10/15/1996 - City Council RegularAGENDA
EAGAN CITY COUNCIL - REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
OCTOBER 15, 1996
6:30 P.M.
I. ROLL CALL & PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE)
III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT)
IV. SPECIAL
�• A. RECEIVE National award from the United States Environmental Protection
Agency (Water Quality Management Plan)
V. DEPARTMENT HEAD BUSINESS (BLUE)
�. L/ A. PLAYGROUND Street sign modification - Slow Children at Play
VI. CONSENT AGENDA (PINK)
P• A. PERSONNEL ITEMS
P '1 B. MASSAGE THERAPIST LICENSES, Lucille Maghrak/Rafiei, Body Wellness Center,
2121 Cliff Drive and Anne Brudzinski, Lifetime Fitness, 1565 Thomas Center
Drive
C. REFUSE HAULER LICENSES, Total Sanitation Service, Inc. for commercial and
construction debris; Randy's Sanitation, Quality Waste Control, Inc., Haul -
Tech Environmental LLC, Henningsen Construction Service, Inc. and United
Waste Systems of MN, Inc., dba UWS/Gallagher's to add construction debris
G� to their current hauler license
P. I D. PET SHOP LICENSE, Pet Food Warehouse at Town Center Drive
�•Ir E. ON SALE LIQUOR LICENSE, ARG Enterprises, Inc., dba Stuart Anderson's Cattle
Company Restaurant at 1299 Promenade Place
A F. RESOLUTION, Making technical amendments to Royal Oak Circle Multi -family
Housing Revenue Bonds
G. SET PUBLIC HEARING, Final assessment of delinquent weed cutting, tree
removal and false alarm bills
o2 0 H. FINAL SUBDIVISION, D R Horton, Inc. for Gardenwood Ponds Second
FINAL SUBDIVISION, Craig H. Mattice for Town Centre 70 Nineteenth Addition
-;2tt J. APPROVE CONTRACT, Renewal of street snow removal services
K. RESOLUTION , Requesting Mn/DOT speed,limit survey (Mist. Streets)
L. PROJECT 706, Receive final assessment roll/schedule public hearing
.(�• oZ� (Wilderness Run Rd. - Overlay)
M. PROJECT 701, Receive final assessment roll/schedule public hearing (South
Hills Add. - Overlay)
?� v N. CONTRACT 96-18, Acknowledge completion/authorize final payment (Wilderness
Run Rd. & So. Hills - Overlay)
-3 v O. CONTRACT 96-12, Approve change order #2 (Northwoods Drive - Storm Sewer)
33 P. RECOMMENDATION, Economic Development Commission, activation of revolving
loan fund and selection of Loan Review Committee
5.7 Q. FINAL SUBDIVISION, (Fiala Addition) Thomas Fiala
R'CHANGE ORDER, Blackhawk Park shelter building
S. APPROVE, Winter Trail Maintenance Program & Policies
T. DENY VACATION of Aldrin Drive (Eagandale Center Ind. Park)
U. CONTRACT 96-01, Award contract (Eagandale Corporate Center - Streets &
Utilities)
ACV. FINAL PLANNED DEVELOPMENT, Signal Bank
. FINAL SUBDIVISION, Eagandale Corporate Center
EXTEND, Gopher Resources Property Exchange Agreement
. CONTRACT for sidewalk/trail snow removal services
t6F
VCI. 7:00 - PUBLIC HEARINGS (SALMON)
�.5 A. PROJECT 655, Final assessment hearing (Northridge Drive - Street &
Utilities)
B. PROJECT 691, Final assessment hearing (Clemson Dr. - Street & Utilities)
C. PROJECT 686, Final assessment hearing (Woodgate Lane - Street
Reconstruction)
D. PROJECT 681, Final assessment hearing (Nicols Rd. - Street & Storm Sewer)
2 E. WAIVER OF SUBDIVISION, Mark & Karen Fjeld, to allow a lot line shift between
Lot 2, Block 4, Sunrise Hills Addition and Lot 8, Block 1, Sunrise Hills 2nd
Addition located on Wescott Hills Drive and Sunwood Court
fF. VARIANCE, Allina Health System, to allow a detached trash enclosure for Lot
1, Block 1, Town Centre 100 Sixteenth Addition (Oak Point Clinic) located
on the southwest corner of Yankee Doodle Road and Lexington Avenue
VIII. OLD BUSINESS (ORCHID)
���7 i A. ORDINANCE AMENDMENT, Temporary Outdoor Event/Seasonal Outdoor Sales
IX. NEW BUSINESS (TAN)
A. WAIVER OF SUBDIVISION, OCB Realty, Inc., to separate for ownership transfer
VT approximately 1.3 acres of land legally described as P.I.D. No.'s 10-00400-
030-20 and 10-00400-040-02 located in the SE 1/4 of the NE 1/4 of Section
4
WAIVER OF SUBDIVISION, Osman Properties I. Inc., to separate for ownership
transfer approximately 1.3 acres of land legally described as P.I.D. No.'s
10-00400-030-20 and 10-00400-040-02 located in the SE 1/4 of the NE 1/4 of
Section 4
C. COMPREHENSIVE GUIDE PLAN AMENDMENT, Scenic Enterprises to change the Central
Area land use plan to allow a mix off residential, commercial and park uses
on approximately 80 acres legally described as Lot 2, Block 2, Unisys Park
2nd Addition
7D. DECLARATION OF DEFAULT, - Sunset Homes (St. Francis Wood 4th Addition)
X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY)
XI. ADMINISTRATIVE AGENDA (GREEN)
XII. VISITORS TO BE HEARD (for those persons not on agenda)
XIII. ADJOURNMENT
XIV. EXECUTIVE SESSION
The City of Eagan is committed to the policy that all persons have equal access to its programs, services,
activities, facilities and employment without regard to race, color, creed, religion, national origin, sex,
disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary
aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of
less than 96 hours is received, the City of Eagan will attempt to provide such aid.
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: OCTOBER 10, 1996
SUBJECT: AGENDA INFORMATION FOR THE OCTOBER 15, 1996 EAGAN CITY
COUNCIL MEETING
After approval of the October 15, 1996 City Council agenda, regular City Council meeting
minutes for October 1, 1996 and special City Council meeting minutes for October 1, 1996, the
following items are in order for consideration.
Agenda Information Memo
October 15, 1996
SPE..........CLAL............. .
A. NATIONAL AWARD FOR WATER QUALITY MANAGEMENT PLAN
ACTION FOR COUNCEL CONSIDERATION: To receive the National award from the United
States Environmental Protection Agency for the City of Eagan's Comprehensive Water Quality
Management Plan.
FACTS:
• In 1990, the City adopted a Comprehensive Water Quality Management Plan for the
community. This was the first such comprehensive plan prepared in the State.
• Since that time, the City has implemented this plan and applied its policies and criteria to all
new development and ongoing community maintenance activities.
• In response to a nomination from the Minnesota Pollution Control Agency (MPCA), the
Water Resources Coordinator and Public Works Director submitted an application which
resulted in the City winning the 1996 National first place award.
• Rich Brasch, the City's Water Resource Coordinator, received this award on behalf of the
City of Eagan at a National Conference in Dallas TX on October 5. This award will be
formally presented to the City Council on October 15.
ATTACHMENTS:
Informative memo, page
O
SO
TO: CITY COUNCIL, C/O THOMAS HEDGES, CITY ADMINISTRATOR
FROM: RICH BRASCH, WATER RESOURCES COORDINATOR
DEPARTMENT OF PARKS AND RECREATION
RE: NATIONAL FIRST PLACE AWARD FOR STORM WATER POLLUTION
CONTROL PROGRAM
DATE: OCTOBER 9, 1996
The City of Eagan was selected to receive the Environmental Protection Agency's 1996 national first
place award for an outstanding Storm Water Management Control Program in the municipal category.
The selection was the result of extensive national competition involving the examination of
demonstrated innovative and cost-effective measures employed by communities across the nation in
improving storm water quality. The award was officially announced at the EPA Excellence Awards
Ceremony on Monday October 7, 1996 in Dallas, Texas as part of the 69th Annual Water Environment
Federation Conference. I accepted the award on behalf of the City of Eagan at the ceremony, which
was attended by top officials from the EPA and the 15,000 member Water Environment Federation.
The selection of award winners began when EPA Headquarters solicited nominations from the 10 EPA
regions across the country, who in turn solicited suggestions from the states. The MN Pollution
Control Agency, with whom we have worked closely on many stone water management issues over
the years, recommended the City's program for nomination. After an initial screening of the
nominations at EPA Headquarters, the remaining nominees were asked to complete an awards
application. The Awards Review Committee, comprised of stone water management experts from
EPA Headquarters and the regional offices, then used the applications to judge the individual programs
and to select the National Stone Water Control Program Excellence Award winners.
I think the City can be extremely proud of this accomplishment. This award confirms what we
suspected; that the City of Eagan is a national leader in planning and carrying out innovative and cost-
effective storm water management measures to protect important natural resources. Equally important,
the City will be in an excellent position to efficiently comply with national storm water quality
regulations promulgated by EPA that will affect communities under 100,000 in population. These
regulations are expected to take effect within the next 1-2 years. Most important, we are seeing
improvements in the quality of our priority resources that can be attributed to the City's management
efforts. All reflect very well on the dedication of our organization to environmental protection and I
am extremely proud to be a part of this effort.
Rich Brasch
Water Resources Coordinator
CC. Ken Vraa
Tom Colbert
3
Agenda Information Memo
October 15, 1996
.DEPAfttMENT HEAD BUSINESS
A. PLAYGROUND STREET SIGN MODIFICATION
ACTION FOR COUNCIL CONSIDERATION: To approve the installation of a cautionary
"SLOW' sign to all current and future playground identification signs and authorize an adjustment
to the 1996 operational budget for Department #22 (Streets) to cover the costs.
FACTS:
In response to an inquiry from Councilman Hunter, the Public Works Street Maintenance
Division inventoried the number of playground identification signs and investigated the costs
associated with manufacturing and installing additional signage ("SLOW').
At the October 1 meeting, Councilman Hunter requested that this item be placed on the
agenda for review and consideration by the full Council.
ATTACHMENT:
Staff memo, page .
IlI
i,
•� y
city of eagan
TO: THOMAS L HEDGES, CITY ADMINISTRATOR
FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS
DATE: SEPTEMBER 10, 1996
SUBJECT: REQUEST FROM COUNCILMAN HUNTER
ADDITION OF "SLOW" TO PLAYGROUND STREET SIGNS
MEMO
In response to your inquiry, the Public Works Street Maintenance Division has determined
that there are approximately 42 "Playground" identification signs installed throughout our
community. To further emphasize the need to decrease speed in these areas, the addition
of "Slow" signage would range from $600 - $1,200 dependent upon whether a small 8"x30"
rectangular message is added or whether a larger 24"x24" diamond shaped sign is
installed.
Neither the 1996 nor 1997 budgets anticipated this additional expense. If you would like
us to proceed with this installation, it could be completed in approximately 30-45 days. It
would be helpful if you could identify the source of funds and type of signage you would
like to have installed so that we can process the order accurately.
'�N r
Director of Public Works
TAC/jj
cc: Arnie Erhart, Superintendent of Streets/Equipment
6--"
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
:lagan, Minnesota
October 1, 1996
A regular meeting of the Eagan::Citi::CW668:j%9:t#:ion Tuesday, October 1, 1996 at 6:30
p.m. at the Eagan Municipal Center. PreserTt'werr'irAyari±g2m and Councilmembers Wachter, Masin
and Hunter. Councilmember Awada arhihbd at 6:45 p.m. Also present were City Administrator Tom
Hedges, Senior Planner Mike Ridley, Drreetor of Public Works Tom Colbert, and City Attorney Jim
Sheldon.
City Administrator Hedges said:tF at Item H of the Consent Agenda should be removed and
considered with the approval of the September 17 :#regular City Council meeting minutes.
Councilmember Hunter moved Xouncil ber Wachter seconded a motion to adopt the
agenda as modified. Aye: 4 Nay: 0
Councilmember Masin noted a typographical correction on page 2, the second paragraph under
Wescott Square Housing Unit, the word cities should be changed to City.
Councilmember Wachter moved, Cou
as amended. Aye: 4 Nay: 0
Councilmember Hunter moved,
as presented. Aye: 4 Nay: 0
seconded a motion to approve the minutes
r seconded a motion to approve the minutes
Councilmember Masin requested on page 2, the first paragraph under certification of property tax
levy should state, "City Councilmember Masin asked how the MVTA transit levy would be presented with
the Truth -in -Taxation statements."
Councilmember Hunter moved :Ccilmel3>r Wachter seconded a motion to approve the minutes
as amended. Aye: 4 Nay: 0 .. "'
Mayor Egan moved, Councilmember Wachter seconded a motion to approve the minutes as
presented. Aye: 4 Nay: 0
Councilmember Awada arrived at 6:45
Councilmember Masin requested'on page 13, the 4th,::' aragraph, the following sentence should be
inserted, "She asked if the second Ea_060 forum should be JiWd in October or in mid-November. "
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 1, 1996
PAGE 2
Item H of the Consent Agendi,"Clarification. Shaw -Lundquist conditional use l2ermit, was
considered with the approval of these mirktt;:;ffryfllSpt�;;f?�8ident of Materials Processing Corporation,
addressed the Council and stated she had:slid-'i�itli::0*4:$t f€:iii:clarify the change proposed regarding the
arrangement of outdoor storage. She added that she had sent a letter requesting clarification to the motion
that was passed by the Council and whi Xr it was in violation of the City Code. She further added that
she is concerned about impairment of their property value. She noted that she has talked with three
realtors who have expertise in regard to the property in the Eagandale Industrial Park. She went on to say
that a conditional use permit states the use should not impair the property value. She said that the realtors
told her the proposed use would have an impact on their property value. She discussed the City Code
which states that a CUP for outdoor storage must conform to standards. She pointed out that one of the
standards states the items to be stored "I not emeed the height of the enclosure. She also pointed out
that any violations of City Code provisiorjshall be:iiiuse for the termination of the CUP. She referenced
condition 9, which was approved at the "Otember'':jl, 1996 City Council, and stated outdoor storage may
not be higher than 12 feet, with the ei 6ption of''trailers and cargo containers. She said the general
provisions and the application of the Cit' CitiiZ;:sta!*$,�:?i, NM::Onditions imposed by any provision of this
chapter, are either more restrictive or les't:f"trieh'41 an-c0irtiWable conditions imposed by any other law,
city code provision, statute, resolution or regulation of any kind, the regulations which are more restrictive
or which impose higher standards or requirements shall prevail. No structure or land shall be used for any
purpose nor in any manner which is not in conformity with this chapter. She added that two-thirds of the
enclosure is 8 feet high and the other one-third is 12 feet high. She further added that the Code states
storage can not exceed the height of the enclosure.
Councilmember Wachter asked whethpKj6e:Ciiy:06de would supersede Council's direction or vice
versa. Sheldon said they are both apple #tRa.'He said::& issue to be clarified was staffs interpretation
of the proposed location of the storage on_j.he,..site pler : He noted that the issue Mrs. Olson brought
forward pertained to ordinance interpretation0-
.%:-:d;iftolmeMber Hunter mentioned the Council was being
asked to clarify what was approved at the last Councilriiei?tiiig;:::Councilmember Wachter added that when
he voted on this item, he was under the impression thAt:- tie applicant was going to put the higher
equipment along the south wall. Sheldon reiterated that the issue to be clarified is what site plan is
appropriate. Mrs. Olson stated that the intent and the purpose of the zoning codes is to define the powers
and the duties of the administrative offices and bodies thereof. She added that when a CUP is approved,
it must follow the guidelines, otherwise a public hearing must be held to grant a variance.
Senior Planner Ridley clarified the:.CBtice pe wvq.! :J3 a three site plans. Councilmember Hunter
stated that if the site plan dated Septeri�kii5't' 25 tia ;1]elen submitted at the last Council meeting, it might
have influenced his vote. City Administraf& Hedges: added that if Shaw Lundquist did not want the type
of outdoor storage the Council approve,p::et the lasweeting, they could submit another application. Mr.
Shaw, applicant representing Shaw-Lursi#cjist,,eddf6Ued the Council and said they had agreed to put up
a 12 foot high wall with a roof system oti:tli :sdi til: isi:tfsi t'property to reduce any site lines Materials
Processing Corporation would have. Ne''futhi it':* h the installation of that wall, they had the
understanding they would be able to use the area under the roof for storage purposes. He stated that the
area along the south property line was initially proposed for future parking, if and when future expansion
of the building occurred, but with the addition of the 12 foot wall, additional parking is now proposed for
the rear of the site. Councilmembers concurred1hetAhey had agreed the applicant could use the area
under the roof for storage.
Mayor Egan asked City Attorney'Si�Idon to clarify if#fR height of the stored materials could exceed
the enclosure. Sheldon stated that if the -.items to be stored will•.exceed 12 feet, it would be appropriate for
the applicant to request a variance. Co}icicilmember Hunter::stid that the Council would not need to take
any different action because it is clea*r: t ::;th*::**,.i�i�,tl' AAs in conflict with the conditions that were
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 1, 1996
PAGE 3
approved and therefore, the most restrid0lb regulations would prevail and it would take a variance to get
anything less restrictive. Sheldon said tftef if the applicant wanted to store anything higher than 12 feet,
the Code would require them to go througtr#he;vaienpa:gcass. Mayor Egan asked if the CUP approval
is subject to the approval of a variance.. ..... ri: to: tk At.O. QP was approved for storage up to 12 feet.
Mayor Egan said that the applicant would .,have to request a variance if they wanted to store anything that
would exceed 12 feet.
Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve the minutes
modifying page 11, condition 9, to read, "All outdoor storage shall be limited to the construction equipment
associated with the business as listed on the revised site plan dated September 9, 1996, received
September 12, 1996, and at locations ag,.shown thereon and shall not be higher than 12 feet, with the
exception of trailers and cargo containel:S:::
Mr. Shaw stated that when they: Appeared before the Council at the last meeting, they indicated
they needed to know if their request •wi3s going to be approved or denied because they were in a
contractual obligation to purchase the Ibrtct:;:: ;a€iiied:that:they acted in good faith upon the Council's
approval of their request and now they ere: rani#er•: ritract:tU.-Ourchase the land and he feels the issue
regarding the enclosure has already been addressed.
A vote was taken on the motion: Aye: 5 Nay: 0
Patrick Dill, 1413 Kings Wood Ro
formed called the Eagan Citizens for EEii#:
petition in regard to the Pulte development
with the proposed development.
Dre the Council and stated a group has been
>ment, and about 600 people have signed a
Bieter property. He noted they are concerned
Bill Laramy, 1578 Murphy Parkway, addressed tlietdi hcil and said that the survey conducted by
the Wallace Group indicated there were too many townhouses and apartments in the City of Eagan. He
stated the Pulte development is proposed to contain only 17% of single family homes and the rest will be
townhouses, apartments and clubhomes. He added that they are concerned with the loss of the trees and
the development of more townhouses and apartments. He further added they are concerned with storm
drainage into Blackhawk Lake. He summarized, bis concerns by saying they are not opposed to the area
being developed, but rather the low qui : ::over:: ItiCtion of townhouses, apartments and quad -
homes.
Frank _ Weingart, 4044 Deerwoo#. Place, . addressed the Council and stated that many of the
residents in the Deerwood developmei4iie also cgi cemed with overdevelopment and increased traffic.
Councilmember Hunter stated tllSli'Fie'ati'i!'Cdi)nciliii ober Masin had met with approximately 40
people from the neighborhood and heard many of their concerns. He further stated that one of their
concerns was in regard to legality and the rights of the applicant. He added that the City Attorney has
prepared a memo in response to that question and he requested the memo be forwarded to Mr. Dill. He
asked under what circumstances the City could,Ja0ly .deny a rezoning request that is in conformance with
the underlying Comprehensive Guide Plan. kti7jiji;}tis (:determination changed over the last two years,
if it has, with the new regulations that havoUfne from ti4catate legislature. He said that it has been his
understanding that the burden of proof f e a Comprehens" Guide Plan change is the responsibility of
the applicant and the burden of proof why. a rezoning in conformance with the Comprehensive Guide Plan
should be denied is the responsibility :'Offhe Council. He requested the City Attorney prepare memos
clarifying his two questions. Councilrri» r;:V$A i. a ed the memos be forwarded to all of the
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 1, 1996
PAGE 4
Councilmembers.
There was no Department Head business.
In regard to Item E, Re -programming of Funds for Blackhawk Lake landing upgrade,
Councilmember Masin asked if Blackhawk Lake would be in as bad shape if it were not part of the storm
sewer system and if it would help the lal�e by taking it out of the storm sewer system. Councilmember
Hunter answered that no it would not be::lh bad sMBpe if it were not part of the storm sewer system and
it would help the lake by removing it frW the stoctri sewer system, but he added that cost would be a
factor. Councilmember Masin stated s14; iould vote:#or this item, but said this item brings up the broader
issue that a lot of money is spent to clean' -up the lakei and efforts should be made to stop the storm water
from entering the lakes. City Admin istr:'atot::k#esi#e:stat�d::e::would talk to Rich Brasch and include a
memo with the Informative Memo in respoi se:to: iitdIM6rftr Masin's question.
132 •ii --u
Item 1. It was recommended to approve the hiring of Kathleen Kamm as a full time Receptionist/Cierical
Technician II in the Finance Department.
Item 2. It was recommended to approve the:kliiiQ K2rf€ileen Johnson as a seasonal park attendant.
Item 3. It was recommended to approve the::#siring of::Wuce Barry and David Schomburg as seasonal
basketball scorekeepers.
Item 4. It was recommended to approve the hiring of Robri Cyttman and Todd Intihar as seasonal Civic
Arena Supervisors for the Civic Arena.
Item 5. It was recommended to approve the hiring of Chelsea Krouch as a seasonal part-time concession
worker in the Civic Arena.
Item 6. It was recommended to approve..thi;i 3i_i V:of Rciit�6::Sclrenson as seasonal part-time head pro for
the skating program at the Civic Arena.::
Item 7. It was recommended to al:
Krisann Herseth and Allison Kending
Jeffrey Hill, Jonathan Herseth, Christina Vadis,
al skating instructors for the Eagan Civic Arena.
B. Proclamation. Proclaiming Octobe'r"'*14=18`''''f996-:-as:'''Minnesota Manufacturer's Week. It was
recommended to proclaim October 14-18,1996 to be Minnesota Manufacturer's Week in the City of Eagan.
C. Request for public hearing - certification of delinquent utilities - November 4. 1996. It was
recommended to schedule a public hearing for. .Rovember 4, 1996 to consider certification of delinquent
utility balances to Dakota County for colleCgat W:" taxes.
A
Communities Revitalization and StabilizgWI2 Program. It was recommended to approve a recommendation
by the Airport Relations Commission tom: the City support :;a::Oontinuation and expansion of the Airport
Communities Revitalization and StabiliiatitSWRAMr
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 1, 1996
PAGE 5
E. Re-{Lrogramming of Funds for Black
$14,000 in Department 64 (storm water
to finance upgrading of landings at Blac
F. Final Subdivision (Blackhawk Acres
to approve a Final Subdivision for the
Lane and west of Blackhawk Road.
(ding upgrade. It was recommended to re -program
program) expansion/modification funds for FY 1996
Iditlon) JMS Development Corporation. It was recommended
Hawk Acres 4th Addition subdivision located south of Robin
G. Final Subdivision (Fiala Addition) Thomas Fula (This item was continued to the October 15, 1996 City
Council meeting.)
H. Clarification. Shaw -Lundquist condi�ji l use permit, (This item was considered with the approval of
the September 17, 1996 Regular City (p4hcil me26g minutes.)
I. Election Judges. for November 5, 1996:electiort*.':::tt was recommended to approve the election judges
for the November'5, 1996 election as att l.*..-!�.exhibit:A,:::::::.:.:.
J. Project 636R. Receive final assessment roll/schedule public. hearing (Poppler Lane - Streets). It was
recommended to receive the final assessment roll for Project 636R (Poppler Lane - Streets) and schedule
a public hearing to be held on November 4, 1996.
K. Contract 95A Acknowledge com I _tion/a
Add. - Ponding & Utilities), It was recom
(Eagandale Center Industrial Park 11th Ac
maintenance subject to warranty provisirik
L. Contract 96-15. Approve change order
Change Order No. 1 to Contract 96-15
Clerk to execute all related documents.
*.*wwledge the completion of Contract 95-A
I & Utilities) and authorize perpetual City
nt contract agreement.
a It was recommended to approve
) and authorize the Mayor and City
M. Resolution Accepting donation of land from McLeans for park purposes, It was recommended to
accept the donation of 1.8 acres of land for inclusion into Mueller Farm Park from Robert and Terri McLean.
N. Hauler License Application. constructii
It was recommended to approve a hauler
& Son Disposal Service as presented..::;
O. resolution. Declaring October as
a resolution designating October as
with Dakota County.
and demolition debris for Keith Krupenny
Awareness Month. It was recommended to approve
Awareness month, to be celebrated in cooperation
P. Project 711. Receive request/authorize plans & specifications (Denmark Ave./T.C. 70 - Sidewa-IKL It
was recommended to receive the request from the developer of the Town Centre 70 - 19th Addition for the
installation of a public improvement sidewalk and authorize the preparation of detailed plans and
specifications.
Q. Advertise for bids for pumper/telesq i#iitjinat:' 13as recommended to authorize the replacement
of the Fire Department's 1974 pumper
,:Out k with a triplv-tOnbination pumper/telesquirt vehicle and to
authorize the preparation of specifications_ for bid.
1• - •ll l- on- Mel - • li is •-rS� M 9+1 •• •� •uu-�■-■ ■
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 1, 1996
PAGE 6
authorize submittal of the 1997 Dakota C:oitnty Landfill Abatement Grant as presented.
S. Resolution. Redesignatingani ioa�te::&0-:,9 4,1 0 (Neil Armstrong Blvd 1 (This item was
continued for discussion under the Admifjisi�a#if�:A
Councilmember Wachter moved .K-" ncilmember Hunter seconded a motion to approve the consent
agenda.
Councilmember Masin said that 52 Burnsville students were approved as election judges and many
more had also showed interest in serving as election judges.
A vote was taken on the motion:.iAye: 5 :Nay: 0
CONDITIONAL USE EIitACKTOP COMPANY
City Administrator Hedges gave an overview on this item. City Attorney Sheldon discussed the
legal process relating to this item. He stated if the Council issues an amended or new conditional use
permit (CUP) and the applicant is in compliance, then there is no need for a public hearing. He further
stated if the Council does not issue an amended or new CUP,.the applicant will be advised that they must
immediately come into compliance or the Council will set;a:tt afipg regarding the revocation of the existing
CUP.
John J. Todd, attorney represerifih4'th'e Millers ah'O the Greens, addressed the Council and stated
his clients' property is the only property lw* O.yvithin '300 feet of Richfield Blacktop, which is violating
certain conditions of their CUP. He went on'td:,dik4g She, yiolations of the CUP. He added that the
commercial operation associated with loading and unioietirig#itdscape material is the main problem. He
said that the time to monitor the noise levels would have Been in July or August. He added they are
requesting the Code be enforced in regard to the current violations of the CUP.
Mayor Egan asked City Attorney Sheldon what procedures can be taken to deal with non-
compliance during the interim period. Sheldon stated that the non -complying issues are physical and not
operational and the appropriate forum to,.di d5s the .:;q ti;W :to be taken is at the public hearing for
revocation of a CUP. He explained it is •i tt( Rtt�il t;6pr. fte: Ocil to follow due process. Councilmember
Hunter agreed that the arguments for.:afd agairi:tlie CUP should be heard at the public hearing.
Councilmember Awada asked if the new' applicatiorti6r a CUP is turned down, how much time would the
applicant have to comply before a publi aring cgUld be set. Sheldon said that if the applicant is turned
down for a new CUP, they must immed3 ly.:s igi:.Wit4.the :existing CUP. He added that the date for a
public hearing could be set the same rtigttt t>ir?oii::etines whether or not to issue a new CUP.
He suggested holding the public hearing approximately 30 days from the date the Council sets the public
hearing to allow for compliance and allow each side to prepare their arguments. Sheldon stated that the
City cannot enforce the request until after the public hearing is held in regard to the CUP.
Mr. Todd reiterated that enforcemes...-}.,thig:_;*ment CUP should occur now and loading and
unloading of bins should not continue tq-*:.War':'-'-' fa ;: 'gan stated he would support that request.
Councilmember Hunter asked what wo�!.j ;:need to be doll ::in order to limit the loading of the bins at
Richfield Blacktop. He further asked how -revocation of part:bf the CUP could be done without revoking
other parts of the CUP and holding a pOH llc hearing.
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 1, 1996
PAGE 7
Councilmember Wachter moveif :Councilmember Hunter seconded a motion to receive the
compliance report concerning the conditional use permit for Johnson's Richfield Blacktop at 3206 Sibley
Memorial Highway and approve directioci::of:tJtg!fieyjsed.*.v Wi Tonal use permit application to be heard at
the October 22 Advisory Planning Comrjiii."!kS:#tie tti ;: yi ::;5 Nay: 0
FOUR SHEET ICE ARENA - WESTERN DAKOTA COUNTY ICE CENTER ORGANIZATION
City Administrator Hedges gave an overview on this item.
Bruce Bechtle, President of the Eagan Hockey Association, addressed the Council and stated they
are concerned that there will not be Mighly..Ducks funding available next year. He said they are requesting
the Council submit the application for tl �.Mghty Ducks funding and work out the funding issues later.
Kirk Detlefsen, representing the:Mstem Dakota Ice Center Task Force, addressed the Council and
said the group he is representing is made*up ofwestr Dakota County hockey associations. He added that
the hockey associations have presented::t:iiti}t::qf:ttceFship with several cities participating in the
construction of an ice arena. He furtFiet abded: iYaf four: sle}2ts of ice under one roof would be more
economical to operate. He referenced the Springsted report that indicates there is a need for more ice
hours in Dakota County.
Councilmember Awada asked if the City would be required to pay $500,000 under this proposal.
Mr. Detlefsen said that each City would be required to pay::$600,000 for each arena. Councilmember
Awada stated that the City does not have the money.:#66fribute and she added that they would prefer
to have a second sheet of ice instead of partieliat:a:f�ur-plex. Councilmember Hunter noted that the
main reason the Council did not go ahe�d:>1*1lVi-bpplying the Mighty Ducks Grant at the last meeting was
because statements were made that Mi6hty.Dupks fund ft would be available in 1997. He asked what had
changed in the last two weeks that it novr i3ppei�s:funding will not be available in 1997. Mr. Detlefsen
stated that legislation will be introduced next year � 6i:--*j;jdj*i6d1Sal funding. He said he is not confident that
it will be approved again next year. Mayor Egan clarified:fat it -'-the last meeting, Paul Dahlgren from ACC
Architects stated that if the City proceeded with submitting the grant application and received the money
and then chose not to use it, it would be unlikely that they would receive any grant money the following
year. He added that he had learned from Director of Parks and Recreation Vraa that it is not likely that
funding will be re -implemented next year.
Councilmember Wachter stated .thb!;N::did noWitsiiii Where the financing would come from for the
second sheet of ice. He also stated thxit:Fia'has l at :;d6h rb6hts from people regarding the failure of the
park bond referendum and they have ales mentioitiiKd the fact that funding was provided for the first ice
arena without their approval. He noted-1bat therewas a lot of merit in the fact that if the Council did not
utilize the grant money, the City may r>i .ie receive grant money next year and he felt that the
legislature may approve more funding noted that there is no money available for
the City to contribute now, regardlesg':if'f6i3'6raitif' IW&ey*-is received or not. Councilmember Awada
concurred. Councilmember Hunter asked how the Council would feel if the gap in financing was provided
by the Hockey Association or another organization so that there would be no public money spent. Mr.
Bechtle stated that Hockey Association is more than willing to purchase up to 1,500 hours of ice time to
cover the debt service on a new rink. He said ther:a:ar*. other ways to obtain financing, and he added that
submitting the grant application does not.04.09' ? y. any way. Councilmember Hunter stated that
the only request being made is to give. pOf-6Val to sUtii iit:.the grant application and the other financing
would need to come from other sou(�k$''rather than the::;City. Mr. Bechtle noted that the Hockey
Association is willing to look at any opportunities to help,Agpport the second sheet, but all they are
requesting at this point is for the Coun�ii::fb submit the granf :application.
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 1, 1996
PAGE 8
Councilmember Masin asked if ih'6'*:'Hockey Association is willing to take the risk that the City may
be tumed down for funding in the future64Hhe grant money is awarded and not used at this time, Mr.
Bechtle stated that they are willing to takeJhPt-:chanc*.-:-:"pr. Egan added that if the Council approves
thegrant application, it means that the propamwQ: by providing any public financing for the
debt service. He further added that he is. willing to ki4p the options open by approving the submittal of
the grant application. Councilmember Wtiter asked if all the people who pledged for the first ice arena
had submitted their money. Mr. Bechtle:kked that to the best of his knowledge they had. Councilmember
Wachter said that a number of them have not submitted their pledges. He added that the message he
received as a result of the failure of the last bond referendum is that people are still concemed with the way
the first ice arena was dealt handled. Councilmember Masin asked how much more money the City would
have to incur with regard to the subrnjtqqof the grant application. Hedges stated there would be no
additional cost associated with the subMiftl of the,.application.
Councilmember Wachter relteritid that tha�:Fire Department and ambulance station also have
needs and they should be placed aheadii'flhis requ*"6k He added the Council would be giving the Hockey
Association the false hope that if they the City might contribute more funding.
Councilmember Hunter stated he is or'. 24pp�ti#66::3f3Ivri-4st with the understanding that no public
V4to
dollars will go toward the second sheet of ice and the entire gap needs to be financed through fundraising
efforts by some committee. Mayor Egan agreed. Councilmember Awada said she would be voting against
this item since there is no plan in place.
Councilmember Hunter moved, Councilmember 104sin: seconded a motion to continue with the
"'
Mighty Ducks application for a second sheet of ica.-v* !h - understanding that no public dollars be
expended and the entire gap needs to be fina-po'00:#00gh private fundraising efforts. Aye: 3 Nay: 2
(Councilmembers, Wachter and Awada
Councilmember Awada moved, C60*me�'nher.Wachter seconded a motion to deny a resolution
to participate in a joint powers agreement with.. .... participating cities for the purpose of
.. ..
seeking a grant from the Mighty Ducks Capital Bonding build a four sheet ice arena for the sports
of ice hockey, figure skating, ice ringette, roller hockey, indoor soccer and public ice skating. Aye: 5 Nay:
0
CONDITIONC#S::P�fil'EZ AIR PARK
'
City Administrator Hedges gav#.*i overvilgW*on this item. Hedges noted that the applicant had
submitted a letter requesting this item *,:pontinued.-to the October 15 City Council meeting; however, the
applicant and the Council realized that:!"idents.,wbald be in attendance regarding this issue. He further
noted that the main reason the applicark.-to— a v.
AFlfii ajce was to work on issues surrounding one
of the conditions imposed by the APC. ay'o'r* tg'an"askerid,`Ey a show of hands, who was in attendance
for this particular item. Seeing a large number of people were present regarding the item, Mayor Egan felt
it would be appropriate to go forward with the process. Senior Planner Ridley gave a staff report,
Chuck Knowlan, applicant, addressed the::C- ptsncil and stated the reason for the late request for
continuance was because of the additiona1.*o'QWh-,.- .-Weening approved by the APC. He further stated
that he only found out about the conditioM06-Friday, sinlec-'hk-was out of town.
Ted Stemberg, 1065 Kenneth,,ad'dressed the Counqil.:and said he feels the propane tank poses
a fire hazard. He added that he is also::'*0'ncemed with comrtiOrcial vehicles being parked on the property
because of the potential that they will CVWI:��ii
$4ibly, dangerous items. He further added
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 1, 1996
PAGE 9
that the applicant has only installed a seiity fence and not the privacy fence that was promised. Mayor
Egan asked Senior Planner Ridley what*thd applicant would have to do in order to bring the landscaping
plan into compliance. Ridley stated the.-q--.kW01 a six foot wood privacy fence along the
properly line adjacent to the residentialQ: .1i2i9t:Wi11 also provide an area for landscaping to
add additional plant material that over time would grow to exceed that six foot fence height and further
screen the storage area. Councilmer4j�::Awada asked for clarification as to what commercial vehicles
implies. Ridley stated the intent was to-h`iriit storage of commercial vehicles to include only limousines.
Teri Brown, 1070 Kenneth Street, addressed the Council and said she was part of a team that
spoke to the neighbors and received 85 signatures on a petition stating that the residents are afraid of the
propane tank. She suggested the applicant obtain propane for the buses at other locations that already
have propane tanks. She added that 64.lard to trust the applicant because they are asking for a permit
to park RV's, boats and trailers, but they.:ire alreofy parking those items on the site and they have also
made promises to the neighborhood that:tl ey have:hot kept. She stated that the propane tank poses both
a fire and safety hazard.
Councilmember Hunter asked fob Clarit~caiitil wtieGe:'tEie propane tank is to be located. Ridley
stated that EZ Air Park will be submitting a revised plan for the location, but he noted the APC direction
was to put the tank on the eastern property line as far from the residential structures as possible.
Discussion occurred regarding the FHA not issuing occupancy permits for homes in an area of Eagan
where there was another propane tank until the tank was moved. Discussion continued regarding the
placement of the tank on the site.
Kurt Callaster, Manager of the EZ Alr,j?atk; 2 jiti g§ d the Council and stated the propane tank was
proposed to be 600 feet from the property:#Ina-blosest tq:the residential area.
Discussion occurred regarding the'#AA!i &j0eMes pertaining to a safe distance for propane tanks
from residential areas. Councilmember Awada Statetl:tliWSfio.1hought the requirement was much less than
600 feet. Ridley said that it was probably about 200 feet:'''
Dave Sanford, 1046 Beatrice Street, addressed the Council at length and stated he was concerned
with leaks from the tank. He said the tank poses a safety hazard. He further added that placing a propane
tank on the site for the sake of convenience is not appropriate.
Daniel Meyer, a representative gi::Thdn%ipgaa Gt i iat�y, addressed the Council and stated they
transport propane under strict codes artgi:{egulafiQrc Ffe'aad'ed the installation of the propane tank is for
more than just a convenience for the co*M-pany. Hw"fNi ther added that the applicant is trying this alternative
source of fuel.in regard to the Clean Aif:-Act of 1990. He noted that the propane powered vehicles the
applicant would have in operation would: & install d:according to codes and regulations. Councilmember
Awada asked Mr. Meyer about the regixijit;i*1��f'dte:a:pi tank must be from a residential area. Mr.
Meyer stated a tank would have to be'k6m* -25't0''io"o':Feef from a residential area depending on the size
of the tank.
Councilmember Wachter stated the reason there is opposition to the tank is that people are not
accustomed to the use of propane. He added•.Jhat.:the rationale for using propane is because it is more
economical. He further added that if the agplxrit:rs atify:#+ing this on a trial basis, he could go to a gas
station to purchase propane until he d ....I i;'to contihUe:.wing propane on a regular basis. Mr. Meyer
stated that Thermogas is going to give:ffle.•applicant a betf®r: rice than he would pay for retail propane.
Councilmember Wachter reiterated thet,because this is a new use, people are reluctant to use it. Mr.
Meyer mentioned that their corporation: o' l deal with all the:sVety factors.
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 1, 1996
PAGE 10
Ms. Brown referenced newspaper:�rticles she submitted to members of the APC regarding a fire
that occurred in West St. Paul in the 1Oi:iS:
Mr. Knowlan addressed the Couridil:i:dke.j operated on the site for the past 11 years
and they have been a good neighbor. Ha.discussed:the screening that was supposed to be addressed
at the time of the expansion. He added;tttey provide a benefit to the community. He stated the reason
the RV vehicles have been parked on thea to was because they were operating on the basis that they had
been given permission in the original CUP. He further stated they only park recreational vehicles and
limousines on their lot and not any other types of commercial vehicles. He mentioned the reason the
company is converting two vehicles to propane on a test basis is to help the environment and not just for
economic reasons. He said what is most important to him is to resolve the issue with the additional
condition the APC attached to his CUP.:::::::.
Mayor Egan said he understood #Ar. Knowfoh's frustration, but added the Council needs to listen
to the concerns of the residents as well:'''
Councilmember Wachter stated Nte:ieiiieizii'iwd vV#ieii:there was a lot of opposition to natural gas
when it came to the area. He added that when people understood the rationale and the economics of
natural gas, the opposition subsided. Councilmember Awada added the reason the tank was placed in the
far corner was to keep it as far from the residential area as possible. She asked for clarification on what
screening is required. Mr. Knowlan stated the concerns that neighbors had at the APC meeting were with
the propane tank and not the screening. Ridley added that,wben staff reviewed the file on this property,
it was not clear that the outdoor storage had been, appicted;;:other than the airport parking. He further
added the issue of the setback that exists today;:iOtlpar?ed'to what would be required by Code now, is not
unusual since not every detail was attended;o 'the 198Q's when development was occurring rapidly. He
suggested working with Mr. Knowlan tory to.,reconstrud.Wi hat occurred in 1984 and 1986 when their use
was expanded. He clarified that the fencd`W6s:added..in the condition for the purpose of screening. Mr.
Knowlan said there is a 70 foot park by their site tea#: t iey :5�plied the landscaping for as requested of
them. He said it would be very cost -prohibitive to the condition approved by the APC.
Discussion occurred regarding the landscaping. Mr. Sternberg asked for clarification on the parking of
commercial vehicles on their site near his property. Mayor Egan clarified that only the vehicles that have
been on the site for the past few years will be allowed and no other commercial vehicles. Discussion took
place pertaining to the panhandle of the property and setbacks.
Mayor Egan asked if the applicant'a'iac:ip,to,.tMiS;r had been a permitted non -conforming use
on the panhandle of the property and if;tici : tiould'l a i;«;to''ti W the current setback criteria for this portion
of this property. City Attorney Sheldon :steted that slue the property is zoned Planned Development and
has been operating it on that basis, he..; iginally had to get a permit and landscaping approval from the
City. He further stated that the existing facility had tb.':Meet the Planned Development requirements. Mayor
Egan asked about the installation of thO;' : fivsi ::the southern border of the panhandle. Mr.
Knowlan stated he would need to evaluate tYie'"cdsf*srll�:tki'6t"ls a lengthy run along the border. He further
stated there are only about four homes that are exposed to the site. Councilmember Awada said she
thinks it would be going overboard to require the applicant to install a privacy fence on the east side of the
property, but feels it would be reasonable to require more along the south. Mayor Egan concurred. Mr.
Knowlan asked for the opportunity to work with ,staff.in,.relation to the homes that are exposed to the lot.
Councilmember Wachter added that he has::Rp; Qr ;i .the propane tank. Councilmember Masin said
she felt it would not be appropriate for thaitilicil to grant:tie CUP if the neighbors are opposed.
Councilmember Wachter moved., Councilmember ' Rwada seconded a motion to approve a
Conditional Use Permit for EZ Air Park i&b*utdoor storage to.9llflw a 1,000 gallon propane tank on property
located at 2804 Lexington Avenue subjt;#q; tfi®:;f�#4w;ti:ggjritions:
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 1, 1996
PAGE 11
1. The CUP shall be recorctd at Dakota County within 60 days of Council approval and
submitted to the City. . . .
2. A site plan shall be sub tefM& City.;fQF;Ipproval by staff showing the location of the
propane tank along the..east property line of the site.
3. A landscape plan shalf:::be submitted to the City for approval showing additional
landscaping and maintenance of existing landscaping along the west and east property
lines adjacent to the residential district.
4. A lighting plan should be,provided showing existing and proposed lighting on the site.
The Conditional Use Permit shalfbe contitWi ly subject to the following conditions:
1. Limousines for commercrg1 servic*&'and recreational vehicles/trailers parked on the site
shall be limited to a max71ui7t:A€.:t:SXleS::::;:;:
2. The property shall be properly maintained.
3. No unlicensed or inoperable vehicles may be parked on the site.
4. Commercial and recreational vehicles shall.:tte: parked only within the designated paved
surfaces as indicated on the site plar}.0.;;4k .;N gust 21, 1996.
5. No persons may live in.-:Qr. ii;c#pjr' V ick parked at the site.
6. No maintenance work may':t a:*W. a reed :at any time on vehicles parked on the lot.
7. The applicant shall work with staff on sere£ ...g along the property line adjacent to the
residential district to the south of the proposed site by June 1, 1997.
The applicant shall work with staff on required planting and maintenance of landscaping
to be completed by June 1, 1997.
Aye: 4 Nay: 1 (Councilmember Masin.:0000$tid)
Councilmember Wachter mov4tl -" Counc of kber Awada seconded a motion to approve a
Conditional Use Permit for outdoor storage to allow recreational and commercial vehicles on the property
located at 2804 Lexington Avenue sub* .to the s e conditions as listed above:
Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT - LIFETIME FITNESS
City Administrator Hedges gave a brief;overyiew on this item. Senior Planner Ridley gave a staff
report. Mark Zaebst, applicant, addre4$9i*:: the;::f".j.Ml and discussed the shortage of parking.
Councilmember Hunter said that even th- ft i"�'fhe crossv�alk:.does not meet warrants, there is a specific
attractor at this location and he would::.it��''to see the coh!Ron relating to the crosswalk included with
approval of the Planned Development Amendment.
Councilmember Hunter moved;::Qgv7Me!WAWtl0 seconded a motion to approve a Planned
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 1, 1996
PAGE 12
Development Amendment to allow aarft' lot as a principal use located on Lot 2, Block 1, Thomas Lake
p _,
Center located on the southwest comer-':8'f*T'homas Lake Road and Thomas Center Drive subject to the
following conditions:
1. The use granted solelyherein :is. r e benefit of Lot 1, Block 1, Safari at Eagan 2nd
Addition for the off-street41. r ing of passenger vehicles.
2. The applicant shall record the Planned Development Amendment at the Dakota County
Recorders Office within 60 days of approval.
3. The Planned Development6 Amendment shall terminate upon the termination of the
principal use (health cIQ.):;Dn Lot Ii.)Plock 1, Safari at Eagan 2nd Addition.
4. The applicant shall subiit:ia landiW` e and lighting plan for the subject property for staff
review and approval prio*'r':io final ned development approval.
5. The pedestrian crosswak
" T�qMas: G. 0? Drive shall be constructed in accordance
with the City Pedestrian Crosswalk Policy.
Aye: 5 Nay: 0
City Administrator Hedges acknowledged Planner $harinon Tyree for her efforts in working with
the neighborhood residents who reside near Lifetime fit'.
CONDITI,ONA.,L::6i'k'PE"9*MIT - SBA, INC.
City Administrator Hedges gave a*".:,.0, ""on this item. Senior Planner Ridley gave a staff
report.
Matthew Danielson, representing SBA, addressed the'douncil and discussed the location of the
communication towers.
Councilmember Hunter moved, Councilmember Wachter seconded a motion to approve a
Conditional Use Permit for SBA, Inc. to allow. a 100 foot communication tower and a 288 SF equipment
building to house radio, computer, and c4i6Q4:*--&ntr9I::pqQi0
.6jent on a portion of the parcel P.I.D. #10-
'
03600-010-57 on the west side of Highw2y:1n s to iftern"'Eagan just north of Rosemount VFW subject
to the following conditions:
The CUP shall be rec"d at Qi* ta County within 60 days of Council approval and
submitted to the City.
2. A revised landscape plan shall be provided to the City. The landscape plan shall show
sufficient screening of the proposed equipment building.
The C.U.P. shall be continually subject,tq the.tQllowing conditions:
1 The Conditional Use Pe.r*it:.*V*'*m*"vides*":bi::'O::'k00 foot tall communication monopole and a
180 SF equipment buili 4- No equipment..'Orantennas may be in excess of 100 feet.
2. A building permit shaIK*t.e obtained for tho:::O.rection of the monopole and equipment
building.
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 1, 1996
PAGE 13
3. A building elevation of ihVi :equipment building shall be provided to the City for approval
prior to issuance of a tit Riling permit showing the color and style of the masonry block
used for the building. Tly..aritGiucal.cJ�sign;and building materials shall meet City Code
requirements.
4. The 20' wide access dr.Ne.':shall be surfaced with bituminous or concrete for the first 100
feet.
6. The color of the tower shall be of a light blue or light grey color scheme.
7. The applicant shall provide the City documentation, from a structural engineer, confirming
the structural integrity afiJhe proposed monopole prior to the issuance of a building permit.
Aye: 5 Nay: 0
PLANNED DEVELOPMT�:?--NUE & TORGERSON L.L.P.
City Administrator Hedges gave a brief overview on this item. Senior Planner Ridley gave a staff
report. Councilmember Hunter stated that four years ago a moratorium was placed on billboards and, at
that time, it was discussed that there would need to be more leniency with regard to signage of businesses.
He added that this signage is appropriate since it is along the freeway. Councilmember Wachter asked
if it would be possible to co -occupy signage with another business off the site. Mayor Egan noted that
would be a real change in policy. Councilmember Awadri::saiid.:that in order for the applicant's business to
be on the highway sign, there must be signag.e:: hJh;--:$it4."*Mayor Egan said he wondered if they would
have good visibility from Cliff Road. idler noted that the new Dairy Queen is north of the
site and that signage could be used as:%a'gauge for visibility from Cliff Road. Mayor Egan stated that he
was disappointed that the applicant was hot: ser�tAo .answer questions of the Council.
Councilmember Hunter moved, Councilmember'Avd2d .seconded a motion to approve the Planned
Development Amendment to allow a pylon sign at the Greenrrlill Restaurant located on Lot 2, Block 1,
Rahncliff 4th Addition subject to the following conditions:
1. The Agreement shall be amended to revise Exhibit B of the Rahncliff 2nd Addition Planned
Development Agreement as amended, to allow a pylon sign on Lot 2 Block 1, Rahncliff 4th
Addition.
2. All signage shall cotKoft to tt Planned Development Agreement and City Code
requirements.
3. A Planned Developmeilf:0►grjew st> tt:# .ipntered into.
Aye: 4 Nay: 1 (Councilmember Wachter opposed)
PRELIMINARY PLANNED DEVELOPMENT - ESA DEVELOPMENT, INC.
City Administrator Hedges gave an::pif►ii br'r::this item. Senior Planner Ridley gave a staff
report. A representative of the civil enginjepmg #Irm on : :project addressed the Council and stated the
hotel will be marketed as a more reasoniik'k priced version 'vi f;#esidence Inn. Councilmember Masin asked
if, since the hotel is by the freeway, problems would be crdated because of the noise. Pudge Lindman,
construction manager for ESA, stated::: here would not b� :any problems with noise. Gene Happe,
landowner, added that of all the hotel ..that: IM n interest in the land, ESA seemed to be
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 1, 1996
PAGE 14
the most quality hotel.
Councilmember Wachter moved,.£Duneilm.m.W-•.MaRinseconded a motion to recommend approval
of the proposed Preliminary Planned Dove6::jW9strt4 a hotel on 2.85 acres (proposed Lot 1,
Block 1, Norwest 3rd Addition) located. •between Norwest Court and 1-35E, subject to the following
conditions:
1. All trash/recycling containers shall be stored within the building or in an enclosure attached
to the principal building and constructed with materials to match the principal building.
2. All rooftop mechanical equipment shall be screened from view.
3. The developer shall proVOt? a fenc�e::or railing on top of the retaining walls.
4. The developer shall provide detailed:':'plans and specifications covering the construction of
the retaining walls prior;p:.ftal:]Slet:appFp+al:;•:.:•:
5. The developer shall obtain grading easements from the adjacent property owners for any
grading which extends beyond this property (proposed Lot 1, Block 1, Norwest 3rd
Addition).
6. The developer shall obtain an ingress/egress.easement from the adjacent property owner
for the proposed entrance from the,..... tfi l Aman Court prior to final plat approval.
7. The developer shall de dt 'dW:420-foot Ol Oinage and utility easement over the water main
looped through the dev2l6pment..
8. The developer shall submit a cesli, fttl , W iO.h'Jor significant tree/woodland removal in the
amount of $5,700 - $12,300, depending olh- he:. 3umber of significant trees removed for this
current development proposal.
The developer shall be required to install tree protective measures (i.e. 4 foot polyethylene
laminate safety netting) at the drip line or the perimeter of the critical root zone, whichever
is greater, of significant treestw.00dlands to be preserved in area of the proposed driveway
extension to Sherman Count:::::::::::::
10. The developer shall cor9c O the Co.:Forestry Division at least five days prior to any site
grading to ensure compliance with, the approved Tree Preservation Plan.
11. Approved signage includes: l#? Etil ......qe pylon sign at the northeast corner of the
site adjacent to 1-35E; ah located at the main entrance to the site
off Norwest Court. The pylon sign shall comply with standard size and setback
requirements in the City Code. The monument sign shall comply with standard setback
requirements, and be 4'-6" tall by 5'-4" wide as shown on plans submitted and attached.
12. The developer shall submit -:9.41-60.
O-oStrx:4ndicating light levels (lumens) at the property
edge for staff review prio-.6.-Mal pla*hhd n'40yelopment approval.
13. The developer shall plat.the property.
14. A Final Planned Develd r�t;ggfeg", .:sl altbe executed prior to Final Subdivision and
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 1, 1996
PAGE 15
Final Planned Developi'A - ebt approval. The following exhibits are necessary for this
Agreement:
• Final Site
• Final Building:*
• Final Signagp.Pjan
• Final Landsciape Plan
Aye: 5 Nay: 0
7
There was no Legislative/interg'O*V''emmenW.Affairs.
MEETING SCHEDU T -71 OUGH DECEMBER
. .... . . ...
............ ...
City Administrator Hedges discussed the meeting schedule.
Councilmember Wachter moved, Councilmember Awada seconded a motion to recognize the
meeting schedule for October through December and approve special City Council meetings for October
15 and November 7, beginning at 5:00 p.m. Aye: 5 Nay:
SET A PUBLIC HEARING FOR-CETY::0 '-:0 GAN MULTI -FAMILY HOUSING
REVENU:E::'B6'*"""'*`*-' AL OAK CIRCLE
NDS ROY.
City Administrator Hedges gave item.
Councilmember Hunter moved, Mayor Egan s ecdfi .:t motion to approve setting a public hearing
for the City of Eagan Multi -Family Housing Revenue Bonds - Royal Oak Circle for November 4, 1996, and
to authorize the City Clerk to publish the hearing notice. Aye: 5 Nay: 0
PROJECT 643R, APPROVE ASSESSMENT APPEAL SETTLEMENT
(TIMBERLINE ADDITION - STREET RECONSTRUCTION)
Director of Public Works Colbeli�e ar:iawwthis item.
Councilmember Hunter moved3...-Cou nci [member Awada seconded a motion to approve the
Stipulation of Settlement to Special Asspssment Ap.peal of Project 643R (Timberline Addition) for Parcel
10-47700-071-00 (McNurlin) and Parcel:i0-0.10*
46224�0:(
�tj�ifenson), authorize the Mayor and City Clerk
to execute all related documents and a*'uiK6itiea'n::'iW
�-*''tMd�f:'to the final assessment roll for said project
adopted on April 16, 1996. Aye: 5 Nay: 0
RESOLUTION REDESIGNATING MUNICIPAL STATE AID STREET #126
(NEIL ARMSTRONG BLVD.)
Councilmember Wachter asked.._viiti6*:Would_ i5e m this change. Director of Public Works
Colbert provided clarification.
Councilmember Wachter moved;; :Councilmember Mel l� seconded a motion to approve resolutions
redesignating Municipal State Aid Street M I :N
pJ#"trong Boulevard) and authorize the Mayor
EAGAN CITY COUNCIL MEETING MINUTES; OCTOBER 1, 1996
PAGE 16
and City Clerk to, execute all related doW*61"'Onts. Aye: 5 Nay: 0
r:•
Councilmember Wachter stated he..appreciated the new street construction schedule that is being
distributed to the public. He also congraWted Director of Public Works Colbert and Rich Brasch for their
efforts in regard to the innovative design,.' fi the DeLosh Ravine stream stabilization storm sewer project.
He then suggested staff review the current City codes to ensure they are being enforced. Councilmember
Hunter mentioned one to review would be the Sign Ordinance. Councilmember Wachter asked City
Attorney Sheldon about the Council's authority in approving a CUP. Sheldon stated that when the Council
approves a CUP it attaches conditions,• but those conditions need to adhere to the Code. He noted that
in regard to the specific CUP Councilmefter Waoftter was referring to at the last meeting, it should have
been pointed out that the condition in the:: UP wduld have required a variance.
Councilmember Awada referen66d:the housing issue in Brooklyn Park and suggested the Council
follow the issue. She said they are tea(mg: dc� n' '::rt dgwR::one:bedroom apartments that are considered
low-income and building single family houses:::::::::
Councilmember Masin said she had attended the opening of the Big River's Regional Trail. She
said it would be interesting to get feedback regarding the reasons the public voted against the park bond
referendum. Mayor Egan stated that from feedback he has received it does not appear that there was a
united front opposed to the referendum, but rather there were::many individual reasons the public voted
against the referendum.
Councilmembers Hunter and Mash : hlb6ted 60npaign literature.
Councilmember Wachter moved, Mayor Egan sei.aided a motion to approve the check register
dated September 26, 1996 in the amount of $1,682,012.91. Aye: 5 Nay: 0
The meeting adjourned at 10:30
Date
City Clerk
Tim
If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact
the City of Eagan, 3830 Pilot Knob Road, Ea 12Z (612) 681-4600, (TDD phone: (612) 454-
8535)• ..... .... . . ...... .
The City of Eagan is committed to the pglr'y that all persorrS�ave equal access to its programs, services,
activities, facilities and employment without regard to racer. :Color, creed, religion, national origin, sex,
disability, age, sexual orientation, mariQ:*tatus or status with: regard to public assistance.
REPUBLICAN
AN
Ann Ouradnik
Rose Vimr
Mildred Hartleben
Vickie Plott
Gen Amundson
Robert Vogel
Eleanor Marson
Judy Hawley
Marilyn Woolley
June Ketcham
Grover Bellile
Kay Kolehmainen
James Dech
Thora Dech
Neal Black
Jeanne Koehler
Jeremy Yarwood
Ethel Groff
Marie Lane
Lyle Severson
Bill Pfeiffer
Eleanor Bruce
Marilyn Porter
Nita Swan
Janice Beliveau
Laura Basballe
Jack Swan
Marti Guetzlaff
Karen Uecker
Heidi McQuoid
Lucia Johnson
Zella Mirick
Penny Johnson
Jackie Santisteban
Jack Latten
Richard Iffert
Paul Teske
Alice Kreitz
Carol Vihovde
Jean Kimber
Marcia Miller
LIST FOR COUNCIL APPROVAL
GENERAL ELECTION, NOVEMBER 5, 1996
Ruth Lilley
Charlotte O'Donnell
Mary Hansen
Bette Parks
Cathy Brost
Pat Rask
Barb Nuttall
Barb Linert
Herb Legler
Michelle Skindenlien
Bob Manning
Patti Benjamin
Gladys Byrnes
Pam Combs
Aurelia Peterson
Jeanette Leibbrand
Mary Jane LaRock
Elaine Fischer
Gloria Czycalla
Cherryl Mesko
Linda McGee
Ruth Hareid
Linda Parish
Barb Hand
Kim Hazel
Linda Fink
Julie Boom
Diane Downs
DEMOCRAT
Sharon Schoeller
Vivian Date
Willi0i9tielcher
Helen Gerten
Adelarde"Maloney
Carolyn Thurston
Donald:bliri :::::::::::::::::::1�► Medin
Pat Ki = :::::::::::: Rtcfiard Beatty
Margari«t Pellerin
Adeline Buehler
Anth. q. Wilkes, Sr.
Judy Petersen
Marilyn Legler
Beth Smith
Ruth Twomey
Donald Sektnan
Richard Lemay
Donald Lund
Arlene:Ruzzi
Marti Ruzicka
Robert7.immeraian
Bernadine Goess
GeriaWi k Do*�:::
June Nelson
Mare Olson::.'.'.'
Ruth Pryor
Gary 33od::;:::::::::::::::::::::Bev.4►rly
Zaine
Arlene ieibiel :::aanne
Johnson
Bonita Tranby
Tom Pederson
Sharon Astleford
Lloyd Hareid
Joyce McGee
Darlene Hanson
Judy Saima
Kar..en Flood
Kay Dodge :::::::iir#iard
Nicolay
Victor.Naririi:::: :::::den
Damlo
Pauh e: ;egendre :::::Scott
King
Carol Luis .; .. ""Shirley
Doering
Pat Larson' ::; ::::::::bene
Hazel
Kim Edson `''''7riliie:Pederson
Barbara Schneider
Clarice Nitti
Carol Sue Cruz
Frank Hamernik
Yvonne.r*k
Alyce.ke'
Judy iiii sch
Steplm:Olson
Jan
...........
Sonja Larson
Michelle Huck
Karen Dare
Ann
Marilyn.c+�r
Heleqa ,
EXHIBIT "A"
REFORM
Larry Bruce
Sharon Bruce
Barb Malamen
Robert Meckley
Walter Lawrence
James Kennedy
Shirley Klang
Lorraine Reiger
Helen Kennedy
Joan Bohlig
Sheila Shay
Mary Baehr
Jean Harmon
Nancy Hammel
Lois Agrimson
William Skar
Evelyn Otterness
Deb Sandvig
William Hodapp
Barbara Hodapp
Vickie Jabbra
Nancy Severson
Robert Miller
Judy Hansen
Marge Jacobs
Diane Tapper
Rosa Neimy
Jan Anderson
Eric Lockhart
Marcia Miller
Karen Perry
NO PARTY
52 Burnsville Students
Eagan Students
A
P. 83
ELECTI0I4 JUDGES EAGRN from BURNSVILLE HIGH SCHOOL
RH
' ,.. N - M
1• RENDER, LAURA
2. DAMLp, STEPHANIESON, LEAH
3• DOW, KRUE : bAKEA, MIKE
4• ECK, 4FIRRH 3. 6EECHEA, ANDREW
5• ECKLl�ND, KRISTIN, BETZINR, RYAN
6. ECKLUND, TAAUIS. cRSnE, LISA
7. FERGUSON, ANGIE 6• CHAPIN, LISA
8. 618SON, NRIAN 7, CROMARTIE, JRMEKfi
9.
:aAE DIESr:
EMAN, CRA 1 G SSEN, JRSON
10. 6AOUE, KRISTIN':DUNN, TIM
11 • HANNA, ERIN . . . t l� FE11, SRRAH
12• HAThE10, CARIG SIEUEN
13• HEMiNGWAY, DANA !2: 1ARBERTS, AMANDA
14• HUN4EL, BRIOGET 13• HOLKER, SARAH
1S. JOH?4SON, BRIDGET t4. HOLSTON, MIKE
16• KRISkR, NICOLE 15. JOHNSON, CHERI
17. KELLO, LAURA 16. 1C:A "B"QN,"" JULIE
18. KAO"IN, OAWN f:: ENBERGER, WAYNE
19. MUN#ERMRPq, PAUL KE -ONS, EURN
20• MUSSONI, ALLISON ti::;' 9; ..:KEPPE, BUD(WAAAEN)
21. NELSON, JANIE 26 LRAft; DAN
22. PAPENDICK, SARA 21• LAASp TRISH
23. SMIMs AMY 22- LINKOUS, MIKE
24. STOCKMAN, JOHN 23' LONG, KELLY
25• TEICHROEll1, JAMIE 24• MEEHAN, MIKE
26. THw4pSON, LONDO 5,.. NES6,� r GAEL
09-27-96 02:21PY� 003e3tic
5EP-27-1996 14:25
Replacement student Judges
P-02
from BURNSVILLE HIGH SCHOOL
Allen, sally
Barr, Jason °
Redor, k�tle
Berglin, gitn
Bruneau,! Aaron
Carriere,! Kelly
Eidson, Vieth
Fricksoni' Logan
Filels, Rlik-
Foerster; Shaun
Fowler, Reid
611111and, Paul
Hanson, Chris
Harrod, Kim .................
............................
Helntz, Ann
Henderson, Eric
Hering, Zech
Hess, Nil e
tlltpisich,�Ceroiy n
Hilton, Lauren
HonetscOager, Justin
Rubel, Jeremy
John, 6eorgiana
xohis, Rn'le
Lind, Jess
Llsak, H rcos,
Murphy, Alissa
Steinberg, Ryan
:-99X
09-27-96 02:24PU P002 #19
MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
.....Eagan, Minnesota
.........:October 1, 1996
A special meeting of the Eagan t.
Tuesday, October 1, 1996 at 5:00 p.m.
at the Eagan Municipal Center. Preseft Wdr*e'*IVI4jor > gan* and Councilmembers Wachter, Hunter and
Masin. Also present were City Administ"I'Or Tom Hedges, Director of Public Works Tom Colbert, Senior
Planner Mike Ridley, Senior Planner FriSe and City Attorney Jim Sheldon. The purpose of the meeting
was to discuss a proposed ordinance amendment to the regulation of seasonal sales.
VISITORS TO BE HEARD
Mayor Egan asked if there wer�.*�.hy visitors .to be heard. There was no one present.
SEA.50NAL OUTDOOR SALES
City Administrator Hedges prov...�:::e:: i."mi:-4pqkgp Qund on seasonal sales stating that the
.. ..
ordinance amendment was reviewed ...�.. q "'A:;a public hearing of the Advisory Planning
Commission in mid -summer and, due to a busy Council doidket, it has not been scheduled for Council
discussion until this meeting. He further stated that several local businesses were contacted that
participated in the Advisory Planning Commission work session and were asked to attend this meeting.
Mayor Egan acknowledged Al Baker representing Al Baker's Restaurant, Scoff Smith representing Smitty's
and Patsy Schroeder of the Annual Arts and Crafts Fest. Cit
y
._..-Administrator Hedges stated that some 50
to 100 notices were sent out to local businesses that e - nga9t:sq-:some type of seasonal sale events notifying
them of the Advisory Planning Commission
this summer.
Senior Planner Freese reviewed' ifie intent of; :I#le seasonal sales ordinance amendment and
provided background on the comments arid:lnpig.by:the 'Panning Commission.
Al Baker appeared and expressed concern ab`0'4:---':-:-* ... : his business feels when SuperAmerica
holds their periodic Wednesday and Thursday outdoor brattha'ihburger promotions. He stated that trucks
have caused deterioration to the bituminous surface of his parking lot, cars have taken parking spaces and
the overall congestion has been a deterrent to his luncheon business. Mr. Baker further stated that
regulations should be in place that require SuperAmerica to regulate their own traffic. He stated to date,
he has had a real frustration in that SuperAmerica is ignoring his concerns. City Cduncilmember Hunter
asked how many of these promotional outd6&j4tjcheppp:&�:held each year. Mr. Baker stated that there
erandlii�y&:
:::usually held for two (2) consecutive days.
have been as many as four to five per. �O"
... h
City Councilmember Wachter stated tftf: e is in:*.-.iEi0port of keeping the Code as is and enforcing the
regulations as opposed to drafting more. regulations and an ordinance amendment to deal with the issue.
Mr. Baker stated that if SuperAmerica i:'nning tq"':g*:'0.'nerate thisty pe of business, they should be required
to secure a permit that satisfies any aria 11 c?i?rt#ikti
h's:W:fPM0 by the City.
Senior Planner Freese provided background on City Code 11.10, Subdivision 29 in addition to the
history of how outdoor sales have been administered. She stated that outdoor storage current language
was initially prepared to address outside storage and display of materials such as, salt pellets, window
washer fluid and similar retail items. She further. stated that the language also includes outdoor sale
events. Senior Planner Freese continued Rv,*.*fift_6*t
..purrently the short-term special use events are
handled administratively, raising a question:. er h6*%byents should either be regulated by a license
or conditional use permit for action by 1t*'6* Council.
City
uncilmember Wachter again stated that he
supports enforcing the ordinance as it.is.today as oppose�.---_io introducing new language. Mayor Egan
'
agreed with City Councilmember Wachik
�4:but stated that enW�ement is a concern and cited an example
EAGAN SPECIAL CITY COUNCIL MEETING MINUTES; OCTOBER1, 1996
PAGE 2
of when a lane -was closed on Lexingti'K:Avenue for the Haunted Hayride without any conditions or
provisions set forth by the City. Senior Planner Freese explained that a conditional use permit or provision
in the ordinance requiring an action by #Ise'Citi;:C i}r ...:Ar�O:yoquiring conditions would allow the City to
enforce any violation; however, the do"i8e-:is:44�'ai tiril:'of time a conditional use permit takes to
process. City Attorney Sheldon cladfied:there is no process in the City Code to handle special outdoor
sales administratively.
There was discussion by the City Council regarding whether the issue should be handled as a land
use or business licensing. City Attorney Sheldon stated there must be a City Code amendment to provide
a licensing mechanism. Mayor Egan suggested that language be drafted whereby regulations would be
made very narrow providing some administrative practice. He further stated that a policy outlining
conditions for outdoor sales could be esi6lished WO if these conditions are violated, an action would be
necessary by the City Council. Senior Ptinner Free explained the process and how it would work with
the proposed ordinances adding definitibits and pe ,.ormance standards. Mayor Egan further suggested
that any retail business considering a seasonal, outdoor sales must provide adequate parking and other
appropriate buffering to mitigate traffic cAsEioil:itc# xrttiI Reif slice with any neighboring business.
City Councilmember Hunter suggested the following language stating, "In no event, will parking be
permitted on an adjacent parcel without the permission of the adjacent parcel owner."
City Attomey Sheldon stated that whether the City decides to govern seasonal sales by land use
or license, the action should be with the owner. He further.�stied that the owner should be in violation of
either licensing or land use conditions, but not1a,creae::iiation where only a user receives a citation.
Scott Smith stated that he was iipreciative of t#j City Council considering an amendment to the
ordinance and supported language presen..... r:;.staff.'''1✓ity Councilmembers discussed the appropriate
hours of operation for seasonal outdoor sales:::::May41'::EBart.suggested 10:00 a.m. to 10:00 p.m. as a
reasonable time period. Patsy Schroeder stated that tf i—*E&-*?s would conflict with the church service and
other events at the annual Arts & Craft show and would altU: iiolate the annual Fireworks event on July
4th.
After further discussion, Mayor Egan summarized the Council discussion by stating that the
ordinance amendment as drafted by staff will be presented at a future City Council meeting for
consideration. City Councilmembbr Wachter.:5tated thpt :if:.ft seasonal sales ordinance amendment is
enacted, there should be official notificatti# t 1f3i2:ijewspapef ;hd newsletter. He further stated that those
businesses who are in violation, such as:i cnveniern.okstores that are selling salt pellets and other related
items outside their place of business, should be seiiti notice of violation. He further stated as a courtesy,
the City should send a copy of the revise d:brdinanqe:to all businesses who have held special events, if this
new ordinance revision is enacted with ffi . ametuftt nts.dismissed at this meeting.
City Councilmember Masin asked if local businesses. receive the City-wide newsletter on a regular
basis. Al Baker stated that the newsletter is delivered to each business.
Al Baker, Scott Smith, and Patsy Schroeder all thanked the City Council for the discussion and
further expressed their appreciation for the Coprtpi .*& consideration to an ordinance amendment that
would provide the appropriate regulation ipr sisxiso iei:tscl, bor sales and special sale events.
City Administrator Hedges states:: iat, as directed WtfMayor Egan and the City Council, this item
will be placed on a future agenda with emery consideration liven to the October 15 meeting.
EAGAN SPECIAL CITY COUNCIL MEETING MINUTES; OCTOBER -1, 1996
PAGE 3
BUSINESS
There was no other business.
The meeting adjourned at 6:30.a.m. to the regular City Council meeting.
Date
City Clerk
TLH
Agenda Information Memo
October 15, 1996 Eagan City Council Meeting
The following items referred to as consent items require one (1) motion by the City Council.
If the City Council wishes to discuss any of the items in further detail, those items should be
removed from the Consent Agenda and placed under Old or New Business unless the discussion
required is brief.
Item 1. Clerical Technician III/Police Department --
ACTION TO BE CONSIDERED:
To approve the hiring of a person to be recommended as a Clerical Tech III in the Police
Department.
FACTS:
Final interviews to fill this vacant position will be held on Monday, October 14, 1996. It is
anticipated that the name of the person to be recommended for hire will be available to the
Council at the meeting on Tuesday.
Item 2. Reclassification/Administrative Assistant/Police Department --
ACTION TO BE CONSIDERED:
To approve the reclassification of the Administrative Assistant in the Police Department from
compensation level G exempt to compensation level H exempt.
FACTS:
The Chief of Police requested a review of the time spent profile (TSP) of the Administrative
Assistant position in the Police Department because he believed the duties and level of
responsibilities of that position had changed significantly since the TSP was originally drawn up.
The TSP was reviewed and the results indicate that the position should be reclassified from
exempt level G to exempt level H.
1-!
Agenda Information Memo
October 15, 1996 Eagan City Council Meeting
ACTION TO BE CONSIDERED:
To approve massage therapist licenses for Lucille Maghrak/Rafiei to practice at the Body
Wellness Center at 2121 Cliff Drive and Anne Brudzinski to practice at Lifetime Fitness, 1565
Thomas Center Drive.
FACTS:
• Applications from the above referenced individuals have been processed and investigated and
are in order for consideration by the City Council.
The applicants propose to provide massage services at currently licensed massage therapy
establishments.
ATTACHMENTS:
• Application forms enclosed without page number.
Agenda Information Memo
October 15, 1996 Eagan City Council Meeting
W09:4 U-3 Do .: : 157 11] 1\. o\
im .1 VV 11SX61-0 11-114 Z11 Ala a 10 LIM 4:4 :14 11 ISCO&I RM
ACTION TO BE CONSIDERED:
To approve refuse hauler licenses for Total Sanitation Service Incorporated for commercial and
construction debris and for Randy's Sanitation, Quality Waste Control Incorporated, Haul -Tech
Environmental LLC, Henningsen Construction Service, Inc., and United Waste Systems of MN,
Inc., dba UWS/Gallagher's to add construction debris to their current hauler license.
FACTS:
Following the recent Council action requiring licensing for construction debris service, the City
began informing haulers serving construction projects of the need to become licensed. The
applicants listed above have responded to that requirement for the additional vehicles. Total
Sanitation Service was not previously licensed in the City, and is applying for a commercial and
construction debris license at this time.
• All applications are in order for consideration by the Council.
ATTACHMENTS:
• Application forms enclosed without page number.
CII
Agenda Information Memo
October 15, 1996 Eagan City Council Meeting
ACTION TO BE CONSIDERED:
To approve a pet shop license for a Petfood Warehouse, located in the Town Centre Shopping
Center.
FACTS:
• An application has been received of the Petfood Warehouse to provide for retail pet sales.
The application and the property have been reviewed by the City's animal control officer and
is in order for consideration by the Council.
ATTACHMENTS:
Staff investigation report on page —A.
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
PET SHOP LICENSING
a
WG4Y. 11ousc-
PET SHOP is for the purpose of selling live dogs, cats, monkeys,
hamsters, parrots, fish or other small animals. Pet shops are
permitted in commercial zones only. A LICENSE IS REQUIRED.
LICENSING REGULATIONS:
Floor is constructed of non-absorbent/non-adsorbent material.
L-- Floors are clean, sanitary and in good repair.
L#00" -Walls and ceilings are clean, sanitary and in good repair.
i ----Animal housing is of metal, glass, durable plastic or other
durable material.
4 ----Animal housing is clean, sanitary and in good repair.
Animal housing is sized sufficiently for humane confinement.
_vKooms containing animals are illuminated at least 8 hours a
day with sufficient lighting to permit routine cleaning and
inspections.
--IR"ooms mechanically ventilated for air exchange. Room
temperatures do not endanger animals' health.
4 -'Odors and organisms do not enter adjacent businesses.
replacement air preheated so as not endanger health of
animals.
Utensils used in food preparation and feeding are clean,
sanitary and in good repair.
L,—'K11 animals are kept within the enclosed building.
✓ All animals subject to distemper and infectious hepatitis have
proof of innoculation prior to delivery to pet shop by
licensed Minnesota veternarian. Monkeys must have proof of
�nnual tuberculin test.
There is a separate room for storing janitorial supplies and
equipment. Janitor's room has sink with hot and cold running
water.
Inspected B �lyy
1
Date: 91- 6?? o - y�
Agenda Information Memo
October 15, 1996 Eagan City Council Meeting
mowflmm M 1&-m-glam
ACTION TO BE CONSIDERED:
To approve an on -sale liquor license for ARG Enterprises Inc., dba Stuart Anderson's Cattle
Company Restaurant at 1299 Promenade Place.
FACTS:
• The City is in receipt of an application from ARG Enterprises for a liquor license for the
Stuart Anderson's Cattle Company Restaurant at the Eagan Promenade. The application has
been reviewed by staff and the Police Department and no reasons are identified to deny the
application at this time.
ATTACHMENTS:
• Application enclosed without page number.
Agenda Information Memo
October 15, 1996 Eagan City Council Meeting
t_ _ $ _ 000066r.1% 114 WLeas 3101,, 11310 :_ X11 ul
ACTION TO BE CONSIDERED:
To approve the resolution making technical amendments to the Royal Oak Circle Multi -family
Housing Mortgage Revenue Bond.
FACTS:
In 1986, the City issued $12,580,000 Multi -family Housing Revenue Bond (Royal Oak
Circle Project), Series 1986 to finance the project. In 1991, as a result of certain
delinquencies, ownership changed. The current financial structure is not in a doable form
because, among other aspects, there is accrued and unpaid accumulated interest.
The present owners have requested the following two (2) actions:
1) The resolution to make technical amendments to the bond terms including the
elimination of accumulated and contingent interest.
2) An extension to the maturity date and credit enhancement. (This is the action
which will be considered at the public hearing set at the October 1, 1996, City
Council meeting for November 4.) Federal tax law requires the public hearing for
the extension.
The City's Bond Attorney, Steve Rosholt of Faegre & Benson, is working with staff and
the applicant on behalf of the City. Those costs are being billed directly to the applicant.
While approval for both actions is required from the City, there are no negative
ramifications to the City. On the positive side, the proposed amendments would eliminate
existing defaults and put the project on a sounder financial footing, thereby reducing the
chance of City involvement in a future default.
ATTACBM1ENTS:
(Both are rather technical and included only for City Councilmembers who would like the extra
detail.) /
Resolution on pages through
• Thel lrsaction Proposal prepared by the applicant's counsel on pages through
k-
10
RESOLUTION NO.
RESOLUTION AUTHORIZING AND APPROVING THE EXECUTION
AND FILING WITH THE INTERNAL REVENUE SERVICE OF A FORM
8038, INFORMATION RETURN FOR TAX-EXEMPT PRIVATE
ACTIVITY BOND ISSUES, WITH RESPECT TO THE $12,580,000
MULTIFAMILY HOUSING MORTGAGE REVENUE BOND (ROYAL
OAK CIRCLE PROJECT) SERIES 1986 (THE'BOND"); APPROVING THE
WAIVER AND CANCELLATION OF UNPAID BASE INTEREST ON THE
BOND; AMENDING THE INTEREST RATE PROVISIONS SO AS TO
PROVIDE FOR A FLOATING RATE OF INTEREST ON THE BOND
AND THE PAYMENT OF INTEREST ON THE FIRST DAY OF EACH
MONTH; ELIMINATING ALL REMARKETING PROVISIONS AND
EXTENDING THE SCHEDULED MATURITY DATE OF THE BOND;
ADDING ACCRUED CONSTRUCTION PERIOD DEFERRED INTEREST
TO THE PRINCIPAL AMOUNT OF THE BOND; ADDING CERTAIN
PROVISIONS WITH RESPECT TO THE EXERCISE OF REMEDIAL
RIGHTS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF
DOCUMENTS AND INSTRUMENTS RELATING THERETO
WHEREAS, The City of Eagan, Minnesota (the "Issuer") has previously issued its
"$12,580,000 Multifamily Housing Revenue Bond (Royal Oak Circle Project), Series 1986" (the
"Bond"), pursuant to and in accordance with a Lender Loan Agreement between the Issuer
and Capital Realty Investors Tax Exempt Fund Limited Partnership (the "Prior Bondholder")
dated as of December 1, 1986; and
WHEREAS, the Issuer used the proceeds of the Bond to make a loan (the "Loan")
to Royal Oak Circle, A Limited Partnership, a Minnesota limited partnership (the "Original
Developer"), to provide financing for a multifamily rental residential development (the
"Project"); and
WHEREAS, the Project was conveyed by the Original Developer to CRICO of Royal
Oaks Limited Partnership (the "Owner") by Quitclaim Deed on June 1, 1991, with the Owner
assuming the existing indebtedness on the Project; and
WHEREAS, Capital Realty Investors Tax Exempt Fund Ltd. (the "New Bondholder")
intends to acquire the Bond from the Prior Bondholder through a merger transaction; and
WHEREAS, the New Bondholder, at the time of its acquisition of the Bond, is willing
to forgive and forever discharge all Bond interest which was not paid when scheduled to be
due and has been deferred, and desires that the Issuer forgive and forever discharge all
corresponding unpaid interest accrued on the Loan; and
WHEREAS, the New Bondholder desires to delete all provisions pertaining to the
payment of Contingent Interest from the Bond, the Lender Loan Agreement and the Loan
Agreement, to amend the interest rate on the Bond to a rate which floats with the PSA Index,
and to provide for the payment of interest on the first day of each month; and
i3
WHEREAS, the New Bondholder desires to eliminate all provisions for remarketing
from the Bond and to extend the maturity date of the Bond to a date not later than
December 1, 2018; and
WHEREAS, the New Bondholder desires to add to the principal amount of the Bond
and the Loan all unpaid Construction Period Deferred Interest accrued as of the date it
acquires the Bond; and
WHEREAS, immediately following its acquisition of the Bond, the New Bondholder
intends to convey the Bond to US Trust Company of New York, as Trustee (the 'Trustee")
and, in connection with its acquisition of the Bond, the Trustee intends to credit enhance the
Bond, in a secondary market transaction, with a letter of credit; and
WHEREAS, in connection with the credit enhancement of the Bond it will be
necessary for the Issuer and the provider of such credit enhancement to agree to certain
intercreditor arrangements affecting the exercise of remedial rights under the Bond and
related documents and with respect to the Project; and
WHEREAS, Capital Apartment Properties, Inc., a Maryland corporation
("CAPREIT'), which will be an affiliate of the New Bondholder, has agreed to pay any
counsel fees incurred by the Issuer in connection with such transactions, regardless of whether
the New Bondholder actually acquires the Bond; and
WHEREAS, the credit enhancement of the Bond and the requested amendments to
the Bond will cause a reissuance of the Bond for federal income tax purposes; and
WHEREAS, a reissuance of the Bond will necessitate the filing by the Issuer with the
Internal Revenue Service of Internal Revenue Service Form 8038, Information Return for
Tax -Exempt Private Activity Bond Issues, in order to maintain the excludability from the
income of the holders thereof of interest on the Bond; and
WHEREAS, the Issuer is willing to execute and file a Form 8038 in connection with
and as a result of the addition of credit enhancement for the Bond, the elimination of all
accrued interest on the Bond and the Loan which was not paid when scheduled to be due and
has been deferred, the amendment of the interest rate provisions on the Bond and provision
for payment of interest on the first day of each month, the elimination of remarketing
provisions and extension of the Bond's maturity to a date not later than December 1, 2018,
the provision of intercreditor arrangements with respect to remedial actions under the Bond
and related documents and the addition of accrued Construction Period Deferred Interest to
the principal amount of the Bond and the Loan, all as described above; and
WHEREAS, there has been submitted to the City Council of the Issuer (the "Council")
the proposed Form 8038, which is attached to and comprises a part of this Resolution; and
WHEREAS, there has been submitted to the Council the proposed form of
Amendment to Lender Loan Agreement and Amendment to Loan Agreement, copies of
which are attached to and comprise a part of this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EAGAN, MINNESOTA:
1. That the filing of an Internal Revenue Service Form 8038 in connection with
the addition of credit enhancement for the Bond and the execution and delivery
of an Amendment to Lender Loan Agreement and an Amendment to Loan
Agreement, in form and content substantially as attached hereto, is hereby
authorized and that (subject to paragraph 3 below) upon execution of said
Form 8038 by the City Clerk, such form shall be mailed to the Internal
Revenue Service Center, Philadelphia, Pennsylvania 19255.
2. That the execution and delivery of an Amendment to Lender Loan Agreement
and an Amendment to Loan Agreement, substantially in the form and
substance of those attached hereto, and the taking of such other actions as have
been taken or as may be necessary or convenient in connection therewith is
hereby authorized and that upon execution and delivery of such documents by
the Mayor and the City Clerk, such documents shall be binding upon the Issuer.
3. That the acts authorized in numbered paragraphs 1 and 2 immediately above
are to be effected only in the event of the acquisition of the Bond by the New
Bondholder or by an affiliate of, or by a party acting on behalf of an affiliate
of, CAPREIT.
PASSED AND APPROVED this 15th day of October, 1996.
3 /
I J
THE TRANSACTION PROPOSAL
Background
In 1986, The City of Eagan, Minnesota issued bonds in the amount of $12,580,000,
which are known as the City of Eagan, Minnesota Multifamily Housing Mortgage Revenue
Bond (Royal Oak Circle Project) Series 1986 (the 'Royal Oaks Bonds'. All of the Royal
Oaks Bonds were initially acquired and have continued to be held by Capital Realty
Investors Tax Exempt Fund Limited Partnership ("CRITEF P'). In addition to the Royal
Oaks Bonds, CRITEF I holds numerous other multifamily housing bonds (collectively known
as the "CRTTEF I Bonds').
The apartment project financed with the Royal Oaks Bonds, (the "Royal Oaks
Project') originally was owned by a party not affiliated with CRITEF I. As a result of
delinquencies in payment on the Royal Oaks Bonds, ownership of the Royal Oaks Project
was transferred by deed in lieu of foreclosure in 1991 to an entity owned by persons
associated with CRITEF I, and the new owner agreed to pay base interest only to the extent
of net cash flow, with interest at the base rate to accrue on the unpaid amounts.
CRITEF I Mergers
Recently, Capital Apartment Properties, Inc. ("CAPREII"') entered into merger
agreements with both CRITEF I and Capital Realty Investors Tax Exempt Fund III Limited
Partnership, an entity similar to CRITEF I, which also owns numerous multifamily housing
bonds (the "CRITEF III Bonds"). In connection with these merger agreements, an affiliate
of CAPREIT (the "Surviving Entity") will become the owner of all of the CRITEF I Bonds
and of all of the CRITEF III Bonds as well as another multifamily housing bond already
controlled by CAPREIT. All of these bonds, collectively are referred to as the "CRITEF
Bonds". The Royal Oaks Project will still be owned by its current owner, except that an
affiliate of CAPREIT Residential Corporation, the current property manager, will be the
new general partner of the owner, and one or more affiliates of CAPREIT will have options
to acquire the existing limited partnership interests of the current owner.
Trust Financing
Immediately after the consummation of the mergers, the Surviving Entity will transfer
all of the CRITEF Bonds to one or more trusts (the "Trusts") in which United States Trust
Company of New York will serve as Trustee. Each Trust will issue three classes of
ownership interests:
(1) a class of floating rate certificates entitled to tax-exempt income of the
Trust at a rate to be determined from time to time by Bear, Stearns &
Co., as remarketing agent (the "Floater Certificates");
J(0R,:5W Oak
(2) a subordinate certificate entitled to receive an amount of Trust income
equalling a certain percentage of the outstanding face amount of
Floater Certificates (the "Subordinate Certificate"); and
(3) a residual certificate entitled to the remainder of Trust income (the
'Residual Certificate").
The Floater Certificates for each Trust will be placed with investors by Bear, Stearns & Co.,
as placement agent; the Subordinate Certificate for each Trust will be issued to an entity
that is obtaining credit enhancement for the CRI TEF Bonds, as discussed below; and the
Residual Certificate for each Trust will be issued to the Surviving Entity.
Credit Enhancement, Liquidity, and Collateral
CentRe Mortgage Capital, LLC. ("CMC) has arranged for Swiss Bank Corporation
("Swiss Bank") to issue its letter of credit to serve as credit enhancement for the CRITEF
Bonds in each Trust. CMC also has arranged for Swiss Bank to issue its standby purchase
agreement to serve as a liquidity facility for the Floater Certificates of each Trust. It is
intended that, as a result of the letter of credit and liquidity facility being provided for each
Trust, the Floater Certificates will receive at least investment grade ratings from Standard
& Poors and Moody's.
The Swiss Bank letters of credit and liquidity facilities will be collateralized by a
surety bond issued by Zurich International (Bermuda), Ltd. (" ZIB"), an insurance company
affiliated with CMC. The project owners affiliated with CAPREIT will be obligated to
reimburse Swiss Bank for advances under its letters of credit. In addition, the Surviving
Entity as the trustor of each Trust will be obligated to pay interest on, and provide
reimbursement to Swiss Bank for, advances under each of its liquidity facilities. The
reimbursement obligations of the project owners affiliated with CAPREIT and the Surviving
Entity will be secured by liens on those projects as well as liens on other multi -family
housing properties owned by other affiliates of CAPREIT. CAPREIT also will fund reserves
of several million dollars for capital expenditures on CRTTEF Bonds projects as additional
security.
Amendments to CRITEF Bonds
At the time of the Trusts' financing, the Royal Oaks Bonds along with the other
CRTTEF Bonds and the underlying mortgage loans need to be amended to:
(1) provide for payment of interest on the first day of each month;
(2) eliminate accrued and unpaid base interest and contingent interest not
expected to be paid;
(3) combine the construction period interest and principal;
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(4) eliminate all remarketing features and extend the scheduled maturities;
(5) establish a new rate of interest for the remaining life of such bonds
equal to a floating rate indexed to PSA, but subject to a minimum and
a maximum rate of interest; and
(6) provide for certain intercreditor arrangements in connection with the
addition of credit enhancement to the Bonds.
Summary
CRITEF I and CAPREIT submit that the proposed mergers and Trusts' financing will
benefit the Royal Oaks Project and the City of Eagan, Minnesota by reducing the likelihood
of future payment defaults and removing any stigma of a defaulted bond issue. It is
therefore important to proceed with the amendments described above as quickly as possible.
CRITEF I and CAPREIT respectfully request that the City of Eagan, Minnesota approve
the amendments described above, to be effective as and when, but only if, the Surviving
Entity becomes the owner of the Royal Oaks Bonds through the merger.
"OA
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Agenda Information Memo
October 15, 1996 Eagan City Council Meeting
1: .1 W41:1 RAI ul 5 I _01 I 1 1
MWAST : u
ACTION TO BE CONSIDERED:
To set a public hearing for November 19, 1996 to consider the final assessment of the delinquent
weed cutting, tree removal and false alarm bills and certify them to Dakota County for collection
with property taxes.
FACTS:
The City annually considers unpaid bills for certification to the County. Further
information relative to this year's delinquent bills will be distributed at the time of the
public hearing.
Agenda Information Memo
October 15, 1996 Eagan City Council Meeting
H. FINAL SUBDIVISION - GARDENWOOD PONDS 2ND ADDITION
D.R. HORTON, INC.
ACTION TO BE CONSIDERED:
To approve the final subdivision for Gardenwood Ponds 2nd Addition located south of
Wescott Road, west of Bald Lake, north of Northview Park Road in the NE corner of 23.
FACTS:
► Final plans, the development contract, and financial guarantee have been reviewed and
are in order.
ATTACHMENTS: (1)
Plat Map - page(.
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Agenda Information Memo
October 15, 1996 Eagan City Council Meeting
I. FINAL SUBDIVISION - TOWN rENTER 70 NINETEENTH ADDITION
lyif ATTICE CAR WASH)
ACTION TO BE CONSIDERED:
To approve a Final Subdivision (Town Center 70 Nineteenth Addition) consisting of 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.
FACTS:
► The City Council reviewed and recommended approval of a Preliminary Subdivision
(Town Center 70 Nineteenth Addition) at its regular meeting on September 17, 1996.
► The Development Contract is signed and in order and ready for execution at the regular
City Council meeting on October 15, 1996.
ATTACHMENTS:
Plat Map, page
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Agenda Information Memo
October 15, 1996
J. CONTRACT FOR STREET SNOW REMOVAL SERVICES
ACTION FOR COUNCIL CONSIDERATION: To approve an extension of the current
contract for street snow removal services (1996-1997) and authorize the Mayor and City Clerk to
execute all related documents.
FACTS:
For the past 7+ years, the City has privatized a portion of its street and cul-de-sac snow
removal services through a contractual agreement.
For the past 2 years, the City has had a continuing satisfactory contract with Gallagher's, Inc.,
to provide this service. The current contract provides for annual renewals/extensions subject
to mutual agreement of both parties.
Contractor has agreed to maintain his same unit prices for the 1996-97 season. With no
increase in cost, a satisfactory contractual history and a familiarity with our routes and
expectations, the Public Works Department is recommending that the City Council enter into
an extension by renewing the current contract for the 1996-97 season.
ATTACHMENTS:
Contract unitrices
P ,Pae page
a�(
The undersigned agrees to furnish one of the pieces of equipment described on the preceding pages
in accordance with the terms of this Proposal and Agreement at the rates entered below at such time
as they may be requested by the City.
If a rate is being submitted for the use of plow or wing, the make and model of these items should
be inserted in the blank lines.
Contractor may bid on one or more of each type of equipment.
A quotation may be rejected if any alteration or erasure is made in entering the rates. Quotation rates
must be entered in -irk or rewritten.
MOTOR GRADER
UNIT NO. 1 Motor Grader $ Per Hour
Side Wing $ Per Hour
WHEEL LOADER
UNIT NO. 1 Wheel Loader
$Per
Hour
' Front Plow
$
'd7 ' _w Per Hour
Side Wing
$
Per Hour
UNIT NO.2 Wheel Loader
$
Per Hour
Front Plow
$
g sc Per Hour
Side Wing
$
Per Hour
UNIT NO.3 1- '75' e,,,5 J dw 4AVheel Loader
$
'sa s� Per Hour
Front Plow
$
Per Hour
Side Wing
$
Per Hour
SINGLE AXLE DUMP TRUCK
UNIT NO. 1 ' N -., I Single Axle Dump $_°�' Per Hour
Side Wing $ Per Hour
UNIT NO.2
Single Axle Dump
Side Wing
$ Per Hour
$ Per Hour
Agenda Information Memo
October 15, 1996
K. MNDOT SPEED LIMIT SURVEY REQUEST
ACTION FOR COUNCIL CONSIDERATION: To approve a resolution requesting MnDOT
to perform a speed limit survey/determination on several local streets.
FACTS:
According to State Statute, only the Minnesota Department of Transportation WOT) has
the authority to establish legally enforceable speed limits on local streets.
While the City does have the authority to establish 30 mph speed zones in local residential
areas, there are several collector classified streets within the community that need formal
MnDOT evaluation.
ATTACHMENT:
_p Resolution, page��
RESOLUTION
CITY OF EAGAN
SPEED LIMIT DESIGNATION
MNDOT SPEED STUDY REQUEST
WHEREAS, the City of Eagan has recently constructed or upgraded several streets
within the community; and,
WHEREAS, the City would like to establish enforceable speed limits along those
local streets referenced on the attached Exhibit A;
NOW, THEREFORE, BE IT RESOLVED that the City Council, the City of Eagan,
Dakota County, hereby request MnDot to perform all required speed studies necessary to designate
the proper speed limit for those streets referenced in the attached Exhibit A.
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CERTIFICATION
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest: _
Its Clerk
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 day of
1996.
E.J. VanOverbeke, City Clerk
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RESOLUTION REQUESTING SPEED STUDY FOR SPEED LIMIT
tr et
From
To
Beau de Rue Drive
T.H. 13
Nicols Road
Beaver Dam Road
Diflley Road
Shale Lane
Braddock Trail
Northview Park Road
Diflley Road
Carnelian Lane
Rahn Road
Blackhawk Road
Coachman Road
Four Oaks Road
Yankee Doodle Road
Covington Lane
Galaxie Avenue
Pilot Knob Road
Daniel Drive
Diffley Road
Lexington Pointe Parkway
Denmark Avenue
Duckwood Drive
Deerwood Drive
Dodd Road
Cliff Road
Rosemount
Four Oaks Road
T.H. 13
Coachman Road
Gold Trail
Beau de Rue Drive
Turquoise Trail
Northridge Drive
Wescott Road
Northview Park Road
Johnny Cake Ridge Road
Woodgate Lane North
Cliff Road
Lexington Pointe Parkway
Lexington Avenue
Daniel Drive
Shale Lane
Rahn Road
Beaver Dam Road
Slater Road
CIiff Road
Burnsville
Turquoise Trail
Rahn Road
Blackhawk Road
Cliff Lake Road
Blackhawk Road
Cliff Road
Galaxie Avenue
Cliff Road
Apple Valley
Rahn Road
Cedarvale Blvd.
Cliff Lake Drive
Silver Bell Road
T.H. 13
Blackhawk Road
Agenda Information Memo
October 15, 1996
L. PROJECT 706, FINAL ASSESSMENT ROLL (WILDERNESS RUN RDl
ACTION FOR COUNCIL CONSIDERATION: To receive the final assessment roll for Project
706 (Wilderness Run Road - Overlay) and schedule a public hearing to be held on November 19,
1996.
FACTS:
The construction of a mill and overlay on Wilderness Run Road from Pilot Knob Road to
Capricorn Court has been completed, all costs tabulated and the final assessment roll
prepared.
The final assessment roll is being presented to City Council for their consideration of
scheduling a public hearing to formally present the proposed final cost to all affected property
owners.
An informational neighborhood meeting has been scheduled for 6:30 p.m., October 22, 1996,
to address any questions or concerns affected property owners may have.
M. PROJECT 701 FINAL ASSESSMENT ROLL S HILLS ADDN
ACTION FOR COUNCIL CONSIDERATION: To receive the final assessment roll for Project
701 (S. Hills Addition - Overlay) and schedule a public hearing to be held on November 19, 1996.
FACTS:
The installation of structural overlay within the S. ITills Addition has been completed, all costs
tabulated and final assessment roll prepared.
This final assessment roll is being presented to the City Council for their consideration of
scheduling a public hearing to formally present the final costs to all affected property owners.
An informational neighborhood meeting has been scheduled for 6:30 p.m., October 24, 1996,
to address any questions or concerns that affected property owners may have.
0
Agenda Information Memo
October 15, 1996
N. CONTRACT 96-18 FINAL PAYMENT(WILDERNESS RUN RD & S BILLS ADDN
ACTION FOR COUNCIL CONSIDERATION: Approve the 2nd and final payment of
$128,838.74 to McNamara Contracting, Inc., for Contract 96-18 (Wilderness Run Road & S. Hills
Addition - Mill & Overlay) and authorize acceptance for perpetual City maintenance subject to
contractual warranty provisions.
FACTS:
Contract 96-18 provided for the milling of the existing surface and the installation of a
structural overlay for Project 701 (S. Hills Addition) and Project 706 (Wilderness Run Road).
The work has been completed in accordance with the terms and conditions of the City
prepared detailed plans and specifications, inspected by representatives of the Public Works
Department and found to be in order for favorable Council action of final payment and
acceptance for perpetual maintenance subject to appropriate warranty provisions.
O. CONTRACT 96-12, NORTHWOODS DRIVE (CHANGE ORDER #2)
ACTION FOR COUNCIL CONSIDERATION: To approve Change Order #2 to Contract 96-12
(Northwoods Drive - Storm Sewer) and authorize the Mayor and City Clerk to execute all related
documents.
FACTS:
Contract 96-12 provided for the installation of streets and utilities for Northwood Drive from
Denmark Avenue to Lexington Avenue.
Subsequent to contract award, proposed land development considerations adjacent to
Northwood Drive resulted in the determination that additional storm sewer could most
efficiently and economically be installed under this contract. Subsequently, design plans were
prepared and a cost estimate solicited from the contractor using existing unit prices where
applicable.
This change order has been reviewed by the Engineering Division and found to be in order
for favorable Council action. All costs associated with this change order will be assessed to
the benefitted property owners and the Storm Water Trunk Fund as appropriate. The amount
of the change order is $14,375.30. (1.7% of contract.)
ATTACHMENTS:
Change Order document, pages and����
3 v
CITY OF EAGAN SRF No. 0952430
CONTRACT #: 96-12
PROJECT #: 694
CHANGE ORDER #:
DATE: September 24, 1996
PROJECT NAME: Eagm 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: McN ara Qgntracting.-Inc.
5001 - 160th -Street West
Rosemount. 55068
DESCRIPTION OF CHANGE ORDER WORK.
ENGINEER: SRF Consulting Group, Inc.
One Carlson Parkway, Suite 150
Minnea>)olis, MN 55447
Additional storm sewer pipe and appurtenances are necessary to direct storm water runoff from the
existing wetland on the north side of Northwood Drive at Promenade Avenue to Pond DP -6, located
in the southeast quadrant ofNorthwood Drive and Promenade Avenue.
JUSTIFICATION FORIPURPOSE OF CHANGE ORDER:
The additional storm sewer is necessary to be consistent with the City of Eagan Comprehensive
Storm Water Management Plan.
Although the Contract unit price for 450 mm RC Pipe Sewer is $80.00 per meter, a higher unit price
($115.30 per meter) is justified due to the greater pipe depths.
�Z93031 7a
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Change Order No. 2 -2- September 24, 1996
DESCRIPTION OF WORK ITEMS
Item No.
Item Description
Unit
Unit Price
Quantity
Amoun
2501.515
600 mm RC Pipe Apron
Each
$
740.00
1.0
$ 740.00 (c)
X2503.541
450 mm RC Pipe Sewer
ar-
$
115:30
66.0
$ 7,609.80 (n)
Design 3006 Class V
2503.541
600 mm RC Pipe Sewer
In
$
94.00
32.0
$ 3,008.00 (c)
Design 3006 Class III
2506.501
Construct Drainage Structure
Each
$
1,120.00
1.0
$ 1,120.00 (c)
Design CC (1200 mm)
0506.602
Construct Pond Outlet Slimmer .
Eacli
$
11)897.50
1.0
1.897.50 (n)
Structure (1200 mm)
Total Increase Change Order No. 2
514.375.30
�c indicates contract unit price
nj indicates negotiated umt price
CONTRACT STATUS
TIMFICOMPLMON DATE "OUAT
Original Contract: November 1. 1996 $ 853.935.66
Change Order No. 1: November 1. 1996 X46,862.30
Change Order No. 2: November 1. 1996 $ 14.375.30
Subtotal of Previous Change Order: 1 46.862.30
This Change Order: $ 14.375.30
New Subtotal of All Change Orders: S 61 237.60
Revise Contract: $ 915 173.26
Percent Increase or Decrease for this Change Order
to Original Contract Amount: 1.70 o Increase
Percent Increase or Decrease for Total of All
Change Orders to Original Contract Amount: 7.2% Increase
3 a-
Agenda Information Memo
October 15, 1996 Eagan City Council Meeting
' ;-- I
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1 1 C/ I lells OXWEW
01A.331
ACTION TO BE CONSIDERED:
To approve activation of the City's revolving loan fund and direct selection of a loan review
committee under the terms of the RLF guidelines.
FACTS:
• The City established a revolving loan fund as a condition of receiving a grant from the
Minnesota Department of Trade and Economic Development to assist in the retention of Lull
Industries in Eagan. In August, Lull prepaid the principal and interest to date for their loan
resulting in a $111,000 balance available for qualified RLF loans.
• The Economic Development Commission reviewed the RLF guidelines prepared for the
DTED grant application in anticipation of this fund being made available to Eagan businesses.
The commission identified several modifications, primarily in the area of criteria for use,
specifically, recommending that RLF loan interest rates be based on the prime rate at any
given time. The commission is recommending adoption of the revised guidelines as a part
of the Council's activation of the revolving loan fund and further recommends the selection
of a loan review committee consisting of five members including one active EDC member,
one prior EDC member, one member recommended by the Chamber of Commerce (possibly
a banker) and two other individuals or business people from the community to provide
recommendations to the Economic Development Commission and City Council regarding loan
applications. Upon Council activation of the fund, interested parties will be solicited for the
loan review committee. Actual appointments will be returned for Council consideration.
ATTACHMENTS:
• Revised RLF guidelines on pages through
33
REVOLVING LOAN FUND GUIDELINES
CITY OF EAGAN
I. BACKGROUND
Revolving loan funds (RLFs) have become an increasingly popular business financing
tool because of their ability to leverage public and private dollars and recycle funds as
well as their flexible design and simply operation. RLFs provide firms with direct loans,
loan guarantees and other financial assistance. As the RLF receives the principal and
interest from outstanding loans, the money is made available to another borrower. This
recycling of funds makes RLFs particularly valuable in light of the growing scarcity of
development funds.
RLFs are designed to alleviate the high cost and short supply of capital for urban
businesses by providing flexible loan terms. Typically, RLFs lower the rate, lengthen the
term, or reduce the risk of a loan. By increasing accessibility to capital, RLFs help firms
expand, develop or remain in urban areas. By providing critical subordinate financing for
a loan package instead of 100% direct financing, RLFs are an effective tool for
leveraging. RLF loans are typically combined with other public or private dollars.
H. OPERATING BASIS
The following are key factors in operating a successful RLF:
Minimizing political influences on the loan selection process as much as possible.
2. Simplify the RLF loan terms and conditions as well as the approval process so that
they do not seem complicated, time consuming or cumbersome to the applicants.
3. Design loan terms and conditions that allow the City to assume greater risks than
those private lending institutions are willing to take, but do not make them so risky
that the City assumes bad debts.
4. Allow for flexibility in establishing loan terms and conditions to tailor loans to the
needs of individual firms.
5. Establish clear goals and objectives for the RLF.
6. Establish and maintain a good working relationship with local private financial
institutions.
7. Structure the RLF loan committee and other advisory bodies to include
representatives and officials interested in the RLF.
8. Operate the RLF in a businesslike and professional manner.
9. Eliminate or reduce federal requirements with which clients must comply.
:3�
The following are types of financial assistance that can be given to encourage economic
development:
1. Make companion or second loans which can reduce the overall project interest rate;
2. Give direct loans at favorable interest rates and terms;
3. Guarantee loans made by private lenders;
4. Provide the required loan injection for SBA 503 loans;
5. Arrange interest subsidies together with private lenders;
6. Provide for principal reductions together with private lenders;
7. Provide collateral for private financing.
l 1 _I s _ .-
1. Industrial zoned districts.
2. Other Commercial zoned districts.
3. Other business districts (PVDs, Cedarvale, etc.)
Kliael-43 la#13 0:11,3183 24 814
1. Existing business exuansion. Defined as Industrial/Commercial related expansion
and costs related thereto including land and building acquisition and construction,
remodeling, equipment acquisition, and public facilities improvements.
2. Business eguivment acquisition. Defined as the purchase of additional depreciable
assets for the purpose of expanding Industrial/Commercial activities.
3. Development of new business. Defined as the establishment of new, non-
competitive Industrial/Commercial business in all phases including land and
business acquisition and construction, remodeling, and equipment acquisition.
�SS
V. CRITERIA FOR THE USE OF RLF PROCEEDS
I. Applicants equity participation must equal at least 5% of the total fixed -asset costs
of the project.
2. Loans may be in a junior collateral position to the major source of project financing
unless RLF proceeds are the primary source of funds.
3. Terms of the loan should coincide with the term of the private portion of the loan,
but may be shorter or longer depending on the circumstances.
4. The interest rate of the direct RLF loan should be approximately four to five points
below the prime rate.
5. The applicant must meet the underwriting criteria of the private financial institution
participating in the project.
6. The job/RLF assistance ratio for each project should be approximately $5,000 per
job.
7. Eligible costs include land and building acquisition and construction, remodeling,
equipment acquisition, and public facilities improvements. Assets pledged as
collateral must be approved by both the City and the participating private financial
institutions.
8. RLF proceeds cannot be used to transfer ownership through acquisition of fixed
assets unless the transfer results in a physical remodeling or expansion project
approved by the City.
9. The minimum leverage ratio should be 2:1 private debt to RLF debt.
10. If the RLF proceeds are in the form of a principal reduction or interest write-doNNm,
100% of the proceeds need to be repaid. The maximum subsidy payment period
will be three (3)•years. An additional two (2) years of repayment deferral may be
given. Interest will be charged at a minimum rate of 3% on the two-year deferral
period. There will be no accrued interest on the principal for the subsidy payment
period. If repayment is deferred, the rate would not be less than 4%.
11. The maximum RLF money in each project will be $25,000.
1. Applicant must provide current records in a form acceptable to the City.
2. Applicant must provide valid bids for the work or equipment proposed.
3. The City must have available to it projections or pro -forma to support
repaymentability.
edc\revolvin.loa - 10/96 3 / —
Agenda Information Memo
October 15, 1996 Eagan City Council Meeting
ACTION TO BE CONSIDERED:
To approve a Final Subdivision for the Fiala Addition located east of Pilot Knob Road and
north of Deerwood Drive.
FACTS:
Final plans have been reviewed and are in order and if the development contract is executed
and the financial guarantee is in order, it would be appropriate to approve the Final
Subdivision.
BACKGROUND/ATTACHMENTS: (1)
Final plat map, page.
37
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Eagan City Council
October 15, 1996 Meeting
Consent Agenda
R.-ChangeOrder #30 Blackhawk Park Pavilion
FOR COUNCIL ACTION
To approve Change Order #3 in the amount of $7,420.32 for Contract 96-09,
Blackhawk Park Pavilion.
BACKGROUND
This change order covers six items associated with the detailing and completion of the
Blackhawk'Park Pavilion.
1. Re-route outside air intake around overhead door motors $ 625.76
The door motors were mounted higher on the walls to
avoid possible exposure and injury to the public during
operation. Re-routing of air intake was required because
of insufficient space.
2. Add overhead door control connections
Keyed controls were added to each of the four overhead
doors to insure no tampering with the door controls and
an inadvertent operation of the doors.
3. /add miscellaneous carpentry
The overhead door motors were boxed out and
additional trim board added. Cover panels to the
doors when in the "up" position.
4. Site restoration - sod in lieu of seeding
That portion of the site immediately adjacent was
sodded rather than seeded in order to prepare the
building for immediate use. The area to the south
remained in seed.
S. Revise bench end detail
End caps were added to each of die benches. This
detail was added to strengthen and protect the
boards.
$1,333.55
$ 500.00
$4,277.66
$ 300.00
6. Stain, remobilization and oaintinr' for electrical conduit $ 383.35
(Video motoring) and motor boxes.
The paint contractor supplied additional stain and
lumber for conduit added for the video monitoring and
for motor controls/boxes.
2 TOTAL: $7,420.32
Agenda Information Memo
October 15, 1996
S. WINTER TRAIL MAINTENANCE PROGRAM/POLICIES
ACTION FOR COUNCIL CONSIDERATION: To adopt a limited winter trail maintenance
program and approve the related policies.
FACTS:
• The City has received several requests for public sidewalks and trails to be maintained on a
year -around basis. While approximately 68% of respondents in a recently completed
community -wide survey indicated the desire for year -around maintenance, only 47% were
supportive of such a program if it resulted in increased property taxes.
• At a Council workshop held on August 26, 1996, the City Council approved the 1997 Budget
whereby $30,000 was allocated to perform a limited winter trail maintenance program and
directed staff to implement it for only those sidewalks and trails that would accommodate
walkers to the City's elementary schools based on the school district's busing policy.
• At a workshop held on October 15, the City Council reviewed the approximately 6 miles of
sidewalks and trails that would be included in this experimental program along with proposed
policies for initiating this new public service program.
• This limited winter trail maintenance program and related policies are being presented to the
Council for formal adoption.
ATTACHMENTS:
Program and policy, pages and (4 "1--
14?
CITY COUNCIL POLICY
SUBJECT: Sidewalk/Trailway Winter Maintenance Program & Policy
DATE ADOPTED: October 15,1996
Basis
As the City of Eagan has continued to grow, there have been increasing requests made for the City
to provide the public service of a basic winter trail and sidewalk maintenance program. Up until this
time, the City has considered its sidewalks and trails primarily a recreational use limited to 3 seasons:
Spring, Summer, and Fall. Due to lack of manpower, specialty equipment and funds, the Council
has determined that the City should implement a limited, experimental Winter Maintenance Program
for the 1996-97 season. This program has designated specific sidewalks and trails which are
necessary to provide walking access to local schools in coordination with the school districts'
transportation and maintenance policies. (Approximately 5 miles)
Purpose
The City of Eagan has developed the following policy in order to respond in an orderly, consistent,
and fiscally responsible manner to the community's request for a basic Winter Trail Maintenance
Program with limited funds. After evaluating the extent of sidewalks and trails that exist within the
community as of 1996 (approximately 92 miles) and the cost associated with acquiring the specialty
type equipment and additional human resources necessary to provide a reasonable level of service
expected by the public, the City Council has determined that the sidewalks and trails within and along
corridors designated for walkers to the City's elementary schools should have priority.
Approximately $30,000 is budgeted for 1997 to retain the contractual services necessary to maintain
these sidewalks and trails.
Specific operational policies have been developed as a tool to implement the winter trail and sidewalk
maintenance program on a uniform basis allowing the Council to evaluate the effectiveness and
acceptance of this program as necessary to determine the appropriateness of discontinuing,
maintaining or expanding this initial program.
Operational Policies
1. Sidewalk and trailway plowing will be performed only after a minimum of 2" of snow has
accumulated resulting from a snowfall event. Accumulations resulting from drifting and/or
depositions resulting from public street snow removal operations will be performed as determined
necessary by the City. Snow removal operations will begin within 24 hours after the cessation
of the last (in case of multiple back-to-back storms) snowfall event and/or when deemed
necessary by the City in coordination with public street snow removal operations. All plowing
will be completed within 24 hours after beginning the operations.
2. Snow removal operations will be performed with equipment and operators obtained through a
contractual service agreement with a private contractor.
q�
Sidewalk/Trailway Winter Maintenance Policy
Page 2
3. The level of service is limited to what can be provided by mechanical equipment. Due to
mechanical limitations of equipment and trail irregularities, pathways will not be cleared or
maintained to a dry pavement level. No hand work will be performed by City or contractual
personnel. Surface irregularities and slippery conditions may result. No sanding or salting will
be performed by the City or contractor.
4. It is to be expected that snow can be plowed, blown, swept or dumped on public right-of-way and
easements on either side of the sidewalk/trail for best efficiency of operation.
5. Attempts will be made not to deposit excessive snow in driveways and/or private sidewalks if it
is operationally or mechanically controllable. However, any snow deposits that may result will
be the responsibility of the adjacent property owner and/or occupant.
6. The City will not be responsible for sand, salt or plow damage to turf or driveways, nor irrigation
systems or any landscaping improvements located within public rights-of-way or easements. Any
related repair will be the responsibility of the adjacent property owners and/or occupant.
7. In order to perform pathway snow removal operations, pathways must remain free of any
obstructions (i.e., vehicles, refuse and recycling containers, play equipment, private snow removal
equipment, etc.) until the pathway snow clearing operation has been completed. If obstructions
are encountered, the City's operation will skip the affected property frontage and the subsequent
removal will be the responsibility of the adjacent property owner and/or occupant.
TAC'965SDWALLPOLI1
Ha-
Agenda Information Memo
October 15, 1996
T. ALDRIN DR RIGHT-OF-WAY VACATION
ACTION FOR COUNCIL CONSIDERATION: To deny the requested vacation of Aldrin Drive
located within the Eagandale Center Industrial Park #4.
FACTS:
• On August 6, the City Council received a petition requesting the vacation of a portion of
Aldrin Drive to comply with the condition placed on the preliminary plat approval of the
Eagandale Corporate Center Addition.
• At the scheduled public hearing of September 3, the final plat was not in order for favorable
Council action. Subsequently, the public hearing was continued to September 17.
• At the September 17 public hearing, with all notices having been published in the legal
newspaper and sent to all potentially affected property owners and utility companies, there
were no comments or concerns raised regarding the proposed vacation of this public right-of-
way.
• During the consideration of preliminary plat approval for the subdivision, the Dakota County
Plat Commission recommended that Aldrin Drive not be vacated and that it be developed as
originally proposed to accommodate internal traffic for the Industrial Park minimizing the
impact on the adjacent County roads.
• After reviewing the justification in the petitioner's original request, the County's concerns and
the developer's desire to slightly modify the configuration of the Eagandale Corporate Center
Addition, it has been mutually agreed that Aldrin Drive should be constructed from Mike
Collins Drive to Neil Armstrong Boulevard.
• The final plat documents have been revised to reflect this favorable modification.
ATTACHMENTS:
• Location map, page.
• Legal description and graphic of vacation, page.
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Agenda Information Memo
October 15, 1996
U. CONTRACT 96-01 EAGANDALE CORPORATE CTR
ACTION FOR COUNCIL CONSIDERATION: To award Contract 96-01 (Eagandale Corporate
Center - Streets & Utilities) to the low bidder, Erickson Construction Company, Inc., in the amount
of $907,724.56 and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
On September 12, 1996, formal bids were received for the installation of public streets and
utilities within the Eagandale Corporate Center Addition. These bids were presented to the
City Council at their meeting of September 17 in anticipation of contract award subject to the
final plat approval of the related plat, Eagandale Corporate Center Addition.
Due to the fact that the final plat was not approved, the award of the contract was continued
indefinitely to be considered concurrently with final plat approval.
With the final plat approval for the Eagandale Corporate Center Addition scheduled on this
same Consent Agenda, it would be appropriate for the City Council to now consider awarding
the contract to the lowest responsible bidder.
ATTACHMENTS:
Bid tabulation, pag�7—.
Mti^
s
_city of eagan
EAGANDALE CORPORATE CENTER STS & UTILITIES
CITY PROJECT NO 68SR
CITY CONTRACT NO 96-01
Bid Date: September 12,1996
Bid Time: 10:30 a.m.
Contractor Total Base Bid
Erickson Construction
$ 907,724.56
Richard Knutson
$ 945,110.56
Northdale Construction
$ 961.856.81
Ryan Contracting
$ 977,433.45
SM Hentges & Sons
$ 999,296.50
Danner, Inc.
$ 999,541.30
Arcon Construction
$1,009,225.15
SR Weidema
$1,016,574.14
Brown & Cris
$1,046,693.20
Kober Excavating
$1,055,569.56
SJ Louis Construction
$1,057,500.10
GL Contracting
$1,067.505.86
Barbarossa & Sons
$1,083,725.00
Widmer, Inc.
$1,092,592.45
FEASIBILITY REPORT ESTIMATE $1,334,000.00
% Over (+) Under (-) Feasibility Report -31.9%
ENGINEER'S ESTIMATE $1,241,427.00
% Over (+) Under (-) Engineer's Estimate -26.9%
41
Agenda Information Memo
October 15,1996 Eagan City Council Meeting
V. FINAL PLANNED DEVELOPMENT SIGNAL BANK
ACTION TO BE CONSIDERED:
To approve the Final Planned Development for Signal Bank located south of Yankee Doodle Road
and east of Denmark Avenue on Lot 1, Block 1, Town Centre 100 Second Addition..
FACTS:
The Signal Bank site is located within the Eagan Heights Commercial Park Planned
Development which was approved in July 1982. With the bank entering its final phase of
development, the Final Planned Development and the Final Planned Development Agreement
must be approved by the City Council.
BACKGROUND/ATTACIIMENTS (1)
Site plan, page.
M A
Agenda Information Memo
October 15, 1996 Eagan City Council Meeting
ACTION TO BE CONSIDERED:
To approve a Final Subdivision for the Eagandale Corporate Center located east of
Lexington Avenue and north of Yankee Doodle Road.
FACTS:
• Final plans have been reviewed and are in order and if the development contract is executed
and the financial guarantee is in order, it would be appropriate to approve the Final
Subdivision.
BACKGROUND/ATTACHMENTS: (1)
Final plat map, pages S � through,5Z
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Agenda Information Memo
October 15, 1996 Eagan City Council Meeting
ACTION TO BE CONSIDERED:
To extend the property exchange agreement between the City of Eagan and Gopher Resources
to November 1, 1997.
FACTS:
As a part of the process to acquire the Borchert Ingersoll tax forfeit parcel and exchange a
portion of that property with Gopher Resources, the City and Gopher entered into a land
exchange agreement which is to expire on November 1, 1996. The soil contamination issues
associated with the property are extending the period of time necessary to complete this process
prior to the expiration of the agreement. To maintain the opportunity to exchange the property
under the current terms, Gopher Resources is requesting a one year extension. Both parties hope
that the issue can be resolved sooner than that.
ATTACHMENTS:
• Gopher Resource letter on page
s�
COPBEN RESUVBCE
October 9, 1996
Mayor and City Council
City of Eagan
3830 Pilot Knob Road
PO Box 21199
Eagan, MN 55121
Re: Land Exchange Agreement Extension
Dear Mayor and Council Members:
Gopher Resource is requesting an extension to the land exchange agreement between
the City of Eagan and Gopher Resource Corporation.
This agreement is set to expire on November 1, 1996. We are suggesting a 1 year
extension be granted, but are anticipating a much shorter exchange transaction time. If
you need any further information on this matter please do not hesitate to contact myself
or John Kuehn with Leonard, Street and Deinard at (612)335-1717.
Sincerely,
John Tapper
Gopher Resource Corporation
skm
3385 SOUTH HWY. 149 m EAGAN, MINNESOTA 55121
5
612454.'.310
FAX 612.454 7926 0 800 354.7451
Agenda Information Memo
October 15, 1996
Y. CONTRACT FOR STDEWALKi TRAIL SNOW REMOVAL
ACTION FOR COUNCIL CONSIDERATION: To approve the contract for sidewalk/trail snow
removal services for the 1996/97 season with the low bidder and authorize the Mayor and City
Council to execute all related documents.
FACTS:
With the approval of the limited sidewalk/trail snow removal program to be performed for the
1996/97 winter season, it is necessary to retain contractual services to perform this program.
Contract documents were prepared, and the City received at least two quotations for these
services and is recommending the City enter into a contract with the lowest quote, Kieger
Enterprise, Inc. This contract provides for annual renewal subject to mutual agreement.
ATTACHMENTS:
Bid/quotation summary, page J
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Agenda Infor
October 15, 1
PUBLIC HEARINGS
A. PROJECT 655, NORTHRIDGE DR - FINAL ASSMT HEARING
ACTION FOR COUNCIL CONSIDERATION: To close the public hearing and approve the
final assessment roll for Project 655 (Northridge Drive - Streets & Utilities) and authorize its
certification to Dakota County.
FACTS:
• Project 655 provided for the installation of public streets and utilities along Northridge Drive
under City Contract 95-13 (Utilities) and 96-05 (MSA Street).
• On September 17, the final assessment roll was presented to the City Council and a public
hearing was scheduled for October 15.
• All notices have been published in the legal newspaper and sent to all potentially affected
property owners informing them of this public hearing.
The cost associated with this project is the responsibility of the developer under the terms and
conditions of the development contract agreement entered into for the Gardenwood Ponds
Addition.
nent summary sheet, page � .
FINAL ASSESSMENT HEARING
PROJECT NUMBER: 655 ASSESSMENT HEARING DATE: October 15, 1996
SUBDIVISION/AREA: Gardenwood Drive PUBLIC HEARING DATE: October 5, 1993 -
IMPROVEMENT INSTALLED AND/OR ASSESSED:
F.R. = Feasibility Report
SANITARY FINAL F.R
SEWER RATES RATES
Trunk
® Laterals $2.943.76/Lot Equiv. S-3.460/Lot Equiv.
0 Service
0 Let. Benefit/Trunk
STORM FINAL F.R.
SEWER RATES RATES
11 Trunk
0 Laterals $3,629.33/Lot Equiv. $3.336/Lot Equiv.
13 Lat. Benefit/Trunk
WATER STREETS
E3 Trunk 0 Gravel Base
® Laterals $2,224.70/Lot Equiv. $2,805/Lot Equiv. 0 Surfacing
0 Service ® Res. Equivalent '$4,349.25/Lot Equiv_. 4 650/Lot Equiv,
WAC Multi Equivalent
0 Lat. Benefit/Trunk C/I Equivalent
® Trail NA $970/Lot Equiv.
SERVICES
0 Water & San. Sewer 1 164.06/Lot Equiv. $1.356 Lot Equiv.
CONTRACT #OF
NO PARCELS
95-13 & 96-05 38
STREET LIGHTS
0 Installation 272.66/L t E uiv. S352/Lot Eguiv.
0 Energy Charge
INTEREST
TERMS RATE
5 Years _ 7%
AMOUNT
CITY
ASSESSED
FINANCED
(1)$727,850.00 F.R.
$215,93Q.00 F.F-
(1)1627,101.68 -
X178,126.40 --
COMMENTS:
(1) Decrease is the result of favorable bids compared to feasibility @nd not assessing the cost differential between a bituminous trail and
a concrete sidrw�lk The bittuninous trail was installed which �s a Circ obligation. __ _ _ __. ._
Agenda Information Memo
October 15, 1996
B. PROJECT 691, CLEMSON DR - FINAL ASSMT HEARING
ACTION FOR COUNCIL CONSIDERATION: To approve the final assessment roll for Project
691 (Clemson Drive - Streets & Utilities) and authorize its certification to Dakota County.
FACTS:
Project 691 provided for the installation of public streets and utilities within Clemson Drive
under Contract 95-14.
On September 3, the City Council received the final assessment roll and scheduled a public
hearing to be held on October 1 which was subsequently rescheduled to October 15.
All notices have been published in the legal newspaper and sent to all potentially affected
property owners informing them of this public hearing. In addition, staff has met with the
affected property owners and addressed their questions and concerns. One objection was
received. The majority of the costs associated with this public improvement will be the
responsibility of the Dakota County HRA as specified in the development contract agreement
for the Oak Ridge Addition.
ATTACHMENTS:
The final assessment summary, page_.
HRA letter, page.
517
Version No. 2
FINAL ASSESSMENT HEARING
PROJECT NUMBER: 691 ASSESSMENT HEARING DATE: October 15, 1996
SUBDIVISION/AREA: Clemson Drive PUBLIC HEARING DATE: September 20 1995
IMPROVEMENT INSTALLED AND/OR ASSESSED:
F.R. = Feasibility Report
SANITARY FINAL F.R. STORM FINAL F.R.
SEWER RATES RATES SEWER RATES RATES
Trunk
Trunk
El Laterals
® Laterals $36.221.33 L.S. $42.200 L.S.
® Service19 217.42 L.S. $41.900 L.S. _
El Lat. Benefit/Trunk
El Lat. Benefit/Trunk
j
WATER
STREETS
❑ Trunk
� Gravel Base
® Laterals $ 23.72/f.f. $26.67/f.f.
® Oversizing —1,_16.1 I /f.f. NA
El Service
® Res. Equiv. $65.01/ff $63.46/f.f.
El Lat. Bencfit/Trunk
0 Multi Equiv.
13 WAC
C/I Equiv.
Trail
SERVICES
11 Water & San. Sewer
STREET LIGHTS
® Installation $4.51 /f f. $4.93/f.f
Energy Charge
CONTRACT # OF INTEREST
NO. PARCELS TERMS RATE
95-14 3 5 Year 7%
COMMENTS:
ASSESSMENTS2/95.691 CLEMS.FA1 t
&I I
AMOUNT
,PGJ V,JLV 1-.1\.
$ 246.857.82
CITY
FINANCED
$21,000.00 F.R.
$13,934.19 ___
DAKOTA COUNTY
September 27, 1996
Thomas Hedges
City Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122-1897
Re: Clemson Drive Assessments
Dear Tom:
&-A-0-1 rlt4r
Housing & Redevelopment Authority 612.423.48000
2496.145rh ti;. W. - R ,, nwunr, NIN 55065 - T,D.D, 612-423-8182 - FAX 612-4,11.8180
On behalf of the HRA I would like to thank you for your decision on this issue. I know this was
a complicated question and we appreciate your sense of fairness. This decision will insure that
the HRA will have the funding necessary to complete this development in a way that fully meets
the city's standards for landscaping and aesthetic quality.
We believe that the Oak Ridge Townhome development will be among the finest affordable
rental housing constructed anywhere in Minnesota. It is the goal of the HRA to maintain this
development to a high standard. First Bank System CDC, our corporate partner on this
development, is planning to use this development in a variety of promotional materials. In fact
they like it so much that they have agreed to buy our limited partnership for a similar project in
Hastings.
Presently the Oak Ridge Townhome development is almost completely finished and is 100%
leased. The HRA received over 400 applications for the development in a two week period.
Overwhelmingly the residents of Oak Ridge are modest income families with employment in the
service and/or retail sector. The rents charged by the HRA are $435 for a two-bedroom and $485
for a three-bedroom. These rents are several hundred dollars less than the median rents in the
Eagan market area.
An open house for Oak Ridge will be held on October 17 from 3:30 to 5:00 P.M. We hope you
can attend. If there is anyone you would like to see invited, please let us know. Also if there is
any additional information you would like, please let me know.
Sincerely yours,
Mark S. Ulfers
Executive Director
"AN EQUAL OPPORTUNITY EMPLOYER"
G,7 f
Agenda Information Memo
October 15, 1996
C. PROJECT 686, WOODGATE LANE - FINAL ASSMT HEARING
ACTION FOR COUNCIL CONSIDERATION: To approve the final assessment roll for Project
686 (Woodgate Lane - Street Reconstruction & Utility Services) and authorize its certification to
Dakota County.
FACTS:
Project 686 provided for the street reconstruction and utility services within Woodgate Lane
under Contract 95-10.
On September 17, the City Council received the final assessment roll and scheduled a public
hearing to be held on October 15.
All notices have been published in the legal newspaper and sent to all potentially affected
property owners informing them of this public hearing. In addition, City staff hosted an
informational neighborhood meeting to review the final costs with interested/affected property
owners on September 30, 1996 at 8:00 p,m. A summary of the minutes of that meeting is
provided herein.
ATTACHMENTS:
The final assessmen summary, agP-?
e�
Minutes, pages and
Letter of objection, page
(-P
FINAL ASSESSMENT HEARING
PROJECT NUMBER: 686 ASSESSMENT HEARING DATE: October 15. 1996
SUBDIVISION/AREA: Mallard Park 3rd PUBLIC HEARING DATE: Juh 18.1995
IMPROVEMENT INSTALLED AND/OR ASSESSED:
F.R. = Feasibility Report
SANITARY FINAL F.R. STORM FINAL F.R.
SEWER RATES RATES SEWER RATES RATES
❑ Trunk I ❑ Trunk
❑ Laterals
❑ Service
❑ Lat. Benefit/Trunk
WATER
❑ Trunk
❑ Laterals
❑ Service
❑ WAC
❑ Lat. Benefit/Trunk
SERVICES
® Water & San. Sewer $15.382.40 L.S. $56,000 L.S.
❑ Laterals
❑ Lat. Benefit/Trunk
STREETS
❑ Gravel Base
® Surfacing
❑ Res. Equivalent
$2.548.61/Lot _$2.688.88/Lot
❑ Multi Equivalent
❑ CA Equivalent
❑ Trail
STREET LIGHTS
❑ Installation
❑ Energy Charge
CONTRACT # OF INTEREST AMOUNT CITY
NO PARCELS TERMS RATE ASSESSED FINANCED
(1)$238,843.84 F.R (2)$150,431.41F.R
95-10 121 15 Years 7% (1)1188.688.32 (2)$142T 275.18
COMMENTS:
-0) Decrease is the result of favorable bids compared to the feasibility report for the assessable items.
2 There were unfavorable bids received on the storm sewer items and utility reconstruction was added.
ASS=MENiSV"FAHFORM.MWCB & 3
1326 Energy Pork Drive
a Poul, MN 55108
612.644-4389
MEETING MINUTES
MALLARD PARK 3RD ADDITION
FINAL ASSESSMENT INFORMATIONAL MEETING
SEPTEMBER 30, 1996
FILE: 112-035-30
MEETING SUMMARY:
1-800-888-2923
Fox. 612.644-9446 An informational meeting was held in the Eagan City Council Chambers at 8:00 p.m. on
Monday, September 30, 1996. The purpose of this meeting was to discuss the street and
reconstruction improvements completed in the Mallard Park 3rd Addition as City Project
686. Discussion included project financing and proposed assessments.
In attendance representing the City of Eagan was Mike Foertsch, Assistant City Engineer.
From MSA were Steve Gatlin, Project Manager, and Steve Bulle, Project Inspector. The
attached sign-up sheet lists property owners who attended.
■ The first question was raised by a resident requesting more information regarding
the overall public improvement process and dates for mailings. The Chapter 429
public improvement hearing process was explained by Mike Foertsch and Steve
Gatlin, including the improvement and assessment hearings, and the legal
requirements for notification for both. In addition, it was noted that the City held
informational meetings prior to the improvement hearing and this meeting prior
OFFICES IN: to the assessment hearing to discuss the scope of the project and project financing.
MINNEAPOLIS Property owners requested copies of notices for all of those meetings. Dates were
mentioned and copies were provided after the meeting as requested.
PRIOR LAKE
Si. PAUL
WASECA
1121035-0207.oc[ An Equal Opp o IL,
ity Employer Page 1
Following is a list of issues and comments offered at the meeting:
CMI ENGINEERING
■ Mike Foertsch presented a summary of the project financing, based on a handout
ENVIRONMENTAL
ENVIONM
which he distributed. Discussion included an analysis of project costs for the
MJNIFAI
various improvement components, including street reconstruction, new sewer and
PLANNING
water services, trunk storm sewer, storm sewer repairs, and utility repairs. The
SOLDW'A57E
overall street reconstruction portion of the improvement was discussed, including
STRKtURAI
financing and application of the City's assessment policy. The proposed
SURVEYING
assessment rate was $2,548.61 per lot. Mike then discussed how this assessment
IRAFF'C
was allocated in the Mallard Park 4th Addition, based on the request form the
TRANSPORTATION
Developer. Also, nine sets of utility services were installed to new lots in Mallard
E,Ec RLAI/MECHAN:CA'.
Park 4th. Costs for these were assessed based on the Developer's request.
ENGNEERING.
Finally, Mike presented information regarding the project financing, including the
H.VA',
overall improvement cost, the amount proposed to be assessed, the amount
POWERDISTRIBU'ION
to be financed by the City, and discussion of the City's sources for
SCADA
proposed
funding its share. Also, the assessment term and method of payment were
SYSTEM CONTROLS
discussed.
■ The first question was raised by a resident requesting more information regarding
the overall public improvement process and dates for mailings. The Chapter 429
public improvement hearing process was explained by Mike Foertsch and Steve
Gatlin, including the improvement and assessment hearings, and the legal
requirements for notification for both. In addition, it was noted that the City held
informational meetings prior to the improvement hearing and this meeting prior
OFFICES IN: to the assessment hearing to discuss the scope of the project and project financing.
MINNEAPOLIS Property owners requested copies of notices for all of those meetings. Dates were
mentioned and copies were provided after the meeting as requested.
PRIOR LAKE
Si. PAUL
WASECA
1121035-0207.oc[ An Equal Opp o IL,
ity Employer Page 1
■ The next question related to the assessment amount and how it was calculated.
Mike Foertsch went through a detailed explanation of the City's assessment policy
and the manner in which the assessments are calculated. A resident raised an
objection to the assessment amount and suggested that the proposed assessment of
approximately $2,547 did not increase the market value of his property by that
amount. Mike then explained the appeal process and the manner in which the
issue can be resolved.
■ A resident asked about the City's maintenance procedures on the streets and why
it was necessary to completely rebuild streets in the Mallard Park 3rd Addition.
A detailed explanation of the City of Eagan Pavement Management Program was
provided, including discussion of maintenance procedures. A question was raised
by a resident as to why the street was seal coated one to two years before
construction. Mike Foertsch indicated that he would research City records and
provide an answer to this question.
■ A resident raised a concern regarding the scope of the storm sewer repairs and
wanted to discuss in greater detail what was done and what additional work
needed to be done. It appears that the inlet into the pond between two residences
which was not part of this project needs further maintenance work. Mike
Foertsch indicated that this issue would be referred to the City's maintenance staff
and the existing storm sewer inlet into the pond would be cleaned and maintained.
If structural repairs were necessary, these would also be completed.
■ A concern was raised regarding the longevity of the street and why it was
necessary to reconstruct the street at this time. Mike will research the
construction records and provide information to property owners regarding the
date of the original construction and a complete maintenance history of the streets
in the Mallard Park 3rd Addition, including dates for any seal coating. It was
noted by Steve Gatlin that the normal life expectancy of a street is approximately
20 years and, as is normal with aging and wear and tear, streets do need
reconstruction at some point.
■ Further discussion took place regarding the assessment appeal process. Mike
Foertsch and Steve Gatlin explained the formal appeal process and the steps
necessary. Two property owners indicated that they would be filing written
objections to the assessment and may consider an appeal.
In summary, concerns expressed by property owners at the assessment informational
meeting for Project 686 Street Reconstruction, Mallard Park 3rd Addition, included the
following:
■ Street maintenance history and need for original project.
■ Assessment amount versus benefit.
112/035-0207.occ Page 2
Process of appeal of assessment.
Overall public improvement process and desire to provide more public input and
discussion.
Where possible, staff and consultant will attempt to provide further information to
property owners prior to the October 15th assessment hearing.
Following final discussion, the meeting was adjourned at 9:30 p.m. The minutes of the
meeting will be included in the City Council agenda packet.
SDG:tw
112iO3M207.Qct � Page 3
:. PROPERTY OWNERS ATTENDING INFORMATIONAL MEETING
33 32 31 30 29 22 21 OUTLOT A
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ASSESSMENT LEGEND
STREET RECONSTRUCTION
= S 2,548.61 / LOT EQUIVALENT
STREET RECONSTRUCTION & SERVICE PARS
9/16/96 X - $ 762.13/ LOT EQUIVALENT
OODGATE LANE
On OF EACM
PROJECT 686
INFORMATIONAL MEETING
PROJECT 686
MALLARD PARK 3RD ADDITION (FINAL ASSESSMENTS)
MONDAY, 8:00 P.M., SEPTEMBER 30, 1996
NAME
1. C&7PX S
2. R47AI Cd"PBEc[
3.
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7.
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October 7, 1996
E.J. Van Overbeke
City Clerk
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
P 0- o S 6.8 6
RE: Pending Special Assessment to Mallard Park Third and Fourth Addition
Dear Mr. Van Overbeke,
This letter is to serve as formal written objection to the pending special assessment
x/2761 ( Project #10P686 ) for street reconstruction in the Mallard Park Third and
Fourth Additions. Approval and adoption of this special assessment is schedule during
the October 15, 1996 City Council meeting. This objection is primarily based upon,
but is not limited to, our claim that the street reconstruction has not increased the fair
market value of our property. Without an increase in the fair market value, there is no
basis for special assessment of our property.
This appeal is filed in response to the Notice of Special Assessment dated
September 19, 1996 and is intended to satisfy the objection filing requirements outline
in that notice in order to keep our appeal rights in effect for the maximum time period
available.
Regards,
f; 7
Joseph T. Hamand
Robin A. Hamand
4354 Wood Duck Circle
Eagan, MN 55122
D:\personal\specasse
Agenda Information Memo
October 15, 1996
D. PROJECT 681, NICOLS ROAD ST RECONSTRUCTION & STORM SEWER
ACTION FOR COUNCIL CONSIDERATION: To approve the final assessment roll for Project
681(Nicols Road - Street Reconstruction & Storm Sewer) and authorize its certification to Dakota
County.
FACTS:
Project 681 provided for the street reconstruction and storm sewer within Nicols Road under
Contract 95-07.
On September 3, the City Council received the final assessment roll and scheduled a public
hearing to be held on October 1 and subsequently rescheduled to October 15.
All notices have been published in the legal newspaper and sent to all potentially affected
property owners informing them of this public hearing. In lieu of an informational
neighborhood meeting, City staff directly contacted each of the affected property owners to
review the final assessments with them. Mr. Lester Spencer has already submitted a check
for payment in full of his final assessment amount.
ATTACHMENTS:
The final assessment summary, page "'7 11
IZ�
FINAL ASSESSMENT HEARING
PROJECT .NUMBER: 681 ASSESSMENT HEARING DATE: October IS.- 1996
SUBDIVISION/AREA: Nicols Road PUBLIC HEARING DATE: May 2 1995
IMPROVEMENT INSTALLED AND/OR ASSESSED:
F.R. = Feasibility Report
SANITARY FINAL
SEWER RATES
F.R. STORM FINAL F.R.
RATES SEWER RATES RANTES
O Trunk
11 Trunk
Laterals
O Laterals
®Service N/A
$2.000/Service 13Lat. Benefit/Trunk
13Lat. Benefit/Trunk
WATER
STREETS
Tr
Gravel Base
O Laterals
® Surfacing ___j28.08/f.f. $28.08/ff.
i
® Service N/A
I
$2.000/Service Res. Equiv.
E)Lat. Benefit/Trunk
❑ Multi Equiv.
WAC
❑ C/I Equiv.
Trail
SERVICES
STREET LIGHTS
Water & San. Sewer
Installation
j 0 Energy Charge
CONTRACT # OF INTEREST AMOUNT CITY
NO. PARCELS TERMS RATE ASSESSED FINANCED
(1) $19,548.00 F.R. (2) $248,252.00 F.R.
95-07 ]5 Year 7% (1) 54773.60 (2) $144.521.75
COIy1IvMNTS:
1 ) Feasibility assessment amounts include water and sanitary- sewer services which were not constructed and a greater frontage for the street
(2) Scone of work, related to trunk stone sewer improvement was included in the feasibility resortbut it was not constructed.
ASSESSMENTS2/95.681NICOL.FAH / I
Agenda Information Memo
October 15, 1996 Eagan City Council Meeting
E. WAIVER OF SUBDIVISION - MARK & KAREN FJELD
ACTION TO BE CONSIDERED:
To approve/deny a Waiver of Subdivision to allow a lot line shift of the common lot line between
Lot 2, Block 4, Sunrise Hills Addition and Lot 8, Block 1, Sunrise Hills 2nd Addition at 3635
Wescott Hills Drive and 895 Sunrise Court, respectively located west of the Basswood Lane/Wescott
Hills Drive intersection.
FACTS:
The Sunrise Hills Addition was platted in 1988 and Sunrise Hills 2nd Addition was platted in
1989. Both lots contain existing homes. The Fjelds have stated that they are requesting a lot
line shift via this Waiver of Subdivision to provide a more logical division of land between
their property and that owned by their neighbors at 895 Sunrise Court.
The Fjelds are not proposing any additional development associated with this request and the
transfer in land will result in both the Fjelds and the neighbors owning approximately 15,000
sq. ft. of property.
ISSUES:
Because the subject parcels are in different subdivisions, Dakota County cannot combine the
proposed property transfer and the benefitting property into one tax parcel. This will present
the opportunity for the transferred property to go tax forfeit. The City has consistently required
combining the split parcel with the benefitting parcel to avoid tax forfeiture.
The Fjelds were informed by staff that the appropriate method for achieving this property
transfer is via the subdivision process.
BACKGROUND/ATTACHMENTS: (1)
Area map, pagjs23�."�
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: October 2, 1996
APPLICANT: Karen Fjeld
PROPERTY OWNERS: Fjeld/Blotner
REQUEST: Waiver of Subdivision
LOCATION: 3635 Wescott Hills Drive
COMPREHENSIVE PLAN: D -I, Single Family
ZONING: R-1, Single Family
SUMMARY OF REQUEST
CASE #: 14-W-7-8-96
HEARING DATE: October 15, 1996
PREPARED BY: Mike Ridley
Mark and Karen Fjeld are requesting approval of a Waiver of Subdivision to allow a lot line shift
of the common lot line between Lot 2, Block 4, Sunrise Hills Addition and Lot 8, Block 1, Sunrise
Hills Second Addition at 3635 Wescott Hills Drive and 895 Sunrise Court located west of the
Basswood Lane/Wescott Hills Drive intersection in the SE 1/4 of Section 14.
AUTHORITY FOR REVIEW
City Code Section 13.40, Subd. 3 states that the Council may grant variances from the strict
application of the provisions of the Subdivision Regulations and impose conditions and safeguards
in the variances so granted where practical difficulties or particular hardships result from carrying
out the strict letter of the regulations of Chapter 13.
ISSUES
Because the subject parcels are in different subdivisions, Dakota County cannot combine the
proposed property transfer of approximately 3,200 sq. ft. (Sunrise Hills 2nd Addition) with the
benefitting property (Lot 2, Block 4, Sunrise Hills Addition) into one tax parcel. This will present
the opportunity for the transferred property to go tax forfeit. In other waiver applications, the City
has required combining the split parcel with the benefitting parcel to avoid tax forfeiture.
Based on the opinion of the City Attorney, City staff informed the applicant that a subdivision
process was necessary. Ms. Fjeld insisted on proceeding with the Waiver of Subdivision request.
73
Planning Report - Fjeld Waiver of Subdivision
October 15, 1996
Page 2
SA Keq:Z110a 171_: r�
Sunrise Hills Addition was platted in 1988 and Sunrise Hills Second Addition was platted in 1989.
EXISTING CONDITIONS
Both lots contain existing homes.
EVALUATION OF REQU ST
Both lots involved with this request are developed and the Fjelds are not proposing any additional
development associated with this request. The Fjelds (Lot 2, Block 4, Sunrise Hills Addition) have
stated that they are requesting this lot line shift because it will provide a more accurate reflection of
the natural lay of the land and a more logical division of land between their property and that owned
by the Blotners (Lot 8, Block 1, Sunrise Hills Second Addition) at 895 Sunrise Court.
The proposed waiver will shift the common lot line approximately 70' to the south along Wescott
Hills Drive and result in the conveyance of approximately 3,200 square feet from the Blotners to the
Fjelds. The transfer will result in both the Fjelds and Blotners owning approximately 15,000 sq. ft.
of property.
F,Mement - The survey drawing shows the existing drainage and utility easement being vacated and
a new easement being provided along the new property line. A second request for vacation of the
existing easement requires a separate process coordinated through the Engineering Division.
S l: MMARY/CONCLU SION
City staff is concerned because this Waiver will create three parcels with separate tax I.D.'s (two
with homes) and that the newly -created 3,200 sq. ft. parcel could easily go tax forfeit. The proper
mechanism to achieve the requested outcome is through the subdivision process.
Both lots involved with this request are developed and there is no additional development proposed
with this request. The applicant believes this lot line realignment will provide a better division
between the two lots.
ACTION TO BE CONSIDERED
To approve/deny a Waiver of Subdivision to allow a lot line shift of the common lot line between
Lot 2, Block 4, Sunrise Hills Addition and Lot 8, Block 1, Sunrise Hills Second Addition.
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Agenda Information Memo
October 16, 1996 Eagan City Council Meeting
Fry VARIANCE - ALLINA HEALTH SYSTEMS
ACTION TO BE CONSIDERED:
To approve/deny a Variance to allow a free-standing trash/recycling enclosure for the Oak Pointe
Clinic located at the southwest intersection of Yankee Doodle Road and Lexington Avenue located
on Lot 1, Block 1, Town Centre 100 Sixteenth Addition.
FACTS:
The Allina Health Clinic and Town Centre 100 Sixteenth Addition were approved by the
City Council in late 1995 and the approved site plan provided that the trash/recycling would
be handled indoors. When building plans were submitted recently, the site plan showed a
detached trash enclosure off the west side of the building. City staff informed Allina that
they would need to either store the trash/recycling indoors or in an enclosure attached to the
building.
The Allina Health Clinic is currently under construction and the approved site plan shows
the trash/recycling enclosure attached to the west side of the building. The applicant is now
proposing a Variance to allow a free-standing enclosure approximately 60' west of the
building.
Allina believes the free-standing enclosure is appropriate in this instance due mainly to the
design of the clinic and future expansion opportunities.
ISSUES:
Detached enclosures have only been allowed in a few instances throughout the City since the
late 1980s and generally related to the function of the building.
BACKGROUND/ATTACHMENTS: (1)
Site plan, pages
r7 7
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: October 10, 1996
APPLICANT: Allina Health Systems
PROPERTY OWNERS: Allina Health Systems
REQUEST: Variance
LOCATION:
COMPREHENSIVE PLAN: Central Area (CA)
ZONING: Limited Business (LB)
SUMMARY OF REQUEST
CASE #: 15-V-11-9-96
HEARING DATE: October 15, 1996
PREPARED BY: Mike Ridley
Allina Health Systems is requesting approval of a Variance to allow a detached trash enclosure as
part of their Oak Pointe Clinic which is currently under construction on Lot 1, Block 1, Town Centre
100 Sixteenth Addition located at the southwest intersection of Lexington Avenue and Yankee
Doodle Road in the NE 1/4 of Section 15.
AUTHORITY FOR REVIEW
City Code Section 13.40, Subd. 3 states:
1. If the Council shall determine that the special conditions applying to the structures or land in
question are peculiar to such property or immediately adjoining property and do not apply
generally to other land or structures in the district in which said land is located, and that the
granting of the application is necessary for the applicant.
2. That granting of the proposed variance will not be contrary to the intent of this Chapter and the
Comprehensive Guide Plan.
3. That granting of such variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable hardship or difficulty.
Planning Report - Allina Health Systems Variance
October 15, 1996
Page 2
The Allina Clinic and the Town Center 100 Sixteenth Addition were approved by Council in late -
1995. The approved site plan suggested that the trash/recycling would be handled indoors.
When building plans were submitted a few months ago, the site plan showed a detached
trash/recycling enclosure off the west side of the building. Allina was informed that they would need
to either store the trash/recycling indoors or in an enclosure attached to the building.
EXISTING CONDITIONS
The Allina Clinic is currently under construction. The approved site plan shows the trash/recycling
enclosure attached to the west side of the building. The applicant is proposing a variance to allow
a free-standing enclosure approximately 60' west of the building.
EVALUATION OF REQUEST
According to the applicant, the free-standing trash enclosure is being requested to move the
enclosure outside the proposed expansion area, to situate the enclosure next to the parking area so
a bituminous drive would not have to be extended to an attached enclosure and because there is a
great deal of glass at the northwest corner of the building and along the entire west elevation which
will be blocked by an attached trash enclosure.
SUMMARY/CONCLUSION
The proposed request will result in a free-standing trash/recycling enclosure. Detached enclosures
have only been allowed in a few instances throughout the City since the late 1980's. Allina believes
the free-standing enclosure is appropriate in this instance due mainly to the design of the clinic and
future expansion opportunities.
ACTION TO BE CONSIDERED
To approve/deny a Variance to allow a free-standing trash/recycling enclosure for the Oak Pointe
Clinic located on Lot 1, Block 1, Town Centre 100 Sixteenth Addition.
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Agenda Information Memo
October 15, 1996 Eagan City Council Meeting
OLD BUSINESS
SEASONALA. ORDINANCE AMENDMENT - TEMPORARY OUTDOOR EVENT
DOOR SALES
ACTION TO BE CONSIDERED:
To approve/deny an ordinance of the City of Eagan, Minnesota amending Eagan City Code, Chapter
11 entitled Land Use Regulations (Zoning) by amending Sections 11. 3, 11.10, Subdivision 29, and
11.20 regarding Temporary Outdoor Events and Seasonal Outdoor Sales and by adopting, by
reference, Eagan City Code, Chapter 1 and Section 11.99.
FACTS:
In response to concerns about temporary outdoor events and seasonal outdoor sales, staff
prepared a draft ordinance which was reviewed by the Planning Commission in June and by
the City Council in July. At that time, the Council continued the item to a work session for the
purposes of clarifying Council concerns.
A workshop was held on October 1 st by the City Council. Several business owners were
present and expressed their concerns about the ordinance and how it will apply to specific
events. City Councilmember Hunter made suggestions regarding the addition of language
pertaining to parking on adjacent properties. This revision has been incorporated in the
attached draft.
In addition to the change directed by the City Council at its workshop, City staff and the City
Attorney's Office have made revisions to the definition for seasonal outdoor sales to more
precisely distinguish it from the definition of outdoor storage in the Zoning Ordinance.
ISSUES:
If the revision to the Zoning Ordinance is adopted by the Council, there will not be adequate
time for Christmas tree sales lot operators to complete the required permitting process in time
for the Christmas season. Therefore, if there are no objections from the Council, the Planning
Division will handle Christmas tree sales lots administratively for one more year in the same
manner as handled in 1994 and 1995. Each tree lot operator will be informed of changes in
procedure for next year in writing after the amendment is adopted.
BACKGROUND/ATTACHMENTS: (3)
Ordinance - Temporary Outdoor Events and Seasonal Outdoor Sales, pa es _E•2thro h?/F
Draft Minutes of October 1, 1996 Special City Council Meeting, pages through .
September 25, 1996 staff memo, pagesV—&ough�.
�I
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN
CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)"
BY AMENDING SECTIONS 11.031 11.10, SUBD. 29 AND 11.20, REGARDING
TEMPORARY OUTDOOR EVENTS AND SEASONAL OUTDOOR SALES; AND BY
ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter Eleven is hereby amended by adding Section 11.03 (106)
and (107), to read as follows:
106. "Temporary Outdoor Event" - An exhibition or sale with a duration of ten (10)
continuous days or less which does not occur more than once per thirty (30) days and
more than three (3) times per year or a combination of twenty (20) days total in a
calendar year. A temporary outdoor event includes, but not be limited to: promotional
and fund raiser event; car wash; nursery stock, fresh fruit and vegetables sale, and
prepared food, clothing and crafts display or sale.
107. "Seasonal Outdoor Sales" - The outdoor storage and sale of goods within a duration
of more than ten (10) and less than ninety (90) continuous days that are accessory to
the principle use or structure.
Section 2. Eagan City Code Chapter Eleven is hereby amended by changing Section
11.03(54) to read as follows:
54. "Outdoor Storage" - To display, stock, keep, sell or trade outside a commercial or
industrial building any items of merchandise, supplies, materials, finished goods,
inventory or other movable property, trash receptacles, or motor vehicles. For purposes
of this definition and the regulation of outdoor storage, a temporar, outdoor event and
seasonal outdoor sale shall not constitute outdoor storage.
Section 3. Eagan City Code Chapter Eleven is hereby amended by changing Section 11. 10,
Subd. 29, to read as follows:
Subd. 29. Outdoor Storage, Temporary Outdoor Event and Seasonal Outdoor
Sales.
A. Restrictions. No outdoor storage shall be permitted except in the Neighborhood
Business ("NB"), General Business ("GB"), Community Shopping Center ("CSC"), Regional
Supping Center (RSC") and Limited Industrial ("I-1") Districts and upon the Council's
granting of a conditional use permit.
widin six (6) menths of its eff-eefive No seasonal outdoor sales or temporary outdoor
events shall be Rermitted except in the Public Facility "PF" Planned Development "PD"
Limited Business "LB" Neigbborhood Business (`NB"), General Business "GB"
Communi Sho in Center "CSC" Limited Industrial "L-1" Districts and in no event
shall seasonal outdoor sales be permitted except upon the Council's granting of a conditional
use pgrnut. An seasonal outdoor sales and teMpoM tempooutdoor events shall cgmply complywith this
Subdivision. All outdoor storage, temporary outdoor events and seasonal outdoor sales shall
comply with this Subdivision.
B. Conditional Use Permit Application. All applications for a conditional use
permit for outdoor storage shall include a detailed and scale site plan specifying the
dimensions, location, material and design of the storage enclosure and area.
C. Performance Standards and Non -Compliance.
1. Standards for Outdoor Storage and Seasonal Outdoor Sales.
Outdoor storage and seasonal outdoor sales permitted in accordance with Subparagraph A
shall conform to the following standards, in addition to those standards set forth in
Subdivision 4 of Section 11.40:
(a) Outdoor storage items shall be placed within an enclosure.
(b) All such enclosures shall be attached to the principal building
except in the Limited Industrial District.
(c) The enclosure shall be made of material suitable to the building
and the items to be stored.
(d) The enclosure shall not encroach into any established front
building setback area or other required setbacks.
(e) The enclosure shall not interfere with any pedestrian or vehicular
movement.
(f) The items to be stored shall not exceed the height of the
enclosure.
(g) The display area shall not take up required parking spaces or
landscaping areas.
(h) The display area shall be surfaced with concrete or an approved
equivalent to control dust and erosion. The surface shall be properly maintained to prevent
deterioration.
(i) The square footage of outdoor display areas shall be included in
the calculation of required off-street parking for the principal use of the property.
2. Standards for Seasonal Outdoor Sales & Temporary Outdoor
Event. Seasonal outdoor sales in addition to those re uirements in Sub aragra h C.1. and
temporary outdoor events shall be subect to the following standards:
a Adequate off-street parking shall be provided ensurinthat no
obstruction or interference occurs with existing traffic patterns.
(b) No portion of the sale or event shall take place within an�public
rit-of-wa . A minimum 10_ foot setback shall be maintained from all propem lines and no
portion of the use shall take place within 100 feet of any property line of any residential use or
residential zoned property.
(c) The site shall be kept in a neat and orderlymanner and the
display of items shall not cover more than 5% of the total lot as to not interfere with
pedestrian safety, vehicular movement, emergency access and existing, business activities.
(d) The sale or event„ shall have no signs in violation of the Eagan
City Code sign regulations.
(e) Tents and temporary membrane structures having an area in
excess of 200 square feet and canopies in excess of 400 square feet _shall be subject to a
building.permit.
Lfl The owner and/or operator of the sale or event shall have the
written permission of the fee owner of the .property on which_ the sale or event is located to
use the specific site.
(g) Hours of operation shall be subject to this Chapter's regulations
,governing hours_ of operation for commercial businesses.
(h) No parking shall be permitted on any adjacent parcel without the
permission of the adjacent parcel owner.
3. Non -Compliance. Failure to comply with any condition set forth in a
conditional use permit, in this Subdivision, or any other violation of the City Code provisions,
shall constitute sufficient cause for the termination of the conditional use permit by the
Council following a public hearing.
Section 4. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.20,
Subd. 7 "Public Facilities'; to read as follows:
B. Conditional Uses. Within any Public Utilities District no structure or land shall be
used for the following uses or uses deemed similar by the City except by a conditional use
permit:
3. Subject to Section 11. 10, Subd. 29, Seasonal Outdoor Sales.
*
C. Permitted Accessory Uses. Within any "Public Facilities" District, the following
uses or uses deemed similar by the Council shall be permitted accessory uses:
1. Subject to Section 11. 10, Subd. 29, Temporary Outdoor Event.
E D. Developments within a Public Facilities District shall meet the following
requirements:
* * *
Section 5. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.20,
Subd. 8(F) "Planned Development". to read as follows:
* * *
F. Permitted Accessory Uses. Within any "Planned Development" District, the
following uses or uses deemed similar by the Council shall be permitted accessory uses to any
commercial or industrial principle use:
1. Subject to Section 11. 10, Subd. 29, Temporary Outdoor Event.
Section 6. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.20,
Subd. 9 "Limited Business". to read as follows:
C. Conditional Uses. Within any "LB" District, no structure or land shall be used for
the following uses or uses deemed similar by the City Council except by conditional use
permit:
11. Subject to Section 11. 10, Subd. 29, Seasonal Outdoor Sales.
i
�J
D. Permitted Accessory Uses. Within any "LB" District, the following uses or uses
deemed similar by the Council shall be permitted accessory uses:
* * *
4. Subject to Section 11. 10, Subd. 29, Temporary Outdoor Event.
Section 7. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.20,
Subd. 10 "Neighborhood Business'; to read as follows:
C. Conditional Uses. Within any "NB" District, no structure or land shall be used for
the following uses or uses deemed similar by the Council, except through the granting of a
Conditional Use Permit:
* *
7. Subject to Section 11. 10, Subd. 29, Seasonal Outdoor Sales.
D. Permitted Accessory Uses. Within any "NB" District, the following uses or uses
deemed similar by the Council shall be Permitted Accessory Uses:
* * *
3. Subject to Section 11. 10, Subd. 29, Temporary Outdoor Event.
Section 8. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.20,
Subd. 11 "General Business'; to read as follows:
C. Conditional Uses. Within any "GB" District, no structure or land shall be used for
the following uses or uses deemed similar by the Council except through the granting of a
conditional use permit:
*
12. Subject to Section 11. 10, Subd. 29, Seasonal Outdoor Sales.
D. Accessory Uses. Within any "GB" District the following uses or uses deemed
similar by the Council shall be permitted accessory uses:
* * *
2. Subject to Section 11. 10, Subd. 29, Temporary Outdoor Event.
Section 9. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.20,
Subd. 12 "Community Shopping Center", to read as follows:
C. Conditional Uses. Within any "CSC' District, no structure or land shall be used for
the following uses, or uses deemed similar by the Council except through the granting of a
conditional use permit:
13. Subject to Section 11. 10, Subd. 29, Seasonal Outdoor Sales.
D. Permitted Accessory Uses. Within any "CSC" District, the following uses or uses
deemed similar by the Council shall be Permitted Accessory Uses:
3. Subject to Section 11. 10, Subd. 29, Temporary Outdoor Event.
Section 10. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.20,
Subd. 16 "Limited Industrial'; to read as follows:
D. Permitted Accessory Uses. Within the "I-1" District, the following uses
or uses deemed similar by the Council shall be permitted accessory
uses:
1. Subject to Section 11. 10, Subd. 29, Temporary Outdoor Event.
F. Additional Lot Requirements.
Section 11. Eagan City Code Chapter Eleven is hereby amended by adding Section 11.20,
Subd. 18(D)(3) "Research and Development", to read as follows:
D. Permitted Accessory Uses.
3. Subject to Section 11. 10, Subd. 29, Temporary Outdoor Event.
Section 12. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including "Penalty for Violation" and Section 11.99,
entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as
though repeated verbatim.
Section 13. Effective Date. This ordinance shall take effect upon its adoption and publication
according to law.
ATTEST:
By: E.J. VanOverbeke
Its: Clerk
Date Ordinance Adopted:
CITY OF EAGAN
City Council
By: Thomas A. Egan
Its: Mayor
Date Ordinance Published in the Legal Newspaper:
Date of Advisory Planning Commission Hearing:
MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
October 1, 1996
A special meeting of the Eagan City Council was held on Tuesday, October 1, 1996 at 5:00 p.m.
at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Hunter and
Masin. Also present were City Administrator Tom Hedges, Director of Public Works Tom Colbert, Senior
Planner Mike Ridley, Senior Planner Freese and City Attorney Jim Sheldon. The purpose of the meeting
was to discuss a proposed ordinance amendment to the regulation of seasonal sales.
VISITORS TO BE HEARD
Mayor Egan asked if there were any visitors to be heard. There was no one present.
SEASONAL OUTDOOR SALES
City Administrator Hedges provided a general background on seasonal sales stating that the
ordinance amendment was reviewed at a work session and at a public hearing of the Advisory Planning
Commission in mid -summer and, due to a busy Council docket, it has not been scheduled for Council
discussion until this meeting. He further stated that several local businesses were contacted that
participated in the Advisory Planning Commission work session and were asked to attend this meeting.
Mayor Egan acknowledged Al Baker representing Al Baker's Restaurant, Scott Smith representing Smitty's
and Patsy Schroeder of the Annual Arts and Crafts Fest. City Administrator Hedges stated that some 50
to 100 notices were sent out to local businesses that engage in some type of seasonal sale events notifying
them of the Advisory Planning Commission work session earlier this summer.
Senior Planner Freese reviewed the intent of the seasonal sales ordinance amendment and
provided background on the comments and input by the Planning Commission.
AI Baker appeared and expressed concern about the impact his business feels when SuperAmerica
holds their periodic Wednesday and Thursday outdoor bratthamburger promotions. He stated that trucks
have caused deterioration to the bituminous surface of his parking lot, cars have taken parking spaces and
the overall congestion has been a deterrent to his luncheon business. Mr. Baker further stated that
regulations should be in place that require SuperAmerica to regulate their own traffic. He stated to date,
he has had a real frustration in that SuperAmerica is ignoring his concerns. City Councilmember Hunter
asked how many of these promotional outdoor luncheons are held each year. Mr. Baker stated that there
have been as many as four to five per summer and they are usually held for two (2) consecutive days.
City Councilmember Wachter stated that he is in support of keeping the Code as is and enforcing the
regulations as opposed to drafting more regulations and an ordinance amendment to deal with the issue.
Mr. Baker stated that if SuperAmerica is planning to generate this type of business, they should be required
to secure a permit that satisfies any and all conditions set forth by the City.
Senior Planner Freese provided background on City Code 11. 10, Subdivision 29 in addition to the
history of how outdoor sales have been administered. She stated that outdoor storage current language
was initially prepared to address outside storage and display of materials such as, salt pellets, window
washer fluid and similar retail items. She further stated that the language also includes outdoor sale
events. Senior Planner Freese continued on, stating that currently the short-term special use events are
handled administratively, raising a question whether these events should either be regulated by a license
or conditional use permit for action by the City Council. City Councilmember Wachter again stated that he
supports enforcing the ordinance as it is today as opposed to introducing new language. Mayor Egan
agreed with City Councilmember Wachter, but stated that enforcement is a concern and cited an example
of when a lane was closed on Lexington Avenue for the Haunted Hayride without any conditions or
provisions set forth by the City. Senior Planner Freese explained that a conditional use permit or provision
in the ordinance requiring an action by the City Council and requiring conditions would allow the City to
enforce any violation; however, the downside is the amount of time a conditional use permit takes to
process. City Attorney Sheldon clarified there is no process in the City Code to handle special outdoor
sales administratively.
There was discussion by the City Council regarding whether the issue should be handled as a land
use or business licensing. City Attorney Sheldon stated there must be a City Code amendment to provide
a licensing mechanism. Mayor Egan suggested that language be drafted whereby regulations would be
made very narrow providing some administrative practice. He further stated that a policy outlining
conditions for outdoor sales could be established and if these conditions are violated, an action would be
necessary by the City Council. Senior Planner Freese explained the process and how it would work with
the proposed ordinances adding definitions and performance standards. Mayor Egan further suggested
that any retail business considering a seasonal outdoor sales must provide adequate parking and other
appropriate buffering to mitigate traffic congestion and interference with any neighboring business.
City Councilmember Hunter suggested the following language stating, "In no event, will parking be
permitted on an adjacent parcel without the permission of the adjacent parcel owner."
City Attorney Sheldon stated that whether the City decides to govern seasonal sales by land use
or license, the action should be with the owner. He further stated that the owner should be in violation of
either licensing or land use conditions, but not to create a situation where only a user receives a citation.
Scott Smith stated that he was appreciative of the City Council considering an amendment to the
ordinance and supported language presented by staff. City Councilmembers discussed the appropriate
hours of operation for seasonal outdoor sales. Mayor Egan suggested 10:00 a.m. to 10:00 p.m. as a
reasonable time period. Patsy Schroeder stated that those hours would conflict with the church service and
other events at the annual Arts & Craft show and would also violate the annual Fireworks event on July
4th.
After further discussion, Mayor Egan summarized the Council discussion by stating that the
ordinance amendment as drafted by staff will be presented at a future City Council meeting for
consideration. City Councilmember Wachter stated that if the seasonal sales ordinance amendment is
enacted, there should be official notification in the newspaper and newsletter. He further stated that those
businesses who are in violation, such as convenience stores that are selling salt pellets and other related
items outside their place of business, should be sent a notice of violation. He further stated as a courtesy,
the City should send a copy of the revised ordinance to all businesses who have held special events, if this
new ordinance revision is enacted with the amendments discussed at this meeting.
City Councilmember Masin asked if local businesses receive the City-wide newsletter on a regular
basis. Al Baker stated that the newsletter is delivered to each business.
Al Baker, Scott Smith, and Patsy Schroeder all thanked the City Council for the discussion and
further expressed their appreciation for the Council giving consideration to an ordinance amendment that
would provide the appropriate regulation for seasonal outdoor sales and special sale events.
City Administrator Hedges stated that, as directed by Mayor Egan and the City Council, this item
will be placed on a future agenda with every consideration given to the October 15 meeting.
OTHER BUSINESS
Ftp
There was no other business.
The meeting adjourned at 6:30 p.m. to the regular City Council meeting.
Date
�l
City Clerk
TLH
— city of eagan
TO: MAYOR EGAN AND CITY COUNCILMEMBERS
FROM: LISA FREESE, SENIOR PLANNER
DATE: SEPTEMBER 25, 1996
SUBJECT: TEMPORARY EVENTS
SEASONAL OUTDOOR SALES
BACKGROUND
MEMO
On July 16, 1996, the City Council considered a proposed amendment to the Zoning Code
regarding temporary outdoor events/seasonal outdoor sales. After discussing several concerns,
it was the decision of the Council to continue this item to an August work session.
As indicated in the background material provided to the Council on July 16, the City Code does not
specifically provide for temporary outdoor events, or seasonal outdoor sales. Currently, the
outdoor storage provisions of the Code serve as the mechanism for regulating outdoor sales -
activities.
SEASONAL SALES
Prior to 1994, the City issued "Special Use Permits" for temporary events, or seasonal sales. At
that time, the City Council was cautioned by -the City Attorney that Special Use Permits are really
Conditional Use Permits and the Code was, therefore, amended to specify that all Special Use
Permits require Conditional Use Permits.
By definition, seasonal outdoor sales are regulated under "Outdoor Storage" in the City Code,
however, the performance standards associated with this section of the Code do not specifically
refer to outdoor seasonal sales and in some instances, are impossible to comply with as they apply
to seasonal outdoor sales. The proposed amendment modifies
the outdoor storage performance standards to allow flexibility for seasonal outdoor sales during the
Conditional Use Permit review by the Advisory Planning Commission and City Council.
TEMPORARY OUTDOOR EVENTS
The City has never had a provision to regulate temporary outdoor events. Ongoing Code
enforcement complaints have resulted in staffs suggestion of a temporary outdoor event provision
for consideration. Temporary events range from the hot dog/brat sales promotion on existing
commercial properties to the arts and craft festivals throughout the community. Technically, none
of these short-term events are allowed for in the City Code. Staff has not actively enforced such
violations. Many of these events appear to contribute to the community positively and have not
generated much concern by residents or business owners. There have been a couple of situations
where these temporary outdoor events do occur frequently and generate so much activity that
adjacent property owners feel they are negatively impacted.
The heavy-handed approach would be to enforce the Code and not allow any of these events.
Staff is proposing a more moderate approach that would allow these events for a limited time
period (up to ten days no more than three times yearly) subject to performance standards. The
proposed Code would handle temporary outdoor events like home occupations in that they would
be a permitted use in several zoning districts.
SUMMARY
In an attempt to deal with seasonal outdoor sales and temporary outdoor events, several
alternatives were examined. The alternative presented to the Council is a straightforward approach
seeking to minimize regulatory requirements for the businesses attempting to conduct such events
while trying to maintain a balance of respect for adjacent property owners. Staff would be pleased
to work with any further clarifications, or revisions, that the City Council would like to consider. A
public hearing on this proposed amendment was held by the Advisory Planning Commission on
June 25, 1996 and presented to the City Council in July as a recommendation of the Advisory
Planning Commission.
All persons or organizations who have applied for a permit or who have contacted the City
regarding seasonal outdoor sales, or temporary outdoor events, in the past five years received
notification of the public hearing before the Advisory Planning Commission. At that meeting, Scott
Smith, owner of Smitty's, and Jill Anderson and Patsy Schraeder, co -directors of Blue Cross/Blue
Shield Arts and Craft Festival, inquired about a performance standard within the proposed
ordinance. A letter was received from Al Baker, owner of Al Bakers Restaurant, expressing
concern over the Superamerica brat fry that occurs several times a year and causes traffic
congestion affecting his business operation. All persons speaking at this meeting have been
notified of the upcoming workshop on Tuesday.
Senior Planner
LF/js
Attachments (3)
July 16, 1996 City Council minutes
Draft Ordinance
June 25, 1996 APC minutes
seasonal.sal
173
Page 6
June 25. 1996
ADVISORY PLANNING COMNUSSION
ORDINANCE AMENDMENT - CITY OF EAGAN
Vice Chair Heyl opened the next public hearing of the evening regarding an
Ordinance Amendment to Chapter 11 entitled "Land Use Regulations (Zoning)" to
provide for a Temporary Outdoor Event/Seasonal Outdoor Sales.
Associate Planner Dorgan introduced this item. Mr. Dorgan highlighted the
information presented in his Memorandum dated June 18, 1996. Mr. Dorgan noted the
background and history of this item.
Scott Smith, the owner of Smitty's which is located on Yankee Doodle Road and
Highway 149, indicated his concerns with regard to the ordinance and whether it would
effect his business operations. Mr. Smith indicated that the store often runs "tent sales"
and questioned how the ordinance would impact his ability to hold the "tent sales" on a
periodic basis. Mr. Smith .was concerned with the setback requirement as well as the
requirement that the tents be located on a asphalt or concrete surface. Planner Dorgan
indicated that he did not believe the ordinance would apply to Smitty's and indicated that
Smitty's would require a building permit because of the tent structures.
Jill Anderson and Patsy Schroeder of Apple Valley were present and indicated that
they were co -directors of the Blue Cross/Blue Shield Yankee Doodle Arts and Craft
Festival which originally held its Festival on the Blue Cross/Blue Shield property. Ms.
Anderson and Ms. Schroeder were concerned as to the requirement that the tents be
located on asphalt or concrete surface and believed that this would impact their ability to
have the arts and craft festival on the Blue Cross/Blue Shield property.
Planner Freese indicated that staff would like clarification as to when a permit is
needed for tenants and also that safety concerns of the fire marshal would be addressed.
Vice Chair Heyl questioned the need for the asphalt or concrete requirement and believes
that this should be deleted from the ordinance. Member Segal suggested that both the
asphalt and concrete requirement as well as the item on paragraph 6 regarding structural
integrity be deleted from the ordinance. Vice Chair Heyl disagreed and indicated that
there could be fire hazards present if the tent were not structurally sound. Member Frank
questioned the setback requirement and believes it should be 10 feet as opposed to 20
feet.
Member Burdorf moved, Member Segal seconded, a motion to recommend
approval of an Ordinance Amendment to Chapter 11 entitled "Land Use Regulations
(Zoning)" to provide for a Temporary Outdoor Event/Seasonal Outdoor Sales, subject to
the following conditions:
Page 7
June 25, 1996
ADVISORY PLANNING COMMISSION
1. Adequate off street parking shall be provided ensuring that no obstruction or
interference occurs with existing traffic patterns.
2. No portion of the use shall take place within any public right-of-way, private
landscaping or turf area. A minimum 10 foot wide setback shall be maintained from
all property lines and no portion of the sale shall take place within 100 feet of any
property line of any residential use or residential zoned property.
3. The site shall be kept in a neat and orderly manner and the display of items shall not
cover more than 5% of the total lot as to not interfere with pedestrian safety, vehicular
movement emergency access and existing business activities.
4.
5.
7
Signage shall be subject to Eagan City Code Chapter 4, Section 4.20.
(Note: The Sign Code allows a maximum of three signs not to exceed 25 SF total.)
Temporary stands or tent layouts shall be approved prior to installation to ensure
structural integrity and safe fire exiting.
The owner/operator of a Seasonal Outdoor Sale or Temporary Outdoor Event shall
have the written permission of the fee property owner to locate on a specific site.
Hours of operation shall be subject to Sec. 11. 10, Subd. 18 of the City Code.
(Note: Hours of operation may be 7:00 am. - 1:00 a.m. except when located more
than 200 feet from a residential zoned district.)
All approved in favor.
(J
EAGAN CITY COUNCIL MEETING MINUTES; JULY 16, 1996
PAGE 10
refuse haulers as recommended by the Solid Waste Abatement Commission. Aye: 4 Nay: 1
(Councilmember Awada)
TEMPORARY OUTDOOR EVENT/SEASONAL OUTDOOR SALES
City Administrator Hedges gave an overview of this item. Senior Planner Freese gave a staff
report Councilmember Masin asked where Christmas trees would be classified in regard to the ordinance.
Freese stated that they would be classified under outdoor seasonal sales and would need a conditional use
permit She added that staff had deliberated about making exceptions for Christmas trees, since this has
been a longstanding practice. She noted that they were having a problem coming up with a definition that
would exclude Christmas trees but encompass all other outdoor sales events. Councilmember Hunter
asked about the procedure that's used now to control these situations and how they would be handled
under the proposed ordinance. Freese stated that conditional use permits are granted currently and, under
this new ordinance, would also be granted. Councilmember Wachter does not feel it is necessary to have
all these conditional sales. He stated the hours of operation, as proposed from 7:00 a.m. to 1:00 a.m., was
too long. He also questioned the event being allowed to occur up to three times per year in the proposed
ordinance; he felt once per year was enough. He was also concerned with tents being staked on blacktop
and opposed the destruction of blacktop. Freese noted that this requirement was removed by the Planning
Commission in their recommendation. Councilmember Hunter asked what times of operation
Councilmember Wachter would prefer. Councilmember Wachter suggested 10:00 a.m. to 9:00 p.m.
Councilmember Awada suggested changing the time from 10:00 a.m. to 10:00 p.m.
Councilmember Wachter referenced the letter sent by Al Baker in regard to people using his
parking lot to patronize other area businesses during their promotional events. Mayor Egan asked how it
could be proven that people.are attending other events and not at Al Baker's Restaurant. Councilmember
Hunter asked about condition three on page 106, which states the site shall be kept in a neat and orderly
manner, etc. Freese,stated that staff tried to work out language to address on site parking; however, there
will be extraneous impacts associated with these outdoor seasonal events, but added that the proposed
ordinance may serve to reduce the times and duration of these events. She mentioned that staff has a
limited amount of leverage to handle and enforce violations that impact other businesses. Councilmember
Masin stated she feels the neighboring businesses and neighbors should have input into allowing temporary
uses. She added that these temporary uses can take advantage of established business owners.
Councilmember Wachter and Mayor Egan concurred. Councilmember Wachter suggested continuing this
Rem to a future work session. City Administrator Hedges stated that by sending this item back to a work
session, it could possibly reopen the whole process of public hearings that were held by the Planning
Commission. Councilmember Wachter stated he understood that, but felt many questions needed to be
addressed. Mayor Egan asked if this ordinance amendment was denied, would it be necessary for
applicants to apply for conditional use permits for temporary outdoor sales. Freese stated that they would
have to, but added that she would need to discuss this issue with legal counsel for verification. Mayor
Egan suggested leaving the process as it is. Councilmember Wachter concurred. Councilmember Awada
indicated that the ordinance amendment should be adopted to address the Al Baker scenario.
Councilmember Hunter concurred. He stated that he disagreed with Hedges that continuing this item would
require re -notification to the public. Mayor Egan agreed with Councilmember Hunter and added that if a
major change was made to the ordinance amendment as proposed, then there would be the need to send
this item back to the Planning Commission.
Councilmember Awada moved, Councilmember Hunter seconded a motion to continue this item
to a work session in August. Aye: 5 Nay: 0
Agenda Information Item
October 15, 1996 Eagan City Council Meeting
A. WAIVER OF SUBDIVISION - OCB REALTY CO.
ACTION TO BE CONSIDERED:
To approve or deny a Waiver of Subdivision for OCB Realty Co., to separate, for
ownership transfer to Osman Properties, approximately 1.5 acres from a 13.66 acres from
two unplatted parcels (P.I.D. No.s 10-00400-040-02 & 10-00400-030-02).
FACTS:
IN. By approving the Waiver, OCB Realty will be able to transfer the ownership of 1.5 acres
of property to Osman Properties aka: Lost Spur Country Club.
► Osman Properties has stated that the purpose for acquiring the 1.5 acre triangular shaped
parcel from OCB Realty Co. is to straighten out the 4th hole on its golf course.
► The staff report states that if either property owner desires to use the property transferred
to them for any purpose other than that which it is zoned, the property will be required
to go through the process of a comprehensive guide plan amendment and a rezoning to
be in conformance with the intended use.
► The Advisory Planning Commission did hold a public hearing at its regular meeting
September 24, 1996, and recommended approval of the Waiver of Subdivision.
ISSUES:
Two Highview Avenue residents appeared at the public hearing and expressed their
concerns regarding the future uses of the property once split. Member Segal also
indicated his concern for the proposed uses of the property once split.
ATTACHMENTS: (2)
APC Minutes - pages thru
Staff Report - pages thru_.
Q1
Page 14
September 24, 1996
ADVISORY PLANNING COMNIISSION
WAIVER OF SUBDIVISION
OCB REALTY, INC.
WAIVER OF SUBDIVISION
OSMAN PROPERTIES, INC.
Chairman Miller opened the next public hearing of the evening regarding a Wavier
of Subdivision for OCB Realty, Inc., to separate for ownership transfer approximately 1.5
acres of land legally described as PID No. 10-00400-030-20 and 10-00400-040-02
located in the SEI/4 of the NE'/4 of Section 4.
Chairman Miller also opened the public hearing on Osman Properties' request for
approval of a Wavier of Subdivision to separate for ownership transfer approximately 1.3
acres of land legally described as PID No. 10-00400-014-08 located in the SEI/4 of the
NEI/4 of Section 4.
Planner Tyree introduced these items. Ms. Tyree highlighted the information
presented in the City staffs planning report dated September 13, 1996. Ms. Tyree noted
the background and history, the surrounding uses and the existing conditions of the
subject property. Ms. Tyree also outlined the City staffs evaluation of the request of both
applicants, OCB Realty Company and Osman Properties.
Paul Rachie, a representative for OCB Realty advised that both applicants requests
were simply for a swap of property and no development is proposed or planned for either
site. A resident who lives across the subject site stated that he has no objection to the
swap of ownership, but he is only concerned about future development and requested
commitments from the applicants that no development will occur on the parcel currently
zoned as PF. Chairman Miller advised that if the parcels are developed in the future, the
applicants will have to come back for approval by the City Council.
Roger_ Spurling, an Eagan resident, noted that at the time Highview Avenue was
widened and sewer was located. within the right-of-way, the City had agreed to keep Lost
Spur's property zoned as Public Facility. Mr. Spurling stated that he opposes any use on
the parcel other than public facility. He advised that the APC and the City Council need
to learn to plan, not react, to applicants' request. In response to Chairman Miller's inquiry,
Tom Mitchell, a representative of OCB Realty stated that the land transfer is a result of
OCB's needed drainage easement on the north end of the parcel. He stated that in order to
meet OCB's drainage needs and Lost Spur's need for the triangle area to accommodate the
golf hole at that location, the land swap was beneficial to both parties. Mr. Mitchell stated
that there are no plans for development on the parcel. Member Segal stated that he was
uncomfortable with approving the request which in essence transfers public facility
property to a corporate entity which would have no use for PF property and it is almost
M2
Page 15
September 24, 1996
ADVISORY PLANNING COMMISSION
certain the corporation will seek rezoning of the property to accommodate its needs. City
Attorney Dougherty noted to the Commission that a condition of OCB's waiver of
subdivision requires that the use on the PF parcel be identified with the final planned
development of the adjacent parcel. No members of the public were present, the public
hearing was closed.
Member Heyl stated that the City often approves a waiver of subdivision as a
matter of course and any development in the future will require City Council review and
approval.
Member Heyl moved, Member Burdorf seconded, a motion to recommend
approval of a Wavier of Subdivision for Osman Properties, to separate for ownership
transfer approximately 1.3 acres of land legally described as PID No. 10-00400-014-08
located in the SEI/4 of the NEI/4 of Section 4, subject to the following conditions:
1. No building permit, grading permit or other permit required to develop or to construct
any structure upon the property shall be issued unless the property is first platted.
2. The property shall be subject to all subdivision regulations in effect at the time of
platting.
All approved in favor.
Member Segal moved, Member Burdorf seconded, a motion to recommend denial
of a Wavier of Subdivision for OCB Realty, Inc., to separate for ownership transfer
approximately 1.5 acres of land legally described as PID No. 10-00400-030-20 and 10-
00400-040-02 located in the SEI/4 of the NEI/4 of Section 4.
Member Segal stated his recommendation is based upon the City not transferring a
public facility parcel to a corporate entity under a wavier of subdivision until the City is
aware of the proposed use of the parcel under the planned development. Member Segal
added that the City should not approve the waiver of subdivision and then address the
issue down the road upon GCB's request to rezone from PF because it does not fit within
its corporate plans, Member Segal suggested that the request for a transfer be addressed
when the applicant presents its final planned development with designated uses. Member
Heyl stated that Member Segal's concerns with rezoning are addressed by conditions
number 3 and 4 and will be addressed with the final planned development approval. City
Attorney Dougherty added that the City Council may approve that that part of the planned
development be designated for PF uses and therefore will alleviate Member Segal's
concern of rezoning.
Page 16
September 24, 1996
ADVISORY PLANNING COMVJISSION
Tom Mitchell, the representative of OCB stated that the applicant is aware that the
property is currently zoned PF and that with the property swap, the applicant is obtaining
PF property.
On Member Segal's motion to recommend denial, Members Segal and Burdorf
voted in favor, Chairman Miller and Members Heyl and Frank opposed.
Member Heyl moved, Member Frank seconded a motion to recommend approval
of a Wavier of Subdivision to separate for ownership transfer approximately 1.3 acres of
land legally described as PID No. 10-00400-030-20 and 10-00400-040-02 located in the
SEV4 of the NE%4 of Section 4, subject to the following conditions:
1. No building permit, grading permit or other permit required to develop or to construct
any structure upon the property shall be issued unless the property is first platted.
2. The property shall be subject to all subdivision regulations in effect at the time of
platting.
3. The 1.5 acre parcel shall be included with the Final Subdivision for Eagan Woods
Office Park 2nd Addition.
4. A Planned Development Amendment incorporating this parcel to the Eagan Woods
Office Park 2nd Addition Planned Development is required.
All approved in favor, except Members Segal and Burdorf opposed.
log
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: September 13, 1996
APPLICANT: OCB Realty Co.
PROPERTY OWNER: OCB Realty Co
REQUEST: Waiver of Subdivision
CASE: 4-W-5-8-96
HEARING DATE:
PREPARED BY:
September 24, 1996
Shannon Tyree
LOCATION: P.I.D. No. 10-00400-030-020 & 10-00400-02 located in the SE 1/4 of the
NE 1/4 of Section 4.
COMPREHENSIVE PLAN: CPD - Commercial Planned Development
ZONING: PD - Planned Development
SUMMARY OF REQUEST
OCB Realty Co. is requesting approval of a Waiver of Subdivision for the purpose of separating
approximately 1.5 acres from 13.66 acres made up of two unplatted parcels (P.I.D. No.'s 10-
00400-040-02 & 10-00400-030-02). The combined 13.66 acre parcels are located east of Lost
Spur Country Club, north of Highview Avenue, west of Pilot Knob Road and south of the
Interstate 494 and the Eagan Woods Office Park First Addition and are part of the proposed
second addition. The waiver will allow OCB Realty Co. to transfer ownership of the 1.5 acre
parcel of property, located adjacent to Osman Properties; dba Lost Spur Country Club.
BACKGROUND/HISTORY
The property that OCB Realty Co. would like to transfer to Lost Spur Country Club is unplatted.
It is part of the Eagan Woods Office Park 2nd Addition Preliminary Subdivision and Planned
Development which included approved by the City Council May 15, 1996; a one-year extension
was granted April 2, 1996. The scope of the approved project includes two office buildings, a
training facility, a restaurant and a hotel. The subject 1.5 acre parcel is located at the
southwestern portion of the of the Eagan Woods Office Park 2nd Addition.
At the public hearing for the Eagan Woods Office Park 2nd Addition concern was expressed
about the proximity of the proposed Eagan Woods Office Park 2nd Addition development by
several residents of nearby Highview Avenue whose homes abut the Lost Spur Country Club.
(o
Planning Report - OCB Realty Co. Waiver of Plat
September 24, 1996
Page 2
SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan
designations surround the subject property:
North - Office building and planned Old Country Buffet HQ; zoned PD; guided PD.
South - Existing single family residences (Highview Ave); zoned R-1; guided D -I.
East - Existing single family homes; zoned A; guided CPD.
West - Lost Spur Golf Course; zoned PF; guided P.
EVALUATION OF REQUEST
The applicant stated that the purpose for transferring the parcel stems from the development of
the Eagan Woods Office Park 2nd Addition planned development and subdivision. A condition
of the subdivision required the implementation of a storm sewer project in which OCB Realty
Co. needed an easement across Lost Spur Country Club property. A condition placed on OCB
Realty Co. by Osman for granting the easement to OCB Realty Co. was the conveyance of
property known as Outlot A (the 1.5 acre, triangular shaped parcel) Eagan Woods Office Park
2nd Addition. Osman Properties have agreed to a land for land exchange that includes the 1.3
acre rectangular shaped parcel.
The Comprehensive Land Use Guide Plan designates this 1.5 acre parcel as CPD - Commercial
Planned Development. The current zoning map designates this parcel as PD - Planned
Development. In order for Osman Properties to use this 1.5 acre parcel for the public facility
type uses (golf course and country club) the property will need to be in conformance with the
land use guide plan and zoning, which will require a Comprehensive Guide Plan Amendment and
a Rezoning to PF.
EXISTING CONDITIONS
The most notable feature of the triangular shaped 1.5 acre parcel is its topography. The entire
parcel is a steep ravine. No development has occurred or is likely on this property.
SUMMARY/CONCLUSION
OCB Realty Co. is requesting a Waiver from subdivision regulations so that the approximate 1.5
acre site can be split and ownership transferred. There is no zoning change or development
associated with this waiver application, and the applicant has expressed that no development of
this parcel is imminent however changes to the land use plan and zoning will be necessary for
the future owners to use the property as a golf course/country club.
Planning Report - OCB Realty Co. Waiver of Plat
September 24, 1996
Page 3
ACTIONS TO BE CONSIDERED
To recommend approval/ denial of a Waiver of Subdivision for the purpose of legally separating
a 1.5 acre portion of a 13.66 acre unplatted parcels (P.I.D. No. 10-00400-014-08) located east of
Highway #13, north of Highview Avenue, west of Pilot Knob Road and south of the Interstate
494 and the Eagan Woods Office Park First and proposed Second Additions.
If approved, the Waiver shall be subject to the conditions listed below:
1. No building permit, grading permit or other permit required to develop or to construct any
structure upon the property shall be issued unless the property is first platted.
2. The property shall be subject to all subdivision regulations in effect at the time of
platting.
(0-3
FINANCIAL OBLIGATION -- 4-W-5-9-96 10-00400-030-02 AND 040-02
There are levied assessments with an unpaid balance of $0 which will be allocated to the parcels
created by this waiver of plat.
The financial obligation is subject to change based upon the areas and dimensions of the parcels
contained in the final waiver.
Based upon the study of the financial obligations collected in the past and uses proposed for the
property, the following charges are proposed. The charges are computed using the City's fee
schedule and availability of the City's utility system.
Improvement Use Rate Quantity Amount
None
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Zoning Map
Current Zoning
PID (Planned Development)
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Buffets, Inc.
Agenda Information Item
October 15, 1996 Eagan City Council Meeting
B. WAIVER OF SUBDIVISION - OSMAN PROPERTIES
ACTION TO BE CONSIDERED:
► To approve or deny a Waiver of Subdivision for Osman Properties, to separate, for
ownership purposes, approximately 1.3 acres from a 73.59 acre unplatted parcel (P.I.D.
No. 10-00400-014-08).
FACTS:
► Approval of the Waiver of Subdivision will allow Osman Properties to transfer ownership
of a 1.3 acre parcel to OCB Realty Co. (Old Country Buffet). The 1.3 acre rectangular
shaped parcel abuts single family residences. Old Country Buffet stated at the public
hearing it has no development plans for the parcel.
► The staff report states that if either property owner desires to use the property transferred
to them for any purpose other than that which it is zoned, the property will be required
to go through the process of a comprehensive guide plan amendment and a rezoning to
be in conformance with the intended use.
► This 1.3 acre parcel transferred to Old Country Buffet will be required to be included into
the overall development plan for the Eagan Woods Office Park Planned Development.
► The Advisory Planning Commission held a public hearing regarding this matter at its
September 24, 1996 regular meeting and recommended approval of the Waiver of
Subdivision.
ISSUES:
► Two Highview Avenue residents appeared at the public hearing and expressed their
concerns regarding the future uses of the property. Member Segal also indicated his
concern for the proposed uses of the property once split.
ATTACHMENTS: (2)
APC minute - pages thru
Staff Report - pages /& thru
I��
Page 14
September 24, 1996
ADVISORY PLANNING CONIlVIISSION
WAIVER OF SUBDIVISION
OCB REALTY, INC.
WAIVER OF SUBDIVISION
OSMAN PROPERTIES, INC.
Chairman Miller opened the next public hearing of the evening regarding a Wavier
of Subdivision for OCB Realty, Inc., to separate for ownership transfer approximately 1.5
acres of land legally described as PID No. 10-00400-030-20 and 10-00400-040-02
located in the SEI/4 of the NE'/4 of Section 4.
Chairman Miller also opened the public hearing on Osman Properties' request for
approval of a Wavier of Subdivision to separate for ownership transfer approximately 1.3
acres of land legally described as PID No. 10-00400-014-08 located in the SEI/4 of the
NEI/4 of Section 4.
Planner Tyree introduced these items. Ms. Tyree highlighted the information
presented in the City staffs planning report dated September 13, 1996. Ms. Tyree noted
the background and history, the surrounding uses and the existing conditions of the
subject property. Ms. Tyree also outlined the City staffs evaluation of the request of both
applicants, OCB Realty Company and Osman Properties.
Paul Rachie, a representative for OCB Realty advised that both applicants requests
were simply for a swap of property and no development is proposed or planned for either
site. A resident who lives across the subject site stated that he has no objection to the
swap of ownership, but he is only concerned about future development and requested
commitments from the applicants that no development will occur on the parcel currently
zoned as PF. Chairman Miller advised that if the parcels are developed in the future, the
applicants will have to come back for approval by the City Council.
Roger Spurling, an Eagan resident, noted that at the time Highview Avenue was
widened and sewer was located within the right-of-way, the City had agreed to keep Lost
Spur's property zoned as Public Facility. Mr. Spurling stated that he opposes any use on
the parcel other than public facility. He advised that the APC and the City Council need
to learn to plan, not react, to applicants' request. In response to Chairman Miller's inquiry,
Tom Mitchell, a representative of OCB Realty stated that the land transfer is a result of
OCB's needed drainage easement on the north end of the parcel. He stated that in order to
meet OCB's drainage needs and Lost Spur's need for the triangle area to accommodate the
golf hole at that location, the land swap was beneficial to both parries. Mr. Mitchell stated
that there are no plans for development on the parcel. Member Segal stated that he was
uncomfortable with approving the request which in essence transfers public facility
property to a corporate entity which would have no use for PF property and it is almost
Page 15
September 24, 1996
ADVISORY PLANNING CONM1ISSION
certain the corporation will seek rezoning of the property to accommodate its needs. City
Attorney Dougherty noted to the Commission that a condition of GCB's waiver of
subdivision requires that the use on the PF parcel be identified with the final planned
development of the adjacent parcel. No members of the public were present, the public
hearing was closed.
Member Heyl stated that the City often approves a waiver of subdivision as a
matter of course and any development in the future will require City Council review and
approval.
Member Heyl moved, Member Burdorf seconded, a motion to recommend
approval of a Wavier of Subdivision for Osman Properties, to separate for ownership
transfer approximately 1.3 acres of land legally described as PID No. 10-00400-014-08
located in the SEI/4 of the NEI/4 of Section 4, subject to the following conditions:
1. No building permit, grading permit or other permit required to develop or to construct
any structure upon the property shall be issued unless the property is first platted.
2. The property shall be subject to all subdivision regulations in effect at the time of
platting.
All approved in favor.
Member Segal moved, Member Burdorf seconded, a motion to recommend denial
of a Wavier of Subdivision for OCB Realty, Inc., to separate for ownership transfer
approximately 1.5 acres of land legally described as PID No. 10-00400-030-20 and 10-
00400-040-02 located in the SEI/4 of the NEI/4 of Section 4.
Member Segal stated his recommendation is based upon the City not transferring a
public facility parcel to a corporate entity under a wavier of subdivision until the City is
aware of the proposed use of the parcel under the planned development. Member Segal
added that the City should not approve the waiver of subdivision and then address the
issue down the road upon OCB's request to rezone from PF because it does not fit within
its corporate plans, Member Segal suggested that the request for a transfer be addressed
when the applicant presents its final planned development with designated uses. Member
Heyl stated that Member Segal's concerns with rezoning are addressed by conditions
number 3 and 4 and will be addressed with the final planned development approval. City
Attorney Dougherty added that the City Council may approve that that part of the planned
development be designated for PF uses and therefore will alleviate Member Segal's
concern of rezoning.
Page 16
September 24, 1996
ADVISORY PLANNING CONMISSION
Tom Mitchell, the representative of OCB stated that the applicant is aware that the
property is currently zoned PF and that with the property swap, the applicant is obtaining
PF property.
On Member Segal's motion to recommend denial, Members Segal and Burdorf
voted in favor, Chairman Miller and Members Heyl and Frank opposed.
Member Heyl moved, Member Frank seconded a motion to recommend approval
of a Wavier of Subdivision to separate for ownership transfer approximately 1.3 acres of
land legally described as PID No. 10-00400-030-20 and 10-00400-040-02 located in the
SEI/4 of the NE'/4 of Section 4, subject to the following conditions:
1. No building permit, grading permit or other permit required to develop or to construct
any structure upon the property shall be issued unless the property is first platted.
2. The property shall be subject to all subdivision regulations in effect at the time of
platting.
3. The 1.5 acre parcel shall be included with the Final Subdivision for Eagan Woods
Office Park 2nd Addition.
4. A Planned Development Amendment incorporating this parcel to the Eagan Woods
Office Park 2nd Addition Planned Development is required.
All approved in favor, except Members Segal and Burdorf opposed.
ts
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: September 13, 1996
APPLICANT: Osman Properties
PROPERTY OWNER: Osman Properties
REQUEST: Waiver of Subdivision
CASE: 4-W-6-8-96
HEARING DATE: September 24, 1996
PREPARED BY: Shannon Tyree
r
LOCATION: P.I.D. No. 10-00400-014-05 located in the SE 1/4 of the NE 1/4 of Section 4.
COMPREHENSIVE PLAN: PF - Public Facilities, Quasi Public
ZONING: PF - Public Facilities
SUMMARY OF REQUEST
Osman Properties is requesting approval of a Waiver of Subdivision for the purpose of separating
approximately 1.3 acres from a 73.59 acre unplatted parcel (P.I.D. No. 10-00400-014-08). The
73.59 acre parcel is located east of Highway #13, north of Highview Avenue, west of Pilot Knob
Road and south of the Interstate 494 and the Eagan Woods Office Park First and proposed second
addition. The waiver will allow Osman Properties dba: Lost Spur Country Club to transfer the
1.3 acre parcel of property, located adjacent to property owned by OCB Realty Co. (Old Country
Buffet).
BACKGROUND/HISTORY
Lost Spur Country Club and golf course is located on property that is unplatted. The building
and golf course pre -date the official regulatory controls. (Zoning Code). The 1.3 acre parcel is
located at the easternmost portion of the of the Lost Spur Country Club golf course.
The country club is proposing an exchange to transfer ownership of the parcel with a parcel of
land owned by OCB Realty Co., the owners and future developers of the property adjacent to the
north of this parcel. That development, Eagan Woods Office Park 2nd Addition, was approved
by the City Council on May 15, 1995 and a one year extension to the Preliminary Subdivision
was granted by the Council on April 2, 1996.
At the public hearing for the Eagan Woods Office Park 2nd Addition, concern was expressed
about the proximity of the proposed development by several residents of nearby Highview
Avenue whose homes abut the Lost Spur Country Club.
Planning Report - Osman Waiver of Plat
September 24, 1996
Page 2
SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan
designations surround the subject property:
North - Office building and planned Old Country Buffet HQ; zoned PD; guided PD.
South - Existing single family residences (Highview Ave); zoned R-1; guided D -I.
East - Existing single family homes; zoned A; guided CPD.
West - Lost Spur Golf Course; zoned PF; guided PF.
EVALUATION OF REQUEST
The applicant stated that the purpose for transferring the parcel stems from the development of
the Eagan Woods Office Park 2nd Addition planned development and subdivision. A condition
of the subdivision approval required the implementation of a storm sewer project in which OCB
Realty Co. needed an easement across the Osman property. A condition placed on by Osman
for granting the easement to OCB Realty Co. was the conveyance of property known as Outlot
A, (the 1.5 acre, triangular shaped parcel) Eagan Woods Office Park 2nd Addition. Osman
agreed to a land for land exchange (a 1.3 acre rectangular shaped parcel).
The Comprehensive Land Use Guide Plan designates the Osman 1.3 acre parcel as PF - Public
Facilities, Quasi Public. The current zoning map designates this parcel as P - Public Facilities.
In order for OCB Realty Co. to use this 1.3 acre parcel for the commercial uses defined in its
Planned Development the property will need to be in conformance with the Land Use Guide Plan
and Zoning; which will require a Comprehensive Guide Plan Amendment and a Rezoning in the
future.
EXISTING CONDITIONS
The parcel is vacant.
SUMMARY/CONCLUSION
Osman properties is requesting a Waiver from subdivision regulations so that the approximate
1.3 acre site can be split and ownership transfered. There is no zoning change or development
associated with the waiver application, however changes to the land use plan and zoning will be
necessary for the future owners to use the property for anything other than a public facility use.
ACTIONS TO BE CONSIDERED
To recommend approval/ denial of a Waiver of Subdivision for the purpose of legally separating
a 1.3 acre portion of a 73.59 acre unplatted parcel (P.I.D. No. 10-00400-014-08) located east of
Highway 413, north of Highview Avenue, west of Pilot Knob Road and south of the Interstate
494 and the Eagan Woods Office Park First and proposed Second Additions.
Planning Report - Osman Waiver of Plat
September 24, 1996
Page 3
If approved, the Waiver shall be subject to the conditions listed below.
1. No building permit, grading permit or other permit required to develop or to construct any
structure upon the property shall be issued unless the property is first platted.
2. The property shall be subject to all subdivision regulations in effect at the time of
platting.
3. The 1.5 acre parcel shall be included with the Final Subdivision for Eagan Woods Office
Park 2nd Addition.
4. A Planned Development Amendment incorporating this parcel to the Eagan Woods Office
Park 2nd Addition Planned Development is required.
l(f
FINANCIAL OBLIGATION - 4-W-6-8-96 10-00400-014-05
There are levied assessments with an unpaid balance of $0 which will be allocated to the parcels
created by this waiver of plat.
The fmancial obligation is subject to change based upon the areas and dimensions of the parcels
contained in the final waiver.
Based upon the study of the fmancial obligations collected in the past and uses proposed for the
property, the following charges are proposed. The charges are computed using the City's current
fee schedule and availability of the City's utility system.
Improvement
Use
Rate
Quantity
Amount
Storm Sewer Trunk
S.F.
.077/S. F.
3,404,301 S.F.
$262,131
The above financial obligation is provided for informational purposes only.
The City will not enforce collection of this charge at this time, because it is not related to the
development of the Lost Spur property. Appropriate charges will be collected in the future
if/when the property is subdivided.
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Agenda Information Memo
October 15, 1996 Eagan City Council Meeting
C. COMPREHENSIVE GUIDE PLAN AMENDMENT - SCENIC
ENTERPRISES, INC.
ACTION TO BE CONSIDERED:
► To continue, until the November 4, 1996 City Council meeting, consideration of a
Comprehensive Guide Plan Amendment request by Scenic Enterprises, Inc. for
approximately 80 acres located north of Yankee Doodle Road, west of Pilot Knob Road.
FACTS:
► In discussions with the City Administrator, John Voss, representing Scenic Enterprises,
has requested further continuation of this item since schedules have not permitted staff
to complete their discussions with surrounding property owners relative to the park. The
continuation would be intended to allow more time to receive input from the surrounding
property owners and for the task force to formulate their conclusions and
recommendations for Council consideration.
BACKGROUND:
► The City received a letter dated 8/28/96 from Tony Gleekel, representing Scenic
Enterprises, stating that they would be willing to postpone action on the Comprehensive
Guide Plan Amendment and work with the City if it decides to convene a task force to
study locating a park on this 80 -acre site.
► At their regular meeting on Sept. 3, 1996 the City Council established a task force to
further study the appropriateness of this 80 -acre site for a community park and directed
staff to contact the surrounding business owners (Unisys, Lockheed, and NWA) with
regard to joint use of their parking lots and grounds to accommodate overflow from
community -wide events.
► To date, staff has met with Lockheed and Unisys who indicated some concerns about
security, but also stated that they would be willing to work with the City to establish a
schedule of events and other details to minimize their concerns. Formal responses from
these organizations will not likely be received prior to the October 15 Council meeting.
A meeting with NWA is scheduled for the last week in October.
IN. To date, the task force has met once to discuss the physical site constraints and limitations
for development. A more complete site analysis will be done to determine how much
space would be needed to accommodate the elements of a central community park on this
site.
/ a�
Agenda Information Memo
October 15, 1996 Eagan City Council Meeting
D. DECLARATION OF DEFAULT - SUNSET HOMES (ST. FRANCIS WOOD
4TH ADDITION)
ACTION TO BE CONSIDERED:
► To declare Sunset Homes in default of their landscape obligations relative to St. Francis
Wood 4th Addition.
FACTS:
► St. Francis Wood 4th Additions was platted in 1985 by Timberton Company (Healey
Ramme). The proposed two -phased development consisted of 14 lots and 4 outlots to
accommodate a total of 214 townhomes.
While some townhomes were developed, the subject property remained largely
undeveloped until the early 1990s. In 1993 Sunset Homes began development of the
subject property with 7 multi -unit townhome structures.
ISSUES:
In July 1996, representatives of the townhome association contacted City Planning staff
with a complaint about incomplete landscaping.
Upon review of the landscape plan, staff found that 42 trees needed to be planted or
replaced to comply with the plan submitted. The City is still holding the standard $5,000
landscape guarantee for this project. Staff notified Sunset Homes of the plan
discrepancies and that the City is still holding the cash guarantee. Staff requested that the
developer complete the landscape plan deficiencies by the end of September or risk
forfeiture of the landscape guarantee.
► Over the past 6 weeks the developer and the association have had discussions about
working together to complete the deficiencies. However, it is staffs understanding that
a cooperative partnership has not, and will not likely be formed to complete the plan.
To date, the developer has not clarified his intentions for complying with the landscape
plan. As such, the City may find him in default of his obligations to install the
landscaping in accordance with the landscape plan submitted. The City can then utilize
the landscape guarantee to complete the landscaping.
The townhome association has approached the City requesting that some modifications
be made to the plan and that it be coordinated with other landscape improvements they
intend to make. Staff has indicated that if the developer is found to be in default, the
City would be willing to work with the association in this regard.
�a"7
ATTACHMENTS:
Location map, page Z2q
Letters to developer from staff dated 7/26/96 and 8/26/96, pages through �.3�
city of Eagan Community Development Department
CrtyofEagan
Location Map
St. Francis Wood 4th Addition N
Sunset Homs 90 0 90 180 Feet
city of Lagan
July 26, 1996
Paul Donnay
Sunset Homes
9687 63rd Avenue North
Maple Grove, MN 55369
RE: St. Francis Woods landscaping
Dear Mr. Donnay,
THOMAS EGAN
Mayor
PATRICIA AWADA
SHAWN HUNTER
SANDRA A. MASIN
THEODORE WACHTER
Council Members
THOMAS HEDGES
City Administrator
E. J. VAN OVERBEKE
City Cierk
The City has received a complaint about incomplete landscaping at your St. Francis Woods
townhomes project in Eagan. Of particular concern is the appearance of the berms. Landscaping
is required for all multi -family developments in the City and should include trees and shrubs
throughout the common areas as well as foundation plantings around buildings.
Since November 1993 the City has been holding a $5,000 landscape guarantee in escrow for this
project. The landscape guarantee was required in conjunction with issuance of the building
permit. This guarantee will be returned upon completion of landscaping. However, if the
landscaping is not completed in accordance with a plan approved by the City, the guarantee is
forfeited. The City can then use the proceeds of the guarantee to install the landscaping.
To remedy this situation, I request that you submit a landscape plan for the City to review by
August 30, 1996. Provided the plan is acceptable, installation of the landscaping could begin,
with completion expected by September 30, 1996.
Within seven days of receipt of this letter, please provide a reply indicating_ your intentions and
a schedule of compliance with our request.
If you have any questions in this regard, please call me at 681-4698.
Sincerely,
(Ju Farnhamner
cc: Mike Ridley
Craig Knudson
MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY
PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT
EAG ITY
EAGAN, MINNESOTA 55122.1897 EAGAN, MINNESOTA 55122
PHONE: (612) 681.4600 PHONE: (612) 681.4300
FAX: (612) 681.4612 Equcl Opportunity/Affirmative Action Employer FAX: (612) 681-4360
TDD: (612) 454.855 TDD: (612).154-8535
1dtV vF eac an
RE: St. Francis Woods 4th - landscaping
Dear Mr. Donnay,
Thank you for submitting the landscape plan for St. Francis Woods 4th Addition. Upon field
inspection I found 48 trees were either missing or dead as follows:
Colorado Spruce
THOMAS EGAN
Black Hills Spruce
Mayor
August 26, 1996
PATRICIA AWADA
Ash
SHAWN HUNTER
Japanese Tree Lilac
SANDRA A. MASIN
Maple
THEODORE WACHTER
Honeylocust
Council Members
Paul Donnay
THOMAS HEDGES
Sunset Homes
City Administrator
9687 63rd Avenue North
E. J. VAN OVERBEKE
Maple Grove, MN 55369
City Clerk
RE: St. Francis Woods 4th - landscaping
Dear Mr. Donnay,
Thank you for submitting the landscape plan for St. Francis Woods 4th Addition. Upon field
inspection I found 48 trees were either missing or dead as follows:
Colorado Spruce
7
Black Hills Spruce
8
Crab (various)
15
Ash
3
Japanese Tree Lilac
5
Maple
7
Honeylocust
1
Linden
7
I also found 6 spruce trees that were not shown on the original plan. As such, the net difference
is 42 trees that should be planted or replaced.
It appears that some of the trees were not planted because they would have required removal of
existing woodlands which were not indicated on the landscape plan. Clearly preservation of the
existing woods makes sense and is desirable. However, the net amount of plants indicated on
the plan should be maintained as the plan is the basis for review to determine compliance with
the landscape plan.
As I indicated in my letter dated July 26, 1996, the City is holding a $5,000 landscape guarantee
in escrow to ensure completion of the landscape plan. The guarantee. will be released one year
after completion of the landscaping. If the landscaping is not completed, the guarantee is
forfeited and the City will use the guarantee to install the landscaping.
To move this forward you should complete planting of the 42 missing or dead trees as indicated
oiLlhe landscaping plan s bmitted dated 11/22/93 by Se tember 30, 1996. Some of the trees
MUNICIPAL30PILOK CENTER THE LONE OAK TREE MAINTENANCE FACILITY
EAG PILOT KNOB ROAD ' THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT
EAGAN. MINNESOTA 5512.1897 EAGAN, MINNESOTA 55122
PHONE: (612) 681.4600 3C0
FAX: (612) 681-4612 Equal Opportunity/Affl360
r%%alive Actlon Employer FAX: (512) 681.8PHONE: (612) 681.41.4
TDO: (612) 454-8535 / % TDD: (612) 454-8535
may need to be relocated to ensure existing woodlands are preserved. If the landscaping is not
completed by September 30, 1996, the $5,000 guarantee will be forfeited and the City will
proceed to complete the landscaping.
In conversations with representatives of the townhome association they. indicated that they would
be willing to work with you to come up with a revised plan that would include fewer trees, but
also some regrading and sodding/seeding of several berms. The City would certainly be willing
to consider a revised plan. Any revisions should be clearly marked on the existing landscape
plan and submitted for my review.
I would appreciate a reply in the next two weeks indicating how you intend to proceed. If you
have any questions in this regard, please call be at 681-4698. Your cooperation is appreciated.
Sincerely,
ie Farnham
an
cc: Mike Ridley
Craig Knudson
Rozanne Whitter, St. Francis Woods Townhome Association
Fees: $200 investigation (non-refundable) City of Eagan
,$&D license pro ra.f&d A37 So �o�r Tune, 3830 Pilot Knob Rd.
License Term: July 1 -June 30 Eagan, MN 55122
CITY OF EAGAN 661-4600
APPLICATION FOR MASSAGE THERAPIST LICENSE Fax: bel -4612
This form must be filled out by typewriter or by printing in ink by the.sole owner, the individual seeking a
massage therapist license.
TRUE NAME: � e-
/ �/*t'c �r` OB:_.!kJ_0_L 6 a_
First Full Middle Maiden/Last
RESIDENCE ADDRESS:3 _ OD O -ed^-?— ,4 -V -e Lq " rn y O
Street City State/Zip
RESIDENCE PHONE: BUSINESS PHONEti
BUSINESS NAME: d GLS ,.e
BUSINESS ADDRESS: l any' / �. /79/V /d-�
Street / City State/Zip
I. Is the applicant licensed in any other community? Yesl� No
If yes, where:_ i�22,11,i-cf/K_
2. Has the applicant been denied a massage therapist license by any licensing authority? Yes No -JC
If yes, describe:
3. Each applicant for a massage therapist license shall furnish, with the application, the following:
a. A diploma or certificate of graduation from a school approved by the American Massage Therapist
Association or other similar reputable massage association; or
b. A diploma or certificate of graduation from a school which is either accredited by a recognized
educational accrediting association or agency, or is licensed by the state or local government agency
having jurisdiction over the school.
C. A certificate of National Certification for Therapeutic massage and Body Work by the National
Certification Board of Therapeutic Massage and Body Work, an affiliate of American Massage Therapy
Association.
4. If you have ever used or been known by a name or names other than the true name given above, list such
name(s) and information concerning dates and places used.
Front and side view photographs must be provided.
5. Address(es) at which you have lived during preceding five years. (Begin with present or most recent address.)
No. & Street City & State Dates
/GAS c I C. .i -2 SU,i/ 1� 5:5 �s
�:Lpy
j"5v,. ,%rte .
re-, . _ �-r^ %7'�r�r-�J �'. i'/ /�'!r1/ ��33 7 �Zj V`
6. Occupation history for preceding five years. (begin with present. or most recent.)
01
vecupationIL -Employer or Name of Business
/,Y/j e96L ,'ke zk) Ile Mlv-" _ S 5 337 i9�
Address Ci /StatelZi .g•�to_19�
City/State/Zip p Length of Employment
7.
8.
6.95
Address
City/State/Zip
Employer or Name of Business
—to -19 ?--rL
of Employment
Occupation kk Emplo er or Name of Business
3 19 f!2 to_j9
Address City/State/Zip Length of Employment
*Attach additional sheets if necessary
Have you ever been convicted of any felony, crime or violation of any ordinance, other than traffic? Yes
No-tZIf yes, give information as to the time, place and offense for which convictions were had: _....
List the names, residences, and business addresses of three people, (prefer residents of Dakota County) of good
moral character, not related to the applicant or financially interested in the premises or business, who may
be contacted as to the applicant's character:
Name Phone—
Address, /h�✓ 575 3 3
Business Address fa•-rti-E
Name c#- i Phone 'i�alt ^"s-7 57&
Business Address
Name �` GLS-, Phone 67 71 - AC Y
1/.3 ►fir, YiWY'//,, AA/
Business Address il-11f 1410 LI: 61 -A -,s4 .A✓e J� AYi ., 6� in4 3 3 a (- 6 6l
Date: q—a3 ��
Subscribed and sworn to before me
this Z-3 day of19,0
(seal)
Notary Public
nc •SNA E. KIVI
a.. r.
WMARY IUq�i . NIVNF N
DAnJiA CiOUN
Mr s. +� .131.2W
r
ture of Appy
;;igiialure
} dtV of Cagan
police department
PATRICK GEAGAN
Chief of Police
RICHARD SWANSON
Captain Patrol & Investigation
JAMES SEWALD
Captain Administration
3830 PILOT KNOB ROAD
THOMAS EGAN
EAGAN, MINNESOTA 55122-1897
Mayor
PHONE: (612) 681-4700
TDD: (612) 454-8535
PATRICIA AWADA
FAX: (612) 681-4738
SHAWN HUNTER
SANDRA A. MASIN
THEODORE WACHTER
Council Members
THOMAS HEDGES
City Administrator
Date: September 27, 1996
E. J. VCS
ClekRBEKE
To: Eagan City Council
From: Detective Doug Matteson
Subject: Massage Therapist License
I. Introduction
I have conducted a background investigation for an application for massage therapist license on
Lucille Maghrak/Rafiei dob 6-2-62. Ms.Rafiei has made application to conduct massage therapy
at Body Wellness Massage Center, 2121 Cliff Dr. #214 in Eagan.
II. Background Checks
Criminal history checks were run with the Burnsville and Apple Valley police departments
which is listed as her place of residence for the past five years. In addition, N.C.I.C. and B.C.A.,
drivers license, and warrant checks were completed. All of these queries came back with no
indication of any criminal record.
She has completed the necessary training from the Minneapolis School of Massage, Inc, which is
a business or trade school licensed by the State of Minnesota. Further, she is currently licensed
to practice massage therapy in Burnsville, Minnesota.
III. Conclusion.
A review of the application shows that all proper documents have been submitted with this
application. Based on the above information, I find no reason to deny a license for massage
therapist to Lucille Maghrak/Rafiei.
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirmative Action Employer
;.:; .Z
c�
Fees: $200 investigation (non-refundable)( „1 City of Eagan
V`
• $50 license � � E830 Pilot Knob Rd.
License Term: July 1 -June 30 ��� Eagan, MN 55122
CITY OF EAGAN 681-4600
APPUCATION FOR MASSAGE THERAPIST UCE E� Fax: 681.461=
This form must be filled out by typewriter or by printing in ink by the sole owner, the individual seeking a
massage therapist license.
TRUE NAME:_ —A N N t TuD t -n-4 ,UD -LI NSQ DOB: bJ (5� —6Z -
First Full Middle Maiden/Last
RESIDENCE ADDRESS: a 34 S br 4, o I S51I
Street City State/Zip
RESIDENCE PHONE: (o? SID ' IOQ9 S BUSINESS PHONE: ( 6 1 (o 3 00
BUSINESS NAME: Q q -t)
BUSINESS ADDRESS:. I S ra S -T"h n rrn , 0,ev)-fV 1r D ri i H 'Pct a a n I til A; 5 i a
Street City 'J State/Zip
1. Is the applicant licensed in any other communi 9 Yes X No
If yes, where: Ed r►JA L� c2 n S # C1C l �-ISJ Ocf q LJ_
2. Has the applicant been denied a massage therapist license by any licensing authority? Yes No X
If yes, describe: $ _
3. Each applicant for a massage therapist license shall furnish, with the application, the following:
a. A diploma or certificate of graduation from a school approved by the American Massage Therapist
Association or other similar reputable massage association; or
b. A diploma or certificate of graduation from a school which is either accredited by a recognized
educational accrediting association or agency, or is licensed by the state or local government agency
having jurisdiction over the school.
C. A certificate of National Certification for Therapeutic massage and Body Work by the National
Certification Board of Therapeutic Massage and Body Work, an affiliate of American Massage Therapy
Association.
4. If you have ever used or been known by a name or names other than the true name given above, list such
name(s) and information concerning dates and places used.
1 Front and side view photographs must be provided.
5. Address(es) at which you have lived during preceding five years. (Begin with present or most recent address.)
No. & Street City & State Dates
-S+,�DQg • QJE1�� � X15 -95 Pre e-af
:�0I LAri�y r i��r Moe 5•E*3U7 Mlnneaa0115 MPJ (o -P--9O— 5-30-2,
6. Occupation history for preceding five years. (begin with present or mt� - recee
Masse sera 15f . a
Occupation J -1 �'-`^'`EinVoyer or Nam'" a o'� Business
3 q 0 G t1.� � � `f a cS �Q I C ct M 19 ON 0-19 Pkes a+
Address City/State/Zip Length of Employment
(Sf�ll E.r.ployed�
7.
PR.inciplc.r tct un1Vt(s-±a� Mlnpeso-Z.
Occupation Employer or Name of Business
_ A cn y E ufOird /4112 . 5+ • I?' i4u. l M N 551 O B19g� to_19 6
Address City/Statwzip Length of Employment
Fd�ne�iY IDS
Ac(min15���i�e 1st if M K=I�1 4NCIdi �idV15�rS a,NaNeia�serv�Ks
Occupation Employer or Name of Business
TO ui-e.,r 10 MinaaR611.5 MN 664L40 19_to_19
Address City/State/Zip Length of Employment
*Attach additional sheets if necessary
Have you ever been convicted of any felony, crime or violation of any ordinance, other than traffic? Yes
No-.:?�, If yes, give information as to the time, place and offense for which convictions were had:
8. • List the names, residences, and business addresses of three people, (prefer residents of Dakota County) of good
moral character, not related to the applicant or financially interested in the premises or business, who may
be contacted as to the applicant's character:
Name Sworn POV1iOd , Phone 6►a ba5-99 19 WK)
Address. ISS S i...Ise Wood D+,. M a I.C6,Qo od . YY1 n 551Q 9
Business Address_ UnL of MN 199W Buford -&-e- 218 CLI+ 04a1d9. 5t.1 ,,,/ MPJ SSlQB
Name fra n Phone
Address f� u e_ i n ►� e a I i'S N 5 1(J
Business Address AMcX EWANCIA1 j3dUISorS (D5 T'oWer ��� M+nne-Qpolis %1N Z V410
Name Denel 2o N 1 N Phone%1 5 940 48
Address S 41 L1 5ig ry 1 -en Ro ctcl , f, L.o u r i , P.4r k M N 55 Y a to
Business Address -M e i-ro Wc5 r K Ce✓ l F r 71 Ll S 44ct r r I e i A e S SAA., Id M" SSS/a3
Date: 9- z O - �
Subscribed and sworn to before me
this &4- 4 day of 5,u mr.,xL19Q&
(seal)
Notary Public
ZDAVID CLOUD
Ea:
M-MMI M
6.95
Signature of A licant
49,11ature:
dtV of aCIgan
3830 PILOT KNOB ROAD
EAGAN, MINNESOTA 55122-1897
PHONE: (612) 681-4700
TDD: (612) 454-8535
FAX: (612) 681-4738
police department
PATRICK GEAGAN
Chief of Police
RICHARD SWANSON
Captain Patrol & Investigation
JAMES SEWALD
Captain Administration
THOMAS EGAN
Mayor
PATRICIA AWADA
SHAWN HUNTER
SANDRA A. MASIN
THEODORE WACHTER
Council Members
THOMAS HtDGES
City Administrator
VE
Date: September 27, 1996 E. J. VCS Clerk
ClekRBEKE
To: Eagan City Council
From: Detective Doug Matteson
Subject: Massage Therapist License
I. Introduction
I have conducted a background investigation for an application for massage therapist license on
Anne Judith Brudzinski dob 6-15-62. Ms. Brudzinski has made application to conduct massage
therapy at Lifetime Fitness, 1565 Thomas Center Drive in Eagan.
II. Background Checks
Criminal history checks were run with the Roseville and Minneapolis police departments which
is listed as her place of residence for the past five years. In addition, N.C.I.C. and B.C.A.,
drivers license, and warrant checks were completed. All of these queries came back with no
indication of any criminal record.
She has completed the necessary training from the Minneapolis School of Massage, Inc, which is
a business or trade school licensed by the State of Minnesota. Further, she is currently licensed
to practice massage therapy in Edina, Minnesota.
III. Conclusion.
A review of the application shows that all proper documents have been submitted with this
application. Based on the above information, I find no reason to deny a license for massage
therapist to Anne Judith Brudzinski.
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirmative Action Employer
1%�
3830 Pilot Knob Road
Eagan, Mn 55122-1897
(612) 681-4600
City of Eagan
Hauler Licensing Application
I '-TrAW 4566 hereby make application for a Refuse/Recycling license for the year���
Owner: STEM N D- ! tt�� �?5 4a j aw (i � &j L
miNN��Pod-1- L,' M) M19 (.PIz—` b 9751
City —r- c State Zip Telephone
Business Name: t0TP - W -(A-2 .OI. X --ax-- , 5565 NiZ1�c 17Ra U
Name Addrmo 6641
City State Zip Telephone
c �
Municipalities where presently licensed:I feJT IDorn%�'li/ n] ]SLS'
LICENSE TYPE: (check all that apply)
OResidential Dwelling*
&PRequired for haulers serving single family detached, duplex and four-plex units.
Recycling and compost vehicles may be included in the residential tate, if operated by a single company.
&PState, county, and city mandates require residential recycling opportunities be provided.
Additional requirements outlined in Hauling Ordinance as attached.
X AMultiple Dwelling/Commercial*
&PRequired for haulers serving commercial accounts and multiple family dwellings being serviced in a
commercial manner.
State, county, and city mandates require residential opportunities be provided for multi -family units.
A✓Permits/encourages, but does not require commercial recycling.
,;;'Construction/demolition debris vehicles may be included in multiple dwelling/commercial if operated by
a single company.
'PAdditional requirements outlined in Hauling Ordinance as attached.
®Residential Recycling
1PRequired for haulers performing residential recycling only for single family, duplex, four-plex and multi-
family residential.
Applicable to independent firms, subcontractors, and licensed haulers.
GConstruction/Demolition Debris
1+Required for haulers or contractors using containers greater than four cubic yards.
QAdditional requirements outlined in Hauling Ordinance as attached.
FEES: $50 for first vehicle/$25 each additional vehicle. I @ $50 + IS @ $25 i
TOTAL NUMBER OF VEHICLES TO OPERATE IN EAGAN:
MUST PROVIDE: Motor Vehicle Insurance Date of Expiration
Worker's Comp. Insurance Date of Expiration
Rate Schedule
*It is not the city's intent to add additional fees onto the license to provide for recycling and construction/demolition licensing,
provided that the a corresponding residential or commercial license is obtained.
f� e67,2��F�c r �r /� &UZ410e is Sir N� mRir sem' bi aeaL� f
rizom i OSLUZA-K1 ('6 Coal
09-25-96 03:48PM FROM CITY OF EAGAN
TO 99726042 P002/002
3830i Not ignob Road
Eagan, MnX51222-1897
(6121,681-4&
City of Eagan
Hauler Licensing Application
tT.tfie�t i
I eh� S �Khereby make application for a Refuse/Recycling license far the year
Owae�r< Q Sd y�la
�(,_A51 w; a )l 't/S2 0
_1}e
• Name Address
City State Zip Tclophoac
Name Address
City State Zip felephne
°Municipalities Where presently licensed:IOelm "/l � '
$Tal I OF. F,
:LICENSE TYPE: (check all that apply)
_ tReW4eotial Dwelling*
®Required for haulers serving single family detached, duplex and four -plea unit.;,
®Recycling and compost vehicles may be included in the residential rate, if operated by a single company.
OState, county, and city mandates require residential recycling opportunities be provided.
(I)Additional requirements outlined in laauling Ordinance as attached.
i ■[Multiple Dwelling/Commerciale
®Required for haulers serving commercial accounts and multiple family dwellings hcing serviced in a
commercial manner.
mstale, county, and city mandato:% require re-Adential opportunities be provided For multi-fathily units.
Opermits/encourages, but does not require commercial recycling.
®Construction/demolition debris vehicles may be included in multiple dwclling/commcrcistl if operated by
a single company.
®Additional requirements outlined in Hauling Ordinance ac attached.
AKReaidiotial Recycling
®Required for haulers performing residential recycling only for single family, duplex, four -Mex anti multi-'
family residential.
®Applicable to independent firms, subcontractors, and licensed hauicrs.
i
` {Construction/Demolition Debris
®Required for haulers or contractors using containers greater than four cubic yul d, ,
®Additional requirements outlined in Hauling Ordinance as attached.
FEES: S50 for first vehiclel$25 each additional vehicle. -@S50+
3 n $25
TOTAL, NUMBER OF VEHICLES TO OPERATE IN EAGAN:
MUST PROVIDE: Motor Vehicle Insurance
Date of Expiration
Workor'8 Comp. Insurance ! nate of lixpiratipn
Rate Schedule
*It i. not the tsily'C intent to stdd additional fccc onto rhe license to provide for rccyetins noel r:pnctruetionlclernnlitic,n licrnxing.
provided that the a corresponding residential or commercial license is obtained.
i
SF,,.P-26 96 69:10 FROM:QUALITY WASTE 612-435-9764
09-25-9.6 02:33PM FROM CITY OP EAGAN TO 94359764
I
• I '
3830 Not `b Road
Bag . Uh 5;122-1897
(61� 68f
E
Ct dt
TO: 612 681 4612
P002/002
1,i Apo&A ian I
1,
hereby umkc wplicadoe fbr a Refow/R,ecyelipe Recuse bbr the; 1996
; Ownir: Joh5 Trulson 14296 Rutgers St,
Name 1 Addren
Paw Lake MN 55312 445-8431
City Steta Zip utephoirc
6nsfotiaoe t]ua.lity Waste Central. Inc, 1901 W. 1 bbtli Street i!
Name - Adtirpas `
13urtu;ville` -6998 435•-1454
City .—link Zip 'I elEphottE —"+
i
Mntl liilid i4we presently lfiftasot _Dakota County : Lakev i'.le . Burnsville, I
Rosemount, : Apple •Valley and Eagan.
LdCENBE T1 PF: (chock all Owt reply) E
_ '. �C1�,1�eatiw! ihwllia8"
(VRequtted for haulers n"Ing aingle tl:mily dutaAcd, duplex and E6tff- Elcx units. i
ISRecycling and a mpmsevehielm my be Included In the ree9dendttl rate, iroperated by o &gle unpany.
29tate..county, and city mandates requiro raaidentlai reeyelinp opppltunitics be provided. '
MAdditional Mquitem is outlined in Haulm$ drdirimmw nttsclitid.
�.,. � +�1NitlHttld DLwnAteftbatntereirt• � !
ORequlred for haulera acrving commanirl tuxounts and multiple family dw ding being serviced in It
ammmulal mwner. I
(3)Statr., rmmty, Ewd city m■nAsI t require realdential nppnrtunideq pe wnvided for rnulll-lb mlly nniw, .
Varmiis/e8cout8 M but doer not tbquim commercial recycling - I
MConstmcdonidemoiition deliria vebielur a* be Included in muhiple dwelling/commerdlal if nWawd by
a Awe Canw-y. i
MAMdonal rewhernants outlined in F1aulh* Ordinance a attached,
I E
ilt�'slbeatlat 1Rreeyelto�,
011equlmd Rr haulers performing residential recycling only for aiilglc thmiiy. duple, fair -plea and muill-
f ffnily residential.
' OApplicabis to iudepcndent liana, s utEEHE»n9, and liowad healon.
.X.--4CvnljbvelloaiDsvoddcn Debris
CDttequlrad hr haulart or oentracton acing conralneve sumer than four Cuble Yord«
Qmditlnnal mquiremenn oudined In 1Haulln8 flyd M94 Els uuw- Eld.
rF r1s $50 for first vehIcIdU5 each addrkional vehicle. �- �j $30 t @ $25 = ►
TOTAL 14UMBI R OF V210CLSS TO OPERATE XK FAGAW.
MUST PROVIDE; �, Motor Vehicle Inattrm" ; Date of h:tplrsdm
WarksOs Clemp. lnvAmeae ��_ rate or Iigpseethm
Rate Schedule
+It is mat the ciry's intEvrt to add additir wl fen%cmin the liranAa to prrivide for reach g and conslmlionldmilition Homing.
p avided that the a eontWonding rzidmtiel or eoo+et+achd Ilawo is Ahtalnod. I
1� I
R-96% 612 435 9764 09-26-96 09:19AM P002 1$37
1
� I I
I '
� I I
383 Pilot "bb Road
Eagan, Mn 55122-189'1
I (612 681-4600
City of Eagan
Hauler Ydcensing Application
I,�ana fu�'n,e►- hereby make application for a Refuse/Recycling license for the year
1 -
Ago ess
City _ / State Zip �-7 / v�Telephone / 7
Business Naare:! �2GK fly Cp/tnryw� / Co /�Gf/• f7`lt/� ►J .
NameAddress
�_ � a- 6_
:City j Slaw Zip Tcicpliuuc
i
111unicipalities.where presently licensed:
LICENSE TYP�t (check all that apply)
_ O'ReaidI ntial Dwelling* j
-Required for haulers serving singlc family dctachal, duplex and four-plex unite.
vRecycling and compost vehicles may be included in the residential rete. if operated by 2.Ingle cornpony
bState, county, and city mandates require residential recycling opportunities he provided. !
�Additlonnl rcqulremenu outlinW in Hauling Ordinance as attached.
I
9Mult$le Dwelling/Commercial•
yRequlred for haulers serving commercial accounts and multiple family dwellings bcipg serviced in a
commercial manner. I
4AState, county, and city mandates require residential opportunities be provided for multi-fh�lily units.
-Permits/encourages, but docs not require commercial recycling.
aConstruction/demolition debris vehicles may he included in multiple: dwelling/commercial if operated by
a single company.
Additional requirements outlined in Hauling Ordinance ac :trached.
QRettidentiAl Recycling '
4*Rcquircd for haulers performing residential recycling only for singic family, duplex, N1 plex and multi-;
family residential.
PApplicable to independent firms, subcontractors, and licensed haulers.
OConsGuetionlDemolitioo Debris
9;'Requircd for haulers or contractors using containers greater titan four cubic yards.
Additional requirements outlined in hauling Ordinance as attached. '
� I
tusl $50 for fiat vehiclelS25 each additional vehicle. $50 + @ $25 =25V�
TOTAL NUMBI R OF'V19HICLES TO OPERATE IN EAGAN-
MUST PROVIDE: Motor vehicle Insuranea Nile of Expiration
Worker's Comp. Insurance nate of Expiration
Hate Schedule
*lt is not the City's intent to add additional fees onto the license to provide for recycling and constniclioNde'molition licensing,
provided that the a'oorresponding ausiduntial or commercial ljccnsc is obtained.
110-03-36 11:42AM FROM CITY OF EAGAN TO 943246`::3
3530 prat Knob Road
Eagan, Mn 55122-1897
(612) 681-4600
C't of �a an
P002/002
Yv g
Hauler Licensing Application
Joan ,
1, Herinin senherehy make application for a Re.fuse/l cling license for tie year 96
au Henningsen, Pres. 16306yFairgreeri Ave.
Owner: Joan Henningsen, V.P. Rosemount, MN. 155068
Name Address
City State Zip
Henningsen Construction Service,
pusmess Nantc.
Name
Rosemount,
City
MN
State
Address
55068
Zip
432-4693
0C'
Telephone
nc., 16306 Fairgreen Ave.
432-4693
Telephone
114unicipalities where presently licensed:
I
LICV,NSE TYPE: (check all that apply) j
_ OResideatial ]Dwelling*
:;;�,Rcquircd for haulers .serving single fatnil�� detached, duplex and fUur-plex Unite
Recycling and compost vehicles may he included in the residcntia l rate, if operated by o sing le company.
State, county, and city mandates require residential recycling oppnrtunitics bo provided.
Additional requirexneul, uutlinud in Hauling Ordinance w attachdd.
i
*Multiple Dwelling/Oommercinl* i
*+'Required for haulers Serving commarciut accuuutS and multip)c family dwellings being. Servicad in a
commercial manner.
a'State, county, and city mandates require residential opportunitiesibe provided for rnulti4atnily units.
,,- tTermiis/encotlrages, bUT does not rcquirt: wuuucicial rc4ycling.
,*Construction/demolition debris vehicles may be included in multiple dw+clling/commercial if operated by
a single company.
Additional requirements outlined in Hauling Ordinance as atta0i6d.
I
OResidential Recycling
IZ-111cquired for haulers peri'orming residential recycling only for single rauiily, oupiex, four-plcx and nluld-
famiiy residential.
ap>Appticable to independent firms, subcontractors, and licensed haulers.
OConstruction/Demolition Debris i
,*Required for haulers or contractors using containers greater than Your cubic yards.
'PAdditionfal requirements outlined in }lauling Urdinance as attachpd.
;F VES: S50 for first vehicle/$25 each additional vehicle. 1 _ (n) t;su + ? (tri $25 = 100-00
TOTAL NUMBED OF VEHICLES TO OPERATE IN EAGAN:
* MUST PROVIDE: X Motor Vehicle Insurance 5 / 2 4 / 9 7 Date of Expiration
X-^ Workcr's Comp. Insurance: 5/ n#de of Expiration
)C- Rate Schedule
It is nut the city's intent to add additional fccs onto the license to provide for recycling .and conslnictipriMemolition lieensin4,
prvvioc(t that the a corresponding roidential or cx)rrnnercial license i -Q obtained.
I
*Note: Insurance certificates being mailed by.agent 10/3/96.
09-27-96 08:15AM FROM CITY OF EAGAN
TO 94885096
P002/002
3830 PiloKnob Road
Eagan, Nin 55122-1897
(612) 681-�000
City of Eagan
Hauler Licensing Appliraiiun
hereby make application for a Refuse/Recycling license for the year. 7
'1
Uwiter S. ��(ti2 SPI V„),n �F�lPc' �' A
Name
rs 1 �T - Address
City State D11 sz � n
J��/ Zip / Teleplhone/i
Sasinecs Nainr_LW'I I /� ! r l Or 1 lo i� .r14 A)C_ C.�lb �Ci GC (JS C�� Lfi 1l l
C,-)" Ivy Ifl Name S
� ,� , Address
City s- tate-� �/
Zip Telephone
Municipalitiics where presently licensed: -7')
LICENSE TI lj E: (check all that ap�Iy)
ORCsidentisl Dwelling's
I
';;2'R,'g11ired for haidcre ser,. S single fatttily detached, duplex and four-plcx Units.
'"'Rc cycling and c ytnpost vehicles may he included in the residential rite. if operated by ti �4119lc company.
State. county, and city mandates require residential recycling opportunities be provided.
&-Additionul requirements outlined in Hauling Ordinance ac attached,
eivlpl'pie Dwelling/Corrtmercial*
I; -,'Required l'af houlors serving commercial accounts and multiple farniiy dwellings being serviced in II
commercial manner,
QState, county, and city mandates require residential opportunities be provided for multi•11mily units.
4-"t'Crm3it5/encuural;es, but docs not require commercial recycling.
'Construction/demolition debris vehicles may be included in multiple dwelling/curnmercial if Operated M
a single c 3mpany.
QAddjaonaI requh crnents outlined in Hauling Ordinance as attached.
®Residential Recycling
--c'Rcquircd for haulers performing residential recycling only for single farniiy, duplex. fibur-plex and multi
family residential.
G�Applicabic to independent firms, subcontractors, and licensed haulers.
OCo�s uction/Dentolition Debris
QRequired for haulers or contractors using containers greater than four cuhir.
'Additional requir,:ments out]ined in Hauling Ordinance as attached,
FEES: S50 for. fir ;t vehicle/$25 each additional vehicle,$25 00
@ $50 + — ' = --- _
TOTAL INUMO EiR OF VEHICLES TO OPIERATF IN EAGAN:
MUST PROVO: Mohr Vchicle Insurance
Worker's Comp. Insurance 6 rJ F I L -,E Dale of xp rayon
Ratc Schedule nares of Exp' ,tion
h is not the citly'j intent to add additional fees onto the liecnsc to provide for recycling and construction/dem
provider[ That tilep
x corresponding resider tial or cuunercial license is obtained. Ltion
I '
ii
s;
' CITY OF EAGAN
3830 Pilot Knob Road
Eagan, MN 55122
(612) 6814600
APPLICATION FOR ON SALE LIQUOR LICENSE
EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. if a
partnership, a partner shall execute this application. If this is a first application attach a copy of the articles
of Incorporation and -laws
Applicants Name (Business, Partnership, Corporation) Trade Name or DBA
ARG Enterprises, Inc. Stuart Anderson's Catty Company_
Business Address
Eagan Promenade
Business Phone Applicants Home Phone
,tbd , , 415 , 949-6400
City tp Code
Eagan, Minnesota Dalwta MN
Name of Restaurant Manager Manager DOB License period
To be determined From: To:
If a corpora tion,give name,tkle,oddress,phone numbers and date of birth of each officer. If a partnership,give name, address,phone
m er and date gf birth of each g riner.
Partner/Officer Full Name and Title
SEE ATTACHMENT
Address Business Phone Home Phone DOB
Partner/Officer Full Name and Title
Address Business Phone Home Phone DOB
Partner/Officer Full Name and Title
Address Business Phone Home Phone DOB
LICENSE TYPE:
X ON -SALE RESTAURANT
ntt,r. or
3400 sa fAmountAoor area
260 (where alcohol is served)
40 Number seating
11am-11Dntlours food available
100-1251umber employees
ON -SALE HOTEL
Amount floor area/
dining room(s)
Seating/dining room(s)
Hours food available
Number of guestrooms
ON -SALE CLUB
Amount floor area/
dining room(s)
Sealing/dining room
Hours food available
FOR CLUB LICENSE ONLY:
Date of Incorporation'
Purpose of Club,
Number of members--
Mem-Board
embers-C? u-er and of Dire. tors.Mana r -
Full Name Address- DOB
Full Name Address DOB
Full Name Address DOB
During the past year has a summons been issued under the Liquor Civil Liability Law MS 304A.802?
Yes _ X No If yes, attach summons copy.
Has Applicant or any of the Associates been convicted during the past five years of any violation of federal,
state or local liquor law?
_g Yes No If yes, give dates and details. SEE ATTACHMENT
Are any taxes,essessments or utility bills for the premises unpaid or deliquent? Yes X No If yes,
give reasons.
Have you ever had a license suspended or revoked? X Yes No If yes, give dates and reasons
for action. SEE ATTACHMENT
What vendor of amusement devices will have machines on the premises?
Name of vendor Address # of Machines
D e s c r i b e p r o p o s e d
entertainment:
DOCUMENTATION:
Provide two copies of Articles of Incorporation for each corporation with financial involvement.
Provide financial statement of net worth for all principals who have at least five percent (5%) interest in the
business, partnership or corporation. The statement must be prepared by a CPA.
Complete a general information form for each business, partnership or corporation.
Complete a personal information form for each person who has a five percent (5%) interest in the
business,partnership or corporation.
Provide a Certificate of Search from the U.S. District Court for any pending civil or criminal action.
Provide Certificate of Insurance covering liquor liability.
15/A °1 °I
Date
Subscribed and sworn to before me
T
this r'`- day of
C
Notary �lW� �. -7
-seal- USA & TORR Nary Pubic s kt(TA (11+44 County
CORWnkdon # 1092299 My commission expires.—MADE _cf . -21) c�o
-.
1440tayPuaic—CaftM10
Santa Ciao County
My Comm. Expkes Mar 24,200D
POLICE DEPARTMENT REPORT
�/ - 657 670�,'
'°-7(Sc Date VDepartment Title Sig
ARG ENTERPRISES. INC.
OFFICERS
Position
Name
Home Address
Date of Birth
Chairman and
Anwar S. Soliman
375 Camden Place
03/05/38
Chief Executive
Laguna Beach, CA 92650
Officer
714/497-0039 res.
714/7214M off.
President and
Ralph S. Roberts
880 Hillsborough Blvd.
07/19/42
Chief Operating
Hillsborough, CA 94010
Officer
415/579-7620 res.
415/949-64W off.
Vice President,
William J. McCaffrey, Jr.
2525 Ocean Blvd., Apt. G4
06/29/46
Chief Financial
Corona Del Mar, CA 92625
Officer, Treasurer,
714/675-6468 res.
& Asst. Secretary
714/721-8000 off.
Secretary
Patrick J. Kelvie
36 Jennings Lane
09/12/51
Atherton, CA 94027
415/364-5950 res.
415/949-6400 off.
Assistant
Janice L. Martin
1021 Salt Court
09/01/52
Secretary
Redwood Shores, CA 94065
415/596-3787 res.
415/949-6400 off.
Assistant
Heidi B. Gotlieb
780 Arbor Road, #4
09/16/61
Secretary
Menlo Park, CA 94025
415/328-4810 res.
415/949-6400 off.
8/96
Liquor License Violations 1991 - Present
Date:
8/2/91
Location:
Stuart Anderson's
Cattle Company, Honolulu, HI
Issue:
(1) Failure to
register eleven employees with
commission and (2)
Failure to maintain log of
manager's hours.
Outcome:
$500.00 fine
Date:
12/27/93
Location:
Stuart Anderson's
Cattle Company, Pearl City, HI
Issue:
Permitting consumption of liquor by a minor.
Outcome:
$1,000.00 fine
Date:
5/12/94
Location:
Stuart Anderson's
Black Angus, Lynnwood, WA
Issue:
Service to a minor.
Outcome:
$1,500.00 fine
Date: 6/23/94
Location: Stuart Anderson's Black Angus, Lynnwood, WA
Issue: Service to a minor.
Outcome: $7,500.00 fine
Date: 9/19/94
Location: Stuart Anderson's Cattle Company, Pearl City, HI
Issue: (1) Service to a minor, (2) Failure to have a
manager who was registered with liquor commission on
duty.
Outcome: $1,000.00 and $350.00 fines, respectively
Date: 11/18/94
Location: Stuart Anderson's Black Angus, Northridge, CA
Issue: Service to a minor.
Outcome: $2,000.00 fine
Date: April 12, 1995
Location: Stuart Anderson's Black Angus, Lynnwood, WA
Issue: Allowing an obviously intoxicated person to consume
alcohol.
Outcome: $2,000.00 fine
Date: 2/23/96
Location: Stuart Anderson's Black Angus, San Lorenzo, CA
Issue: Service to a minor.
Outcome: 10 -day suspension, all stayed.
CI1Y OF EAGAN
3830 PILOT KNOB ROAD
EAS, MINNESOTA 55122
PART I - GENERAL, INFORMATION
DIRECTIONS: This form must be filled out in duplicate with typewriter or by printing in ink, If the application is b a
natural person, by such person; if by corporation, by an officer, thereof; if by a partnership, by one of the y
an unincorporated association, by the manager or managing officer thereof. Partners; if by
out and attached for each individual whose names appear on this applicationjpersonal information forms must be filled
I. NAME OF APPLICANT: ARG n
TYPE OF APPLICANT: Individual Partnershirp
P _ Co orauon/Association __Other
2. Name under which applicant will be doing business (Name of restaurant or hotel); business address ress and telephone
p
BUSINESS NAME
BUSINESS ADDRESS _ .a goo DraMw not yet
Street PHONE
State ✓ J Zi
IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION, NAME OR STYLE OTER THAN FULL INDIVIDUAL
NAME OF THE APPUCAN . ATTACH A COPY OF THE CERTIFICATE AS RE UAL
STATUTES, CERTIFIED BY THE CLERK OF THE DISTRICT COURT. REQUIRED BY MAPTER 333, MINNESOTA
3. (a) INDMDUAL: state name, residence, business address and telephone numbers.
NAME N/A
rzsr
RESIDENCE ADDRESS
Street
Last
PHONE
BUSINESS ADDRESS City State Zip
Street PHONE
City State
Zip
(b) The name, residence address and telephone number of the manager, proprietor or other agent in charge of the
individual owner's premises to be licensed.
NAME
First Middle Last PHONE
RESIDENCE ADDRESS
Street
City
1
State
Zip
BUSINESS ADDRESS
StreetPHONE
City -State -Zip
(b) The managing partner will be:
(c) The name, residence address and telephone number of the manager proprietor or other agent in charge of the
Partnership's premises to be licensed.
NAME
First
RESIDENCE ADDRESS
Middle
Last
PHONE
Street
City -State -Zip
IF THE APPLICATION IS FOR A PARTNTERSHp, ATTACH A TRUE COPY OF THE PARTNERSHIP AGREEMENT AND A
COPY OF THE CERTIFICATE OF TRADE NAME UNDER PROVISIONS OF CHAPTER 333, hC NNESOTA STATUTES,
CERTIFIED BY THE CLERK OF DISTRICT COURT.
5. (a) CORPORATION/ASSOCIAMON: give name of corporation or association, address, phone number and state of
incorporation.
NAME ARG Enterprises, Inc. STATE OFINC/M CA
ADDRESS 4410 E1 CAmino Real, #201, Los A1,tos, CA
Street PHONE 415/949-6400
City -State -Zip
`a
4. (a) PARTNERSHIP: state name, residence, business
address, telephone numbers and interest
partnership.
of each member of the
NAME NI A�
First
Middle
Last
INTERE%
RESIDENCE ADDRESS
Street
City-State-Zip
PHONE
BUSINESS ADDRESS
Street
City -State -Zip
PHONE
NAME
First
MiddleLast
INTEREST %
RESIDENCE ADDRESS
StreetPHONE
City -State -Zip
BUSINESS ADDRESS
Street
City -State -Zip
PHONE
NAME
First
Middle
Last
INTEREST %
RESIDENCE ADDRESS
StreetPHONE
City -State -Zip
BUSINESS ADDRESS
StreetPHONE
City -State -Zip
(b) The managing partner will be:
(c) The name, residence address and telephone number of the manager proprietor or other agent in charge of the
Partnership's premises to be licensed.
NAME
First
RESIDENCE ADDRESS
Middle
Last
PHONE
Street
City -State -Zip
IF THE APPLICATION IS FOR A PARTNTERSHp, ATTACH A TRUE COPY OF THE PARTNERSHIP AGREEMENT AND A
COPY OF THE CERTIFICATE OF TRADE NAME UNDER PROVISIONS OF CHAPTER 333, hC NNESOTA STATUTES,
CERTIFIED BY THE CLERK OF DISTRICT COURT.
5. (a) CORPORATION/ASSOCIAMON: give name of corporation or association, address, phone number and state of
incorporation.
NAME ARG Enterprises, Inc. STATE OFINC/M CA
ADDRESS 4410 E1 CAmino Real, #201, Los A1,tos, CA
Street PHONE 415/949-6400
City -State -Zip
`a
(b) The name, residence address and telephone numbers of all officers of said corporation or association.
PRESIDENT qEF. ATTACHMENT
•
RESIDENCE ADDRESS Name PHONE
Street
VICE PRESIDENT City-State-Zip
. Name PHONE
RESIDENCE ADDRESS
Street
SECRETARY City-state-Zip
RESIDENCE ADDRESS Name PHONE
TREASURER Street
City-State-Zip
RESIDENCE ADDRESS Name PHONE
Street
City-State-Zip
(c) The names, residence address and telephone numbers of all persons who singly or together with their spouse and
his ss her parents, brothers, sisters or children, own or control an interest in said corporation or association in
excess of S%. ARG Enterprises, Inc. is a wholly owned subsidiary of
NAME American Restaurant Group, Inc.
First MiddleLast INIERE`4T %
RESIDENCE ADDRESS
Street PHONE
NAME � City-State-Zip
First Middle Last INTEREST %
RESIDENCE ADDRESS
Street PHONE
NAME City-State-Zip
First MiddleIN77R.E T
RESIDENCE ADDRESS Last
Street PHONE
NAME City-State-Zip
First Middle Last MEREST %
RESIDENCE ADDRESS
Street PHONE
. City-State-Zip
(d) The name, residence address and telephone number of the of manager, proprietor or other agent in charge
corporation's premises to be licensed. g the
NAME Jeffrey Peter Alvord
First Middle Last PHONE 612Z443-3742
RESIDENCE ADDRESS 8534 Rhoy Street
- * General Manager for the 'plses has not City-�Sr to-ZZi
is the District Manager for our Min Yet been determined. A�vord
IF THIS APPLICATION IS FOR K CORPORATION OR llSl�vG�q� �pA�sA�' P81 �AI v�
INCORPORATION OR ASSOCIATION AGREEMENTS AND BY-LAWS. F
3
6. State the exact legal description of the premises to be licensed. Applicant must also submit a plat plan of the area
showing dimensions, location of buildings, street access, parking facilities,%and the locations of and distances to the
nearest church building and public school grounds. Lot 4, Block 2, Eagan Promenade,
Dakota County, Minnesota
7. How are the premises classified under the Eagan Zoning Ordinance?
PD
8. State name, residence, business address and telephone numbers of owner or owners of the building wherein the
licensed business will be located, if owner is other than the applicant.
NAME
First Middle Last
Street
PHONE 619/295-7400
City -State -Zip
BUSINESS ADDRESS 2565 Camino dei Rio South, San Diego, CA 92108
Street City -State -Zip
9. Where building is owned by other than applicant, state in summary conditions of lease agreement -term of years,
monthly rental, etc. (A true copy of the lease shall be attached). SEE ATTACHMENT
20.If building is owned by individual applicant, partnership, corporation or association state:
(a) Date of purchase N / A
(b) Name and address of person purchased from
(c) Purchase Price $ Name Street
(d) Amount of down payment $
(e) Who eurrently holds mortgage?
(f) Amount of Contract for Deed $
(g) Who currently holds Contract for Deed?
(h) Term of Mortgage
(i) Term of Contract for Deed
G) Rate of Interest on Mortgage or Contract for Deed
(k) State the rate at which Mortgage and/or Contract for Deed is being liquidated
0) Are the payments on Mortgage and/or Contract for Deed up to date?
City -State -Zip
11. State the gross amount of the investment that the application has in the business premises, including fixtures, furniture,
stock in trade, etc.
Approximately $ 2,206,259
12. Give full name, address, telephone number and the nature of the interest, amount thereof, terms of payment or other
reimbursement, of all persons, other than the applicant, who have any financial interest in the business, buildings,
premises, fixtures, furniture, or stock in trade. Cfhis shall include, but not be limited to, any lessees, lessors,
mortgagees, mortgagors, lendors, lien holders, trustees, trustors and persons who have co-signed notes or otherwise
loaned, pledged, or extended security for any indebtedness of the applicant). COPIES OF LOANS, NOTES,, ETC. SHALL
BE SUBMITTED.
SEE ATTACHED
13.State the floor number, *street number, general area, and the rooms where intoxicating liquor is to be sold and
consumed. (Applicant shall attach a floor plan of the dining rooms showing dimensions and indicating number of
persons intended to be served in the dining rooms, and indicating and identifying all other rooms and other areas
where intoxicating liquor is to be sold and consumed). PLANS SHALL BE DEVELOPED AND SUBMITTED.
SEE ATTACHED
4
14.What permits required by the Fede;al government by the Laws of the United States have been applied for or issued
for the premises? In what name were these applied for or issued and what is the nature of the permit?
NONE '
15 -What permits or licenses required by the State government by the Statutes have been applied for or issued for the
premises? In what name were these applied for or issued and what is the nature of the permit or license?
Building Permit - ARG Enterprises, Inc.
16.Are any real estate taxes, personal property taxes, special assessments, other financial claims of the City of Eagan
delinquent or unpaid for the premises; to be licensed? YES NO X if Yes, give details, including the years
for which such taxes or assessments are unpaid.
17 -Name, residence address, business address and telephone numbers of three persons, residents of Twin City Metropolitan
area, of good moral character, not related to the applicant or financially interested in the premises or business, who
may be referred to as to the applicant's character.
NAME Opus Northwest, L.L.C.
First Middle
RESIDENCE ADDRESS
street City -State -Zip
BUSINESS ADDRESS 800 Opus Center • 9900 Brea Rd. East
Street Minnetonka, MN 55343City-State-Zip
Kelly Green Irrigation Attn: Jack Kell
First
RESIDENCE ADDRESS
Street City -State -Zip
BUSINESS ADDRESS 8549 Thomas Ave. S
Street Bloomington, MN City -State -Zip
NAME T.E.S. Attn: Mark Engbarch
�
RESIDENCE ADDRESS First Middle
Street City -State -Zip
BUSINESS ADDRESS PO Box 240984 Arden Valley,MN
Street City -State -Zip
STATE OF 641-1FDRNiA
)ss.
COUNTY OFi9Nr/{ e t A )
Last
PHONE
PHONE 612/936-4568
Last
PHONE
PHONE 612/648-3922
Last
PHONE
PHONE 612/953-4444
being first duly sworn, upon his oath deposes and says thatshe is the person
h has executed the above application and that the statements made therein are true of own knowledge and belief.
scribed and swom to before me
,� -�
this Signed
1 day of ,19'N -
My commission expires 7_4 }92-O00 Notary Public,_ A R_ County
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Attachment to Part I - General Information
9. Primary lease term is for twenty-five years with two additional five-year option
periods, plus, under certain circumstances, one additional five-year option period.
The initial annual rent will be $197,600. Rent during the entire term will increase
by 5% every two years. Lease and Purchase and Lease Agreements are
enclosed.
12. The applicant, ARG Enterprises, Inc., is a wholly owned subsidiary of
American Restaurant Group, Inc. ARG Enterprises, Inc. is entering into a
sale/leaseback financing arrangement for the land and building (see #9 above).
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