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01/03/1989 - City Council RegularREGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING JANUARY 3, 1989 6:30 P.H. I. 6:30 - ROLL CALL b PLEDGE OF ALLEGIANCE (BLUE) II. 6:30 - INVOCATION, REVEREND LOREN NELSON ADVENT UNITED METHODIST CHURCH III. 6:35 - ADOPT AGENDA 6 APPROVAL OF MINUTES (BLUE) IV. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. FIRE DEPARTMENT 1. Request to Declare Salvage Property 1 B. PUBLIC WORKS DEPARTMENT 1. Stop Sign Request, Danbury Trail and Kettle Creek Road .�� 2. Renew MWCC Joint Use Rental Agreement for 1989 V. 6:55 - CONSENT AGENDA (PINK) �3 A. PERSONNEL ITEMS B. LICENSES, Plumbers 16 C. GENERATOR for Municipal Center, Authorization to Prepare Plans and Specifications D. CONTRACT 87-34, Final Payment/Acceptance (Sperry Reservoir - Repainting) fCj E. CONTRACT 88-01, Approve Change Order #4 (Fire Station #5) F. CONTRACT 87-37, Final Payment/Acceptance (Park Cliff 2nd Addition - Storm Sewer) 2z G. CONTRACT 87-1, Final Payment/Acceptance (City Contract - Park Improvements) 2 3 H. CONTRACT 88-16, Approve Change Order #2 (Lexington Square - Storm Sewer) 3 I. CONTRACT 88-19, Approve Change Order #1 (Well #13) J. CONTRACT 84-V, Final Acceptance (Crossroads of Eagan) b K. CONTRACT 85 -AA, Final Acceptance (Blackhawk Glen 1st Addition) 2t L. CONTRACT 87-14, Final Payment/Acceptance (Country Hollow - Sanitary Lift Station) .25 M. CONTRACT 88-3, Receive Bids/Award Contract, Well #13 Pumphouse & Facilities VI. 7:00 - PUBLIC HEARINGS (SALMON) 'p Z7 A. VACATE Common Lot Line Drainage and Utility Easement within the Blue Ridge I Addition qVII. OLD BUSINESS (ORCHID) 1 .Z I A. MWCC AGREEMENT Specifying Conditions for the Seneca Wastewater Treatment Plant Expansion IJ. a�� B. ORDINANCE AMENDMENT, Accessory Housing VIII. NEW BUSINESS (TAN) A. ORDINANCE AMENDMENT, Electrical Permits B. ACCESSORY HOUSING PERMIT, Larry Levenson, Lot 7, Block 10, Cedar Grove 7th Addition Ix. ADDITIONAL ITEMS (GOLD) x. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) X111 ADJOURNMENT MEMO TO: HONORABLE MAYOR i CITY FROM: CITY ADMINISTRATOR HEDGES DATE: December 29, 1988 SUBJECT: AGENDA INFORMATION FOR THE JANUARY 3, 1989 CITY COUNCIL MEETING APPROVE IGEt1DA;'AD0PT iIi[= After approval is given to the January 3, 1989, agenda, and regular minutes for the December 20, 1988, City Council meeting, the following items are in order for consideration: A. FIRE Item 1. Request to Declare Salvage Property --Fire Chief Southorn is requesting that Fire Department Unit #15 be declared as surplus property and disposed of at a local salvage yard. Unit 15 is a used Police squad car and has excessive rust. It was determined that the engine in Unit 15 would be installed in Unit 8, another used squad car (1982 Ford LTD). Other parts from Unit 15 have been salvaged and used for the restoration of Unit S. ACTION TO BE CONSIDERED ON THIS ITEM: To declare Unit 15 and the engine from Unit 8 as surplus property and direct that both the vehicle and engine be disposed at a local salvage yard. B. PUBLIC WORKS DEPARTMENT I. Stop Sign Request, Danbury Trail and Kettle Creek Road -- Enclosed on pages 3 through 7 is a cover letter, petition and map showing the location of the petitioners to the referenced intersection. Enclosed on page _ 7 is a larger scale map showing the site distances in each direction from this intersection and the location of the adjacent stop signs from this intersection. Enclosed on page_ is a similar map showing the traffic volumes through this intersection taken around November 15th. There were no road closures or detours during this time which would have any impact on the validity of these traffic counts. Enclosed on page 10 is a report from the Police Department indicating the results of their speed surveys through this intersection. There have been no reported accidents at this intersection according to Police Department records. Agenda Information Memo January 3, 1989, City Council Meeting B. PUBLIC WORKS DEPARTMENT Item 1. Stop Sign Request: (continued) After evaluating this information, the staff has concerns about installing a four-way stop at this intersection. If any stop signs were to be approved, it is recommended that they be installed on Kettle Creek Road only stopping that traffic at its intersection with Danbury Trail. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and approve/deny the installation of stop signs on Kettle Creek Road at Danbury Trail. Citi• of raean . Fineerine Department PE: Ston Signs Gail Lorac 1003 Briar Creek Rd. Eagan 55123 11-9-88 The following petitions are presented to you from the residents of Lexington Square requesting that a four way stop be installed at the intersection of Danbury Trail and Kettle Creek Road. Our primary concern is for the safety of the children of the devel- opnent who must cross this intersection for school or social reasons. 'his intersection is somewhat blind because Danbury Trail curves. It also funnels alot of traffic, residential and construction, into the development. When Lexington Avenue closes for upgrading this street will take almost all the traffic entering and exiting this development. It will becone a major thoroughfare for the development and for 'ort':viet, ;athletic Fields. We need a way to slow the traffic in this development. Rather than duplicate efforts throughout the development on petitions I an enclosing, with permission, the petitions submitted to ISD 196 reouestine bussing for the development. These petitions showing the nor,2 of parents and residents alike for the safety of the cUldren. There will be some duplication for the following streets: Briar Creek Rd., Kettle Creek Fd. ,Stanwix Pd., and Danbury Ct. Thank you, Gail E. Lopac 454 37a 3 PETITION We, the residents in the Lexington Square Development, feel our elementary school -aged children should be bused to Woodland Elementary rather than walk because: I. Wescott Road has a 45 mph speed limit Although it has been changed to 30 mph in front of the school, we question whether that will slow traffic. 2. The traffic on Wescott Road is heavy at times and will only increase as the new developments close to the school fill up. Much of the Wescott traffic istrucks. And we worry that Wescott will be a detour route when construction begins on Lexington Ave. 3. The crosswalk on Wescott Road is not adequately marked. We doubt it will be seen on foggy, rainy or snowy days. 4. The district is providing only 1 adult patrol for [note than 100 children presently crossing Wescott Road to Woodland. S. Thele ate no walking paths in our development It is not safe for children to walk in the streets. 6. Construction traffic is often heavy throughout the development, especially on Danbury, the children's train mute through the neighborhood. Trucks are often parked on both sides of the street. 7. Many children not only cross Wescott, but also Savannah Road, which is a main street through the development. 8. Tltere are no stop signs at Danbury Trail and Kettle Creek Road, making it dangerous for children to cross. 9. The majority of the elementary children are 3rd grade and under, and are expected to walk up to one mile. 10. Minnesota winters make it unsafe at times for children to walk up to one mile to school. 11. Will the roads thoughout the develpment be plowed before 8:30 am.? It will be very dangerous for children to be walking while snowplows are going through the area. 12. Bike paths are not scheduled to be plowed during the winter months (according to Tom Nelson, Director Support Services -9/7/88), forcing children to walk on Wescott. 13. The holding pond on the north side of Wescott Road directly in front of Woodland can be 3-7 feet deep with no fencing or safety measures, (according to twig Knutson, Eagan Sewer & Water Engineer). 14. There is no direction in front of the school for traffic. It is unsafe for children to walk across the parking lot when being picked up from school. 15. Many people drive to school --especially in inclement weather—to pick up their children. It causes a dangerous traffic jam, but potentially much worse is there is no control over who drives away with which children. What responsibility will the school district take for the safety of our children? d SCE This petition is for the request of a four way stop to be placed at the intersection of Danbury Trail and Kettle Creek ' in the Lexington Square Development. Childs safety to and from the Woodland Elementary School is the primary concern. This petition will be )resented to the City of Eagan Return this petition to: Gail or Tom lopac 454-3721 1003 Briar Creek Road The following individuals are in favor of this petition: name address phone -------------------- --------------------- ------------------- ------------- ------------ ------------ /-4-0-3-.d--- �1-37- - � ----- - -_-------- --/-aVQswc�__mac- ------fCfY_S'J_'-'--- yt. � 1� ------------ J -Z - ----------�Y ---- ----- ------Z� ------ - --- . ------------------------ --------------p,� - H- - -------=i 1Z per_se-=g7_V- - -- t- - - S1 ------------- _--------------------------------------------- ------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- i / IAZ� This petition is for the request of a four way stop to be �(� placed at the intersection of Danbury Trail and Kettle Creek '1 in the Lexington Square Development. Child=m safety to and /Dbl from the Woodland Elementary School is the primary concern. , /067 This petition will be pesented to the City of Eagan %11W Return this petition to: Gail or Tom lopac 454-3721 /�1"Y 1003 Briar Creek Road The followina individuals are in Favor of this petition: J name address phone p --�^ lOc L1 _______-___� -- --.-�-------- -- �Z-- e------ 5p---- -- --------- A1e= _ ��_ _ • << _�OYQ_ -t e_�rrr[L______ IL=CO L p"�W- - i--1gY1--Vi=e` F��--�� ------ C =- Z -- '--- ---------------'-oy _K�- �-_ c"eey-------- K —qny' = - m _- aalp___________106Z AfNe _Gt21C--- ---- -A5;7--wzO _ -----------------L . ,--- �------ Ya_y1SI� _ --r -- - - ----- Le as - ------- ts-(�._gik4 ------------ ------- ru-------------- iD33_Y_CAW15- 4k Z!i4(90 ' -------------Lca&----------_�� L.-�------_`t��c�b�� -LQ3`t--tSc4pu C-aa®s --- ( U c:P a-,etj _1p� � ---- =� 3d,27-- - t--- ---- ---- ----------- TAB_- -- - ---------- 51 l_ - t----------Ia`�- --- ------------- -`t7_ V� & Vex �- ' This petition is for the requeA of a four wav stop to be placed at the intersection of a the Cree in the Lexington Square Development. Childrm safety to and from the Woodland Elementary School is the primary concern. This petition will be peesented to the City of Eagan Return this petition to: Gail or Tom lopac 454-3721 1003 Briar Creek Road The following individuals are in favor of this petition: name T address phone ULU— L? ��0---------- 3iV __?.s----- tri zv,/ d'Lt J_Vi,Gi�l ------ LEI _r_G ia. r - ---------- - - -- ��.------`11�------------=� --- PETITIONING PARCELS I �y1 SIGHT DISTANCES +•I-.wrl.. vu,..f- 3, \ ' ROAD03 'n ' It k' I• >� k r ■ �p •1 • • • + Id CLLI, r : • �• . e Q t it o vv }y[ I v•' n 10. F•, 'p C • • 9 I I I IP Fi111 �la " n]w t(•• F•xat • �; Q-- •'•I t OHO ' n•.ni'• N"n�� F. FI ♦) n • = t C4 10 11 4 • i vn n1L Y fe �1'q •' ' I a . l• I• '• !f R ,v I u v. • , r �•^ 1111 • ,�,�, • 1 t ..•f v�. m �� : as 06MBYq�- ti y, • I Is is 10 S r I Io• .• • It f I J s. • I t *fd ,• .`•` r/ 101 10 l.t 4.' • 11 1 � • I 42 l , L,10' • �` 1• ..I 11 ' .) m L . • itwe- ",i , /A.. I•; e 1 A 7 I 7 '�„-iJ •yle l•�' ..•x • i” /_ lyd /A -v 1 ♦ , • • Ir•� n IV 1Q11u .1 ir:iln• y'�i w�-•i lwe�,: `•e �` •• - M ifwt .•• P[`n'LL — �L: a BROAD a_"'Jv1a �v- • •'� 3 ,b ` •-: '°' •,iy ,•.•�I y 20 10 11 II 11 • 11 t =_ 1 1S C \��: i y •w r'• ,�• ♦ i .} •• n n ! , IN r �'• • r I v�r r•1 • I. • 1 41 • Io a I .• I .• t C _ J>.e• :+ r.�L, 1 0 REQUESTED STOP SIGN EXISTING STOP SIGN <= SIGHT DISTANCES FROM INTERSECTION TRAFFIC COUNTS -;-•w.••/..e•e..l, i.•\ I, ROADCf ew 11 YI at ,a y L I iO 9-_j ( • 1 • t i • 1 A• Lu It In is 1 �g fl ■ r•m 1 a � � ; I 1 1 :a 11 a iF- I r: s . a i • • T . 1 1 N '••'•'m 1 ••• 2 t y _O erTlel a l Ip , trrq. nnl�°•N l:x, a�lZ-~,?•i ••y • Rp•p I 1 (, L 11 6 b Ii(d C9 • •, ' I N n!�••f •�� > �- F, rt le•1 • S a x� IC � ■ wq , �1y � nl! /Il ,ll' �' JC• S „ '1 11 A •• ! r• N • M • • '' C aully ac cr. l :i 11 1 p7M NQS' �1 a 11' 3 A0o\ 1 �1iI 1 • MJ\jra- 1 la `[ •ist� Is +.her ,\a. �/ '••• to a q • al •• ••+ + 'it 1 ' • I .� q ...7. •• �\ t; �!'\ as a, 1 ± \,7 p •+ c 1 � lY' • .Ciro -f/ • �i la �• .� i x 2: l : i� 1 • ••• a ••yE 1 IQ 41 .•.. r u t / • a b 1 `. 1 t l i Y .Y 4•• f •n1,1 r a ,•uu u n n n +•• •0 a- • m ••wrm •I•• I r C: /• 1 1 -.iee , {x�wILL — �,l.II e1=Mr .•N ■ ?� ,3 .i `(,' .r •4•' ••• I I i —RG7ID a o. 77 21 5.rY �: 7k �. y + •fir ••'. • om' er•mrl • 'h r li ' u n w w w w w .em nem -. �,_ �. ••If y'. " •�':� ..eM •h ••n .. n.� eI �r r • th �j NOTE: THE 47—HOUR TRAFFIC COUNTS WERE PERFORMEJ) FROM 11/14 11/16/88 police department .AV M. OR" CNW &P b Aff�� Qo —0 Com 3b30 Pilot Knob Rood E00an6 Minnesoto 55122 Vic IRLLSON Phone: (612) 454-3900 Mqd 7HOWS EGAN DAVID K GUSTAFSON PAMELA MCCRFA THEODORE WACKIER Comm Lunt= THOMAS HEDGES Clay A&r&*ft b El1GFNE VAN OVERBEKE ON Cw December 27, 1988 TO: TOM COLBERT, CITY ENGINEER FROM: PAT GEAGAN, ACTING CHIEF OF POLICE SUBJECT: STOP SIGN REOUEST - KETTLE CREEK ROAD AND DANBURY TRAIL At your request, the Eagan Police Department has conducted speed surveys at the intersection of Danbury Trail and Kettle Creek Road. On three occasions, Police Officers utilized radar at that intersection between the hours of approximately 7:00 A.M. and 8:00 P.M. Eagan Police Officers indicated that traffic at that intersection traveled at an average speed of 23 to 28 MPH. The Police Department feels that very careful consideration should be given to the installation and stop sign at that location when there is currently a four-way stop sign at Savannah Road and Danbury Trail. Pat Geagan Acting Chief of Police PJG:lb THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR CO~TTY Equal Opportunity/Affirmative Action Employer IC) Agenda Information Memo January 3, 1988 City Council Meeting B. PUBLIC WORKS (CON'T)-- RENEW MWCC JOINT USE RENTAL AGREEMENT/1989 2. Renew Metropolitan Waste Control Commission Joint Use Rental Agreement for 1989 --In 1975, the City entered into a Joint Use Rental Agreement (#351) with the MWCC to allow them the ability to lease approximately 600 feet of sewer line near the location of the City's old treatment plant facility. This agreement had a provision for annual renewal subject to consent by both parties. Enclosed on page 19 is a cover letter from the Metro Waste Control requesting that this agreement be extended one more year through 1989. It is the staff's recommendation that the one year extension to this existing agreement be approved. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a one year extension to the Metropolitan Waste Control Commission Joint Use Rental Agreement #351 for the year 1989 and that the Mayor and City Clerk be authorized to execute said Agreement. December 8, 1988 Mr. Thomas Hedges City Administrator City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 222-8423 This is regarding the Joint Use Rental Agreements between communities and the Metropolitan Waste Control Commission. The Metropolitan Council has revised its Waste Resources Management Policy Plan elimi- nating the rental agreement program effective January 1, 1989. However, the rental agreement may be extended through 1989 to allow other arrangements for the continuance of this sanitary sewer service. In accordance with Section -4 of the Joint Use Rental Agreement No. 351 between the City of Eagan and the Metropolitan Waste Control Commission such contract can be renewed by consent of both parties. We wish to renew the agreement for one year under the same terms and conditions contained in the Agreement which is presently in force. The Renewal Agreement is enclosed in triplicate for your endorsement. we ask that you sign and return to us two (2) of the executed copies and retain one (1) for your records. Should you have any questions or suggested changes to the basic contract agreement, please contact us. Your cooperation in accepting this renewal procedure is greatly appreciated. Very truly yours, mes) James James J. Hsniker, Jr. Acting Chief Administrator JJH:EJB:jle Enclosure cc: L. Bohn L. Spear R. Odde R. Payne 6 -5Fars 938-1988 1a Agenda Information Kano January 3, 1989, City Council Meeting There are thirteen (13) items on the agenda referred to as Consent Items requiring 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 Additional Items unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Police Officer -- The retirement of Chief of Police Berthe and the appointment of Captain Geagan as Chief of Police, effective January 20, 1989, will create a shortage of one sworn officer in the Police Department. It is the recommendation of Police Administration that the current Community Service Officer, Scott Heath, be appointed as a Police Officer, effective January 23, 1989. Heath has successfully completed the Community Service Officer program, a background investigation and the required physical and psychological examinations. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointment of Scott Heath as a Police Officer, effective January 23, 1989. Item 2. Community Service Officer -- The appointment of Jon Moldstad as a police officer in November of 1988 created a vacancy for a Community Service Officer. The position was advertised and over 70 applications were received. After screening, 24 applicants were interviewed by the Chief of Police, the Captains and Sergeants in the Police Department and Administrative Assistant Duffy. Following these interviews, extensive background investigations were performed on three candidates. As a result of the above process, it is recommended that David Stubstad be hired as a Community Service Officer to fill the current vacancy. In addition, if the appointment of Scott Heath as a Police Officer is approved, it is recommended that Mark Ryan be hired as a Community Service Officer, effective January 23 1989, to fill the vacancy created by Heath's appointment. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of David Stubstad as a Community Service Officer effective January 9, 1989 and of Mark Ryan as a Community Service Officer effective January 23, 1989. J3 Agenda Information Memo January 3, 1989, City Council Meeting PLUMBERS LICENSES B. Licenses for Plumbers --According to City Code regulations, Plumbers Licenses are renewed on an annual basis. Enclosed on page are thirty-three (33) companies that are performing a plumbing service within the City of Eagan. All license applications have been reviewed and are in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Plumbers Licenses as presented. Id PLUMBERS LICENSE JANUARY 3, 1989 1. A -Aaron's Plumbing & Sewer -Drain Cleaning 2. Blaylock Plumbing Co. 3. Boedeker Plumbing & Heating 4. Bredahl Plumbing 5. Budget Plumbing Corporation 6. Burkhardt Plumbing 7. Dakota Plumbing & Heating 8. Elander Plumbing Company, Inc. 9. Tom Hessian Plumbing, Inc. 10. Hovde Plumbing & Heating, Inc. 11. Jerry's Plumbing 12. K & K Heating & Plumbing, Inc. 13. Lakeside Plumbing 14. Major Mechanical, Inc. 15. McGuire Mechanical Services, Inc. 16. Metropolitan Mechanical Contractors, Inc. 17. Mevissen Plumbing 18. Nordic Services, Inc. 19. North St. Paul Plumbing & Heating 20. Piper Plumbing, Inc. 21. Plumm, Inc. 22. Plymouth Plumbing, Inc. 23. R C Plumbing 24. Richfield Plumbing Co. 25. Schulties Plumbing, Inc. 26. Seitz Brothers, Inc. 27. Standard Plumbing & Appliance Company, Inc. 28. State Mechanical, Inc. 29. Thompson Plumbing Co. 30. Voss Plumbing & Heating of MN 31. Welter & Blaylock, Inc. 32. Westonka Mechanical Contractors, Inc. 33. Williams Mechanical Agenda Information Memo January 3, 1989, City Council Meeting GENERATOR FOR MUNICIPAL CENTER C. Generator for Municipal Center, Authorization to Prepare Plans and Specifications --Included as a capital outlay budget amount for 1988 under General Government Buildings is a reserve generator for the Municipal Center Building in the amount of $60,000. Chief Building Official Reid requested the firm of Author Dickey Architects to analyze the Municipal Center Building and determine what size generator would be most appropriate for this building. It was determined that a 150KW power unit, diesel generator be "speed", bid and purchased in early 1989. It will be necessary to record the cost of the generator as a 1989 expense which will be allocated from the fund balance carried over from 1988 that was budgeted for this equipment. Please review the memo from Chief Building Official Reid and letter frpij Arthur Dickey and Associates, enclosed on pages 17 through /X ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final specifications and set the bid opening for January (date to be determined), 1989, for the purpose of acquiring and installing a 150KW diesel generator to be used at the Eagan Municipal Center Building. l(P MEMO TOt TOM HEDGES, CITY ADMINISTRATOR yy�� FROM: DOUG REID, CHIEF BUILDING OFFICIAL diG• DATE: DECEMBER 20, 1988 HE: GENERATOR - EAGAN MUNICIPAL CENTER In conjunction with finishing the lower level, remodeling the police level, and replacing the radio equipment in the police dispatch area, Arthur Dickey Architects were asked to calculate what size generator was necessary to supply the Municipal Center with standby emergency power. It was their concensus that a 150 KW power unit in a housing outside the building next to the fenced area was adequate. Captain Ken Aszmann and I, after looking at a number of installations within the Twin City area, questioned installation of diesel vs natural gas. We consulted Arthur Dickey Architects once again and it is our conclusion that a 150 KW diesel generator would be appropriate. Enclosed, please find a copy of their letter dated December 9, 1988. With year end close at hand, I would like to request permission from the City Council to obtain final specs. and bidding documents for installation in 1989. Thank -you for your consideration. If you have further questions or would like additional information, please contact me. DR/js Encl. I1 IC��ili4 ARTHUR DICKEY ARCHITECTS, INC. ARTHURH.DIUKE\'.A.I.A. Allobi wAVNE AJESKE. ('.('.S. M L] La" r MARY B. III SIAD. A.I.A. 19� d CITY OF EAGAN 3830 Pilot Knob Road P.O. Box 21199 Eagan, MQ 55121 Attn: Mr. Doug Reid RE: EAGAN MUNICIPAL CENTER GENERATOR Dear Doug: Our engineering consultants have provided the following information in response to your questions about natural gas vs. diesel generators: 1. The cost for a natural gas fired generator is approximately two to two and one half times the cost of a diesel generator (estimated $82,000 vs. $37,000). 2. A natural gas generator is not significantly quieter than a diesel generator, if at all. Most of the noise is due to the fan for cooling the unit. The muffler can be directed out (remote muffler) for additional cost. 3. Availability is about the same for either type of generator. 4. The amout of maintenance is about the same for either type of generator. 5. The 150 Kw generator is sized for current needs, with the entire building on the generator. It does not take into account building expansion. While some items can be removed from the generator if the building is expanded, it would probably be less expensive to oversize the generator now for possible expansion. As a reference, the estimated cost for a 200 KW generator is approximately 158 more than the cost for a 150 KW unit. 6. Space requirements for a natural gas generator would be roughly the same as for a diesel generator; both units require cooling. 7. Hook up charges for natural gas are generally rather minimal. Please let me know if you have any questions. Thank you. Sincerely, Lft� ��. Mary B. ustad, A.I.A. MIDI/tgl 4Y111 I RA.\('E APENUL SOI 'III MINNEAPOLIS, MINNESOTA 55410-1794 (612)420-3497 1? Agenda Information Memo January 3, 1988 City Council Meeting CONTRACT 87-34/FINAL PYMT/ACCEPTANCE/SPERRY RESERVOIR/REPAINTING D. CONTRACT 87-34, Final Payment/Acceptance (Sperry Reservoir - Repainting) --The staff has received a request for final payment from the contractor along with the certification from the consulting engineer of compliance with City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. Because of the delay in the completion of this reservoir, liquidated damages in the amount of $2,800 were deducted from the final contract amount to help offset some of the additional costs incurred by the City for inspection services, etc. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the third and final payment of Contract 87-34 (Sperry Reservoir -Repainting) to Rainbow Incorporated and authorize acceptance for perpetual maintenance. CONTRACT 88-01/APPROVE CHANGE ORDER #4/FIRE STATION #5 E. Contract 88-01, Approve Change Order #4 (Fire Station #5) -- Enclosed on page is a breakdown of the various items comprised in Change Order #4 necessary for the completion of Fire Station #5 under Contract 88-01. The Engineering Division and Fire Department have reviewed these items and concur with this proposal. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #4 to Contract 88-01 (Fire Station #5) and authorize the Mayor and City Clerk to execute all related documents. RECOVEC CEC 19 1988 ARTHUR DICKEY ARCHITECTS, INC. ARTHUR H. DICKER. A.I.A. ))'AYNE A. JFSKE. C.CS. MARL' R. HUSTAD. A.I.A. 14 December 1988 CITY OF EAGAN 3830 Pilot Knob Road P.O. Box 21199 Eagan, W 55121 Attn: Mr. Tom Colbert, P.E. RE: EAGAN FIRE STATION ND. 5 - CITY CONI' WII-W! m Dear Tom: Eagan Construction, Inc. has submitted the following prices for changes in the work for the above referenced project. 1. Change mercury vapor lights (type "J") at toilet rooms and meeting room to a fixture type "K". DEDUCT: $ 134.00 2. Delete soap and paper towel dispensers. DEDUCT: $ 80.00 3. Adjust/relocate Apparatus Room light fixtures for overhead door clearance (due to lowering of roof). ADD: $ 588.00 4. Reconstruct curb at main entry per City's direction. ADD: $ 190.00 5. Change light fixtures at trophy cases (2 thus); original fixtures to be turned over to Owner. ADD: $ 402.00 6. Add metal shields to three exterior light fixtures to deflect light away from neighbors. AID: $ 96.00 NET CBANUE: ADD: $1,062.00 Please let me know if you have any questions. I will proosed with the final change order upon your authorization to do so. Thank You. sincerely, Mary B. tad, A.I.A. 4930 FRANCE AVENUE SOUTH MINNEAPOLIS MINNESOTA 55410-1794 (613)920.3993 D Agenda Information Memo January 3, 1988 City Council Meeting CONTRACT 87-37/FINAL PYMT/ACCEPTANCE/PARK CLIFF 2ND/STORM SEWER F. Contract 87-37, Final Payment/Acceptance (Park Cliff 2nd Addition - Storm Sewer) --The staff has received a request for final payment from the contractor for the completion of the storm sewer modification project within the Park Cliff 2nd Addition. All work has been completed in conformance with City approved plans and specification with final inspections being performed by representatives of the Public Works Department with a recommendation for formal acceptance and perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the second and final payment for Contract 87-37 (Park Cliff 2nd Addition -Storm Sewer) to Albrecht Incorporated and accept the improvement for perpetual maintenance. al Agenda Information Memo January 3, 1989, City Council Meeting CONTRACT 87-1. FINAL PAYl�N'P G. Contract 87-1, Final Payment/Acceptance (Park Improvements) -- The Director of Parks and Recreation is requesting that the City Council provide final payment and acceptance for Improvement Contract 87-1. The contractor has fulfilled the scope of work as defined by the contract documents. The final payment is $6,305.55. The total contract cost at project completion is $578,725.44. The project is $36,034 below the $614,759 approved contract amount. This project comprises the improvements to seven (7) parks in the City of Eagan. These parks are Thomas Lake Park, O'Leary Park, Vienna Woods Park, Carnelian Park, Lakeside Park, Northview Park, and Trapp Farm Park. The work included site grading, utilities, parking lot, roadway, utility construction and turf establishment. ACTION TO BE CONSIDERED ON THIS ITEM: To approve final payment to Central Landscape Inc., for Improvement Contract 87-1 in the amount of $6,305.55 and to accept for perpetual maintenance the improvements to the seven (7) parks as stated. Agenda Information Memo January 3, 1988 City Council Meeting CHANGE ORDER #2 H. Contract 88-16, Approve Change Order #2 (Lexington Square - Storm Sewer) --Due to the delay in the City's ability to acquire the easement over the Lillian McCarthy property, the contractor was delayed in starting the construction operations by the contract specified date. The contractor has submitted a claim for reimbursement for heavy equipment rental fees during this delay. These claims have been substantiated and verified by our consultant and found to be in order in accordance with contract documents. All costs associated with this Change Order will be considered part of the acquisition costs of the easements and will be cost shared accordingly with the County as the easements incorporated County right-of-way for the future Lexington Avenue improvement project as well as the storm sewer project. (Add $5,924). ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 88-16 (Lexington Square - Storm Sewer) and authorize the Mayor and City Clerk to execute all related documents. CONTRACT 88-29/APPROVE CHANGE ORDER #1/(WELL #13) I. Contract 88-29, Approve Change Order #1 (Well #13) --The contractor was delayed from starting the drilling of this well until the rezoning of the property could be properly processed through the City. Subsequently, it is appropriate to change the contractural completion date by an equal amount of time from February 15, 1989 to March 8, 1989. There are no additional costs associated with this extension of completion date. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 88-29 (Well #13) and authorize the Mayor and City Clerk to execute all related documents. J. Contract 84-V, Final Acceptance (Crossroads of Eagan - Streets and Utilities) --All improvements installed by the developer under this contract have been verified to be in compliance with City approved plans and specifications with all final inspections being performed by representatives of the Public Works Department with a recommendation for formal acceptance of perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Contract 84-V (Crossroads of Eagan - Streets and Utilities) for perpetual City maintenance. -�3 Agenda Information Memo January 3, 1988 City Council Meeting CONTRACT 85 -AA, FINAL K. Contract 85 -AA, Final Acceptance (Blackhawk Glen 1st Addition - Streets and Utilities) --This contract provided for the installation of streets and utilities within the Blackhawk Glen 1st Addition by the developer to be conveyed to the City for perpetual maintenance. Verification has been received that these improvements have been installed in accordance with City approved plans and specifications with final inspections being performed by representatives of the Public Works Department and a recommendation for final acceptance of perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Contract 85 -AA (Blackhawk Glen 1st Addition - Streets and Utilities) for perpetual maintenance. 87-14/FINAL PAYMENT/ACCEPTANCE(COUNTRY HOLLOW -SANITARY LIFT STATION L. Contract 87-14, Final Payment/Acceptance (Country Hollow - Sanitary Lift Station) --The staff has received a request for final payment from the contractor along with a certification of compliance with City approved plans and specifications for the installation of the sanitary sewer lift station located within the Country Hollow Addition. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action of final acceptance for perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the second and final payment for Contract 87-14 (Country Hollow - Sanitary Lift Station) to Smith and Loveless Incorporated and authorize acceptance for perpetual maintenance. a4 Agenda Information Memo January 3, 1988 City Council Meeting BI M. Contract 88-33, Receive Bids/Award Contract (Well #13 - Pumphouse and Facilities) --At 10:30 a.m. on Thursday, December 29th, formal bids were received for the installation of the pumping facilities and the construction of the pumphouse necessary for the operation of Well #13 currently being developed. Enclosed on page .R(,o is a tabulation of the bids received with a comparison of the low bid to the engineer's estimate. All bids will be reviewed for accuracy and compliance with the specifications and any deviations will be addressed at the time of Council consideration of contract award. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 88-3 (Well #13 - Pumphouse and Facilities) and award the contract to the apparent low bidder. Q-5 BID TIME: BID DATE: CONTRACTORS 1. Phillips -Klein Companies 2. Fred Plass Plumbing 8 Heating 3. A 6 K Construction 4. Richmar Construction 5. New Mech. Company LOW BID FEASIBILITY REPORT ESTIMATE ENGINEER'S ESTIMATE % OVER (+) UNDER (-) (F.R.) % OVER (+) UNDER (-) (E.E.) a& 10:30 A.M. THURS., DEC. 29, 1988 TOTAL BASE BID $ 154,818.00 171,000.00 174,149.00 177,730.00 193,400.00 $ 154,818.00 $ 138,000.00 $ 169,000.00 + 12.2% - 8.48 Agenda Information Memo January 3, 1988 City Council Meeting PUBLIC HEARINGS VACATE COMMON LOT LINE DRAINAGE 6 UTILITY EASEMENT/BLUE RIDGE ADD A. Vacate Common Lot Line Drainage and Utility Easement (Blue Ridge Addition) --On December 6th, the Council received a petition and scheduled a public hearing to consider the vacation of the common lot line drainage and utility easement located within the Blue Ridge AdditiQ as identified by the sketch and description enclosed on page I . This was a common lot line between two outlots of the previous Lone Oak Addition which has subsequently been modified by the replatting of the Blue Ridge Addition. All necessary replacement easements have been dedicated with the subsequent Blue Ridge Addition plat and the City no longer retains a need for this previous description. All notices were published in the legal newspaper and sent to all potentially affected utility companies informing them of this public hearing. As of this date, the staff has not received any objections to this proposed vacation. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of the common lot line drainage and utility easements as described within the Blue Ridge Addition and authorize the Mayor and City Clerk to execute all related documents. a7 W co av va 0— & (D (D z I 11 ZI WI (/1 f d 131Qooe,\ I/E. line 14 c.^^ 117 m $ \\ p �o N '� Sec.2, TV,,R23 BLUE RIDGE ADD. BLOCK I \1N `ticMost N'ly Cor. OUTLOT IF w m 8 211.56 42r-z Ra500.0 ,.- od=2401 34' N. Line of S 1/2 NE 1/4, SEI/4, See. 2 LOT 1 / 0; I `- W�zir1 100' / Cr Q 1- oo m Ito I g o EE� n1 Z N O N V 'L Q �+ Se9°18103"W 0 Z _ 500_00 0 I N .O 1" Q1 1.7 it: -, N10. Co ( L� Ln 7Qrt \�` `� 0 Uk a. DRAINAGE AND UTILITY EASEMENTS 05,900-0 278.21 � OUTLO I a;000�� 5249' � A -/ 1e N \� `SEE DETAIL B ;4 0 _,,T B �—N. Line of SE 1/4, �e'0o SEI/4, Sec.2 �tLA �r � �cl O. iz �O H B9a 30' 42 E . 374.39 . _ ,l : ; I .VC /t 3U DESCRIPTION OF EASEMENT TO BE VACATED 890 _, \ A ten foot vide drainage and utility easement lying Over, under and across Lot 1, Block 1 and Outlots A 8 B, Blue Ridge Addition, according to the recorded plat thereof, the centerline Of which is described as follows, Commencing at the t northerly thence northwesterly alongthe s uthwesterly rights aid wayv of o Looe Oak Parkway, a distance of 77.33 feet along a curve concave to the northeast having a radius of 500.00 feet and a central angle of 06 521 46", thence S 01 101 06" M to a point on the southerly line of the ten foot drainage 8 utility easement along the southwesterly right of Way line of Lone Oak Parkway, said point being the beginning of the center.l.i-ne. tCo be--d-eecri"tied, —Ehenee cont-Ioui-ng along said bearing to a point 71.11 feet north of the Intersection of the southerly line of Outlot B and the line being described and there terminating. is T N N. Line of SW 1/4 DRAINAGE AND UTILITY EASEMENT /\ 3 040 x,4159119"E �✓ �. N8 's° 1 PONDING AND UT z I EASEMENT P SEE DE' �p Q (WETLANDa.UJ/ x I .� N F2: 1 _ 941 R7 - / Agenda Information Memo January 3, 1989, City Council Meeting OLD BUSINESS MWCC AGREEMENT/SENECA PLANT EXPANSION A. MWCC Agreement for Specifying Conditions for the Seneca Waste Water Treatment Plant Expansion --At the December 20, 1988, City Council meeting, ratification of the development agreement for the Seneca Waste Water Treatment. Plant expansion was continued until the January 3, 1989, City Council meeting to allow further discussions and review of proposed agreement language with staff and commission members of the MWCC. The City's special counsel, Becky Comstock of the Dorsey & Whitney law firm has prepared a �over memo and revised agreement, copies are attached on pages through--'�o for Council review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the development agreement with the MWCC that specifies certain conditions for the Seneca Waste Water Treatment Plant expansion. NOTE.: Also enclosed on pages 50A through 50C is correspondence between the Public Works Director and the Director of Engineering for the Metropolitan Waste Control Commission concerning the Seneca Plant Expansion. �n MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR DATE: DECEMBER 29, 1988 RE: SENECA DEVELOPMENT AGREEMENT UPDATE Please find enclosed a revised copy of the Development Agreement which has been reviewed by our environmental attorney, Becky Comstock, and legal counsel for the Seneca Waste Water Treatment facility. The cover memo discusses the changes which have occurred from the December 20, 1988 agreement. It is my understanding there are only two items which have not been reviewed by a majority of the board in order to have a full concensus on the agreement. Therefore, these two items Ms. Comstock will discuss with the Council and hopefully, the MWCC will have had a chance to review and comment at the meeting if they are in agreement with the overall development agreement. 0k.— DR/js Encl. 30 beo FARM AVENUE NEW TORI, NEW TO" bolls (sl2lsle-5900. 3 ORACECHURCH STREET LONDON Reay OAT, RNOLAND 01-901-0334 36. RUE THONCHET TSOOe PAI16, FIANCE. RI-119-rrt-ease :SAO,. MERIT NATIONAL. RAKE BUILDINO P. 0. ROI 8,111 ROCHESTER. MINNESOTA 55900 14011255-3156 NO NORTH .CENTHAL J.IR: TOWER AOe MINNESOTA STREET ST. PAIL. MINNESOTA 58901 (61:1207-11017 VIA MESSENGER Mr. Dale Runkle City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Seneca Wastewater Treatment Plant/Development rAgreement.. Dear Dale: Enclosed please find a revised Development Agreement between the City of Eagan and the Metropolitan Waste Control Commission regarding the expansion of the Seneca wastewater treatment plant. At the City Council meeting of December 20, 19B9,1 I advised the City Council, as did the attorney for the Metropolitan Waste Control Commission, that a revised Agreement would be forwarded to you for distribution to the Council by Friday, December 23, 1988.,Unfortunately, I did, not know the -City offices closed at Noon on Friday. The enclosed Agreement is the December 19, 1988 Agreement distributed to you and members of the City Council with additions underlined and deletions xled through. Those changes are, briefly, as follows: 1. Page 2, the first "Whereas" clause on that page deletes the words "water, air" and refers only to the City receiving numerous complaints concerning noise and odor. Since this Agreement does not deal with air or water pollution specifically, I agreed to limit this recital as described. 2. Page 6, Section 3.2, the words "required to be compl.ied with" and the word "each" preceeding "permit have been inserted at the request of the MWCC to clarify 31 DEC 2 r 1988 DQi?SEY & WHITNEY 0000 FIRST HANK. PLACE EAST Soon PIRST INTERSTATE CENTER MINNEAPOLIS, MINNESOTA 66100 sm NO NIH '01-f STREET (610)330-0600 P. o. Box Hoo DILLINOS, MOPTANA Solon TELEX 90-0605 TEMCOPIER (612)RAO-9265 SUN DAVIDSON DUILDINO 5 THIRD STREET NORTH GREAT 1AALH, MONTANA 59001 (aoelwT 5609 BECKY A. COMSTOCK (672) 060-2987 JET EAST FRONTSTREET missou A. MONTANA 69609 (ASJ)s0.6696 NO MEET NATIONAL BANE .BUILDING December 27, 1988 NATIAi..MINMEBGTA 56691 (SIN)474-Jam Mr. Dale Runkle City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Seneca Wastewater Treatment Plant/Development rAgreement.. Dear Dale: Enclosed please find a revised Development Agreement between the City of Eagan and the Metropolitan Waste Control Commission regarding the expansion of the Seneca wastewater treatment plant. At the City Council meeting of December 20, 19B9,1 I advised the City Council, as did the attorney for the Metropolitan Waste Control Commission, that a revised Agreement would be forwarded to you for distribution to the Council by Friday, December 23, 1988.,Unfortunately, I did, not know the -City offices closed at Noon on Friday. The enclosed Agreement is the December 19, 1988 Agreement distributed to you and members of the City Council with additions underlined and deletions xled through. Those changes are, briefly, as follows: 1. Page 2, the first "Whereas" clause on that page deletes the words "water, air" and refers only to the City receiving numerous complaints concerning noise and odor. Since this Agreement does not deal with air or water pollution specifically, I agreed to limit this recital as described. 2. Page 6, Section 3.2, the words "required to be compl.ied with" and the word "each" preceeding "permit have been inserted at the request of the MWCC to clarify 31 Mr. Dale Runkle December 27, 1988 Page Two that only conditions in the Agreement which contain a compliance date which is prior to the date of a permit application, must be satisfied before the City will issue a permit. This language does not change the substance of the Agreement. - 3. Page 8, Section 3.3(a), the date for work on the solids processing building has been moved from July 1992 to July 1993. 4. Page 8, Section 3.3(b), the date for implementation of the design phase for incinerator odor control has been changed from July 1, 1989 to October 1, 1989, and implementation of incinerator odor control has been changed from July 1, 1991 to October 1, 1991. Also, the date for implementation of an alternative sludge management methodology and odor control on that methodology has been moved from July 1992 to July 1993. The City Council had indicated its willingness to go along with these dates if other amendments to the Agreement remained essentially the same. 5. Page 9, Section 3.4, the words "registered with the MWCC pursuant to the odor control_ program required - by Section 3.1(c) of this Agreement" have been added to clarify the term "odor complaints" and the resolution of those complaints in conjunction with the City Council's authority to order additional odor studies. 6. Page 10, second line from the top of the page, the words "notice of the completion and availability of the odor study" have.been inserted to clarify that the MWCC is not necessarily required to provide a copy of each odor study to all interested citizens but simply to alert interested citizens to the completion and availability of the study. 7. Page 12, Section 5.1, the words "of this Agreement" and "if the City is the prevailing party in an enforcement action" have been inserted at the request of the MWCC to clarify that the City's engineering, consulting and legal fees will be paid by the MWCC if the City brings an action to enforce this Agreement only if the City prevails in such an action. The MWCC is concerned with frivolous enforcement actions and believes this limitation is reasonable. I agree. B. Pages 13 and 14, the MWCC has agreed to a more limited list of events which will be deemed to be beyond 9 Mr. Dale Runkle December 27, 1988 Page Three the MWCC's control if they are delayed in complying with the terms and conditions of this Agreement. This shorter list is based on the discussion at the City Council meeting on December 20, 1988 and includes an excuse for delay in performance if the delay is the result of administrative review or permit approval by the City or other governmental bodies, although if the City's delay is the result of the MWCC's failure to perform under the Agreement, the MWCC's delay will not be excused. Additionally, judicial or adminis- trative orders, including modifications of the consent decree between the State of Minnesota and the MWCC as well as labor strikes and acts of God, will be excused delays under the Agreement. The language on page 13 provides that these events will be deemed to be beyond the control of the MWCC and the delay in performance will be excused for these events, as well as others which are beyond the MWCC's control although not articulated in the Agreement. 9. Page 19, Section 6.3, the words "studies and reports" have been deleted and replaced with the words "the programs, schedules, study results" to clarify that these documents as well as notices will be provided to interested citizens who wish to receive notices, programs, schedules and study results under this Agreement. The MWCC requested this revision in order to avoid having to distribute a complete copy of each report to all interested citizens, but rather provide notice of the availability of reports and allow interested citizens to request a copy. This change seems reasonable given the amount of materials that may be generated in the course of implementing the terms and conditions of this Agreement. The MWCC is unable to give me final approval on Section 3.3(c) of the Agreement until the Commission has convened as a committee during the week of December 27, 1988. Under that provision, we have amended the language to clarify that the incineration capacity at the Seneca plant will only be expanded if necessary to accommodate Seneca sludge and if only Seneca sludge is being incinerated at the plant at the time expansion is contemplated. The MWCC believes that they would like to leave open the option of continuing to incinerate Blue Lake sludge and expand incineration capacity only if Seneca sludge cannot be incinerated at the plant along with the incineration of the current level of Blue Lake sludge. I have advised the MWCC staff that I am not _�)3 Mr. Dale Runkle December 27, 1988 Page Four recommending a revision to this portion of the Agreement based on the citizens' concern with the trucking of Blue Lake sludge to the Seneca plant for incineration, and also because it is my understanding that the MWCC voluntarily intends to cease incinerating Blue Lake sludge at the plant and may, in fact, cease all incineration of sludge at Seneca. Under Minnesota Statutes Section 473.163 subd. 2, until the budget for the MWCC's fiscal year 1990, those parts of the MWCC's budget relating to revenues and expenditures for capital improvements must be submitted to the Metropolitan Council by August 15 of each year for review and approval by the Council. Since certain portions of the Development Agreement include capital expenditures subject to the Metropolitan Council's review and approval authority, I have discussed with the MWCC and the Metropolitan Council which provisions they will have to approve in order for the MWCC to implement the terms and conditions of this Agreement. According to the MWCC, all of the requirements of the Agreement either have been or do not require Metropolitan Council approval with the exception of the requirements of Section 3.3(a), concerning improvements to the solids processing building and Section 3.3(b), concerning recommendations for sludge management and odor control on either the Seneca incinerators or on an alternative sludge management system approved by the MWCC. Under Minnesota Statutes Section 473.163 subd. 2, the MWCC will have to obtain the approval of the Metropolitan Council for capital improvements to the solids processing building required under Section 3.3(a) of the Agreement and also for capital improvements required as a part of decisions concerning sludge management and odor control of the selected alternative, whether that be incineration, composting or some other method. Since some of this work may be required before the Metropolitan Council's authority to review and approve the MWCC's budget expires in 1990, we expect these matters to be reviewed and, in all probability, approved by the Metropolitan Council. Given the Metropolitan Council's authority to review these items, I have spoken with the Metropolitan Council's attorney to explore the Metropolitan Council's willingness to become a party to this Agreement. At the time of this letter, I do not have a response to that inquiry. If the Metropolitan Council is unwilling to sign this Agreement, that should not, in my opinion, jeopardize in any significant 2A Mr. Dale Runkle December 27, 1988 Page Five way the interests of the City of Eagan under the Agreement. However, if the Metropolitan Council is required to approve these expenditures, but does not for whatever reason, the MWCC's delay in compliance with the terms of the Agreement would be excused pending Metropolitan Council approval or expiration of the Council's approval authority in 1990. As noted previously, the Metropolitan Council's authority to review and approve the MWCC budget expires in 1990. Accordingly, the Metropolitan Council may not be required to approve some of these projects, depending upon when the MWCC believes the budget item should be brought before the Metropolitan Council in order to meet the deadlines in the Agreement. Second, I have no reason at the present time to believe that the Metropolitan Council would not approve capital expenditures for these projects. Finally, since both improvements to the solids processing building and odor control on sludge management methodologies concern odor problems at the plant, I believe that we can seek the assistance of the Minnesota Pollution Control Agency in putting these terms and conditions in the Seneca plant's air permit in order to obtain additional controls over the MWCC and the Metropolitan Council. The Metropolitan Council is a named permittee with the MWCC on the air permit, and if we can include these provisions in the terms and conditions of the air permit, they will be bound by those terms as a co -permittee. I would be glad to respond to any questions that you or members of the Council might have prior to the City Council meeting on January 3, 1988. BAC/jmp Enclosure Very truly yours/, Becky A Comstock DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of , 1988, by and between the CITY OF EAGAN, MINNESOTA, a municipal corporation organized and existing under the laws of the State of Minnesota ("CITY") and the METROPOLITAN WASTE CONTROL COMMISSION, a metropolitan agency established pursuant to Minnesota Statutes Section 473.503 (1986) ("MWCC"). WITNESSETH: WHEREAS, the MWCC is authorized to construct, enlarge, improve, replace, repair, maintain, and operate any interceptor or treatment works necessary or convenient to collect, treat and dispose of sewage in the metropolitan area pursuant to Minnesota Statutes Sections 473.504 and 473.511 (1986); and WHEREAS, the MWCC proposes to expand and upgrade its Seneca wastewater treatment plant located in the City of Eagan, Minnesota, and has made application to the City for approval of the preliminary plat of the Metropolitan Waste Control Addition, dated June 14, 1988, for expansion and upgrading of the Seneca plant;. and WHEREAS,,the MWCC is under a court order pursuant to State of Minnesota, et al. v. Metropolitan Council and Metropolitan Waste Control Commission, District Court, Ramsey County, to complete expansion and upgrade of its Seneca wastewater treatment plant by August 31, 1992; and WHEREAS, the City has received numerous complaints of wataaXxaix x noise and odor pollution from the Seneca plant; WHEREAS, the City has adopted subdivision regulations establishing standards, requirements and procedures for the review and approval or disapproval of subdivisions and platting of subdivisions and is authorized to execute develop- ment contracts embodying the terms and conditions of subdivision and platting approval, pursuant to Minnesota Statutes Section 462.358 (1986); and WHEREAS, the City has approved the preliminary plat subject to and on the condition that MWCC enter into this Agreement; NOW THEREFORE, in consideration of the foregoing premises and the mutual obligations set forth in this Agreement, the parties hereto hereby agree as follows: ARTICLE I Definitions SECTION 1.1. DEFINITIONS. In this Agreement, unless a different meaning clearly appears from the context: "Agreement" means this Agreement, as the same may be modified, amended or supplemented. "City" means the City of Eagan, Minnesota. "Event of Default" means an act or omission by the MWCC or the City identified as such in Article IV. "Project" means the Seneca wastewater treatment plant expansion and upgrade, including odor control processes and equipment. "Project Area" means the existing Seneca wastewater treatment plant and the area designated for the expansion and upgrade of the Seneca plant. ARTICLE II Representations and Warranties SECTION 2.1. BY CITY. City makes the following representations to the MWCC: that: (a) City is a municipal corporation organized and existing under the laws of the State of Minnesota. (b) Under Minnesota Statutes Section 462.358 (1986), the subdivision ordinances of the City, and other state laws and city ordinances, City has the power to enter into this Agreement. (c) City has duly authorized the execution, delivery and performance of this Agreement. (d) City will comply with the terms and conditions Of this Agreement within the time schedules provided. (e) Neither the execution or delivery of this Agreement nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented by, limited by, conflicts with or results in a breach of any law, restriction, agreement or instrument to which City is now a party or by which it is bound. SECTION 2.2 BY MWCC. MWCC represents and warrants (a) MWCC is a metropolitan agency established pursuant to Minnesota Statutes Section 473.503 (1986). (b) MWCC has power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement. - 3 - (c) MWCC is the fee owner of, has an executed purchase agreement for or has commenced condem- nation proceedings with respect to the land situated in the City of Eagan, County of Dakota, State of Minnesota, legally described in the preliminary plat. (d) MWCC is committed to being a good neighbor and employing the best available and most cost effective technology to limit water, air, noise and odor pollution. It is understood and agreed that cost shall not be the sole criteria for selecting the technology to limit water, air, noise and odor pollution at the Seneca plant. (e) MWCC will comply with the terms and conditions of this Agreement within the time schedules provided. (f) Neither the execution or delivery of this Agreement nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented by, limited by, conflicts with or results in a breach of any law, restriction, agreement or instrument to which MWCC is now a party or by which it is bound. ARTICLE III Platting, Permits, Sludge Management and Odor Monitoring SECTION 3.1. PLATTING. The City shall grant final plat approval for the Project on or before May 1, 1989 if the following conditions are first satisfied: (a) By December 31, 1988, the MWCC shall develop a schedule of compliance for construction of the Project and implementation of the terms and conditions of this Agreement, which shall be made available to the City and interested citizens in accordance with Section 6.3 of the Agreement. The MWCC shall meet at least monthly with City officials to discuss revisions to and update the Project - 4 - schedule as necessary, if requested by the City. Interested citizens shall receive notice of each revision to and update of the Project schedule in accordance with Section 6.3 of this Agreement. (b) By February 1, 1989, the MWCC shall develop a plan to eliminate the public address system at the Seneca plant, except as otherwise required by federal, state or local laws, ordinances, rules or regulations, which shall be fully implemented on or before May 1, 1989. (c) By February 1, 1989, MWCC shall develop, document and begin implementation of an odor control program for the existing Seneca plant, which shall include but not be limited to provisions for response to odor complaints, an odor advisory committee and standard operating procedures for proper operation and maintenance of the wastewater treatment facilities, including existing and planned odor control equipment. The odor control program shall be submitted to interested citizens in accordance with Section 6.3 of this Agreement. The odor control program shall also be submitted to the City for review, comment and approval, which shall not be unreasonably withheld. (d) On or before April 1, 1989, MWCC shall complete the Residual Solids Management Phase II Report. Prior to final MWCC decisions regarding sludge management, MWCC shall submit the results of the Phase II Report to the City and interested citizens in accordance with Section 6.3 of this Agreement and convene a meeting of interested citizens regarding the Phase II Report conclusions and recommendations. Notice of the date, time and place of the meeting shall be sent to interested citizens in accordance with Section 6.3 of this Agreement and published in a local newspaper once each week for two consecutive weeks prior to the meeting. By May 1, 1989, MWCC shall, using an outside engineering firm, develop costs and recommendations for the best available and most cost effective technology for sludge incineration odor control, including but not limited to, stack height, incinerator - 5 - q0 controls, incinerator operation, after burners and scrubbers. If the Residual Solids Management Study recommends and the MWCC approves an alternative to incineration for sludge manage- ment, the MWCC shall, using an outside engineering firm, study and recommend the best and most cost effective technology available for odor control for that alternative system and include the best and most cost effective technology in the design for that alternative system. (e) By February 1, 1989, ,MWCC shall develop, through an outside engineering study, and fully implement by May 1, 1989, a program for cost effective chemical treatment of the combined raw wastewater flow, the sludge streams and the process side streams at the Project Area by one or a combination of chemicals, including but not limited to chlorine, iron salts, potassium permanganate and hydrogen peroxide. (f) MWCC shall convey a scenic easement to the City over the property identified in Exhibit A to this Agreement which shall be platted as an outlot. The property identified in Exhibit A shall not be subject to any fees or assessments by the City. SECTION 3.2. GRADING, FOUNDATION, BUILDING AND OCCUPANCY PERMITS. The City shall issue grading, foundation, building and occupancy permits for the Project as and if the following conditions required to be complied with as of the date of each permit application, are first satisfied. (a) In conjunction with Project completion, MWCC shall not dispose of excavated soils on the Project Area west of the existing plant. Disposal of excavated soils on the Project Area east of the existing plant shall be subject to the terms and conditions of a grading permit, which shall take into account risk of fire in the Project Area. (b) To reduce odors in its liquid processes at the Seneca plant, as soon as possible but no later than July 1992, MWCC shall isolate and collect odor in the headworks building (including the bar screens and grit classifiers), aerated grit tanks, flume channels and primary clarifiers. New structures shall include, but not be limited to, sealed permanent covers on the grit tanks, flume channels and primary clarifiers, isolation walls in the headworks building, sealed inspection and sampling hatches, as necessary, and sealed doors on the headworks building and primary tanks. MWCC shall convey the collected odors to a two stage odor control unit, which shall include a first stage, single stage, chemical scrubber and second stage carbon adsorption unit. (c) As soon as possible, but no later than October 1, 1989, MWCC shall design, construct or otherwise provide and make fully operational necessary additional odor control equipment for the Nichols Road pump and meter stations. (d) As and while construction of the Project progresses, MWCC shall install, operate and maintain all odor control equipment and measures to the extent possible, including but not limited to chemical treatment of the combined raw wastewater flow, the sludge streams and the process side streams at the Project Area. Beginning July 1, 1989 and semi-annually thereafter until Project completion, the MWCC shall advise interested citizens in accordance with Section 6.3 of this Agreement of steps being taken by the MWCC to comply with this subsection. (e) As soon as possible but no later than July 1992, the Seneca plant odor control program shall be revised to assure proper operation and maintenance of all odor control equipment, processes and procedures installed or developed at the plant as part of the Project. The revised odor control program shall be submitted to interested citizens in accordance with Section 6.3 of this Agreement. The revised odor control program shall also be submitted to the City for review, comment and approval, which shall not be unreasonably withheld. - 7 - 2 The final occupancy permit for the Project may not be issued until all of the terms and conditions of this Agreement, as of the date of permit application, have been satisfied. SECTION 3.3. SLUDGE MANAGEMENT. MWCC agrees to do the following: (a) To reduce odors in its sludge handling at the Seneca plant, as soon as possible but no later than July 1991 MWCC shall consolidate sludge thickening with sludge dewatering in the solids processing building and replace sludge conveyor belts with, an enclosed sludge pumping system inside the solids processing building. MWCC shall isolate and collect odors in the solids processing building which are generated from the sludge dewatering, solids thickening, solids storage, incineration and ventilation areas of the building. MWCC shall convey collected odors to a two stage odor control unit, which shall include either a two stage chemical scrubber or a first stage, single stage, chemical scrubber and second stage carbon adsorption unit. (b) As soon as possible but no later than October 1, 1989, MWCC shall begin implementation 7-- the design phase of the best and most cost effective technology available for incinerator odor control methods. If the MWCC approves incineration, in whole or in part, for sludge management based on the recommendations of the Residual Solids Management Study, as soon as possible, but no later than October 1, 1991, incinerator odor control methods shall be fully operational. If the MWCC approves an alternative to incineration based on the recommendations of the Residual Solids Management Study, as soon as possible, but no later than July 199,, odor control of alternative treatment and disposal methods shall be fully operational. (c) The sludge incineration capacity at the Seneca plant shall not be increased except to accomodate sludge generated from the Seneca plant and provided that only sludge generated at the Seneca plant is being incinerated at the Seneca plant. SECTION 3.4. ODOR CONTROL MONITORING. Within six months of Project completion, but no later than August 31, 1993, MWCC shall, through an outside engineering study, conduct an odor study of the Seneca plant, which shall include but not be limited to testing odor from the Project and Project Area in accordance with the Minnesota Pollution Control Agency's odor regulations, any federal odor regulations, and any amendments thereto, and evaluating the proper operation and maintenance of the odor control equipment and the need for additional odor control processes and equipment. Following this odor study, the MWCC shall conduct an additional odor study, through an outside engineering firm, upon resolution of the City Council. Such additional odor studies may be required by the City no more frequently than once every two years', unless odor complaints persist following implemen- tation of study recommendations, in which event an odor study may be required once a year until the odor complaints registered with the MWCC pursuant to the odor control program required by Section 3.1(c) of this Agreement are resolved. Each odor study shall include recommendations regarding operation and maintenance of odor control equipment and - any reasonable and necessary improvements to or additions of odor control equipment at the Seneca plant. A public meeting shall be convened by the MWCC to present the results of each odor study. Upon completion of each odor study, the MWCC shall provide notice of the completion and availability of the odor study to interested citizens in accordance with Section 6.3 of this Agreement and publish notice of the completion and availability of the odor study and the date, time and place of the public meeting in a local newspaper once each week for two successive weeks prior to the meeting. Within six months of the public meeting, the MWCC shall implement the best available and most cost effective recommen- dations of the odor study, as the recommendations may be amended as a result of the public meeting. ARTICLE IV Events of Default SECTION 4.1. EVENTS OF DEFAULT. The following are "Events of Default" under this Agreement: (a) Breach of any warranty or representation of this Agreement by either party. (b) Failure of MWCC or the City to perform any terms, conditions or obligations under this Agreement within such period expressly provided in the Agreement or within thirty (30) days after written notice to the MWCC or the City specifying such failure and requesting that it be remedied. SECTION 4.2. REMEDIES ON DEFAULT. Whenever any Event of Default referred to in Section 4.2 occurs, the City or MWCC may take any one or more of the following actions: (a) Suspend its performance under this Agreement, including but not limited to any necessary City inspections or approvals, until it receives assurances, which are deemed adequate, that MWCC or the City will cure its default and continue its performance under this Agreement. (b) Take whatever action at law or in equity may appear necessary or desirable to enforce performance and observance of any obligation, agreement or covenant under this Agreement. SECTION 4.3. NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the City or MWCC is intended to be exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof. In order to entitle the City or MWCC to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required under this Agreement. SECTION 4.4. WAIVERS. All waivers by the City shall be in writing. If any provision of this Agreement is breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent provisions or subsequent breach hereunder. BE ARTICLE V Reimbursement of Costs and Indemnity SECTION 5.1. REIMBURSEMENT OF COSTS. MWCC shall reimburse the City for all actual costs of engineering, consulting and legal fees billed to, and paid by, the City in connection with the preparation of this Agreement and enforcement of this Agreement if the City is the prevailing party in an enforcement action, and acquisition of the scenic easement required by the City prior to final approval of the plat. SECTION 5.2. INDEMNITY. The MWCC will save the City, the City Council, and the agents, officers and employees of the City harmless from any and all claims, damages, demands, actions or causes of action and the costs, disbursements and expenses, including attorneys' and consultants' fees incident thereto, arising out of the MWCC's failure to carry out the terms and conditions of this Agreement. ARTICLE VI Additional Provisions SECTION 6.1. SECTIONS. Any titles of the several sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing and interpreting any of its provisions. SECTION 6.2. FORCE MAJURE. The parties' obligations to comply with the schedules and deadlines for compliance - 12 - set forth herein may be delayed to the extent that noncompliance is caused by circumstances beyond the control of the parties. If any event occurs which causes or may cause a delay in compliance with the schedules and deadlines set forth in this Agreement, the delaying party shall notify the other party in writing within twenty days of the date on which' the delaying party is informed of such event. The written notice shall describe the relevant event(s), the anticipated length of time the delay may persist, the causes of the delay, the measures taken by the delaying party to prevent or minimize the delay, and the timetable by which those measures will be implemented. The parties shall adopt all reasonable measures to avoid or minimize any delay. Those circumstances that will entitle the parties to an excused delay in compliance with the terms and conditions set forth in this Agreement include, but are not limited to, the following: 1. Delays in necessary administrative review and/or permit approval by the City or other governmental bodies, provided the City's delay is not the result of the MWCC's failure to perform under this Agreement. 2. Judicial or administrative order, including modifications to the Consent Decree entered into pursuant to State of Minnesota, et al. v. Metropolitan Council and Metropolitan Waste Control Commission, District Court, Ramsey - 13 - County. 3. Labor strikes. 4. Acts of God. SECTION 6.3. NOTICES AND DEMANDS. Except as other- wise expressly provided in this Agreement, a notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally and addressed or delivered personally as follows: City: City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 MWCC: Chief Administrator Metropolitan Waste Control Commission Mears Park Centre 230 East Fifth Street St. Paul, Minnesota 55101 In addition, the MWCC shall maintain a list of interested citizens, including but not limited to all owners of property adjoining the Project Area and citizens requesting addition to the list of interested citizens, who shall receive copies of stedicaxxeadxxepce$is the programs, schedules, study results, and notices in accordance with the terms of this Agreement. SECTION 6.4. COUNTERPARTS. This agreement may be executed in counterparts, each of which shall constitute one and the same instrument. - 14 - SECTION 6.5. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the date first above written. CITY OF EAGAN By And METROPOLITAN WASTE CONTROL COMMISSION By Its And Its - 15 - of 3830 PILOT KNOB ROAD. P.O. BOX 21199 VAC ELLISON EAGAN, MINNESOTA 55121 Mora PHONE: (612) 454-8100 THOMAS EGAN DAVID K GIISEAFSON PAMELA McCREA THEODORE WACHTER December 29, 1988 cowca � THOMAS HEDGES cn AONrfta ' EUGENE VAN OVERBEKE GNB MR ED DELAFOREST DIRECTOR OF ENGINEERING METROPOLITAN WASTE CONTROL COMMISSION MEARS PK CTR 230 E 5TH ST ST PAUL MN 55101 Re: Seneca Plant Expansion Dear Mr. DeLaForest: On September 21, I forwarded the enclosed letter to your attention requesting MWCC's position regarding the issues contained within that letter. Other than a telephone contact by Mr. Doug Warner requesting further clarification of our concerns, I have not received a response from the MWCC during the past three months. As you are aware, the City is currently pursuing an agreement with MWCC regarding the preliminary plat approval for the Seneca Plant expansion. Should these issues be incorporated into that formal agreement document, or is there some other mechanism that the MWCC proposes to address these concerns? I would appreciate your review and response regarding these issues. Sincerely, V Thomas A. Colbert, P.E. Director of Public Works TAC/ jj CC: Jim Sheldon, City Attorney Becky Comstock, Special Environmental Attorney Joe Connolly, Superintendent of Utilities Mike Foertsch, Assistant City Engineer Thomas L. Hedges, City Administrator Dale C. Runkle, Director of Community Development Enclosure ---"--"� city of eagan- 3830 PILOT KNOB ROAD. P.0 BOX 21199 EAGAN. MINNESOTA 5.5121 Pn7NE (012) 454-8100 VIC ELLISON M-ro' September 21, 1988 THOMAS EGAN DAVID K GUSTAFSON PAMELA MCCREA THEODORE WACHTER Cwr Mw , THOMAS HEDGES MR ED DELAFOREST QIYA I,ab DIRECTOR OF ENGINEERING EUGENE VAN G21AOk RBEKE METROPOLITAN WASTE WATER CONTROL COMM MEARS PK CENTRE 230 E 5TH ST ST PAUL MN 55101 Re: Seneca Plant Expansion Dear Mr. DeLaForest: As a part of the City's review of the preliminary plat application for the expansion of the Seneca Waste Water Treatment Plant facilities, the City received the enclosed letter from the Minnesota River Valley Audubon Club identifying several concerns associated with the impact that the grading and filling operations will have on the wetlands in this area. Also, I would appreciate it if you could specifically address the following concerns raised by the Utility Maintenance Division of the Public Works Department. 1• Will the new expansion/remodelling provide for the installation of pressure reducing valves to ensure that the entire facility is compatible with static and residual pressures experienced in the past and anticipated in the future? 2. Will a "water filling station" facility be provided as a part of this expansion/remodelling to eliminate the need for MWCC to make direct connection to City fire hydrants to obtain large quantities of water from the City water system? Will the new construction provide for a disposal facility adequate to handle the grit and sludge residual from local community sewer cleaning operations within this service district as well as a designated disposal site for private septic system maintenance operations? GROWTH IN OUR COMMUNITY I❑ Agenda Information Memo January 3, 1989, City Council Meeting ORDINANCE AMENDMENT/ACCESSORY HOUSING B. Ordinance Amendment for Accessory Housing --Director of Community Development Runkle is recommending an ordinance revision to those regulations within the City Code that address accessory apartments. The purpose for the change is to designate an accessory apartment in R-1 District as a conditional use rather than a permitted accessory use: This proposed change will establish definite procedures, through a conditional use permit, giving the City Council the authority to approve or deny the application based on conditions met and findings of fact. Recently Mike 'Dougherty from the City Attorney's office addressed the issue of enforcing the City Council action of December 1987 which denied Michael Kalzenberg an accessory housing permit. The reasons stated in Mr. Dougherty's memo provide additional justification for amending the accessory apartments ordinance regulation. For a copy of the proposed ordina ce and memo from Mr. Dougherty, refer to pages_.,.. through .S The Director of Community Development will provide a review of both the existing accessory housing regulations and the proposed conditional use permit procedure at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve with or without modification the proposed ordinante amendment for Accessory Housing. MR ED DELFOREST SEPTEMBER 23, 1988 PAGE 2 I would appreciate it if you could provide the MWCC's position regarding these issues in the near future. I have appreciated your prompt response to other concerns in the past and look forward to hearing from you in the near future. Sincerer y, or Thomas A. Colbert, P.E. Director of Public Works TAC/jj CC: Jim Warwa, Seneca Plant Manager Joe Connolly, Superintendent of Utilities Mike Foertsch, Assistant City Engineer Vvc�' ORDINANCE NO. , AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 11, ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.20 REGARDING ACCESSORY APARTMENTS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: section 1. Eagan Code Chapter 11.20 is hereby amended to read: SECTION 11.20. Subd. 5. B. Conditional Uses. 4. Accessory apartment in existing, owner - occupied, detached single-family dwellings, subject to the following conditions: (a) Application shall be made on forms provided by the City which shall include the following: (1) Legal description of the property location and proof of ownership. (2) Scale plans indicating existing and proposed floor plans and access to both the principal unit and the accessory unit. availability. (3) Site plan depicting parking (b) The Community Development Department staff shall review the completed application and shall determine whether the proposed conversion meets the following standards: (1) The accessory apartment shall be clearly a subordinate part of the single-family dwelling and in no case shall it be more than forty percent (40%) of the building's total floor area. (2) The accessory apartment shall consist of at least twenty percent (20%) of the principal building's total floor area. Living space square footage for the accessory apartment shall include a kitchen or cooking facilities, a bathroom and a living room. (3) No front entrances shall be added to the house as a result of the accessory apartment permit. (4) The house shall be owner -occupied. (5) A minimum of four off-street parking spaces shall be provided. (6) The accessory apartment and principal unit shall meet the applicable standards and requirements of the City Code, Building Code and Fire Code. (7) the building and property shall remain in single ownership and title and shall have only one mailing address. (8) Only one accessory apartment permit may be issued for each detached single-family home. ) The community make a recommendation to approv�orde nythe appl cation based upon a statement of findings relative to the above standards. This recommendation shall be submitted in the form of a staff report to the Planning Commission. The application will be processed in accordance with Section 11.40 Subd. 4, except as noted in this subdivision. (d) The City has the right to attach conditions when approving an accessory apartment permit. The City shall require the owner to place restrictive covenants to be recorded with the property controlling the accessory apartment. Such covenants shall be approved by the City Attorney. (e) Upon the sale of a home having an accessory apartment permit, the buyer shall submit a new application for renewal of the permit. (f) An accessory apartment permit shall terminate if the above referenced standards are not adhered to. (g) The Council may revoke an accessory apartment permit if the criteria and conditions under which the permit was granted are violated. Section 2. Eagan City Code Chapter 11.20 is hereby amended' to delete Section 11.20 Subd. 5:.,C.7. in its entirety. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: By: Its: Clerk Its: Mayor Date Ordinance Adopted: Date ordinance Published in Legal Newspaper: 53 M S M 0 R A H D O M TO: Tum Sedges FROM: Mike Dougherty DATE: December 61 1988 Am: Yetzer complaint/Accessory Housing Ordinance Our File No.: 206- (OOE) In preparation for and in conjunction with our meeting of December 5, 19881 with Mr. John Yetzer, it was decided that the complaint being brought by Mr. Yetzer, regarding accessory housing, as well as general concerns regarding the ordinance itself should be brought to the attention of the City Council. A brief summation of the f&cLs a,:t as follows: 1, in April of 1987, the City adopts an ordinance creating accessory apartments. Eagan City Code, Section 11.20, Subd. 5(c)7. 2. August 25, 1987, Michael Kelzenberg petitions City of Eagan for accessory housing permit. 3. October 20, 1987, Council resolves to deny the application based upon the strong opposition of the neighboring property owners. (Mr. Yetzer included.) 4. October 7, 1988, complaint received from Mr. Yetzer advising the City that the basement of the Kelzenberg properties is being rented in contravention of the ordinance and Councillc action. After reviewing the circumstances of the Kelzenberg matter with the appropriate staff, two immediate observations come to light. 1. The ordinance creating the accessory apartment use needs to be revised in such a manner so that the City controls the situa Lion Lhiouyh %;oa',Jl Lional use potwiLn. 2. Unless a Violation of the present ordinance has occurred and is continuing to occur, the City may not be in a very good position to stop Kelzenberg from continuing the use. In the Kelzenberg matter, it is important to note thAt the accessory apartment use is a permitted use under the ordinance subject to the 01 standards set out in the ordinance. In evaluating the obligations imposed upon the City with regard to a permitted use, the special use permit is often times compared with a request for a variance. A variance allows property to be used in a manner forbidden by the zoning ordinance while a special use permit allows the uses expressly authorized by an ordinance; therefore, when an applicant requests a variance, a heavy burden is imposed upon the applicant to show that its grant is appropriate, while in the instances regarding special use permits, the burden is upon the City or other party opposed to the granting of the special use to establish facts compelling its denial. Luger v- City of Burnsvll , 295 N.W.2d 609 (Minn. 1980). Thus, when a City Council denies a special use permit, the City needs to enunciate specific findings in support of its rational basis for denial. In special use permit cases, the reasonableness of a denial is measured by the standard set out in the particular local ordinance. Aonn v. City of Coon Rani�a, 313 N.W.2d 409 (Minn. 1981). Similar to the aspects of conditional use permits, if an applicant meets the conditions required in the ordinance and the use does not endanger the public health, safety or general welfare of the community, a denial of the permit would be viewed as arbitrary and capricious. It is well founded, that neighborhood opposition and/or asthetic concerns alone will not rise to a level of serious health, safety and public welfare considerations to justify denial of special use permits. The Relzenberg matter boils down to whether or not the applicant has met the conditions set forth in the ordinance. As of this moment, I have not had sufficient information to form an opinion as to whether or not full compliance existed or continues to exist, however, such an opinion may be moot based upon the October 20, 1987, Council minutes which indicate that staff had determined that the request complied with the City requirements. There is a tangential argument concerning a requirement that the applicant place restrictive covenants on the property, and it would appear that this condition was not met or addressed at the October meeting. Nevertheless, the filing of such covenants may place Mr. Relzenberg totally in compliance with the ordinance. As I discussed in my meeting with Mr. Yetzer, the rationale for creating an accessory apartment use in a R-1 district is a policy decision for the City Council to act upon. If the City Council feels that such a use should be retained, I would suggest that they direct the appropriate staff as well as our offices to draft a new ordinance concerning making this type of use a conditional use to include standards for the Council to review in their deliberations. If there are any other questions regarding this matter, please feel free to contact me, otherwise, Jim Sheldon will be available at the City Council meeting to address any concerns of the Council or yourself. THE END -3- Agenda Information Memo January 3, 1989, City Council Meeting ORDINANCE AIUMDNENT/ELECTRICAL PERMITS A. Ordinance Amendment for Electrical Permits --The Department of Community Development has requested that the Electrical Code regulations be amended to provide that only State -licensed electrical contractors receive permits for the installation of electrical work in new structures and only State -licensed electrical contractors or resident owners of the property where work is to be done in existing structures. The City Attorney's office has prepared a memo an proposed ordinance amendment, copies are enclosed on pages through_. The City staff is in concurrence with the amendment as presented. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the amendment of the Electrical Code as presented. N 8 H O R A N D U M TO: Gene VanOverbeke, Director of Finance Doug Reid, Chief Building Official FROM: Joe Earley, Assistant City Attorney DATE: November 23, 1988 RE: Amendment of Electrical Code Our File No.: 206-5316 (OOE) 12 " ), ,BS Our office has received a request from Doug Reid and Bill Aikin, electrical inspector, to prepare an amendment to the City electrical code. The change would allow only state licensed electrical contractors to receive permits for the installation of electrical work in new structures and only state licensed electrical contractors or resident owners of the property where work is to be done in existing structures. The City currently relies on Chapter 1315, Electrical Code, of the Minnesota State Building Code. This amendment is slightly more restrictive than the state building code in that it does not allow future homeowners to do electrical work in property they are building or acquiring. The City has the legal authority to make this change. Subds. 17, 28 and 32 of Minnesota Statutes 5412.221 confer on municipalities the power to prevent and control fires, to regulate construction of buildings, and to provide for the general welfare respectively. In addition, Minnesota Statutes 5326.244, Inspection, Subd. 4, Powers of Political Subdivisions, states: "Any political subdivision may make a provision for inspection of electrical installations within its juIisdiction..." The various rules and safety standards which the state requires electrical work to conform to are outlined in Minnesota Statutes 5326.243, Safety Standards. In addition to outlining the standards required by the state, the statute also reads in pertinent part: "Nothing herein contained shall prohibit any political subdivision from making and enforcing more stringent requirements than set forth herein..." We propose the following ordinance language for your review and comment. ORDINANCE N0. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 4, ENTITLED -CONSTRUCTION LICENSING, PERMITS, AND REGULATION INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARRS- BY AMENDING SECTION 4.03 REGARDING BUILDING PERMITS= AND BY ADOPTING BY REFERENCE EAGAN CITY CODE, CHAPTER 1, AND SECTION 4.99 The City Council of the City of Eagan does ordain: Section 1. Chapter 4 of the Eagan City Code is hereby amended to read as follows: Section 4.03, Subd. 1. Permits for the installation of electrical work in new structures shall only be issued to electrical contractors duly licensed by the State of Minnesota. Permits for the installation, alteration or addition of electrical work in existing structures shall only be issued to electrical contractors duly licensed by the State of Minnesota or to resident owners of property where the work is to be done. Section 2. Eagan City Code, Chapter 1, entitled General Provisions and Definitions Applicable to the Entire City Code including "Penalty for Violation" and Section 4.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: _ Its: Clerk Date Ordinance Adopted: By: _ Its: Mayor Date Ordinance Published in the Legal Newspaper: Agenda Information Memo January 3, 1989, City Council Meeting ACCESSORY HOUSING PERMIT/LARRY LEVENSON B. Accessory Housing Permit for Larry Levenson, Lot 7, Block 10, Cedar Grove 7th Addition --Larry Levenson, Lot 7, Block 10, Cedar Grove 7th Addition, applied for an accessory housing permit under the current regulations and according to the Department of Community Development, all conditions have been met according to the City Code. Notification was sent out to the surrounding neighbors and if there are no objections expressed by any of the neighbors prior to January 3, 1989, there is no official action required by the City Council. If there are objections, then it will be necessary for the Council to consider this permit application as presented. For additional information on the Accessory Housing Permit, please refer to a memo ,from the Department of Community Development found on page. ACTION TO BE CONSIDERED ON THIS ITEM: There is no action required on this item unless there are objections expressed from the neighbor, then the City Council must consider the application with either an approval or denial of the Accessory Housing Permit as applied for Larry Levenson. TO: Thomas Hedges, City Administrator FROM: Jim Sturm, City Planner RE: ACCESSORY HOUSING PERMIT DATE: December 29, 1988 On Wednesday, December 23, Doug Reid and I inspected a home at 4093 Halite Lane for an Accessory Housing Permit. The Levenson's will construct the new kitchen if/when the permit is approved. Mr. Levenson's father will be the tenant and the building plans have been reviewed by the Inspections Department for both City Code and Uniform Building Code conformance. Notice of this application was sent to adjacent neighbors within 150 feet and, if no written comments are received prior to Tuesday, January 3, the Accessory Housing Permit shall be considered final. If written comments are received, the Council will need to make that final decision. The applicants were advised to discuss this application with their neighbors prior to our written notification. I will fill you in on the situation at the Tuesday, January 4 staff meeting. Condition of Approval: The kitchen area shall be completed as per the October 12 blueprint before the Accessory Housing Permit becomes valid. JS:tp cc: Dale Runkle Doug Reid MEMO TO: HONORABLE MAYOR 6 CITY CO FROM: CITY ADMINISTRATOR HEDGES DATE: December 30, 1988 SUBJECT: INFORMATIVE WOODGATE HOMEOWNERS ASSOCIATION Enclosed on page (#-2� is a copy of a letter sent to the City by the Woodgate Homeowners Association III. JAY BERTHE'S RETIREMENT DINNER Just a reminder that the retirement dinner for Chief Berthe is Wednesday, January 4, 1989, at the Lost Spur Country Club. If you know of anyone who would like to attend, please have them contact Linda Bendt within the next few days. THOMAS LAKE CENTER MERCHANTS ASSOCIATION Enclosed on pages Go� through (Al_ are minutes of the last Merchants Association meeting held on December 12, 1988. The Association was formed to work with the City and the County to minimize the impact of construction on Cliff Road. PUBLIC FINANCIAL SYSTEMS Enclosed without page number is a copy of the most recent Public Financial System's newsletter. A special wish to you and your families for a Happy New Year. /s/ Thomas L. Hedges City Administrator l0 Z, all WOODGATE HOME OWNERS ASSOCIATION III P.O. BOX 21012 EAGAN. MINNESOTA 66122 The Honorable Victor Ellison Councilpersons Egan Gustafson McCrea Wachter Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Re: Project 524 Dear Sirs and Madam: December 27, 1988 Minn. Stat. Sec. 429.051 states "Cost of any improvement, or any part thereof, may be assessed upon property benefited by the improvement, based upon the benefits received, whether or not the property abuts on the improvement ." We of Woodgate III Homeowners Assoc. are outraged at your discriminatory act against multiple family dwellings. The single family residents not only share in the "so—called" increased value of their property, but also in the use of the sidewalk and trailway. Is this fair? We believe this project should also be covered by the road construction fund as is the Rahn Road project. WOODGATE HOMEOWNERS ASSOC. III Board of Directors 3 ,1/icc_ pro ldad- { RECEIVED C26 THOMAS LAKE CERM MERCHANTS Thomas Lake Center 1565 Cliff Road Suite 3166 Eagan, Minnesota 55122 The refreshments provided by Jonathan Dental was our way of saying Happy Holidays to all our fellow merchants in the center. In attendance: Mark Reiling, Towle Realty Larry Hempler, Towle Realty Dave Everds, Dakota County Engineer David Zech, Dakota County Highway Department Tom Colbert, City of Eagan Carbons: Jerry Anderson D. Carbon Daulton For Hair: Denny Daulton Jonathan Dental: Audrey Weiner Mail Boxes, Etc: Chuck Shults (Thanks for the chairs b coffee pot!) Travelink: Brenda Bader True Value Hardware: Dick Nestaval Pete Dennie once again the purpose of this meeting was concentrated on the upcoming spring construction on Cliff Road. Ton Colbert read a letter from John Voss, Dakota County Commissioner. A copy of this letter which was sent to Ralph Linvill, Linvill properties is enclosed, Dave Everds and Dave Zech have talked to the contractor about options and will continue to look into ways of making the road closing as brief as possible. Inabeck is the contractor, Frederickson is responsible for the storm sewer am- struction. The following are the stages of road work: 1) Excavation should not take more than 2 weeks time and the poorer material would be on the west side Of Cliff 2) Grll Grading, (same as excavating) 2' of material win be moved 3) Storm sewers (does not cover whole length of road) 4) No water main 5) No sanitary sewer 6) Gravel is laid 7) Curbs and gutters (2} to 3 days, 72 hours for casing) 8) Shaping 9) Three separate phases of pouring asphalt . Dave Everds feels it's better to do all the work at once, and SPEED IT UP, instead of stages, which conceivably could double the time of construction. If the work were don in two stages, the cost would escalate. There is also the possibility of danger to the work crews, as Dave cited several previous injuries from auto traffice during construction. Dave will try to develop 6D TLC MERUiAWS ASSN. 12/12/88 MINUTES continued a plan to keep the west end of Cliff open as long as possible. However as was stated, poorer grading material is on the east end, therefore it might be necessary to dig into the west end sooner. Dave also feels that good co-ordination with the utility companies might mean one part of Cliff could open sooner, while the rest of the construction is being completed. He would also try to work with the contractors to perhaps work extra days. What this all adds up to is that Cliff Road will be closed probably the beginning of May. The project won't begin until the weather is good. During the time of road work Cliff will be closed from Johnny Cake to the east end of the road. Beacon Hill will stay open and cross Cliff to the Center. This is the only open road crossing Cliff between Pilot Knob Road and Johnny Cake Ridge Road. Thomas Center Drive will be open from the Center to Diffley Road. Cliff Road traffic will be rerouted to Diffley. The project is slated to take approximately 5 weeks. Following the c<mpletion of this project, work will begin on Diffley between 35E and Pilot Knob, and all traffic will be rerouted to Cliff Road. This is a longer project. Also to be completed are the final grading on Pilot Knob and Diffley. Signage giving directions to the Center has to be coordinated with Pete Sorenson, Traffic Engineer. Larry Hempler from Towle will contact Pete. Mark Reiling was questioned on how Towle Realty was going to help the merchants during the construction period. Specifically he was questioned about rent reduction. He was also asked if Business Interruption Insurance would apply in this situation. On Monday, January 9th, Mark Reiling and Ralph Linvill will meet with our association to discuss the financial impact'on the Center and what their respective companies are willing to do. This meeting will be held at Mail Boxes, Etc. It is hoped that we will have full attendance, and some concrete answers. On Monday evening, Febuary 13th, the association will meet with David Everds, David Zech, and possibly Mark Reiling to see what progress has been made with the contractor. No meeting place has been set. It has been suggested by several members that we meet at a restaurant, (not necessarily any particular one, but perhaps change the locale monthly). The reason being more room, a chance for those of us to grab a bite of dinner or a drink. Please bring your thoughts on this to the January meeting. Two additional thoughts. Melinda Shults went to a lot of trouble to collate our letters to State, County and City officials. Some of us still owe her $3.00 for those packages. it is hoped that at our January meeting we can set up a budget for the association, or at least dues that will cover this expenses. It is also hoped that we can direct our attention to other mutual problems. Until January 9th, 1989, here's wishing you all a VERY HAPPY HDL,IDAY. Sincerely, 7 U S DAKOTA COUNTY DAKOTA COUNTY GOVERNMENT CENTER 1560 HWY. 55 • HASTINGS. MINNESOTA 55033 • PHONE 43"29 December 1, 1988 JOHN S. VOSS COMMOSOMn. mmmosmcr 3976 DOLOWE DRIVE EAGAN. MN 55122 TELEPHONE RESIDENCE 452.1033 OFFICE 431I4oi Mr. Ralph Linvill Linvill Properties Inc. ..;: Burnsville Heights Business Center 11975 Portland Avenue, Suite 126 Burnsville, MN 55337 Re: Cliff Road Reconstruction - Thomas Lake Center Merchants Association Letters Dear Mr. Linvill: I have discussed your Merchants Association letters!and meeting with the County Engineer's office and would like to provide the following information. Dakota County acknowledges the tenants and partner's concerns about closing Cliff 'Road for a period of time late next Spring. The County will discuss these concerns with the City of Eagan and the Contractor to determine if access to the Center, as covered in the project special provisions can be improved. Construction activities will begin again by May 1st, as weather permits, and should be completed by mid-June. The Contractor is on schedule and should be able to complete the project within the time allowed in the contract. Constructing storm sewer and the new roadway will completely eliminate the existing road. Operation of heavy equipment for construction and the .excavation work required will make portions of the road very•inconvenient and unsafe for travel. The County's desires for the project are to safely complete the work in the shortest amount of time at reasonable cost. Hopefully the County and the Merchants Association agree that safety to the traveling public and the construction personnel should not be compromised, completion of the work should not be unduly delayed and that the costs of the work should not be increased to the taxpayers. AN EQUAL OPPORTUNITY EMPLOYER Mr. Ralph Linvill Page 2 December 1, 1988 Some revisions to the project that can be investigated are (1) incentives for earlier completion of the remaining work requiring road closure, (2) preserving access to Thomas Center Drive from Beacon Hill Road, (3) phasing construction so Cliff Roadremains open to Thomas Center drive or Thomas Lake Road. If the Merchants Associaton has other suggestions, we would also consider them. There is no guarantee that construction can be reasonably will try to help. Sincerely, access to the Center during improved, however, the County John S. Voss . County Commissioner, Third District JSV:clj cc: Donald Chapdelaine ,y MINUTES OF REGUI;U MEETING OI�•''1'H8 SAGAS CITY COUNCIL DECEMBER 208 1988 A regular meeting of the Eagan City Council was held on Tuesday, December 20, 1988, at 6:3:{f:**;afi:;.te:;:Eagan Municipal Center. Present were Mayor Vic members Wachter, Egan, Gustafson and McCrea. Also prei4it we&} City Administrator Tom Hedges, City Engineer Tom Colbe=t, CoidmUnity Development Director Dale Runkle, and City Attorney; 'gimes 4t4don. Egan moved, Gustafson seconded, the motion to approve the agenda as presented. All voted in favor. MINUTES December 6. 88,Maps:;:,.spm requested an addition on page 10 regarding the Airport Adequacji'`3tui;:as follows: City Administrator Tom HOd99A::::Pr-ZZkkhted the following five recommendations to the Coun.ef::::oz:•:;C'heir review: 1. Endorse the Metf'opolitan Council Task Force's Two -Track Approach which would permit consideration of expansion of capacity at the current airport, which property is identified and banked for a potential future airport. Such endorsement contingent...%ipop.:the exclusion of the third parallel runway::CtG{:1::study as the "far parallel° 2. Insist that the'`@trvi'ifiti[ttti] reviews of both the proposed Runway 4/22 Extension:ftd tt*.:;:proposed North/South Runway be exhaustive, both in::xerma::W identification and mitigation of impacts;;:: 3. Demand that expansion of capQity at the current airport be managed in such a manner as to utilize the noise abatement capacity of the Eagan -Mendota Heights Corridor as it is currently defined by the Metropolitan Council Aircraft Noise Policy Contours. Further that Metropolitan Policy be amended to provide for compe#rrdation for communities and/or property owners in the event that impact areas broaden, expand or shift;;a&•.;:.:;ce&}i:.;A operational changes at MSP. 4. Support expansi4i:%4.jW.%V:.::City gDjy as necessary to meet demand until a r�eMadiiiehe`Nfiport can be built. 5. Support an acceleration of land-bank/development process for a replacement a�— ort to the extent possible. Page 2/EAGAN CITY COUNCIL MINUTES r December 20, 1988 McCrea moved, Egan sebonded, the',.". tion to approve the minutes for the December 6, 1988,::Xegular Coyrfeil meeting as amended. All voted in favor. SELECTIOIf:`: 'i iEF OF POLICE City Administrator Tom Hedges explained the Anterviewing process to the Council. Mayor Ellison stated that all three finalists were excellent candidates for the., position.. but that Pat Geagan stood above the rest. Councilmember Mc ed :.:. jicompetftion was tough. Councilmember Gustafson co:pjcCrea and stated he was glad Pat Geagan was chosen for the P;isktiort' -Jay Berthe commended the Council and Pat Geagan on the A ectior};;: Gustafson moved, McC*i:::isCo�`:he motion to approve the selection of Pat Geagan as`'C29ief dlice, subject to a physical and psychological examination, to fill the vacancy created by Jay Berthe whose retirement is effective January 20, 1989. All voted in favor. AUTHORIZATION TO PURCHASE POLICE SQUAD CARS City Administrator 1Oges introduced the matter to the Council. Geagan informed tIie':'�a:Eiii�Jik•;•-they were requesting the purchase of six squad cars, nqt .'setgh:*:'As stated in the memorandum. Wachter moved, Gustafson:':,ectiiit3``the motion to approve authorization to proceed wfarchase of six police squad cars from Viking South dale Ford*::. - ...o amount of $13,377.00 per vehicle with the understanding that the 1989 budget as it relates to police capital will be reappropriated by the deletion of certain capital items to allow an adequate amount for acquisition of the squad cars. All voted in favor. AUTHORIZATION TO PURCRW---.'#M ::::' VEHICLES #i::i?EST� POLICE ADMINISTRATION Gustafson moved, Wachter seip}�ded,:ithe motion to approve the acquisition of one police admini"tati '..;::car from the Thane -Hawkins Polar Chevrolet in the amount of $10,98800 and for the City to negotiate the acquisition of an additional administrative car at either the dealer auction or a rental agency. All voted in favor. PROJECTS 83-J, 85-E, 85-F AND 86-Q DECLARE DEVELOPER IN A -*DEFAULT Public Works Director;: -T..= etA;pkOX.t::.':�ovided the background on the matter to the Council. MaypX:::4;1:;i� i}iit: jitioned if the developer was present. Mr. Colbert stated the develope.K was not present at the meeting. Councilmember Egan questioned �kf. the developer had been informed of the City's position and que$tioned the kind of remedies available. City Attorney James Sheldon stated a formal declaration Page 3/EAGAN CITY COUNCIL MINUTES December 20, 1988 was necessary to begin tk0V process andi-".�hat the matter would be discussed in a closed me4ng. ...... Egan moved, Gustaf SOA�i4g-- a,Q44egl-j*A"�'he motion to declare the developer in default for ... j*i* ;-:J (Park Cliff 2nd Addition), 85-E (Oak Cliff 2nd Addition); (Park'Cliff. 3rd Addition), and 86-Q (Oak Cliff 4th Addition) and authorize the .. City Attorney's Office to pursue remedial corrective action as m All voted in favor. may be appropriate. City Administrator Tom Pastor Block was leaving his Egan moved? McCrea seJieipd, for his timeand dedicati6n. All stated that the Police chaplain on;i January of 1989. otion to commend Pastor Block in favor. CONSENT AGENDA A. Personnel Items. 1. Additional It was recommended to approve the hiring of Bonnie Blood, Cllr%stipr.Mesko, Jason Onstad and Lisa Register as seasonal skating :,.:ink S embers for the 1988/1989 ...r winter season. 2. City Planner. it X ** :M �tlommended to approve the hiring of James L. Sturm for the * Poi�ftion of City Planner, subject to successful completion of the City's physical• examination requirement. B. 1989 Cigarette License Renewal. It was recommended toi:4*—.. garette license renewals for 1989 as presented. LqW6!1-V0,--VT@MM was recommended to appro1W-2'theree kennel license renewals for 1989 as presented. It was recommended to approve the> 89 refuse haulers license renewal list as presented. was recommended to appro1W-2'theree kennel license renewals for 1989 as presented. It was recommended to approve the> 89 refuse haulers license renewal list as presented. Page 4/EAGAN CITY COUNCIL MINUTES December 20, 1988 E. Containers. It was recommended to '$jQq successful bid for the two-piece stackable recycling'''t^onfgf3her with both containers solid sided, to be used by households for 'curbside recycling. It was recommended ta.. ..ii is z :: #E transfer of Quit Claim process for the"exce ;:'p'ublz�: right-of-way and authorize the Mayor and City`'tlerk--:to execute all document - G. title through a of Safari Pass related It was recommended to approve the seventh and final payment for Contract 87-16 (North Nicols Road) to Valley Paving, Inc. and authorize the acceptance of the improvement for perpetual maintenance. H. Approve New M +ni i:p .... ate Aid Street Designations. It was recommended to ap�ove'ii':.:Yegplution designating additional municipal state ai..-�strp. :*metes and authorize the Mayor and City Clerk to execute all: #ei.';'eiel'i3ocuments. Al. I. Contract 87-3 TnP Stance (Fire tati r, an It was recommended to approve the fourth and final payment for Contract 87-39 (Fire Station No. 4) to Dell's Construction, Inc. and authorize the acceptance f•cr.:;pkp�tuai.:mdintenance. J.contract 88-4 Final p w .;* A 9 @RtAnce (Pump Howe y 101 It was recommended to approls the i#4xth and final payment for Contract 88-4 (Pump House No. 10);fo A�3f*:R construction, Inc. and authorize the acceptance for perpetual'. intenance. R. PLolect 463. Final Paament It was recommended to approve thepayment to Dakota County for Project 463 (County Contract 32-03)�.'fbr the improvement of Cliff Road east of Trunk Highway ::::::::::::::::::::::::::::.: Page 5/EAGAN CITY COUNCIL MINUTES December 20, 1988 L. It was recommended to agpttiy sixth and final payment for Contract 87-15 (Wescott Road -*"-b' Il'ities)'to opts Corporation, Inc.. and accept the improvements for perpetual maintenance. I W:V=141119� It was recommended to appr0-:-:-;--- .ve;the;i:i-.thi rd and final payment for Contract 87-20 (Pressure Reduci44 Stat-�ons) to m & 14 Sewer and Water, Inc., and accept the improvemenjij$.for,:jAirpetual City maintenance. N. Stonebridge - Trunk Ut-i]jtjeq). It was recommended to approve the sixth and final payment for Contract 87-22 (Hills of Stonebridge - Trunk Utilities) and accept the improvements for perpetual City maintenance. 0. Contract 87-23, Pi ........ Trunk Acceptance (griffle g-idge U'Al ities and Atreet-g) . It was recommended to ap nth and final payment for Contract 87-23 (Bridle 0. 1 . itilitias and Streets) to ...... Nodland Construct* C--, and n� perpetual maintenance. theimprovements for p P. Contract 87-25. A]2prnue Change Qrdpr-No 3 (Braddock Trail - Sidewalk/Trail). It was recommended 0V Order No. 3 to Contract 87-25 (Braddock Trail - Tr."*'&'*iiiay)'-'-'&Wd-'-:iiiithorize the Mayor and City Clerk to execute all related docL&anta-.-'-:-'--:' Q. Project. It was recommended to approve as written the question for the February 14# 1989, Community Center Referendum. R. ADDrove It was recommended onsfor miscellaneous street mainten fi-*8'0"equipment and authorize the advertisement for a bid opening to be k0%,:d on January 10, 1989, at 1:00 p.m., for the tandem axle dump trdek-!with snow plow equipment, P.m.r and January 10, 1989, at 2:00 for"ihe street sweeper. Page 6/EAGAN CITY COUNCIL MINUTES December 20, 1988 Egan moved, Gustaf soit'seconded, t" motion to foregoing consent agenda items and autebnrize their All voted in favor. SKYLINE ROAD/SIBLS approve the implementation. Y HILLS 0Wf3NSIQN (STREETS AND UTILITIES) McCrea moved, Gustafson seconded, the motion,to continue the public hearing for Project 543R (Skyline Road/Sibley Hills Drive Extension - Streets and Utilities) to January 17, 1989. All voted in favor. .......... VACATE PONDING AND OTILI2T-'*::EASE T/GALAkIS CLIFF PLAZA Public Works Director Tom .GO�bert:Uformed the Council that due to the uncertainty of the is#xxal:<. t ....sioval, staff was recommending that the petition vacation:::#e `i3enieii;rid that it be reconsidered at such time as the final plat is proposed to be processed. Wachter moved, McCrea seconded, the motion to close the public hearing and to continue indefinitely the vacation of the ponding and utility easements within ltbe. proposed Galaxie Cliff Plaza Addition, until final lat a ,'7�:1.,ypted in favor. FINAL RATI BUDGET City Administrator Tom 5Heck' Qz:;.: ese*hted the matter to the .... .':': •: Council. Mayor Ellison stated: } �r was an overall increase but there was a decrease in the mill* t;' Councilmember Wachter stated that staff had done a wonderful:)ob on the project. Wachter moved, Gustafson seconded, the motion to ratify the 1989 general fund and public utility operating budget as presented. METROPOLITAN:::.::.;.'::•:::;:•::•:;:; .;•::.: .:.:SSSNTATIVE ..............:....:.. City Administrator Tom Hedges-1pdat the Council on the matter and explained the process. He distfxbute4:; copies of a letter received from Margaret Schreiner. (see Exh#;4it A)::Margaret Schreiner and Deborah Tompkins presented their respece qualifications to the Council. Councilmember McCrea stated she felt it was important for the Council to endorse a candidate. Mayor E11,ison stated he felt Eagan needed representation on the Council. matter. Touncil voted on the McCrea moved, Gustaf soi#::,ig GQ - motion to endorse Deborah Tompkins for appointment to ".:... ict Fifteen of the Metropolitan Council to replace Mary Martin who is nd:•seeking reappointment. All voted in favor. Page 7/EAGAN CITY COUNCIL MINUTES December 20, 1988 Councilmember McCrea the Governor. SENECA WASTE send a follow-up letter to PLANT AGREEMENT City Administrator Tom Hedges updated the Council on the project. Becky Comstock presented-:::tbe::::p1pRjMwd agreement and stated that the MW CC mtie::: 1:............. .. M T �F . one stated there was a new Section 3.4, which gave contro18-:*:':'-.'Aeyonft992. She described various provisions f the 6 e agreement. Councilmember Egan quest -k0'. i 'i X': . L- agreement was a draft document. Ms. Comstock sta, .W. L*wn*:'.4 raft document at this time as the revised agreement had not b-eearoved by the MWCC. However, the MWCC had approved an earlier agreement known as the "December 13th" agreement. Mayor Ellison asked Ms. Comstock to point out the differences between the proposed agreement and the adopted agreement. Ms. Comstock outlined the changes. Councilmember wachtei.. q was concerned with the track record and felt that the 0 ould have a method for enforcement. He was disap oi Councilmember Egan ques re were any rights or remedies changed from the ek 4 proposal. Ms. Comstock stated '6ns an only the odor review provisions the City staff inspections. There was further discussion regarding the revisions to the agreement. Ms. Comstock summarized the MWCC's primary concerns with the new agreement. Councilmember McCrea was impressed with the proposed agreement mayor :�.�:Xhat no one would come away completely satisfied. Jean Matross (Attorney for'ri&Pped the background on the matter and stated the time sched "C'. 0 It"t the conditions was the 25 t only sticking point as the 1992 dee coiA:id not be met. She stated the schedule presented by MWCC was its best"Ntimate. Bob Isaacson (MWCC Engineer) reviewed the improvements and stated that five to six projects were converging on one plant. He stated there was complicated constructim.'imanagement and stated an alternative of installing incinerator o&` control before 1992 if the n incinerator was continued. thi;.*implementation had been reduced from seven to eleve five years. Mayor Ellison quest ' ioned if it was physicjfl: Mr. Isaacson it was improbable. Councilmember Egan question*'#:if it could be done but it was economically more expensive. Mr. Isobson said that was a fair statement. l' e ge 8/EAGAN CITY COUNCIL MINUTES December 20, 1988 Betty Bassett stated -'she felt the:;:' CC was sliding back to its original position and that::.;pismanagemsii� had caused the present odor problems. She had concerns.:::s�.ardincj..:.ti :e scenic easement as it gives the citizens no security. SF��ing was being done. John Wesley, 1747 Bluebill, stated he felt'the MWCC was dragging its feet and that it could meet the deadlines. He had concerns regarding the escape clause and requested the City meet with the PCA. City Administrator Tom Hed9es.::staterd; staff had been in contact with the PCA. Community Developed nt;:...... ..Dale Runkle explained the permit process of the PCA and sYiaCecl brat the City would have input. Mr. Wesley stated the goal ::Acould::.: to clean up the plant as soon as possible. He also ,)ia,d.,:epxnS:cegarding the zoning. City Attorney James Sheldon stai*k' ie' ri cil was dealing with the platting concerns at the piesent tiili'E': Mr. Wesley distributed information on zoning (see Exhibit B). Terrell Fridley (Attorney for Citizens Against Seneca Expansion) stated he felt the agreement Ms. Comstock presented was the best possible agreement. He fur. kar.stated the 1992 deadlines were appropriate. He requested ih.,# ."iddi.tion of language that the zoning was I-1 and requested other John Melon, 3680 Ash bury;$oad,;;;' ' '' ' �serssed his concerns regarding enforcement. Councilmember MO.Cr?;::txtgted several provisions of the agreement addressed enforc�iitett ..touncilmember Gustafson stated the PCA had rules and regulati�rlfs enforced. Councilmember Egan stated the agreement was much improved from the last one the Council reviewed and felt there were remedies of default available for Council action. Mr. -Melon stated he felt enforcement was more important than dates. Mayor Ellison con cued.:?ii't4+;::.Melon and stated he felt a decision should be made as: tio:":�i-'3if:i ,:O:dat :-":was more important. Councilmember Egan felt the MWCC:.yt4Ls saj!dng it was economically irregular. He felt 3 1/2 years wag:enoutime. He further stated it was necessary to have a monitoriftj systQgX and that the agreement as presented accomplished many of tfii�concikihs. Councilmember McCrea supported Mr. Egan and felt the dates m4y need modification. Councilmember Gustafson stated he was sensitive to the past problems and also to the MWCC's concerns. He felt the agreement as presented was the one the Council should adopt. Councilmember Wachter felt the PCA had not done its job. He was totallir::;discouraged and not happy with the agreement. He felt the concerng;:of the neighbors were not addressed. Mr. Egan stated the pr elimiaa=y plat was contingent on any agreement. Mayor Ellison prjkgf;is#tter would be back before the Council in January becaiaaiie>:;ie MWCC would not approve the agreement. Ms. Matross informed the Council tRi t if the 1993 date was granted, the remaining items could be discussed. She stated the one Page 9/EAGAN CITY COUNCIL MINUTES December 20, 1988 point in disagreement wa'ti"'the 1993 da�tC Mayor Ellison suggested that if the Council compromisQ4...on the datzw: they would be farther ahead as the matter had gone six mc=fis- Ms. Matross stated she could commit to the noti .�`.. and a two year review. ce Mayor Ellison recommended continuing the Matter for two weeks to allow review regarding the date,, with the other language remaining the same as Proposed. Councilmember Egan stated they must insure that the other provisions remain the same as proposed. McCrea moved, Gust afii15h1'-'t6. h***d-_i-id*i:-::-:-t,-he motion to continue the X MWCC agreement for the expansidi�:Of tBig.*-Seneca Waste Water Treatment Plant to the January 3, 1989 Q.q;qncil.-4peet1ng to allow for further review regarding the dates, ...... ** er language remaining the same as presently proposed":*:-':. n favor. AP. Councilmember Gustafson stated he felt that if the Councilmembers did not receive a final packet by December 29, 1988, the matter should not be heard at the January 3, 1989, Council meeting. PARK Elft! pN/FSDSRAL r.MD COMPANY City Administrator TOM Had ge'S'-%'&' n'-fir'qdu ced the matter to the Council. Community Developmea-i Di1;eQt&:6'::Qale Runkle presented the details of the development an %Ap An and referenced the Parks and Recreation Committee's Martin Colon (developer) introduced the following people who would be presenting the pioject to the Council: Tim Erkkila - Land Planning Report Presentation; Fran Hagen - Utilities Presentation; Mitch Wanson - Traffic Presentation; and Charles Bartholdi - Legal Presentation. Tim Erkkila explained *the' of the land use planning and stated the developer was tiveiii. r �*;D the existing development patterns. He presented a diag f thWi-*current uses. He stated there was no current residential usesid tho . pie was no definitive reason for the D -III designation. He stated tie comp guide plan was incorrect as the D -III designation was incompatable with park use. He suggested a commercial planned development was the best use for this site and also pointed out that a planned development preserves the municipal review process. Fran Hagen updated the Council on"*.-Ae grading and the utilities aspect of the project;fHe::K-*V-I:iW*i$:::.tA'O::::..qirading plans and possible "N' . changes, the quality wi area and the sanitary sewer and water main services.. Mitch Wanson (traffic engineer) bA*ifly described traffic presentation to the Council. Page 10/EAGAN CITY COUNCIL MINUTES December 20, 1988 Charles Bartholdi sunkTogrized the;:4.yerall presentation and referenced letters and rep t.S which. -i -U3 been sent to the City Administrator. He requested'-::43:.:>tYa 1='�fits be included on the record in regards to the applicatioii'c*:':I"W" f:iiYther: stated Federal Land was willing to accept all staff conditions and assessments and that it would satisfy all City concerns. He updated the Council on the status of the HRA option agreement and stated that if the property were used for elderly housing, the square „footagg.:of the remaining project would be reduced. He requsrs ei#:::a •.. '..tom...*'to rebut the adverse data and stated the architect was a+tail'BI��:'fur::i:uestions. IX Pat Laughlin (Hoffman Deve1:apuent.)-:::;4ad concerns regarding the ponding's effect on its proper <:•::: Doris Wilkins stated' senior''iafe was necessary in Eagan and that the site in question was an excellent choice. She suggested the Council require senior housing as a condition of approval. Councilmember Egan questioned if the parking stall requirements were met. Mr. Runkle state¢:.;the requirements had been met. Mr. Egan had concerns regarding the:::sy��gt..on the traffic. Mr. VanWormer addressed the traffic conce'?h:g�:�}i0*t4-1e. access problem. Public Works Director Tom Colbert informed. the*'Ccuii'ciil that the County wanted to view the access on the entire�strip.::bd;Wiie final approval. There was much discussion regarding the:mccss:':aiS'ii the traffic study. Mayor Ellison questioi":''I f the piece was evaluated for the traffic study as commercial or residential. Mr. VanWormer stated it was reviewed as commercial'and that the access would work until three lanes were necessary. Councilmember Egan had:;canCez.EtS::Ees�arding potential assessments and questioned if the City;ta}itijA'**r**_ft;; cial agreements. Mr. Colbert suggested the pre -payment of pro�.e4ted ,Obligations. Mr. Egan had concerns regarding the Hoffman pdij6. Mr. iColbert stated the storm plan anticipated some flow from €4: pr `''ct. od: Mayor Ellison asked for the results`of the commercial study. Community Development Director Dale Runkle stated the area could support additional commercial projects. Councilmember-Egan supported continuance of the matter for 30 days to review the zoning issue and the traffic analysis. Councilmember McCr." stated she felt traffic circulation should also be addressed. *' or Ellison asked for an estimate of the tree loss and how to saOE as many trees as possible. He also asked for lands capj) , . gei : mj(ri$ plans, the building materials and review of th6':tdh-1ifg: s's 3i ti Councilmember Gustafson favored the proposal as presented, however, he had serious reservations regarding the commercial s�*dy. He stated that if all questions were answered, he favored the::',k oposal. City Administrator Page ll/EAGAN CITY COUNCIL MINUTES December 20, 1988 Tom Hedges referenced a liter received:from Ronald G. Cornwell of the Bieter Company (see Eic&bit C) . Egan moved, McCrea se Comprehensive to continue the Comprehensive Guide Plan amenitiii W-11 D -III to CPD, rezoning from Agricultural to a Planned Development, a preliminary plat entitled Park Center Addition, and a conditional use permit for pylon signs as requested by the Federal Land Company to the February 7, 1989 City Council meeting, to allow .fve>:Br:t1iew regarding the zoning, traffic, tree loss, lands c4 pt.]p : W. �jg'Impng and building materials. All voted in favor.OF Egan moved, Gustafson secos* ed, gffie. motion to approve a joint traffic study with the Coynty.;: voted in favor. >rcjr;dii7the Park Center Addition. All CONDITIONAL USE PERMIT/FLOOR BIN/OM-SALE LIQUOR, WINE OR 3.2 BEER Community Development Director Dale Runkle provided information to the Council regarding the application and stated the APC recommended approval of tte:::alsltter. Lynn Reimer (owner) presi Council. Councilmember Egan qi. the type ' of the restaurant. V as a full service restaurant.1 questions regarding the bar. -:;4'j the seating capacity. Counc3ln owner as a restaurant manager. Ike -theme and the decor to the iii -!f there would be a change in 1r-':- ZAted there would be a change Prosed. Councilmember McCrea had �e owner stated it would be 128 of Gustafson highly recommended the Gustafson moved, McCrea seconded, the motion to approve a conditional use permit to allow on -sale liquor, wine or 3.2 beer in a neighborhood business dist�t:>pj�p'x#gin, Inc, restaurant, subject to the following I. An approval of the liquoe"Jicen:" investigation. 2. All applicable code ordin�iices..':%' All voted in favor. Egan moved, Gustafson seconded, the motion to approve a liquor license for Flour Bin, Inc. restaurants-;n0:ubject to the following conditions: 1. An approval of the :gtft#ifE` investigation. 2. All applicable code ordinances. -.-:.-.-.- All voted in favor. Page 12/EAGAN CITY COUNCIL MINUTES December 20, 1988 EPISCOPAL CE1URCJR-:-�pDD1TI0N Community Development 7- ' Runkle introduced the site plan to the Council. Pastor l ormed the Council he was available for questions. Wachter moved, Gustafson seconded, the motion to approve the Comprehensive Guide Plan amendment froiA p -III to Public Facilities 0 for the Episcopal Church AdJ:tJ: A.XA., ..:*,.'oted in favor. Egan moved, Gustafson secoifftd, t"; motion to approve a rezoning from R-4 to Public Facilities fq;..,the.& *scopdl Church Addition. All voted in favor. Egan moved, Wachter si . �i� -motion to approve a preliminary plat entitled Episcopal Church Additions subject to the following conditions: I. The standard conditions of plat approval as adopted by Council action on Septembe:r:.:.15, 1987, shall be complied with: A-1. B -lo B-2, B-31 C-1, C -2y d* -**';j"*" " Dtl.+ E -Il F-1 and G-1. 2. The parking stalls shall"%i��-**_1661fi' ... __.4�eet wide. 3. The detailed landsca screening the parking areajk...-: apartments to the north. .:;V -ill place emphasis on Public streets and the 4. The City shall inspect the single family home to insure all building codes are being satisfied. iia . . .. . ...w al S. The access onto Lex*j;Rg.t"-:-;A??-0fta8--- ill be finalized with I n concerned parties. The pro. a width of 30 feet. ii.AUtrance to be constructed to 6. All signage shall conforri�Ao Co& requirements. 7. The proposed development is* sub'. ct to additional requirements pertaining to grading, drainage and fire hydrant coverage with the final Plat phase of development. B. The finished floor at least 984 feet. All voted in favor. Councilmember McCrea considered. elevation f 0�-""`he worship noted that qualAty control center shall be should be Page 13/EAGAN CITY COUNCIL MINUTES December 20, 1988 BUR :09 HILLS 210ADDITIOR 60 -DAY RXftftJQf;. TO:.:A*bjtD FINAL PLAT Gustafson moved, McCrea the motion to approve the 60 -day extension for the final Plat filing date of December 18, 1988, to February 18, 1989 for Bur Oak Hills 2nd Addition. All voted in favor. ..................... AMENDMENT To... ...:iiZAGAN CITY CODE MASSEUA/&§9EUS9-,:-, ICRN E The Council discussed the 61"Oessig to modify Chapter 6. Wachter moved, Gu ...... st '-'the Motion to continue the request by Molly Belokopitliiky for aient Of City Coder Section 6.40, Subd. 4(d), regarding the elimination of the wording that women can only massage women and men massage men to the February 7, 1989 City Council meeting. All voted in favor. AMENDMENT TO CM Wachter moved, Gustafson amendment to Chapter 13 of th permits which would restrict. final plat approval was apaz,." .13 OF THE RAGAN CITY CODE PM- PERMITS conaeU..t.....-the motion to approve an a Code regarding model home of the permits until after the '.'.'All voted in f avor. AMENDMENT TO. CHAPTER 2 OF EAGAN CITY CODE SALARIES OF MAYOR AND CITY COUNCILMENBERS Councilmember Wachter stated -the salaries did not fully compensate the members . tU;*":'-ft'.uncilmember Egan stated he felt the action should not tie>t8�te�t:ais3' the fall. McCrea moved, Gustafson seco" .Wed. the motion to approve a City Code revision to Section 2.11 cha'ing .0P Mayor's salary to $600.00 per month and each City Councilm er1s-'-,.'*igAlary to $450.00 per month. All voted in favor. 1989 SALARY ADJUSTMENT FOR CITY EMPLOYEES City Administrator Tom Hedges infotAbd the Council that each calendar year the City Council gives co) cost -of -living adjustment to W-Ideration to a non-union personnel. health care. coverage. Councilmember McCrea uld keep watch on the Mayor Ellison the:;:;titalth care costs was increasing rapidly. Page 14/EAGAN CITY COUNCIL MINUTES December 20, 1988 Wachter moved, Egan seconded, the -notion to approve a wage increase of 3.758 for non-eVnion personagl. All voted in favor. Gustafson moved, Wach{:::OGatiet9; the motion to approve the payment for the total amount::—,5 hefalth insurance coverage and the lowest family plan amount for those employees choosing family coverage. All voted in favor. Egan moved, Gustafson.se,Conded,the motion to approve the adjustment of other benefit rime, as necessitated by Section 89. All voted in favor. DNR DEER FOPULATXON SURVEY COST.:i TICTikAiION There was discussion t'eijardirig :Haring the survey costs. Gustafson moved, Egan seconded, the motion to approve costs participation with the Department of Natural Resources to evaluate deer population in the City at 50% of the actual cost not to exceed $400.00. All voted in favor ADiit 7iS -XVE. AGENDA The Councilmembers were reformed;?#+.: an increase in rates for basic cable through the North<Cetf83:Uble Company. Egan moved, Wachter si�dbh%dled, the motion to ratify the list of Reaction Committee members:'%ieviewing the Community Center project. All voted in favor. Public Works Director Tom Colbert informed the Council that a joint Council/APC/Park Commissign.in•� was necessary to review the water quality management putt::SS?s:;A::tentative date for the meeting was set for February'i4`,,IJ$�;""' There was discussion regarding a retreat in late January or early February. The City Administrator informed the Council the employees thanked the Council for the new copy machine. There was discussion regarding off,,ge remodeling and the City Administrator was given direction to prikeed with modular office equipment for use by the Parks and Recit' ion Department. Egan moved, Gustafson.. to schedule a special City Council meeting to review commisstcaA appointments for January 10, 1989. I Page 15/EAGAN CITY COUNCIL MINUTES December 20, 1988 City Attorney Jim Shd.l*don informed"the Council an executive session would be held foll''444ng the Cgo.abil meeting to review pending lawsuits. Wachter moved, Egan seconded, the motion to approve the check list dated December 20, 1988, in the amount of $1,016,525.20. All voted in favor. AaT.QItNllS�1Y!: The meeting was adjourned :`bF EAGAN December 5, 1988 Dear Tom, .2�-Y-L fog t (4 I have applied to the governoi'•:"fo Council for District 15. District past this seat has been held by M ment. Our city is not only the faste'gfoM the largest and fastest growing secti had a representative on this council. to the Metropolitan the city of Eagan. In the o is not seeking re -appoint - in the metro area but also s district. Eagan has never I believe that we need to have a region approach to such issues as waste management, airports, transportation, corporate growth, land environmental concerns. I would very much appreciate happy to discuss any concerns most hours of the day. Thanks for your consideration Sincerely, Margaret Daniel Schreiner 1795 Monterey Lane Eagan, MN 55122 solid use and this endeavor. I would be can be reached at 454-1744 52. 'Nonconforming Use, - Use of land, building or structures which does not comply with all the regulations of the City Code governing the zoning district in which such use is located, adopted subsequent to the Initiation of said use. eubd. 16. ; Limited Indliltrial District. A. Perlq:Atted Usee..:.:..M:ithin any "I-1" Dis- trict, no structure ot`: -1;'Rnd shall. h ::%ved except for one or more of the folio wing'igs::q,�„uf�RS:;:teemed similar by the Council s :: 1. Conducting a process, fabrication, storage or manufacturing light materials or wholesaling operation or providing a service including any of the fol- lowing or similar uses meeting the performance standards applicable to the "I-}'•.;Dt��r;Spkp;;;•:;:;;;:; 2. ”"Ati2oriippfi:t:i �3nting, .upholstering, tire recapping, and major r4MIr whin conducted completely in an enclosed building. 3. Ice,.: iiOld ski�.6ge plants, bottling works. 5. 6hine•41'd'welding shops. 6. Paper products. 7. Tennis club, skating, theater, bowling alley or similar Indoor commercial recreation. B. Radio and television. 9. Restaurants - Class I only. 10;::::-:-Research laboratories. school. 12. "'':'M7#e�iL►11a.111g and wholesaling and related sales or showrooms. 13. SEtltage sbuilding materials provided they are suiteblp:;eciepfiRlj;;`%' 14. ,Afigt:Xi4$'b'r convention hall. hospital or-clinic (with no outside kennels). 4. Loading docks, truck parking, or open storage shall not be permitted on the side of an "I-1" District abutting an Agricultural, Residential or public Facilities District. SECTIZy 6.03. -- CENER/1L RECUTATION3 subdivision 1. -- NON-CONFORHIl:O:•••••' ^. Ath :'Sawful use of any structure or land existing at the time of adopelon of this ordinance or any amendments thereof which does not conform to the permitted uses in the district -in which such land or ■tructure,•l0 located may continue provided thatt I.. No substontla ;:t.(tpi fid: 39;ipdi(t::}it;;7pny such non -conforming land or structure. ••••..- �•••• S. Im addition which amounts to moRip:than 5% of the value of any such non -conforming structure :is mode. .•. •. C. No non -conforming structure•.la.moved or substantially destroyed. SUBJECTS Proposed Rezoning Park Center Addition Federal Land Company Dear Mr, 'Hedges: The Bieter Company opposes the applic4t1i7S['6f Federal Land Company for commercial zoning for its property north of C1iY:gad and west of Cliff Lake Drive. Commercial zoning for the pY60367FE9' would be inconsistent with the city's Comprehensive. Guide Plan. It wouid also ignore the substantial public opposition there has been to further commercial development in the'area, Commercial zoning for the site would increase traffic, add to the overburdening of roads in the area and degrade the quality of the nearly residential neighborhood, park, and school. It would be unfair and discriminatorylo' tial despite an inconsistent guide plan di -1, Bieter Company's application for commerci4-::zor such an inconsistency. Although the Bietdt:::app neighborhood opposition and adverse effects on of the magnitude presented by this application; reasons for denial of the Bieter application. RGC/gsr eaohe this property to commer, i¢tEwhen the city denied the n&Aargely on the basis of iC.gtion did not present serious rWic and neighborhood quality those factors were cited as Very truly your$, BIETER COMPAI&:*:-:- Ronald G. CO[.R 11 (� Partner ADNINISTRATIVE'AGENDA REGULAR NEETING PAGAN CITY COUNCIL EAGAN, MMRNESOTA JANUARY 3,, 1989 item i. Consider New Consulting Planning Rates Item 2. Brittany 9th Assessment Agreement 25� MEMO TO: HONORABLE MAYOR & CITY FROM: CITY ADMINISTRATOR HEDGES DATE: December 30, 1988 SUBJECT: ADMINISTRATIVE AGENDA Due to the New Year's Holiday recognized on Monday, January 2, there will be no additional information distributed to the City Council regarding Tuesday's meeting. Since the agenda was officially prepared, three (3) additional items have been forwarded to this office that could be acted upon at Tuesday's meeting. Those items are as follows: Item 1. Consider New Consulting Planning Rates --The new schedule for planning services are in order for consideration. A copy of the schedule of rates is enclosed on pages� through ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1989 Schedule of Rates for the City's planning consultant, Urban Planning and Design. Special Note: The City Administrator and Director of Community Development will provide a comparison of rates that are in effect for 1988. Item 2. Brittany 9th Assessment Agreement --At the October 6, 1988, City Council meeting the respreading of assessments for seven (7) properties in the Brittany 9th Addition was approved. Apparently, Minnesota Title was involved with these properties and is assuming the principal obligation to the City of Eagan and any reimbursement to property owners for assessments they have paid a second time. Minnesota Title is requesting that the interest for the past year be waived by the City Council with the understanding that the lump sum payment of the total outstanding principal be made to the City. Enclosed on pages through is a copy of a memo and attachments coordinated by the Fiance Director for Council review. The City Administrator and Director of Finance are recommending that the City waive the interest for 1989 with the understanding that a lump sum payment of the total outstanding principal balance be made by Minnesota Title. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the waiving of interest for special assessments to seven (7) properties in Brittany 9th Addition with the understanding that a lump sum payment for the total outstanding principal balance will be made by Minnesota Title. 0 r MEMO TO: TOM SEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR DATE: DECEMBER 29, 1988 RE: SCHEDULE FOR PLANNING SERVICES The Community Development Department has checked with other communities as to services performed by Urban Planning 6 Design. The rates that have been in effect for 1988 in other communities are the rates proposed for January 1, 1989. This department has reviewed these rates and feels they are appropriate for services rendered and it is our recommendation that these fees be adopted for 1989. If you have any questions or would like additional information, please advise. vic. DR/js 76 URBAN PLANNING AND DESIGN. INC. RATE SCHEDULE Effective January 1, 1989 STAFF Principal Planner Landscape Architect (Registered State of Minnesota) Draftsman Secretary Research Assistant Mileage (per mile) Materials RATE PER HOUR 60.00 40.00 25.00 15.50 20.00 .24 Cost 5 �a 3. MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: DECEMBER 28, 1988 SUBJECT: BRITTANY 9TH At the October 6, 1988, City Council meeting the respreading of assessments for seven (7) properties in Brittany 9th Addition was approved. In an effort to provide some assistance to the property owners who in effect were being forced to pay the same assessments twice, a new collection period of 20 years was authorized. I am not familiar with all the details, however, in early December, Minnesota Title agreed to stand for this loss and pay or reimburse the property owners for the assessments. Jack Zachow, Associate Counsel for Minnesota Title, called the City with a request that the interest charges for the 1989 levy be waived. At that time, I told him that the City Council in previous deliberations had specifically noted that interest to the property owners would not be waived or reduced. I indicated that if he would send a letter outlining his request, we would go back to the City Council for a review. That letter has now arrived and is attached. It is my recommendation that the City agree to waive the interest for 1989 with the understanding that a lump sum payment of the total outstanding principal balance be made by Minnesota Title. I believe this would be preferable to having these assessments run for the 20 year period and would bring a quicker ending to this unfortunate mess. I have also attached copies of correspondence from Minnesota Title which were provided by Jim Bratulich. Please let me know if you would like any additional information or if you would like to discuss this situation. Finance irector/City Clerk EJV/kf MINNESOTA TITLE / T. December 27, 1988 W. Gene Van Overbeck City of Eagan Government Center 3830 Pilot Knob Road Eagan, MN 56122 Title Insurance Company of Minnesota 400 Second Avenue South Minneapolis, Minnesota 55401 612/311 1111 1/800/328 4441 RE: Special Assessment Agreements Between the City of Eagan and James M. Bratulich and Nancy J. Bratulich, st al (In Regard to Valley Closings) Dear W. Van Overbeck: As you may recall from our telephone conversation of a couple of weeks ago, Minnesota Title has agreed to pay the special assessments which resulted in the Special Assessment Agreements entered into by the above owner and others pertaining to Public Improvement Project 45R, which are unpaid. It was alleged by the Bratulichs and others that Valley Closings and Valerie A. Connor failed to pay the special assessments as they became due. I am attempting to determine the most feasible way of paying the assessments and one of the alternatives is to merely pay the sane as they bearer due pursuant to the Agreements entered into between the owners and the City. You agreed to give some consideration to my request that the City agree to forego the interest portion of the assessments payable in 1989 if Minnesota Title were to make a lump sum immediate payment of all unpaid assessments on or about the first of the year 1989. Had this Company had the opportunity prior to October 15, 1988 to pay the assessments in full, it is my under- standing that the interest payments would not have been assessed, thus saving the homeowners (and thereby Minnesota Title) approximately $7,500 in interest. Please give consideration to my request that the interest be forgiven and abated, provided this Company pays the entirety of the special assessments in full on or about January, 1989. You indicated you would broach the issue with the City Council and get back to me with a decision of the Council. I am more than willing to appear before the Council to verbally make this request and I appreciate any consideration your office and the City Cotalcil can offer in resolving this unfortunate,,difficult situation. Your coopera- tion and assistance are sincerely appreciated. Please do not hesitate to contact me by telephone or by letter at the above address and number. I look forward to hearing from you. Yours truly, Jack Zachow Associate Counsel 73 MINNESOTA TITLE1. December 7, 1988 W. James M. Bratulich Attorney at Law 3500 West 80th Street Suite 585 Bloomington, MN 55431-1068 Tale Insurance Company of Minnesota 400 SecontrAvenue guth Minneapolis, Minnesota 55401 RE: James M. Bratulich and Nancy J. Bratulich, et al vs. Valley Closings, et al. Dear Mr. Bratulich: 612/371 1111 1/800/328 4441 As I advised over the telephone on December 6, 1988, Minnesota Title has agreed to pay, or reimburse for, as appropriate, the outstanding assessments in regard to the above proceedings. You suggested I confirm the same with you in writing and that you would contact your individual clients (our insureds) individually. After you have provided me with copies of the assessment agreements entered into between the owners and the City of Eagan, we should have no difficulty in determining the amounts payable to resolve the issue of the assessments. As I see it, those amounts represent lump sun payments for years 1990 and beyond, payment of those amotmts spread into the 1989 real estate taxes, and, in the case of Mr, and Mrs. Russell, payment of unpaid assessments payable in 1988. It is also possible that Devitch and McGee paid down their assessments somewhat and would be seeking reimbursements therefor. Please provide me with the appropriate figures so that I may verify the same against the agreements and the information obtainable through the court house and city records. Payment by Minnesota Title of all these claims to everyone's satisfaction will obviously entitle Minnesota to subrogation rights against the defendants and we expect your and your clients' cooperation during the course of the ongoing litigation. This Company admits no liability in regard to the alleged claims of policy liability by you and your clients and I sincerely hope that all of you are pleased with this resolution and will be cooperative and supportive of the ongoing litigation. Please do not hesitatd to contact me at any time should you need anything or hear of any developments which you think may be of interest to us at 7/ v Mr. James M. Bratulich Page Two December 7, 1988 Minnesota Title. I expect that a substitution of attorneys will be appropriate when this matter is concluded and that you will cooperate in that regard also. I look forward to receiving the materials from you as set forth above. Yours truly, Jack Zachow Associate Counsel Assistant Vice President JZ:rjf 74�j) MINNESOTA TITLEk 1. December 7, 1988 The Honorable Michael A. Hatch Commissioner of Commerce Department of Camterce 500 Metro Square Building St. Paul, MN 55101 Title Insurance Company of Minnesota 400 Sacond Avenue South Minneapolis. Minne`sop 55401 RE: James M. Bratulich and Nancy J. Bratulich, et al vs. Valley Closings, et al. Dear Mr. Hatch: 612/371 1111 1/800/328 4441 This will confirm our telephone conversation of Monday, December 5, 1988 wherein I advised you that the possible claims against Minnesota Title under owners' and lenders' policies in the above action in Dakota County have been settled. The outstanding assessments will be paid in full by Minnesota Title forthwith and there is therefore no necessity to meet once again on December 21, 1988. For your information, the civil litigation in Dakota County is continuing against the defendants and there will shortly be filed a substitution of attorney in the matter, enabling Minnesota Title to enforce its subrogation rights. It is very important to us to keep apprised of any criminal proceedings against Ms. Connor and I seek your office's support in ensuring the state agencies charging the same keep us advised of developments as they occur. I trust that the settlement concludes this matter insofar.as any possible claims under title policies are concerned. Thank you for your cooperation and assistance. Yours very truly, Jack Zachow Associate Counsel Assistant Vice President cc: James M. Bratulich Richard Cecchettini Harold Pilskaln Rande Yeager William Faust •THE MORNING AFTER' January 3, 1989 "The Morning After" is an extremely brief report of the action that was taken by the Eagan City Council at a regular meeting held on January 3, 1989. There are no details reported in this account; however, the action taken by the City Council on each of the agenda items and each of the other business items is reflected. DEPARTMENT HEAD BUSINESS A. FIRE DEPARTMENT yt 1. Unit 15 and the engine from Unit 8 were declared surplus property and direction given to dispose of them at a local salvage yard. B. PUBLIC WORKS DEPARTMENT G 2. The petition was received for the installation of a 4 -way stop sign on Kettle Creek Road and Danbury Trail and it was decided to deny the petition. �G 3. Action was taken to approve stop signs on Kettle Creek Road only. 4. A one year extension to the Metropolitan Waste Control Commission Joint Use Rental Agreement #351, for the year 1989, which allows for the leasing of approximately 600 feet of sewer line near the City's old treatment plant facility, was approved. CONSENT AGENDA 5. The appointment of Scott Heath as a Police Officer was approved, effective January 23, 1989. 6. The hiring of David Stubstad as a Community Service Officer effective January 9, 1989 and of Mark Ryan as a Community Service Officer, effective January 23, 1989, was approved. C It 7. The plumbers licenses were approved as presented. 8. The final specifications were approved for acquisition and installation of a 150KW diesel generator for the Eagan Municipal Center and a bid opening has been set for January , 1989. 9. The third and final payment of Contract 87-34, Sperry Reservoir - ..1� repainting, to Rainbow Incorporated, was approved. 10. Change Order #4 to Contract 88-01, Fire Station #5 in the amount of an additional $1,062, was approved. 11. The second and final payment for Contract 87-37, Park Cliff 2nd Addition- storm sewer, to Albrecht Incorporated, was approved. 12. The final payment for Contract 87-1, park improvements, in the amount of $6,305.55 to Central Landscape Inc., was approved. 13. Change Order #2 to Contract 88-16, Lexington Square - storm sewer, in the e4 amount of $5,924, was approved. 14. Change Order #1 to Contract 88-29, Well #13, requesting an extension of the completion date from February 15, 1989 to March 8, 1989, was approved. C 15. Contract 84-V, Crossroads of Eagan - streets and utilities, was approved for final acceptance. 16. Contract 85 -AA, Blackhawk Clen lst Addition - streets and utilities, was approved for final acceptance. SCJ 17. The second and final payment for Contract 87-14, Country Hollow - sanitary �— lift station, to Smith and Loveless Incorporated, was approved. 18. The bids for Contract 88-33, Well #13 - pumphouse and facilities, were received at 10:30 a.m. on Thursday, December 29th and the bid awarded to the low bidder. 19. Action was taken to reschedule the joint City Council/Water Quality Management meeting for February 16 at 7:00 p.m. �20. Action was taken to authorize the purchase of eleven vehicles through the Hennepin County Purchasing Program. PUBLIC HEARINGS 21. The public hearing was closed and approval given for the vacation of the common lot line drainage and utility easements as described within the Blue Ridge Addition. 22. The development agreement with the Metropolitan Waste Control Commission specifying certain conditions for the Seneca Wastewater Treatment Plant expansion was approved subject to ratification by the MPCA and MET Council. 23. An ordinance amendment to designate accessory apartments in R-1 districts as conditional uses rather than permitted accessory uses was approved. Lja- 0 24. An amendment to the electrical code that would require state licensed electrical contractors to work in new structures and only state licensed electrical contractors or resident owners of the property where work is to be done in existing structures was approved. `� 25. .fes 26. Szsf?� 27. 28. An accessory housing permit as applied for by Larry Levenson at Lot 7, Block 10, Cedar Grove 7th Addition, was continued until the February 7, 1989 City Council meeting. ADM MSTRATIVE AGENDA The 1989 schedule of rates for the City's planning consultant, Urban Planning and Design, was approved. The waiving of interest for special assessments to seven properties in Brittany 9th Addition was approved. All bills were approved and ordered paid. REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING JANUARY 3, 1989 6:30 P.H. I. 6:30 - ROLL CALL b PLEDGE OF ALLEGIANCE (BLUE) II. 6:30 - INVOCATION, REVEREND LOREN NELSON ADVENT UNITED METHODIST CHURCH III. 6:35 - ADOPT AGENDA 6 APPROVAL OF MINUTES (BLUE) IV. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. FIRE DEPARTMENT 1. Request to Declare Salvage Property 1 B. PUBLIC WORKS DEPARTMENT 1. Stop Sign Request, Danbury Trail and Kettle Creek Road .�� 2. Renew MWCC Joint Use Rental Agreement for 1989 V. 6:55 - CONSENT AGENDA (PINK) �3 A. PERSONNEL ITEMS B. LICENSES, Plumbers 16 C. GENERATOR for Municipal Center, Authorization to Prepare Plans and Specifications D. CONTRACT 87-34, Final Payment/Acceptance (Sperry Reservoir - Repainting) fCj E. CONTRACT 88-01, Approve Change Order #4 (Fire Station #5) F. CONTRACT 87-37, Final Payment/Acceptance (Park Cliff 2nd Addition - Storm Sewer) 2z G. CONTRACT 87-1, Final Payment/Acceptance (City Contract - Park Improvements) 2 3 H. CONTRACT 88-16, Approve Change Order #2 (Lexington Square - Storm Sewer) 3 I. CONTRACT 88-19, Approve Change Order #1 (Well #13) J. CONTRACT 84-V, Final Acceptance (Crossroads of Eagan) b K. CONTRACT 85 -AA, Final Acceptance (Blackhawk Glen 1st Addition) 2t L. CONTRACT 87-14, Final Payment/Acceptance (Country Hollow - Sanitary Lift Station) .25 M. CONTRACT 88-3, Receive Bids/Award Contract, Well #13 Pumphouse & Facilities VI. 7:00 - PUBLIC HEARINGS (SALMON) 'p Z7 A. VACATE Common Lot Line Drainage and Utility Easement within the Blue Ridge I Addition qVII. OLD BUSINESS (ORCHID) 1 .Z I A. MWCC AGREEMENT Specifying Conditions for the Seneca Wastewater Treatment Plant Expansion IJ. a�� B. ORDINANCE AMENDMENT, Accessory Housing VIII. NEW BUSINESS (TAN) A. ORDINANCE AMENDMENT, Electrical Permits B. ACCESSORY HOUSING PERMIT, Larry Levenson, Lot 7, Block 10, Cedar Grove 7th Addition Ix. ADDITIONAL ITEMS (GOLD) x. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) X111 ADJOURNMENT MEMO TO: HONORABLE MAYOR i CITY FROM: CITY ADMINISTRATOR HEDGES DATE: December 29, 1988 SUBJECT: AGENDA INFORMATION FOR THE JANUARY 3, 1989 CITY COUNCIL MEETING APPROVE IGEt1DA;'AD0PT iIi[= After approval is given to the January 3, 1989, agenda, and regular minutes for the December 20, 1988, City Council meeting, the following items are in order for consideration: A. FIRE Item 1. Request to Declare Salvage Property --Fire Chief Southorn is requesting that Fire Department Unit #15 be declared as surplus property and disposed of at a local salvage yard. Unit 15 is a used Police squad car and has excessive rust. It was determined that the engine in Unit 15 would be installed in Unit 8, another used squad car (1982 Ford LTD). Other parts from Unit 15 have been salvaged and used for the restoration of Unit S. ACTION TO BE CONSIDERED ON THIS ITEM: To declare Unit 15 and the engine from Unit 8 as surplus property and direct that both the vehicle and engine be disposed at a local salvage yard. B. PUBLIC WORKS DEPARTMENT I. Stop Sign Request, Danbury Trail and Kettle Creek Road -- Enclosed on pages 3 through 7 is a cover letter, petition and map showing the location of the petitioners to the referenced intersection. Enclosed on page _ 7 is a larger scale map showing the site distances in each direction from this intersection and the location of the adjacent stop signs from this intersection. Enclosed on page_ is a similar map showing the traffic volumes through this intersection taken around November 15th. There were no road closures or detours during this time which would have any impact on the validity of these traffic counts. Enclosed on page 10 is a report from the Police Department indicating the results of their speed surveys through this intersection. There have been no reported accidents at this intersection according to Police Department records. Agenda Information Memo January 3, 1989, City Council Meeting B. PUBLIC WORKS DEPARTMENT Item 1. Stop Sign Request: (continued) After evaluating this information, the staff has concerns about installing a four-way stop at this intersection. If any stop signs were to be approved, it is recommended that they be installed on Kettle Creek Road only stopping that traffic at its intersection with Danbury Trail. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and approve/deny the installation of stop signs on Kettle Creek Road at Danbury Trail. Citi• of raean . Fineerine Department PE: Ston Signs Gail Lorac 1003 Briar Creek Rd. Eagan 55123 11-9-88 The following petitions are presented to you from the residents of Lexington Square requesting that a four way stop be installed at the intersection of Danbury Trail and Kettle Creek Road. Our primary concern is for the safety of the children of the devel- opnent who must cross this intersection for school or social reasons. 'his intersection is somewhat blind because Danbury Trail curves. It also funnels alot of traffic, residential and construction, into the development. When Lexington Avenue closes for upgrading this street will take almost all the traffic entering and exiting this development. It will becone a major thoroughfare for the development and for 'ort':viet, ;athletic Fields. We need a way to slow the traffic in this development. Rather than duplicate efforts throughout the development on petitions I an enclosing, with permission, the petitions submitted to ISD 196 reouestine bussing for the development. These petitions showing the nor,2 of parents and residents alike for the safety of the cUldren. There will be some duplication for the following streets: Briar Creek Rd., Kettle Creek Fd. ,Stanwix Pd., and Danbury Ct. Thank you, Gail E. Lopac 454 37a 3 PETITION We, the residents in the Lexington Square Development, feel our elementary school -aged children should be bused to Woodland Elementary rather than walk because: I. Wescott Road has a 45 mph speed limit Although it has been changed to 30 mph in front of the school, we question whether that will slow traffic. 2. The traffic on Wescott Road is heavy at times and will only increase as the new developments close to the school fill up. Much of the Wescott traffic istrucks. And we worry that Wescott will be a detour route when construction begins on Lexington Ave. 3. The crosswalk on Wescott Road is not adequately marked. We doubt it will be seen on foggy, rainy or snowy days. 4. The district is providing only 1 adult patrol for [note than 100 children presently crossing Wescott Road to Woodland. S. Thele ate no walking paths in our development It is not safe for children to walk in the streets. 6. Construction traffic is often heavy throughout the development, especially on Danbury, the children's train mute through the neighborhood. Trucks are often parked on both sides of the street. 7. Many children not only cross Wescott, but also Savannah Road, which is a main street through the development. 8. Tltere are no stop signs at Danbury Trail and Kettle Creek Road, making it dangerous for children to cross. 9. The majority of the elementary children are 3rd grade and under, and are expected to walk up to one mile. 10. Minnesota winters make it unsafe at times for children to walk up to one mile to school. 11. Will the roads thoughout the develpment be plowed before 8:30 am.? It will be very dangerous for children to be walking while snowplows are going through the area. 12. Bike paths are not scheduled to be plowed during the winter months (according to Tom Nelson, Director Support Services -9/7/88), forcing children to walk on Wescott. 13. The holding pond on the north side of Wescott Road directly in front of Woodland can be 3-7 feet deep with no fencing or safety measures, (according to twig Knutson, Eagan Sewer & Water Engineer). 14. There is no direction in front of the school for traffic. It is unsafe for children to walk across the parking lot when being picked up from school. 15. Many people drive to school --especially in inclement weather—to pick up their children. It causes a dangerous traffic jam, but potentially much worse is there is no control over who drives away with which children. What responsibility will the school district take for the safety of our children? d SCE This petition is for the request of a four way stop to be placed at the intersection of Danbury Trail and Kettle Creek ' in the Lexington Square Development. Childs safety to and from the Woodland Elementary School is the primary concern. This petition will be )resented to the City of Eagan Return this petition to: Gail or Tom lopac 454-3721 1003 Briar Creek Road The following individuals are in favor of this petition: name address phone -------------------- --------------------- ------------------- ------------- ------------ ------------ /-4-0-3-.d--- �1-37- - � ----- - -_-------- --/-aVQswc�__mac- ------fCfY_S'J_'-'--- yt. � 1� ------------ J -Z - ----------�Y ---- ----- ------Z� ------ - --- . ------------------------ --------------p,� - H- - -------=i 1Z per_se-=g7_V- - -- t- - - S1 ------------- _--------------------------------------------- ------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- i / IAZ� This petition is for the request of a four way stop to be �(� placed at the intersection of Danbury Trail and Kettle Creek '1 in the Lexington Square Development. Child=m safety to and /Dbl from the Woodland Elementary School is the primary concern. , /067 This petition will be pesented to the City of Eagan %11W Return this petition to: Gail or Tom lopac 454-3721 /�1"Y 1003 Briar Creek Road The followina individuals are in Favor of this petition: J name address phone p --�^ lOc L1 _______-___� -- --.-�-------- -- �Z-- e------ 5p---- -- --------- A1e= _ ��_ _ • << _�OYQ_ -t e_�rrr[L______ IL=CO L p"�W- - i--1gY1--Vi=e` F��--�� ------ C =- Z -- '--- ---------------'-oy _K�- �-_ c"eey-------- K —qny' = - m _- aalp___________106Z AfNe _Gt21C--- ---- -A5;7--wzO _ -----------------L . ,--- �------ Ya_y1SI� _ --r -- - - ----- Le as - ------- ts-(�._gik4 ------------ ------- ru-------------- iD33_Y_CAW15- 4k Z!i4(90 ' -------------Lca&----------_�� L.-�------_`t��c�b�� -LQ3`t--tSc4pu C-aa®s --- ( U c:P a-,etj _1p� � ---- =� 3d,27-- - t--- ---- ---- ----------- TAB_- -- - ---------- 51 l_ - t----------Ia`�- --- ------------- -`t7_ Vd & Vex �- ' This petition is for the requeA of a four wav stop to be placed at the intersection of a the Cree in the Lexington Square Development. Childrm safety to and from the Woodland Elementary School is the primary concern. This petition will be peesented to the City of Eagan Return this petition to: Gail or Tom lopac 454-3721 1003 Briar Creek Road The following individuals are in favor of this petition: name T address phone ULU— L? ��0---------- 3iV __?.s----- tri zv,/ d'Lt J_Vi,Gi�l ------ LEI _r_G ia. r - ---------- - - -- ��.------`11�------------=� --- PETITIONING PARCELS I �y1 SIGHT DISTANCES +•I-.wrl.. vu,..f- 3, \ ' ROAD03 'n ' It k' I• >� k r ■ �p •1 • • • + Id CLLI, r : • �• . e Q t it o vv }y[ I v•' n 10. F•, 'p C • • 9 I I I IP Fi111 �la " n]w t(•• F•xat • �; Q-- •'•I t OHO ' n•.ni'• N"n�� F. FI ♦) n • = t C4 10 11 4 • i vn n1L Y fe �1'q •' ' I a . l• I• '• !f R ,v I u v. • , r �•^ 1111 • ,�,�, • 1 t ..•f v�. m �� : as 06MBYq�- ti y, • I Is is 10 S r I Io• .• • It f I J s. • I t *fd ,• .`•` r/ 101 10 l.t 4.' • 11 1 � • I 42 l , L,10' • �` 1• ..I 11 ' .) m L . • itwe- ",i , /A.. I•; e 1 A 7 I 7 '�„-iJ •yle l•�' ..•x • i” /_ lyd /A -v 1 ♦ , • • Ir•� n IV 1Q11u .1 ir:iln• y'�i w�-•i lwe�,: `•e �` •• - M ifwt .•• P[`n'LL — �L: a BROAD a_"'Jv1a �v- • •'� 3 ,b ` •-: '°' •,iy ,•.•�I y 20 10 11 II 11 • 11 t =_ 1 1S C \��: i y •w r'• ,�• ♦ i .} •• n n ! , IN r �'• • r I v�r r•1 • I. • 1 41 • Io a I .• I .• t C _ J>.e• :+ r.�L, 1 0 REQUESTED STOP SIGN EXISTING STOP SIGN <= SIGHT DISTANCES FROM INTERSECTION TRAFFIC COUNTS -;-•w.••/..e•e..l, i.•\ I, ROADCf ew 11 YI at ,a y L I iO 9-_j ( • 1 • t i • 1 A• Lu It In is 1 �g fl ■ r•m 1 a � � ; I 1 1 :a 11 a iF- I r: s . a i • • T . 1 1 N '••'•'m 1 ••• 2 t y _O erTlel a l Ip , trrq. nnl�°•N l:x, a�lZ-~,?•i ••y • Rp•p I 1 (, L 11 6 b Ii(d C9 • •, ' I N n!�••f •�� > �- F, rt le•1 • S a x� IC � ■ wq , �1y � nl! /Il ,ll' �' JC• S „ '1 11 A •• ! r• N • M • • '' C aully ac cr. l :i 11 1 p7M NQS' �1 a 11' 3 A0o\ 1 �1iI 1 • MJ\jra- 1 la `[ •ist� Is +.her ,\a. �/ '••• to a q • al •• ••+ + 'it 1 ' • I .� q ...7. •• �\ t; �!'\ as a, 1 ± \,7 p •+ c 1 � lY' • .Ciro -f/ • �i la �• .� i x 2: l : i� 1 • ••• a ••yE 1 IQ 41 .•.. r u t / • a b 1 `. 1 t l i Y .Y 4•• f •n1,1 r a ,•uu u n n n +•• •0 a- • m ••wrm •I•• I r C: /• 1 1 -.iee , {x�wILL — �,l.II e1=Mr .•N ■ ?� ,3 .i `(,' .r •4•' ••• I I i —RG7ID a o. 77 21 5.rY �: 7k �. y + •fir ••'. • om' er•mrl • 'h r li ' u n w w w w w .em nem -. �,_ �. ••If y'. " •�':� ..eM •h ••n .. n.� eI �r r • th �j NOTE: THE 47—HOUR TRAFFIC COUNTS WERE PERFORMEJ) FROM 11/14 11/16/88 police department .AV M. OR" CNW &P b Aff�� Qo —0 Com 3b30 Pilot Knob Rood E00an6 Minnesoto 55122 Vic IRLLSON Phone: (612) 454-3900 Mqd 7HOWS EGAN DAVID K GUSTAFSON PAMELA MCCRFA THEODORE WACKIER Comm Lunt= THOMAS HEDGES Clay A&r&*ft b El1GFNE VAN OVERBEKE ON Cw December 27, 1988 TO: TOM COLBERT, CITY ENGINEER FROM: PAT GEAGAN, ACTING CHIEF OF POLICE SUBJECT: STOP SIGN REOUEST - KETTLE CREEK ROAD AND DANBURY TRAIL At your request, the Eagan Police Department has conducted speed surveys at the intersection of Danbury Trail and Kettle Creek Road. On three occasions, Police Officers utilized radar at that intersection between the hours of approximately 7:00 A.M. and 8:00 P.M. Eagan Police Officers indicated that traffic at that intersection traveled at an average speed of 23 to 28 MPH. The Police Department feels that very careful consideration should be given to the installation and stop sign at that location when there is currently a four-way stop sign at Savannah Road and Danbury Trail. Pat Geagan Acting Chief of Police PJG:lb THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR CO~TTY Equal Opportunity/Affirmative Action Employer IC) Agenda Information Memo January 3, 1988 City Council Meeting B. PUBLIC WORKS (CON'T)-- RENEW MWCC JOINT USE RENTAL AGREEMENT/1989 2. Renew Metropolitan Waste Control Commission Joint Use Rental Agreement for 1989 --In 1975, the City entered into a Joint Use Rental Agreement (#351) with the MWCC to allow them the ability to lease approximately 600 feet of sewer line near the location of the City's old treatment plant facility. This agreement had a provision for annual renewal subject to consent by both parties. Enclosed on page 19 is a cover letter from the Metro Waste Control requesting that this agreement be extended one more year through 1989. It is the staff's recommendation that the one year extension to this existing agreement be approved. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a one year extension to the Metropolitan Waste Control Commission Joint Use Rental Agreement #351 for the year 1989 and that the Mayor and City Clerk be authorized to execute said Agreement. December 8, 1988 Mr. Thomas Hedges City Administrator City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 222-8423 This is regarding the Joint Use Rental Agreements between communities and the Metropolitan Waste Control Commission. The Metropolitan Council has revised its Waste Resources Management Policy Plan elimi- nating the rental agreement program effective January 1, 1989. However, the rental agreement may be extended through 1989 to allow other arrangements for the continuance of this sanitary sewer service. In accordance with Section -4 of the Joint Use Rental Agreement No. 351 between the City of Eagan and the Metropolitan Waste Control Commission such contract can be renewed by consent of both parties. We wish to renew the agreement for one year under the same terms and conditions contained in the Agreement which is presently in force. The Renewal Agreement is enclosed in triplicate for your endorsement. we ask that you sign and return to us two (2) of the executed copies and retain one (1) for your records. Should you have any questions or suggested changes to the basic contract agreement, please contact us. Your cooperation in accepting this renewal procedure is greatly appreciated. Very truly yours, mes) James James J. Hsniker, Jr. Acting Chief Administrator JJH:EJB:jle Enclosure cc: L. Bohn L. Spear R. Odde R. Payne 6 -5Fars 938-1988 1a Agenda Information Kano January 3, 1989, City Council Meeting There are thirteen (13) items on the agenda referred to as Consent Items requiring 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 Additional Items unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Police Officer -- The retirement of Chief of Police Berthe and the appointment of Captain Geagan as Chief of Police, effective January 20, 1989, will create a shortage of one sworn officer in the Police Department. It is the recommendation of Police Administration that the current Community Service Officer, Scott Heath, be appointed as a Police Officer, effective January 23, 1989. Heath has successfully completed the Community Service Officer program, a background investigation and the required physical and psychological examinations. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointment of Scott Heath as a Police Officer, effective January 23, 1989. Item 2. Community Service Officer -- The appointment of Jon Moldstad as a police officer in November of 1988 created a vacancy for a Community Service Officer. The position was advertised and over 70 applications were received. After screening, 24 applicants were interviewed by the Chief of Police, the Captains and Sergeants in the Police Department and Administrative Assistant Duffy. Following these interviews, extensive background investigations were performed on three candidates. As a result of the above process, it is recommended that David Stubstad be hired as a Community Service Officer to fill the current vacancy. In addition, if the appointment of Scott Heath as a Police Officer is approved, it is recommended that Mark Ryan be hired as a Community Service Officer, effective January 23 1989, to fill the vacancy created by Heath's appointment. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of David Stubstad as a Community Service Officer effective January 9, 1989 and of Mark Ryan as a Community Service Officer effective January 23, 1989. J3 Agenda Information Memo January 3, 1989, City Council Meeting PLUMBERS LICENSES B. Licenses for Plumbers --According to City Code regulations, Plumbers Licenses are renewed on an annual basis. Enclosed on page are thirty-three (33) companies that are performing a plumbing service within the City of Eagan. All license applications have been reviewed and are in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Plumbers Licenses as presented. Id PLUMBERS LICENSE JANUARY 3, 1989 1. A -Aaron's Plumbing & Sewer -Drain Cleaning 2. Blaylock Plumbing Co. 3. Boedeker Plumbing & Heating 4. Bredahl Plumbing 5. Budget Plumbing Corporation 6. Burkhardt Plumbing 7. Dakota Plumbing & Heating 8. Elander Plumbing Company, Inc. 9. Tom Hessian Plumbing, Inc. 10. Hovde Plumbing & Heating, Inc. 11. Jerry's Plumbing 12. K & K Heating & Plumbing, Inc. 13. Lakeside Plumbing 14. Major Mechanical, Inc. 15. McGuire Mechanical Services, Inc. 16. Metropolitan Mechanical Contractors, Inc. 17. Mevissen Plumbing 18. Nordic Services, Inc. 19. North St. Paul Plumbing & Heating 20. Piper Plumbing, Inc. 21. Plumm, Inc. 22. Plymouth Plumbing, Inc. 23. R C Plumbing 24. Richfield Plumbing Co. 25. Schulties Plumbing, Inc. 26. Seitz Brothers, Inc. 27. Standard Plumbing & Appliance Company, Inc. 28. State Mechanical, Inc. 29. Thompson Plumbing Co. 30. Voss Plumbing & Heating of MN 31. Welter & Blaylock, Inc. 32. Westonka Mechanical Contractors, Inc. 33. Williams Mechanical Agenda Information Memo January 3, 1989, City Council Meeting GENERATOR FOR MUNICIPAL CENTER C. Generator for Municipal Center, Authorization to Prepare Plans and Specifications --Included as a capital outlay budget amount for 1988 under General Government Buildings is a reserve generator for the Municipal Center Building in the amount of $60,000. Chief Building Official Reid requested the firm of Author Dickey Architects to analyze the Municipal Center Building and determine what size generator would be most appropriate for this building. It was determined that a 150KW power unit, diesel generator be "speed", bid and purchased in early 1989. It will be necessary to record the cost of the generator as a 1989 expense which will be allocated from the fund balance carried over from 1988 that was budgeted for this equipment. Please review the memo from Chief Building Official Reid and letter frpij Arthur Dickey and Associates, enclosed on pages 17 through /X ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final specifications and set the bid opening for January (date to be determined), 1989, for the purpose of acquiring and installing a 150KW diesel generator to be used at the Eagan Municipal Center Building. l(P MEMO TOt TOM HEDGES, CITY ADMINISTRATOR yy�� FROM: DOUG REID, CHIEF BUILDING OFFICIAL diG• DATE: DECEMBER 20, 1988 HE: GENERATOR - EAGAN MUNICIPAL CENTER In conjunction with finishing the lower level, remodeling the police level, and replacing the radio equipment in the police dispatch area, Arthur Dickey Architects were asked to calculate what size generator was necessary to supply the Municipal Center with standby emergency power. It was their concensus that a 150 KW power unit in a housing outside the building next to the fenced area was adequate. Captain Ken Aszmann and I, after looking at a number of installations within the Twin City area, questioned installation of diesel vs natural gas. We consulted Arthur Dickey Architects once again and it is our conclusion that a 150 KW diesel generator would be appropriate. Enclosed, please find a copy of their letter dated December 9, 1988. With year end close at hand, I would like to request permission from the City Council to obtain final specs. and bidding documents for installation in 1989. Thank -you for your consideration. If you have further questions or would like additional information, please contact me. DR/js Encl. I1 IC��ili4 ARTHUR DICKEY ARCHITECTS, INC. ARTHURH.DIUKE\'.A.I.A. Allobi wAVNE AJESKE. ('.('.S. M L] La" r MARY B. III SIAD. A.I.A. 19� d CITY OF EAGAN 3830 Pilot Knob Road P.O. Box 21199 Eagan, MQ 55121 Attn: Mr. Doug Reid RE: EAGAN MUNICIPAL CENTER GENERATOR Dear Doug: Our engineering consultants have provided the following information in response to your questions about natural gas vs. diesel generators: 1. The cost for a natural gas fired generator is approximately two to two and one half times the cost of a diesel generator (estimated $82,000 vs. $37,000). 2. A natural gas generator is not significantly quieter than a diesel generator, if at all. Most of the noise is due to the fan for cooling the unit. The muffler can be directed out (remote muffler) for additional cost. 3. Availability is about the same for either type of generator. 4. The amout of maintenance is about the same for either type of generator. 5. The 150 Kw generator is sized for current needs, with the entire building on the generator. It does not take into account building expansion. While some items can be removed from the generator if the building is expanded, it would probably be less expensive to oversize the generator now for possible expansion. As a reference, the estimated cost for a 200 KW generator is approximately 158 more than the cost for a 150 KW unit. 6. Space requirements for a natural gas generator would be roughly the same as for a diesel generator; both units require cooling. 7. Hook up charges for natural gas are generally rather minimal. Please let me know if you have any questions. Thank you. Sincerely, Lft� ��. Mary B. ustad, A.I.A. MIDI/tgl 4Y111 I RA.\('E APENUL SOI 'III MINNEAPOLIS, MINNESOTA 55410-1794 (612)420-3497 1? Agenda Information Memo January 3, 1988 City Council Meeting CONTRACT 87-34/FINAL PYMT/ACCEPTANCE/SPERRY RESERVOIR/REPAINTING D. CONTRACT 87-34, Final Payment/Acceptance (Sperry Reservoir - Repainting) --The staff has received a request for final payment from the contractor along with the certification from the consulting engineer of compliance with City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. Because of the delay in the completion of this reservoir, liquidated damages in the amount of $2,800 were deducted from the final contract amount to help offset some of the additional costs incurred by the City for inspection services, etc. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the third and final payment of Contract 87-34 (Sperry Reservoir -Repainting) to Rainbow Incorporated and authorize acceptance for perpetual maintenance. CONTRACT 88-01/APPROVE CHANGE ORDER #4/FIRE STATION #5 E. Contract 88-01, Approve Change Order #4 (Fire Station #5) -- Enclosed on page is a breakdown of the various items comprised in Change Order #4 necessary for the completion of Fire Station #5 under Contract 88-01. The Engineering Division and Fire Department have reviewed these items and concur with this proposal. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #4 to Contract 88-01 (Fire Station #5) and authorize the Mayor and City Clerk to execute all related documents. RECOVEC CEC 19 1988 ARTHUR DICKEY ARCHITECTS, INC. ARTHUR H. DICKER. A.I.A. ))'AYNE A. JFSKE. C.CS. MARL' R. HUSTAD. A.I.A. 14 December 1988 CITY OF EAGAN 3830 Pilot Knob Road P.O. Box 21199 Eagan, W 55121 Attn: Mr. Tom Colbert, P.E. RE: EAGAN FIRE STATION ND. 5 - CITY CONI' WII-W! m Dear Tom: Eagan Construction, Inc. has submitted the following prices for changes in the work for the above referenced project. 1. Change mercury vapor lights (type "J") at toilet rooms and meeting room to a fixture type "K". DEDUCT: $ 134.00 2. Delete soap and paper towel dispensers. DEDUCT: $ 80.00 3. Adjust/relocate Apparatus Room light fixtures for overhead door clearance (due to lowering of roof). ADD: $ 588.00 4. Reconstruct curb at main entry per City's direction. ADD: $ 190.00 5. Change light fixtures at trophy cases (2 thus); original fixtures to be turned over to Owner. ADD: $ 402.00 6. Add metal shields to three exterior light fixtures to deflect light away from neighbors. AID: $ 96.00 NET CBANUE: ADD: $1,062.00 Please let me know if you have any questions. I will proosed with the final change order upon your authorization to do so. Thank You. sincerely, Mary B. tad, A.I.A. 4930 FRANCE AVENUE SOUTH MINNEAPOLIS MINNESOTA 55410-1794 (613)920.3993 D Agenda Information Memo January 3, 1988 City Council Meeting CONTRACT 87-37/FINAL PYMT/ACCEPTANCE/PARK CLIFF 2ND/STORM SEWER F. Contract 87-37, Final Payment/Acceptance (Park Cliff 2nd Addition - Storm Sewer) --The staff has received a request for final payment from the contractor for the completion of the storm sewer modification project within the Park Cliff 2nd Addition. All work has been completed in conformance with City approved plans and specification with final inspections being performed by representatives of the Public Works Department with a recommendation for formal acceptance and perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the second and final payment for Contract 87-37 (Park Cliff 2nd Addition -Storm Sewer) to Albrecht Incorporated and accept the improvement for perpetual maintenance. al Agenda Information Memo January 3, 1989, City Council Meeting CONTRACT 87-1. FINAL PAYl�N'P G. Contract 87-1, Final Payment/Acceptance (Park Improvements) -- The Director of Parks and Recreation is requesting that the City Council provide final payment and acceptance for Improvement Contract 87-1. The contractor has fulfilled the scope of work as defined by the contract documents. The final payment is $6,305.55. The total contract cost at project completion is $578,725.44. The project is $36,034 below the $614,759 approved contract amount. This project comprises the improvements to seven (7) parks in the City of Eagan. These parks are Thomas Lake Park, O'Leary Park, Vienna Woods Park, Carnelian Park, Lakeside Park, Northview Park, and Trapp Farm Park. The work included site grading, utilities, parking lot, roadway, utility construction and turf establishment. ACTION TO BE CONSIDERED ON THIS ITEM: To approve final payment to Central Landscape Inc., for Improvement Contract 87-1 in the amount of $6,305.55 and to accept for perpetual maintenance the improvements to the seven (7) parks as stated. Agenda Information Memo January 3, 1988 City Council Meeting CHANGE ORDER #2 H. Contract 88-16, Approve Change Order #2 (Lexington Square - Storm Sewer) --Due to the delay in the City's ability to acquire the easement over the Lillian McCarthy property, the contractor was delayed in starting the construction operations by the contract specified date. The contractor has submitted a claim for reimbursement for heavy equipment rental fees during this delay. These claims have been substantiated and verified by our consultant and found to be in order in accordance with contract documents. All costs associated with this Change Order will be considered part of the acquisition costs of the easements and will be cost shared accordingly with the County as the easements incorporated County right-of-way for the future Lexington Avenue improvement project as well as the storm sewer project. (Add $5,924). ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 88-16 (Lexington Square - Storm Sewer) and authorize the Mayor and City Clerk to execute all related documents. CONTRACT 88-29/APPROVE CHANGE ORDER #1/(WELL #13) I. Contract 88-29, Approve Change Order #1 (Well #13) --The contractor was delayed from starting the drilling of this well until the rezoning of the property could be properly processed through the City. Subsequently, it is appropriate to change the contractural completion date by an equal amount of time from February 15, 1989 to March 8, 1989. There are no additional costs associated with this extension of completion date. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 88-29 (Well #13) and authorize the Mayor and City Clerk to execute all related documents. J. Contract 84-V, Final Acceptance (Crossroads of Eagan - Streets and Utilities) --All improvements installed by the developer under this contract have been verified to be in compliance with City approved plans and specifications with all final inspections being performed by representatives of the Public Works Department with a recommendation for formal acceptance of perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Contract 84-V (Crossroads of Eagan - Streets and Utilities) for perpetual City maintenance. -�3 Agenda Information Memo January 3, 1988 City Council Meeting CONTRACT 85 -AA, FINAL K. Contract 85 -AA, Final Acceptance (Blackhawk Glen 1st Addition - Streets and Utilities) --This contract provided for the installation of streets and utilities within the Blackhawk Glen 1st Addition by the developer to be conveyed to the City for perpetual maintenance. Verification has been received that these improvements have been installed in accordance with City approved plans and specifications with final inspections being performed by representatives of the Public Works Department and a recommendation for final acceptance of perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Contract 85 -AA (Blackhawk Glen 1st Addition - Streets and Utilities) for perpetual maintenance. 87-14/FINAL PAYMENT/ACCEPTANCE(COUNTRY HOLLOW -SANITARY LIFT STATION L. Contract 87-14, Final Payment/Acceptance (Country Hollow - Sanitary Lift Station) --The staff has received a request for final payment from the contractor along with a certification of compliance with City approved plans and specifications for the installation of the sanitary sewer lift station located within the Country Hollow Addition. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action of final acceptance for perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the second and final payment for Contract 87-14 (Country Hollow - Sanitary Lift Station) to Smith and Loveless Incorporated and authorize acceptance for perpetual maintenance. a4 Agenda Information Memo January 3, 1988 City Council Meeting BI M. Contract 88-33, Receive Bids/Award Contract (Well #13 - Pumphouse and Facilities) --At 10:30 a.m. on Thursday, December 29th, formal bids were received for the installation of the pumping facilities and the construction of the pumphouse necessary for the operation of Well #13 currently being developed. Enclosed on page .R(,o is a tabulation of the bids received with a comparison of the low bid to the engineer's estimate. All bids will be reviewed for accuracy and compliance with the specifications and any deviations will be addressed at the time of Council consideration of contract award. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 88-3 (Well #13 - Pumphouse and Facilities) and award the contract to the apparent low bidder. Q-5 BID TIME: BID DATE: CONTRACTORS 1. Phillips -Klein Companies 2. Fred Plass Plumbing 8 Heating 3. A 6 K Construction 4. Richmar Construction 5. New Mech. Company LOW BID FEASIBILITY REPORT ESTIMATE ENGINEER'S ESTIMATE % OVER (+) UNDER (-) (F.R.) % OVER (+) UNDER (-) (E.E.) a& 10:30 A.M. THURS., DEC. 29, 1988 TOTAL BASE BID $ 154,818.00 171,000.00 174,149.00 177,730.00 193,400.00 $ 154,818.00 $ 138,000.00 $ 169,000.00 + 12.2% - 8.48 Agenda Information Memo January 3, 1988 City Council Meeting PUBLIC HEARINGS VACATE COMMON LOT LINE DRAINAGE 6 UTILITY EASEMENT/BLUE RIDGE ADD A. Vacate Common Lot Line Drainage and Utility Easement (Blue Ridge Addition) --On December 6th, the Council received a petition and scheduled a public hearing to consider the vacation of the common lot line drainage and utility easement located within the Blue Ridge AdditiQ as identified by the sketch and description enclosed on page I . This was a common lot line between two outlots of the previous Lone Oak Addition which has subsequently been modified by the replatting of the Blue Ridge Addition. All necessary replacement easements have been dedicated with the subsequent Blue Ridge Addition plat and the City no longer retains a need for this previous description. All notices were published in the legal newspaper and sent to all potentially affected utility companies informing them of this public hearing. As of this date, the staff has not received any objections to this proposed vacation. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of the common lot line drainage and utility easements as described within the Blue Ridge Addition and authorize the Mayor and City Clerk to execute all related documents. a7 W co av va 0— & (D (D z I 11 ZI WI (/1 f d 131Qooe,\ I/E. line 14 c.^^ 117 m $ \\ p �o N '� Sec.2, TV,,R23 BLUE RIDGE ADD. BLOCK I \1N `ticMost N'ly Cor. OUTLOT IF w m 8 211.56 42r-z Ra500.0 ,.- od=2401 34' N. Line of S 1/2 NE 1/4, SEI/4, See. 2 LOT 1 / 0; I `- W�zir1 100' / Cr Q 1- oo m Ito I g o EE� n1 Z N O N V 'L Q �+ Se9°18103"W 0 Z _ 500_00 0 I N .O 1" Q1 1.7 it: -, N10. Co ( L� Ln 7Qrt \�` `� 0 Uk a. DRAINAGE AND UTILITY EASEMENTS 05,900-0 278.21 � OUTLO I a;000�� 5249' � A -/ 1e N \� `SEE DETAIL B ;4 0 _,,T B �—N. Line of SE 1/4, �e'0o SEI/4, Sec.2 �tLA �r � �cl O. iz �O H B9a 30' 42 E . 374.39 . _ ,l : ; I .VC /t 3U DESCRIPTION OF EASEMENT TO BE VACATED 890 _, \ A ten foot vide drainage and utility easement lying Over, under and across Lot 1, Block 1 and Outlots A 8 B, Blue Ridge Addition, according to the recorded plat thereof, the centerline Of which is described as follows, Commencing at the t northerly thence northwesterly alongthe s uthwesterly rights aid wayv of o Looe Oak Parkway, a distance of 77.33 feet along a curve concave to the northeast having a radius of 500.00 feet and a central angle of 06 521 46", thence S 01 101 06" M to a point on the southerly line of the ten foot drainage 8 utility easement along the southwesterly right of Way line of Lone Oak Parkway, said point being the beginning of the center.l.i-ne. tCo be--d-eecri"tied, —Ehenee cont-Ioui-ng along said bearing to a point 71.11 feet north of the Intersection of the southerly line of Outlot B and the line being described and there terminating. is T N N. Line of SW 1/4 DRAINAGE AND UTILITY EASEMENT /\ 3 040 x,4159119"E �✓ �. N8 's° 1 PONDING AND UT z I EASEMENT P SEE DE' �p Q (WETLANDa.UJ/ x I .� N F2: 1 _ 941 R7 - / Agenda Information Memo January 3, 1989, City Council Meeting OLD BUSINESS MWCC AGREEMENT/SENECA PLANT EXPANSION A. MWCC Agreement for Specifying Conditions for the Seneca Waste Water Treatment Plant Expansion --At the December 20, 1988, City Council meeting, ratification of the development agreement for the Seneca Waste Water Treatment. Plant expansion was continued until the January 3, 1989, City Council meeting to allow further discussions and review of proposed agreement language with staff and commission members of the MWCC. The City's special counsel, Becky Comstock of the Dorsey & Whitney law firm has prepared a �over memo and revised agreement, copies are attached on pages through--'�o for Council review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the development agreement with the MWCC that specifies certain conditions for the Seneca Waste Water Treatment Plant expansion. NOTE.: Also enclosed on pages 50A through 50C is correspondence between the Public Works Director and the Director of Engineering for the Metropolitan Waste Control Commission concerning the Seneca Plant Expansion. �n MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR DATE: DECEMBER 29, 1988 RE: SENECA DEVELOPMENT AGREEMENT UPDATE Please find enclosed a revised copy of the Development Agreement which has been reviewed by our environmental attorney, Becky Comstock, and legal counsel for the Seneca Waste Water Treatment facility. The cover memo discusses the changes which have occurred from the December 20, 1988 agreement. It is my understanding there are only two items which have not been reviewed by a majority of the board in order to have a full concensus on the agreement. Therefore, these two items Ms. Comstock will discuss with the Council and hopefully, the MWCC will have had a chance to review and comment at the meeting if they are in agreement with the overall development agreement. 0k.— DR/js Encl. 30 beo FARM AVENUE NEW TORI, NEW TO" bolls (sl2lsle-5900. 3 ORACECHURCH STREET LONDON Reay OAT, RNOLAND 01-901-0334 36. RUE THONCHET TSOOe PAI16, FIANCE. RI-119-rrt-ease :SAO,. MERIT NATIONAL. RAKE BUILDINO P. 0. ROI 8,111 ROCHESTER. MINNESOTA 55900 14011255-3156 NO NORTH .CENTHAL J.IR: TOWER AOe MINNESOTA STREET ST. PAIL. MINNESOTA 58901 (61:1207-11017 VIA MESSENGER Mr. Dale Runkle City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Seneca Wastewater Treatment Plant/Development rAgreement.. Dear Dale: Enclosed please find a revised Development Agreement between the City of Eagan and the Metropolitan Waste Control Commission regarding the expansion of the Seneca wastewater treatment plant. At the City Council meeting of December 20, 19B9,1 I advised the City Council, as did the attorney for the Metropolitan Waste Control Commission, that a revised Agreement would be forwarded to you for distribution to the Council by Friday, December 23, 1988.,Unfortunately, I did, not know the -City offices closed at Noon on Friday. The enclosed Agreement is the December 19, 1988 Agreement distributed to you and members of the City Council with additions underlined and deletions xled through. Those changes are, briefly, as follows: 1. Page 2, the first "Whereas" clause on that page deletes the words "water, air" and refers only to the City receiving numerous complaints concerning noise and odor. Since this Agreement does not deal with air or water pollution specifically, I agreed to limit this recital as described. 2. Page 6, Section 3.2, the words "required to be compl.ied with" and the word "each" preceeding "permit have been inserted at the request of the MWCC to clarify 31 DEC 2 r 1988 DQi?SEY & WHITNEY 0000 FIRST HANK. PLACE EAST Soon PIRST INTERSTATE CENTER MINNEAPOLIS, MINNESOTA 66100 sm NO NIH '01-f STREET (610)330-0600 P. o. Box Hoo DILLINOS, MOPTANA Solon TELEX 90-0605 TEMCOPIER (612)RAO-9265 SUN DAVIDSON DUILDINO 5 THIRD STREET NORTH GREAT 1AALH, MONTANA 59001 (aoelwT 5609 BECKY A. COMSTOCK (672) 060-2987 JET EAST FRONTSTREET missou A. MONTANA 69609 (ASJ)s0.6696 NO MEET NATIONAL BANE .BUILDING December 27, 1988 NATIAi..MINMEBGTA 56691 (SIN)474-Jam Mr. Dale Runkle City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Seneca Wastewater Treatment Plant/Development rAgreement.. Dear Dale: Enclosed please find a revised Development Agreement between the City of Eagan and the Metropolitan Waste Control Commission regarding the expansion of the Seneca wastewater treatment plant. At the City Council meeting of December 20, 19B9,1 I advised the City Council, as did the attorney for the Metropolitan Waste Control Commission, that a revised Agreement would be forwarded to you for distribution to the Council by Friday, December 23, 1988.,Unfortunately, I did, not know the -City offices closed at Noon on Friday. The enclosed Agreement is the December 19, 1988 Agreement distributed to you and members of the City Council with additions underlined and deletions xled through. Those changes are, briefly, as follows: 1. Page 2, the first "Whereas" clause on that page deletes the words "water, air" and refers only to the City receiving numerous complaints concerning noise and odor. Since this Agreement does not deal with air or water pollution specifically, I agreed to limit this recital as described. 2. Page 6, Section 3.2, the words "required to be compl.ied with" and the word "each" preceeding "permit have been inserted at the request of the MWCC to clarify 31 Mr. Dale Runkle December 27, 1988 Page Two that only conditions in the Agreement which contain a compliance date which is prior to the date of a permit application, must be satisfied before the City will issue a permit. This language does not change the substance of the Agreement. - 3. Page 8, Section 3.3(a), the date for work on the solids processing building has been moved from July 1992 to July 1993. 4. Page 8, Section 3.3(b), the date for implementation of the design phase for incinerator odor control has been changed from July 1, 1989 to October 1, 1989, and implementation of incinerator odor control has been changed from July 1, 1991 to October 1, 1991. Also, the date for implementation of an alternative sludge management methodology and odor control on that methodology has been moved from July 1992 to July 1993. The City Council had indicated its willingness to go along with these dates if other amendments to the Agreement remained essentially the same. 5. Page 9, Section 3.4, the words "registered with the MWCC pursuant to the odor control_ program required - by Section 3.1(c) of this Agreement" have been added to clarify the term "odor complaints" and the resolution of those complaints in conjunction with the City Council's authority to order additional odor studies. 6. Page 10, second line from the top of the page, the words "notice of the completion and availability of the odor study" have.been inserted to clarify that the MWCC is not necessarily required to provide a copy of each odor study to all interested citizens but simply to alert interested citizens to the completion and availability of the study. 7. Page 12, Section 5.1, the words "of this Agreement" and "if the City is the prevailing party in an enforcement action" have been inserted at the request of the MWCC to clarify that the City's engineering, consulting and legal fees will be paid by the MWCC if the City brings an action to enforce this Agreement only if the City prevails in such an action. The MWCC is concerned with frivolous enforcement actions and believes this limitation is reasonable. I agree. B. Pages 13 and 14, the MWCC has agreed to a more limited list of events which will be deemed to be beyond 9 Mr. Dale Runkle December 27, 1988 Page Three the MWCC's control if they are delayed in complying with the terms and conditions of this Agreement. This shorter list is based on the discussion at the City Council meeting on December 20, 1988 and includes an excuse for delay in performance if the delay is the result of administrative review or permit approval by the City or other governmental bodies, although if the City's delay is the result of the MWCC's failure to perform under the Agreement, the MWCC's delay will not be excused. Additionally, judicial or adminis- trative orders, including modifications of the consent decree between the State of Minnesota and the MWCC as well as labor strikes and acts of God, will be excused delays under the Agreement. The language on page 13 provides that these events will be deemed to be beyond the control of the MWCC and the delay in performance will be excused for these events, as well as others which are beyond the MWCC's control although not articulated in the Agreement. 9. Page 19, Section 6.3, the words "studies and reports" have been deleted and replaced with the words "the programs, schedules, study results" to clarify that these documents as well as notices will be provided to interested citizens who wish to receive notices, programs, schedules and study results under this Agreement. The MWCC requested this revision in order to avoid having to distribute a complete copy of each report to all interested citizens, but rather provide notice of the availability of reports and allow interested citizens to request a copy. This change seems reasonable given the amount of materials that may be generated in the course of implementing the terms and conditions of this Agreement. The MWCC is unable to give me final approval on Section 3.3(c) of the Agreement until the Commission has convened as a committee during the week of December 27, 1988. Under that provision, we have amended the language to clarify that the incineration capacity at the Seneca plant will only be expanded if necessary to accommodate Seneca sludge and if only Seneca sludge is being incinerated at the plant at the time expansion is contemplated. The MWCC believes that they would like to leave open the option of continuing to incinerate Blue Lake sludge and expand incineration capacity only if Seneca sludge cannot be incinerated at the plant along with the incineration of the current level of Blue Lake sludge. I have advised the MWCC staff that I am not _�)3 Mr. Dale Runkle December 27, 1988 Page Four recommending a revision to this portion of the Agreement based on the citizens' concern with the trucking of Blue Lake sludge to the Seneca plant for incineration, and also because it is my understanding that the MWCC voluntarily intends to cease incinerating Blue Lake sludge at the plant and may, in fact, cease all incineration of sludge at Seneca. Under Minnesota Statutes Section 473.163 subd. 2, until the budget for the MWCC's fiscal year 1990, those parts of the MWCC's budget relating to revenues and expenditures for capital improvements must be submitted to the Metropolitan Council by August 15 of each year for review and approval by the Council. Since certain portions of the Development Agreement include capital expenditures subject to the Metropolitan Council's review and approval authority, I have discussed with the MWCC and the Metropolitan Council which provisions they will have to approve in order for the MWCC to implement the terms and conditions of this Agreement. According to the MWCC, all of the requirements of the Agreement either have been or do not require Metropolitan Council approval with the exception of the requirements of Section 3.3(a), concerning improvements to the solids processing building and Section 3.3(b), concerning recommendations for sludge management and odor control on either the Seneca incinerators or on an alternative sludge management system approved by the MWCC. Under Minnesota Statutes Section 473.163 subd. 2, the MWCC will have to obtain the approval of the Metropolitan Council for capital improvements to the solids processing building required under Section 3.3(a) of the Agreement and also for capital improvements required as a part of decisions concerning sludge management and odor control of the selected alternative, whether that be incineration, composting or some other method. Since some of this work may be required before the Metropolitan Council's authority to review and approve the MWCC's budget expires in 1990, we expect these matters to be reviewed and, in all probability, approved by the Metropolitan Council. Given the Metropolitan Council's authority to review these items, I have spoken with the Metropolitan Council's attorney to explore the Metropolitan Council's willingness to become a party to this Agreement. At the time of this letter, I do not have a response to that inquiry. If the Metropolitan Council is unwilling to sign this Agreement, that should not, in my opinion, jeopardize in any significant 2A Mr. Dale Runkle December 27, 1988 Page Five way the interests of the City of Eagan under the Agreement. However, if the Metropolitan Council is required to approve these expenditures, but does not for whatever reason, the MWCC's delay in compliance with the terms of the Agreement would be excused pending Metropolitan Council approval or expiration of the Council's approval authority in 1990. As noted previously, the Metropolitan Council's authority to review and approve the MWCC budget expires in 1990. Accordingly, the Metropolitan Council may not be required to approve some of these projects, depending upon when the MWCC believes the budget item should be brought before the Metropolitan Council in order to meet the deadlines in the Agreement. Second, I have no reason at the present time to believe that the Metropolitan Council would not approve capital expenditures for these projects. Finally, since both improvements to the solids processing building and odor control on sludge management methodologies concern odor problems at the plant, I believe that we can seek the assistance of the Minnesota Pollution Control Agency in putting these terms and conditions in the Seneca plant's air permit in order to obtain additional controls over the MWCC and the Metropolitan Council. The Metropolitan Council is a named permittee with the MWCC on the air permit, and if we can include these provisions in the terms and conditions of the air permit, they will be bound by those terms as a co -permittee. I would be glad to respond to any questions that you or members of the Council might have prior to the City Council meeting on January 3, 1988. BAC/jmp Enclosure Very truly yours/, Becky A Comstock DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of , 1988, by and between the CITY OF EAGAN, MINNESOTA, a municipal corporation organized and existing under the laws of the State of Minnesota ("CITY") and the METROPOLITAN WASTE CONTROL COMMISSION, a metropolitan agency established pursuant to Minnesota Statutes Section 473.503 (1986) ("MWCC"). WITNESSETH: WHEREAS, the MWCC is authorized to construct, enlarge, improve, replace, repair, maintain, and operate any interceptor or treatment works necessary or convenient to collect, treat and dispose of sewage in the metropolitan area pursuant to Minnesota Statutes Sections 473.504 and 473.511 (1986); and WHEREAS, the MWCC proposes to expand and upgrade its Seneca wastewater treatment plant located in the City of Eagan, Minnesota, and has made application to the City for approval of the preliminary plat of the Metropolitan Waste Control Addition, dated June 14, 1988, for expansion and upgrading of the Seneca plant;. and WHEREAS,,the MWCC is under a court order pursuant to State of Minnesota, et al. v. Metropolitan Council and Metropolitan Waste Control Commission, District Court, Ramsey County, to complete expansion and upgrade of its Seneca wastewater treatment plant by August 31, 1992; and WHEREAS, the City has received numerous complaints of wataaXxaix x noise and odor pollution from the Seneca plant; WHEREAS, the City has adopted subdivision regulations establishing standards, requirements and procedures for the review and approval or disapproval of subdivisions and platting of subdivisions and is authorized to execute develop- ment contracts embodying the terms and conditions of subdivision and platting approval, pursuant to Minnesota Statutes Section 462.358 (1986); and WHEREAS, the City has approved the preliminary plat subject to and on the condition that MWCC enter into this Agreement; NOW THEREFORE, in consideration of the foregoing premises and the mutual obligations set forth in this Agreement, the parties hereto hereby agree as follows: ARTICLE I Definitions SECTION 1.1. DEFINITIONS. In this Agreement, unless a different meaning clearly appears from the context: "Agreement" means this Agreement, as the same may be modified, amended or supplemented. "City" means the City of Eagan, Minnesota. "Event of Default" means an act or omission by the MWCC or the City identified as such in Article IV. "Project" means the Seneca wastewater treatment plant expansion and upgrade, including odor control processes and equipment. "Project Area" means the existing Seneca wastewater treatment plant and the area designated for the expansion and upgrade of the Seneca plant. ARTICLE II Representations and Warranties SECTION 2.1. BY CITY. City makes the following representations to the MWCC: that: (a) City is a municipal corporation organized and existing under the laws of the State of Minnesota. (b) Under Minnesota Statutes Section 462.358 (1986), the subdivision ordinances of the City, and other state laws and city ordinances, City has the power to enter into this Agreement. (c) City has duly authorized the execution, delivery and performance of this Agreement. (d) City will comply with the terms and conditions Of this Agreement within the time schedules provided. (e) Neither the execution or delivery of this Agreement nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented by, limited by, conflicts with or results in a breach of any law, restriction, agreement or instrument to which City is now a party or by which it is bound. SECTION 2.2 BY MWCC. MWCC represents and warrants (a) MWCC is a metropolitan agency established pursuant to Minnesota Statutes Section 473.503 (1986). (b) MWCC has power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement. - 3 - (c) MWCC is the fee owner of, has an executed purchase agreement for or has commenced condem- nation proceedings with respect to the land situated in the City of Eagan, County of Dakota, State of Minnesota, legally described in the preliminary plat. (d) MWCC is committed to being a good neighbor and employing the best available and most cost effective technology to limit water, air, noise and odor pollution. It is understood and agreed that cost shall not be the sole criteria for selecting the technology to limit water, air, noise and odor pollution at the Seneca plant. (e) MWCC will comply with the terms and conditions of this Agreement within the time schedules provided. (f) Neither the execution or delivery of this Agreement nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented by, limited by, conflicts with or results in a breach of any law, restriction, agreement or instrument to which MWCC is now a party or by which it is bound. ARTICLE III Platting, Permits, Sludge Management and Odor Monitoring SECTION 3.1. PLATTING. The City shall grant final plat approval for the Project on or before May 1, 1989 if the following conditions are first satisfied: (a) By December 31, 1988, the MWCC shall develop a schedule of compliance for construction of the Project and implementation of the terms and conditions of this Agreement, which shall be made available to the City and interested citizens in accordance with Section 6.3 of the Agreement. The MWCC shall meet at least monthly with City officials to discuss revisions to and update the Project - 4 - schedule as necessary, if requested by the City. Interested citizens shall receive notice of each revision to and update of the Project schedule in accordance with Section 6.3 of this Agreement. (b) By February 1, 1989, the MWCC shall develop a plan to eliminate the public address system at the Seneca plant, except as otherwise required by federal, state or local laws, ordinances, rules or regulations, which shall be fully implemented on or before May 1, 1989. (c) By February 1, 1989, MWCC shall develop, document and begin implementation of an odor control program for the existing Seneca plant, which shall include but not be limited to provisions for response to odor complaints, an odor advisory committee and standard operating procedures for proper operation and maintenance of the wastewater treatment facilities, including existing and planned odor control equipment. The odor control program shall be submitted to interested citizens in accordance with Section 6.3 of this Agreement. The odor control program shall also be submitted to the City for review, comment and approval, which shall not be unreasonably withheld. (d) On or before April 1, 1989, MWCC shall complete the Residual Solids Management Phase II Report. Prior to final MWCC decisions regarding sludge management, MWCC shall submit the results of the Phase II Report to the City and interested citizens in accordance with Section 6.3 of this Agreement and convene a meeting of interested citizens regarding the Phase II Report conclusions and recommendations. Notice of the date, time and place of the meeting shall be sent to interested citizens in accordance with Section 6.3 of this Agreement and published in a local newspaper once each week for two consecutive weeks prior to the meeting. By May 1, 1989, MWCC shall, using an outside engineering firm, develop costs and recommendations for the best available and most cost effective technology for sludge incineration odor control, including but not limited to, stack height, incinerator - 5 - q0 controls, incinerator operation, after burners and scrubbers. If the Residual Solids Management Study recommends and the MWCC approves an alternative to incineration for sludge manage- ment, the MWCC shall, using an outside engineering firm, study and recommend the best and most cost effective technology available for odor control for that alternative system and include the best and most cost effective technology in the design for that alternative system. (e) By February 1, 1989, ,MWCC shall develop, through an outside engineering study, and fully implement by May 1, 1989, a program for cost effective chemical treatment of the combined raw wastewater flow, the sludge streams and the process side streams at the Project Area by one or a combination of chemicals, including but not limited to chlorine, iron salts, potassium permanganate and hydrogen peroxide. (f) MWCC shall convey a scenic easement to the City over the property identified in Exhibit A to this Agreement which shall be platted as an outlot. The property identified in Exhibit A shall not be subject to any fees or assessments by the City. SECTION 3.2. GRADING, FOUNDATION, BUILDING AND OCCUPANCY PERMITS. The City shall issue grading, foundation, building and occupancy permits for the Project as and if the following conditions required to be complied with as of the date of each permit application, are first satisfied. (a) In conjunction with Project completion, MWCC shall not dispose of excavated soils on the Project Area west of the existing plant. Disposal of excavated soils on the Project Area east of the existing plant shall be subject to the terms and conditions of a grading permit, which shall take into account risk of fire in the Project Area. (b) To reduce odors in its liquid processes at the Seneca plant, as soon as possible but no later than July 1992, MWCC shall isolate and collect odor in the headworks building (including the bar screens and grit classifiers), aerated grit tanks, flume channels and primary clarifiers. New structures shall include, but not be limited to, sealed permanent covers on the grit tanks, flume channels and primary clarifiers, isolation walls in the headworks building, sealed inspection and sampling hatches, as necessary, and sealed doors on the headworks building and primary tanks. MWCC shall convey the collected odors to a two stage odor control unit, which shall include a first stage, single stage, chemical scrubber and second stage carbon adsorption unit. (c) As soon as possible, but no later than October 1, 1989, MWCC shall design, construct or otherwise provide and make fully operational necessary additional odor control equipment for the Nichols Road pump and meter stations. (d) As and while construction of the Project progresses, MWCC shall install, operate and maintain all odor control equipment and measures to the extent possible, including but not limited to chemical treatment of the combined raw wastewater flow, the sludge streams and the process side streams at the Project Area. Beginning July 1, 1989 and semi-annually thereafter until Project completion, the MWCC shall advise interested citizens in accordance with Section 6.3 of this Agreement of steps being taken by the MWCC to comply with this subsection. (e) As soon as possible but no later than July 1992, the Seneca plant odor control program shall be revised to assure proper operation and maintenance of all odor control equipment, processes and procedures installed or developed at the plant as part of the Project. The revised odor control program shall be submitted to interested citizens in accordance with Section 6.3 of this Agreement. The revised odor control program shall also be submitted to the City for review, comment and approval, which shall not be unreasonably withheld. - 7 - 2 The final occupancy permit for the Project may not be issued until all of the terms and conditions of this Agreement, as of the date of permit application, have been satisfied. SECTION 3.3. SLUDGE MANAGEMENT. MWCC agrees to do the following: (a) To reduce odors in its sludge handling at the Seneca plant, as soon as possible but no later than July 1991 MWCC shall consolidate sludge thickening with sludge dewatering in the solids processing building and replace sludge conveyor belts with, an enclosed sludge pumping system inside the solids processing building. MWCC shall isolate and collect odors in the solids processing building which are generated from the sludge dewatering, solids thickening, solids storage, incineration and ventilation areas of the building. MWCC shall convey collected odors to a two stage odor control unit, which shall include either a two stage chemical scrubber or a first stage, single stage, chemical scrubber and second stage carbon adsorption unit. (b) As soon as possible but no later than October 1, 1989, MWCC shall begin implementation 7-- the design phase of the best and most cost effective technology available for incinerator odor control methods. If the MWCC approves incineration, in whole or in part, for sludge management based on the recommendations of the Residual Solids Management Study, as soon as possible, but no later than October 1, 1991, incinerator odor control methods shall be fully operational. If the MWCC approves an alternative to incineration based on the recommendations of the Residual Solids Management Study, as soon as possible, but no later than July 199,, odor control of alternative treatment and disposal methods shall be fully operational. (c) The sludge incineration capacity at the Seneca plant shall not be increased except to accomodate sludge generated from the Seneca plant and provided that only sludge generated at the Seneca plant is being incinerated at the Seneca plant. SECTION 3.4. ODOR CONTROL MONITORING. Within six months of Project completion, but no later than August 31, 1993, MWCC shall, through an outside engineering study, conduct an odor study of the Seneca plant, which shall include but not be limited to testing odor from the Project and Project Area in accordance with the Minnesota Pollution Control Agency's odor regulations, any federal odor regulations, and any amendments thereto, and evaluating the proper operation and maintenance of the odor control equipment and the need for additional odor control processes and equipment. Following this odor study, the MWCC shall conduct an additional odor study, through an outside engineering firm, upon resolution of the City Council. Such additional odor studies may be required by the City no more frequently than once every two years', unless odor complaints persist following implemen- tation of study recommendations, in which event an odor study may be required once a year until the odor complaints registered with the MWCC pursuant to the odor control program required by Section 3.1(c) of this Agreement are resolved. Each odor study shall include recommendations regarding operation and maintenance of odor control equipment and - any reasonable and necessary improvements to or additions of odor control equipment at the Seneca plant. A public meeting shall be convened by the MWCC to present the results of each odor study. Upon completion of each odor study, the MWCC shall provide notice of the completion and availability of the odor study to interested citizens in accordance with Section 6.3 of this Agreement and publish notice of the completion and availability of the odor study and the date, time and place of the public meeting in a local newspaper once each week for two successive weeks prior to the meeting. Within six months of the public meeting, the MWCC shall implement the best available and most cost effective recommen- dations of the odor study, as the recommendations may be amended as a result of the public meeting. ARTICLE IV Events of Default SECTION 4.1. EVENTS OF DEFAULT. The following are "Events of Default" under this Agreement: (a) Breach of any warranty or representation of this Agreement by either party. (b) Failure of MWCC or the City to perform any terms, conditions or obligations under this Agreement within such period expressly provided in the Agreement or within thirty (30) days after written notice to the MWCC or the City specifying such failure and requesting that it be remedied. SECTION 4.2. REMEDIES ON DEFAULT. Whenever any Event of Default referred to in Section 4.2 occurs, the City or MWCC may take any one or more of the following actions: (a) Suspend its performance under this Agreement, including but not limited to any necessary City inspections or approvals, until it receives assurances, which are deemed adequate, that MWCC or the City will cure its default and continue its performance under this Agreement. (b) Take whatever action at law or in equity may appear necessary or desirable to enforce performance and observance of any obligation, agreement or covenant under this Agreement. SECTION 4.3. NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the City or MWCC is intended to be exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof. In order to entitle the City or MWCC to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required under this Agreement. SECTION 4.4. WAIVERS. All waivers by the City shall be in writing. If any provision of this Agreement is breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent provisions or subsequent breach hereunder. BE ARTICLE V Reimbursement of Costs and Indemnity SECTION 5.1. REIMBURSEMENT OF COSTS. MWCC shall reimburse the City for all actual costs of engineering, consulting and legal fees billed to, and paid by, the City in connection with the preparation of this Agreement and enforcement of this Agreement if the City is the prevailing party in an enforcement action, and acquisition of the scenic easement required by the City prior to final approval of the plat. SECTION 5.2. INDEMNITY. The MWCC will save the City, the City Council, and the agents, officers and employees of the City harmless from any and all claims, damages, demands, actions or causes of action and the costs, disbursements and expenses, including attorneys' and consultants' fees incident thereto, arising out of the MWCC's failure to carry out the terms and conditions of this Agreement. ARTICLE VI Additional Provisions SECTION 6.1. SECTIONS. Any titles of the several sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing and interpreting any of its provisions. SECTION 6.2. FORCE MAJURE. The parties' obligations to comply with the schedules and deadlines for compliance - 12 - set forth herein may be delayed to the extent that noncompliance is caused by circumstances beyond the control of the parties. If any event occurs which causes or may cause a delay in compliance with the schedules and deadlines set forth in this Agreement, the delaying party shall notify the other party in writing within twenty days of the date on which' the delaying party is informed of such event. The written notice shall describe the relevant event(s), the anticipated length of time the delay may persist, the causes of the delay, the measures taken by the delaying party to prevent or minimize the delay, and the timetable by which those measures will be implemented. The parties shall adopt all reasonable measures to avoid or minimize any delay. Those circumstances that will entitle the parties to an excused delay in compliance with the terms and conditions set forth in this Agreement include, but are not limited to, the following: 1. Delays in necessary administrative review and/or permit approval by the City or other governmental bodies, provided the City's delay is not the result of the MWCC's failure to perform under this Agreement. 2. Judicial or administrative order, including modifications to the Consent Decree entered into pursuant to State of Minnesota, et al. v. Metropolitan Council and Metropolitan Waste Control Commission, District Court, Ramsey - 13 - County. 3. Labor strikes. 4. Acts of God. SECTION 6.3. NOTICES AND DEMANDS. Except as other- wise expressly provided in this Agreement, a notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally and addressed or delivered personally as follows: City: City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 MWCC: Chief Administrator Metropolitan Waste Control Commission Mears Park Centre 230 East Fifth Street St. Paul, Minnesota 55101 In addition, the MWCC shall maintain a list of interested citizens, including but not limited to all owners of property adjoining the Project Area and citizens requesting addition to the list of interested citizens, who shall receive copies of stedicaxxeadxxepce$is the programs, schedules, study results, and notices in accordance with the terms of this Agreement. SECTION 6.4. COUNTERPARTS. This agreement may be executed in counterparts, each of which shall constitute one and the same instrument. - 14 - SECTION 6.5. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the date first above written. CITY OF EAGAN By And METROPOLITAN WASTE CONTROL COMMISSION By Its And Its - 15 - of 3830 PILOT KNOB ROAD. P.O. BOX 21199 VAC ELLISON EAGAN, MINNESOTA 55121 Mora PHONE: (612) 454-8100 THOMAS EGAN DAVID K GIISEAFSON PAMELA McCREA THEODORE WACHTER December 29, 1988 cowca � THOMAS HEDGES cn AONrfta ' EUGENE VAN OVERBEKE GNB MR ED DELAFOREST DIRECTOR OF ENGINEERING METROPOLITAN WASTE CONTROL COMMISSION MEARS PK CTR 230 E 5TH ST ST PAUL MN 55101 Re: Seneca Plant Expansion Dear Mr. DeLaForest: On September 21, I forwarded the enclosed letter to your attention requesting MWCC's position regarding the issues contained within that letter. Other than a telephone contact by Mr. Doug Warner requesting further clarification of our concerns, I have not received a response from the MWCC during the past three months. As you are aware, the City is currently pursuing an agreement with MWCC regarding the preliminary plat approval for the Seneca Plant expansion. Should these issues be incorporated into that formal agreement document, or is there some other mechanism that the MWCC proposes to address these concerns? I would appreciate your review and response regarding these issues. Sincerely, V Thomas A. Colbert, P.E. Director of Public Works TAC/ jj CC: Jim Sheldon, City Attorney Becky Comstock, Special Environmental Attorney Joe Connolly, Superintendent of Utilities Mike Foertsch, Assistant City Engineer Thomas L. Hedges, City Administrator Dale C. Runkle, Director of Community Development Enclosure ---"--"� city of eagan- 3830 PILOT KNOB ROAD. P.0 BOX 21199 EAGAN. MINNESOTA 5.5121 Pn7NE (012) 454-8100 VIC ELLISON M-ro' September 21, 1988 THOMAS EGAN DAVID K GUSTAFSON PAMELA MCCREA THEODORE WACHTER Cwr Mw , THOMAS HEDGES MR ED DELAFOREST QIYA I,ab DIRECTOR OF ENGINEERING EUGENE VAN G21AOk RBEKE METROPOLITAN WASTE WATER CONTROL COMM MEARS PK CENTRE 230 E 5TH ST ST PAUL MN 55101 Re: Seneca Plant Expansion Dear Mr. DeLaForest: As a part of the City's review of the preliminary plat application for the expansion of the Seneca Waste Water Treatment Plant facilities, the City received the enclosed letter from the Minnesota River Valley Audubon Club identifying several concerns associated with the impact that the grading and filling operations will have on the wetlands in this area. Also, I would appreciate it if you could specifically address the following concerns raised by the Utility Maintenance Division of the Public Works Department. 1• Will the new expansion/remodelling provide for the installation of pressure reducing valves to ensure that the entire facility is compatible with static and residual pressures experienced in the past and anticipated in the future? 2. Will a "water filling station" facility be provided as a part of this expansion/remodelling to eliminate the need for MWCC to make direct connection to City fire hydrants to obtain large quantities of water from the City water system? Will the new construction provide for a disposal facility adequate to handle the grit and sludge residual from local community sewer cleaning operations within this service district as well as a designated disposal site for private septic system maintenance operations? GROWTH IN OUR COMMUNITY I❑ Agenda Information Memo January 3, 1989, City Council Meeting ORDINANCE AMENDMENT/ACCESSORY HOUSING B. Ordinance Amendment for Accessory Housing --Director of Community Development Runkle is recommending an ordinance revision to those regulations within the City Code that address accessory apartments. The purpose for the change is to designate an accessory apartment in R-1 District as a conditional use rather than a permitted accessory use: This proposed change will establish definite procedures, through a conditional use permit, giving the City Council the authority to approve or deny the application based on conditions met and findings of fact. Recently Mike 'Dougherty from the City Attorney's office addressed the issue of enforcing the City Council action of December 1987 which denied Michael Kalzenberg an accessory housing permit. The reasons stated in Mr. Dougherty's memo provide additional justification for amending the accessory apartments ordinance regulation. For a copy of the proposed ordina ce and memo from Mr. Dougherty, refer to pages_.,.. through .S The Director of Community Development will provide a review of both the existing accessory housing regulations and the proposed conditional use permit procedure at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve with or without modification the proposed ordinante amendment for Accessory Housing. MR ED DELFOREST SEPTEMBER 23, 1988 PAGE 2 I would appreciate it if you could provide the MWCC's position regarding these issues in the near future. I have appreciated your prompt response to other concerns in the past and look forward to hearing from you in the near future. Sincerer y, or Thomas A. Colbert, P.E. Director of Public Works TAC/jj CC: Jim Warwa, Seneca Plant Manager Joe Connolly, Superintendent of Utilities Mike Foertsch, Assistant City Engineer Vvc�' ORDINANCE NO. , AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 11, ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.20 REGARDING ACCESSORY APARTMENTS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: section 1. Eagan Code Chapter 11.20 is hereby amended to read: SECTION 11.20. Subd. 5. B. Conditional Uses. 4. Accessory apartment in existing, owner - occupied, detached single-family dwellings, subject to the following conditions: (a) Application shall be made on forms provided by the City which shall include the following: (1) Legal description of the property location and proof of ownership. (2) Scale plans indicating existing and proposed floor plans and access to both the principal unit and the accessory unit. availability. (3) Site plan depicting parking (b) The Community Development Department staff shall review the completed application and shall determine whether the proposed conversion meets the following standards: (1) The accessory apartment shall be clearly a subordinate part of the single-family dwelling and in no case shall it be more than forty percent (40%) of the building's total floor area. (2) The accessory apartment shall consist of at least twenty percent (20%) of the principal building's total floor area. Living space square footage for the accessory apartment shall include a kitchen or cooking facilities, a bathroom and a living room. (3) No front entrances shall be added to the house as a result of the accessory apartment permit. (4) The house shall be owner -occupied. (5) A minimum of four off-street parking spaces shall be provided. (6) The accessory apartment and principal unit shall meet the applicable standards and requirements of the City Code, Building Code and Fire Code. (7) the building and property shall remain in single ownership and title and shall have only one mailing address. (8) Only one accessory apartment permit may be issued for each detached single-family home. ) The community make a recommendation to approv�orde nythe appl cation based upon a statement of findings relative to the above standards. This recommendation shall be submitted in the form of a staff report to the Planning Commission. The application will be processed in accordance with Section 11.40 Subd. 4, except as noted in this subdivision. (d) The City has the right to attach conditions when approving an accessory apartment permit. The City shall require the owner to place restrictive covenants to be recorded with the property controlling the accessory apartment. Such covenants shall be approved by the City Attorney. (e) Upon the sale of a home having an accessory apartment permit, the buyer shall submit a new application for renewal of the permit. (f) An accessory apartment permit shall terminate if the above referenced standards are not adhered to. (g) The Council may revoke an accessory apartment permit if the criteria and conditions under which the permit was granted are violated. Section 2. Eagan City Code Chapter 11.20 is hereby amended' to delete Section 11.20 Subd. 5:.,C.7. in its entirety. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: By: Its: Clerk Its: Mayor Date Ordinance Adopted: Date ordinance Published in Legal Newspaper: 53 M S M 0 R A H D O M TO: Tum Sedges FROM: Mike Dougherty DATE: December 61 1988 Am: Yetzer complaint/Accessory Housing Ordinance Our File No.: 206- (OOE) In preparation for and in conjunction with our meeting of December 5, 19881 with Mr. John Yetzer, it was decided that the complaint being brought by Mr. Yetzer, regarding accessory housing, as well as general concerns regarding the ordinance itself should be brought to the attention of the City Council. A brief summation of the f&cLs a,:t as follows: 1, in April of 1987, the City adopts an ordinance creating accessory apartments. Eagan City Code, Section 11.20, Subd. 5(c)7. 2. August 25, 1987, Michael Kelzenberg petitions City of Eagan for accessory housing permit. 3. October 20, 1987, Council resolves to deny the application based upon the strong opposition of the neighboring property owners. (Mr. Yetzer included.) 4. October 7, 1988, complaint received from Mr. Yetzer advising the City that the basement of the Kelzenberg properties is being rented in contravention of the ordinance and Councillc action. After reviewing the circumstances of the Kelzenberg matter with the appropriate staff, two immediate observations come to light. 1. The ordinance creating the accessory apartment use needs to be revised in such a manner so that the City controls the situa Lion Lhiouyh %;oa',Jl Lional use potwiLn. 2. Unless a Violation of the present ordinance has occurred and is continuing to occur, the City may not be in a very good position to stop Kelzenberg from continuing the use. In the Kelzenberg matter, it is important to note thAt the accessory apartment use is a permitted use under the ordinance subject to the 01 standards set out in the ordinance. In evaluating the obligations imposed upon the City with regard to a permitted use, the special use permit is often times compared with a request for a variance. A variance allows property to be used in a manner forbidden by the zoning ordinance while a special use permit allows the uses expressly authorized by an ordinance; therefore, when an applicant requests a variance, a heavy burden is imposed upon the applicant to show that its grant is appropriate, while in the instances regarding special use permits, the burden is upon the City or other party opposed to the granting of the special use to establish facts compelling its denial. Luger v- City of Burnsvll , 295 N.W.2d 609 (Minn. 1980). Thus, when a City Council denies a special use permit, the City needs to enunciate specific findings in support of its rational basis for denial. In special use permit cases, the reasonableness of a denial is measured by the standard set out in the particular local ordinance. Aonn v. City of Coon Rani�a, 313 N.W.2d 409 (Minn. 1981). Similar to the aspects of conditional use permits, if an applicant meets the conditions required in the ordinance and the use does not endanger the public health, safety or general welfare of the community, a denial of the permit would be viewed as arbitrary and capricious. It is well founded, that neighborhood opposition and/or asthetic concerns alone will not rise to a level of serious health, safety and public welfare considerations to justify denial of special use permits. The Relzenberg matter boils down to whether or not the applicant has met the conditions set forth in the ordinance. As of this moment, I have not had sufficient information to form an opinion as to whether or not full compliance existed or continues to exist, however, such an opinion may be moot based upon the October 20, 1987, Council minutes which indicate that staff had determined that the request complied with the City requirements. There is a tangential argument concerning a requirement that the applicant place restrictive covenants on the property, and it would appear that this condition was not met or addressed at the October meeting. Nevertheless, the filing of such covenants may place Mr. Relzenberg totally in compliance with the ordinance. As I discussed in my meeting with Mr. Yetzer, the rationale for creating an accessory apartment use in a R-1 district is a policy decision for the City Council to act upon. If the City Council feels that such a use should be retained, I would suggest that they direct the appropriate staff as well as our offices to draft a new ordinance concerning making this type of use a conditional use to include standards for the Council to review in their deliberations. If there are any other questions regarding this matter, please feel free to contact me, otherwise, Jim Sheldon will be available at the City Council meeting to address any concerns of the Council or yourself. THE END -3- Agenda Information Memo January 3, 1989, City Council Meeting ORDINANCE AIUMDNENT/ELECTRICAL PERMITS A. Ordinance Amendment for Electrical Permits --The Department of Community Development has requested that the Electrical Code regulations be amended to provide that only State -licensed electrical contractors receive permits for the installation of electrical work in new structures and only State -licensed electrical contractors or resident owners of the property where work is to be done in existing structures. The City Attorney's office has prepared a memo an proposed ordinance amendment, copies are enclosed on pages through_. The City staff is in concurrence with the amendment as presented. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the amendment of the Electrical Code as presented. N 8 H O R A N D U M TO: Gene VanOverbeke, Director of Finance Doug Reid, Chief Building Official FROM: Joe Earley, Assistant City Attorney DATE: November 23, 1988 RE: Amendment of Electrical Code Our File No.: 206-5316 (OOE) 12 " ), ,BS Our office has received a request from Doug Reid and Bill Aikin, electrical inspector, to prepare an amendment to the City electrical code. The change would allow only state licensed electrical contractors to receive permits for the installation of electrical work in new structures and only state licensed electrical contractors or resident owners of the property where work is to be done in existing structures. The City currently relies on Chapter 1315, Electrical Code, of the Minnesota State Building Code. This amendment is slightly more restrictive than the state building code in that it does not allow future homeowners to do electrical work in property they are building or acquiring. The City has the legal authority to make this change. Subds. 17, 28 and 32 of Minnesota Statutes 5412.221 confer on municipalities the power to prevent and control fires, to regulate construction of buildings, and to provide for the general welfare respectively. In addition, Minnesota Statutes 5326.244, Inspection, Subd. 4, Powers of Political Subdivisions, states: "Any political subdivision may make a provision for inspection of electrical installations within its juIisdiction..." The various rules and safety standards which the state requires electrical work to conform to are outlined in Minnesota Statutes 5326.243, Safety Standards. In addition to outlining the standards required by the state, the statute also reads in pertinent part: "Nothing herein contained shall prohibit any political subdivision from making and enforcing more stringent requirements than set forth herein..." We propose the following ordinance language for your review and comment. ORDINANCE N0. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 4, ENTITLED -CONSTRUCTION LICENSING, PERMITS, AND REGULATION INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARRS- BY AMENDING SECTION 4.03 REGARDING BUILDING PERMITS= AND BY ADOPTING BY REFERENCE EAGAN CITY CODE, CHAPTER 1, AND SECTION 4.99 The City Council of the City of Eagan does ordain: Section 1. Chapter 4 of the Eagan City Code is hereby amended to read as follows: Section 4.03, Subd. 1. Permits for the installation of electrical work in new structures shall only be issued to electrical contractors duly licensed by the State of Minnesota. Permits for the installation, alteration or addition of electrical work in existing structures shall only be issued to electrical contractors duly licensed by the State of Minnesota or to resident owners of property where the work is to be done. Section 2. Eagan City Code, Chapter 1, entitled General Provisions and Definitions Applicable to the Entire City Code including "Penalty for Violation" and Section 4.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: _ Its: Clerk Date Ordinance Adopted: By: _ Its: Mayor Date Ordinance Published in the Legal Newspaper: Agenda Information Memo January 3, 1989, City Council Meeting ACCESSORY HOUSING PERMIT/LARRY LEVENSON B. Accessory Housing Permit for Larry Levenson, Lot 7, Block 10, Cedar Grove 7th Addition --Larry Levenson, Lot 7, Block 10, Cedar Grove 7th Addition, applied for an accessory housing permit under the current regulations and according to the Department of Community Development, all conditions have been met according to the City Code. Notification was sent out to the surrounding neighbors and if there are no objections expressed by any of the neighbors prior to January 3, 1989, there is no official action required by the City Council. If there are objections, then it will be necessary for the Council to consider this permit application as presented. For additional information on the Accessory Housing Permit, please refer to a memo ,from the Department of Community Development found on page. ACTION TO BE CONSIDERED ON THIS ITEM: There is no action required on this item unless there are objections expressed from the neighbor, then the City Council must consider the application with either an approval or denial of the Accessory Housing Permit as applied for Larry Levenson. TO: Thomas Hedges, City Administrator FROM: Jim Sturm, City Planner RE: ACCESSORY HOUSING PERMIT DATE: December 29, 1988 On Wednesday, December 23, Doug Reid and I inspected a home at 4093 Halite Lane for an Accessory Housing Permit. The Levenson's will construct the new kitchen if/when the permit is approved. Mr. Levenson's father will be the tenant and the building plans have been reviewed by the Inspections Department for both City Code and Uniform Building Code conformance. Notice of this application was sent to adjacent neighbors within 150 feet and, if no written comments are received prior to Tuesday, January 3, the Accessory Housing Permit shall be considered final. If written comments are received, the Council will need to make that final decision. The applicants were advised to discuss this application with their neighbors prior to our written notification. I will fill you in on the situation at the Tuesday, January 4 staff meeting. Condition of Approval: The kitchen area shall be completed as per the October 12 blueprint before the Accessory Housing Permit becomes valid. JS:tp cc: Dale Runkle Doug Reid MEMO TO: HONORABLE MAYOR 6 CITY CO FROM: CITY ADMINISTRATOR HEDGES DATE: December 30, 1988 SUBJECT: INFORMATIVE WOODGATE HOMEOWNERS ASSOCIATION Enclosed on page (#-2� is a copy of a letter sent to the City by the Woodgate Homeowners Association III. JAY BERTHE'S RETIREMENT DINNER Just a reminder that the retirement dinner for Chief Berthe is Wednesday, January 4, 1989, at the Lost Spur Country Club. If you know of anyone who would like to attend, please have them contact Linda Bendt within the next few days. THOMAS LAKE CENTER MERCHANTS ASSOCIATION Enclosed on pages Go� through (Al_ are minutes of the last Merchants Association meeting held on December 12, 1988. The Association was formed to work with the City and the County to minimize the impact of construction on Cliff Road. PUBLIC FINANCIAL SYSTEMS Enclosed without page number is a copy of the most recent Public Financial System's newsletter. A special wish to you and your families for a Happy New Year. /s/ Thomas L. Hedges City Administrator l0 Z, all WOODGATE HOME OWNERS ASSOCIATION III P.O. BOX 21012 EAGAN. MINNESOTA 66122 The Honorable Victor Ellison Councilpersons Egan Gustafson McCrea Wachter Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Re: Project 524 Dear Sirs and Madam: December 27, 1988 Minn. Stat. Sec. 429.051 states "Cost of any improvement, or any part thereof, may be assessed upon property benefited by the improvement, based upon the benefits received, whether or not the property abuts on the improvement ." We of Woodgate III Homeowners Assoc. are outraged at your discriminatory act against multiple family dwellings. The single family residents not only share in the "so—called" increased value of their property, but also in the use of the sidewalk and trailway. Is this fair? We believe this project should also be covered by the road construction fund as is the Rahn Road project. WOODGATE HOMEOWNERS ASSOC. III Board of Directors 3 ,1/icc_ pro ldad- { RECEIVED C26 THOMAS LAKE CERM MERCHANTS Thomas Lake Center 1565 Cliff Road Suite 3166 Eagan, Minnesota 55122 The refreshments provided by Jonathan Dental was our way of saying Happy Holidays to all our fellow merchants in the center. In attendance: Mark Reiling, Towle Realty Larry Hempler, Towle Realty Dave Everds, Dakota County Engineer David Zech, Dakota County Highway Department Tom Colbert, City of Eagan Carbons: Jerry Anderson D. Carbon Daulton For Hair: Denny Daulton Jonathan Dental: Audrey Weiner Mail Boxes, Etc: Chuck Shults (Thanks for the chairs b coffee pot!) Travelink: Brenda Bader True Value Hardware: Dick Nestaval Pete Dennie once again the purpose of this meeting was concentrated on the upcoming spring construction on Cliff Road. Ton Colbert read a letter from John Voss, Dakota County Commissioner. A copy of this letter which was sent to Ralph Linvill, Linvill properties is enclosed, Dave Everds and Dave Zech have talked to the contractor about options and will continue to look into ways of making the road closing as brief as possible. Inabeck is the contractor, Frederickson is responsible for the storm sewer am- struction. The following are the stages of road work: 1) Excavation should not take more than 2 weeks time and the poorer material would be on the west side Of Cliff 2) Grll Grading, (same as excavating) 2' of material win be moved 3) Storm sewers (does not cover whole length of road) 4) No water main 5) No sanitary sewer 6) Gravel is laid 7) Curbs and gutters (2} to 3 days, 72 hours for casing) 8) Shaping 9) Three separate phases of pouring asphalt . Dave Everds feels it's better to do all the work at once, and SPEED IT UP, instead of stages, which conceivably could double the time of construction. If the work were don in two stages, the cost would escalate. There is also the possibility of danger to the work crews, as Dave cited several previous injuries from auto traffice during construction. Dave will try to develop 6D TLC MERUiAWS ASSN. 12/12/88 MINUTES continued a plan to keep the west end of Cliff open as long as possible. However as was stated, poorer grading material is on the east end, therefore it might be necessary to dig into the west end sooner. Dave also feels that good co-ordination with the utility companies might mean one part of Cliff could open sooner, while the rest of the construction is being completed. He would also try to work with the contractors to perhaps work extra days. What this all adds up to is that Cliff Road will be closed probably the beginning of May. The project won't begin until the weather is good. During the time of road work Cliff will be closed from Johnny Cake to the east end of the road. Beacon Hill will stay open and cross Cliff to the Center. This is the only open road crossing Cliff between Pilot Knob Road and Johnny Cake Ridge Road. Thomas Center Drive will be open from the Center to Diffley Road. Cliff Road traffic will be rerouted to Diffley. The project is slated to take approximately 5 weeks. Following the c<mpletion of this project, work will begin on Diffley between 35E and Pilot Knob, and all traffic will be rerouted to Cliff Road. This is a longer project. Also to be completed are the final grading on Pilot Knob and Diffley. Signage giving directions to the Center has to be coordinated with Pete Sorenson, Traffic Engineer. Larry Hempler from Towle will contact Pete. Mark Reiling was questioned on how Towle Realty was going to help the merchants during the construction period. Specifically he was questioned about rent reduction. He was also asked if Business Interruption Insurance would apply in this situation. On Monday, January 9th, Mark Reiling and Ralph Linvill will meet with our association to discuss the financial impact'on the Center and what their respective companies are willing to do. This meeting will be held at Mail Boxes, Etc. It is hoped that we will have full attendance, and some concrete answers. On Monday evening, Febuary 13th, the association will meet with David Everds, David Zech, and possibly Mark Reiling to see what progress has been made with the contractor. No meeting place has been set. It has been suggested by several members that we meet at a restaurant, (not necessarily any particular one, but perhaps change the locale monthly). The reason being more room, a chance for those of us to grab a bite of dinner or a drink. Please bring your thoughts on this to the January meeting. Two additional thoughts. Melinda Shults went to a lot of trouble to collate our letters to State, County and City officials. Some of us still owe her $3.00 for those packages. it is hoped that at our January meeting we can set up a budget for the association, or at least dues that will cover this expenses. It is also hoped that we can direct our attention to other mutual problems. Until January 9th, 1989, here's wishing you all a VERY HAPPY HDL,IDAY. Sincerely, 7 U S DAKOTA COUNTY DAKOTA COUNTY GOVERNMENT CENTER 1560 HWY. 55 • HASTINGS. MINNESOTA 55033 • PHONE 43"29 December 1, 1988 JOHN S. VOSS COMMOSOMn. mmmosmcr 3976 DOLOWE DRIVE EAGAN. MN 55122 TELEPHONE RESIDENCE 452.1033 OFFICE 431I4oi Mr. Ralph Linvill Linvill Properties Inc. ..;: Burnsville Heights Business Center 11975 Portland Avenue, Suite 126 Burnsville, MN 55337 Re: Cliff Road Reconstruction - Thomas Lake Center Merchants Association Letters Dear Mr. Linvill: I have discussed your Merchants Association letters!and meeting with the County Engineer's office and would like to provide the following information. Dakota County acknowledges the tenants and partner's concerns about closing Cliff 'Road for a period of time late next Spring. The County will discuss these concerns with the City of Eagan and the Contractor to determine if access to the Center, as covered in the project special provisions can be improved. Construction activities will begin again by May 1st, as weather permits, and should be completed by mid-June. The Contractor is on schedule and should be able to complete the project within the time allowed in the contract. Constructing storm sewer and the new roadway will completely eliminate the existing road. Operation of heavy equipment for construction and the .excavation work required will make portions of the road very•inconvenient and unsafe for travel. The County's desires for the project are to safely complete the work in the shortest amount of time at reasonable cost. Hopefully the County and the Merchants Association agree that safety to the traveling public and the construction personnel should not be compromised, completion of the work should not be unduly delayed and that the costs of the work should not be increased to the taxpayers. AN EQUAL OPPORTUNITY EMPLOYER Mr. Ralph Linvill Page 2 December 1, 1988 Some revisions to the project that can be investigated are (1) incentives for earlier completion of the remaining work requiring road closure, (2) preserving access to Thomas Center Drive from Beacon Hill Road, (3) phasing construction so Cliff Roadremains open to Thomas Center drive or Thomas Lake Road. If the Merchants Associaton has other suggestions, we would also consider them. There is no guarantee that construction can be reasonably will try to help. Sincerely, access to the Center during improved, however, the County John S. Voss . County Commissioner, Third District JSV:clj cc: Donald Chapdelaine ,y MINUTES OF REGUI;U MEETING OI�•''1'H8 SAGAS CITY COUNCIL DECEMBER 208 1988 A regular meeting of the Eagan City Council was held on Tuesday, December 20, 1988, at 6:3:{f:**;afi:;.te:;:Eagan Municipal Center. Present were Mayor Vic members Wachter, Egan, Gustafson and McCrea. Also prei4it we&} City Administrator Tom Hedges, City Engineer Tom Colbe=t, CoidmUnity Development Director Dale Runkle, and City Attorney; 'gimes 4t4don. Egan moved, Gustafson seconded, the motion to approve the agenda as presented. All voted in favor. MINUTES December 6. 88,Maps:;:,.spm requested an addition on page 10 regarding the Airport Adequacji'`3tui;:as follows: City Administrator Tom HOd99A::::Pr-ZZkkhted the following five recommendations to the Coun.ef::::oz:•:;C'heir review: 1. Endorse the Metf'opolitan Council Task Force's Two -Track Approach which would permit consideration of expansion of capacity at the current airport, which property is identified and banked for a potential future airport. Such endorsement contingent...%ipop.:the exclusion of the third parallel runway::CtG{:1::study as the "far parallel° 2. Insist that the'`@trvi'ifiti[ttti] reviews of both the proposed Runway 4/22 Extension:ftd tt*.:;:proposed North/South Runway be exhaustive, both in::xerma::W identification and mitigation of impacts;;:: 3. Demand that expansion of capQity at the current airport be managed in such a manner as to utilize the noise abatement capacity of the Eagan -Mendota Heights Corridor as it is currently defined by the Metropolitan Council Aircraft Noise Policy Contours. Further that Metropolitan Policy be amended to provide for compe#rrdation for communities and/or property owners in the event that impact areas broaden, expand or shift;;a&•.;:.:;ce&}i:.;A operational changes at MSP. 4. Support expansi4i:%4.jW.%V:.::City gDjy as necessary to meet demand until a r�eMadiiiehe`Nfiport can be built. 5. Support an acceleration of land-bank/development process for a replacement a�— ort to the extent possible. Page 2/EAGAN CITY COUNCIL MINUTES r December 20, 1988 McCrea moved, Egan sebonded, the',.". tion to approve the minutes for the December 6, 1988,::Xegular Coyrfeil meeting as amended. All voted in favor. SELECTIOIf:`: 'i iEF OF POLICE City Administrator Tom Hedges explained the Anterviewing process to the Council. Mayor Ellison stated that all three finalists were excellent candidates for the., position.. but that Pat Geagan stood above the rest. Councilmember Mc ed :.:. jicompetftion was tough. Councilmember Gustafson co:pjcCrea and stated he was glad Pat Geagan was chosen for the P;isktiort' -Jay Berthe commended the Council and Pat Geagan on the A ectior};;: Gustafson moved, McC*i:::isCo�`:he motion to approve the selection of Pat Geagan as`'C29ief dlice, subject to a physical and psychological examination, to fill the vacancy created by Jay Berthe whose retirement is effective January 20, 1989. All voted in favor. AUTHORIZATION TO PURCHASE POLICE SQUAD CARS City Administrator 1Oges introduced the matter to the Council. Geagan informed tIie':'�a:Eiii�Jik•;•-they were requesting the purchase of six squad cars, nqt .'setgh:*:'As stated in the memorandum. Wachter moved, Gustafson:':,ectiiit3``the motion to approve authorization to proceed wfarchase of six police squad cars from Viking South dale Ford*::. - ...o amount of $13,377.00 per vehicle with the understanding that the 1989 budget as it relates to police capital will be reappropriated by the deletion of certain capital items to allow an adequate amount for acquisition of the squad cars. All voted in favor. AUTHORIZATION TO PURCRW---.'#M ::::' VEHICLES #i::i?EST� POLICE ADMINISTRATION Gustafson moved, Wachter seip}�ded,:ithe motion to approve the acquisition of one police admini"tati '..;::car from the Thane -Hawkins Polar Chevrolet in the amount of $10,98800 and for the City to negotiate the acquisition of an additional administrative car at either the dealer auction or a rental agency. All voted in favor. PROJECTS 83-J, 85-E, 85-F AND 86-Q DECLARE DEVELOPER IN A -*DEFAULT Public Works Director;: -T..= etA;pkOX.t::.':�ovided the background on the matter to the Council. MaypX:::4;1:;i� i}iit: jitioned if the developer was present. Mr. Colbert stated the develope.K was not present at the meeting. Councilmember Egan questioned �kf. the developer had been informed of the City's position and que$tioned the kind of remedies available. City Attorney James Sheldon stated a formal declaration Page 3/EAGAN CITY COUNCIL MINUTES December 20, 1988 was necessary to begin tk0V process andi-".�hat the matter would be discussed in a closed me4ng. ...... Egan moved, Gustaf SOA�i4g-- a,Q44egl-j*A"�'he motion to declare the developer in default for ... j*i* ;-:J (Park Cliff 2nd Addition), 85-E (Oak Cliff 2nd Addition); (Park'Cliff. 3rd Addition), and 86-Q (Oak Cliff 4th Addition) and authorize the .. City Attorney's Office to pursue remedial corrective action as m All voted in favor. may be appropriate. City Administrator Tom Pastor Block was leaving his Egan moved? McCrea seJieipd, for his timeand dedicati6n. All stated that the Police chaplain on;i January of 1989. otion to commend Pastor Block in favor. CONSENT AGENDA A. Personnel Items. 1. Additional It was recommended to approve the hiring of Bonnie Blood, Cllr%stipr.Mesko, Jason Onstad and Lisa Register as seasonal skating :,.:ink S embers for the 1988/1989 ...r winter season. 2. City Planner. it X ** :M �tlommended to approve the hiring of James L. Sturm for the * Poi�ftion of City Planner, subject to successful completion of the City's physical• examination requirement. B. 1989 Cigarette License Renewal. It was recommended toi:4*—.. garette license renewals for 1989 as presented. LqW6!1-V0,--VT@MM was recommended to appro1W-2'theree kennel license renewals for 1989 as presented. It was recommended to approve the> 89 refuse haulers license renewal list as presented. was recommended to appro1W-2'theree kennel license renewals for 1989 as presented. It was recommended to approve the> 89 refuse haulers license renewal list as presented. Page 4/EAGAN CITY COUNCIL MINUTES December 20, 1988 E. Containers. It was recommended to '$jQq successful bid for the two-piece stackable recycling'''t^onfgf3her with both containers solid sided, to be used by households for 'curbside recycling. It was recommended ta.. ..ii is z :: #E transfer of Quit Claim process for the"exce ;:'p'ublz�: right-of-way and authorize the Mayor and City`'tlerk--:to execute all document - G. title through a of Safari Pass related It was recommended to approve the seventh and final payment for Contract 87-16 (North Nicols Road) to Valley Paving, Inc. and authorize the acceptance of the improvement for perpetual maintenance. H. Approve New M +ni i:p .... ate Aid Street Designations. It was recommended to ap�ove'ii':.:Yegplution designating additional municipal state ai..-�strp. :*metes and authorize the Mayor and City Clerk to execute all: #ei.';'eiel'i3ocuments. Al. I. Contract 87-3 TnP Stance (Fire tati r, an It was recommended to approve the fourth and final payment for Contract 87-39 (Fire Station No. 4) to Dell's Construction, Inc. and authorize the acceptance f•cr.:;pkp�tuai.:mdintenance. J.contract 88-4 Final p w .;* A 9 @RtAnce (Pump Howe y 101 It was recommended to approls the i#4xth and final payment for Contract 88-4 (Pump House No. 10);fo A�3f*:R construction, Inc. and authorize the acceptance for perpetual'. intenance. R. PLolect 463. Final Paament It was recommended to approve thepayment to Dakota County for Project 463 (County Contract 32-03)�.'fbr the improvement of Cliff Road east of Trunk Highway ::::::::::::::::::::::::::::.: Page 5/EAGAN CITY COUNCIL MINUTES December 20, 1988 L. It was recommended to agpttiy sixth and final payment for Contract 87-15 (Wescott Road -*"-b' Il'ities)'to opts Corporation, Inc.. and accept the improvements for perpetual maintenance. I W:V=141119� It was recommended to appr0-:-:-;--- .ve;the;i:i-.thi rd and final payment for Contract 87-20 (Pressure Reduci44 Stat-�ons) to m & 14 Sewer and Water, Inc., and accept the improvemenjij$.for,:jAirpetual City maintenance. N. Stonebridge - Trunk Ut-i]jtjeq). It was recommended to approve the sixth and final payment for Contract 87-22 (Hills of Stonebridge - Trunk Utilities) and accept the improvements for perpetual City maintenance. 0. Contract 87-23, Pi ........ Trunk Acceptance (griffle g-idge U'Al ities and Atreet-g) . It was recommended to ap nth and final payment for Contract 87-23 (Bridle 0. 1 . itilitias and Streets) to ...... Nodland Construct* C--, and n� perpetual maintenance. theimprovements for p P. Contract 87-25. A]2prnue Change Qrdpr-No 3 (Braddock Trail - Sidewalk/Trail). It was recommended 0V Order No. 3 to Contract 87-25 (Braddock Trail - Tr."*'&'*iiiay)'-'-'&Wd-'-:iiiithorize the Mayor and City Clerk to execute all related docL&anta-.-'-:-'--:' Q. Project. It was recommended to approve as written the question for the February 14# 1989, Community Center Referendum. R. ADDrove It was recommended onsfor miscellaneous street mainten fi-*8'0"equipment and authorize the advertisement for a bid opening to be k0%,:d on January 10, 1989, at 1:00 p.m., for the tandem axle dump trdek-!with snow plow equipment, P.m.r and January 10, 1989, at 2:00 for"ihe street sweeper. Page 6/EAGAN CITY COUNCIL MINUTES December 20, 1988 Egan moved, Gustaf soit'seconded, t" motion to foregoing consent agenda items and autebnrize their All voted in favor. SKYLINE ROAD/SIBLS approve the implementation. Y HILLS 0Wf3NSIQN (STREETS AND UTILITIES) McCrea moved, Gustafson seconded, the motion,to continue the public hearing for Project 543R (Skyline Road/Sibley Hills Drive Extension - Streets and Utilities) to January 17, 1989. All voted in favor. .......... VACATE PONDING AND OTILI2T-'*::EASE T/GALAkIS CLIFF PLAZA Public Works Director Tom .GO�bert:Uformed the Council that due to the uncertainty of the is#xxal:<. t ....sioval, staff was recommending that the petition vacation:::#e `i3enieii;rid that it be reconsidered at such time as the final plat is proposed to be processed. Wachter moved, McCrea seconded, the motion to close the public hearing and to continue indefinitely the vacation of the ponding and utility easements within ltbe. proposed Galaxie Cliff Plaza Addition, until final lat a ,'7�:1.,ypted in favor. FINAL RATI BUDGET City Administrator Tom 5Heck' Qz:;.: ese*hted the matter to the .... .':': •: Council. Mayor Ellison stated: } �r was an overall increase but there was a decrease in the mill* t;' Councilmember Wachter stated that staff had done a wonderful:)ob on the project. Wachter moved, Gustafson seconded, the motion to ratify the 1989 general fund and public utility operating budget as presented. METROPOLITAN:::.::.;.'::•:::;:•::•:;:; .;•::.: .:.:SSSNTATIVE ..............:....:.. City Administrator Tom Hedges-1pdat the Council on the matter and explained the process. He distfxbute4:; copies of a letter received from Margaret Schreiner. (see Exh#;4it A)::Margaret Schreiner and Deborah Tompkins presented their respece qualifications to the Council. Councilmember McCrea stated she felt it was important for the Council to endorse a candidate. Mayor E11,ison stated he felt Eagan needed representation on the Council. matter. Touncil voted on the McCrea moved, Gustaf soi#::,ig GQ - motion to endorse Deborah Tompkins for appointment to ".:... ict Fifteen of the Metropolitan Council to replace Mary Martin who is nd:•seeking reappointment. All voted in favor. Page 7/EAGAN CITY COUNCIL MINUTES December 20, 1988 Councilmember McCrea the Governor. SENECA WASTE send a follow-up letter to PLANT AGREEMENT City Administrator Tom Hedges updated the Council on the project. Becky Comstock presented-:::tbe::::p1pRjMwd agreement and stated that the MW CC mtie::: 1:............. .. M T �F . one stated there was a new Section 3.4, which gave contro18-:*:':'-.'Aeyonft992. She described various provisions f the 6 e agreement. Councilmember Egan quest -k0'. i 'i X': . L- agreement was a draft document. Ms. Comstock sta, .W. L*wn*:'.4 raft document at this time as the revised agreement had not b-eearoved by the MWCC. However, the MWCC had approved an earlier agreement known as the "December 13th" agreement. Mayor Ellison asked Ms. Comstock to point out the differences between the proposed agreement and the adopted agreement. Ms. Comstock outlined the changes. Councilmember wachtei.. q was concerned with the track record and felt that the 0 ould have a method for enforcement. He was disap oi Councilmember Egan ques re were any rights or remedies changed from the ek 4 proposal. Ms. Comstock stated '6ns an only the odor review provisions the City staff inspections. There was further discussion regarding the revisions to the agreement. Ms. Comstock summarized the MWCC's primary concerns with the new agreement. Councilmember McCrea was impressed with the proposed agreement mayor :�.�:Xhat no one would come away completely satisfied. Jean Matross (Attorney for'ri&Pped the background on the matter and stated the time sched "C'. 0 It"t the conditions was the 25 t only sticking point as the 1992 dee coiA:id not be met. She stated the schedule presented by MWCC was its best"Ntimate. Bob Isaacson (MWCC Engineer) reviewed the improvements and stated that five to six projects were converging on one plant. He stated there was complicated constructim.'imanagement and stated an alternative of installing incinerator o&` control before 1992 if the n incinerator was continued. thi;.*implementation had been reduced from seven to eleve five years. Mayor Ellison quest ' ioned if it was physicjfl: Mr. Isaacson it was improbable. Councilmember Egan question*'#:if it could be done but it was economically more expensive. Mr. Isobson said that was a fair statement. l' e ge 8/EAGAN CITY COUNCIL MINUTES December 20, 1988 Betty Bassett stated -'she felt the:;:' CC was sliding back to its original position and that::.;pismanagemsii� had caused the present odor problems. She had concerns.:::s�.ardincj..:.ti :e scenic easement as it gives the citizens no security. SF��ing was being done. John Wesley, 1747 Bluebill, stated he felt'the MWCC was dragging its feet and that it could meet the deadlines. He had concerns regarding the escape clause and requested the City meet with the PCA. City Administrator Tom Hed9es.::staterd; staff had been in contact with the PCA. Community Developed nt;:...... ..Dale Runkle explained the permit process of the PCA and sYiaCecl brat the City would have input. Mr. Wesley stated the goal ::Acould::.: to clean up the plant as soon as possible. He also ,)ia,d.,:epxnS:cegarding the zoning. City Attorney James Sheldon stai*k' ie' ri cil was dealing with the platting concerns at the piesent tiili'E': Mr. Wesley distributed information on zoning (see Exhibit B). Terrell Fridley (Attorney for Citizens Against Seneca Expansion) stated he felt the agreement Ms. Comstock presented was the best possible agreement. He fur. kar.stated the 1992 deadlines were appropriate. He requested ih.,# ."iddi.tion of language that the zoning was I-1 and requested other John Melon, 3680 Ash bury;$oad,;;;' ' '' ' �serssed his concerns regarding enforcement. Councilmember MO.Cr?;::txtgted several provisions of the agreement addressed enforc�iitett ..touncilmember Gustafson stated the PCA had rules and regulati�rlfs enforced. Councilmember Egan stated the agreement was much improved from the last one the Council reviewed and felt there were remedies of default available for Council action. Mr. -Melon stated he felt enforcement was more important than dates. Mayor Ellison con cued.:?ii't4+;::.Melon and stated he felt a decision should be made as: tio:":�i-'3if:i ,:O:dat :-":was more important. Councilmember Egan felt the MWCC:.yt4Ls saj!dng it was economically irregular. He felt 3 1/2 years wag:enoutime. He further stated it was necessary to have a monitoriftj systQgX and that the agreement as presented accomplished many of tfii�concikihs. Councilmember McCrea supported Mr. Egan and felt the dates m4y need modification. Councilmember Gustafson stated he was sensitive to the past problems and also to the MWCC's concerns. He felt the agreement as presented was the one the Council should adopt. Councilmember Wachter felt the PCA had not done its job. He was totallir::;discouraged and not happy with the agreement. He felt the concerng;:of the neighbors were not addressed. Mr. Egan stated the pr elimiaa=y plat was contingent on any agreement. Mayor Ellison prjkgf;is#tter would be back before the Council in January becaiaaiie>:;ie MWCC would not approve the agreement. Ms. Matross informed the Council tRi t if the 1993 date was granted, the remaining items could be discussed. She stated the one Page 9/EAGAN CITY COUNCIL MINUTES December 20, 1988 point in disagreement wa'ti"'the 1993 da�tC Mayor Ellison suggested that if the Council compromisQ4...on the datzw: they would be farther ahead as the matter had gone six mc=fis- Ms. Matross stated she could commit to the noti .�`.. and a two year review. ce Mayor Ellison recommended continuing the Matter for two weeks to allow review regarding the date,, with the other language remaining the same as Proposed. Councilmember Egan stated they must insure that the other provisions remain the same as proposed. McCrea moved, Gust afii15h1'-'t6. h***d-_i-id*i:-::-:-t,-he motion to continue the X MWCC agreement for the expansidi�:Of tBig.*-Seneca Waste Water Treatment Plant to the January 3, 1989 Q.q;qncil.-4peet1ng to allow for further review regarding the dates, ...... ** er language remaining the same as presently proposed":*:-':. n favor. AP. Councilmember Gustafson stated he felt that if the Councilmembers did not receive a final packet by December 29, 1988, the matter should not be heard at the January 3, 1989, Council meeting. PARK Elft! pN/FSDSRAL r.MD COMPANY City Administrator TOM Had ge'S'-%'&' n'-fir'qdu ced the matter to the Council. Community Developmea-i Di1;eQt&:6'::Qale Runkle presented the details of the development an %Ap An and referenced the Parks and Recreation Committee's Martin Colon (developer) introduced the following people who would be presenting the pioject to the Council: Tim Erkkila - Land Planning Report Presentation; Fran Hagen - Utilities Presentation; Mitch Wanson - Traffic Presentation; and Charles Bartholdi - Legal Presentation. Tim Erkkila explained *the' of the land use planning and stated the developer was tiveiii. r �*;D the existing development patterns. He presented a diag f thWi-*current uses. He stated there was no current residential usesid tho . pie was no definitive reason for the D -III designation. He stated tie comp guide plan was incorrect as the D -III designation was incompatable with park use. He suggested a commercial planned development was the best use for this site and also pointed out that a planned development preserves the municipal review process. Fran Hagen updated the Council on"*.-Ae grading and the utilities aspect of the project;fHe::K-*V-I:iW*i$:::.tA'O::::..qirading plans and possible "N' . changes, the quality wi area and the sanitary sewer and water main services.. Mitch Wanson (traffic engineer) bA*ifly described traffic presentation to the Council. Page 10/EAGAN CITY COUNCIL MINUTES December 20, 1988 Charles Bartholdi sunkTogrized the;:4.yerall presentation and referenced letters and rep t.S which. -i -U3 been sent to the City Administrator. He requested'-::43:.:>tYa 1='�fits be included on the record in regards to the applicatioii'c*:':I"W" f:iiYther: stated Federal Land was willing to accept all staff conditions and assessments and that it would satisfy all City concerns. He updated the Council on the status of the HRA option agreement and stated that if the property were used for elderly housing, the square „footagg.:of the remaining project would be reduced. He requsrs ei#:::a •.. '..tom...*'to rebut the adverse data and stated the architect was a+tail'BI��:'fur::i:uestions. IX Pat Laughlin (Hoffman Deve1:apuent.)-:::;4ad concerns regarding the ponding's effect on its proper <:•::: Doris Wilkins stated' senior''iafe was necessary in Eagan and that the site in question was an excellent choice. She suggested the Council require senior housing as a condition of approval. Councilmember Egan questioned if the parking stall requirements were met. Mr. Runkle state¢:.;the requirements had been met. Mr. Egan had concerns regarding the:::sy��gt..on the traffic. Mr. VanWormer addressed the traffic conce'?h:g�:�}i0*t4-1e. access problem. Public Works Director Tom Colbert informed. the*'Ccuii'ciil that the County wanted to view the access on the entire�strip.::bd;Wiie final approval. There was much discussion regarding the:mccss:':aiS'ii the traffic study. Mayor Ellison questioi":''I f the piece was evaluated for the traffic study as commercial or residential. Mr. VanWormer stated it was reviewed as commercial'and that the access would work until three lanes were necessary. Councilmember Egan had:;canCez.EtS::Ees�arding potential assessments and questioned if the City;ta}itijA'**r**_ft;; cial agreements. Mr. Colbert suggested the pre -payment of pro�.e4ted ,Obligations. Mr. Egan had concerns regarding the Hoffman pdij6. Mr. iColbert stated the storm plan anticipated some flow from €4: pr `''ct. od: Mayor Ellison asked for the results`of the commercial study. Community Development Director Dale Runkle stated the area could support additional commercial projects. Councilmember-Egan supported continuance of the matter for 30 days to review the zoning issue and the traffic analysis. Councilmember McCr." stated she felt traffic circulation should also be addressed. *' or Ellison asked for an estimate of the tree loss and how to saOE as many trees as possible. He also asked for lands capj) , . gei : mj(ri$ plans, the building materials and review of th6':tdh-1ifg: s's 3i ti Councilmember Gustafson favored the proposal as presented, however, he had serious reservations regarding the commercial s�*dy. He stated that if all questions were answered, he favored the::',k oposal. City Administrator Page ll/EAGAN CITY COUNCIL MINUTES December 20, 1988 Tom Hedges referenced a liter received:from Ronald G. Cornwell of the Bieter Company (see Eic&bit C) . Egan moved, McCrea se Comprehensive to continue the Comprehensive Guide Plan amenitiii W-11 D -III to CPD, rezoning from Agricultural to a Planned Development, a preliminary plat entitled Park Center Addition, and a conditional use permit for pylon signs as requested by the Federal Land Company to the February 7, 1989 City Council meeting, to allow .fve>:Br:t1iew regarding the zoning, traffic, tree loss, lands c4 pt.]p : W. �jg'Impng and building materials. All voted in favor.OF Egan moved, Gustafson secos* ed, gffie. motion to approve a joint traffic study with the Coynty.;: voted in favor. >rcjr;dii7the Park Center Addition. All CONDITIONAL USE PERMIT/FLOOR BIN/OM-SALE LIQUOR, WINE OR 3.2 BEER Community Development Director Dale Runkle provided information to the Council regarding the application and stated the APC recommended approval of tte:::alsltter. Lynn Reimer (owner) presi Council. Councilmember Egan qi. the type ' of the restaurant. V as a full service restaurant.1 questions regarding the bar. -:;4'j the seating capacity. Counc3ln owner as a restaurant manager. Ike -theme and the decor to the iii -!f there would be a change in 1r-':- ZAted there would be a change Prosed. Councilmember McCrea had �e owner stated it would be 128 of Gustafson highly recommended the Gustafson moved, McCrea seconded, the motion to approve a conditional use permit to allow on -sale liquor, wine or 3.2 beer in a neighborhood business dist�t:>pj�p'x#gin, Inc, restaurant, subject to the following I. An approval of the liquoe"Jicen:" investigation. 2. All applicable code ordin�iices..':%' All voted in favor. Egan moved, Gustafson seconded, the motion to approve a liquor license for Flour Bin, Inc. restaurants-;n0:ubject to the following conditions: 1. An approval of the :gtft#ifE` investigation. 2. All applicable code ordinances. -.-:.-.-.- All voted in favor. Page 12/EAGAN CITY COUNCIL MINUTES December 20, 1988 EPISCOPAL CE1URCJR-:-�pDD1TI0N Community Development 7- ' Runkle introduced the site plan to the Council. Pastor l ormed the Council he was available for questions. Wachter moved, Gustafson seconded, the motion to approve the Comprehensive Guide Plan amendment froiA p -III to Public Facilities 0 for the Episcopal Church AdJ:tJ: A.XA., ..:*,.'oted in favor. Egan moved, Gustafson secoifftd, t"; motion to approve a rezoning from R-4 to Public Facilities fq;..,the.& *scopdl Church Addition. All voted in favor. Egan moved, Wachter si . �i� -motion to approve a preliminary plat entitled Episcopal Church Additions subject to the following conditions: I. The standard conditions of plat approval as adopted by Council action on Septembe:r:.:.15, 1987, shall be complied with: A-1. B -lo B-2, B-31 C-1, C -2y d* -**';j"*" " Dtl.+ E -Il F-1 and G-1. 2. The parking stalls shall"%i��-**_1661fi' ... __.4�eet wide. 3. The detailed landsca screening the parking areajk...-: apartments to the north. .:;V -ill place emphasis on Public streets and the 4. The City shall inspect the single family home to insure all building codes are being satisfied. iia . . .. . ...w al S. The access onto Lex*j;Rg.t"-:-;A??-0fta8--- ill be finalized with I n concerned parties. The pro. a width of 30 feet. ii.AUtrance to be constructed to 6. All signage shall conforri�Ao Co& requirements. 7. The proposed development is* sub'. ct to additional requirements pertaining to grading, drainage and fire hydrant coverage with the final Plat phase of development. B. The finished floor at least 984 feet. All voted in favor. Councilmember McCrea considered. elevation f 0�-""`he worship noted that qualAty control center shall be should be Page 13/EAGAN CITY COUNCIL MINUTES December 20, 1988 BUR :09 HILLS 210ADDITIOR 60 -DAY RXftftJQf;. TO:.:A*bjtD FINAL PLAT Gustafson moved, McCrea the motion to approve the 60 -day extension for the final Plat filing date of December 18, 1988, to February 18, 1989 for Bur Oak Hills 2nd Addition. All voted in favor. ..................... AMENDMENT To... ...:iiZAGAN CITY CODE MASSEUA/&§9EUS9-,:-, ICRN E The Council discussed the 61"Oessig to modify Chapter 6. Wachter moved, Gu ...... st '-'the Motion to continue the request by Molly Belokopitliiky for aient Of City Coder Section 6.40, Subd. 4(d), regarding the elimination of the wording that women can only massage women and men massage men to the February 7, 1989 City Council meeting. All voted in favor. AMENDMENT TO CM Wachter moved, Gustafson amendment to Chapter 13 of th permits which would restrict. final plat approval was apaz,." .13 OF THE RAGAN CITY CODE PM- PERMITS conaeU..t.....-the motion to approve an a Code regarding model home of the permits until after the '.'.'All voted in f avor. AMENDMENT TO. CHAPTER 2 OF EAGAN CITY CODE SALARIES OF MAYOR AND CITY COUNCILMENBERS Councilmember Wachter stated -the salaries did not fully compensate the members . tU;*":'-ft'.uncilmember Egan stated he felt the action should not tie>t8�te�t:ais3' the fall. McCrea moved, Gustafson seco" .Wed. the motion to approve a City Code revision to Section 2.11 cha'ing .0P Mayor's salary to $600.00 per month and each City Councilm er1s-'-,.'*igAlary to $450.00 per month. All voted in favor. 1989 SALARY ADJUSTMENT FOR CITY EMPLOYEES City Administrator Tom Hedges infotAbd the Council that each calendar year the City Council gives co) cost -of -living adjustment to W-Ideration to a non-union personnel. health care. coverage. Councilmember McCrea uld keep watch on the Mayor Ellison the:;:;titalth care costs was increasing rapidly. Page 14/EAGAN CITY COUNCIL MINUTES December 20, 1988 Wachter moved, Egan seconded, the -notion to approve a wage increase of 3.758 for non-eVnion personagl. All voted in favor. Gustafson moved, Wach{:::OGatiet9; the motion to approve the payment for the total amount::—,5 hefalth insurance coverage and the lowest family plan amount for those employees choosing family coverage. All voted in favor. Egan moved, Gustafson.se,Conded,the motion to approve the adjustment of other benefit rime, as necessitated by Section 89. All voted in favor. DNR DEER FOPULATXON SURVEY COST.:i TICTikAiION There was discussion t'eijardirig :Haring the survey costs. Gustafson moved, Egan seconded, the motion to approve costs participation with the Department of Natural Resources to evaluate deer population in the City at 50% of the actual cost not to exceed $400.00. All voted in favor ADiit 7iS -XVE. AGENDA The Councilmembers were reformed;?#+.: an increase in rates for basic cable through the North<Cetf83:Uble Company. Egan moved, Wachter si�dbh%dled, the motion to ratify the list of Reaction Committee members:'%ieviewing the Community Center project. All voted in favor. Public Works Director Tom Colbert informed the Council that a joint Council/APC/Park Commissign.in•� was necessary to review the water quality management putt::SS?s:;A::tentative date for the meeting was set for February'i4`,,IJ$�;""' There was discussion regarding a retreat in late January or early February. The City Administrator informed the Council the employees thanked the Council for the new copy machine. There was discussion regarding off,,ge remodeling and the City Administrator was given direction to prikeed with modular office equipment for use by the Parks and Recit' ion Department. Egan moved, Gustafson.. to schedule a special City Council meeting to review commisstcaA appointments for January 10, 1989. I Page 15/EAGAN CITY COUNCIL MINUTES December 20, 1988 City Attorney Jim Shd.l*don informed"the Council an executive session would be held foll''444ng the Cgo.abil meeting to review pending lawsuits. Wachter moved, Egan seconded, the motion to approve the check list dated December 20, 1988, in the amount of $1,016,525.20. All voted in favor. AaT.QItNllS�1Y!: The meeting was adjourned :`bF EAGAN December 5, 1988 Dear Tom, .2�-Y-L fog t (4 I have applied to the governoi'•:"fo Council for District 15. District past this seat has been held by M ment. Our city is not only the faste'gfoM the largest and fastest growing secti had a representative on this council. to the Metropolitan the city of Eagan. In the o is not seeking re -appoint - in the metro area but also s district. Eagan has never I believe that we need to have a region approach to such issues as waste management, airports, transportation, corporate growth, land environmental concerns. I would very much appreciate happy to discuss any concerns most hours of the day. Thanks for your consideration Sincerely, Margaret Daniel Schreiner 1795 Monterey Lane Eagan, MN 55122 solid use and this endeavor. I would be can be reached at 454-1744 52. 'Nonconforming Use, - Use of land, building or structures which does not comply with all the regulations of the City Code governing the zoning district in which such use is located, adopted subsequent to the Initiation of said use. eubd. 16. ; Limited Indliltrial District. A. Perlq:Atted Usee..:.:..M:ithin any "I-1" Dis- trict, no structure ot`: -1;'Rnd shall. h ::%ved except for one or more of the folio wing'igs::q,�„uf�RS:;:teemed similar by the Council s :: 1. Conducting a process, fabrication, storage or manufacturing light materials or wholesaling operation or providing a service including any of the fol- lowing or similar uses meeting the performance standards applicable to the "I-}'•.;Dt��r;Spkp;;;•:;:;;;:; 2. ”"Ati2oriippfi:t:i �3nting, .upholstering, tire recapping, and major r4MIr whin conducted completely in an enclosed building. 3. Ice,.: iiOld ski�.6ge plants, bottling works. 5. 6hine•41'd'welding shops. 6. Paper products. 7. Tennis club, skating, theater, bowling alley or similar Indoor commercial recreation. B. Radio and television. 9. Restaurants - Class I only. 10;::::-:-Research laboratories. school. 12. "'':'M7#e�iL►11a.111g and wholesaling and related sales or showrooms. 13. SEtltage sbuilding materials provided they are suiteblp:;eciepfiRlj;;`%' 14. ,Afigt:Xi4$'b'r convention hall. hospital or-clinic (with no outside kennels). 4. Loading docks, truck parking, or open storage shall not be permitted on the side of an "I-1" District abutting an Agricultural, Residential or public Facilities District. SECTIZy 6.03. -- CENER/1L RECUTATION3 subdivision 1. -- NON-CONFORHIl:O:•••••' ^. Ath :'Sawful use of any structure or land existing at the time of adopelon of this ordinance or any amendments thereof which does not conform to the permitted uses in the district -in which such land or ■tructure,•l0 located may continue provided thatt I.. No substontla ;:t.(tpi fid: 39;ipdi(t::}it;;7pny such non -conforming land or structure. ••••..- �•••• S. Im addition which amounts to moRip:than 5% of the value of any such non -conforming structure :is mode. .•. •. C. No non -conforming structure•.la.moved or substantially destroyed. SUBJECTS Proposed Rezoning Park Center Addition Federal Land Company Dear Mr, 'Hedges: The Bieter Company opposes the applic4t1i7S['6f Federal Land Company for commercial zoning for its property north of C1iY:gad and west of Cliff Lake Drive. Commercial zoning for the pY60367FE9' would be inconsistent with the city's Comprehensive. Guide Plan. It wouid also ignore the substantial public opposition there has been to further commercial development in the'area, Commercial zoning for the site would increase traffic, add to the overburdening of roads in the area and degrade the quality of the nearly residential neighborhood, park, and school. It would be unfair and discriminatorylo' tial despite an inconsistent guide plan di -1, Bieter Company's application for commerci4-::zor such an inconsistency. Although the Bietdt:::app neighborhood opposition and adverse effects on of the magnitude presented by this application; reasons for denial of the Bieter application. RGC/gsr eaohe this property to commer, i¢tEwhen the city denied the n&Aargely on the basis of iC.gtion did not present serious rWic and neighborhood quality those factors were cited as Very truly your$, BIETER COMPAI&:*:-:- Ronald G. CO[.R 11 (� Partner ADNINISTRATIVE'AGENDA REGULAR NEETING PAGAN CITY COUNCIL EAGAN, MMRNESOTA JANUARY 3,, 1989 item i. Consider New Consulting Planning Rates Item 2. Brittany 9th Assessment Agreement 25� MEMO TO: HONORABLE MAYOR & CITY FROM: CITY ADMINISTRATOR HEDGES DATE: December 30, 1988 SUBJECT: ADMINISTRATIVE AGENDA Due to the New Year's Holiday recognized on Monday, January 2, there will be no additional information distributed to the City Council regarding Tuesday's meeting. Since the agenda was officially prepared, three (3) additional items have been forwarded to this office that could be acted upon at Tuesday's meeting. Those items are as follows: Item 1. Consider New Consulting Planning Rates --The new schedule for planning services are in order for consideration. A copy of the schedule of rates is enclosed on pages� through ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1989 Schedule of Rates for the City's planning consultant, Urban Planning and Design. Special Note: The City Administrator and Director of Community Development will provide a comparison of rates that are in effect for 1988. Item 2. Brittany 9th Assessment Agreement --At the October 6, 1988, City Council meeting the respreading of assessments for seven (7) properties in the Brittany 9th Addition was approved. Apparently, Minnesota Title was involved with these properties and is assuming the principal obligation to the City of Eagan and any reimbursement to property owners for assessments they have paid a second time. Minnesota Title is requesting that the interest for the past year be waived by the City Council with the understanding that the lump sum payment of the total outstanding principal be made to the City. Enclosed on pages through is a copy of a memo and attachments coordinated by the Fiance Director for Council review. The City Administrator and Director of Finance are recommending that the City waive the interest for 1989 with the understanding that a lump sum payment of the total outstanding principal balance be made by Minnesota Title. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the waiving of interest for special assessments to seven (7) properties in Brittany 9th Addition with the understanding that a lump sum payment for the total outstanding principal balance will be made by Minnesota Title. 0 r MEMO TO: TOM SEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR DATE: DECEMBER 29, 1988 RE: SCHEDULE FOR PLANNING SERVICES The Community Development Department has checked with other communities as to services performed by Urban Planning 6 Design. The rates that have been in effect for 1988 in other communities are the rates proposed for January 1, 1989. This department has reviewed these rates and feels they are appropriate for services rendered and it is our recommendation that these fees be adopted for 1989. If you have any questions or would like additional information, please advise. vic. DR/js 76 URBAN PLANNING AND DESIGN. INC. RATE SCHEDULE Effective January 1, 1989 STAFF Principal Planner Landscape Architect (Registered State of Minnesota) Draftsman Secretary Research Assistant Mileage (per mile) Materials RATE PER HOUR 60.00 40.00 25.00 15.50 20.00 .24 Cost 5 �a 3. MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: DECEMBER 28, 1988 SUBJECT: BRITTANY 9TH At the October 6, 1988, City Council meeting the respreading of assessments for seven (7) properties in Brittany 9th Addition was approved. In an effort to provide some assistance to the property owners who in effect were being forced to pay the same assessments twice, a new collection period of 20 years was authorized. I am not familiar with all the details, however, in early December, Minnesota Title agreed to stand for this loss and pay or reimburse the property owners for the assessments. Jack Zachow, Associate Counsel for Minnesota Title, called the City with a request that the interest charges for the 1989 levy be waived. At that time, I told him that the City Council in previous deliberations had specifically noted that interest to the property owners would not be waived or reduced. I indicated that if he would send a letter outlining his request, we would go back to the City Council for a review. That letter has now arrived and is attached. It is my recommendation that the City agree to waive the interest for 1989 with the understanding that a lump sum payment of the total outstanding principal balance be made by Minnesota Title. I believe this would be preferable to having these assessments run for the 20 year period and would bring a quicker ending to this unfortunate mess. I have also attached copies of correspondence from Minnesota Title which were provided by Jim Bratulich. Please let me know if you would like any additional information or if you would like to discuss this situation. Finance irector/City Clerk EJV/kf MINNESOTA TITLE / T. December 27, 1988 W. Gene Van Overbeck City of Eagan Government Center 3830 Pilot Knob Road Eagan, MN 56122 Title Insurance Company of Minnesota 400 Second Avenue South Minneapolis, Minnesota 55401 612/311 1111 1/800/328 4441 RE: Special Assessment Agreements Between the City of Eagan and James M. Bratulich and Nancy J. Bratulich, st al (In Regard to Valley Closings) Dear W. Van Overbeck: As you may recall from our telephone conversation of a couple of weeks ago, Minnesota Title has agreed to pay the special assessments which resulted in the Special Assessment Agreements entered into by the above owner and others pertaining to Public Improvement Project 45R, which are unpaid. It was alleged by the Bratulichs and others that Valley Closings and Valerie A. Connor failed to pay the special assessments as they became due. I am attempting to determine the most feasible way of paying the assessments and one of the alternatives is to merely pay the sane as they bearer due pursuant to the Agreements entered into between the owners and the City. You agreed to give some consideration to my request that the City agree to forego the interest portion of the assessments payable in 1989 if Minnesota Title were to make a lump sum immediate payment of all unpaid assessments on or about the first of the year 1989. Had this Company had the opportunity prior to October 15, 1988 to pay the assessments in full, it is my under- standing that the interest payments would not have been assessed, thus saving the homeowners (and thereby Minnesota Title) approximately $7,500 in interest. Please give consideration to my request that the interest be forgiven and abated, provided this Company pays the entirety of the special assessments in full on or about January, 1989. You indicated you would broach the issue with the City Council and get back to me with a decision of the Council. I am more than willing to appear before the Council to verbally make this request and I appreciate any consideration your office and the City Cotalcil can offer in resolving this unfortunate,,difficult situation. Your coopera- tion and assistance are sincerely appreciated. Please do not hesitate to contact me by telephone or by letter at the above address and number. I look forward to hearing from you. Yours truly, Jack Zachow Associate Counsel 73 MINNESOTA TITLE1. December 7, 1988 W. James M. Bratulich Attorney at Law 3500 West 80th Street Suite 585 Bloomington, MN 55431-1068 Tale Insurance Company of Minnesota 400 SecontrAvenue guth Minneapolis, Minnesota 55401 RE: James M. Bratulich and Nancy J. Bratulich, et al vs. Valley Closings, et al. Dear Mr. Bratulich: 612/371 1111 1/800/328 4441 As I advised over the telephone on December 6, 1988, Minnesota Title has agreed to pay, or reimburse for, as appropriate, the outstanding assessments in regard to the above proceedings. You suggested I confirm the same with you in writing and that you would contact your individual clients (our insureds) individually. After you have provided me with copies of the assessment agreements entered into between the owners and the City of Eagan, we should have no difficulty in determining the amounts payable to resolve the issue of the assessments. As I see it, those amounts represent lump sun payments for years 1990 and beyond, payment of those amotmts spread into the 1989 real estate taxes, and, in the case of Mr, and Mrs. Russell, payment of unpaid assessments payable in 1988. It is also possible that Devitch and McGee paid down their assessments somewhat and would be seeking reimbursements therefor. Please provide me with the appropriate figures so that I may verify the same against the agreements and the information obtainable through the court house and city records. Payment by Minnesota Title of all these claims to everyone's satisfaction will obviously entitle Minnesota to subrogation rights against the defendants and we expect your and your clients' cooperation during the course of the ongoing litigation. This Company admits no liability in regard to the alleged claims of policy liability by you and your clients and I sincerely hope that all of you are pleased with this resolution and will be cooperative and supportive of the ongoing litigation. Please do not hesitatd to contact me at any time should you need anything or hear of any developments which you think may be of interest to us at 7/ v Mr. James M. Bratulich Page Two December 7, 1988 Minnesota Title. I expect that a substitution of attorneys will be appropriate when this matter is concluded and that you will cooperate in that regard also. I look forward to receiving the materials from you as set forth above. Yours truly, Jack Zachow Associate Counsel Assistant Vice President JZ:rjf 74�j) MINNESOTA TITLEk 1. December 7, 1988 The Honorable Michael A. Hatch Commissioner of Commerce Department of Camterce 500 Metro Square Building St. Paul, MN 55101 Title Insurance Company of Minnesota 400 Sacond Avenue South Minneapolis. Minne`sop 55401 RE: James M. Bratulich and Nancy J. Bratulich, et al vs. Valley Closings, et al. Dear Mr. Hatch: 612/371 1111 1/800/328 4441 This will confirm our telephone conversation of Monday, December 5, 1988 wherein I advised you that the possible claims against Minnesota Title under owners' and lenders' policies in the above action in Dakota County have been settled. The outstanding assessments will be paid in full by Minnesota Title forthwith and there is therefore no necessity to meet once again on December 21, 1988. For your information, the civil litigation in Dakota County is continuing against the defendants and there will shortly be filed a substitution of attorney in the matter, enabling Minnesota Title to enforce its subrogation rights. It is very important to us to keep apprised of any criminal proceedings against Ms. Connor and I seek your office's support in ensuring the state agencies charging the same keep us advised of developments as they occur. I trust that the settlement concludes this matter insofar.as any possible claims under title policies are concerned. Thank you for your cooperation and assistance. Yours very truly, Jack Zachow Associate Counsel Assistant Vice President cc: James M. Bratulich Richard Cecchettini Harold Pilskaln Rande Yeager William Faust •THE MORNING AFTER' January 3, 1989 "The Morning After" is an extremely brief report of the action that was taken by the Eagan City Council at a regular meeting held on January 3, 1989. There are no details reported in this account; however, the action taken by the City Council on each of the agenda items and each of the other business items is reflected. DEPARTMENT HEAD BUSINESS A. FIRE DEPARTMENT yt 1. Unit 15 and the engine from Unit 8 were declared surplus property and direction given to dispose of them at a local salvage yard. B. PUBLIC WORKS DEPARTMENT G 2. The petition was received for the installation of a 4 -way stop sign on Kettle Creek Road and Danbury Trail and it was decided to deny the petition. �G 3. Action was taken to approve stop signs on Kettle Creek Road only. 4. A one year extension to the Metropolitan Waste Control Commission Joint Use Rental Agreement #351, for the year 1989, which allows for the leasing of approximately 600 feet of sewer line near the City's old treatment plant facility, was approved. CONSENT AGENDA 5. The appointment of Scott Heath as a Police Officer was approved, effective January 23, 1989. 6. The hiring of David Stubstad as a Community Service Officer effective January 9, 1989 and of Mark Ryan as a Community Service Officer, effective January 23, 1989, was approved. C It 7. The plumbers licenses were approved as presented. 8. The final specifications were approved for acquisition and installation of a 150KW diesel generator for the Eagan Municipal Center and a bid opening has been set for January , 1989. 9. The third and final payment of Contract 87-34, Sperry Reservoir - ..1� repainting, to Rainbow Incorporated, was approved. 10. Change Order #4 to Contract 88-01, Fire Station #5 in the amount of an additional $1,062, was approved. 11. The second and final payment for Contract 87-37, Park Cliff 2nd Addition- storm sewer, to Albrecht Incorporated, was approved. 12. The final payment for Contract 87-1, park improvements, in the amount of $6,305.55 to Central Landscape Inc., was approved. 13. Change Order #2 to Contract 88-16, Lexington Square - storm sewer, in the e4 amount of $5,924, was approved. 14. Change Order #1 to Contract 88-29, Well #13, requesting an extension of the completion date from February 15, 1989 to March 8, 1989, was approved. C 15. Contract 84-V, Crossroads of Eagan - streets and utilities, was approved for final acceptance. 16. Contract 85 -AA, Blackhawk Clen lst Addition - streets and utilities, was approved for final acceptance. SCJ 17. The second and final payment for Contract 87-14, Country Hollow - sanitary �— lift station, to Smith and Loveless Incorporated, was approved. 18. The bids for Contract 88-33, Well #13 - pumphouse and facilities, were received at 10:30 a.m. on Thursday, December 29th and the bid awarded to the low bidder. 19. Action was taken to reschedule the joint City Council/Water Quality Management meeting for February 16 at 7:00 p.m. �20. Action was taken to authorize the purchase of eleven vehicles through the Hennepin County Purchasing Program. PUBLIC HEARINGS 21. The public hearing was closed and approval given for the vacation of the common lot line drainage and utility easements as described within the Blue Ridge Addition. 22. The development agreement with the Metropolitan Waste Control Commission specifying certain conditions for the Seneca Wastewater Treatment Plant expansion was approved subject to ratification by the MPCA and MET Council. 23. An ordinance amendment to designate accessory apartments in R-1 districts as conditional uses rather than permitted accessory uses was approved. Lja- 0 24. An amendment to the electrical code that would require state licensed electrical contractors to work in new structures and only state licensed electrical contractors or resident owners of the property where work is to be done in existing structures was approved. `� 25. .fes 26. Szsf?� 27. 28. An accessory housing permit as applied for by Larry Levenson at Lot 7, Block 10, Cedar Grove 7th Addition, was continued until the February 7, 1989 City Council meeting. ADM MSTRATIVE AGENDA The 1989 schedule of rates for the City's planning consultant, Urban Planning and Design, was approved. The waiving of interest for special assessments to seven properties in Brittany 9th Addition was approved. All bills were approved and ordered paid.