, and legal counsel's Final Report, Analysis and Conclusions, the Cable Commission has concluded that it can find "no reasonable basis for withholding consent to the transfers of ownership", and as such took official action at its August 22 meeting recommending the Member Cities consent to the transfers by formally adopting the attached Resolutions. The Resolutions condition the Member Cities consent based on receipt of several items noted under Discussion. q Due to the corporate structure complexities of the prospective new buyers, the Commission has required both companies to provide corporate guaranties which pledge asset support from the parent corporations. The Resolution will not be effective until such guaranties are received. Copies of the guaranties are attached. Per federal law, Bell companies are not allowed to purchase and operate a cable tv system within their telephone operating systems. Therefore, US West has petitioned the FCC for an 18 month waiver exemption, within which time they must transfer the system. Legal counsel has opined that the new Telecommunications Act also requires separate franchise authority approval for a waiver of any length, and has petitioned the FCC on behalf of all the affected municipalities. The Resolution is conditioned upon US West receiving all applicable waivers at federal, state and local levels. If the FCC rules that US West must receive separate waiver approval from the Member Cities, then this will be handled as a separate matter at that time, and will not be subject to the "transfer qualifications." The Resolution is conditioned upon a US West and Continental merger. This appears that it will happen by the end of 1996. The current cable franchise expires in July, 1998. During the next 18-20 months, the franchise renewal process will become very active and focused. The apparent transfer of US West to another system propably will have an effect on renewal discussions. As the renewal moves forward, the Commission/Cities will have to determine how another transfer is effecting the process. Possible remedies could include extending the franchise until the new owner is in place, or even denying a renewal if it is determined there is adverse effect. None of the listed issues are reason to withhold consent to the transfers of ownership as long as the conditions as stipulated in the Resolutions are adhered to by Continental and US West. 01 M 110C3 DIEV-91 &I 113_of :. 1 The Burnsville/Eagan Cable Commission recommends the Member Cities adopt the two attached Resolutions which grant consent to the transfer of ownership of the cable television franchise from Meredith Cable to Continental Cablevision, and then from Continental to US West. Attachments - Resolutions (2), Corporate Guaranties (2) and Legal Counsel's Summary of Proposed Transfers of Ownership S SUMMARY OF PROPOSED TRANSFERS OF OWNERSHIP Transfers of ownership of cable systems require the consent of the local franchising authority (City). The City has traditionally delegated through its joint powers agreement the review process to the cable commission. The process is lengthy and complicated, and has been conducted by the commission over the past four months. In this case, the issues were further complicated by the fact that at the same time as Continental was purchasing Meredith, US West was proposing purchasing Continental. Therefore, the Commission (and now the City) needed to review TWO transfers of ownership. Enclosed are the results of that review. FREQUENTLY ASKED QUESTIONS: 1. Will the rates go up as a result of these transfers? Although no one can guarantee cable rates, the companies have assured the Commission that there are no plans to increase rates. If Meredith had retained ownership of the systems, they could have increased rates, and the new owners will not be able to increase rates any more than Meredith could have. 2. Will any channel or program offering on the system change? No. However, companies often change program channels in response to the interests of subscribers, and the new companies have the right to do the same, 3. Will there be a decrease in customer service or change in local management? No. The local management team will remain intact, as will the existing customer service representatives. 4. Will all commitments to local programming remain the same? Yes. 5. What is the phone company doing owning our cable system? US West cannot own your cable system without receiving special permission from the Federal Communications Commission. They have applied for a limited waiver (permitting them to own the systems for up to 18 months) and that petition is pending. If they do not receive the waiver, they cannot close on the sale, and Continental will retain ownership of the systems. The FCC may decide (as we argue the law requires) that the waiver requires the approval of the city. If that is the case, that decision will come back to the city, BUT THAT DECISION IS A SEPARATE DECISION FROM THIS TRANSFER DECISION. 60 6. The League of Minnesota Cities has told us that US West has sued a city in Minnesota over the use of rights-of-way. Why would we want to cooperate with US West in this transfer? It is true that US West has an ongoing dispute with Minnesota cities over ordinances which attempt to control use of rights-of-way. That dispute is not related to this transfer, except for the fact that it is the same company involved in the dispute. The simple answer is that the law requires that you must consent to the transfer unless you have a reasonable basis to deny, based on the limited standards of review -- the legal, technical and financial characteristics of the purchaser. YOU MAY NOT DENY THE TRANSFER SIMPLY BECAUSE YOU DO NOT LIKE US WEST. 7. What are these corporate guaranties, and why are we requiring them? During the analysis, the complicated corporate structure proposed by both companies caused the commissions to be concerned about which entity could be turned to if a catastrophic problem arose with the local system. Therefore, we determined it to be in the best interest of the cities that the assets of the parent corporations be pledged to support the local systems. This is an extraordinary remedy, and not often secured. However, the commission has received from both parent companies a pledge that they will give such guaranties, and your resolution will not be effective until such guarantees are received. 8. If we are in the process of renewing our franchises, won't this slow us down? Certainly the dynamics of the renewal processes have been changed. However, the companies have assured the commissions that the local management will remain responsible for negotiating renewals, and they will be authorized to enter into all necessary agreements. US West, if they receive the FCC waiver, will have to divest themselves of the systems within 18 months. There has been some concern about US West's desire to enter into long term commitments with systems they will not own. This is a legitimate concern. Should the commission determine that they new company is not negotiating in good faith, remedies such as denying the renewal or extending the franchise until the new owner is in place are all available to the cities. 9. Will our existing cable franchise remain intact? Yes. The company holding the local franchise will not be changed because the transfers are occurring farther up the "corporate ladder". Any transfer of ownership requires that the purchasing company agree to comply with all existing franchises, as amended, and any other agreements which the current owner has with the cities and commissions. TDC/rs CACABLEIMEREDI MUMMARY Resolution 96 - RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FRANCHISEE TO CONTINENTAL WHEREAS, the cable television franchise (the "Franchise") of the municipality of Eagan (the "Authority") is currently owned and operated by Group W Cable of Burnsville/Eagan, Inc. ("Group W") which is owned by Meredith/New Heritage Strategic Partnership, L.P. ("MNHSP"); and WHEREAS, the general partner of MNHSP has entered into a Purchase Agreement dated March 15, 1996 with Continental Cablevision, Inc. ("Continental") whereby said general partner is proposed to be replaced by North Central Communications Corp., Continental of Minnesota, Inc. or Continental of St. Paul, Inc., both wholly owned subsidiaries of Continental (the "Meredith/Continental Agreement"); and WHEREAS, Group W will continue to hold the Franchise; and WHEREAS, the Authority has received a request for consent to the transfer of control contemplated by the Meredith/Continental Agreement; and WHEREAS, no notice of breach or default under the Franchise has been issued by Authority within the past 12 months and none is outstanding; and WHEREAS, the Authority has determined that subject to certain conditions which must be met, Continental possesses the requisite legal, technical and financial qualifications; NOW, THEREFORE, BE IT RESOLVED, that the transfer contemplated by the Meredith/Continental Agreement is hereby consented to by the Authority and permitted conditioned upon: 1. Execution and delivery of a Corporate Guaranty from Continental Cablevision, Inc. in the form attached hereto; and 2. Documentation that a wholly owned subsidiary of Continental Cablevision, Inc. is duly admitted as a successor general partner pursuant to the Restated Agreement of Limited Partnership of Meredith/New Heritage Strategic Partners, L.P. dated December 30, 1991 or any amendment thereof, and 3. Reimbursement of all reasonable fees incurred in the Authority's review of the proposed transactions; and 4. The successful closing of the transaction described in the Meredith/Continental Agreement. 0i BE IT RESOLVED FURTHER, that Continental may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in and to the Franchise (the "Collateral") to any lender providing financing to Continental ("Secured Party"), from time to time. Secured Party shall have no duty to preserve the confidentiality of the information provided in the Franchise with respect to any disclosure (a) to Secured Party's regulators, auditors or attorneys, (b) made pursuant to the order of any governmental authority, (c) consented to by the Authority or (d) any of such information which was, prior to the date of such disclosure, disclosed by the Authority to any third party and such party is not subject to any confidentiality or similar disclosure restriction with respect to such information subject, however, to each of the terms and conditions of the Franchise. ADOPTED by Attest: Clerk -Treasurer this day of City of Eagan Mayor 1996. The undersigned, being the duly appointed, qualified and acting Clerk of the City of Eagan, Minnesota hereby certify that the foregoing Resolution No. is a true, correct and accurate copy of Resolution No. duly and lawfully passed and adopted by the City of Eagan on the day of , 1996. Clerk Resolution 96 - RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FRANCHISEE TO US WEST WHEREAS, the cable television franchise (the "Franchise") of the municipality of Eagan (the "Authority") is currently owned and operated by Group W Cable of Burnsville/Eagan, Inc. ("Group W"), which is owned by Meredith/New Heritage Strategic Partnership, L.P. ("MNHSP"); and WHEREAS, the general partner of MNHSP, has entered into a Purchase Agreement dated March 15, 1996 with Continental Cablevision, Inc. ("Continental") whereby Group W will be owned by Continental (the "Meredith/Continental Agreement"); and WHEREAS, Continental will guarantee the Franchise obligations pursuant to a Corporate Guaranty; and WHEREAS, the Authority has consented to the transaction described in the Meredith/Continental Agreement; and WHEREAS, Continental intends on merging into US WEST, Inc. or a wholly owned subsidiary of US WEST, Inc., (herein collectively known as "US WEST") pursuant to that certain Agreement and Plan of Merger dated February 27, 1996 (the "Continental/US WEST Agreement"); and WHEREAS, Group W will continue to hold the Franchise; and WHEREAS, the Authority has received a request for consent to the merger of Continental and US WEST (the "Continental/US West Merger"); and WHEREAS, no notice of breach or default under the Franchise has been issued by Authority within the past 12 months and none is outstanding; and WHEREAS, the Authority has determined that subject to certain conditions which must be met, US WEST possesses the requisite legal, technical and financial qualifications; NOW, THEREFORE, BE IT RESOLVED, that the Continental/US West Merger is hereby consented to by the Authority and permitted conditioned upon: 1. Execution and delivery of a Corporate Guaranty from US WEST, Inc. in the form attached hereto; and /0 2. Securing all necessary federal, state, and local government waivers, authorizations, or approvals relating to US WEST's acquisition and operation of the system to the extent provided by law; and 3. Reimbursement of all reasonable fees incurred in the Authority's review of the proposed transactions; and 4. The successful closing of the Transaction described in the Continental/US WEST Agreement. BE IT RESOLVED FURTHER, that nothing herein shall be construed or interpreted to constitute any approval or disapproval of or consent or non -consent to US WEST's Petition for Special Relief currently pending before the FCC, or any other federal, state, or local government waivers, authorizations or approvals, other than that transaction delineated above. BE IT RESOLVED FURTHER, that US WEST may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in and to the Franchise (the "Collateral") to any lender providing financing to US WEST ("Secured Parry"), from time to time. Secured Party shall have no duty to preserve the confidentiality of the information provided in the Franchise with respect to any disclosure (a) to Secured Party's regulators, auditors or attorneys, (b) made pursuant to the order of any governmental authority, (c) consented to by the Authority or (d) any of such information which was, prior to the date of such disclosure, disclosed by the Authority to any third party and such party is not subject to any confidentiality or similar disclosure restriction with respect to such information subject, however, to each of the terms and conditions of the Franchise. ADOPTED by Attest: Clerk -Treasurer this day of City of Eagan Mayor 1996. The undersigned, being the duly appointed, qualified and acting Clerk of the City of Eagan, Minnesota hereby certify that the foregoing Resolution No. is a true, correct and accurate copy of Resolution No. duly and lawfully passed and adopted by the City of Eagan on the day of , 1996. Clerk Agenda Information Memo September 17, 1996 C. PROJECT 686, WOODGATE LANE FINAL ASSESSMENT ROLL ACTION FOR COUNCIL CONSIDERATION: To receive the final assessment roll for Project 686 (Woodgate Lane - Street Rehabilitation & Utility Services) and schedule a public hearing to be held on October 15, 1996. FACTS: • Project 686 provided for the installation of utility services for the Mallard Park 4th Addition and the reconstruction/rehabilitation of Woodgate Lane and other streets within the Mallard Park 3rd Addition. • This project has been completed, all costs tabulated and the final assessment roll prepared. This roll is being presented to the City Council for their consideration of scheduling the public hearing to formally present the final costs associated with this public improvement to all affected property owners. • An informational neighborhood meeting will be held with all affected/interested property owners prior to the final public hearing to review the costs and address any related concerns. Results of that meeting will be forwarded to the Council at the time of the final assessment hearing. ATTACHMENTS: • Project location map, page LA 4. 1® EA035EX 1 no= mug MALLARD PARK THIRD ADDITION C17Y OF EAGAN PROD. NO. 686 LOCATION MAP cio �KH0 B 0 City of +C'agan Agenda Information Memo September 17, 1996 D. PROJECT 655, NORTHRIDGE DRIVE FINAL ASSMT ROLL ACTION FOR COUNCIL CONSIDERATION: To receive the final assessment roll for Project 655 (Northridge Drive - Streets & Utilities) and schedule a public hearing to be held on October 15, 1996. FACTS: Project 655 provided for the installation of public utilities and a Municipal State Aid Street along Northridge Drive within the Gardenwood Ponds development. All work associated with this project, except for the final 1" bituminous wear course, has been completed, all costs tabulated and/or estimated and the final assessment roll prepared. This roll is being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs associated with this public improvement for final adoption and certification. The final assessments for the street improvement is based on a predetermined residential equivalent rate allowing the City to assess this improvement prior to the placement of the final surfacing. An informational meeting will be held with the developer to review the costs associated with this project prior to the public hearing and to address any questions or concerns that may arise. ATTACHMENTS: Location map, page. 14 V a 0 W- .0 0 c Y a ra Cliff Road Co. Rd. 32 LOCATION PLAN EAGAN. MINNESOTA FIGURE 1 PROJECT No. 655 GARDENWOOD DRIVE L:\49\49540\4954OF04 AUGUST 1993 COMM. 49540 o ,000 x000 sewe In fm 4" Bonestroo 0:0 Rosene Anderlik b Associates Agenda Information Memo September 17, 1996 E. CONTRACT 96-19.1996 SEAL COAT ACTION FOR COUNCIL CONSIDERATION: To approved the first and final payment of $191,448.98 to Allied Blacktop for Contract 96-19 (1996 Sealcoat) and authorize acceptance for perpetual maintenance. FACTS: The performance of the 1996 sealcoating street maintenance contract has been completed in accordance with the terms and conditions of the plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action of final payment. This contract was performed under the terms and conditions of a Joint Powers Agreement with the cities of Eagan, Burnsville, Lakeville, Savage, and Apple Valley allowing the City to benefit from lower unit prices to the economies of scale theory. In addition, under the direction of Superintendent Arnie Erhart, the Public Works Maintenance Division recycled and screened approximately 3,500 tons of excess aggregate recovered from the 1995 sealcoating program. Although the City incurred costs of $6,825 to salvage and screen this material, the City incurred a net savings of $31,157 (16.3%) by paying the contractor for labor only to reapply it. 16 Agenda Information Memo September 17, 1996 F. PROJECT 691 CLEMSON DRIVE FINAL ASSMT HEARING ACTION FOR COUNCIL CONSIDERATION: To amend and reschedule the final assessment hearing for Project 691 (Clemson Drive - Streets & Utilities) to October 15, 1996. FACTS: On September 3, the City Council received the final assessment roll for the above -referenced project and scheduled a final assessment public hearing to be held on October 1. Unfortunately, publication of that public hearing notice did not get published in the legal newspaper within the time frame required by State Statute. Therefore, it is necessary to reschedule the public hearing to October 15 to meet the required notification time table. 17 Agenda Information Memo September 17, 1996 G. PROJ 681, NICOLS ROAD - STREET & STORM SEWER ACTION FOR COUNCEL CONSIDERATION: To amend and reschedule the final assessment hearing for Project 681 (Nicols Road - Street & Storm Sewer) to October 15, 1996. FACTS: On September 3, the City Council received the final assessment roll for the above -referenced project and scheduled a final assessment public hearing to be held on October 1. Unfortunately, publication of that public hearing notice did not get published in the legal newspaper within the time frame required by State Statute. Therefore, it is necessary to reschedule the public hearing to October 15 to meet the required notification time table. Agenda Information Memo September 17, 1996 H. CONTRACT 96-12 NORTHWOODS DR CHANGE ORDER ACTION FOR COUNCIL CONSIDERATION: To approve Change Order No. 1 to Contract 96- 12 (Northwoods Drive - Streets & Utilities) and authorize the Mayor and City Clerk to execute all related documents. FACTS: Contract 96-12 provided for the construction of public streets and utilities for the newly created Northwoods Drive connecting Denmark Avenue to Lexington Avenue behind the new Promenade development. At its connection point to Lexington Avenue, a significant cut to the existing heavily wooded ground elevation resulted in significant temporary construction easements for side slopes on to the adjacent heavily wooded single-family properties. In addition to removing a considerable number of significant trees (oaks and maples), it would have left a very exposed steep side slope on these residential properties to a commercial collector street. This Change Order provides for the addition of retaining wall construction along Lexington Avenue (approximately 600') and trees negotiated with the easement acquisition, as well as the construction of a two-tier retaining wall (each approximately 5' tall and a total length of approximately 160') minimizing tree removal and side slope encroachment along the north side of Northwoods Drive. These retaining walls should have been incorporated into the original design for Lexington Avenue and Northwoods Drive. All costs associated with this Change Order (add $46,862.30) will be assessed to the benefitting properties in accordance with the conditions of Project 694's feasibility report. ATTACHMENT: • Change Order No. 1, pages through /9 —city of eagan CONTRACT #: 96-12 PROJECT #: 694 CHANGE ORDER #: 1 DATE: September 4. 1996 PROJECT NAME: Eagan Promenade Area Improvements PROJECT DESCRIPTION: Grading, watermain, storm sewer, paving, curb and gutter and walks for the construction of Northwood Drive west of Lexington Avenue and the widening of Lexington Avenue between Yankee Doodle Road and Northwood Drive. CONTRACTOR:McNamara Qontractin_ Inc. ENGINEER: SRF Consulting Group, Inc. 5001 - 160th St. W. One Carlson Parkway Suite 150 Rosemount MN 55068 Minneapolis MN 55447 DESCRIPTION OF CHANGE ORDER WORK: Plant 2" Green Ash trees along the west side of Lexington Avenue where existing trees were removed due to street widening and yard sloping, and also construct additional concrete block retaining walls along the west side of Lexington Avenue and the north side of Northwood Drive. JUSTIFICATION FORMURPOSE OF CHANGE ORDER: New trees planted in place of removed trees because of grading and widening was a negotiated item for temporary easement acquisition. No bid item was included for trees in the original bid contract. Change Order No. 1 increases the contract quantity of retaining wall (single tier) because of additional walls needed along the west side of Lexington Avenue. These walls will minimize the amount of grading and impact on these residential properties. This single tier wall (approximately 1 meter high) will be constructed at the original contract unit price bid. The double tier wall will be constructed on the north side of Northwood Drive at the intersection of Lexington Avenue. This wall will preserve mature oak trees at this location. The increased price is justified due to the wall height, cofiguration, and also the additional work needed for its construction. a� DESCRIPTION OF WORK ITEMS: Item No. Item Descintion 2571.502 Deciduous Tree (Green Ash) 2" Balled and Burlapped 0411.603 Concrete Block Retaining Wall (single tier) 0411.603 Concrete Block Retaining Wall (double tier) Total Increase Change Order No. (c) indicates contract unit price (n) indicates negotiated unit price CONTRACT STATUS Unit Unit Price Ouantitv Amount Tree $ 218.50 7 $ 1,529.50 (n) sq.m $ 129.12 190.0 $ 24,532.80 (c) sq.m $ 160.00 130 $ 20.800.00 fnl TIME/COMPLETION DATE Original Contract: November 1. 1996 Change Order No. 1: November 1 1996 Subtotal of Previous Change Orders: $ 0.00 This Change Order: $ 46.862.30 New Subtotal of All Change Orders: Revise Contract: Percent Increase or Decrease for this Change Order to Original Contract Amount: 5.5% Increase Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: 5.5% Increase $ 46,862.30 AMOUNT $ 853.935.66 $ 46,862.30 5 46.862.30 900 797.96 Change Order No. 1 .3 - RECOMMENDED 3 - RECOMMENDED FOR APPROVAL: September 4, 1996 By:/',4v!��-%,__ / 1. /Date: '9 c/ - 9(,' By: /Date: ISRF Consulting Group, Inc. McNamara Contracting, Inc. By: City Department Manager City of Eagan Council Action: Mayor: Clerk: Approval Date: DISTRIBUTION 1 - City 2 - Contractor 1- Engineer /Date: Agenda Information Item September 17, 1996 Eagan City Council Meeting I. FINAL SUBDIVISION PRELIMINARY & FINAL PLANNED DEVELOPMENT SAFARI AT EAGAN 3RD ADDITION ACTION TO BE CONSIDERED: ► This item was continued at the developers request and will appear at the October 1, 1996 City Council meeting. Agenda Information Memo September 17, 1996 Eagan City Council Meeting �:1 ACTION TO BE CONSIDERED: To approve a Final Subdivision for the Eagandale Corporate Center subdivision located north of Yankee Doodle Road and east of Lexington Avenue. FACTS: Final plans, development contracts, and financial guarantees are in order. BACKGROUND/ATTACHMENTS: (1) Final Plat Map, pages v��Sough �. �` E I V) 0 - Eq W 4 C) LLJ > 6j uj ujL) 1091 ri-4 i"i j. I I.r IK.. s+Naos gum ;Pei • . ata �.r �: C.�. ip cam f I& ?• E I +t �? � �a � BMJ. ' ■ �� N r I I ��� �L , eR? � �:, o�•� �� Wit t+ I n . at T I I "db} �:,I a .� Eby^VT•q��l lbs. 7 J. ri,-. — — — —yrtm .— — — — — —�•: :1'. I• 1O IA D•.s—�,� •: rt MDN a (3nN3Av 1VD17NIX31) r '� .rw.o ssy..,.s ct A.. ua. -6►5 00 N— s i3 N � �, O C ....y jNl' •!�.yry . ^.•_s y ' s �.• . I • •h —i 7 H I= �t i • STI! W --- -- --------------- --s22f-- -- --U' J gc — ` c n. sn 17t all I t `, I I I f • � r:.ae r I � I I r — ------ — — — — — — —— I 1 i"i j. I I.r IK.. s+Naos gum ;Pei • . ata �.r �: C.�. ip cam f I& ?• E I +t �? � �a � BMJ. ' ■ �� N r I I ��� �L , eR? � �:, o�•� �� Wit t+ I n . at T I I "db} �:,I a .� Eby^VT•q��l lbs. 7 J. ri,-. — — — —yrtm .— — — — — —�•: :1'. I• 1O IA D•.s—�,� •: rt MDN a (3nN3Av 1VD17NIX31) r '� .rw.o ssy..,.s ct A.. ua. -6►5 00 N— s i3 N � �, O C i . i"i j. I I.r IK.. s+Naos gum ;Pei • . ata �.r �: C.�. ip cam f I& ?• E I +t �? � �a � BMJ. ' ■ �� N r I I ��� �L , eR? � �:, o�•� �� Wit t+ I n . at T I I "db} �:,I a .� Eby^VT•q��l lbs. 7 J. ri,-. — — — —yrtm .— — — — — —�•: :1'. I• 1O IA D•.s—�,� •: rt MDN a (3nN3Av 1VD17NIX31) r '� .rw.o ssy..,.s ct A.. ua. -6►5 00 N— s i3 N � �, O r4p 4 1 T a -j AR 1.9 6001 S Bill dc 77 9_:4z W V 4 1 T a -j Agenda Information Memo September 17,1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve a Final Subdivision for the Seneca Hills subdivision located east of Highway 13 and south of Robin Lane adjacent to the Centex Vermilion townhouse development. FACTS: Final plans, development contracts, and financial guarantees are in order. BACKGROUND/ATTACHMENTS (1) Final Plat Map, pag� i 2z N� .� � j Jul Ok Na I Q111 / �/ ] � �µo! ��• moi'' / �� Mei � S I<f 1 Lcl �aoaig Ie «el trw � �: -t'.. cy♦^, x wee `` 4 . S \ N �� QRIS rw'f all N n s � f / ' •L' � / RR 1 � f L pr I ' R# ii 1 11� 1 CN�- 2z N� .� � j Jul Ok Na I Q111 / �/ ] � �µo! ��• moi'' / �� Mei � S I<f 1 Lcl �aoaig Ie «el trw � �: Agenda Information Memo September 17,1996 Eagan City Council Meeting ii A ACTION TO BE CONSIDERED: To approve the Findings of Fact regarding the proposed Conditional Use Permit to allow outdoor storage on Outlot B, Mardelann Addition located north of Blackhawk Road, south of Yankee Drive, and west of Trunk Highway 13. FACTS: At the September 3, 1996 Eagan City Council meeting, the City Council denied the Conditional Use Permit for outdoor storage of semi -trailers and directed the City Attorney's Office to prepare Findings of Fact. BACKGROUND/ATTACHMENTS: (1) Findings of Fact, page through. 3"D BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COLTN'TY, MINNESOTA FINDINGS OF FACT, In Rc: Application of Citi -Cargo Storage Co., Inc. CONCLUSIONS, AND RESOLUTION On July 23 and August 27, 1996, a Public Hearing was conducted, upon appropriate published notice, before the Advisory Planning Commission of the City of Eagan for a proposed Conditional Use Permit to allow exterior storage and parking of 145 semi -trailers as a principal use on Outlot B, Mardelann Addition, Dakota County, Minnesota. The Advisory Planning Commission recommended denial of the Conditional Use Permit for exterior storage and parking of 145 semi -trailers as a principal use on Outlot B at Mardelann Addition. The matter came on before the Eagan City Council on September 3, 1996 at ib; regularly scheduled council meeting The Applicant was present by Mr. Allen Ofstehage who spoke in favor of the application. Sharon Zauhar of Blue Cross/Blue Shield urged denial of the request. Based upon all the information presented at the hearing, the record and the staff reports, the City Council of the City of Eagan does hereby make the following: 1. 2. 3. FINDINGS OF FACT This matter is property before the City Council of the City of Eagan. The Applicant occupies a facility north of Blackhawk Road, south of Yankee Drive and west of Trunk Highway 13 in the City of Eagan, Dakota County, Minnesota. The Applicant has requested a Conditional Use Permit tO allow the exterior storage and parking of 145 semi -trailers as a principal use on Outlot B, Mardelann Addition. The Applicant currently occupies Lot 1, Block 1 and Outlot A of Mardelann Addition. The 31 Applicant's current property (Lot 1, Block 1 and Outlot A) allow the storage and parking of 135 semi -trailers (through an existing Conditional Use Permit) although the Applicant is able to practically have outside storage and parking for only 60 to 70 semi -trailers. (See Exhibit A attached) 4. City Ordinance 206 allows outside storage and parking if a Conditional Use Permit is issued as a principal use of Outlot B provided that such use is servient to a dominant parcel and certain other conditions. 5. The proposed use allows more storage and parking and is larger than the primary use on the adjacent property and at least doubles the existing exterior outside storage and parking. 6. Seneca Hills and Ceutex Vermilion are new residential developments to the southeast of this property and Blue Cross/Blue Shield is immediately adjacent to the property to the west. 7. A representative from Blue CrmVRlue Shield indicated that additional semi -trailer traffic would be a traffic and safety concern to area residents and Blue Cross/Blue Shield employees. S. The Conditional Use Permit Ordinance for the City of Eagan is contained in City Code Chapter 11 Section 11.40 Subd. 4, C stating that the Council shall issue such Conditional Use Permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, Ioss or damage of a natural, scenic or historic feature of major importance. 1. That this matter is properly brought before the Eagan City Council. 2. That the applicant has the burden of establisbing compliance with the Eagan City Code provisions. 3. That the Fagan City Code (Section 11.40, Subd. 4, Q provides that the City Council shall issue Conditional Use Permits only if it finds such use at the proposed location meets the requirements of paragraph 7 above. 4. The storage and parking of 145 semi -trailers on Outlot B is not an accessory use but rather a dosuinant use in that it is twice as large as the existing storage and parking on the adjacent property. 5. That such a large use of storage _and parking of semi -trailers is Uot in conformance with the City Code in that it is in essence the dominant use of the combined parceL 3 33 6. That additional use will cause an increase in traffic that will result in congestion or interference with the traffic at Highway 13 and Blackhawk Road. 7. That by a preponderance of all of the information presented, the Eagan City Council deteruwies that the Applicant has not carried its burden of persuasion to authorize the issuance of the Conditional Use Permit for exterior storage and parking of 145 semi- trailers on Outlot B, Mardelann Addition. The City Council of the City of Eagan pursuant to City Code does hereby deny the issuance of the Conditional Use Permit to allow the outdoor storage and parking of 145 semi- trailers on Outlot B of Mardelann Addition. Dated at Eagan, Minnesota this day of September, 1996_ Drafted by: SEVMON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 File No. 206-4769 JFS/skr CITY OF EAGAN By: Thomas A. Egan Its: Mayor By: E.J. VanOverbeke Its: City Clerk 3q Agenda Information Memo September 17,1996 Eagan City Council Meeting F9. ADOPT RESOLUTION 'A METROPOLITANU_MCALENDAR YEAR 99 ACTION TO BE CONSIDERED: To adopt a resolution to continue participation in the Metropolitan Livable Communities Act for 1997. FACTS: In 1995, the City of Eagan decided to participate in the Metropolitan Livable Communities Act program. The City has negotiated and adopted affordable and life cycle housing goals in accordance with the program and has submitted an action plan as a part of the Dakota County Cluster. The program requires that the City inform the Metropolitan Council of its intention to participate in the program each calendar year by resolution. The City must submit this resolution by November 15th. In 1997, the City of Eagan, if it participates, will be required to expend its affordable and life cycle housing opportunities amount (ALHOA). As required by law, beginning in 1998, the Metropolitan Council must annually determine whether or not the participating communities have expended this ALHOA during the previous calendar year. If not, the community may be required to distribute this ALHOA to the housing incentive account or to their local or County HRA. The City of Eagan ALHOA amount for calendar year 1997 is $46,554.00. There are a number of sources of local financial contribution that can be counted as ALHOA expenditure. Some examples include: local financial contributions to housing assistance; development or rehabilitation programs; the use of CDBG monies for housing activities or a tax levy to support a local or County HRA. The formula for calculating the ALHOA amount is included as an attachment. BACKGROUND/ATTACHMENTS: (2) Resolution, pages through —%. Metropolitan Council ALHOA worksheet, page . RESOLUTION NO. CITY OF EAGAN RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1997 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life -cycle housing for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; 3(0 NOW, THEREFORE, BE IT RESOLVED THAT the City of Eagan hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1997. Motion made by: Wachter Seconded by: Hunter Those in favor: All Those against: None By: Its Mayor Attest: Its Clerk CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 4th day of June 1996. E.J. VanOverbeke, City Clerk 3 1Atj A Agenda Information Memo September 20,1995 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve the sign revisions for the south facade of the Byerly's store in the Eagan Promenade Planned Development. FACTS: Sign guidelines were developed as a part of the Eagan Promenade Planned Development. The Byerly's store signage was approved as an exception to those guidelines primarily because they requested additional signage not permitted in those guidelines. The additional signage consisted of six signs for subtenants of the Byerly's store and two informational signs -- "Fine Foods" and "Open 24 Hours". The original Planned Development approval allowed for a total of 500 sq. ft. of signage on the south facade of the building. Byerly's has submitted final sign plans for sign permit review. They are including one additional subtenant not in the original sign plan submitted as part of the Planned Development approvals. They have made reductions in the square footage of some of the other signage on the south facade and total square footage of signage has actually been reduced in this final sign plan. Therefore, staff finds that the signage is consistent with the originally approved plans and is asking for the Council's approval of staff interpretation. BACKGROUND/ATTACHMENTS: (2) Byerly's revised sign plan dated September 9, 1996, page Original Byerly's sign plan dated January 30, 1996, page —e- -3 Ul W E, v' G o, � � R 0. a 0. C2, nR; R ?R=nSR * lit. e LWO Agenda Information Memo September 20,1995 Eagan City Council Meeting III ACTION TO BE CONSIDERED: To approve a Final Planned Development for Eagan Promenade 2nd Addition for Healey Ramme Company. To approve a Final Subdivision for Eagan Promenade 2nd Addition for Healey Ramme Company. FACTS: The Final Planned Development Agreement and development contract are in the final stages of revisions and it is anticipated that they will be in order for execution at the regular City Council meeting on September 17, 1996. ISSUES: Staff and the Developer are still working on issues related to the financial guarantee in the Development Contract. BACKGROUND/ATTACHMENTS: (2) Plat Map, page Final Plat, page4. EXHIBIT 'A" f ; -� -. !3• � r � r f r; r Z IC r. •Zr � _ � .G C _• -r a W3 !iw •°�—. �! — f = : yrY_+oawi c n; • �s .1 �Il ,V,l I f a�-i; • Ke �� 4' 1 �r li IL � �� ■ f � � �; d � \\ =,t i �-\\�11� \4 •�G '\ � �� `i awr■� � • I • -� 1- � w 1*11+0 La r - � f iiiiii; ,�/ N •I ++r.4�`'' \ '\L � > 'i' I+i� . �� !' I � w IGS ,• 1 : .. w, \► ►I� �: • _ .� ♦ o • 4L \ SWIS ,W \ ca LLI .t r rj c� . r OL i 43 PRELIMINARY PLAT , w !i / EXHIBIT "D' \ !f` Il 1 i r• ;,� R � I r. qL t�- -•� lfH7fF� FoME4� i'i r Eagan City Council Meeting September 17, 1996 Consent Agenda FOR COUNCIL ACTIO To approve the resolution authorizing an application for grant assistance from the "Mighty Ducks" for Civic Arena East. ► The Council has previously directed staff to prepare preliminary plans for a second sheet of ice - Civic Arena East. ► A.C.C. was hired to prepare preliminary plans and a cost projection for a facility. ► The Eagan Hockey Association has agreed to become a financial partner in the cost of the second ice sheet. ► The State of Minnesota, through the Minnesota Amateur Sports Commission (MASC) has grant funds available up to $250,000 for the purpose of aiding communities with the construction of ice facilities. ► Second ice sheets are less expensive to operate since the infrastructure is already In place and does not need to be duplicated. ► The grant application deadline is October 2, 1996. ► The resolution is a requirement of the application. ► The resolution calls for the identification of a project manager, the Director of Parks and Recreation, as part of the grant submission. CONCERNS Since the City's portion would come from gross revenue bonds, generating sufficient revenues to repay principal and Interest should be a concern. MASC has now Indicated that they will not award the grants until about November 20, nearly five weeks later than previously Indicated which would Impact the time line for a second ice sheet. ATTACHMENT Resolution �. LS CITY OF EAGAN RESOLUTION APPLICATION TO SOLICIT FUNDING FROM THE MIGHTY DUCKS CAPITAL BONDING FUND FOR CONSTRUCTION OF THE EAGAN CIVIC ARENA -EAST WHEREAS, the Minnesota Amateur Sports Commission (MASA, via the State Capital Bonding Fund, provides for capital funds to assist political subdivisions of the state of Minnesota for the development of sport facilities, and WHEREAS, the City of Eagan desires to construct and develop the Eagan Civic Arena -East for the sports of boys and girls youth hockey, speedskating, figure skating, and other forms of ice sports, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Eagan: 1. Estimates that the total cost of developing said facility shall be $ and the City of Eagan is requesting $250,000 from the Mighty Ducks Capital Bonding Fund and will assume responsibility for a match requirement of $ 2. The City of Eagan agrees to own, assume 100 percent operational costs for said sport facility, and will operate said facility for its intended purpose for the functional life of the facility which is estimated to be 40 years. 3. The City of Eagan agrees to enter into necessary and required agreements with the Minnesota Amateur Sports Commission for the specific purpose of constructing a sport facility and long-term program direction. 4. That this application be made to the State of Minnesota, Minnesota Amateur Sports Commission, to be included in the Minnesota Amateur Sports Commission's (Governor's) Capital Budget request for an amount presently estimated to be $250,000. S. That the Director of Parks and Recreation of the City of Eagan Is authorized and directed to execute said application and serve as the official liaison with the Minnesota Amateur Sports Commission. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor By: Its City Clerk Agenda Information Memo September 17,1996 0. VIOLET LANE ASSESSMENT APPEAL ACTION FOR COUNCIL CONSIDERATION: To pass a Resolution approving a stipulation agreement regarding Parcel 10-01600-010-06 (John C. LeMieux) for Project 674 (Violet Lane - Streets & Utilities) and authorize the Mayor and City Clerk to execute said Resolution and Stipulation Agreement. FACTS: Project 674 provided for the installation of streets and utilities along Violet Lane servicing the unplatted property of Mr. LeMieux. At the final assessment public hearing on October 17, 1995, the subject property submitted an objection to the proposed assessments and subsequently appealed it to District Court. In proceeding with the defense of this special assessment appeal, the City Attorney's Office negotiated a settlement which was reviewed by the City staff and found to be in order for favorable Council action. ATTACHMENTS: 0 Resolution, page. • Stipulation agreement, distributed without page number. Lkq RESOLUTION OF THE CITY OF EAGAN ADOPTING STIPULATION OF SETTLEMENT WHEREAS, on or about October 17, 1995, the City of Eagan assessed land identified by Property Identification Number 10-01600-010-06 ("Subject Property") for various public improvements, namely, water lateral charges, sanitary sewer service charges, storm sewer charges and street improvements as part of Public Improvement No. 674; and WHEREAS, John C. Lemieux, the owner of the Subject Property, having brought an action in District Court appealing the assessment identified as Dakota County District Court File No. 19-C9-95-010359; and WHEREAS, the parties to this case have settled the assessment dispute according to the terms described in the attached Stipulation. NOW, THEREFORE, be it resolved, the Eagan City Council hereby adopts the attached Stipulation resolving this assessment appeal and authorized the Mayor and City Clerk to execute the Stipulation on the City's behalf. Dated: , 1996. ATTEST: By: E.J. VanOverbeke Its: City Clerk it, CITY OF EAGAN Thomas A. Egan It: Mayor Agenda Information Memo September 17, 1996 Eagan City Council Meeting R. RESOLUTION AMENDING THE EAGAN COMPREHENSIVE GUIDE PLAN - WOODCREST CHURCH ACTION TO BE CONSIDERED: To approve a resolution amending the Eagan Comprehensive Guide Plan from D-1 (Single Family 0-3 units/acre) to PF (Public Facility) to allow construction of a church on approximately 12 acres located at the northeast corner of TH 3 and Cliff Road in the SE quarter of Section 25. FACTS: The City Council reviewed the comprehensive guide plan amendment request at their August 6, 1996 meeting and directed staff to forward the request to the Metropolitan Council for review. The Metropolitan Council reviewed the proposed amendment and determined that it would not impact upon any of the metropolitan system plans. Therefore, the amendment may be placed in effect. ATTACHMENTS: Resolution, pages 50through-'5- Location map, page -'S) Metropolitan Council letter, page RESOLUTION NO. 96- A RESOLUTION AMENDING THE EAGAN COMPREHENSIVE GUIDE PLAN WHEREAS, the City Council of the City of Eagan is the official governing body of the City of Eagan; and WHEREAS, the City Council of the City of Eagan adopted the Comprehensive Guide Plan on April 19, 1983, pursuant to the requirements of Minnesota Statutes, Section 473.864; and WHEREAS, Woodcrest Church has submitted an Application for an Amendment to the Comprehensive Guide Plan for the land shown on Exhibit "A" attached hereto located at the NE corner of the intersection of T.H. 3 and Cliff Road changing the land use designation of the subject property from D -I Single Family Residential (0-3 units/acre) to PF - Public Facility; and WHEREAS, a public hearing was held by the Advisory Planning Commission of the City of Eagan on July 23, 1996 at which time the Advisory Planning Commission recommended approval of the Amendment to the Comprehensive Guide Plan; and WHEREAS, on August 6, 1996 the City Council of the City of Eagan approved the Amendment to the Comprehensive Guide Plan on approximately 12 acres changing the land use designation from D-1 Single Family Residential to PF Public Facility subject to the approval of the Metropolitan Council; and WHEREAS, the Metropolitan Council has determined that the Amendment to the Comprehensive Guide Plan for the land shown on Exhibit "A" attached hereto has no potential impact upon any of the metropolitan system plans and therefore the City may place the Amendment into effect immediately; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA hereby adopts an Amendment to the Comprehensive Guide Plan changing the land use designation of approximately 12 acres of land as shown on Exhibit "A" attached hereto from D-1 Single Family Residential to PF Public Facility. THIS RESOLUTION passed this day of , 1996 by the City Council of the City of Eagan, Minnesota. ATTEST: E.J. VanOverbeke, City Clerk BY: 57I Thomas A. Egan, Mayor i . • . 4r:. P►^� l .T (}u ;>i1 Lq C 1. GAV WANZ CRUS'DN LEAF o G ' _ �� A TR�APP 4 /vrf I A W i PARK R �� 4400 I PL. LNf t (S ED ATCANT;C ~• �i I AIcDaA4�tK.r+1 LAKE ALLAN LAKE N0.' LAAO e+ ` LAKE ter' �A� O C, ++ w f r J C RE�tONA p ARK �ODENS ��� sro �t�tS LAKE' I F7 LAE H LL' --- - L. Ari: /^' , / �I -� Ov ------ E U — — —— — SH r 'ANE +� � 14800 \' NAUV'00i X,tr �~ . -,F 81 ' O'BR�N �\ .N. < s, LAKf y^-�' _` i � 1 - HjEnPNE WAY VARM I I E C f f I o V — ^ U'WM 1 ROAD _ _ _ 4 — — — — 120th ST, 0. 5000 ROSEMCUNT LOCATION . Metropolitan Council Working for the Region. Planning for the Future August 21, 1996 Julie Farnham City of Eagan 3830 Pilot Knob Road Eagan. MN 55122 RE: Eagan Comprehensive Plan Amendment - Woodcrest Church Metropolitan Council District 15 Metropolitan Council Referral File No. 16290-5 Dear Ms. Farnham: The Metropolitan Council staff has reviewed the city's comprehensive plan amendment received by the Council on August 13, 1996. The amendment proposes to change the land use designation for 12 acres of land located in southeastern Eagan from D -I (0-3 units/acres) to PF (Public Facility). We have determined that the proposed amendment has no potential impact upon any of the metropolitan system plans. Therefore, the city may place the amendment into effect immediately. Because the proposed amendment appears unlikely to affect policies and plans in other chapters of the Metropolitan Development Guide, the Council will waive further review of this amendment. The amendment, explanatory materials supplied and the information submission form will be appended to the city's plan in the Council's files. The city should be informed that this waiver letter does not commit the Council to provide the level of metropolitan sanitary sewer service that the city indicates in its application that it will need (same figures as appeared in the city's draft 1991 Public Utilities Element) of 9.71 mgd by 2000 and 13.6 mgd by 2010. Based upon the Council's (1994 C/D Study) forecasts, city 2000 flows are expected to range from 7.99 to 8.43 mgd and 2010 flows from 8.74 to 9.62 mgd. If you have any questions regarding this review, please contact Lynda Voge, principal reviewer. Office of Local Assistance at 291-6377. Sincerely, r Thomas C. McElveen, Deputy Director Housing, Development & Implementation cc: Kevin Howe, Metropolitan Council District 15 Lynda Voge. Referrals Coordinator Ruth Ann Sobnosky, MN DOT Metropolitan Division Carl Schenk. Sector Representative, Office of Local Assistance 230 East Filth Street St. Paul. Minnesota 55101-1634 (612) 291.6359 Fax 291-6550 TDD/M'291-0904 Metro Into Une 229.3780 An E.Ihnl Oppurrunub EM00111r Agenda Information Memo September 17, 1996 PUBLIC HEARINGS A. VACATION OF ALDRIN DRIVE ACTION FOR COUNCIL CONSIDERATION: To close the public hearing and approve the vacation of Aldrin Drive as described and authorize its recording at Dakota County all subject to and concurrent with the recording of the final plat for the Eagandale Corporate Center Addition. FACTS: 0 On August 6, the City Council received a petition requesting the vacation of a portion of Aldrin Drive to accommodate the proposed final plat of the Eagandale Corporate Center Addition. The City Council subsequently scheduled a public hearing to be held on September 3 to formally discuss the merits of this request. • The vacation of Aldrin Drive is one of the conditions placed on the preliminary plat approval for the Eagandale Corporate Center Addition. • On September 3, the final plat was not in order for favorable Council action. Subsequently, the public hearing was continued to September 17. • All notices have been published in the legal newspaper and sent to all potentially affected property owners and utility companies informing them of the September 3 public hearing. At that time, there were no comments or concerns raised. ISSi;ES: During consideration of the preliminary plat for the Eagandale Corporate Center, the Dakota County Plat Commission offered several comments regarding the plat, one of which (#S) recommended that Aldrin Drive not be vacated and that it remain open and developed for through traffic After City staff evaluated the overall development layout of the Eagandale Industrial Park incorporated by Lone Oak Road, Yankee Doodle Road, Lexington Avenue, and bsike Collins Drive, it does not appear that there is a need for an east/west circulator parallel to Yankee Doodle Road. All internal traffic will take access (both ingress and egress) from major intersections on the bordering arterial street system in a direct route to/from their origin/destination. There is very little if any internal circulation projected or foreseen within this Industrial Park. While the County's comment pertains to the vacation of public right-of-way, it was offered for consideration with the preliminary plat. The Planning Commission and City Council subsequently approved the proposed subdivision with the understanding that Aldrin Drive would have to be vacated. ATTACHMENTS: • Location map, page • Legal description and raphic of vacation, pages • Staff report, page . • County comment letter, 'p age S i �� •eaao Orr �^ �1 j� ��i;y.� _ 10�°` .o .CwprNCUS�AI. ti ri Rvc '•�. C. •� j.l A� all Cf l per: CDVGCp ARK . \ l ACA tt �,/i �. ii.� c, \• ��.. . PCs T i w I 2c - �ICME :AK ROAD \ 1\, ` � :rte .AK ef. f _ V �� 1 Cr;�QvIEY1 �RliI AOCL' � MCAO I X'\ -wv �vIE7r M. `,�� i �! `\\ ill ''.' ` l.:` '� _Cpl �/� `l •. • , \ •r �.Y• �" j fVSi�NE Stl i Y A • Z~ PROPOSE:✓ VACATION �- i -AMARAC PT. 'I r zll �3RRCir1 y -CREST RCmw= Lti I S i \ 1 RIDMDCA PT.SPRIZE CL II� 49 � CA RMA CC .MCLS T-4 ,j it LEAR7 PARK r rQ• ' . CA /LAi 1.41 I , �} y.1 rucCQL��O j w I C. 1 QrPAn L.w �_ I "1R1q�:. l + I laC!!� T1 0 - +Z: 1�... wE G..+ �,- �� �� tom` it rv1�'� I S-+y� ME �r I c t T LOA �, AL`. 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Ws��I F: IN 4 ! a W • 1 t¢�¢�3 q ��._'� 1 0 • •� 11 i VVV..Op� Cg �vi 1 ENGINEERING REPORT CITY OF EAGAN REPORT DATE: AUGUST 2S, 1996 REQUEST: ALDRIN DRIVE RIGHT-OF-WAY VACATION LOCATION: EAGANDALE :CORPORATE CTR PETITIONED BY: MAPLEWOOD ACRES INC REPORT BY: CRAIG KNUDSEN, ENGINEERING TECH Backgound As a part of the development proposal for Eagandale Corporate Center, Maplewood Acres, Inc., is requesting the vacation of Aldrin Drive within their plat. As a pan of the improvements, Maplewood Acres, Inc., is constructing a cul-de-sac for the purposes of providing a turnaround on the east end of Aldrin Drive as well as internal circulation necessary to provide access to the proposed lots within Eagandale Corporate Center. All improvements associated with the right-of-way vacation and plat are being reviewed in accordance with the platting procedures established by the City Notifications and Responses Public notices for the vacation of this right-of-way was published in the City's legal newspaper. Additional notices were provided as standard procedures to parties who may have an interest. As of this date, the City has not received any objections to the proposed vacation. Recommendation It is recommended that the City vacate the Aldrin Drive right-of-way within the proposed Eagandale Corporate Center with concurrent recording of the Eagandale Corporate Center plat. Attachments: Location Map Legal & Graphic VACA770NSfAWmu Vjj S "� DAKOTA COUNTY SURVEY & LAND INFORMATION DEPARTMENT 14955 GALAXIE AVENUE City of Eagan 3830 Pilot Knob Road Eagan, MN 55112 ATT: Jim Sturm, City Planner EAGANDALE CORPORATE CENTER Dear Mr. Sturm: GARY H. STEVENSON, R.LS. COUNTY SURVEYOR LAND INFORMATION DIRECTOR (612)891-7087 FAX 16121891-7031 APPLE'VALLEY. MINNESOTA 55124-8579 March 13, 1995 The Dakota County Plat Commission met on March 13, 1995, to consider the preliminary plat of EAGANDALE CORPORATE CENTER. Said plat is adjacent to County Roads 28 and 43 and is, therefore, subject to the Dakota County Contiguous Plat Ordinance. The Plat Commission has the following comments: 1.) Right of way on County Road 28 must conform to Dakota County Road Right of Way Map No. 148 which is considerably different from that shown on the preliminary plat. 2,) The 60 foot half right of way width shown on County Road 43 meets the current guidelines for a 4 lane undivided road. However, the city should consider that this - development may increase the traffic projections on County Road 43 to a 4 lane divided - highway which requires 75 feet of half right of way. 3.) The spacing of Challenger Drive does meet the County's guidelines. When approved, this access point will fix the location of future access to the west. 4.) The Golfview Drive access location is acceptable because it aligns opposite an existing street. 5.) The proposed vacation of Aldrin Drive has an adverse impact on the County Highway system. The Plat Commission recommends than Aldrin Drive remain open'to connect to Mike Collins Drive for through traffic. The Ordinance requires resubmittal of the final plat before a recommendation is made to the County Board. No work shall commence in the County's right of way until a permit is obtained from the County Highway Department and no permit will be issued until the plat has been filed. Sincerely, Gary H. Stevenson Dakota County Surveyor & Land Information Director Secretary, Plat Commission CC: BRW�' � OAPt 5 � :Tdm Col" rublic Works*;%t% � Printed on Recycled Paper Be parr of the solutiom/ AN EQUAL OPPORTUNITY EMPLOYER Agenda Information Memo September 17, 1996 A. CONTRACT 96-01. EAGANDALE CORPORATE CTR - STS & UTILITIES ACTION FOR COUNCIL CONSIDERATION: To receive the bids for Contract 96-01 (Eagandale Corporate Center - Streets & Utilities), award the contract to the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. FACTS: At 10:30 a.m., on September 12, 1996, formal bids were received for the above -referenced public improvement contract. Enclosed is a summary tabulation of the bids received with a comparison of the low bidder to both the engineer's estimate and the estimate contained in the feasibility report presented at the public hearing held on September 20, 1995. All bids will be checked for accuracy and compliance with bid specification documents and any deviations or errors will be identified at the time of Council consideration. ISSUES: • Before the City enters into a contractual obligation for installing public improvements within dedicated public right-of-way, the final plat and subdivision agreement for the Eagandale Corporate Center Additions must be executed by the applicant and approved by Council action which is tentatively scheduled for earlier on the September 17 agenda. ATTACHMENTS: • Bid tabulation was not available for distribution on Friday; it will be distributed with Additional Information Packet on Monday. 51 Agenda Information Memo September 17, 1996 Eagan City Council Meeting B. PRELIMINARY SUBDIVISION (TOWN CENTRE 70 NINETEENTH ADDITION) AND CONDITIONAL USE PERMIT - CRAIG MATTICE ACTION TO BE CONSIDERED: ► To approve or deny a Preliminary Subdivision (Town Centre 70 Nineteenth Addition) to create one lot and one outlot on 8.7 acres of property located on the west side of Denmark Ave., north of Duckwood Drive in the NW 1/4 of Section 15. ► To approve or deny a Conditional Use Permit to allow construction of a self -serve car wash on Lot 1, Block 1 Town Centre 70 Nineteenth Addition. FACTS: ► The proposed preliminary subdivision consists of one lot (Lot 1, Block 1 - 1.13 acres) and one outlot (Outlot A - 7.6 acres). Only Lot 1 is currently being considered for development. Outlot A is intended for future development and will need to be further subdivided to accommodate additional development. ► The plans submitted indicate the project meets or exceeds all code requirements for development. ► The proposed car wash building will have an all brick exterior with a blue standing seam metal roof. If this request is approved, the materials used on this building and the proposed landscaping should serve as a model for future development on Outlot A. ► A master plan illustrating internal circulation between Lot 1 and future lots on Outlot A was submitted and provides an access guide for future development. The master plan indicates internal service drives along the east and west edge of the property that will provide access to individual lots. Access to Denmark Ave. is proposed at Forest Ridge Trail and at an existing access at the north edge of proposed Lot 1. ► The APC held a public hearing on these requests at their regular meeting of August 27, 1996 and recommends approval of both requests subject to the conditions listed in the APC minutes. ISSUES: None ATTACHMENTS: ► Staff report, page through ► Minutes of August 27, 1996 APC meeting, pages through. coo PLANNING REPORT CITY OF EAGAN REPORT DATE: August 21, 1996 APPLICANT: Craig Mattice PROPERTY OWNER: Eagan Tower Office Bldg. Partnership CASE: #15 -PP -14-7-96; #15 -CU -19-7-96 HEARING DATE: August 27, 1996 PREPARED BY: Julie Farnham REQUEST: Preliminary Subdivision and Conditional Use Permit LOCATION: Outlot A, Town Centre 70 Fifteenth Addition; on the west side of Denmark Ave., north of Duckwood Drive. COMPREHENSIVE PLAN: CA - Central Area ZONING: CSC - Community Shopping Center SUMMARY OF REQUEST Craig Mattice is requesting approval of a Preliminary Subdivision (Town Centre 70 Nineteenth Addition) to create one lot (Lot 1, Block l) and one outlot on 8.7 acres of property currently platted as Outlot A, Town Centre 70 Fifteenth Addition; and a Conditional Use Permit (CUP) to allow construction of a self -serve car wash on Lot 1, Block 1 located on the west side of Denmark Ave., north of Duckwood Drive in the NW 1/4 of Section 15. AUTHORITY FOR REVIEW City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto:" A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. (0 ( Planning Report - Mattice Car Wash August 27, 1996 Page 2 D. That the site physically is suitable for the proposed density of the development. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements Of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. City Code Chapter 11, Section 11.40, Subd. 4, C states: The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. Planning Report - Mattice Car Wash August 27, 1996 Page 3 C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. City Code Section 11.40, Subd. 4.D. Conditions states that "In reviewing applications of conditional uses permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan." BACKGROUND/HISTORY A movie theater and associated parking lot was previously proposed for this site as part of an overall concept for Town Centre. However, the movie theater was built further north near Yankee Doodle Road and this property has remained undeveloped. Earlier this year the City reviewed a request to construct a Dairy Queen restaurant at the south end of Outlot A. While the request was approved by the City Council, Dairy Queen decided not to build on that site and instead relocated to a lot in Eagan Promenade. EXISTING CONDITIONS The site is undeveloped with the southern most portion of Outlot A occupied by a detention pond (TP -66). The property has frontage on Denmark Ave. and Duckwood Drive. A service road runs along the west and north edges of the property which provides service and delivery access to Wal-Mart, Kohl's, and Eagan Town Centre. The property is slightly mounded and appears to have been used to store excess soil from development on surrounding properties. A few trees ( P 3 Planning Report - Mattice Car Wash August 27, 1996 Page 4 were planted along the west service drive. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property (Outlot A): North - Eagan Town Centre; zoned CSC Community Shopping Center; guided CA Central Area South - Townhomes; zoned PD Planned Development; guided CA Central Area East - Forest Ridge Apartments; zoned R-4; guided D -IV West - Kohl's/Eagan Town Centre; zoned CSC Community Shopping Center; guided Central Area EVALUATION OF REQUEST A. Preliminary Subdivision (Town Centre 70 Nineteenth Addition) Lots - The proposed preliminary subdivision consists of one lot (Lot 1, Block 1 - 1.13 acres) and one outlot (Outlot A - 7.6 acres). Outlot A consists of property for future development and includes a 68,913 s.f pond easement. Only Lot 1, Block 1 is currently being considered for development. Setbacks - All building and parking setbacks on the site plan submitted meet or exceed Code requirements. The building is proposed to be setback 100 feet from the east property line facing Denmark Ave. Code requires a 50 foot setback adjacent to residential development. An internal service drive to provide access within Outlot A will be setback 20 feet from the east property line. Grading - The preliminary grading is acceptable. The site generally slopes from south to north. The preliminary grading plan shows a maximum cut of 3 feet with no significant fill areas. Storm Drainage/Water Qualily - The preliminary storm drainage plan is acceptable. Storm sewer was constructed with previous development is available. This storm sewer drains to Pond JP -66, a Class 6 Sediment Basin in the northwest corner of Denmark Avenue and Duckwood Drive. Pond JP -66 discharges through an existing storm sewer to Fish Lake (Pond JP -1). The developer is proposing to connect the internal storm sewer system on Lot 1 to the existing storm sewer approximately 95 feet from the southwest corner of the site. Pond JP -66 is classified as a Class 6 sediment basin in the City's Water Quality Management Plan. The sediment basin was modified and enlarged as part of the development of the Town Centre 70 Fifteenth Addition (Wal-Mart/Kohl's). It was designed to provide adequate stormwater treatment for development on Outlot A (Town Centre 70 Fifteenth Addition). Thus, the stormwater treatment requirements have already been met for this site. Planning Report - Mattice Car Wash August 27, 1996 Page 5 Wetlands - There are no jurisdictional wetlands within the site that will be drained or filled by the proposed development activity, although there is a small wetland associated with JP -66. Utilities - With some modifications, the preliminary utility plan is acceptable. Sanitary sewer and water main are available; however, the proposed sanitary sewer service is not sized to City standards for commercial buildings. The sanitary sewer service should be constructed to City standards and a manhole should be placed on the sanitary sewer service for inspection and monitoring purposes. Access/Street Desi n - Access to the site is proposed from two entrances off the existing private service drive to the north of the development. The drive currently provides service vehicle access to Wal-Mart, Kohl's, and Eagan Town Centre. Internal connections with future development on Outlot A to the south is proposed to be provided through two service drive stubs at the southeast and southwest corners of proposed Lot 1. These service drive stubs will be extended to the south with future development to provide internal circulation between the businesses along Denmark Avenue, thereby minimizing access locations onto Denmark Avenue. Easements/Rights of Way/Permits - The preliminary plat submitted identifies a 15 -foot wide sidewalk, trailway, and snow storage easement was dedicated on Lot 1 along Denmark Ave. A drainage and utility easement dedicated to the City is proposed to be expanded to cover the storm sewer extension from the existing storm sewer stub approximately 95 feet south of the development to the southwest corner of Lot 1. Tree Preservation - There are no significant trees on the property. Parks and Recreation - The APRNRC is recommending a cash parks and trails dedication. B. Conditional Use Permit The applicant is requesting a Conditional Use Permit to allow construction of a self-service car wash on Lot 1, Block 1. The car wash will provide two drive-through automatic wash bays and four self -serve wash bays. The proposed "Town Centre Car Wash" is an independently owned and operated business. The applicant has stated that the hours of operation will likely be 7 a.m. to 9 P.M. !Compatibility with Surrounding Area - Car wash facilities are conditional uses in the CSC zoning district, primarily due to their potential to generate high -turnover traffic and noise. The key to making these, and other conditional uses, compatible with surrounding residential uses is providing attractive landscaping and building design, adequate control of noise, signage and lighting as well as a safe and logical traffic circulation. Planning Report - Mattice Car Wash August 27, 1996 Page 6 Building Design - The proposed car wash will be 4,433 s.f. in size. In addition to the six wash bays, the building will include about 660 s.f. of space for office, storage and equipment. There will be six vacuums located on islands on the west side of the building. This location should minimize noise impacts the vacuums may have on residents to the east. The building exterior will consist of brown face brick with buff colored brick banding. The roof material will consist of blue standing seam metal. The doors on the wash bays will be multi - paned clear plexiglass. The walls of the building will be 12 feet in height and the high point of the roof peak will be 22'-8". The building is oriented with the long side (wash bay doors) facing north/south. This allows the wash bay exits to be south facing which helps reduce ice build up. Staff notes that the surrounding buildings contain a variety of colors and materials from white block and turquoise trim (Town Centre) to grey block with navy, red and white trim (Wal-Mart) and tan rock faced block (Kohl's). This makes it somewhat difficult to coordinate a color scheme. The proposed building materials and colors pick up on the buff (tan) and blue colors used on Kohl's and Wal-Mart. Staff suggests that if this proposal is approved, future development on Outlot A coordinate with the color scheme proposed for the car wash to provide visual continuity in this infill area along Denmark Ave. Trash Enclosure - A 10' x 12' x 8' (tall) trash enclosure is attached to the west side of the building. It will be made of the same materials as the building and will also be covered with a small roof of the same material as the main building roof. Signage - Two signs are proposed; one building and one monument sign. The building sign is proposed on the east facade facing Denmark Ave. The sign will be 3.5' x 12' (44 s.£), consisting of individual white letters, 18" tall. The sign will be illuminated by two ground mounted signs that will shine up on the building facade. The monument sign is proposed to be 7 feet high and 8 feet long. It will consist of a 3 foot tall brick base under 4 foot tall blue and white sign panels. The sign will be internally illuminated and setback 10 feet from the east property line along Denmark Ave. Both signs are consistent with the Sign Code requirements. Parkin /Circulation - The proposed site plan includes two parking spaces, including one that is handicapped accessible. The Zoning Code does not specify a parking requirement for car washes. The need for parking at a self -serve car wash is minimal. Customers do not usually park their cars until they are in a wash bay or at a vacuum station. The facility will only have one employee on site at a time. One of the spaces will be for the employee. The other space will be available for customers. The site plan indicates space to stack 4-5 cars at each of the automatic wash bays and 2-3 cars at the self -serve bays. This should be adequate to handle anticipated customer demand. The primary access to the car wash will be from the internal service drive along the east side of m Planning Report - Mattice Car Wash August 27, 1996 Page 7 the Lot 1 that is planned to extend down the length of Outlot A to provide internal circulation between future lots (and developments). A similar service drive is proposed along the west edge of Lot 1 and Outlot A. Access to the internal service drives will be from the existing service drives on the north and west edges of the property. The City had recommend that Federal Land (property owner) develop a master plan for internal service drives to connect the future lots and minimize access points on Denmark Ave. The master plan indicates two openings onto Denmark; one at Forest Ridge Trail and the other being the existing service drive at the north end of Lot 1. The existing west service drive can be accessed from Duckwood Drive. Landscaping - The proposed landscape plan will provide multiple layers of plantings to screen the car wash from Denmark Ave. A few trees and shrubs are proposed in the 20 foot setback/buffer along Denmark Ave. A 20 foot wide internal median, separating the service drive from the car wash will be planted with a solid row of shrubs. A 15 ft. wide area next to the building will also be planted with shrubs and perennials. Shrub hedges and a few trees are also proposed along the north and south edges of the car wash site and trees are proposed an island separating the west service drive from the car wash. Some existing spruce and oak trees are located just west of this site between the proposed internal service drive and the existing service drive for Wal-Mart and Kohl's. An irrigation system will be required. If this proposal is approved, the landscaping proposed should be used as a model for landscaping of future development on Outlot A. Li htin - One 20 foot pole light is proposed along the west property edge. Two ground mounted lights are proposed on the east side of the building to illuminate the wall sign. Seven wall mounted lights are proposed around the building on the north, south and west facades. SUMMARY/CONCLUSION The proposed preliminary subdivision (Town Centre 70 Nineteenth Addition) will create one lot (Lot 1, Block 1) and one outlot (Outlot A). Only Lot 1 is currently being considered for development. Outlot A is proposed for future development with uses consistent with CSC zoning. This outlot will need to be resubdivided to accommodate future development. A master plan illustrating internal circulation between Lot 1 and future lots on Outlot A was submitted and provides an access guide for future development. The proposed car wash will provide 2 automatic and 4 self-service wash bays. All building and parking setbacks meet or exceed code requirements. The proposed building will have an all brick exterior with a blue standing seam metal roof. If this request is approved, the materials used on this building and the proposed landscaping should serve as a model for future development on Outlot A. As with the previous Dairy Queen request, staff has concerns about the potential piece -meal development of this property with uses that are listed as conditional under CSC zoning. Planning Report - Mattice Car Wash August 27, 1996 Page 8 Consistency in building design and landscaping, in addition to discreet signage and lighting and safe and logical traffic circulation will be critical to making development in this area compatible with adjacent residential uses. ACTION TO BE CONSIDERED A. To approve or deny a Preliminary Subdivision (Town Centre 70 Nineteenth Addition) consisting of one lot (Lot 1, Block 1) and one outlot (Outlot A) on 8.7 acres of property in the NW 1/4 of Section 15, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, Cl, C2, C4, D1, El, F1 Utilities 2. The sanitary sewer service shall be constructed to City standards. 3. A manhole shall be placed on the sanitary sewer service for inspection and monitoring purposes. Access 4. The Master Plan for future development on Outlot A, including internal service drives, dated 9/18/95 and last revised 7/29/96, shall be used to guide development on Outlot A. 5. A cross -easement for the internal service drives as shown on the Master Plan shall be reviewed by City staff prior to filing with the plat. Wetlands 6. No filling or draining of the wetland associated with Pond JP -66 is allowed. Platting 7. The developer shall plat the property. 8. To ensure consistency with the Central Area policies, future development on Outlot A shall coordinate with the landscaping, building design and materials proposed for the car wash on Lot 1, Block 1. Planning Report - Mattice Car Wash August 27, 1996 Page 9 B. To approve or deny a Conditional Use Permit to allow construction of a car wash on Lot 1, Block 1 Town Center 70 Nineteenth Addition subject to the following conditions: An irrigation system is required for all landscaped and green areas. 2. All rooftop mechanical equipment shall be screened from view. SOP STANDARD CONDITIONS OF PLAT APPROVAL A. EinancialOblivations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Ri hts-of-Wa 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall' be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25, 1987 LTS#5 STANDARD.CON City Council September 15, 1987 Revised:_ July 10, 1990 Revised: February 2. 1993 FINANCIAL OBLIGATION - Town Centre 70 Nineteenth There are pay-off balances of special assessments totaling $2,363 on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Water Availability Charge C/I Total $2,785/Ac 1.14 Ac 175 11 911111t•oklirlis ��B e�ev min r�r LJLJL'J_ LJLJlJLd[�f� r + r��� L'Lj a21WA61211216 .k %H« irm I 1 p=1 r ro !mm r► MWALM� 101 Nan Designatio A Central Area WNW it �m�= [M� ■r,. I■■■�■ i27M■m■ ■e � t r ■Nyrr !mm r► MWALM� 101 Nan Designatio A Central Area WNW it RECE! 7M f ny..tnss,.ir t,t.•uw 1a.1/ .. 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IfaM A.t{M Y aa.•.n N•.w .ra aK...a.1 eta3.. 11� h 1i•. . �\� \ I 3333. « ', . i►.' I : .� ��\ w� � ;3:•333 ��\. .. .1 3:•333 .i IIS,\; r` �\ \ 1 I�'{/•s' I' 41--.10✓! I y 1 ruuu"a of .aw \,` `I III f Ji •'I Lot 1. -1Kl 1 31.01 N.It. / 1.13416 •te.a \ \� I/// t • 1: II I fl•el•t a J))..f0 N•ft. / 1.67700 •e N. )1J.I.1 N•ft. / 1.){1:1 .tri. � _��� • � I r•M .N.Nnt atsa Y.et) N.tt. / !31-11. aerN \ a a�—� r � wCLlal Wt ryT 41,"10 11MM" .mI,JY �...w......, . a w.—r.. srJntan a t6la.ar •« w w .ra n n......-.. aw �na 1 w ..i, waa..1«41 Yr3g3. rr...rN r•r . 5 a.-.. to ti•r. .11 A.•3 -w. pFaM•vE iANO fUt v[rlrtG INC Page 12 August 26, 1996 ADVISORY PLANNING CONMSSION PRELIMINARY SUBDIVISION & CONDITIONAL USE PERMIT Chairman Miller opened the next public hearing of the evening regarding a Preliminary Subdivision (Town Centre 70 Nineteenth Addition) of 8.77 acres to create one lot and one outlot for property currently platted as Outlot A, Town Centre 70 Fifteenth Addition and a Conditional Use Permit to allow a self-service car wash on Lot 1, Block 1, Tom Centre 70 Nineteenth Addition, located in the northwest quadrant of Denmark Avenue and Duckwood Drive in the NEI/< of Section 15. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in the City staff s planning report dated August 21, 1997. Ms. Farnham noted the background and history, the existing conditions and the surrounding uses of the subject property. Bruce Miller, a representative of Federal Land Company, advised the APC that the applicant agrees with all of the recommended conditions of the preliminary subdivision and the requested conditional use permit as outlined in the City staffs planning report. In response to Member Isberg's inquiry, Mr. Miller advised that it is intended that the self- service car wash will be a 24-hour operation and in response to Member Frank's question he stated that there will be on-site staff from approximately 8:00 a.m. to 9:00 p.m. Member Miller noted that there are several other uses in the Town Centre area which are open 24 hours. Chairman Miller stated he supports the proposal, but noted that approval of the preliminary subdivision will be conditioned on landscaping and architectural compatibility of future buildings with the proposed car wash building. Mr. Miller stated that he acknowledges and agrees to that condition. Member Isberg moved, Member Heyl seconded, a motion to recommend approval of a Preliminary Subdivision (Town Centre 70 Nineteenth Addition) of 8.77 acres to create one lot and one outlot for property currently platted as Outlot A, Town Centre 70 Fifteenth Addition, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, Bl, B2, B3, Cl, C2, C4, DI, El, F1 Utilities 2. The sanitary sewer service shall be construct d to City standards. Page 13 August 26, 1996 ADVISORY PLANNING CONMISSION I A manhole shall be placed on the sanitary sewer service for inspection and monitoring purposes. Access 4. The Master Plan for future development on Outlot A, including internal service drives, dated 9/18/95 and last revised 7/29/96, shall be used to guide development on Outlot A. 5. A cross -easement for the internal service drives as shown on the Master Plan shall be reviewed by City staff prior to filing with the plat. Wetlands 6. No filling or draining of the wetland associated with Pond JP -66 is allowed. Platting 7. The developer shall plat the property. 8. To ensure consistency with the Central Area policies, future development on Outlot A shall coordinate with the landscaping, building design and materials proposed for the car wash on Lot 1, Block 1. All approved in favor. Member Isberg moved, Member Frank seconded, a motion to recommend approval of a Conditional Use Permit to allow a self-service car wash on Lot 1, Block 1, Town Centre 70 Nineteenth Addition, located in the northwest quadrant of Denmark Avenue and Duckwood Drive in the NE'/4 of Section 15, subject to the following conditions: An irrigation system is required for all landscaped and green areas. 2. All rooftop mechanical equipment shall be screened from view. I The City staff will annually review the hours of operation. Member Heyl expressed concern that the use will be a 24-hour operation without 24-hour on-site staff directly across from a residential area. Member Segal suggested that a condition be added to provide that the hours of operation be annually reviewed by City staff who shall make recommendations to the City Council of any necessary restricted operation hours. All approved in favor. J Agenda Information Memo September 17, 1996 - Eagan City Council Meeting AWK910 1111 14WF4VWW 32 W 31 k00 10 IM-) I. EVAM 611J0 111111 fl -I ACTION TO BE CONSIDERED: To approve/deny a Conditional Use Permit for Shaw -Lundquist Inc. to allow outdoor storage of construction equipment in conjunction with a proposed office/warehouse building to be located on Lot 2, Block 1, Eagandale Center First Addition, (P.I.D. # 10-22490-020-011) in the NE 1/4 of Section 3 subject to the 12 conditions recommended by the Advisory Planning Commission. FACTS: ► The applicant is proposing an office, warehouse and storage yard to house their offices, construction products and equipment associated with the business. The outdoor storage associated with the business is proposed to be located behind the building at the rear of the property on a portion of a 34,000 SF paved area with curb and gutter as indicated on the site plan. The Advisory Planning Commission conducted a public hearing on the proposed Conditional Use Permit at its regular meeting on August 27, 1996, and recommends approval of the Conditional Use Permit subject to the 12 conditions outlined in the APC minutes. ISSUES: Several property owners who are in close proximity to the proposed site have expressed concerns over the proposed development. The concerns expressed include; compatibility of contractor's exterior storage with the surrounding area, the effect the proposed exterior storage will have on property values and the maintenance of the proposed storage area. The APC recommended an additional condition further restricting storage to operable trucks, trailers and automotive vehicles. ► The applicant had requested the City Council to continue the regularly scheduled hearing for their CUP until the Council's Sept. 17, meeting. The continuance allowed the applicant time to review the effects of the conditions approved by APC at the public hearing. The applicant has proposed a change to the site plan to include hard wall screening around the proposed storage area in lieu of the APC additional condition regarding storage. Shaw -Lundquist is also requesting that if the recently proposed changes are not an acceptable substitute to this condition, that the City Council deny the proposal because of the existing purchase agreement they have with the seller. BACKGROUND/ ATTACHMENTS: (2) Letters from Mike Schrader (Shaw -Lundquist), pages through Letter from B.A. Karabank & Co. (General Electric Facility), p es throu9t.1. Facsimile from Harvey H. Mills (Mills Compan' ,Inc.), e APC minutes of Au ust 27, 1996, ages?�throug�. Staff Report, pageQq through SEP -11-1996 13:07 SCHRADER VENTURE CORP. P.02 Schrader Venture Corporation As Easy as SVC Sept. 11, 1996 Delivered via Facsimile & Mail Steve Dorgan City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Proposed Shaw -Lundquist Assoc. Corporate Headquarters Conditional Use Permit, Eagandale Ind. Park Dear Mr Dorgan: In response to your telephone request, I would like to clarify the necessity for the continuance granted by your office to change City Council review of the above referenced proposal from the Sept. 3rd City Council meeting to the 17th of September. The additional CUP stipulations proposed by the Planning Commission restricting outdoor storage at Shaw -Lundquist to vehicles and trailers is unacceptable. The applicant requested the continuance to consider their options. In the interim Shaw -Lundquist has met with their architect and is proposing additional hard wall screening and solid fencing to reduce sight lines to the storage area. In addition Shaw -Lundquist has attempted to ` contact the neighbors to discuss in detail the proposal and answer any questions. The land for the proposed development was purchased contingent upon receipt il of an acceptable CUP for outdoor storage. The additional Planning Commission stipulations are not acceptable and would cause Shaw -Lundquist to look elsewhere. We believe that the changes proposed by the applicant fairly address the concerns of the neighbors and the Planning Commission. The tP applicant requests that the Council endorse the CUP as amended (see attached design changes). In the alternative, if the changes are not acceptable to the Council, we would respectfully request a denial so that there is no room for dispute with the Seller. In the latter scenario, Shaw -Lundquist will seek a R Cancellation Agreement and be forced to pursue another sight. As you can K7 SEP -11-1996 13:09 SCHP,ADEP, VENTURE CORP. P.03 imagine, the applicant has made a significant investment in engineering and design costs to complete this transaction. We are hopeful that the Council will endorse the new design so that Shaw -Lundquist can close on the property and begin construction in the Spring of `97 Sincerely, Michael S. Schrader President WrA am 14M NOW %W 04 aMIL. UN 85124-7= all* mo....-Mma. -AANS ��i�Aonnn 4-M wt SEP -11-1996 13:10 9-r9� 1156 A SCHRADER VENTURE CORP. CM MCNITSJS T BULDM 1M/ 74M mv 14M 1r=B AM' we n PWX. w 40124 -mm (612 `rr■,■.i�Rlnr■fillut� rr - Y P.05 1 612 431 M3 P.e4nm 43t -44w 4-ffex EKTERIOR ELEVATIONS - SCHEME F 10 1 612 471 j467 7MFIL P.04 09-09-96 11:46AM P004 944 TOTAL P.05 The Schrader Bldg. #IOTA 5501 Lakeland Ave. N. Cr)W4 MN SS429 (612) S33-7520 (612) S33-7369 Schrader Venture Corporation As Easy as SVC Aug. 30, 1996 Delivered via Facsimile Steve Dorgan Associate Planner 3830 Pilot Knob Rd. Meagan, MN 55122-1897 RE: Request for Continuance. Shaw -Lundquist Development Project Dear Mr. Dorgan: In light of the additional CUP stipulations from the Aug. 27th meeting of the Planning Commission. The applicant respectfully requests that the hearing before the City Counsel Scheduled for Sept. 3rd be continued until the Sept 17th meeting. The applicant needs time to review the effects of the proposed stipulations and has not been able to discuss the changes with his design team due to their absence for the holiday weekend. Please contact me immediately if this request is not feasible. Thank you. Sincerely, Michael S. Schrader President T( /i -�_'i- _. r . _ •-lc FrrM B. F F HPBF;rIF _ _n. TO B.A. K►R,BAN & cQ. IndvsWill b CommNiClsf RosflwS/Developers One Kansas City Place. Suite 39 222,1-4488 Main Sttr et. Kanas City. Missouri 6005 Phone August I& 1996 SENT _ A FACS_E: 612/681-4694 Advisory Planning_ Commission City of Eagan 3830 Pilot Knob Road Eagan, MN RE: Conditional Use Permit - Shaw -Lundquist Associates. Inc. Lot 2, Block 1, Eagandaie Center First Addition P.I.D. No. 1022490-020-011 Located on the West Service Road in the NE'/. of Section 3 Dear Ladies and Gentlemen: I am the owner of 2845 West Service Road, Eagan, 'VIN, an approximately 40,000 sq. ft. officerwarehouse building on a 4.09 -acre lot occupied by General Electric, located two doors south of the referenced property for which Shaw -Lundquist Associates, Inc. has submitted a Conditional Use Permit application. As I will be unable to attend tonight's Advisory Planning Commission public hearing, I would like to go on record that I am strongly opposed to the granting of the proposed Conditional Use Permit without a requirement for extensive screening of the outside storage yard. Based upon the unsightly and disorganized appearance of Shaw-Lundquist's current outside storage yard. I do not believe the screening proposed in the company's development plan is adequate to meet the City Code Land Use Regulations for Conditional Use Permits in the City of Eagan. The yard is not being operated and maintained in a fashion that is consistent with either the properties adjacent to the proposed Shaw -Lundquist site on West Service Road or with the other properties in Eagandale Industrial Center. The high visibility of the site from I -35E further argues against a very untidy storage yard in that location. I have developed, leased and managed millions of square feet of industrial buildings around the country and am acutely aware of the negative effects on property values when there is inadequate screening for ill -maintained, disorderly outdoor storage. Landscaping alone is almost never an effective screen against the appearance of blight. Many communities where I have developed projects are now requiring concrete block, pre -cast or tilt -up concrete walls to screen the outside storage grounds, with the proviso that INDIVIDUAL MEMBERSHIPS society of Industrial and Orrice Realtors I American society Of Rear estate counselors I Institute of Real Estate ManegOvnent Urban Land Institute I National Association of Realtors I Real Estate Board of Kansas City, Mo. Cnarnoer of COnnTRrce. Kan$ae City, MO. 0= FPCrl B . �4 . Y HF E: lr 1F =p _ TQ lbic__: 1C_=4 -._1_ Advisory Planning Commission August 27, 1996 Page 2 materials cannot be stored higher than the walls. Such a policy in Eagan would protect the high quality of development and the substantial investment of those of us with property in the community. In the case of Shaw -Lundquist, at minimum the company should be required to have full -height concrete wall screening to hide the unsightly construction materials in the yard. I appreciate your consideration in this matter. SMj K/tas cc: Mayor Tom Eagan Sincerely, KAARRBBANKfDDEVELOPMENT CO Steven M. Karbank President q,3 TOTHL P-07 Facsimile Cover Sheet To: Company: Phone: Fax: From: Company: Phone: Fax: Date: Pages including this cover page: MARY OLSON MPC 681-7361 681-8106 Harvey H. Mills Mills Companies, Inc. (612) 770-6660 (612) 770-0224 08/27/96 1 TOPIC: SHAW-LUNDQUIST PERMIT REQUEST. THANK YOU FOR ALERTING ME TO THE ABOVE LISTED PERMIT REQUEST. I SUPPORT YOUR RECOMMENDATIONS AS SUBMITTED TO STEVEN DORGAN OF THE CITY OF EAGAN. I AM UNABLE TO ATTEND THE MEETING THIS EVENING WITH THE PLANNING COMMISSION BUT WOULD LIKE YOU TO EXPRESS MY CONCERN AS STATED IN YOUR LETTER TO DORGAN. THANK YOU. PLEASE ADVISE ME OF ANY REMARKABLE DEVELOPMENTS IN THIS MATTER. Page 5 August 26, 1996 ADVISORY PLANNING CONMSSION PUBLIC HEARINGS CONDITIONAL USE PERMIT SHAW-LUNDQUIST ASSOC. INC. Chairman Miller opened the next public hearing of the evening regarding a Conditional Use Permit to allow the outdoor storage of construction equipment on Lot 2, Block 1, Eagandale Center First Addition, P.I.D. 410-22490-020-011, located on the West Service Road in the NE'/4 of Section 3. Associate Planner Steve Dorgan introduced this item. Mr. Dorgan highlighted the information presented in the City staff s planning report dated July 29, 1996. Mr. Dorgan noted the background and history, the surrounding uses and the existing conditions of the subject property. Mike Schroeder, a representative of the applicant, advised the APC that in the applicant's search for the subject site for its company headquarters, it sought a site to provide for a outdoor storage area, in addition to enough land to expand for future growth. W. Schroeder noted that the surrounding uses have outdoor storage and the applicant has provided the City with an inventory of equipment it currently owns of which it intends to dispose, store indoors and/or store outdoors. Mr. Schroeder further noted that the adjacent property, Material Processing Corporation ("MPC") will not have visibility to the site due to the lack of any windows in the MPC building which face the subject site. Mr. Schroeder further noted that storage of all or a majority of the equipment indoors is not practical or economically feasible. Chairman Miller noted the APC's receipt of a letter from Karbank & Company in opposition to the proposed outdoor storage. The applicant's representative further stated that the applicant has conducted outdoor storage since 1984 at its existing site, but all outdoor storage at the proposed site will be more orderly due to the applicant's proposed ability to store some of its items indoors in the warehouse. Mary Olson, President of MPC stated that she objects to the requested conditional use permit. Referring to Section 11.40, Subd. 4(C) of the City Code, Ms. Olson stated that the design, operation and maintenance of the proposed storage will not be compatible m appearance with the existing character of the general vicinity and will change the essential character of the area and substantially diminish or impair the property values of the surrounding area. In support of her contention, Ms. Olson presented three photographs depicting the applicant's outdoor storage at its existing site. The photographs depict several fuel barrels, piles of wood and pallets, unorderly piles of scaffolding, in Page 6 August 26, 1996 ADVISORY PLANNING CONWISSION addition to apparent inoperable vehicles and trailers. Ms. Olson stated that the applicant's move to the new site will not change their way of storing their equipment and inventory outdoors. Ms. Olson further stated that she was advised by a real estate agent that if the applicant conducts or maintains its outdoor storage as it does at the existing site, MPC's property values will be impaired. She further stated that MPC intends to expand their building which will result in placing windows on the side of the building facing the subject site. She further noted that as their customers drive onto their property they will have a visual site line into the applicant's proposed storage area. Ms. Olson stated that the City Code requires all outdoor storage to be enclosed or with proper screening and therefore requests that if the conditional use permit is approved that all of the applicant's inventory, except their trucks, be stored indoors in the warehouse. Ms. Olson concluded that Harvey Mills of Mills Company, Inc. objected to the proposed conditional use permit and presented Mr. Mills' letter to the APC. Fred Hsiao of Shaw -Lundquist stated that the company's existing facility does not have warehouse space and the property is leased. Mr. Hsiao stated that the City has his commitment that the outdoor storage area will be maintained in a tidy and orderly fashion. In response to Member Segal's inquiry, Mr. Hsiao agreed to "reasonable additional landscape" to screen the outdoor storage area. Mr. Hsiao further advised the APC that the company inventory all items stored at the existing site and advised the City which of those items will be stored outside, inside and discarded. Mr. Hsiao added that the move to the new site will be a good excuse to finally dispose of abandoned or surplus items currently stored at the existing site. Member Frank raised the issue of how the City will monitor whether the applicant has abandoned any equipment on the site to which Chairman Miller stated that inspection and enforcement will be conducted by the City to assure that the outdoor storage is in an orderly and tidy manner and not simply have a junkyard appearance. Member Isberg suggested that a condition to the conditional use permit be added to require that no inoperable equipment be stored on site and agreed with Ms. Olson of MPC that a majority of the items could be stored indoors to address the concern of the adjacent property. Rudy Olson of MPC added that the applicant also has diesel fuel tanks stored outside on its existing site. Mr. Olson stated that the subject site and the surrounding area is zoned as an industrial park, not a construction junkyard and expressed concern that if a conditional use permit is approved that the subject site will essentially become a construction junkyard. In addressing the concerns of Mr. and Mrs. Olson, Chairman Miller stated that with a conditional use permit, the City may attach certain conditions, including that no gas tanks, wood piles, scaffolding, hazardous waste, etc. be stored outside. Member Isberg stated that storage of all of the equipment and items currently stored at the applicant's existing site would not be compatible with the area of the subject site, but perhaps as a compromise require the applicant to store certain items inside. Member LO Page 7 August 26. 1996 ADVISORY PLANNING CONMISSION Segal inquired with the applicant that if the applicant's proposed storage area is greater than the proposed warehouse area, then why not increase the warehouse to provide additional storage for certain items to be stored inside. The applicant's representative advised the APC that at its existing site, it has no area indoors to store certain items and therefore everything is stored outside. He noted that with the existence of the proposed warehouse on the site, a lot of the items currently stored outside may be stored inside, with the exception of those pieces of equipment that are made to be stored outside. Chairman Miller emphasized that it is not the City's right to tell the applicant to build a warehouse, but it is the City's right to condition the conditional use permit as to what cannot be stored outside. Member Heyl suggested that the conditional use permit be subject to a condition that only trucks, trailers and automotive vehicles be stored outdoors. Member Isberg concurred with Member Heyl with an added provision that they store trucks, trailers and automotive vehicles be "operable". Member Frank stated that he would support the recommended approval of the conditional use permit with the added conditions that all storage be maintained in an orderly fashion and the storage area be screened. Member Heyl moved, Member Isberg seconded, a motion to recommend approval of a Conditional Use Permit to allow the outdoor storage of construction equipment on Lot 2, Block 1, Eagandale Center First Addition, P.I.D. # 10-22490-020-011, located on the West Service Road in the NEV4 of Section 3, subject to the following conditions: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 2. A revised landscape plan shall be submitted showing additional landscaping along the south property line to screen the storage area. The C.U.P. shall be continually subject to the following conditions: 1. The building and site shall be properly maintained in a neat and orderly manner with no inoperable machinery or garbage, waste materials or debris stored outdoors. 2. The developer shall construct a storm water basin to control post -development storm water runoff to less than or equal to pre -development rates so as not to overburden the existing storm sewer system. 3. The developer shall install a hydrant near the northeast comer of the proposed building to provide proper hydrant spacing for fire protection to the entire building. 4. The developer shall be subject to a $7,800.00 cash mitigation for significant tree removal. q7 Page 8 August 26, 1996 ADVISORY PLANNING CONMISSION 5. The developer shall install Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting) at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 6. The developer shall contact the City Forester Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 7. The existing fence in the northwest comer of the property shall be repaired and properly maintained. 8. All rooftop mechanical equipment shall be screened from view. 9. All outdoor storage shall be limited to the operable trucks, trailers and automotive vehicles associated with the business in the location designated on the site plan dated August 6, 1996. 10. All outdoor storage shall occur on paved surfaces with curb and gutter. 11. All signage shall meet City Code requirements. 12. No outdoor storage of hazardous waste or fuel shall occur on the property. All approved in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 29, 1996 APPLICANT: Shaw -Lundquist Assoc., Inc. PROPERTY OWNER: Northwestern Mutual Life Ins. Co. REQUEST: Conditional Use Permit LOCATION: 2777 Eagandale Industrial Blvd. COMPREHENSIVE PLAN: Limited Industrial (IND) ZONING: Light Industrial (LI) SUMMARY OF REQUEST CASE #: 3 -CU -20-7-96 HEARING DATE: August 27,1996 PREPARED BY: Steve Dorgan Shaw -Lundquist is requesting approval of a Conditional Use Permit (CUP) to allow the outdoor storage of construction equipment in conjunction with a proposed office/warehouse building to be located on Lot 2, Block 1, Eagandale Center First Addition, (P.I.D. 4 10-22490-020-011) in the NE 1/4 of Section 3. FA all . 14RIVI Wa 9101Z's 9 Conditional Use Permit: City Code Chapter 11, Section 11.40, Subd. 4, C states: The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report - Shaw -Lundquist CUP August 27, 1996 Page 2 D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. City Code Chapter 11, Section 11.40, Subd. 4, D states: In reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they may deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Eagandale Center First Addition received preliminary subdivision approval in October of 1980. The preliminary plat consisted of two lots on 7.7 acres. Lot 1 was originally purchased by Midwest Coca Cola Bottling Co. for future expansion and is currently being used for storage of semi -trailers associated with the business. Lot 2 has never developed. A 30 foot dedicated ingress and egress easement currently exists along the north property line of the subject lot. This easement was established through a private agreement between the property owners of Lots 1 and 2. The provision of the agreement was established so that if the owner of Lot 1 were to develop, the lot would have access through the easement to West Service Road. A portion of the easement is currently used by the property to the north for access to their site. A railroad easement is located along the west property line of the subject lot separating Lots 1 and 2. The 3.95 acre lot is undeveloped. The topography on the site generally slopes from the south to the north and west. Existing vegetation consists of significant trees throughout the property with several stands of softwood trees. No wetlands are located on the property. The property is served by a railroad spur along the west property line. MR Planning Report - Shaw -Lundquist CUP August 27, 1996 Page 3 The following existing uses, zoning and comprehensive guide plan designations surround the subject property: North - Midwest Coca-Cola Bottling Company (McKee); zoned Light Industrial (LI) and guided Industrial (IND) South - Material Processing Corporation; zoned Light Industrial (LI) and guided Industrial (IND) East - West Service Road/Interstate 35E West - Midwest Coca-Cola Bottling Company; zoned Light Industrial (LI) and guided Industrial (IND) t The applicant is proposing an office, warehouse and storage yard to house their offices, construction products and equipment associated with the business. The applicant is proposing a building consisting of 6,905 SF of office space located along the front or east side of the lot facing West Service Road. In addition, an 8,000 SF warehouse facility is proposed to be located behind the office portion of the building. The outdoor storage associated with the business is proposed to be located behind the building at the rear of the property on a portion of a 34,000 SF paved area with curb and gutter as indicated on the site plan. The rear portion of the site will include an area of approximately 62,000 SF which will be entirely enclosed with a 6 foot chain link fence. All outdoor storage associated with the business is proposed to be located on paved surfaces as indicated on the proposed site plan. Compatibility with Surrounding Area - The outdoor storage of construction equipment for the proposed site appears to be consistent with the surrounding area which is generally compatible with industrial development. Midwest Coca Cola Bottling Company, located to the north and west of the proposed site, is currently storing semi -trailers, storage tanks and rail cars on their property. All of the surrounding property is zoned and guided for industrial development. The proposed storage yard will be adjacent to the Material Processing Corporation (MPC) building to the south. The MPC building does not have windows on the north face of their building. The proposed storage will not be visible from Interstate 35E from the east. Tree Preservation - The proposed site contains 19 significant trees, 17 of which are located within the buildable area of the site and will be removed. The applicant has submitted a landscaping plan showing required landscaping as tree mitigation based on the proposed tree removal. The proposed mitigation shown on the landscaping plan is unacceptable. Due to the limited space on the site to install additional trees, the applicant will be subject to a cash mitigation. Planning Report - Shaw -Lundquist CUP August 27, 1996 Page 4 Landscapinp. - The west portion of the lot is proposed to be left natural, preserving most of the existing trees and vegetation on this portion of the lot. The landscape plan shows the continuation of the existing landscaping to the south, which consists of a 3' berm with plantings of Red Maple trees and additional plantings to screen the parking lot. Additional landscaping is shown along the north and south property lines providing screening to the adjacent properties. The proposed landscaping plan is acceptable. Architecture - The office portion of the building is proposed to be constructed with multi -colored block with a metal roof design vestibule. The warehouse portion of the building shows a 24' high concrete pre -cast construction with a raked finish. All rooftop mechanical equipment should be screened from view. The proposed building design meets all City Code requirements. - The applicant is proposing wall signage on the front of the building along West Service Road. A ground sign is shown to be located in the center of the lot also along West Service Road. The proposed signage meets all City Codes pertaining to size and location. Setbacks - The proposed development meets all required building and parking/storage setbacks. Puking - City Code requires 62 parking spaces for the proposed combination of office and warehouse space. The applicant is proposing to provide 63 parking spaces. An approximate 3,800 SF expansion to the office space is proposed for the site which would require 25 additional parking spaces. The applicant intends is dedicating space for 29 additional parking spaces around the perimeter of the storage equipment storage area which would provide for future expansion. Lighting - The site plan shows three box style lights on 25' standards within the parking lot at the front of the building. The parking and storage area at the rear of the lot is proposed to be lit by box security lighting on the back and side walls of the building. Trash/ Recycling Materials - Trash and recycling enclosures are shown attached to the building directly adjacent to the loading dock area along the north side of the building. These enclosure should be constructed with materials consistent with that of the principle building. Access - Access to the site is proposed at two locations from West Service Road. The northerly access is an existing entrance shared with the property owner to the north. An existing fence in the northwest corner of the site within this access easement is in disrepair and should be removed or restored to its proper condition. Grading/Wetlands - The preliminary grading plan is acceptable. Portions of the site were graded previously with adjacent development. The grading shows a maximum cut of 8 feet with no significant fill areas. There are no jurisdictional wetlands on the site. Storm Drain= - With minor revisions the storm drainage plan is acceptable. The applicant is proposing to drain storm water runoff from the site through an internal storm sewer system to a storm water basin which drains to an existing storm sewer at the southwest corner of the site. The applicant Planning Report - Shaw -Lundquist CUP August 27, 1996 Page 5 shall construct a storm water basin to control post -development storm water runoff to less than or equal to pre -development rates so as not to overburden the existing storm sewer system. Utilities - Sanitary sewer and water main are available for connection along West Service Road. The applicant is proposing to install one fire hydrant along the east side of the building. The applicant shall also install another hydrant near the northeast comer of the proposed building to provide proper hydrant spacing for fire protection to the entire building. The utilities plan is acceptable. Shaw -Lundquist is proposing an office, warehouse and storage yard for the subject site. Outdoor storage requires a Conditional Use Permit. The proposed outdoor storage of construction equipment appears compatible with the site and surrounding uses. The proposal is consistent with outdoor storage of adjacent properties as well as the general vicinity. • • •m is) 1 To approve/deny a Conditional Use Permit for Shaw -Lundquist Inc. to allow outdoor storage of construction equipment in conjunction with a proposed office/warehouse building to be located on Lot 2, Block 1, Eagandale Center First Addition, (P.I.D. # 10-22490-020-011) in the NE 1/4 of Section 3. If approved, the CUP shall be subject to the following conditions prior to issuance of a conditional use permit: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. 2. A revised landscape plan shall be submitted showing additional landscaping along the south property line to screen the storage area. The C.U.P. shall be continually subject to the following conditions: 1. The building and site shall be properly maintained. 2. The developer shall construct a storm water basin to control post -development storm water runoff to less than or equal to pre -development rates so as not to overburden the existing storm sewer system. 3. The developer shall install a hydrant near the northeast comer of the proposed building to provide proper hydrant spacing for fire protection to the entire building. 4. The developer shall be subject to a $7,800.00 cash mitigation for significant tree removal. (03 Planning Report - Shaw -Lundquist CUP August 27, 1996 Page 6 5. The developer shall install Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting) at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 6. The developer shall contact the City Forester Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 7. The existing fence in the northwest corner of the property shall be repaired and properly maintained. 8. All rooftop mechanical equipment shall be screened from view. 9. All outdoor storage shall be limited to the construction equipment associated with the business as listed on the revised site plan dated August 6, 1996, and at locations as shown thereon. I0. All outdoor storage shall occur on paved surfaces. 11. All signage shall meet City Code requirements. FINANCIAL OBLIGATION - 3 -CU -20-7-96, Lot 2, Block 1, Eagandale Center 1st Addition There are pay-off balances of special assessments totaling $6,574 on the parcel for which the conditional use is requested. . At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement None Use Rate Quantity Amount M City of Eagan Location Map Shaw -Lundquist Conditional Use Permit Case No. 3 -CU -30-7-96 N 0.11 0 0.11 Miles �O City of Eagan Community Development Department ShavwLunquist Assoc. in City o f Eagan Case No. 3 -CU -24-7-96 Zoning Map Q N Current Zoning 1-1 Limited Industrial Qty of Ea an Community Development Department I � lIi I p•r M 11 :i• a ide Pia n ( imi -T• ignatia duStria I r cz cm W ui Lu LLJ his 2u;ii n- �. �r• �. •r.a . w � � M .... rads. 1p t. I- I I I M; R� i r H I J R I N Q Q 2 J N ' - P � 7r tD8 Z J 1. l�sYi!i Ulf aye SF6.('st a6aiLCL2 FsJ tesll#caf ( r 6f 1pflii=t� sad aaeaasa sfi6er:{1•��i 2 L C �0 IN: A. to 5 I y S� W Y O ¢^ O 's e • Y i O sO o i= a U IL I SHAW-LUNDOUIST ASSOCIATES INC The Request Shaw -Lundquist Associates Inc. respectfully requests that the City of Eagan approve a request for a Conditional Use Permit to allow for outside storage on the 3.9595 acre parcel legally described as Lot 2, Block 1, Eagandale Center First Addition, Eagan, MN. Shaw Lundquist has purchased the parcel for the purpose of constructing their new corporate headquarters. Comprehensive Guide Plan Designation Existing: L-1 Light Industrial Proposed: L-1 Light Industrial Zoning Classification Existing: L-1 Light Industrial Proposed: L-1 Light Industrial Existing Land Use & Surrounding Land Use The subject property is currently vacant and undeveloped. The property is in the middle of the Eagandale Industrial park development and is bounded by Interstate 35E to the East, a rail line to the West, Coca Cola to the North and Material Processing Corporation to the South. The Coke parcel is used for storage and distribution and Material Processing, which reclaims precious metals from electronic circuitry, is a typical industrial user. The Applicant Shaw -Lundquist is a privately owned, family based Company that was founded in 1974 by Fred Hsiao (pronounced Shaw) and Lyle Lundquist. The Company provides construction management services, general construction, design -build, demo/remodeling, tenant improvements, concrete and masonry in the areas of institutional, commercial and industrial development. The Company has a bonding capacity exceeding $50 million and has completed contracts ranging from $50,000 to $14 million. The Company has leased space off Dodd Road in Eagan for some time and now seeks to build and occupy their own facility. Mr. Lundquist retired in 1984 and the Company is now run by the Hsaio family. Listed below is a sampling of the diverse types of projects recently undertaken by Shaw -Lundquist: -Mankato State University, -Northwest & West Central, Trafton Science Center Addition Elementary Schools -Ten-E Packaging, -NSP Company, 1995 Expansion Chestnut Service Center -MN DOT,-Southdale-Henn. Area Library, Comp. Rm & Safety Center II/III Addition & Remodel -US Postal Service, -Ravoux M -Rise, Burnsville Facility Modernization -Messiah Lutheran Church, Sanctuary Proposed Development Shaw -Lundquist would like to build an office/warehouse/storage yard to house their corporate offices, construction products and equipment. The plan submitted calls for the office portion of the facility to be 8,000 square feet at frontal elevation facing West Service Road and is to be constructed of multi -colored cultured block with a metal roof design vestibule. An alternate plan, which is also depicted on the plan with a dotted line, calls for an office size of 12,000 square feet. In either case, an attached 8,000 square foot warehouse facility constructed of insulated precast panels at 24' clear height is planned. To the rear of the site, applicant requests outside storage for loaders, equipment, trailers and other various items required in the course of a general contractors business. The rear portion of the site will include a fenced area of approximately 62,000 square feet. Depending on the office size selected and resulting parking requirements, a paved area of 27,000-34,000 square feet will be included in the fenced area. The fenced area is designed as a perimeter fence. As depicted in the Landscape Plan presented, the rear area is designed to be left as much natural as possible in an effort to preserve many of the existing tree base as well as afford the applicant desired outdoor storage. The building configuration allows nearly complete coverage of any outdoor storage use from West Service Road, is bounded by Coke's similar storage use requirement to the East, railroad to the rear of the property and an industrial user to the South. The project is a single phase development and is targeted for Spring of 1997 construction. F Page t 1 �� JUL-31-1996 14:19 SCHRADER UEENTURE CARP. P.03 Show-Lundqulst Associates, Inc. Confidential 7130/96 List of Major EqutpmentlTools Type Description Future Use Ware. Yard Approx. SIZE Yard Space Ware. Space Current Loc. (if not at job) 0E Crane 1 Yes X .10 35 350 Yard CE Crane 2 Yes X 10 30 300 Yard CE Storage Trailer 1 Yes X 8 41 328 Yard GE Storage Trailer 2 Yes X :8 41 326 Yard CE Storage Trailer 3 Yes X :8 41 326 Yard CE Storage Trailer 4 No : a 41 Yard Ci Storage Trailer 5 No ` 8 41 Yard CE Storage Trailer 6 No 8 41 Yard Cf Green Shack 1 No :10 12 Yard CE Green Shack 2 No 10 12 Yard M Green Shack' 3 No 10 12 Yard M Green Shack 4 No 10 12 Yard CE Office Trailer 1 Yes X 8 26 208 Yard CE Office Trailer. 2 Yes X 8 26 208 Yard 0E OftiZe Trailer; 3 Yes X 8 26 208 Yard CE Office Trailer.. +► Yes X 8 26 208 Yard CE Office Traile i 5 Yes X 8 26 208 Yard Cf Office Trallef 6 Yes X 8 26 208 Yard CFE Office Trailer 7 No 8 26 Yard CE Office Trailer 8 Yes X 8 4 0 320 Yard M Office Trailer. 9 Yes X 8 40 320 Yard M Cargo Container 1 Yes X 8 20 160 Yard CE Cargo Container 2 Yes X 8 20 1 5 0 Yard M Skid Loader' 1 Yes X 4 7 28 Yard CE Skid Loader 2 Yes X 4 7 28 Yard CFE Skid Loader ; 3 Yes X 4 7 2 8 Yard CE Skid Loader: 4 Yes X 4 7 28 Yard CE Skid L. Attabhments. Yes X 20 20 400 Yard CE Boom Truck 1 Yes X 8 30 240 Yard CE Fork Lift 1 Yes X 8 20 ISO Yard CE Fork URI 2 Yes X 8 20 160 Yard CE Trailer 1 Yes X 8 35 280 Yard CE Trainer 2 Yes X 8 1'6 128 Yard M Trailer 3 Yes X 8 16 128 Yard Page t 1 �� JIL-31-1995 14:19 SCHRADER UENTURE CORP. P.04 y Shaw -Lundquist Associates, Inc. Confidential 7/30196 CE Pick up 1 Yes X '8 16 128 Yard Cf 2 ton Truck 1 Yes X 8 20 160 Yard Cf Door Cart f Yes X.2 b 12 Trailer CE Door Cart 2 Yes X ::2 6 12 Trailer GE Door Can 3 Yes X :2 6 12 Trailer G E Door Cart 4 Yes X ' 2 6 12 Yard CE Gang Box 1 Yes X 13 6 18 Yard M Gang Box 2 Yes X ::3 6 Is Yard CE Gang Box 3 Yes X 3 6 is Yard C -E Gang Box 4 Yes X 3 6 18 Yard (M Gang Box 5 Yes X 3 6 18 Yard M Gang Box - 6 Yes X .3 6 18 Yard Cf Gang Box ® 7 Yes X 3 6 18 Yard CE Gang Box 6 Yes X 3 6 18 Yard GE Gang Box 9 Yes X 3 6 is Yard Cf Gang Box 10 Yes X 3 6 18 Yard GE Sheetrock Cart 1 Yes X 2 6 12 Trailer CE Trash Cart 1 Yes X 3 6 18 Yara CE Trash Cart 2 Yes X 3 6 is Yard CE Insulated Blankets I Yes X 12 25 300 Yard GE Sandblast Machine 1 Yes X 3 6 18 Shed CE Gas Welder 1 Yes X 2 2 4 Shed CE Electric Welder 1 Yes X 2 2 4 Shed M Rand Tools Yes X 20 20 400 Trailer CE Diesel Container 1 Yes X 5 6 40 Yard CE Diesel Container 2 Yes X 5 8 40 Yard CM Diesel Container 3 Yes X 5 8 40 Yard CE Diesel Container a Yes X 5 8 40 Yard Cf Diesel Container 5 Yes X 5 8 40 Yard M Compressor : 1 Yes X 6 8 48 Yard Cf Compressor: 2 Yes X 6 8 48 Yard M Generators 1 Yes X 4 4 16 Trailer CE Generators 2 Yes X 4 4 16 Trailer W Metal Rack 1 Yes X 8 20 160 Yard CR Wood Materials 1 Yes X 4 0 40 1600 Yard MA Excess Material t Yes X 10 20 200 Yard MA Scaffolding 1 Yes X 20 20 400 Yard MA Mortar Mixer 1 Yes X 6 8 48 Yard MA Mortar Mixer 2 Yes X 6 8 46 Yard CO Finishing Equip 1 Yes X 10 is 160 Shedlrrailer CO Finishing Equip 1 Yes X 20 20 400 Shed/Trailer CC) Pan Forms 1 Yes X 20 40 B 0 0 Yard CO Curb Forms : I Yes X 12 20 240 Yard JUL-31-1996 14:19 SCHRADER UENTURE CORP. .d• P-25 Shaw•Lundquist Associates, Inc. Confidential 7130/96 M) Forming Material 1 Yes X 1;0 10 100 Yard Cn Concrete Pum Gt 1 Yes X 4 6 24 Yard 00 Power Trowels, 1 Yes X 4 4 16 Shed/Trailer CO Power Trowels 2 Yes X 4 4 16 Shed/Trailer CID Power Trowels : 3 Yes X a 4 16 Shed/Trailer CD Power Trowels:4 Yes X 4 4 16 Shed/Trailer CD Power Trowels;: 5 Yes X 4 4 16 Shed/Trailer CO Power Trowels: 6 Yes X 4 4 Is ShOd/Trailer CID Tamper 1 Yes X 3 4 12 Shed/Trailer Ln Tamper 2 YES X 2 2 4 Shed/Trailer 00 Tamper 3 Yes X 2 2 4 Shed/Trailer M Tamper 4 Yes X 2 2 4 Shed/Trailer CO Power Buggy 1 Yes X 3 4 12 Shed/yard CO Power Buggy 2 Yes X 3 4 12 Shed/yard CO Power Buggy 3 Yes X 3 4 12 Shed/yard CO Power Buggy 4 Yes X 3 4 12 Shod/yard CD Power Buggy 5 Yes X 3 4 12 Shed/yard CD Power Buggy 6 Yes X 3 4 12 Shed/yard 00 Concrete Mixer: 1 Yes X 3 8 24 Yard CD Concrete Bucket 1 Yes X 6 6 36 Yard M Concrete Bucket 2 Yes X 6 6 36 Yard CO Concrete Bucket 3 Yes X 6 6 36 Yard CO Concrete Bucket a Yes X 6 6 36 Yard Heaters/Access. Yes X 2,0 20 400 Trailer Hand Tools Yes X 2'0 40 800 Trailer Records Yes X 2:0 40 800 Trailer 10000 3608 Page 3 3 i Materials Processing Corporation August 20, 1996 Mr. Steven Dorgan City of Eagan 3830 Pilot Knob Rd Eagan, MN 55122 TOPIC: REGARDING SHAW- LUNDQUIST CONDITIONAL USE PERMIT As owners of the adjoining business property we are objecting to the conditional use permit proposed by Shaw -Lundquist for outdoor storage of construction equipment and material. We are enclosing a picture of their current yard storage area which shows equipment and materials which will be moved next door to our facility. It is messy, rusty, and junky looking and !L= compatible with properties in the proposed general vicinity. We do not believe it meets the City Code. Chapter 11, "Land Use Regulations" Subd. 4. Conditional Use Permits. #!3 (p. 326) which states, "Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair propeM values within the neighborhood." • Compatibility in appearance with the outdoor storage in this area involves storing trailers outside, as does Coca Cola, in a neat orderly fashion. No one else has such a mix of outdoor storage for trash carts, wood materials, scaffolding, pan and curb forms, concrete pump, concrete mixer and buckets, doors carts, sheet rock carts, sandblasting machine, metal racking, finishing equipment, forming materials and excess materials, cranes, boom truck, fork his, skid loaders. cargo containers, and barrel diesel fuel containers. It is not compatible in appearance with our property or the adjoining properties. • The pictures show that the current outdoor storage is clearly not maintained in a manner that is compatible in appearance with the character of the general vicinity of the Eagandale Industrial Center. Moving from a leased facility to a privately owned facility, which is black topped, will not ensure that this miscellaneous assortment of items, shown in the picture, will be maintained or look any differently when stored out doors next to our facility or the adjoining properties. We know it will lower the value of our property to have the listed equipment and material stored outside next to our property. Russ Crawford, a real estate agent who handles the sale and lease of industrial property in this area, was asked by us how this outdoor storage would impact the value of our property. His words were, "It would not bode well". As individuals we have just invested two million dollars to build our facility in the Eagandale Industrial Center and we do not want to see our property value diminished or impaired. 2805 West Service Road, Eagan, MN 55121 • ell: (6 2) 681-8099 • Fax (612) 681-8106 It will also negatively impact future planned office expansion of our MPC building. Please note. -on the attached drawing, the north/east side of the MPC building. There is a glass door/vestibule entry into the space and there is a wall which separates this space from the existing warehouse. This area is designed to be easily joined to the existing office space. At the time we do this office/show room expansion, it is our intent to continue the windows along the east side wrapping around to the north side. With the current proposed outdoor storage we would be staring directly into this messy outdoor storage area. The McKee business property, to the north side of the proposed building, will also have the problem of their existing two story office space looking directly at the proposed outdoor storage. To be compatible with the outdoor storage in the general vicinity we request that the truck be permitted to park in the proposed outdoor storage area to the rear of the building. We also request that this outdoor storage area of trailers be screened from our Property with evergreen trees, along the southern and of the eastern border ,p_rolleM line/storag area. in a similar manner to how Coca Cola screen their trailers. This would be in compliance with the City Code Subd. 15 "Landscaping", Subd. F, Screens and Buffers Requirements. 42 (a) states. ...outdoor storage areas shall be screened from ... adjacent differing land use by ....shrubs, deciduous overstory, understory, or coniferous trees or hedge materials. The height and depth of the screening shall be consistent with the height and size of the area to be screened. .... planting shall be such as to achieve seventy-five percent (75%) opacity year- round at maturity. All other listed equipment and miscellaneous materials should be stored inside an expanded warehouse, in the same way that we and other companies in the Eagandale Park do. (We do realize that there are several companies in the Center who neatly store a single finished product outside. Ex: Tubing) Based on paperwork provided to the city by Shaw -Lundquist, an additional 6,304 square feet of warehouse would store all the listed equipment and miscellaneous materials inside. The property can accommodate this additional building square footage. We paid the extra money to build a larger warehouse to store such miscellaneous items inside. We request that Shaw -Lundquist be required to do the same. We carefully choose this site because of the planning that had gone into the development and the excellent overall appearance of the Industrial Center. Please do not approve the conditional use permit, as currently written, which will negatively impact the appearance of our property and its' property value. Sincerely, A ? .� i � i Mary lson Rudolph K. � Ison (0� Agenda Information Memo September 17, 1996 Eagan City Council Meeting ACTION TO BE CONSIDERED: To approve or deny an ordinance amending Chapter 2, Section 2.11 of the City Code regarding salaries of Mayor and Councilmembers that would increase the annual mayor's salary by $500 to $9,500 and the annual Council's salary from $6,480 to $6,880. FACTS: During the past seven years there have only been two adjustments to the salaries of the Mayor and City Councilmembers. The first salary adjustment occurred by action of the City Council on January 6, 1989 and went into effect on January 1, 1990 and the second adjustment was enacted March 18, 1994 and became effective January 1, 1995. • The salary for office of mayor is $750 per month or $9,000 per year and for City Council the salary is $540 per month or $6,480 per year. During review of the 1997 preliminary budget, the salary for mayor and council are less than cities of comparable size such as Coon Rapids, Burnsville, Brooklyn Park, Blaine. It was also discussed that the responsibilities and time commitment continue to increase for the office of mayor and city councilmembers and it seemed appropriate to consider an increase in the annual salary. • The amount discussed at the budget work session held on August 26, was a monthly increase from $750 to $791.67 for the mayor and a monthly increase from $540 to $573.33 for the city council. ISSUES: State law requires that any action to increase the salary of the mayor or city council must be adopted by ordinance and could not go into effect until the next calendar year following the next municipal election. If the increase is improved, it will not become effective until January 1, 1997. ATTACHMENTS: • Amendment of the City Code, page SENT BY: 9-13-86 ; 14:23 ; SEYERSM SHE DON 612 681 4612;# 2/ 2 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE C[TY OF EAGAN, MINNESOTA, AMLNDING PAGAN CITY CORE CHAPTER TWO ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY AMENDING SECTION 2.11 REGARDING SALARIES OF MAYOR AND COUNCLN EMBERS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECHON 2.99. R -94M The City Corned ofthe City of Eagan does mdaiu: Sectim 1. Eagan City Code Chapter Two is hereby ammded by chanidng Section 2.11, to read as follows: Sec. 2.11. Salaries of Mayor and Councilmembers. Salaries of the Mayor and Council are hereby fixed as follows, which amounts are deemed reasonable: Subd. 1. The monthly salary of the Mayor shall be $791.67. Subd. 2. The monthly salary of the each Councilmember shall be $573.33, Sabel. 3. Salaries provided for heroin shall become effective January 1, 1997. Section 2. Eagan City Code Chapter 1 eaztided "General Provisions and Definitions Applicable tv the Entire City Code hwlud'mg 'Penalty for Violatioe and Section 2.99, entitled "Violation a Mtsdcmeanor" are hereby a&)pted in the entiM by reference as dwu& repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication W=Ming to law. ATTEST: CITY OF PAGAN city counc>Y By. E J. VanOverbckc Its: Cleric Fe a 4 ,Z Mq By: Thomas A. Egan HK Mayor Date Ordinance PablisW M* ' the Legal Newspaper: E12 432 3780 09-13-96 02:38PM P002 #41 Agenda Information Memo September 17, 1996 E. DAKOTA COUNTY 5 -YEAR CIP 1997 - 20011 ACTION FOR COUNCIL CONSIDERATION: To provide staff with comments and/or direction in response to the County's Draft 5 -Year CIP (1997-2001). FACTS: On May 20, the City Council formally reviewed the County's current 5 -Year CIP (1996 - 2000) and made several requests for consideration in the preparation of the County's 1997-2001 CIP. Enclosed is the letter forwarding that action to Dakota County. The County Highway Department has reviewed all the requests from local municipalities and has prepared comments and recommendations that are being forwarded to the County Board for consideration. A list of the City's requests and the County staffs response are enclosed. Also enclosed is a summary listing of various public improvements where the City and County proposed schedules differ from the current approved 5 -Year CIP (1996-2000). Due to the City's inability to approve public improvements within the programmed year as adopted by both the City and the County, the County Highway Department is recommending that many requested improvements by the City be programmed to a "future" category and that the City enter into a construction/design engineering agreement prior to the County beginning any work effort. The basis for this preliminary agreement would be to require the City to reimburse the County for all costs incurred if the City does not approve the project for the year programmed in an approved CIP. Also, the County will not consider signalization projects of a different priority than their current Signal Project Ranking System. ISSUES: • The City Council should consider a response to: 1. The County's proposal to require a preliminary construction/design engineering agreement. 2. Level of commitment to a particular project when it is programmed for a specific year. 3. A formal request for reconsideration for any particular project and year. ATTACHMENT: • The City of Eagan's initial r ts/comments, pages athrough •County's response, pages and • City/County differences on 5 -Year CH page l2'� Dear Mr. Richardson: In response to your April 22 request, the City Council on May 20, formally reviewed the County's current 5 -Year CIP (1996-2000) and has made several requests for consideration in preparing the 1997-2001 CIP. Enclosed with this letter is a summary of those requests and comments supporting each one. These requests were approved unanimously by the City Council. A copy of the formal minutes on the action can be provided if so requested. The City of Eagan has enjoyed an excellent working relationship with Dakota County in coordinating major capital improvements within a schedule and budget compatible to both agencies. Unfortunately, there have been only two occasions in recent history where the City was not able to formally proceed with the improvement in the programmed year as a result of the local public hearing process. We want to assure you that this should not reflect on the City's commitment for progressive transportation improvements within our community. We look forward to continuing our past cooperative relationship as we plan for the future together. Please let us know as soon as possible if there are any concerns associated with these requests. Thank you for your consideration and time. Sincerely, Thomas A. Colbert, P.E. Director of Public Works TAC/,11 cc: Thomas L. Hedges, City Administrator Ken Vraa, Director of Parks & Recreation Dave Everds, County Highway Engineer Enclosure: Dakota County 5 -Year CIP Comments MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3630 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT EAGAN. MINNESOTA 55122.1897 EAGAN. MINNESOTA 55122 PHONE: (612) 661-4600 PHONE: (612) 681.4300 FAX: (612) 681.4612 Equal Opportunity/AIfIrma tly Action Employer FAX: ;612) 681.4360 TDO: (612) 454.8535'00' ;612) 454.8535 THOMAS EGAN May 21, 1996 �Vlcyor PATRICIA AWADA SHAWN HUNTER j SANDRA A. MASIN MR 13RANDT RICHARDSON THEODORE WACHTER i COUNTY ADMINISTRATOR Council Memoers i 1590 HWY 55 THOMAS HEDGES City Adminisirctor HASTINGS MN 55033 E. J. VAN OVERBEKE City Clerk Re: Dakota County 5 -Year CIP (1997-2001) City of Eagan Comments/Requests Dear Mr. Richardson: In response to your April 22 request, the City Council on May 20, formally reviewed the County's current 5 -Year CIP (1996-2000) and has made several requests for consideration in preparing the 1997-2001 CIP. Enclosed with this letter is a summary of those requests and comments supporting each one. These requests were approved unanimously by the City Council. A copy of the formal minutes on the action can be provided if so requested. The City of Eagan has enjoyed an excellent working relationship with Dakota County in coordinating major capital improvements within a schedule and budget compatible to both agencies. Unfortunately, there have been only two occasions in recent history where the City was not able to formally proceed with the improvement in the programmed year as a result of the local public hearing process. We want to assure you that this should not reflect on the City's commitment for progressive transportation improvements within our community. We look forward to continuing our past cooperative relationship as we plan for the future together. Please let us know as soon as possible if there are any concerns associated with these requests. Thank you for your consideration and time. Sincerely, Thomas A. Colbert, P.E. Director of Public Works TAC/,11 cc: Thomas L. Hedges, City Administrator Ken Vraa, Director of Parks & Recreation Dave Everds, County Highway Engineer Enclosure: Dakota County 5 -Year CIP Comments MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3630 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT EAGAN. MINNESOTA 55122.1897 EAGAN. MINNESOTA 55122 PHONE: (612) 661-4600 PHONE: (612) 681.4300 FAX: (612) 681.4612 Equal Opportunity/AIfIrma tly Action Employer FAX: ;612) 681.4360 TDO: (612) 454.8535'00' ;612) 454.8535 DAKOTA COUNTY 5 -YEAR C1P (1997-2001) CITY OF EAGAN REQUESTS (5-20-96) Roadway improvements REQUEST YEAR LOCATIONIIMPROVEMENT 1. Reschedule 1996 to 1998 Cliff Rd. from ChesMar Or. to 5. Reschedule Future to 1997 Le)angton Ave. 2. Reschedule/New Future to 1998 Lexington Ave. from Yankee Addition Doodle Rd. to Club View Dr. 3. New Addition Future Lone Oak Rd. from TH 13 to Pilot Knob Rd. (3 -lane urban design) *South half of segment appears to be currently double programmed for 1998 and Future. Signals REQUEST YEAR LOCATION11MPROVEMENT 4. New Addition 1997 Diffley Rd. @ Rahn Rd. 5. Reschedule Future to 1997 Yankee Doodle Rd. @ Washington Dr. Trailways REQUEST YEAR LOCATIONAMPROVEMENT 6. Reschedule 1996 to 1998 Cliff Rd. from ChesMar Dr. to Lexington Ave. (south side) 7. New Addition Future Cliff Rd. from Lebngton Ave. to TH 3 (south side) �a� DAKOTA COUNTY 5 -YEAR CIP (1997-2001) CITY OF EAGAN COMMENTS (5-20-96) 1. This request is based on Council action resulting from the public hearing held on May 7, 1996. 2. With the pending development of the Eagan Promenade, proposed development of the Dart Transit property (NE comer of 43 & 28 - 200 acres), proposed expansion of the Bulk Mail Center and current inquiries for development of residual vacant land along the Lexington Avenue corridor, Lexington Avenue should be programmed for capacity improvements and signalization at the intersections of Northwood Drive (future) and also Gemini Road (existing). 3. Lone Oak Road should be considered for some improvement in the future. Due to projected low volumes, a 34ane design could be considered. 4. As of December 12,1995, the Diffley Road/Rahn Road intersection is the highest ranking intersection in Dakota County in need of signals based on traffic volumes and corollary accidents (see attached.) However, if signalization of this intersection will require the controversial removal of a portion of the Diffley Road frontage roads west of Rahn Road and right-of-way acquisition of residential properties to accommodate the addition of required center left -tum lanes, alternative design features should be explored. S. The signalization of Yankee Doodle Road with Washington Drive is currently under contract for 1996. However, consistent with the County's previous funding program, I should technically be programmed for 1997 concurrent with the 6 -lane improvement of Yankee Doodle Road. 6. This corresponds to the Cliff Road improvement in #1. 7. With the ultimate improvement of Cliff Road, a trail should be programmed as well. TAC9 rm,.nrj=� N w d O LU uiz O 0 CO d U Z = W Y CJ C Z = O GC D O � (Oj U 0 UA a J ui Z Y w G� bit c i Tic? 1=.'i -2/q5 09:4t UAKC';- COUNTY-WESTEPN SEPQ. 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HIGHWAY DEPARTMENT _ :a 6 ;• 2: a.. • - V_ X955 GALAXiE AVENUE 300 FLOC- APPLE VALLEY '/INNESC-- DATE: August 8, 1996 TO: Dakota County City Public Works Directors/Engineers Dakota County Township Clerks FROM: David L. Everds, Dakota County Engineer SUBJECT: Highway Department Responses to Cities Comments on the Dakota County 1997-2001 CIP This spring County staff began work on the 1997-2001 County Capital Improvement Program (CIP). At that time your city was mailed a copy of the 1996-2000 CIP with a request for your comments and proposals for additional projects to be included in the 1997-2001 CIP. Attached is a copy of the County Highway Department's draft 1997- 2001 CIP and responses to the requests of the cities. One of the concerns raised by the cities has been the lack of time for staff to discuss these issues with their respective Councils. The Highway Department is trying to address this problem by mailing staff comments and recommendations to you, providing an adequate amount of time to review and respond to the County Highway Department by October 1, 1996. These comments have not been reviewed by the County Administrator or the County Board. The County Board and Administrator will be reviewing these comments during the month of August. If you have questions or need explanation on some portion of the proposed CIP, please call Lezlie Vermillion at 891-7104. cc: Brandt Richardson Dave Unmacht Ken Harrington Margaret Schreiner Louis Breimhurst Jack Ditmore Orinted on recycled paper_ 20% Dost -consumer A L AN EQUAL OPPORTUNITY EPAPLG'+E? 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Roadway Improvement Cliff Rd. 1996 1998 Future (ChesMar to Lex.) 2. Signal Lex. @ Wescott 1996 Future Future 3. Signal Diffley @ Rahn NA 1997 Future (Study only in `97) 4. Signal Pilot Knob @ Highsite 1997 1997 Future 5. Signal Lex. @ Duckwood 1997 1997 Future 6. Roadway Improvement Yankee Doodle into 1998 1998 1999 Inver Grove Heights TAC'9NCITY-CW.CIP/jj STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA John C. Lemieux, Appellant, V. City of Eagan, a Municipal Corporation, Respondent. FIRST JUDICIAL DISTRICT Case Type: Special Assessment Appeal Court File No. 19-C9-95-010359 STIPULATION, ORDER FOR JUDGMENT AND JUDGMENT WHEREAS, Appellant, John C. Lemieux, is the owner of real property located at 1535 Violet Lane, City of Eagan, County of Dakota, State of Minnesota with Property Identification Number 10-01600-010-06 ("Subject Property"); and WHEREAS, in connection with Eagan City Project No. 674, the Subject Property was assessed for various public improvements, namely, water lateral charge in the principal amount of Seven Thousand Six Hundred Eighty-nine and 22/100 ($7,689.22) Dollars; sanitary sewer service in the principal amount of One Thousand Eighty-nine and 90/100 ($1,089.90) Dollars; storm sewer in the principal amount of Nine Thousand Seven Hundred Thirty-six and 28/100 ($9,736.28) Dollars and street assessment in the principal amount of Sixteen Thousand Four Hundred Eighty-four and 60/100 ($16,484.60) Dollars for a total assessment of Thirty-five Thousand and no/100 ($35,000.00) Dollars; and WHEREAS, Appellant brought an action in District Court appealing the assessments for Project 674 known as John C Lemieux v City of Eagana Minnesota municipal corporation, Dakota County District Court File No. 19-C9-95-010359; and 0 Page 2/STIPULATION, ORDER FOR JUDGMENT AND JUDGMENT WHEREAS, the parties have resolved any dispute over assessments to the Subject Property. NOW, THEREFORE, the parties do hereby agree as follows: 1. Appellant and Respondent stipulate that the above -entitled matter has been fully compromised and settled and therefore it is hereby stipulated and agreed between the parties that the above -entitled matter may be and the same hereby is dismissed with prejudice and without cost to either parry and the Administrator of the aforementioned Court is hereby authorized and directed to dismiss this said action with prejudice and without costs of record. 2. The assessment levied against the Subject Property for Project 674 shall be reassessed in the sum of Twenty-five Thousand and no/100 ($25,000.00) Dollars which shall be prorated as follows: Five Thousand Four Hundred Ninety-two and 30/100 ($5,492.30) Dollars for the water lateral charge; Seven Hundred Seventy-eight and 50/100 ($778.50) Dollars for the sanitary sewer; Six Thousand Nine Hundred Fifty-four and 49/100 ($6,954.49) Dollars for the storm sewer charge; and Eleven Thousand Seven Hundred Seventy-four and 71/100 ($11,774.71) Dollars for the street assessments. Said assessments shall be paid over a ten (10) year period. Any hook-up fees for water or sewer service will be paid by Appellant at the time of development. 3. Appellant hereby waives notice of hearing and hearing on the reassessment. 4. The City shall direct the Dakota County Treasurer to recompute Appellant's real estate tax statement using the new assessment figure of $25,000.00. Dated: 1.� , 1996 Dated: , 1996. Jr Joh C. Lemieux CITY OF EAGAN: By: Thomas A. Egan Its: Mayor