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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; syr oak C%=P114S5A4DDftr o�Vg1WwQ (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 �ni�ss Boz 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(. aP =i W • .L1.4600 s 1 N Fp 9151 --- y t �•gg � i� ! �� Ez z ci ✓. S OA i I E — — � S O 1 V i e •� h' h� I ■ e w.L I .c° ° • O/ - W • .L1.4600 s W i 9151 --- y t �•gg � i� ! z OA 0. I E — — � , O 1 V i e •� h' h� I \l•Bit Z— — • .L1.4600 s W i 9151 --- y t �•gg � i� ! G .. � •..� ��; ,fit — — � 37 _ � - n yy r• - • :s ' •.r. moi• � v.0 001 , :■ 81i g8yi� •'iii f �� �� s�1cs-•�fL X��1 IIS ',• J i= 3: t St ria I.J12 v / I � W Y l t �•gg � i� ! G 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 mo— - •� - -� resat'=! r = F •tc �� _ ..i z m 7.; =LIL' e$ T €- m � �ci - •� - -� resat'=! r z m 91 2 m � �ci F z m m � �ci �• � Ftp 1 Fl =`s == •� 7. v Ol fl n ee • _ � FF .� {� IMA lit `1. k _ :,UF 0 z m m 0 0 z m m � �ci �• � Ftp 1 Fl =`s == •� 7. v Ml IMA lit `1. c i i• 0 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 g � TO 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 r' 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 I�: 1� 1 Iul 1 / 1�� 'UB UI 1 / 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 3 j i if at �!13is ISO I ii L=LI `�: M,u.00.00 f � I 3 j• �; i? � �� i i T l_ .. — — _.. oa•ior ...— — 1 { II 1■ N 7 W z I j:�"1''I I I ISI• l=:i i<j a�lf i h ' r. o i='L1-----� 3.AJAC.00 as C. I` ■ J I —06 _) a �7 f �� -•.w!. 1. ' I �iI\iiii 1.M w wn.w ��•• LIE f.:ww.•i. � ����.,•.w��. • .f t V'^.r.. w.'"... I. �+in f� ..uti. �w...wJ� �:. �•.. r v •'' I `.�'^':r�.: �ICtOY�/OMa X0141 �:IC'ON M't�i�0 •uw. f —....CCpI^a0o'.o0:.0d-1.2 'CLU d -V AM. A" 1N —• 'N'4r•C•�r= �1 _lo�• y—Cn N.' 1s7m, 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. t -f 3 +� .Sex- _ �.\\� .•.� ��� 3 � '.iNT:AN � � �_�y/' ` - . ar ICAO � I �-� e1 •�; G_ - rJ ,r .curs-A1AL `4bkwa 1 -ft T y` 8 1 C-WJTR7rOb J� wf r S- i` +l 1 Y y AllaC �� d: Arr CTLEXINC i 0 f4i Cal v' PARK ,���. wil �-•\S. POST a � f Col �b I LONE LAK i+GAa IONS LAK ICAC Awl \ ^' CLLOViEW DRii .ac> io '[OAC I T�Aw ti,rr we S_RVliW RD. A ., PAR AL PROPOSES VACATIONTA"RAC 0r. 9RC H OT. ` 3, rl �H NO"AT PT, rCmEsT mm Tp. RmW= PT. 1 r - — AWES PL p, r i , Car+ 51 I xv cam L 1 Cal, t/i� 9ClC'JrMyy �1 r �ri�• ,�A �T. �e ,`r , K 2 k imiPARK =u- Or 117 EAT AM m AIfA�1 114 D �►'� 1 - w MT WESCOTT 13— •:vES-aCGE ' tw. twQr 4g«..:++ , ar r n 1 S 1 ATICN w1 i^ Qo PARK _ ` �� ��r ;4 r FARM .� r CT RCR 39 Ie�I.Sr � V _,. er,� •• I � is CT •� J, ooK vl. 1S hx11PLEr �f `! o O ! r S1l *A ARK CT. T' AIc l # e ? I W 72 ��_ wESCOD" ROAD - � L'_'�� K ' � 1 •� + C P 15See -GAJ „Oai� % ,+ a aocE 2 PAR a' / � �.J I I t---� ea�r� i I aye �'� �► r+� k Lu Zt a 3f a � $ 210 SNI77O3 3X1W 09 121 T T-1 T (1 Y7d 06,66g) m V.S1.00 s Y311 oviss iz y7-7. OO � , x i0.9 i w .W., r S 4s , --' O, Q , tie < 4 . y��• ��7 0 —� —m; . OK: t� - i W �� W LAI -=• to fY t �� � a � 2 � � `•- N LAI . � O �,: n� • i i rl V Ir �] ow �� 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 SD • U33HS t .40 13316 33S M . .......... V 3N n LAJ uj a".96W s I I V) a ................. :. fix 0 + ......... 0 - if LLJ Al. a ion" I t r -- — --- I ` na i i✓r £ ew z 63is 1. 0D, Ln I CIO gait — -------------- - 7 c c A"_..',I tr : L :� — — —• K m f M.,6*,CZ.00S W- 7 c - L 91s �i , r?aR \ `. e'er � /' / � �ii � � = r! q- X— Me r Il lot 3 A'sum p 0006. be IW OD son, 7- — — — — — — a Stsmo 6 tot At 6., — — — — -e , ". , 'L... AT w - Boo-- rw- (PC 10 jfW r4, d C6 o" c" mo dd b:� I i i i. ,a.l a. W fly IC qprj P IA� "-pi rl %, - 'h0 7 '%, WK. 3 "SZ40 L '—ftxz—'w J) L Ct 'M 'if I. mum jr, (3nN3AV N0I9NIX31) •-4- •IM" L "Iff [Z'Ztcl C7rF Up C) E- 0 �i. Q 3 ;•'I �M W ewe X V r r I �Oi e e t t r " � app= a ■� gam, i _ J e•a rig A • o� pR z F--- --i a E ti€ G t�s --- —j i I I , I 42 -.'....... I iii .,.- _ .........• 3eA�� ieO• k. SLS1.00 s tL'665 ! ! M, xL's 600 s I cx; w in �f I _ e •n iwx�... S l'�99 Lo vla I • b •ae YY lY1•li.l—I — a aa... e.+ar' x. a e.-.. : +c•acc i M i t — �— _I rte,— —_ •tif • •0• -- — ' '' 13I'�f� �� _..I a ' ' _ I I sl.s•. eY• elle. ewe. m 7ea�i .�\ e 1Tli•1 �Y swl• lo. ea ►ip 'I —44 N �i iat ��l\, C Ic c•- to 9 — \� gaga U f f"�, 3 ' I � fid• •�— �E � 'c r�S�Dc— i- kn Irl •'71 : yfa ,•K- $ 11 r s Co 10 •• y4^ •� ISF— - �- I Z ' I —�— -- — d f. f NCOO i ------- ""—`------J --- - - - - -- -- s I 2'a I �; '� � -moi q_ L_ — •:� _ t-T II gA• :I � ..aum. � �]I ID -T -• -- ,I �> � I •• Ix n s •.e .� �� Ywa o fie eF I r.ee Yelrelee a sn ]frl-... r. '3001Z wl 'u louaa jc and usuums ao 3w .^,fl n c,, fa u w n rrn•n. — — — — — — 'J .K:cwe 5 loo Gv1.{)� - ..--d 3Nn olvh ...._..... Z r SAWS a io 133E 33- 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 ss SIE S� u 0 Q 0 0 o � 3 0 � 3 0 0 0 0 0 a n n cv kn 3 w; •a, = y, �• v w, a Emmis d L � V y U W � bo � C7 S� 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 34 X X X X 28 „ X � X X 27 X )( 20 r\n78 X'� a ' ` X X X X e 37 X 1 48 40 20 24 X. X 19 N 9 v j[ 7 /� 2 J� 2 X 47 X X 23X �[X 1s 3a X X 3 S x �4N7' "- C, x 17 10 X 6 -x 39 X 4 X 40 01 X '� X � 10 11 X & X �`S ►^— — _ ... ao snX � X X43 � sz X 15 12 � X �, a" X 4 X X X Q� 54 53 X 14 1a X 41 3 V 43 55 X � X x Nq�,� _ 2 I az se t 37 X X + Fey, X 1 60 50 x W -Is 82 81 X X X X W000 o � c� <% ING CR. 1 f v--. 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. S. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. L T3.&W.N WlW ADDRESS b4ejr clk "36 Wom c�L / 7.5 7 PRAWC 0Rnl6 t4 Bs L (c 8 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. O W| I l e 2 In ill r| f / /. ._.. ����w X� ��I■� -= - |E ON ��L��������w%�:� ■ � �- q ■` 0 F � . p0\ EASEMENT TG BE 1ACATI PARCEL TO BE TRA' EXIST• �:���- _ 9��'a` FROM LOT R, BL( HOUSE 2 ` !� �soo, ;r� TO LOT 2, BLO( / 3 ao a .0 o o / y01) 7BASS— -0 L 1 � � i 4.33 SEMEN \ N r EA \ .. 111 rr ... �'• .. .. 11 �, � ,` �, 1 \ 7 1 �L 1 � 1 a36'2� i N 66 oLip I %[Mar eEN,Irr ,NAT THIS PLAN WAS CONSULTING lNOINlEAf Ph %MNEv aT r[ oN uae[N rr vuccT DR70SIC FLRNN445 and LAND 3YRYETORS aurtavuroN NNe rN�r I.r • vuLT — -- NOINEEAING N[.IntNEe>>+ _, T.g vraEN THE MRa o. rN[ n►rt er COMPANY, INC. e.rE,_T�..rat 1000 EAST 14618 STREET, oURNSVILLE, MINNESOTA SS33T,, �Z 3000 REVISIONS 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. wagg" YANKEE DOODLE ROAD ">(CO. RD, NO. 28) vr-z' we t T - — — — — — — — — — — — — — -- It I vr-z' we Z X LJ aw tw rmc:-J it t T - Z X LJ aw tw rmc:-J it t HO RTY OAK POW CUMC - PHASE 1B AUNA MEDICAL GAOUP ELVING ftm Uhmota -& MOCUM Tw 606 UM GRANT MM=-XMNnMLW, MN 66404 (612) 332-4422 Project Number rem Date SAMS 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 i AT. - w CCS, EOC11 i.'oolowIIts Ian 11lrif n HE [in 0 C IN OCB Realty, Inc. ., City of Eagan Case No. 4-W-5-8-96 Zoning Map Current Zoning PID (Planned Development) N City of Eagan Community Development Department oCB Realty, Inc. .�.� City of Eogon Case No. 4-W-5.8-96 Comprehensive Plan Map Guide Plan Designation CPD Commercial Planned Development N City of Eagan Community Development Department ro7 t Nit fill i EXHIBIT C tt ttt tt, t� � fir t w ®nU 1N1M107 MrL'S 1501 11 11 cz U71 INTERSTATE HWY. NO. 494 ms� ��'Ma+co 1 1 HIGHVIEW AVE. Ica [pits� r�l � I � z i jI I 13 C3 HIGHVIEW AVE 3 n BRIDGEIIEW AVE 1 �V` z ' F i Hill a WOODS - - — DRI) ',gin....^r.-, `l• i' I .C.S.A.H. NO.N31 . r• _ �=— - _ . - •""'' ry �` I (PILOT KNOB RD.) , - . .,. _— --- --- PILOT KNOB ROAD C.S.A.H. NO. 31 :......... � t.1 as6l�RRR F E � � i C q t.YN [k 1 8 y.o�y p F 0 i EAGAN WOODS OFFICE PARK 2xn ADDITION EAOAN• MINNESOTA °' "' 101 °!tlIJ1iFRT IRAT sterrtTu SITE PLAN _ MUM 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. WZA �M;� P I R '1Q�P Dsmmn F Waiver & u � til li7 Dsmmn F Waiver & u Osman Properties, Inc. City of Eogan Case No. 4-W-6-8-96 Zoning Map Q N Current Zoning PF (Public Facility) city of Eagan Community Development Department a� z IN i r�hl kv it 9!"PW mm .�■ ■`amu■ ,,� r ■11111 mm ........... Z 1 Fria Designatic -%. Facility A 'm . AI r� � r• � -r-�� ti i rr r 10.005 P02 S a79-; 5 39• E C FENCE DN PRopeR I. r L,tyF ,-STORY FRAME SHM ON PROPERTY UTNE vl � Q% W odc� w ��Nwo maw o. NM NN Lt) r JUaCIAL LANDMARK SET PURSUANT .AM M. DAKOTA CO. DISTRICT COURT FILE N 177.13 74372 i 5 89°'18'14" W -��--EASTERLY EXTENSION OF 1 A DESCRIBED LINE I M w 00 —PARCEL Ta BE � EXCHANGED WN _. i w � wt SNI 00 REALTY CO.-- p104 w o y �O i { : POINT PROPOS { SE COIF I i I SE COR T. 271V, M EXHIBIT C jI11 1111 IIS 11 1 � {11t...a I% 11 .cz I INTERSTATE HWY. N0. 494 i � f r. ' c �• C! _J -Z� 40 -� °z VR 00 F�� GLV LOSS I ��y �d ! TL + lip UC �3 appy al it � � awl lip o I AVE HIGHVIEW AVE ® I U o CA ®® tom! US Lr wea( _ HIGHVIEW AVE. I I ICFI c d i — dRIDGEVIEW AVE. �� Ct3 C3 ca 071 N 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 r 9.90 USA & TORR 5CdcnisMo i 1092299 L%-Wp�w NC*nPAS—Cd&samCiaoCOLM y CoalsEwbm Mac 24. 0 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). IiP-A 41 p e,lEfi�jfl±� - N1RJV3 c e � _- N 3a MWOad NVDV3 • I Il,fr:�� ANVclWOJ 3111VD S�NOSX30Nd lSMIS s W -J -J T Q Q 'fJ V �i Q Q A 4 p J Q 3 � "J 1 lu < < NVDV9 am §§ 3CFVN3WOdd NVDV3 all ■0 ANVdWOD 31-LLYD SNOSWgCINV ISynis M2,