Loading...
10/30/1998 - City Council RegularMEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 30, 1998 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 2, 1998 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the November 2, 1998 City Council agenda, the minutes of the October 20, 1998 regular City Council meeting and the minutes of the October 29, 1998 and the October 13, 1998 special City Council meetings, the following items are in order for consideration. Agenda Information Memo November 2, 1998 Eagan City Council Meeting IV. RECOGNITIONS & PRESENTATIONS A. RECOGNITION OF POLICE OFFICER RODGER SLATER FOR 30 YEARS OF SERVICE ACTION TO BE CONSIDERED: To recognize Police Officer Rodger Slater for 30 years of service. FACTS: • At the recent Employee Recognition Picnic, Officer Slater was recognized for his 30 years of service as an Eagan Police Officer. • Officer Slater began his career in 1968 when Eagan was a township and the population was approximately 7,500. He has played an important role as a police officer during the enormous growth of the City in the past 30 years. • During his career, Officer Slater has received over 70 letters of appreciation and recognition from the community and the Police Department. His interest in emergency medical response evidence collection and fingerprinting makes him an invaluable member of the department. • Officer Slater is the first employee to have worked for the City for this length of time. 0 Agenda Information Memo November 2, 1998 Eagan City Council Meeting DEPARTMENT HEAD BUSINESS A. CONVENTION & VISITORS BUREAU 1998-99 MARKETING PLAN AND BUDGET ACTION TO BE CONSIDERED: To approve the 1998-99 Marketing Plan and Budget for the Eagan Convention & Visitors Bureau. FACTS: The by-laws of the Eagan Convention & Visitors Bureau require City Council approval of the operating budget. Staff has reviewed the revenue projections and feels they are reasonable. Ann Carlon, Executive Director of the CVB, will be present at Monday's Council meeting to discuss the proposed budget and marketing plan. ATTACHMENTS: • Report identifying upcoming CVB promotional activities and Eagan hotel industry statistics enclosed on pages `l through Jr . • Budget document and marketing plan enclosed without page number. WA Report to the Eagan City Council November 2, 1998 6:30pm Eagan's 25th Anniversary 1974-1999: Rooted in the Past: Branching out into the Future. Eagan is celebrating its 25h Anniversary in 1999, and the Eagan Convention & Visitors Bureau is organizing a year-long celebration. Following a city-wide contest to develop a logo and slogan, the winner was Bryan Roberts, 17, a student at Eagan High School. The Silver Anniversary Community Committee selected Roberts' design from more than 30 submitted entries. Coca-Cola is one of our major sponsors and they provided the prizes for the top 5 entries which were awarded at Lone Oak Days at the Holz Farm. Watch for more details as the anniversary year approaches and we invite you to become involved in: The Eagan CVB Winter Promotion is: Strike Gold with Eagan's Silver Anniversary Sweepstakes Between November 1998 -May 1999, seven lucky winners will receive a $1,000 Shopping Spree at the !Mall of America. To qualify for entries, ask for the Silver Anniversary Room Special at one of Eagan's seven participating hotels. In honor of the city's 25th Anniversary, guests receive 25% off room rates on Friday, Saturday and Sunday night stays plus a $25 value from our attractions partners: FREE Knott's Camp Snoopy Ride Pass FREE Mall of America Coupon Book FREE Minnesota Zoo Youth Pass FREE ECVB Shopping Bag Advance reservations are required and the participating hotels include: Best Western Yankee Square Inn, Hampton Inn, Holiday Inn Select, Holiday Inn Express, Fairfield Suites (a.k.a. TownePlace Suites) Hilton Garden In -Eagan and Residence Inn by Marriott This is an exciting promotion which is being marketed in Canada, the C Sand Travel Agents around the world. Advertising is in magazines, newspapers and direct mail campaigns. The Northwest Airlines strike posed a downturn in occupancies for Eagan Hotels – some dropped by as much as 10-20 points, As soon as the strike was over, some hotels reported sell-outs the next day. Eagan's hospitality industry is affected by economic forces outside of our control, but if Eagan can maintain a strong corporate structure, our hospitality industry will prosper. The Eagan CVB is at the forefront of the Minnesota Tourism Promotion Coalition which is leading a state-wide effort to support a $7 million funding increase for the Minnesota Office of Tourism. To date, we have received over 300 resolutions representing over 45,000 people in the hospitality industry throughout Minnesota Eazan, Minnesota Hotel Industry Statistics 1993 4 Hotels in Eagan — Holiday Inn Select, Budget Host Inn, Yankee Square Inn and Residence Inn by Marriott TOTAL ROOMS: 432 1994 May — Holiday Inn Express adds 70 rooms December - Hampton Inn adds 122 rooms TOTAL ROOMS 624 1995 1996 April — Holiday Inn Express adds 50 suites TOTAL ROOMS: 674 1997 March — Fairfield Suites by Marriott adds 105 rooms October — Extended Stay America adds 104 rooms TOTAL ROOMS. 883 1998 January — Homestead Village adds 130 rooms June — Hilton Garden Inn to add 100 rooms Nov — Sleep Inn to add 104 rooms TOTAL ROOMS: 1,217 1999 January - Microtel Inn & Suites add 80 Summer - Comfort Suites add 104 rooms Staybridge Suites add 80 rooms TownePlace Suites add 95 rooms TOTAL ROOMS 1,576 AVERAGE OCCUPANCY 1994 82% (192 rooms added) 1995 78% 1996 78% (50 rooms added) 1997 791/o (209 rooms added) 1998 to date 790/6 (230 rooms added) TOURISM INCOME (estimated) $53.4 mil (est) $63.4 rnil (est) $64.9 mil (est) $71.4 mil (est) TYPES OF HOTEL ROOMS AVAILABLE IN EAGAN TO DATE: Full Service Rooms 287 Limited Service Rooms 367 Extended Stay Rooms 234 All Suites 225 The population of the City of Eagan has grown from: 10,398 in 1970 to 47,400 in 1990 to over 60,000 in 1998 Area Hotels: Bloomington 34 — 7,500 rooms St. Paul -3,000 Minneapolis -5,400 North Metro -2,250 Burnsville 950 Shakopee -650 Lakeville -369 ON Agenda Information Memo November 2, 1998 Eagan City Council Meeting B. EAGAN'S 25T" ANNIN'FRSARI' (1974-1999) CVB CELEBRATION ACTION TO BE CONSIDERED: Informational only. Ann Carlon, Executive Director of the Convention & Visitors Bureau, will be present to comment and answer questions. FACTS: • Eagan is celebrating 25 years as a city in 1999 and the Eagan Convention & Visitors Bureau is organizing a year-long celebration. • The CVB is requesting a coordinated effort between the City and the CVB to ensure a successful citywide celebration. • A number of activities have already been planned by the CVB which include a Silver Anniversary Kickoff prior to the January 5 City Council meeting, button sales which will entitle bearers to discounts/prize drawings throughout 1999, tubing at Trapp Farm Park on February 21 and an Eagan Go Bragh Parade celebrating Eagan's Irish heritage. A detailed description of each event is included in the attached letter sent to the City Administrator. The committee anticipates additional opportunities to celebrate Eagan's 25' Year during 1999. • Superintendent of Recreation Dorothy Peterson, Communications Coordinator Joanna Foote and Donna Tilsner, the new Program & Events Supervisor, are being asked to attend the committee meetings on behalf of the City. Iv to rTy 1 Iu• 1 *a Ik*l • Letter to City Administrator Hedges enclosed on page 2 :J Tom Hedges, City Administrator NDINT_1;01� City of Eagan Co%ly.N 10vSvb1T0R BIRW' 3830 Pilot Knob Road Eagan, MN 55122 mm.rjg:mm^ k,an October 22, 1998 Dear Tom, The Eagan 25h Anniversary Committee, chaired by Raleigh Seelig, has determined a schedule for first quarter events in 1999. Because this is a citywide celebration, it will take our coordinated effort to be successful. Here is what the committee has chosen to do and what we need from you and your staff before we can proceed: • Silver Anniversan Kickoff- cake and coffee reception at Eagan Municipal Center two hours prior to Jan. 5 Council meeting. This would be a public "meet and greet' your new and current council. It could also be an opportunity to acknowledge the contributions of retiring members Ted Wachter and Tom Egan. From you we need: confirmation that we can use the community room/kitchen on the upper level from 3:30-7 p.m. (includes setup/cleanup); a reasonable expectation that council members will be available to attend (is there a special meeting prior to the 6:30 p.m. regular meeting''); joint promotion through publicationslliterature; access to kitchen equipment. • Button sales - we would like to have a purchasing outlet somewhere at city hall. Buttons will be sold for Sl so minimal staff time will be necessary to conduct each transaction. Buttons entitle bearers to discounts/prize drawings throughout 1999. • Tubing at Trapp Farm Park from noon until 4 p.m. Sunday, Feb. 21 (weather permitting). Slide on down the Silver Slopes! Need to coordinate scheduling/promotion with Park & Recreation Department. • Eagan Go Bragh Parade - Celebrate Fagan's Irish heritage with a parade of pets and people on Civic Center Drive and along Pilot Knob and Wescott. Outside entertainment on city campus grounds (Irish dancera')and) May need parade permit, policing, parking availability. Details pending. As you can see, there will be man opportunities to celebrate the city's anniversary and this is just the beginning. I would be happy to meet with you if necessary to more fully develop these plans. The committee meets once each month. You or a representative is welcome to attend our planning meetings at any time. Our next meeting is set for Nov. 18 from 3:30 to 5 p.m. at the CVB Office, 1474 Yankee Doodle Road. 1 look forward to hearing from you regarding our requests and working with you to celebrate "Eagan - rooted in the past, branching out into the future." Sincerely. Sue Hegarty, publ rel io director Eagan Convention & Vi ' rs Bureau Copy to: Mayor Tom Egan. Joanna Foot, Ken Vraa 1+-1 Sankrr Doodlr Ruad • Fagan. Ninnexna i5121.1d0�Fhone 6it-152-1188 • Fav bit -152-89'6 . 1. WEiG.iy-Jig Mile V. 3' Agenda Information Memo November 2, 1998 Eagan City Council Meeting Cai�7.�3�i►YI Cel310 on The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Part-time Seasonal Supervisor/Civic Arena— ACTIO` TO BE CONSIDERED: To approve the hiring of Kris Kraft as a part-time seasonal supervisor at the civic arena. Item 2. Part-time Seasonal Concession Workers/Civic Arena ACTION TO BE CONSIDERED: To approve the hiring of Jessie Luoma and Kristin Rogers as part-time seasonal concession workers at the civic arena. Item 3. Clerical Technician 11— ACTION TO BE CONSIDERED: To approve the establishment of and advertising for a Clerical Technician II for the Parks & Recreation Department, civic arena and new aquatic facility. FACTS: • With the second sheet of ice now open in the civic arena and the aquatic facility project proceeding toward an opening of June, 1999, it is the recommendation of the City Administrator and Director of Parks & Recreation that a new regular position of Clerical Technician II be established. ■ The position would work for general park and recreation programs 2/5' time, for civic arena programs 1/5' time and for the aquatic facility 2/5" time. • It is necessary to advertise now due to the opening of the second sheet of ice and the additional clerical time necessitated by planning for and preparing for the opening of the aquatic facility. ■ This position is unfunded in the 1998 budget; however, it would be funded from Enterprise Fund dollars and would be offset through the reduction of temporary/seasonal clerical workers in the Parks & Recreation Department. • This position is funded in the 1999 budget. Agenda Information Memo November 2, 1998 Eagan City Council Meeting Item 4. Health Insurance/1999— ACTION TO BE CONSIDERED: To approve remaining with the shared coverage of HealthPartners and Medica under the current plan design for health insurance for City employees for 1999. FACTS: • The City of Eagan is required to request proposals for health insurance coverage every five years. 1998 was the year we needed to do RFP's for health insurance coverage. • The RFP's were developed by a committee consisting of representatives from all City departments and bargaining units with the aid of the City's insurance agent. ■ Proposals were received from Blue Cross Blue Shield Minnesota (Southwest/West Central Service Coop), HealthPartners, the League of Minnesota Cities, LOGIS (Medica), Medica itself, and the Public Employees Insurance Plan. The above proposals were all for total carrier replacement, i.e. one carrier has the whole City. Proposals were also received from HealthPartners and Medica for shared coverage of the City, such as we have now. • After reviewing the plans' designs and premium costs, it was the unanimous recommendation of the members of the committee that the City remain with the shared coverage of HealthPartners and Medica under the current plan design. The reasons for this recommendation are: 1) Employees would be able to remain with their current physicians; 2) Although total care replacement premiums were slightly lower, not all the plan designs equaled what we currently have. Also, a trend among insurance companies has been to bid low to get the entire group and then give a very large premium increase for the second year; 3) The premium rates for the shared coverages were very realistic given our experience, were consistent with the actual market and should mean a more realistic premium increase for the year 2000. • Committee members presented these recommendations to their employee groups and the employee groups agreed. • The new insurance rates represent a 10.5% increase over 1998 rates. • A comparison to other increases in other organizations reveal that rate increases are averaging somewhere between 10% and 20%. Under the current blended rate formula, the premiums for family coverage would increase by a total of 544.60 per month. Splitting the difference between the employee and the City, the employee's share and the City's share would each increase by $22.30 per month. Agenda Information Memo November 2, 1998 Eagan City Council Meeting B. `j 1 *Z1 8 NAME CHANGIF OCR RVAI ACTION TO BE •1 17;71 r To approve a street name change of the east/west segment of "Eagan Woods Boulevard" (located west of Pilot Knob Road and east of Lost Spur Country Club) to "Buffet Way" subject to the applicant being responsible for all costs associated with the name change (i.e. sign replacement etc.). FACTS: r The Final Planned Development and Final Subdivision of Eagan Woods Office Park 2nd Addition were approved by Council action on September 14, 1998. 1- The requested street name change is a result of the recent reconfiguration of Eagan Woods Boulevard (through recent Final Subdivision) and desire of the applicant to establish a relationship between the OBC Corporate Headquarters site and the street from which access to it is to be provided. i No street addresses currently exist along Eagan Woods Boulevard. ATTACHMENTS: (3) ➢ Area Map, page L Previous Eagan Woods Drive street configuration, page L.2 D Existing Eagan Woods Drive street configuration, page L3 F 0 AT004*1 I I Is] 0 0 k1l �14op BOARMAN KROOS PFISTER VOGEL & ASSOCIATES A R C H I T E C T U R E I N T E R,1 O R D E S I G N E N G I N E E R I N G 221 North Second Street Minn es 6 e 11•. Ml ftneset6 S5101 - re. 611.3 S6 6112 Phnne n11. 316. 3731 I(I/I `III RevisionsNo Unte Project Title Sheet Title 3 OCB REALTY CO. CORPORATE HEADQUARTERS EXISTING STREET AND LAYOUT NAMES net•—MLWM 6AOAK MN. _ Cemtnlnmq Me. µ11"1 BOAR MAN KROOS f F I S T E R VOGEL & ASSOCIATES ARC Ii I T ECTURL INTF RIOR DESIGN E N G I N E E R I N G III Nor IA Se t o n Sreer Ml n n e•po I I i, M I n n e So le 55401 1 a 611 ))9 Et 11 Phone 611 ))9 17S1 IP Ite : i+Int.. 11.0, PI ,I, L 'Illlr tihl rl 11111 Nlr.S OCB REALTY CO. PROPOSED STREET NAMES CORPORATE HEADQUARTERS AND LAYOUT a'l10/10 ry _ ULAN. MN 1456A3 Agenda Information Memo November 2, 1998 Eagan City Council Meeting ACTION TO BE CONSIDERED: > To approve a change in the scope of the demolition contract for the homes on Lawrence and Linde Lanes. FACTS: > The City awarded a contract to Hoffbeck Trucking, Inc. to demolish the homes on Lawrence and Linde Lanes on September 1, 1998. During demolition, the contractor discovered two buried fuel tanks and buried batteries. The contractor notified the City when the fuel tanks and batteries were found. > State law requires removal of fuel tanks upon discovery. The City is also required to disclose any hazardous materials to Dakota County and ensure proper removal. > The City authorized the contractor to proceed with the removal of the fuel tanks and batteries. The costs associated with the fuel tank and battery removal totals $927.50 which represents about a 3% increase to the total project cost of $31,040.00. The revised contract totals S 31,967.50. > At the June 16, 1998 City Council meeting, the City agreed to utilize tax increment financing proceeds to pay for the costs of asbestos removal and demolition and removal of existing improvements associated with the homes on Lawrence and Linde Lanes to facilitate redevelopment of these properties. ATTACHMENTS: > Change Order form, pages ; S through > Invoice from Hoffbeck Trucking, page city of eagan CHANGE ORDER #: 2 DATE: November 2, 1998 PROJECT NAME: Lawrence/Linde Home Demolition PROJECT DESCRIPTION: Removal of fuel tanks and buried batteries. CONTRACTOR: Hoffbeck Trucking, Inc. P.O. Box 474 Lakeville, NIN 55044 As stated in the Technical Specifications for Demolition and Site Clearance, the City was not aware of any fuel tanks or hazardous materials on the property. If any fuel tanks or hazardous materials were found during demolition, the contractor µ'as to notify the City and a change order could be negotiated. The Scope of this demolition project is being revised by this Change Order to reflect the additional costs associated with removal of the fuel tanks and batteries on the property. JUSTIFICATION FOR'PFRPOSE OF CHANGE ORDER: State law requires removal of fuel tanks upon discovery. The City must also disclose any hazardous wastes found on-site to Dakota County and ensure proper disposal. See attached invoices. ,410 l0UN 1161 b% Original Contract: Change Order: Subtotal of Previous Change Orders: This Change Order: New Subtotal of All Change Orders: Revise Contract: 1 WWRIQ W 4 31 V September 1, 1998 October 21, 1998 Percent Increase or Decrease for this Change Order to Original Contract Amount: Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: RECONI,NIE,iDED FOR APPROVAL.: Contractor By' City DlpaAment Man I r City of Eagan Council Action: Mayor: Clerk: Date: 1 - City 1 - Contractor 1 —Community Development 1 - Fire.Marshal /t/� +3% +3% Date. Date (0.4;9 .9% 531,040.00 S 927.50 $ 0.00 $ 927.50 S 927.50 $31,967.50 ioffbeck Trucking, Inc. :�.0. BOR 474 -akeville, MN 55044 Office: 612-469-2367 Fax 612-469-3171 Bill To City of Eagan Attn: Julie Farnham 3830 Pilot Knob Road Eagan, MN 55122 Invoice Invoice Number 3189 Invoice Date. Oct 21, 1998 Pape'. 1 Work Location Customer ID Customer PO! Job Number Payment Terms i CITYEAGAN __ Due upon receipt Thank you. l Quantity7BACKHOE Work Description Unit Pnce Total CHANGE ORDER - HOUSES ON LINDE 5 LAWERANCE i 1.00Pump underground tanks 632.50 632.50 Battery Clean uP 2.00Backhoe 2 hrs 90.00 180.00 1.00 Dozer 1 hr 65.00 65.00 2.00 LABOR Hand Labor 2 hrs 25.00 50.00 Total Amount Due 927.50 NOTE: We pay sales tax on all materials purchased. This invoice includes labor charges b material cost reimbursement. Agenda Information Memo November 2, 1998 Eagan City Council Meeting D. RECOMMENDATION, Airport Relations Commission, Additional Remote Noise Monitor Locations ACTION TO BE CONSIDERED: 1.) To approve a recommendation by the Airport Relations Commission for the siting of remote noise monitoring terminals within search areas identified by the Metropolitan Airports Commission, and 2.) To reiterate the City's support for a noise monitor location in the Highview Avenue area. FACTS: • The City of Eagan has supported the installation of additional remote noise monitoring terminals since the implementation of the Metropolitan Airports Commission Automated Noise and Operations Monitoring System approximately six years ago. One of the features emphasized by the MAC for the system was its expandability. • Earlier this year, the MAC concluded a study that acknowledged the need for additional noise monitors in certain locations off parallel runways and future noise monitors in the areas that will be affected by the North/South Runway. Two of the general locations identified for current installations are southeast of the airport. One is in a search area near Yankee Doodle Road, between Pilot Knob and Lexington Avenue, and another is near the boundaries of Eagan, Inver Grove Heights, Sun Fish Lake and Mendota Heights. ■ The method used in the study consisted of an analysis of how closely current flight tracks pass existing noise monitor locations and to identify sites where flight tracks passed over the fewest terminals. • At its meeting of October 19, the Airports Relations Commission recommended that the noise monitor proposed for the Yankee DoodlCPilot Knob area be placed in Quarry Park, to be as close as possible to residential populations at the northwest site of that search area, and that the monitor in the corridor be placed generally near the middle of that search area near Argenta Trail pending MAC consultation with the other communities. • While the MAC concluded that the Highview Avenue neighborhoods were close enough to be covered by the existing noise monitor at Vilas Lane and Avalon Avenue, the City has historically supported the need for noise monitors along the edges of the corridor. The Commission has recommended in the past that a permanent noise monitor be placed in the Highview area and, if that is not possible, that a temporary monitor be placed in the neighborhood for a period of two to three months to compile data comparable with that for other monitors. The residents present at the October 19 meeting asked that the City reiterate this request. BACKGROUND: • Remote monitoring terminal search areas from MAC Noise Monitoring Study on pages /1— through 0%0 /g z Fs Agenda Information Memo November 2, 1998, 1998, Eagan City Council EF.FINAL PLAT (GOPHER EAGAN INDUSTRIAL PARK 5"' ADDITION) - INDU'STRIAL EQUITIES. LLP ACTION TO BE CONSIDERED: To approve a Final Plat (Gopher Eagan Industrial Park 5" Addition) consisting of one lot east of Hwy. 149 and south of Yankee Doodle Road in the SE'/. of Section 12 and NE '/4 of Section 13, subject to the vacation of adjacent right-of-way for Kutoff Drive and Yankee Doodle Court. FACTS: Gopher Eagan Industrial Park 5' Addition is a replat which combines several parcels and adjacent right-of-way into one lot. The site is currently vacant. The applicant has petitioned the City for vacation of the adjacent rights-of-way for Kutoff Drive and Yankee Doodle Court, which are included in the plat. ATTACHMENTS: Final Plat and Location Map, pagesZ through J3 J/ AREA TAMAAT10M Ol9CI WTm GOPHER EAGAN INDUSTRIAL PARK 5TH ADDITION Lai, 3 GCAPHER EAG N INDUSIRLAL PARK ?NI? I BLOCK 1— 1 — — — — — — — — — — — — — — — — — - 9� 999919 99r W.MrAriv MAI ir.r�•+� — Yl 91217— — — — ��~ — r — Lp'I' 7/ / LOI'\1 11 11 I I LD'I B I LD1' 2 - — 1t LDT 13I �i�------�--- 14 --I'll I L^I�C 10 — i LOT 4 OUItQ'I' B Irl +�� LOT 11------� lttiay� LDT 12 1 LOT 6- L an `y y 010-05 CLIILOI A 010-77 .EMP=• �I'I.MII 1 Y.MM. Wf. �l .-0 LR. u .•Rlf1 1YIf/W71 TRI �oEl�courts Lr. 01 ..I. dl T 6R .2!!711l SLAT .� 1v1..r .— • •� �. Y— � aYoa .vaao-ma s.Yl. •.O3ECT .0 61"6-035 SMET I Of 1 "ETS W IT 6CKS TAhAn DOODLE OT, 19s563721 04260 ci3TOTT DR" 19.32.,000 1 1346 LOTS 1-11 313%4 8729 713Es TOTAL AREA 69,5556520 6.7593 Ol9CI WTm GOPHER EAGAN INDUSTRIAL PARK 5TH ADDITION Lai, 3 GCAPHER EAG N INDUSIRLAL PARK ?NI? I BLOCK 1— 1 — — — — — — — — — — — — — — — — — - 9� 999919 99r W.MrAriv MAI ir.r�•+� — Yl 91217— — — — ��~ — r — Lp'I' 7/ / LOI'\1 11 11 I I LD'I B I LD1' 2 - — 1t LDT 13I �i�------�--- 14 --I'll I L^I�C 10 — i LOT 4 OUItQ'I' B Irl +�� LOT 11------� lttiay� LDT 12 1 LOT 6- L an `y y 010-05 CLIILOI A 010-77 .EMP=• �I'I.MII 1 Y.MM. Wf. �l .-0 LR. u .•Rlf1 1YIf/W71 TRI �oEl�courts Lr. 01 ..I. dl T 6R .2!!711l SLAT .� 1v1..r .— • •� �. Y— � aYoa .vaao-ma s.Yl. •.O3ECT .0 61"6-035 SMET I Of 1 "ETS Location . • 1.... TF1 . � `►ice � „ - q►��� Sub ect Sift dill^�►O/. Dev*loprnent/Developer. Gopher Eagan Industrial Park 5th Addition Application: Final Plat Case No.: ,.. .. . . Agenda Information Memo November 2, 1998 �K�)►r �:SCK KFKC7�Yl �YK�� � r:Y•Z�) �71►\►1 t7. ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 98-16 (Wescott Woodlands — Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 98-16 provided for the street construction and the installation of the sanitary sewer, water main, and storm sewer on Wescott Woodlands, south of Yankee Doodle Road. • The revisions detailed in the change order address the addition of Schedule No. I 1 of the original bid proposal back into the contract. The contract had been awarded without this portion of the original bid package due to the City not having access to the Carriage Hills Golf Course at the time of award. • Carriage Hills Golf Course has authorized a right -of -entry agreement with the City and its contractor for the construction of the water main. The City is pursuing the permanent easement with the property owners and has initiated the condemnation process, if needed. • Schedule No. 11 included the construction of the trunk water main across the golf course. The cost of the work is based upon the original bid prices for Schedule No. 11. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of $58,192.55 (10.47% of original contract). The associated cost will be the responsibility of assessments and the Water Trunk Fund. ATTACHMENTS: Change Order No. 2, pages t through _;27. a� :e"i la CITY OF LAGAN CONTRACT #: 98-16 PROJECT #: 742 CHANGE ORDER #: DATE: October 21, 1998 PROJECT NAME: Wescott Woodlands Street and Utility Improvements PROJECT DESCRIPTION: Street and Utility Improvements including Concrete curb and gutter, bituminous pavement, watermain, sanitary sewer, and storm sewer CONTRACTOR: S.M. Hentaes & Sons, Inc. PO Box 69 Jordan, MN 55352-0069 DESCRIPTION OF CHANGE ORDER WORK: ENGINEER: Howard R. Green Company 1326 Energy Park Drive St. Paul, MN 55108 Adding Schedule No. 11 — Golf Course Watermain — back into Contract 98-16, which was previously not awarded due to unsigned agreements with the Owners of the Golf Course property JUSTIFICATION FORIPURPOSE OF CHANGE ORDER: Executed agreements for the construction of a watermain through the Golf Course property DESCRIPTION OF WORK ITEMS: See attached schedule 0 �Proj1803640J\Change0raer02 CX 5/ ITEM NO. I 3 4 5 6 8 9 It 11 CHANGE ORDER NO. 2 FOR: WFSCOTT WOODLANDS (8036411, CTiY OF EAGAN, MriNT-SOTA SCNFOULF 11.9 WATERMAIN GOLF nUR%F GRANULAR FOUNDATION MATERIAL CONNECT TO EXISTING WATERMAIN HYDRANT WITH 6' GATEVALVE 16' BUTTERFLY VALVE B' GATEVALVE 8' DIP WATERMAIN, CLASS 52 16' DIP WATERMAIN, CLASS 50 FITTINGS 6' DIP WATERMAIN, CLASS 52 EMT QTY• UNIT PNCE TOTAL Mcit TON 100.00 0.01 1.00 EA 1.00 400.00 400.00 EA 4.00 1.899.00 7,396.00 EA 1.00 1,583.00 1,583.00 EA 1.00 734.00 734.00 LF 130.00 15.50 2,015.00 LF 1,51300 27.00 40,851.00 LBS 2,88000 1.52 4,377.60 LF 42.50 14.94 634.95 SCHEDULE 11.0 WATERMAIN • GOLF COURSE — TOTAL CHANGE ORDER Y0. 2 — TOTAL n:'cIcncal'.80364000r xis 58,172.55 $58,192.55 CITY OF CAGAP CONTRACT STATUS TIME/COMPLETION DATE Original Contract: July 1 1999 Change Order: July 1 1999 Subtotal of Previous Change Orders: This Change Order: New Subtotal of All Change Orders: Revise Contract: Percent Increase or Decrease for this Change Order to Original Contract Amount: +10.47% Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: +12.52% RECOMMENDED FOR APPROVAL By: 1`1K Kaa Date: 10 23 9e) By: VI— 74A� Project Mana Contractor By: tL'" n k:4Date: io-Z9-96 City Department Man er City of Eagan Council Action: Mayor: Clerk: Date: DISTRIBUTION 1 — City 2 — Contractor 1 — Engineer 0 Pro=3640J�Changeorderr2 AMOUNT $555.677.44 $ 58,192 55 $ 11,351 60 $ 58.192 55 $ 69.544.15 $625.221.59 Agenda Information Memo November 2, 1998 Eagan City Council Meeting ,I PRI Tli6jg 11111 Is V IN I awe 3111310 1311:111 Ire, ACTION TO BE CONSIDERED: To receive the petition to vacate a drainage and utility easement within Lot 1, Block 2, Kingswood Ponds 2nd Addition and schedule a public hearing to be held on November 30, 1998. FACTS: • City staff has received a petition to vacate a drainage and utility easement from Metro Land Surveying, representing the interest of the property owner and a prospective buyer of Lot 1, Block 2, Kingswood Ponds 2' Addition. • It is suggested that the easement is excessive and may have been dedicated in error. • The Engineering Division, in addition to other interested departments and agencies, will review the effect of the vacation to insure there will be no negative impacts from the action. • The purpose of the vacation is to create a better and more acceptable building area for the prospective buyer. ATTACHMENTS- �q • Location map, page s� L • Legal description, graphic, page 3-6. WE • C: 1-10 i —:S --j( � G 0 0 cl I N I S 3N lll� tAK E W,/ 0 m hi Q?* SKETCH AND DESCRIPTION S41 *51 36.E l N89.43'35'E 251.82 4.91'-= 2•x304<��- L dzf67 -r20 FT UTILITY EASEMENT PER DOC iNO. 566951 02 L .E 7 'q 4.4 t ` ` 30 r r o S89043'35'w 159.90 0 p ♦isem----� UTILITY AND �`-_-- �hI~DRAINAGE EASEMENT j' :,n Ito 1p i ,,--R-150-00 .00 z e Io I ag1 6op��'. LAO �s PROPOSED VACATION of DRAINAGE AND UTILITY EASEMENT: i 7 o 51 9 L � � � Q '��, � ,o6•0yo ;� Over that part of Lot i, Block 2 3 ep0 KINGSWOOD PONDS SECOND ADDITION, lying northerly and UM R' Zp9 9a 2• a easterly of o line described as �� 2r commencing at the southeoster!y corner of sold Lot 1, Block 2; thence South 66 degrees 14 minutes 56 seconds West, assumed bearing along the southerly line of said Lot 1, a distance of 36.51 feet; thence North 07 degrees 44 minutes 10 seconds West 109.94 feet; thence North 53 degrees 56 minutes 57 seconds West 55.55 feet to the point of beginning of the tine to be described; thence North 53 degrees 56 minutes 57 seconds West 21.63 feet; thence North 13 degrees 40 minutes 22 seconds East 51.39 feet to the north line of said Lot 1 and there terminating. N "a I/ 2 N cx m 20 2 A i r V,R`CIOO l 4, Zo 417 0 I`♦` ,*6665,\ss N N cn Lr U, x t N A3 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed surveyor under the low f the store of Minnesota. Dote s ay of ���998 O By: Surveyor, Minnesota License No. 17765 SE CORNER OF LOT 1, BLK 2, KINGSWOOD PONDS SECOND ADD17CN METRO LAND SURVEYING & ENGINEERING 332 CCUVTY RD. D• LITTLE CANADA, A4V 55r PNQNE 165D 766-0f2 FAX, (65D 766.0612 EMAIL: survey ® metrols.cam Rm Agenda Information Memo November 2, 1998 ACTION TO BE CONSIDERED: To receive the petition to vacate First Street rights-of-way, and schedule a public hearing to be held on November 30, 1998. FACTS: • City staff has requested vacation of First Street rights-of-way north of Kenneth Street and South of Keefe Street. • These rights-of-way were originally dedicated with reduced widths as a part of McKee Addition and McKee 3rd Additions. • The rights-of—way are not depended upon for access to any properties and would therefore not create landlocked parcels. • The purpose of the vacations is to eliminate unnecessary and excess rights-of-way and the associated maintenance liabilities. ATTACHMENTS: • Location map, page 3c • Legal description graphic, page 33 I PROPOSED VACATI P� j Clty of Ea L E X 1 N'(3 ON ARK Li ONE OAK ROAD L 0 C' A ]...I O N VA:P .................................................. ..................... I ............................... 3 oa Flgure 1 Sande Zan 7 SQwveying tnc. 9001 E. Bloomington Freeway (35W) Bloomington, MN 55420 (612) 881-2455 /V/i�/�L_L_ I ��LIA -N el KEEFE L •• • • S TREET 589 025'00'Z- Easement 25'00'E Easement Sketch For.- CITY oraCITY OF EA CAN n 30 30 30.00 NORTH LINK = OF LOT n nn/T/nn / L -1L-1 V 0 /x It A �— z 1 :5 r� WC S AVC OF OT SOUTHLIINE OCL �a� S .SB N89 029'00 "W That part of First Street as dedicated in the plat of McKEE 3RD ADDITION, Dakota County, Minnesota, lying between the easterly extensions of the north and south lines of Lot I, Block 2, said McKEE 3RD ADDITION. (11 �V V n NV If jV 0 J0. 00v `,J n, Ill We hereby certify that this sketch, plan or report was prepared by me or under my instruction and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Dated this 25th day of September, 1998 (25)8Y'VNDE L/AND SURVEYIN -INC. ------------ 98-204 r.Z7 R..ZJ SZ SvT 9810400/.dwg Edward H. Sunde, R.L.S. Minn. Reg. No. 8612 Agenda Information Memo November 2, 1998 ACTION TO BE CONSIDERED: To receive the petition and authorize the preparation of a feasibility report for Project 765 (Robin Lane — Sidewalk Improvements). • On October 19, 1998, the city received signatures representing 41 properties in the Blackhawk Forest area requesting the installation of a sidewalk along the west side of Robin Lane. • Robin Lane intersects Blackhawk Road on the east side of Highway 13 and again just north of Silver Bell Road. • Due to the significant number of signatures on the petition, it would be appropriate for the City Council to authorize the preparation of a Feasibility Report to determine the scope, cost, schedule, and method of financing the construction of this sidewalk. ATTACHMENTS: • Location map, page 3.S . 3� r $URGUN�Y �� SILVER BELL RD. 7 to, ASHBURY S HILL 3 ARK p+ \ CRESTRIDGE LN. 0 W EER POND Z MONTEREY LN. o y � CIR. PROPOSED J SIDEWALK KYLLO LN. p BLUEBILI r��c wm a w OC W U [r) 3 Q Q city of eagan ROBIN LANE - SIDEWALK PUBLIC LOCATION MAP ULWORKS r DEPARTMENT J RI` -,E Agenda Information Memo November 2, 1998 Eagan City Council Meeting FOOTING AND FOUNDATION PERMIT REQUEST — STRINGER BUSINESS SYSTEMS (LOT 1, BLOCK 3, GRAND OAK TWO) ACTION TO BE CONSIDERED: > To approve or deny a footing and foundation permit for the Shenehon Company (for Stringer Business Systems) on Lot 1, Block 3, Grand Oak Two prior to Final Subdivision approval. FACTS: > The City Council approved a preliminary subdivision for Grand Oak Two consisting of 5 lots and 5 outlots at their regular meeting on October 20, 1998. > Shenehon Company is in the process of purchasing Lot 1, Block 3, Grand Oak Two to accommodate construction of a 26,786 s.f. office/warehouse for the corporate offices of Stringer Business Systems. The building is proposed to consist of 62% office and 38% warehouse and is consistent with the Business Park zoning and land use designations. > The proposed site plan indicates the building location exceeds all setback requirements and meets all other code requirements for parking and building coverage. > According to the applicant, Stringer Business Systems must move into their new facility by the end of July 1999. The early foundation permit will allow pouring of the foundation this fall and building construction next spring. That construction schedule would ensure the building is ready for occupancy by July 1999. ATTACHMENTS: n > Letter from Shenehon Company, pages / through > Proposed site plan for Stringer Business Systems, page, WE SL101ILL HENEHON COMPANY Robert J. Strachota MAI rvtn a It N\/.. Sut snos. Denise M. O'Leary Shenehon Company 219 South Fourth Street Minneapolis, MN 55401 October 20. 1998 Nis. Julie Farnham City Planner, City of Eagan 3830 Pilot Knob Road Eagan, MN 551'12 Dear Julie: Pursuant to our conversation of Monday. October 19, 1998, we are making a formal request to be on the agenda for the November 2, 1998 City Council Meeting. We are in need of an early foundation permit for Lot 1 Block 3 of the Grand Oak Business Park. We need an early foundation because our tenant, Stringer Business Systems, has been able to negotiate an extension on their current lease only through July of 1999. The original plans with Wispark called for construction to begin in September of 1998. Due to platting changes, Wispark has been unable to deliver title to this land parcel. We expect to have title by November 1, 1998. If we can get the foundation in the fall, we will be on target to put up the structure in the spring and avoid winter construction problems. We understand that you need the following items, which will arrive by Monday, October 26. 1998: a) One large site plan showing setbacks, roads, parking areas, and building footprint. b) One 8 1/2" x l l" site plan for the exhibit. c) Description of warehouse size and office size. 3� ...shcn Km ... m E ttu,l. sulurtstrneMxt.utn 2 14 wroth FFanth Street, suite 41N1, M Inch.,., %Imn"Ki i5411 611.113.6i 13 Fw 613 t44-1633 Ms. Julie Farnham October 20, 1998 Page 2 Thank you for your help in this matter. D. M. O'Leary cc: Mark Murphy James Chick John Stringer Dave Busch Greg Miller Dale Schoeppner G \STAINGEP',[1 Owg Mon O:t 26 12 46 57 1998 �! . 11611111 Agenda Information Memo November 2, 1998 Eagan City Council Meeting K- RECOMMENDATION, BURNSVILLEXAGAN TELECOMMUNICATION'S COMMISSION, COMPETITIVE FRANCHISING APPLICATION AND REVIEW PROCESS ACTION TO BE CONSIDERED: To adopt the "Policies and Procedures Governing Application, Review and Recommendations Regarding Grant of Competitive Cable Franchises." FACTS: • Based on staffs contact early this year by an attorney representing a party investigating the possibility of obtaining a second cable franchise in the Member Cities, staff determined that the Member Cities do not have a formal process for receiving, reviewing and awarding a competitive franchise. As a result, the Telecommunications Commission directed legal counsel to prepare a policy providing a process that both Member Cities, the Commission and any franchise competitor would follow. • The Commission and staff reviewed the proposed policy at both its September and October meetings. At the Commission's October 22 meeting, the Commission took official action to recommend that the Member Cities adopt the attached "Policies and Procedures Governing Application, Review and Recommendations Regarding Grant of Competitive Cable Franchises" document. ISSUES: • While the original competitive contact has not resulted in any further interests, to date, the likelihood of competition is real. While the Member Cities encourage competition, it is assumed that the Member Cities wish to ensure minimal fiscal and administrative impact on the Member Cities. The adoption of the "competitive franchising polices" is a proactive measure that covers four key areas. Scope of authority - The only cable television franchising process the Member Cities have conducted was the initial RFP/franchising process in 1982-83. The joint cable commission was created at that time to assist the Member Cities with reducing the administrative burden/expenses, to streamline the process and to provide shared administrative oversight of the awarded franchise. This same goal is anticipated. W Potential litigation - Where cities have entertained a competitive franchise, litigation by the incumbent has happened in many circumstances. This policy attempts to reduce any litigious actions by incumbent and/or competitor. Fees and administrative costs - The application and review process can be very expensive. To use the incumbent's existing franchise fees could create legal objections from the incumbent. The policies provides the mechanism for recovery of such application, review and negotiations expense. The statutory process - The policies provide a formal application procedure that standardizes and incorporates the State's statutory process and makes appropriate modifications for competitive franchising. ATTACHMENTS: Policies and procedures document enclosed on pages _l-- through � Z/ / •wVl A.. S(RMICR' THOMAS 0. CRt10NTON SCOTT A. LIISON OAYIO «. NIOMTINOAL(I .AVL J. OUAST' ROS(RY J, v. YOt( WILLIAM S. IOgSCRO' BERNICK AND LIFSON A .ROICSSIO.AL wss OCIATIOM ATTORNEYS AT LAW SVIT( 1200. TMC COLONNAO[ IAL[O AO�IIT,(O IN WI[COM[IN 410 C[wTln[O hSUG ACCOVNUNT 1400 WAY 2AT^ SOULCVARO '4[O AOMnT[O -N ILOMIOA MINNEAPOLIS, MINNESOTA 65416-4270 TtLK..ONt I612I 1.0-1200 IACDIMIL[ (012) 646-6002 October 2, 1998 LcawL Au1tuN+ M/1TNRTN O. Mwt T[RMAH BURNSVILLE-EAGAN TELECOMMUNICATIONS COMMISSION POLICIES AND PROCEDURES GOVERNING APPLICATION, REVIEW AND RECOMMENDATIONS REGARDING GRANT OF COMPETITIVE CABLE FRANCHISES Preamble The Burnsville -Eagan Telecommunications Commission is a municipal joint powers consortium organized pursuant to Minn. Stat. § 471.59 and comprised of the Cities of Burnsville and Eagan. Minnesota. The Commission was formed by agreement of the Member Cities. The purpose for creating the Commission was to allow for efficient and coordinated administration and enforcement of the cable Franchises of the Member Cities and to coordinate cable -related matters for the benefit of the Member Cities and subscribers. The agreement of the Member Cities is embodied in the Joint and Cooperative Agreement Establishing a Commission for the Administration of Cable Communications System, as amended, which defines the authority, powers. duties and obligations of the Commission. The Commission has generally been delegated the authority to undertake all tasks necessary to coordinate, administer. and enforce the Franchises of the Member Cities. Further, the Commission may exercise any other power necessan, and incidental to the implementation of its fundamental tasks. and may conduct such research and investigation and take such action as it deems necessary on any matter related to or affecting cable communications. While the Member Cities have retained final authority to grant Franchises to cable providers, they have delegated fundamentally all other authority regarding such Franchises to the Commission. The Commission was organized prior to grant of the current Franchises by the Member Cities. The Commission reviewed proposals for and helped coordinate the grant of uniform Franchises by the Member Cities. Subsequently, the Commission has undertaken tasks necessary for renewal of the Franchises including consideration of the telecommunications needs and interests of the community and initial negotiation of the terms of uniform Franchises to -be presented to the Member Cities for consideration. Modern telecommunications policy, law and regulations encourage the emergence of competition in all telecommunications markets. Increased competition in the provision of all telecommunications services is expected, including in the provision of cable television service. The emergence of such competition could increase the quality and availability of enhanced telecommunications services via cable systems, encourage lower rates, encourage better customer service. and generally benefit consumers. Policies and procedures regarding application for and review of applications for competitive cable Franchises will streamline the processing of requests to provide such competitive telecommunications services. In view of the foregoing, the Commission has formulated policies and procedures for application and review of applications for competitive Franchises within the Member Cities. Pursuant to these policies and procedures the Commission has delineated the information which must be provided in an application fora competitive Franchise. detailed a process for review of such application and negotiation of the terms of the Franchise agreement, and provided for the presentation of a formal recommendation regarding the grant of such Franchise(s) to the Member Cities. All of these functions are within the current authority delegated to the Commission in the Joint Powers Agreement. Section 1. Definitions "Applicant" shall mean a Cable Company that files an Application with the Commission "Application" shall mean the information, documentation, and data, of the form and substance required herein, filed by a Cable Company with the Commission requesting the Commission's consideration and recommendation to the Member Cities regarding grant of competitive Franchise. "Application Fee" shall mean a fee which is intended to cover all costs incurred by the Commission and its Member Cities related to processing Applications up to and including the grant of Franchise (if any) including, but not limited to, staff and attorney's time in reviewing and considering an Application and related information, negotiating the terms and conditions of Franchises, and preparing recommendations, Franchises and other documentation related to such Application. "Cable Company" shall mean any person owning, controlling, operating, managing or leasing a Cable System within the state or any person seeking a /Franchise or authorization to do so. "Cable Svstem" means a system which operates the service of receiving and amplifying video programs and distributing those programs by wire, cable, microwave or other means, whether the means are owned or leased, to persons who subscribe to the service. This definition shall include open video systems and all other similar systems regardless of ownership and control, to the extent permitted by law. This definition does not include: (a) a system which serves fewer than 50 subscribers; (b) a master antenna television system; (c) a system which does not use the public rights-of-way for the construction of its I Ll3 physical plant: and (d) a translator system which receives and rebroadcasts only over -the -air signals. "Commission" shall mean the Bumsvi I le -Eagan Telecommunications Commission, a municipal joint powers consortium, and its lawful successors or assigns. "Franchise" shall mean any authorization granted by a Member City in the form of a Franchise, privilege, permit, license orother municipal authorization to construct. operate, maintain, or manage a Cable System. "Member Cities" shall mean the cities of Burnsville and Eagan. Minnesota and such other municipalities which may lawfully join the Commission. "Policies and Procedures" shall mean these policies and procedures governing the Commission's processing of Applications for Franchises. Section 2. Applicability of Policies and Procedures These Policies and Procedures apply to every Cable System and every Cable Company. including a Cable Company which constructs. operates and maintains a Cable System in whole or in part through facilities owned or operated by another provider, that seeks to operate within the territorial limits of either or both of the Member Cities. Authority: Minn. Stat. Sec. 238.03 Section 3. Franchise requirement Subd. 1. In accordance with state and federal law, each Member City shall require a Franchise of any Cable System providing service within the municipality. Subd. 2. Nothing in these Policies and Procedures shall be construed to limit any of the Member Cities from the right to construct, purchase, and operate a Cable System or otherwise provide any telecommunications services either for internal municipal purposes or for sale to the public. Any municipal system shall be subject to this Franchise requirement to the same extent as would any nonpublic Cable System. Subd. 3. Franchises for Cable Systems shall be reasonably uniform to permit efficient administration and enforcement by the Commission. Authority: Minn. Stat. Sec. 238.08 Section 4. Application for Franchise Subd I . Franchising of Cable Systems and Cable Companies by the Member Cities shall comply with Minnesota Statutes, Chapter 238 and other applicable state and federal laws. Nothing in these Policies and Procedures shall be deemed to alter or limit the requirements of such laws. Subd.2. Review of Applications. Applications for competitive Franchises shall contain such information as is required below in these Policies and Procedures and shall be submitted to the Commission. Review by the Commission of any Applications pursuant to these Policies and Procedures and final determination by the Commission regarding a recommendation whether to Franchise such Applicant(s) may be based on any relevant and reasonable factors. Subd. 3. Public Hearing on Applications. A public hearing before the Commission affording reasonable notice and a reasonable opportunity to be heard with respect to an Application shall be scheduled and held within 120 days of receipt of an Application. This public hearing shall not replace any public hearing required by law prior to adoption of individual Franchises by the Member Cities. The incumbent Cable Company shall be given notice of such hearing in writing and shall be permitted to participate. Subd. 4. Negotiation of Franchise Terms. During the period of up to 120 days prior to the public hearing on the Application, the Commission and Applicant may negotiate specific Franchise terms and conditions for recommendation and presentation to the Member Cities. In addition, during this period the Commission shall review the Application and may request such additional information which Commission deems necessary to make final recommendations to the Member Cities. Subd. 5. Determinations. Determinations by the Commission regarding the qualifications of Applicant(s) and recommendations to the Member Cities regarding grant of Franchises shall be made based on information provided by the Applicant as required herein and such other information which Commission deems relevant in its sole discretion. The Commission mav, in its sole discretion, consider information developed during any negotiations with the Applicant during the 120 review period and any information or evidence adduced by the incumbent Cable Company. Within 60 days after such public hearing the Commission shall issue written recommendations to the Member Cities regarding such Application. These recommendations may include a uniform Franchise document for adoption by the Member Cities. Subd. 6. Award of Franchise. Franchises may be awarded only by ordinances issued by the Member Cities. Subd. 7. Costs of Reviewing Application and Issuing Franchise. The Applicant shall pay the Application Fee required below. The Application Fee is required for the purpose of reimbursement of the Commission and Member Cities for all costs associated with processing Applications pursuant to these Policies and Procedures. In the event the Commission recommends 0 denial or non -issuance of Franchises by the Member Cities, any portion of the Application Fee which remains after payment of all Commission and Member Cities' costs will be reimbursed to the Applicant. In the event Commission recommends approval or issuance of Franchises by the Member Cities, Commission shall retain the full amount of the Application Fee. Should the Application Fee not cover the expenses of the Commission or the Member Cities, those unreimbursed expenses shall be reimbursed prior to any consideration of the Franchise by a Member City. A successful Applicant shall be fully responsible to reimburse the Commission and the Member Cities for all costs of awarding the Franchise. Subd. 8. Franchising nonprofit or municipally -owned system. Nothing contained in this section prohibits a Member City from franchising a nonprofit or municipally -owned system. The municipality or nonprofit entity may be considered an Applicant subject to these Policies and Procedures in the event service will be provided outside of a single Member City. Authority: Minn. Stat. § 238.081 [Note: Minn. Stat. § 238.081, Subd. 10, specifically authorizes municipalities to delegate all of the above rights and responsibilities to a joint powers consortium such as the Commission. The Joint Powers Agreement could be amended to better clarify this delegation. Delegation of this authority is currently implied but not explicit in the Agreement.] Section 5. Information Required in Application. An Application for a competitive Franchise must be signed by an authorized officer or principle of the Cable Company and be notarized and must include at least the following: (1) the name of the municipality(ies) in which the Applicant seeks to construct a Cable System and provide services; (2) the name, address, and telephone number of the individuals who may be contacted for . further information. (3) plans for channel capacity and overall system capacity, including both the total number of channels capable of being energized in the system and the number of channels to be energized immediately; (4) a statement of the television and radio signals for which permission to carry will be requested from the Federal Communications Commission. or any other required regulatory agency; (5) a description of the proposed system design and planned operation, including at least the following items: (i) the general area for location of antennae and the head end, or description of programming delivery plan if otherwise; (ii) the schedule for activating two-way capacity and any other system capacity to be activated in conjunction with the Cable System; (iii) the type of automated services to be provided: (iv) the minimum number of video channels, other Cable Services, and other kinds 5 KOV of services to be made available to residents; (v) the number of channels and services to be made available for community/access programming; and (vi) a plan for funding of facilities and staff for community/access programming and/or a plan for interconnection and provision of such programming in cooperation with the incumbent Cable Company; (6) plans for the provision of Institutional Network capacity and services or other "in-kind" services and the terms, conditions and technical standards under which particular service is to be provided to governmental, educational, and other institutional entities; (7) a list of all institutions receiving Institutional Network service. (8) a schedule of proposed rates in relation to the services to be provided, and a proposed policy regarding unusual or difficult connection of services; (9) a time schedule for construction of the entire system with the time sequence for wiring the various parts of the area requested to be served in the request for proposals; (10) the applicant's qualifications and experience in the cable communications field, if any; (11) an identification of the municipalities in which the applicant either owns or operates a Cable System, directly or indirectly, or has outstanding Franchises for which no system has been built; (12) detailed plans for financing of the proposed system, which must indicate every significant anticipated source ofcapital and significant limitations or conditions with respect to the availability of the indicated sources of capital; (13) a statement of ownership detailing the corporate organization or other structuring of the applicant including the names and addresses of officers and directors and the number of shares held by each officer or director, and intracompany relationship including a parent, subsidiary or affiliated company; (14) a statement of a form and substance acceptable to Commission indemnifying Commission and its Member Cities fully against any claims or liabilities alleged as the result of Commission's exercise of these Policies and Procedures including any such claims or liabilities alleged or asserted by the incumbent Cable Company; (15) an agreement to pay the Member Cities a Franchise fee in the same percentage of gross revenues as the incumbent providers with "gross revenues" defined the same or similar to that in the incumbent's Franchise; (16) a notation and explanation of omissions or other variations with respect to the requirements of the Application; and (17) submission of an initial Application Fee in the amount of $50,000.00. Authority: Minn. Stat. Sec. 238.081, Subd. 2 and 4. Section 6. Negotiation of Franchise Terms and Conditions. Subd. 1. The Commission shall not negotiate and recommend to the Member Cities an additional Franchise for Cable Service for an area included in an existing Franchise on terms and conditions more favorable or less burdensome than those in the existing Franchise pertaining to: (1) the area served, (2) public, educational, or governmental access requirements; or (3) Franchise fees. The provisions of this paragraph shall not apply when the area in which the additional Franchise is being sought is not actually being served by any existing Cable Company holding a Franchise for the area. However, nothing in this paragraph prevents Commission from recommending or the Member Cities from imposing additional terms and conditions on any additional Franchises. Subd. 2. Nothing in these Policies and Procedures shall be construed to limit the power of any Member City to impose upon any Cable Company any legally permissible fee, tax or charge. Authority: Minn. Stat. § 238.08. Section 7. Proprietary Information Any, proprietary, confidential or privileged information submitted by an Applicant, or possessed by the Commission or the Member Cities regarding the incumbent Cable Company, shall upon written request be kept confidential to the extent permissible by law. U able BURNS V ❑.c=P f�hismg memo -3 .pd Agenda Information Memo November 2, 1998 Eagan City Council Meeting L. ADOPTION OF 1999 BURNSVILLE/EAGAN COMMUNITY TELEVISION BUDGET ACTION TO BE CONSIDERED: To approve the 1999 Burnsville/Eagan Community Television Budget. FACTS: The 1999 Bumsvillc Eagan Community Television's (BELT) budget is comprised using 100% of the PEG access fee. No franchise fees or general revenues arc used. The PEG fee can only be used to support BELT operations. Based on the proposed BECT budget (see attached), as submitted to the Telecommunications Commission for informative purposes, the Commission approved at its October meeting the 1999 PEG fee at 5115 per subscriber per month. This is an increase of S.I 5 over 1998, which is S.05 less than projected during the PEG access transfer discussions. It is anticipated that the projected 1999 PEG fee revenues will cover the proposed 1999 BELT budget. In 1992, the Member Cities appointed the Commission as the cable rate regulatory body for the Member Cities in all matters pertaining to the Basic Service tier, which includes the PEG fee. This was reinforced with the recent adoption of the revised Joint Powers Agreement. The 1999 proposed BECT budget is primarily an inflationary budget with few substantial changes. Those changes are: 1) the addition of a seventh full-time BECT staff person: 2) the purchase of computer equipment to accomplish assimilation into the City of Burnsville's computer network system, which also allows for communication with the City of Eagan and; 3) the replacement of the wom carpet and furniture with new carpet, work stations and a office lighting upgrade. ISSUES: As the 1998 BELT budget was the first budget developed as a city operation, and as there are only several months of actual operation under this budget, it is difficult to draw conclusions for developing the 1999 budget. As such, staff used the historic activities of the cable company's access operations combined with BECT's current and anticipated activities. The addition of the seventh staff person is not predicated so much on any new demands of the operations, but more on what should have been done several years ago. The current staffing number of six had been set as a result of the original franchise requirement determined in 1983. It had been staffs intent to negotiate an increase in staffing within the franchise renewal process. At a minimum, one additional staff could relieve Manager Hotchkiss and other staff' from having to do many of the clerical responsibilities and allow more time to do production, including facilitation of more volunteer productions. This is an efficient and cost effective approach to the management of the operations. The addition of the new monthly program "Community Journal" has also effected staffs ability to handle the increase in volunteer and city programming activities. As such, Coordinator Reardon and Manager Hotchkiss recommend the addition of the seventh staff person. The replacement of the carpet, office arrangements and lighting will provide the facility with a more "professional" working atmosphere and provide cost savings through energy efficiency. ATTACHMENTS: • Bumsville/Eagan Community Television Budget enclosed on page 2 . �O 1999 BECT Proposed Budget Budget line Item 98 Budget 99 Budget Employee Expenses FTE's 197,536 237,536 Part-time 2,000 5,000 Overtime 3.000 5,000 202,536 247,536 Current Expenses Office Rent 39,340 42,408 Property Tax 13,295 11,495 Water & Sewer (included in utilities) Insurance - 9,000 Utilities 9,000 9.000 Cleaning & Hauling 7,200 7,200 Common Area Maintenance 5,004 7,000 Tuition and Training 1,000 3.500 Travel 1,000 1,000 Vehicle Expense 5,000 5,000 Equip Repair/Production & Equip Supplies 6,000 10,000 Office Material / Supplies 3,500 4,000 News Program Production Expense 12,000 5,000 Dues & Subscriptions 100 100 Postage 500 1,500 Telephone 2,500 2,500 105,439 118,703 Capital Outlay Production equipment, computer, Furniture 103,820 106.000 Total Projected Revenue S/ 411,795 411.795 472,239 480.000 Agenda Information Memo November 2, 1998 Eagan City Council Meeting i1U:3Plei ,10 "m 7IiZ ACTION TO BE CONSIDERED: To close the public hearing and approve or deny certification of delinquent utility accounts to Dakota County for collection with property taxes. FACTS: The City currently has approximately 241 utility bill accounts with delinquent payments. The assessable amount of these accounts is 540,664.80. These items are in order for certification to the County. ATTACHMENTS: • Delinquent account list attached on pages S through�. REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID ANT -OPEN ACCOUNT -STATUS ASSESS -ANT 1010140004 101670307007 198.08 AC 223.08 1010510404 101670310008 17.84 AC 42.84 1030330304 101670106005 112.23 AC 137.23 1030900303 101670110002 79.84 AC 104.84 1040290703 101670125001 220.10 AC 245.10 1040450702 101670109001 249.90 AC 274.90 1040770802 101670331001 140.23 AC 165.23 1050070003 108460007005 76.11 AC 101.11 1051120204 108460005002 176.51 AC 201.51 1060110202 103230011000 109.90 AC 134.90 1060650701 102488021005 184.13 AC 209.13 1060710901 102488004006 86.24 AC 111.24 1061120002 102488011003 229.95 AC 254.95 1070120904 108435103001 124.97 AC 149.97 1080250203 108435018002 184.31 AC 209.31 1080360902 108435007002 114.34 AC 139.34 1090050401 108435406001 422.13 AC 447.13 1090070201 108435408001 190.35 AC 215.35 1090510702 108435417003 150.21 AC 175.21 1090580002 108435406005 293.41 AC 318.41 1091050304 108425020001 296.58 AC 321.58 1091290506 108425015003 133.28 AC 158.28 1100130205 108460108007 87.67 AC 112.67 1101060006 108460204004 104.51 AC 129.51 1101150906 108460204005 109.90 AC 134.90 1110090602 108460233003 71.11 AC 96.11 1110550906 108460230002 174.80 AC 199.80 S3 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB ---------------------------------------------------------------------------------•-------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1110630907 108460224002 49.45 AC 74.45 1111420406 108460203001 107.30 AC 132.30 1120170402 106440006005 291.62 AC 316.62 1120400501 106440005001 5.06 AC 30.06 1140500803 108435518003 111.86 AC 136.86 1151070802 101480045001 79.63 AC 104.63 1162261002 107120007001 209.57 AC 234.57 1162270101 107120003002 222.16 AC 247.16 1170590202 104805007002 135.29 AC 160.29 1171340102 104805010101 214.60 AC 239.60 1171521605 104805004204 206.09 AC 231.09 1172100805 107297518002 226.20 AC 251.20 1174370502 107297703201 181.05 AC 206.05 1181630301 101350017006 214.37 AC 239.37 1181690703 101350011006 96.26 AC 121.26 1190130301 101500309001 205.35 AC 230.35 1190160002 101500312001 136.85 AC 161.85 1200730802 108195016001 217.65 AC 242.65 1200930403 108195005002 300.59 AC 325.59 1211080506 101715316001 231.24 AC 256.24 1212180201 108355001004 148.88 AC 173.88 1212240402 108355001005 94.07 AC 119.07 1213030803 106760005002 216.57 AC 241.57 1221370805 105210016005 118.34 AC 143.34 1221570305 105210018002 169.97 AC 194.97 1222250103 105210010005 113.05 AC 138.05 1222800302 105210003006 256.66 AC 281.66 Sf' REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1223380503 107298802004 242.26 AC 267.26 1224720102 107299604001 158.91 AC 183.91 1226260602 102580101004 145.85 AC 170.85 1230330103 103980101009 51.68 AC 76.68 1230790601 103980018002 82.96 AC 107.96 1230930804 103980102001 34.66 AC 59.66 1231130403 103980202006 120.34 AC 145.34 1231170003 103980202007 133.51 AC 158.51 1231760803 103980302009 157.50 AC 182.50 1242070901 105210107001 168.95 AC 193.95 1246200802 104509010002 116.90 AC 141.90 1250500406 107595003003 94.85 AC 119.85 1251570602 107595117001 165.27 AC 190.27 1260120904 101660001201 122.33 AC 147.33 1260440103 101660105003 292.96 AC 317.96 1260830306 101660204001 61.30 AC 86.30 1260920205 101660212102 164.46 AC 189.46 1261610808 101740019800 50.93 AC 75.93 1262310401 101740008201 112.56 AC 137.56 1262480503 101740221102 80.30 AC 105.30 1262500008 101740223002 258.89 AC 283.89 1262540602 101740227002 307.46 AC 332.46 1262560405 101740209103 162.64 AC 187.64 1262920003 101740214002 68.39 AC 93.39 1263160202 101740202104 18.32 AC 43.32 1263307901 101740506101 53.21 AC 78.21 1263321002 105355001001 141.44 AC 166.44 SS REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -ANT 1263400204 105355006001 105.85 AC 130.85 1264410001 106920010000 108.64 AC 133.64 1270070403 106398007001 203.19 AC 228.19 1270870703 106398004008 268.08 AC 293.08 1280060305 106398103010 81.13 AC 106.13 1280170003 106398102009 136.42 AC 161.42 1280650102 106398204007 194.43 AC 219.43 1280730104 106398204006 112.49 AC 137.49 1280800206 106398203006 107.23 AC 132.23 1280840807 106398609001 216.40 AC 241.40 1281010704 106398303005 50.19 AC 75.19 1281200404 106398303009 154.83 AC 179.83 1281250902 106398304008 136.32 AC 161.32 1281670805 106398402013 131.26 AC 156.26 1282700201 105675003004 46.20 AC 71.20 1282760601 105675104003 131.04 AC 156.04 1283610203 101375016003 68.35 AC 93.35 1283810805 101375002001 239.89 AC 264.89 1283910603 101375009002 127.61 AC 152.61 1290400903 102275001002 105.76 AC 130.76 1291130103 102275047002 252.17 AC 277.17 1300440302 107820006003 70.55 AC 95.55 1303020002 102560103004 223.31 AC 248.31 1310570501 101230005005 224.75 AC 249.75 1310990501 104727702003 184.37 AC 209.37 1311270102 107296108001 167.36 AC 192.36 1311950802 104727803004 71.06 AC 96.06 m REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1313160202 104433010001 56.00 AC 81.00 1315460401 103215125002 117.38 AC 142.38 1316630101 108375101004 258.57 AC 283.57 1317810802 104509406001 110.89 AC 135.89 1318800802 108350012001 109.17 AC 134.17 1319200001 105769003005 192.87 AC 217.87 1550480601 100340002076 35.39 AC 60.39 1551390601 100360001082 17.33 AC 42.33 2310440902 101670027002 82.96 AC 107.96 2311200602 101670008006 149.51 AC 174.51 2311220405 101670010006 358.11 AC 383.11 2311340001 101670020005 75.72 AC 100.72 2321370504 101670201006 80.26 AC 105.26 2330080901 101665004001 104.67 AC 129.67 2330490003 101670234008 115.83 AC 140.83 2330580803 101670243008 247.57 AC 272.57 2330950304 101670416002 65.11 AC 90.11 2340230802 100190001211 112.68 AC 137.68 2341221601 100170001275 70.15 AC 95.15 2342000303 101430110001 110.15 AC 135.15 2342060704 101430103001 139.72 AC 164.72 2350920105 101670405012 201.59 AC 226.59 2350930003 101670408011 163.82 AC 188.82 2350980502 101670413011 198.81 AC 223.81 2351250201 101670406006 70.74 AC 95.74 2360140402 101670402007 74.22 AC 99.22 2380330701 101670415010 139.13 AC 164.13 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 2380360401 101670412010 180.60 AC 205.60 2380880104 101670614002 193.60 AC 218.60 2390010303 100200004177 5.66 AC 30.66 2390050903 101190004001 124.30 AC 149.30 2390620901 101670608010 248.26 AC 273.26 2391840202 103295102007 106.78 AC 131.78 2391940003 103295104009 159.78 AC 184.78 2391960802 103295204006 233.22 AC 258.22 2400310504 107710002018 110.78 AC 135.78 2401010004 107710001005 49.79 AC 74.79 2401220506 107710001001 93.85 AC 118.85 2401250206 107710002008 149.91 AC 174.91 2410760901 101670708008 246.56 AC 271.56 2410880503 101670708005 250.49 AC 275.49 2410960503 101670727006 161.71 AC 186.71 2411470404 101670712004 89.85 AC 114.85 2411590905 101438701001 12.54 AC 37.54 2411850701 101438705002 85.25 AC 110.25 2420160007 107300203009 81.48 AC 106.48 2420410907 107300005020 152.84 AC 177.84 2420570004 107300004014 107.45 AC 132.45 2421080901 107300104014 136.75 AC 161.75 2421620203 107300404002 256.04 AC 281.04 2421650905 107300402002 49.84 AC 74.84 2430290301 107650103001 101.35 AC 126.35 2430850401 107650202011 123.93 AC 148.93 2432370103 105750301002 289.30 AC 314.30 S8` REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB ------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS - ------ ----------------------------- ASSESS -AMT 2432450107 105750318003 65.64 AC 90.64 2432780104 108446123001 50.19 AC 75.19 2433380902 108446012001 312.50 AC 337.50 2433570504 108446011002 406.98 AC 431.98 2433610903 108446007002 62.68 AC 87.68 2440840302 103310001001 1.47 AC 26.47 2451630404 108365108002 314.14 AC 339.14 2451900103 108365303003 129.27 AC 154.27 2460590905 102190040001 75.52 AC 100.52 2460660003 102190052001 102.14 AC 127.14 2471268901 101380005001 200.02 AC 225.02 2490110003 103275004002 183.36 AC 208.36 2500040707 101499004001 1.34 AC 26.34 2500131404 101499306001 264.85 AC 289.85 2500200702 101499020001 183.86 AC 208.86 2500680001 101499234001 186.86 AC 211.86 2500690901 101499317001 30.39 AC 55.39 2501140402 101499361001 137.25 AC 162.25 2501260002 101499301002 262.83 AC 287.83 2510720201 103190002003 204.67 AC 229.67 2550340001 104445004001 24.42 AC 49.42 2560210301 106767005002 112.19 AC 137.19 2561430602 101997504002 129.49 AC 154.49 2561620201 101997505004 22.03 AC 47.03 2564920301 101432513002 128.04 AC 153.04 2566550601 106712502013 60.53 AC 85.53 3550490101 100380008002 17.60 AC 42.60 s9 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 3610090702 106805003102 27.40 AC 52.40 3610710004 104130005001 56.88 AC 81.88 3611520204 101630003001 169.87 AC 194.87 3614790804 101815202004 273.95 AC 298.95 3621740403 105530019003 200.54 AC 225.54 3630030902 103289003001 127.30 AC 152.30 3630240402 108140001003 255.91 AC 280.91 3630657902 105540007001 52.41 AC 77.41 3630700702 101830009105 107.53 AC 132.53 3631270001 101830011008 132.26 AC 157.26 3640181806 102096012004 179.92 AC 204.92 3640620504 102096016004 139.53 AC 164.53 3643050201 104465157001 178.52 AC 203.52 3643370402 104465105001 1.81 AC 26.81 3650470203 104775006001 192.61 AC 217.61 3650900805 104775004003 180.62 AC 205.62 3651030305 104775110001 99.76 AC 124.76 3651260601 104775210002 80.79 AC 105.79 3660330602 101560003000 64.64 AC 89.64 3660420502 101560009000 119.92 AC 144.92 3660670502 106710001001 192.42 AC 217.42 3660750502 103200002000 11.78 AC 36.78 3660790101 103200003000 85.82 AC 110.82 3671290901 101550140002 174.57 AC 199.57 3672550501 101550114003 88.17 AC 113.17 3680400301 103299007003 254.18 AC 279.18 3681120601 103299003006 82.96 AC 107.96 2 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB --------------------•--------------------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 3700430602 108361203101 199.29 AC 224.29 3701120202 104506020002 53.34 AC 78.34 3710660601 107250028001 134.45 AC 159.45 3710680401 107250030001 53.18 AC 78.18 3711640702 107250011005 167.00 AC 192.00 3750500502 101827536003 99.61 AC 124.61 3770750202 104507531001 262.54 AC 287.54 3770800502 104507526001 172.77 AC 197.77 3770840101 104507522001 257.78 AC 282.78 3780040603 104508010004 42.26 AC 67.26 3781360701 104508105001 165.67 AC 190.67 3790640101 107298305001 38.87 AC 63.87 3800520302 107587505003 86.00 AC 111.00 3823940601 103095003101 18.63 AC 43.63 3826181401 101460002001 212.23 AC 237.23 32812.28* <*> 1090650102 108435401004 592.33 CB 617.33 1223580002 102580011001 67.62 CB 92.62 1283830604 101375001002 147.29 CB 172.29 2320620403 101670018009 82.36 CB 107.36 2391910302 103295101009 133.23 CB 158.23 2430520306 107650003006 160.33 CB 185.33 2433220705 108446006003 154.38 CB 179.38 3640480410 102096021001 334.99 CB 359.99 3650450407 104775004001 103.14 CB 128.14 3822180002 103299207004 51.85 CB 76.85 1827.52* <*> mom REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 34639.80* 40664.80* M. Agenda Information Memo November 2, 1998 Eagan City Council Meeting B. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve or deny the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. FACTS: • The City Code allows for collection through certification of false alarm bills which are not paid. • At the October 6 City Council meeting, a public hearing was set for November 2, 1998. • The delinquent false alarm bills are S75 per false alarm with a 10% penalty and a $25 certification fee. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS: • Proposed assessment roll, page 6L GRAND TOTAL/SA 1998 false alarms S/A M PROPERTY ID S/A ASSESSED AMT ------ I------------------------------------------------------------------------ 98FALS 10.22472-050-02 $82.50 $247 10.22472-080-02 $82.50 10-22500-010-03 10-22473.010-01 $82.50 $82. 10-22500-010-03 $165.00 10-77031-010-01 10-22502-080-02 $82.50 $1,560. 10-22502-271.03 $47.50 10-22503-241-02 $330.00 10-22515-030.03 $165.00 10-22520-040.01 $165.00 10-22530-010-01 $495.00 10-23100-080-03 $495.00 10-26500-010-01 $15.00 10-27500-030-02 $82.50 10.39901-010-01 $82.50 10.47500-010-01 $163.76 10-47500-020-01 $331.24 10-52250-010-01 $82.50 10-57690-030-05 ------------------------- $165.00 98FALS 10-75925-060-01 $82.50 ------------------------------------- 10-77031-010-01 $165.00 <*> $3,362.50* $3,362.50* GRAND TOTAL/SA S/A X PROPERTY ID 1997 false alarms S/A ASSESSED AMT ------------------------------------------- ALARMS 10-16725-070.01 $165. 10-16820-010-02 $82, 10-18530-010-01 $75, 10-22472-010-02 $247 10-22472-050-02 $247. 10-22500-010-03 $165. 10-56723-020-01 $82. 10-72851-010-01 $412. 10-77031-010-01 $82. <*> $1,560. $1,560. 00 50 00 50 50 00 50 50 50 00* 00* ------------------------------------------------------------------------------- EXIT (E)7 [ J 6Y Agenda Information Memo November 2, 1998 Eagan City Council Meeting 1 ► ♦1 C 11 1\ • • ,1 1 / ►, 1111 • � � �• • ACTION TO BE CONSIDERED: To close the public hearing and approve / deny / continue the vacation of public right-of-way within Gopher Eagan Industrial Park 1" Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City Council received a petition by John Allen of Industrial Equities, LLP, to vacate Kutoff Drive and Yankee Doodle Court rights-of-way at the October 6, 1998 City Council meeting. • This request is due to the replat of Lots 1-16, Block 1, Gopher Eagan Industrial Park 1" Addition, to Gopher Eagan Industrial Park 5' Addition. • The site improvements for Gopher Eagan Industrial Park 5i° Addition depend on the vacation of the excess rights-of-way. • Kutoff Drive and Yankee Doodle Court were never constructed and were intended to facilitate previous development proposals that did not occur. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ISSUES: • The Engineering Division has reviewed the proposed plat of Gopher Eagan Industrial Park 5' Addition to insure replacement easements would be provided with the final plat. This final plat is scheduled for Council approval under the Consent Agenda. However, if for some reason, this final plat is not approved, the Council should just close the Public Hearing and continue consideration of approval to be concurrent with a future final plat action for the Gopher Eagan Industrial Park 5' Addition. ATTACHMENTS: • Location map, page 94 / • Vacation description and graphic, page4?and / G 6 �" ROAD tDAjr o� Lr LONE OAK ROAD I CO. RD. 26 -------- --I MCC � I � I I ' TI i N �'t sy V, NWYNo. 55 LLJ U Cr RITA T. opo P'� r p � J \ J 5 HILLSIDE CT. x' II YANKEE DOODLE R0. ioll > _ RD_ PROPOSED SITE 7IVY CT. J/f�. l SECTION 12 F— C' W J � I Lil --- .- ; BILK U p r ` � h 0: > ROLLING CIR. MLLS YANKEE D E CT. i R . city of eagan PUBLIC LOCATION MAP $ WORKS DEPARTMEN DESCRIPTION FOR: INDUSTRIAL EQUITY 61896-035 SCHOELL 8 MADSON. INC Engineers • Surveyors * Planners Soil Testing ♦ Environmental Services 10580 Wayzata Blvd Minnetonka, MN 55305 612/516-7601 Fax 612-546-9065 DESCRIPTIONS FOR VACATION OF PUBLIC RIGHT OF WAY That part of Yankee Doodle Court as dedicated on the record plat of GOPHER EAGAN INDUSTRIAL PARK 1ST ADDITION which lies southerly of westerly extension of the north line of Lot 7, Block 1 in said plat. That part of Kutoff Drive as dedicated on the record plat of GOPHER EAGAN INDUSTRIAL PARK 1 ST ADDITION which lies southerly of the easterly extension of the north line of Lot 1, Block 1 in said plat. Date: September 17, 1998 ,�" � Theodore D. Kemna Land Surveyor MN Lic. No 17006 6 Page 1 of 2 city of eagan PUBLIC LMWORKS DE PARTME - • � - 41� Y�J �.T.T MM..YI / M — - R[[[T To e� I / u � � Y , �Gftu RIGHT-OF-WAY VACATION EXHIBIT r•�- WOW TRIAL [oU71F {, LV. w ma RIGHT-OF-WAY VACATION EXHIBIT Agenda Information Memo November 2, 1998 ACTION TO BE CONSIDERED: To continue the public hearing for the vacation of a sidewalk easement, within the Park Center 5h Addition (document no. 13005774) from November 2, 1998 to November 30, 1998. FACTS: • City staff received a request from John Payton, Westwood Professional Services, Inc., to vacate a city sidewalk easement within the Park Center 5'" Addition. Centres Group Eagan, Ltd. is constructing a theater at this location northwest of the intersection of Cliff Road and Cliff Lake Road. • On October 6, 1998, the City Council received the petition and set a public hearing for November 2, 1998, to vacate said ten -foot sidewalk easement. • The purpose of the request is to allow Centres Group Eagan, Ltd. to construct a new sidewalk in a revised location to maintain the continuity of the existing sidewalk system while allowing them to construct the required parking. • The request would vacate the existing 10 -foot wide easement and replace it with a new 7 -foot wide sidewalk easement adjacent to Rahn Park. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action upon recording of the new easement. ISSUES: • The City is required to publish the vacation notice for a period of two consecutive weeks preceding the public hearing. • Although the notice was provided to the paper, the notice was not published. • Continuing the public hearing from November 2 to November 30 would allow the city the time to provide proper notice in the publication. ATTACHMENTS: • Location map, page aacaion, • Proposed Easement page 2L • New Easement, page ��. (t)4qm _r I rAEEK� CT ♦200 - - - i DFFLERD. CEDAR mlow's, OMAN C— i CEDAR POND C PARK a �I A t� CORAL La. T I_ ERIN DR. CLF;*V W DR. 4GLEW I � i MON FFALL s. � z, � 5�0TT � � PARK I � RD. CLIFFS RD. C. LJ city of eagan PUBLIC WORKS F DEPARTME PROPOSED EASEMENT VACATION r" SECTION 30 LOCATION MAP ?0 iPMUWC CT d TWER ADGER R\ o WAY III CT. PROPOSED EASEMENT VACATION 3KHIBIT A SIDZWALK EASEMENT NOf1TN UNCI LOT 4 ■�nclt 1 -�- - _ / N.COR LOT 1 7 - ISa.1 - PO O 2334 OsaO'0000' _ ^IOneZ e.1e.00' N ee•is'fa',a W s.25 A. se-10,zz" s.15.00 41,- k 17:22 -L64 41,we (� Cl SIDEWALK EASEHENr DESCRIPTION A 10.00 toot easement for sidewalk purposes over,'upon, along, through, and across the following described property: Lot 1, Block 1, PAxx crmmx tIPTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. The centerline of said easement IN described as followsr Beginning at a point in the north line of said Lot 1, Block 1 distant 158.74 fast west of the northeast corner thereof; thence southeasterly on a curve concave to the nortbeast, central angle 90 degrees 00 minutes 00 seconds and radius 15.00 feet 23.56 feet; thence North B9 degrees 58 minutes 36 seconds Last, parallel with the north line of said Lot 1, Block 1, a distance of 100.52 feet; thence southeasterly on a tangential curve concave to the south- west, central angle 35 degrees 19 minutes 32 seconds and radius 15.00 feet 9.25 fsetr thence South 54 degrees 41 minutes 50 seconds East, tangent em the last described curve, 17.22 feet to the southeasterly line of said Lot 1, Block 1 and there terminating. The side lines of said easement shall be prolonged or shortened to terminate in the southeasterly line of said Lot—l. a BOERHAVE LAND SURVEYING 14217 Miloka Circle K.E. Pnor Lakc. Mlnnca m 55772 612j 5-915 SIDEWALK EASEMENT SKETCH R t ticii r iy c.ti -,c.�i -Ewwe <, \ m An eas nn&nt for nidewolk PyrPoses O</Ot' that port of Lor I. Block I. PARK C£Nrt nrrH ADDITION, accordmnq to the recorded plot lhereo( Dakota County. k/Nlnevoto, described as follows' The north 700 feet I).nq east of Me vest 10700 feet of said Lar 5n 1'. 50 Net Centre# Group Eagan, L. TA WW"twooe Profess onol Serkice5, Inc caw+ hww. Iw 55J.. /617) OJ7-5150 eF CRU I pare. 2/2e/98 I'be Ne 97!95 hJ9sr Oxc Agenda Information Memo November 2, 1998 ACTION TO BE CONSIDERED: To close the public heating and approve the final assessment roll for Project 733 (McKee Additions - Street Reconstruction and Utility Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 733 provided for the reconstruction of the streets, upgrade to concrete curb and gutter, installation of additional storm sewer, and the repair of a portion of the sanitary sewer within McKee Addition and McKee 2nd and 3rd Additions. The neighborhood is located northeast of the intersection of Lexington Avenue and Lone Oak Road. • The final assessment roll was presented to the City Council on October 6, 1998, with a public hearing being scheduled for November 2 to formally present the final costs associated with this public improvement to the affected benefiting properties. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an informational meeting was held October 27 to address the property owners' questions and provide any additional information of interest. Of the 88 parcels being assessed, only 6 property owners representing 5 properties attended the meeting. ATTACHMENTS: • Final Assessment Roll Summary, page 2Y. • Minutes From Informational Neighborhood Meeting, pages -25—� through —22 9,� PROJECT HEARING DATES NUMBER - LU ASSESSMENT - November 2. 1998 NAME - McKee I" uah 3 d Additions IMPROVEMENT - Apri121, 1998 Street RecongtructiM IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.-Feasiblity Report FINAL ❑ Trunk ❑ Lateral ❑ Service ❑ Lot. Benefit/tnmk ❑ WATER Tnmk ❑ Lateral ❑ Service ❑ Lat. Benefit/mink ❑ WAC F.R BATE UNITS STORM SEWER ❑ Trunk ❑ Lateral ❑ Lat. Beaefit/trunk STREET ❑ Gravel Base * Surfacing ❑ Res. Equiv. ❑ Multi. Equiv. ❑ C(I Equiv. ❑ TraiVSidewalk FINAL F.R BATE BATE 1 'IlIITS (1)S2S00.00 (2153228.55 /LOT SERVICES MERTLIGHTS ❑ Water & San Sewer ❑ Installation ❑ Energy Charge CONTRACT NO, OF INTEREST AMOU T CM )YQ, PARCEj—R TEEM RATE ASSESSED MANCFD SM&OSS F R 5152.075 F.R. 98-13 141 15YCiLS 6.5% 5285.1100.00 5235.785.24 COMMENTS6 (1) Rate is based on appraisal (2) F.R. rate was recomputed based on 114 lot units Y CITY PROJECT NO. 733 ASSESSMENT INFORMATIONAL NEIGHBORHOOD MEETING McKEE ADDITIONS STREET IMPROVEMENTS TUESDAY, OCTOBER 27, 1998 7:00 P.M. COMMUNITY ROOM Attendance Russ Matthys, City Engineer; 6 people representing 5 properties (see attached sign- up sheet). A. Welcome and Presentation • City Engineer Matthys welcomed the property owners • City Engineer Matthys presented a summary of the Final Assessment Report and responded to questions B. Question/Comments Can we deduct the assessment portion of our county tax statement from our income taxes' Typically, no, you aren't supposed to deduct the assessment portion from your income taxes. Please check with your tax consultant/preparer 2 The curb and gutter is still a mess on Beatrice Street. It has black marks on it. The contractor incorrectly placed tack coat on some of the curb and gutter I thought they had cleaned all of it off I will see to it that all of the remaining curb and gutter is addressed (Upon inspection it was apparent that the black marks were from rubber tires, perhaps from contractor or public Resident was told that it should wear off over time ) 3 There are chips in the concrete apron at 1050 Beatrice Street. The curb and gutter is transitioned weird at the driveway opening. Sod is too high at the back of the curb and gutter — can't mow. Dead or thatch filled sod in spots at same address. Street is beautiful. City staff will review the chips If significant, the concrete will be repaired/replaced (One nickel sized chip on rear edge, not surface.) Concrete curb and gutter at driveway is all hand -work, shouldn't be that different from all the rest, but each one is unique Sod will be checked It will be regraded or replaced as needed 4 We were promised two replacement trees due to the removal of the large maple tree in the storm sewer easement (1068 Keefe Street). There were not any trees installed as part of this project The City does have a tree replacement program due to the '98 storms called Forever Green Did you participate in this program' No. 1 will check on the availability of trees yet this fall or there will be another distribution in the spring 5 1 participated in the Forever Green program. I appreciated it, but they needed to be more organized at the Pilot Knob Road distribution center. 6 1068 Keefe Street needs a soft spot filled with topsoil under the sod where the maple tree was removed. The sod is also a little low on the opposite side of the driveway. There is a crack in the concrete driveway apron caused by the contractor. I will have all of the items reviewed by staff The apron should not have cracked It may need to wait until spring to be replaced There is a one year warranty on the project work 7. 1038 Kenneth Street has lawn edging sticking up at the end of the driveway. The end of the bituminous driveway is rough, like a washboard. Staff will see to it that the lawn edging is addressed. We will review the driveway. There is a piece of equipment that can reheat the bituminous so that it can be rolled again 8 What is the total cost if the 52,500 assessment is distributed throughout the entire 15 years with the 6.5% interest? About 53,900 (Actual 53,814) 9 The contractor and inspectors were very accommodating throughout the project. They knocked on doors to let us know what was happening. NAI 1. 2. 3. INFORMATIONAL MEETING MCKEE ADDITION TUESDAY, OCTOBER 27,1998,7:00 P.M. 4. 5. OVe K..ac �7Xit•-'ti' 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. H: FORMSISign•In ADDRESS Aj / U s 0 'bean» c - .Sr. Agenda Information Memo November 2, 1998 Eagan City Council Meeting A. ORDINANCE AMENDMENT CHAPTER 6, TOBACCO LICENSING ACTION TO BE CONSIDERED: To approve, deny or approve with modifications an amendment to Chapter 6, Tobacco Licensing FACTS: • During the 1997 legislative session a state law was passed with the primary purpose of reducing illegal youth access to tobacco products • The City of Eagan has been working with other Dakota County Cities and the County to develop a model countywide ordinance for consistency in enforcement among the various jurisdictions. • At a Special City Council workshop on March 24, 1998 direction was provided to the staff regarding the City Council's desires for options to include in a revised tobacco ordinance to address the new state law. That direction was based on the policy decision that Eagan would continue to license tobacco and provide enforcement locally and not leave it to the County by default as one of the options contained in the state law. Specific options on which direction was provided include the following. 1. The City prefers the complete ban on vending machines 2 The self-service regulation should be consistent with the Minnesota State law banning only single packages of tobacco and not be more restrictive. 3 Fines for violation of the ordinance should be as presented in the model ordinance 4 A regulation requiring sellers of tobacco products to be above the legal age of 18 should not be considered • Other options suggested by various groups for inclusion in a new ordinance were considered unnecessary at this time. • Staff was also directed to check with neighboring communities in an effort to maintain some continuity. As of this date, Burnsville and Rosemount have decided to turn licensing and enforcement over to the County. Rosemount previously handled the licensing for their City Apple Valley is still considering a revised local ordinance. • Eagan's proposed ordinance amendment seems to be quite close to where the model ordinance was going, although the model ordinance has not been finalized at this time The primary difference is that the model seemed to be going in the direction of a greater ban on self-service by eliminating it entirely where Eagan has opted for the single pack ban only. • Out of fairness to our license holders, staff would like to be able to process license renewals for 1999 under the terms of the revised ordinance 91 Pending City Council approval of the revised ordinance, the licensing fee will be addressed at a later meeting ATTACHMENTS: Proposed ordinance amendment on pages b0 through Minutes of the Special City Council meeting of March 24 C 79' 8998 on pages ?� through SEM' BY: 10-30-98 : 13:06 : SEVERSON SHO -DON- 612 681 46124 2/10 ORDINANCE NO. 2ND SERIFS AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTr= "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.34 REGARDING THE SALE, POSSESSION AND USE OF TOBACCO, TOBACCO PRODUCTS AND TOBACCO -RELATED DEVISES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapt r 6 is hereby amended by changing Section 6.34 to read as follows: Sec.. 634. Tobacco. Subd 1._Pure. The Ciq recpgnius that manxpersons under the eY�1f 18 yeas purcbase or otherwise obtain press and use ts�_30l)3co0 prodgcts and tobacco related devices, and such sales, possession and use are violations of both state and federal laws. Thus, the City int®ds to rMulate_the sale, possession and use of tobacco. S4basc9 products and tobacco related devices for the m pose of eafamina and fwthcring cxistin2 laws, to Mvcnt and protect minors against the illegal use of tobacco. tobaccomducts and tobacco related devices, and to further the official nnblic Rolicv of the State of Minnesota as stated in Minnesota Statutes. Section 144.391, in regard to R even minors from stating to smoke. Subat 1. De. inirionr. The following Berms, as used m this section, shall have the meanings stated: reletoddevioee;-e»d orgy That cigarettes: cigars� pipe tobacco: snuff_ fine cut or other chewing tobacco cheroots; stogies; perioue; granulated, slug cut- crimp cut. rmdv-ribbed, tobaccos; dipyiu tobaccos: refuse scraps, clippings, cuttings, and ZO P-' 612 432 3780 10-30-96 01:IIPY P002 C:: SF17 BY PI. C. 10-30-98 : 13:07 : -'EVERSON SN IYA- 612 681 4612:9 3/10 pwygings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing. sniffing or smoking. For purposes of this section, a tobacco or tobacco product includes both individually packaged items, such as a pack of cigarettes or a can of chewing tobacco, and cartons containing two or more individually wrapped ]trod tobacco products. intended to be used in connection with chewing, saiffmg-smoking or using tobacco or tobacco products, including a pipe, rolling papers, tobacco or tobacco product catxying case or lighter, Self-service m2ereAigndise merch=&si-T means oMn disRlays of tobacco. tobacco pE2ducts or tobacco related devices for employee. For purposes of this definition. self-service merchandising does not include vendingrnachines. Vending machine means payment; dispenses lebeew pmdasts any mechanical, electric or electronic, or ottlg- twe of • qr: � ��• :_fid n � : � � � �.�...•l� • • • : � � • • �. E, Individually nackafed means the practice of selling any tobacco or tobacco clgorcttcpacks: F. Loosies means the common term used to refer to a single or individual]y wrapped curette. IN o 612 432 3780 . ..=:. n;: SENT BY: 10-90-98 : 19:07 : SEVERSOM1 Sly-• 612 681 46124 4/10 G- Minor means apy_person under the are of eighteen (18) years. H. Reiad Esiubh5hmenr means anyplace of business where tobacco. tobacco [_A�bTeable Place ofhutincss shall mean wry form of business operated out of a truck vm automobile, or other tape of vehicle or transportable shelter and not a fixed addraas store frnnt or other permanent tvDc of structure authorized for sales transactions. J. Sale or Sell means any transfer of goods for money, trade. bat= or other consideration. K. Coryliance Checkc mMns the enforcement system the City uses to and tobacco rclatcd dcvicFs training Purposes as authorized by state and federal laws. L. Hearing Officer mo4tn9 the City Administrator or any other city cmplovcc duly appointed by the City Administrator. Subd 2- 3 License required It is unlawful for any person to, directly or indirectly, keep for recoil sale, sell at retail, or otherwise dispose of any tobacco, tobacco Product or tobacco-rclatcd devise without a license therefor from the city. The license "uif�m . -mater Subd 4. License application Ap2lication for a license to sell tobacco. tobacco products or tobacco related devices hereunder shall be made on a form provided by the deems necessary. Upon receipt of the cpmWeted a2plication and license fce, the City Council shall take action on the license AppLiQAfion at the next regularly schedWed City Council meeting. If the City Clerk determines that an application -is rommRle[c hC Qr sbe 6116P Lot MIMMID�163. R-93% 612 432 3780 10-30-96 01:11PN P004 n44 SENT BY: 10-30-98 : 13:09 : SF`E zso% SHElD - 612 681 46123 5/10 Subd S. Amnon license appllcauon The City Council may either approve or deny the license_ or it may delay action for such reasonable period of time as necessary to A. TILe applicant is ander the age of eighteen (,18) years. �. The applicant has been convicted within the PMt five years of any violation D. The apohcant fails to DrQyide information required on the jRo icarion or provides false or mislcading iafarmation. F. The applicant is prohibited by federal, state or other local low, ordinance or other regulation from holding, such a license &bd 3 6. Curditiuns of license. A. Separate h c5nsm shall be issued for the sale of tobacco,QLjcc product or tobacco -related dcNiscs at each fixed place of business; and no license shall be issued for a moveable place of business. � •! i rte. :, SENT 8Y 10-30-98 : 13:10 : SEVERSON SHELDON- 612 681 46124 6/10 Subd 7. Duration of license- All beenscs issued under this section shall expire on Dy., mber 31st of eacb year. Subd 4 8. Suspension or revocation A. A licensee's authority to sell cigarettes at a-speci€s the licensed Incation will my be suspended for a violation of this section. 6 P. In the cast of suspension, there shall be no license refund. P C. License revocation may be instituted following a misdemeanor or petty misdemeanor conviction under this section of any offices, director, manager, or other agent or employee of any license. I Subd. 10. Moveable place of business. No license shall be issued to it moveable place of business. Subd. 11. Displav of license. All licenses shall be posted and displavcd in plain view of the g_cucral public on the licensed yremiscs, 612 432 3780 10-30-98 01:11PM P006 L44 SENT BY: 10-30-98 : 13:12 : SEMY30% sHa-DON- 612 681 4612:9 7/10 Subd 13. License fees. No license shall be issued under this section until the license fee is Raid in full. The fee for a license under this scotion shall be in an amount set forth by cily council resolution. .Subd 14. 1Inlawful sales. It shall he unlawful for an}Eperson to sell or offer to sell any tobacco, tobacco product or tobacco related device: A. To any person undcr the auc of eighteen ( 18) years: C. By means of self-servi;e mcrchandisinit of individually packagcd tobacco or tobacco products: D. Containing opiurn, m rg phipc. jimson weed, bella donna, s"chaos. cocaine, marijuana, or other deleterious. hallucinogenic, toxic, or controlled substances except nicotine and vOicr substances found _Mturally_' tobgcco or added as part of an otherwise lawful manufacturing process. Subd 13. Self-service sales. All tobacco, tobacco products and tobacco related devices which are individually packagcd shall be either starch hehind a counter or other area int;ludiuu� a case or other storabc _unit which is not freely accessible and not left within 30 days of the effegive date of this section. Subd 16 RoMmiblllly. All lic®aees undcr this section shall be responsible for regulation. ensure cote Wince with the provisions of tbis section. Such comphancc cheeks shall to Puha c tobacco. tobacco O-du:;N or tobac d SENT BY 10-30-98 : 13:13 : SEVER.SON SHE DON- 612 681 4612:9 8/10 A. Il eal possession. 1t s unlawful fox any minor to have in his/her yossessioL ful$1linghik dtifics as an emylovee of the hc"g rc in m retail sale g Inrtmr. It shall be unlawful for am person to purchase or Qths>�Qb mn.for or pTevide to any' many unlawful for any person to coerce ortome minorto ---illegally D. {Ise of false identification, it shall be a violation of this section for any minor to attempt to diguisc his/her true _age by the use of a false form of idcntification. whether the 'dentili hon is that of another �4rsr or one on hie The of the tfeison has mo ' ed or tamper with eo repr senit an au o actual a e f thepmon. It 512 432 3780 10-30-98 01:11PY P008 #44 SENT BY 10-30-98 : 13:15 : SEVERSON S14R.DON 612 681 4612;0 9/10 his/heT fito bLhqgd trn the accu§gigni shall be, issued and served g on the vio1aWL41nersonly or pail, violet 7's mqacstfqr a bei p, ecuion. UM ;IuslQn o the hewing offices issue 612 432 3780 Written d1II Of t _L4Jin d Cl IUnS who CSy101 071 occurred and whelher tht_ ed vio 07 ' d i o f the bcaririg o cer _ tt n _ ndia s of fact and conclusions shat! be provided _.........A ..:.,1...v v tthr- hrArinr officer finds that no violation .rl 'may anneal the decision I ldr ,� he hcarin ffi er rn c district court. F Misdemeanor n l se tion r o an o 1 ion o s stip n..rnwd nn [; Cnntinued vinlatt n h dew chyl0latlQn_n<6u7s Or cor►tlnues sha11 conar&fi a separate offtse. l4 Puri - 1. Licensees. h nwe A tn hmvr. vinlsttd thi r 'once r . . yl! . a. i .� .• � 111 . �nl. . 2, then indrvuhmlc I %n aLs. othermors rc ted b subnaraKzanh herein, found to be in violation of taus sectiog shall be g,b ed an administrative fee of UQ -00- 7 9 0.00. 79 612 432 3780 i�II�I�T.�'I:=�iRt! o •�1.LIi:Zi7 aF agim l 10-30-98 : 13:17 : SB R50\ SHaj)ON- 612 681 4612310/10 3. mors, MbM found in unlawful 55e9si n of or who uWawfiAla pWcbase or attcmut to arc se tobacco tobacco t)m s o lobaCQQ rekwd d vices shall bg bandled in the same man -ter as any mile or minor chuged with a viola on of the law .;„•, in ffiis 9cclion minor as part of it lawuully rcwgUjjjd religious, Spirituai cWtural Wernorry, , o, , u ,, .: n ,l .y� :. B. eliance of proof of axe t $ball be an affirmative defense to the violation of this m on for a Ryrso to have reasonably relied on proof of eae at de_ scjdkpd by state law. Scoon Eagan City (,ode Cbapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation- and Section 6.99, entitled "Violation a Misdemeanor' are hereby adopted in their entirety by reference as though repeated verbatim Section 3. Effective Date. This ordinamc slmll take effect upon its adoption and publicaticm according to law. ATTEST: By. E. 7. VanOverbeke Its: Clerk CITY OF EAGAN City Council By: Thomas A Egan Its: Mayor Date Ordinance Published in the Legal Newspaper: 00)109 Page 7!Special City Council Minutes March 24, 1998 Mayor Egan stated that this item would more than likely come back to the City Council at a regular City Council meeting in either May or June, and then thanked Mr. Vincent and Ms. Luchka for their presentation and comments. TOBACCO ORDN NCE City Administrator Hedges stated, that during the 1997 Legislative Session, a state law was passed with the primary purpose of reducing illegal youth access to tobacco products. He further stated that considerable discussion has taken place at the state, county and city levels regarding the appropriate mechanism to implement the law in individual cities. Director of Finance'Cip Clerk VanOverbeke stated that Dakota County cities have discussed the merits of having a similar ordinance county wide. He further made reference to a letter that was addressed to all communities from the County Administrator, Public Health Director and Dakota County Ciry Managers Group. Director of Finance VanOverbeke reviewed the Model Tobacco Ordinance that was developed using a League of Minnesota Cities Model Ordinance. He stated that there are additional options for reducing youth access to tobacco that will require policy direction by the City Council before the Tobacco Ordinance is finalized He reviewed five (5) options which include, 1.) a complete ban on vending machines, 2.) further regulation of self service of tobacco, 3.) consider regulation requiring sellers to be above the legal age of 18, 4.) offer incentives to passed compliance checks, and 5.) establish the amount for administrative penalties. Director of Finance VanOverbeke first reviewed the potential ban of vending machines stating that the current Tobacco Ordinance states that vending machines cannot be in buildings where minors have access After some discussion by the City Council, since evidence has proven that compliance checks conducted in the establishments where minors are not allowed, they have found that not onh can minors enter, but have successfully purchased tobacco. The new ordinance should provide language that includes a complete ban on vending machines. Director of Finance VanOverbeke presented a second option regarding the ban on self service tobacco stating that the proposed ordinance bans all self service which is stronger language than provided in the state law. He stated that the minimum state law bans only the self service of tobacco sales when it involves a single package of tobacco. He stated that many establishments sell a tobacco package, combining two or three packages of tobacco into a multi- pack, which is permissible under the self service regulation. After a brief discussion on this item, City Councilmembers agreed that the self service sales regulation should be consistent with the Minnesota State law banning only single packages of tobacco under the self service regulation. The Director of Finance also reviewed compliance checks and the administrative penalty issues that require public policy direction. Chief of Police Geagan reviewed the results of compliance checks that are made on a routine basis by the Police Department. He further stated that he would prefer that the ordinance require the City to conduct the compliance checks stating that it would be virtually impossible for the County Sheriffs Department to run compliance checks on 50+ establishments that currently sell tobacco products in the community. After Page 8'Special City Council Minutes March 24, 1998 0('109 further discussion on the item, City Councilmembers determined that the City of Eagan should enforce the ordinance and provide the compliance checks. Director of Finance VanOverbeke stated that the final policy consideration is in regards to the administrative penalties. He stated that the penalties arrived at by the Legislature were a compromise. Chief of Police Geagan stated that tobacco sales, in many cases, represents a high Percentage of retail sales for those establishments selling tobacco. He stated that increasing the license fees will not have nearly the impact that a license revocation would have if an establishment violates the Tobacco Ordinance. After further consideration, it was the consensus of the City Council that the fines be left as presented in the proposed ordinance. Direction was provided that a regulation requiring sellers to be above the legal age of 18 could cause a hardship, additional enforcement problems and would probably not improve compliance and, therefore, should not be considered. Director of Finance VanOverbeke stated there are other regulations the City Council could consider such as limiting the number of tobacco licenses within a prescribed distance of schools and putting a cap on the number of tobacco licenses that the City may issue to establishments. City Councilmembers stated these requirements are not necessary for the ordinance. City Councilmember Wachter stated he would like public policy that would restrict the number of advertising signs for tobacco products for each establishment. City Councilmember Awada questioned whether signs have a significant influence on young people using tobacco related products. After further discussion and a consensus by the City Council, Mayor Egan asked that the restriction of advertising signs for tobacco related products be referred to the Planning Commission for their consideration when the sign ordinance is reviewed. Mayor Egan thanked the staff for its work in coordination of the Tobacco Ordinance and, further, stated that other Dakota County cities such as Apple Valley, Burnsville and Rosemount should be consulted in an effort to have some continuity with neighboring cities in the adoption of Tobacco Ordinances. GENERAL FUNT BALANCE City Administrator Hedges stated that the City has maintained a policy that the fund balance from the General Fund be at a level of 30 to 35 percent of the following year's operating budget. He further stated that the level is determined to be the amount necessary to provide adequate working capital for operations and to provide an additional reserve to deal with any emergencies, revenue shortfalls or opportunities. City Administrator Hedges sated that due to very successful years of operations in both 1996 and 1997, the Fund Balance has become higher than the overall policy target set by the City Council and, in order to meet the 35 percent level of the 1998 budget, a transfer of (4,122,612 is available. Director of Finance VanOverbeke stated, along with the City Administrator, they have discussed various alternatives for the use of the money. He stated that the most appropriate use of the available fund balance is to transfer it to the Equipment Revolving Fund and to the Debt Service Fund to defense those bonds. He further stated that the elimination of future tax levies through the use of the money is the highest priority and provides the most obvious and direct Agenda Information Memo November 2 Eagan City Council Meeting B. REQUEST TO DISCUSS LOCATION OF GENERATOR ON MUNICIPAL CAMPUS ACTION TO BE CONSIDERED: To approve, deny or defer Tim Dunn's request to relocate standby generator. ISSUE: A request from Tim Dunn to have the electncal generator for the Municipal Center campus relocated from its proposed location west of Denmark Avenue in W'indcrest Park to a location (undefined) next to City HalUPolice, BACKGROUND: In late 1996, staff began a preliminary review of the desirability to situating a generator on the Municipal Center campus to meet the emergency power needs of the Police and City Hall. In March of 1997 the Cit_N Council approved a feasibility study for a generator and in March of 1998 approved the preparation of plans and specifications for the project to proceed. The bid was awarded in late June. During the review process it was determined that the best location for the generator was at the proposed location near the sanitary sewer lift station. The alternative location was at the other "head end" at the Municipal Center near the existing power feed REQUEST TO RELOCATE: Staff set a meeting for October 5" with near by residents to determine the need and desirability for landscaping to help screen the generator from view. The generator is approximately 350 feet from the closest residential structure. Upon receiving notice of the meeting, Mr. Tim Dunn called the City to voice his objections to the location, requesting that it be relocated to the Municipal Center campus. Greg Ingraham, Consultant Planner, was brought into the process to provide a different perspective and help with a re -review of the siting issues and to assist with the screening design. In addition, staff has requested that Dakota Energy Alternatives Inc. also re -review the issue of locating the generator near the Police/City Hall building. As of the writing of this memo, Dakota Energy Alternatives is still working on a response to the various issues raised. ATTACHMENTS: • Enclosed on page 9 is a copy of letter from Tim Dunn • Enclosed on page -1q3 is a general site location map. • Enclosed on pags a copy of Mr Ingraham's letter and attachments. • Enclosed on page is a copy of Ken Vraa's letter to Dakota Energy Alternatives. G meUgmeram ¢bortim �j Mayor Tom Egan and Council October 08, 1998 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Location of power generator in Windcrest Conservancy Park Dear Mayor and Council: We recently met with C.J. Lilly and staff in response to your September letter requesting input on landscaping for the proposed power generator that will service the Municipal campus. The neighborhood is upset that the council did not seek our input in locating this generator. I met with Tom Vagts from Dakota Electric and its clear that the generator can be located next to the Police station. Moving the generator to your Municipal area is the right thing to do. We were told that the Police station location would cost more money, because of screening costs. These costs should be more than offset by not needing to construct a very long and wide bituminous roadway through our neighborhood play area. This generator represents a noisy, smelly intrusion into our neighborhood. Not to mention the fact that Windcrest Park is a conservancy park which purpose is to "conserve and manage sensitive natural areas in the community." This generator is too large and obtrusive to even consider placing in a residential neighborhood. We the friends of Windcrest Park are requesting you move the generator to your Municipal campus. We are requesting that the council put this issue on some upcoming agenda, so the neighborhood can voice our concerns in person. Sincerely, FRIENDS OF WINDCREST PARK cc: Pat Awada, Bea Blomquist. Sandra Mason ,Theodore Wachter 0 n.n ......v .N �u s•1d�✓J 1f•N 1iJ ��n1 Ib October 6, 1998 lrneuepr rrdnrnre Tom Hedges, City Administrator /W 1`46r,.p f pngn City of Eagan Irre use r4remp 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Municipal Center Emergency Generator tiT7"11111io i t The following are my impressions and suggestions based on the neighborhood meeting held on October 5, 1998: A.) Neighborhood Opposition The neighbors who attended the meeting (4 homeowners who live near the lift station site) are opposed to the hft station generator site. They were not interested in discussing landscape screening ideas. They do not want the generator to be located at the lift station site and do not want their view or "their park" changed. They will be requesting this issue be brought up with the City Council and the% will ask that the generator be located at the Police Station site. They are upset about the pool project and this issue further compounds their frustration. B.) Lift Station Site 1 feel the lift station site is the appropriate location. In order to minimize the scope of the land alteration, I recommend the following revisions: 1. Reduce the generator and related equipment footprint to the minimum needed for proper function. 2. Reduce the access drive to 12 feet wide. 3. Do a tree survey of the construction area and preserve the maximum number of healthy trees. 4. Add landscaping to screen the generator and related equipment. 5. Offer to add landscaping to help screen the existing lift station and electrical pedestals. 6. Show comparative raise and emission information for this generator. 2659 0apor, Write South Suite 100 Mmneopk Nh 55408 1612:3772500 16121377 1010 - , CA Police Station Site Further evaluation is needed to determine the feasibility and added cost of placing the generator at the Police Station. 1. Can the existing generator be removed and replaced by the new larger generator? I have heard two conflicting opinions regarding the need to keep the existing generator. Perhaps Ton Vagts could speak with Eagan Police or the Bureau of Criminal Apprehension to determine the specific requirements. If the existing generator must remain, the area for the new generator is further reduced. 2. Potential conflicts with existing underground utilities should be evaluated. This could dramatically effect the construction cost. 3. City Hall and the Police Station appear to be at the standard setback of 50 feet from the Pilot Knob Road right of way. If the generator and screen wall are determined to be a "structure", a variance to the setback requirements may be needed. Attached is a copy of the analysis of the emergency generator site alternatives. I presented this information to the neighbors, but they did not request a copy of the report. Please review these items and call me if you want m} firm to further address the above issues. Sincerely. Greg Ingraham. AICP President CC: Ken Vraa C.J. Lilly Tom Vagts, DEA 9S Eagan Municipal Center Complex Emergency Generator Location Analysis Electrical Site Plan Alternatives Introduction The City of Eagan plans to install an emergency generator to supply power to the Municipal Center Complex (police, city hall and life safety) and utility lift station during a power outage. The generator will ensure that electrical service to the area is not disturbed during a blackout. The following summary is an assessment of three possible locations for the generator site The assessment is based on the following major issues and applies an estimated additional cost to each alternative. This additional cost is the cost to the city in addition to the original plan. The original plan included the placement of the generator and supporting entities at a site already near an electrical switch and the creation of a 15' access drive for maintenance Major Issues Electncal Switch In order for the generator to perform properly and not damage the existing infrastructure, it must be located at a "switch" along the electrical line. Two switch sites exist within the City Hall Complex, one near the intersection of Pilot Knob Road and Westcott Road, and one near the southeast corner of the site. If the generator is placed at a site other than the two switch locations, a new switch and additional cable and communications are necessary, which adds costs to the project. The minimum additional cost would be $35,000, plus any screening that may be necessary. Visual Aesthetics The City of Eagan is interested in placing and screening the new generator in a way so that the new structure is not visually obtrusive to neighbors and passers- by The City plans to provide whatever screening is necessary to provide an aesthetically pleasing site plan Noise disturbance is not a major issue, as the noise created from the new generator will be less than that of a car idling. Access The new generator must be located at a site with drive access available In order to fuel and maintain the generator, a vehicle must be able to have access to the structure This plays an important role in the selection of the site, in order to place the generator on a relatively easily accessed area us�hn�� Site Alternatives Alternative A Alternative A is located near the southeast corner of the new pool next to an existing lift station and utility access (see map). This site is currently vegetated on the north end of the drive, which is where the siting of the generator is proposed. This site alternative was chosen for the ability of the vegetation to hide the generator and the ease of bringing a drive off an existing utility access This alternative incurs an additional cost of approximately $3500 for additional and buffering with vegetation (see table) Consultant recommendation for this site would be to protect and preserve as much of the woody vegetation as possible to provide an immediate and permanent screen from the neighborhood residents, and to selectively place new landscaping to further screen the generator. Alternative B Alternative B is located near the police station on the corner of Pilot Knob Road and Westcott Road. Several utilities and a screen wall already exist in this location which is near the parking lot for access The existing utilities include a small emergency generator and storm and sanitary sewer lines. The existing generator is a requirement for the police station and serves life safety functions Alternative B would include the removal of a portion of the existing screen wall. The new generator would be sited directly south of the existing generator and would require an extension of the screen wall. The additional costs for this plan would be the revision of the existing wall as well as the construction of the new section of screen wall. The screen wall would act as a visual barrier from the roadway. Additional costs are estimated at $16.500 Altemative C Alternative Site C is located near the newly constructed ice arena building and parking. Placement of the structure would be behind the buildings, near the parking lot and drive so as to provide access to the generator. Site C is not located near a switch and would therefore incur a large additional cost to the project. The new generator would require a new switch, new communications and additional cable connecting it to an appropriate switch site. The site would also need to be screened with vegetation so it would not be visually obtrusive Additional costs would be from $40,000 to $55,000 Recommendation Alternative A (lift station site) is the best location for the generator. Care should be taken to protect existing vegetation, and the City should work with adjacent residents to selectively place landscaping to screen the generator. Alternative B is acceptable but has a high ($16,500) additional cost and has many conflicts with existing underground utilities. Alternative C is not acceptable due to costs and space limitations asit��ili Eagan Municipal Center Complex Emergency Generator Electrical Site Plan Alternatives i—� __Site--Advarrtayes Tgsadvanta�s--�j�,ddMfpiMl Cost' - -- A . Existing utility . Existing vegetation for ' Private visibility - -- — easement screen I At site o1 epsting Some tree removal Supplemental s3,5pp ` electrical switch vegetative screening- -- - Existing utility access drive !�g2ggnb area _ -- --� Tafel addMioeN cwt for AMerned r A I M1 p — B Police station At site of exdsting Public visibility Revise exitrtirtg screen $1,500 _uWi!y arM - electrical switch wall _ Drive access available Erostinp utility conflicts Masonry wall to screen 515,000 CTNI.w c arena MW pw" W" _ new generator Setbadk limitations _ Limited space — — - Total additional ooet for AMamslire B !love access available Not a� site with electrical switch _ _it61i00 Additional switch, able, communications - Setback limitations _ __ Limited !_pace Vtsyatative scnaanirg - -- -- Total addklonal tit for AMsntMiw C S4o,l)00- --- -- $55,000 'Cost additional to original generator and associated ut lit es, located at existing vmW point. 3 e Eagan Municipal Center Complex , Generator Location Comparison O e Fair Poor Function switch Installation Space Acoess Lxility Conflicts Public View Private View Tree Removal Screening Additional Cost Existing utility easement . , , . , Q Q Vegetation $3,500 Site A Police Station utility, area , Q , e e Wall $16,500 Site B New civic arena rear area e 8 / e 6 Combination S40,000 - parking $55,000 Site C city of eagan As 1 mentioned on the telephone, the residents near Denmark Avenue have addressed a letter to City Administrator Hedges asking that they be placed on a Council Agenda in order to request that the generator be relocated near to the police building. This is scheduled for the Monday, November 2 meeting The residents letter states that you indicated the generator could go there, implying that there are no other issues that might prohibit it from being sighted there. Planning consultant Greg Ingraham followed up with a letter that indicates there were some question as to why the existing police generator could not be replaced with the new one. Residents may now believe that this is an option. It was my understanding from the electrical consultant that this was not feasible. The reason stated was that the new generator must be on the primary electrical line, while the police generator must be wired in aper the transformer. This was the requirement of the Department of Corrections since the existing generator is considered a life safer\ generator and supplies the electrical needs for the jail holding cells This requirement precludes the replacement of the existing unit Would you please re -review this issue with the electrical consultant and also with the appropriate staff from the Department of Corrections to clarify. It would also be appropriate for you and our electrical consultant to revicw the earlier data regarding the costs and constraints for the placement of the generator at the City Hall,'Police location that were developed early in this review process. If you believe that there is a location that presents an option from an electrical engineering perspective, please prepare a location map so this can be reviewed by other City staff, i.e. planning, engineering and inspections for compliance with other code requirements. Please try to have this completed and back to me by October 26" so there is ample time for review by the City. Thanks for vow ppetript attention to this issue. e Ken Vn—, Director of Park and Recreation cc: Tom hedges, THOMAS EGAN MOV0, October 15, 1998 MUNICIPAL CENTER 363C c KNOB rCAD THE LONE OAK TREE PATRICIA AWADA -OT EAGA1% MAMJESOTA 55122.1597 BEA BLOMOUIST 3501 "''-IAC-'.'A', -Z)1% SANDRA A MASIN THEODORE wACHTEr Mr. Tom Vagts C01nte Mq„wK Dakota Energy Alternatives, Inc THOMAS HEDGES 4300 - 220`" Street West C&v Ao .. "O -o, Farmington, M\ 55024-9583 E J VAN OVERBEKE CM Crrk Dear Tom, As 1 mentioned on the telephone, the residents near Denmark Avenue have addressed a letter to City Administrator Hedges asking that they be placed on a Council Agenda in order to request that the generator be relocated near to the police building. This is scheduled for the Monday, November 2 meeting The residents letter states that you indicated the generator could go there, implying that there are no other issues that might prohibit it from being sighted there. Planning consultant Greg Ingraham followed up with a letter that indicates there were some question as to why the existing police generator could not be replaced with the new one. Residents may now believe that this is an option. It was my understanding from the electrical consultant that this was not feasible. The reason stated was that the new generator must be on the primary electrical line, while the police generator must be wired in aper the transformer. This was the requirement of the Department of Corrections since the existing generator is considered a life safer\ generator and supplies the electrical needs for the jail holding cells This requirement precludes the replacement of the existing unit Would you please re -review this issue with the electrical consultant and also with the appropriate staff from the Department of Corrections to clarify. It would also be appropriate for you and our electrical consultant to revicw the earlier data regarding the costs and constraints for the placement of the generator at the City Hall,'Police location that were developed early in this review process. If you believe that there is a location that presents an option from an electrical engineering perspective, please prepare a location map so this can be reviewed by other City staff, i.e. planning, engineering and inspections for compliance with other code requirements. Please try to have this completed and back to me by October 26" so there is ample time for review by the City. Thanks for vow ppetript attention to this issue. e Ken Vn—, Director of Park and Recreation cc: Tom hedges, City Administrator /O O Greg Ingraham, Planning Consultant MUNICIPAL CENTER 363C c KNOB rCAD THE LONE OAK TREE MAI"NANCE FACILITY -OT EAGA1% MAMJESOTA 55122.1597 THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 "''-IAC-'.'A', -Z)1% PHONE (651)651 J000 EAGAN MINNESOTA $5122 FAX (651) 661-4612 Equol OPPOKUMV Emplover 6 (051)6 50 (651) 45' •550 FAX (65I)OV-450 T00 (e51)A54-55J5 tpO (651) 4544536 DD Agenda Information Memo November 2, 1998 Eagan City Council Meeting IX. NEW BUSINESS ACTION TO BE CONSIDERED: r To approve or deny a Conditional Use Permit to allow the establishment of a forklift sales, leasing and service facility upon a 1.7 acre site located north of Lone Oak Road and west of Lone Oak Circle subject to the conditions listed in the APC meeting minutes. e To approve or deny a Conditional Use Permit to allow the outdoor storage of forklifts and related materials upon the property upon a 1.7 acre site located north of Lone Oak Road and west of Lone Oak Circle subject to the conditions listed in the APC meeting minutes. FACTS: r The proposed use would occupy an existing 21,600 square foot structure that presently exists upon the site. Y No physical changes to the site's existing structure have been proposed. The applicant intends to utilize existing hard surface areas for off-street parking, forklift display and outdoor storage. r The applicant intends to utilize portions of the site's east parking lot for the display of forklifts and outdoor storage. The proposed display area would overlay two existing off-street parking stalls located at the southeast comer of the building. The proposed outdoor storage area is to be located in the extreme northeast comer of the site, overlaying four existing off-street parking stalls. The outdoor storage area would be screened via a fence (material not specified). r At their regular meeting on October 27, 1998, the Advisory Planning Commission held a public hearing to consider the Conditional Use Permits and recommended approval subject to the conditions listed in the APC meeting minutes. BACKGROUND/ATTACHMENTS October 27, 1998 A��P,C`� ,, Meeting Minutes page/0v2—/03 Staff report, pages 16 through �z o /0/ Page 2 October 27, 1998 ADVISORY PLANNING COMMISSION MINUTES DRAFT fail -wel ,I:" .I laely CONDITIONAL USE PERMITS RDO MATERIAL HANDLING COMPANY Commission Chair Hey] opened the first public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage and a Conditional Use Permit to allow selling, leasing, and service of forklifts at 1985 Lone Oak Circle located on Lot 2, Block 1, Eagandale Center Industrial Park No. 11 in the SW 114 of Section 2. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in the City staffs planning report dated October 21, 1998. Mr. Kirmis noted the background and history; the surrounding uses, and the existing conditions of the subject property. RDO Representative Don Webster stated that he was available for questions. Chair Heyl closed the public hearing. Member Frank expressed that he felt additional landscaping was necessary in the areas suggested in the staff report. Member Steininger inquired as to the type of fence material proposed as an enclosure for the outdoor storage area. Mr. Webster replied that this had not yet determined, but RDO would work with staff to find an acceptable material. Further discussion took place regarding an appropriate screening material. Discussion occurred regarding changing Condition #6 and #12. Member Carlson moved; Member Frank seconded, a motion to recommend approval of the Conditional Use Permit to allow outdoor storage and a Conditional Use Permit to allow selling, leasing, and service of forklifts at 2985 Lone Oak Circle located in the Eagandale Center Industrial Park No. 11 in the SW 1/4 of Section 2 subject to the following conditions: The Conditional Use Permits shall be recorded within 60 days of their approval by the City Council. 2. City Officials determine that limited outdoor display is customary and incidental to the proposed use. 3. The proposed outdoor storage area shall be shifted westward to lie not less than 40 feet from the adjacent Lone Oak Circle right-of-way. 4. Outdoor storage activities shall be confined to the rear area of the site within the area specifically designated on the site plan. /off Page 3 October 27, 1998 DRAFT ADVISORY PLANNING COMMISSION MINUTES 1 5. Forklift display shall be confined to the area graphically identified upon the site plan and limited to a maximum of two vehicles. G. The screening provided around the outdoor storage area shall consist of a solid fence. 7. The height of the materials stored outdoors shall not exceed the height of the fence used to screen such materials. 8. The site plan shall be modified to illustrate an ability to provide 44 off-street parking stalls as required by the City Code. 9. All trash and recycling containers shall either be stored indoors or within an enclosure in compliance with applicable City Code requirements. 10. All site signage shall comply with applicable provisions of the City Sign Code. 11. All building, parking/drive aisles, and landscaped areas shall be properly maintained. 12. Additional landscaping shall be provided along the east side of the property. 13. All exterior lighting shall be hooded and directed to deflect light away from adjacent properties and rights-of-way. The vote was 5/1 in favor with Member Steininger voting against. Member Steininger commented that his Nay vote was not a reflection on the proposed use, but rather the requirement for a solid fence when Roadway Company located near the subject property encloses its storage of trailers with chain link fencing. /03 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 21, 1998 CASE: 02 -CU -17-09-98 APPLICANT: RDO Material Handling HEARING DATE: October 27, 1998 PROPERTY OWNER: Teacher's Insurance & Annuity PREPARED BY: Bob Kirmis REQUEST: Conditional Use Permit LOCATION: 2985 Lone Oak Circle COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial RDO Material Handling is requesting approval of a Conditional Use Permit to allow: 1.) The establishment of a forklift sales, leasing and service facility and 2.) The outdoor storage of forklifts and add-on forklift equipment upon a 1.7 acre site located north of Lone Oak Road and west of Lone Oak Circle. The property is legally described as Lot 2, Block 1, Eagandale Center Industrial Park No. 11. The proposed use would occupy an existing 21,600 square foot structure that presently exists upon the site. Conditional Use Permit City Code Chapter 11, Section 11.40, Subdivisions 4C and 41) provide the following Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. /o y Planting Report — RDO Material Handling October 27, 1998 C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. ol'ill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 41), Conditions. states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, Cite Code Section 11. 10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows: Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (1-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. Planning Report — RDO Material Handling October 27, 1998 Page 3 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. PAIN It" $101W ID W4 ki I1 The proposed forklift sales, leasing and service facility is to overlay approximately 1.7 acres of land located north of Lone Oak Road and west of Lone Oak Circle (Lot 2, Block 1, Eagandale Center Industrial Park No. 11). The Eagandale Center Industrial Park No. 11 was platted in the summer of 1995. The subject site is currently occupied by a 21,600 square foot office warehouse building that was also constructed in 1995. The building was previously ]eased by "The American Shoe Warehouse". According to the applicant, the interior building space would be used for the warehousing of forklifts and parts inventory and related administrative activities (office space). The majority of forklifts would be delivered to the customer site by the company's delivery truck. Parts would typically be shipped to customers via private delivery service (i.e. UPS). While the proposed use would include an interior service area, the majority of service work would be performed at the customer location from company service vans. The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Industrial; zoned 1-1, guided IND South- Industrial; zoned I-1, guided IND East - Industrial and public (Eagan Fire Station); zoned I-1, guided IND West - Industrial; zoned I-1; guided IND 141X61 NO Kalil Compatibility with Surrounding Area - The subject site is bounded on all sides by properties zoned and guided for Limited Industrial use. Provided the proposed outdoor storage area is /U6 Planting Report - RDO Material Handling October 27, 1998 Paee 4 properly screened, the proposed use is not anticipated to adversely affect surrounding industrial uses. AAii port Noise ConsiderationR - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in its Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in northern Eagan place the subject property within Noise Zone III. In this noise zone, an industrial use is consistent. Site Plan - No physical changes to the site's existing structure have been proposed. The applicant intends to utilize existing hard surface areas for off-street parking, forklift display and outdoor storage. Specifically, the applicant intends to utilize portions of the site's east parking lot for the display of forklifts and outdoor storage. The proposed display area would overlay two existing off-street parking stalls located at the southeast comer of the building. The proposed outdoor storage area is to be located in the extreme northeast comer of the site, overlaying four existing off-street parking stalls. The outdoor storage area would be screened via a fence (material not specified). Lone Oak Circle Realignment - Beginning in the spring of 1999, Lone Oak Circle is to be reconstructed to align with Armstrong Boulevard to the south. At such time when the new Lone Oak Circle/Lone Oak Road intersection is completed, the existing Lone Oak Circle access to Lone Oak Road will terminate. This realignment will have the effect of making the southwest area of the site more visible to northbound vehicular passersby. Dicey Activities - While Section 1 1.10 Subd. 29.1 of the City code limits outdoor display activities to commercial zoning districts, question exists whether such activity is customary and incidental to vehicle sales and leasing activities which are conditionally allowed in the applicable I-1 zoning district. The acceptability of such accessory activity is considered a policy matter to be determined by City Officials. As shown on the submitted site plan, the applicant wishes to display forklifts in the southeast area of the site. The proposed display area would overlay two existing off-street parking stalls near the southeast comer of the building. Should the City determine that outdoor display is customary and incidental to the proposed use (and is acceptable), the display area should be confined to the area graphically identified on the site plan and not overlay any additional required parking spaces of the principal use. Off -Street Parking_- The Zoning Ordinance does not include a specific off-street parking requirement for sales, leasing and service facilities such as that proposed. The following off- street parking requirement is, however, considered aDDlicable. Use Ratio Required Spaces Office (2,560 NSF) 1 space per 150 NSF 17 Warehouse (18,400 GSF) 1 space per 400 GSF (<6,000 sf) 1 space per 1,000 GSF (>6,000 sf) 15 12 Total 44 /a� Planning Report — RDO Material Handling October 27, 1998 With an off-street parking supply of 36 spaces, a deficit of ten spaces exists upon the subject property. As a condition of CUP approval, the site plan should be modified to illustrate a reasonable manner in which ten additional stalls could be constructed if the need were to arise. It appears that additional parking could be constructed in the northwest area of the site. According to the Minnesota State Council on Disability, an off-street parking area containing 26 to 50 stalls must provide a total of two handicap spaces. Thus, applicable handicap parking requirements have been satisfactorily met. Outside Storage - According to the applicant, outdoor storage activities are to take place in the extreme northeast area of the site, overlaying four off-street parking stalls. Outdoor storage is to be comprised of forklifts and forklift attachments. According to section 11.10 Subd. 29.2.0 of the City Code, outdoor storage areas must be located in side or rear yards and may not encroach into any required front building setback area. The proposed outdoor storage area is shown to lie approximately 35 feet from the adjacent Lone Oak Circle right-of-way. To fully comply with applicable City Code requirements, the outdoor storage area should be shifted slightly to the west so as not to lie not less than 40 feet from the adjacent Lone Oak Circle right-of-way. Fencing - According to the City Code, outdoor storage areas must be screened from view from the public right-of-way. As shown on the submitted site plan, both the proposed outdoor storage area and a portion of the east parking lot are proposed to be fenced. As a condition of CUP approval, the height of the materials stored outdoors should not exceed the height of the fence used to screen such materials. The applicant has indicated that the proposed fencing of a portion of the off-street parking area relates to a desire to secure the area and screen the building's existing loading area. While the City Code does not establish specific material requirements for fencing, the storage area's visibility from Lone Oak Circle may make a "higher quality" fence (other than chain link) desirable in this instance. This issue should be subject to recommendation by the APC and determination by the City Council. Trash Enclosure - The submitted site plan does not illustrate a trash enclosure location. As a condition of CUP approval, all trash and recyclable containers must be either stored within the principal building or stored within an enclosure in compliance with applicable City Code requirements. $jgnagg - The submitted site plan and building elevations do not specify signage locations or areas. As a condition of CUP approval, all site signage should comply with applicable provisions of the City Code. landSGalJno - While not depicted upon the site plan, a variety of landscaping currently exists upon the subject property, including several low-level plantings directly east of the proposed /e�y Planning Report - RDO Material Handling October 27, 1998 Page 6 outdoor storage area. To visually enhance the site and visual impact of the outdoor storage area, consideration should be given to providing additional plantings along the east side of the property to minimize the visual impact of proposed site fencing. Site Lighting - No new lighting has been proposed as part of the applicant's development proposal. As a condition of CUP approval, all exterior lighting should be hooded and directed to deflect light away from adjacent properties and rights-of-way. The applicant is requesting a Conditional Use Permit to allow the establishment of a forklift sales, leasing and service facility upon a 1.7 acre site located north of Lone Oak Road and west of Lone Oak Circle. Additionally, a Conditional Use Permit has been requested to allow the outdoor storage of forklifts and related materials upon the property. Provided the proposed outdoor storage area is properly screened and the applicant can demonstrate that additional off-street parking could be constructed on site should the need arise, it appears that the proposed use can be compatible with other uses in the area. A. To recommend approval or denial of a Conditional Use Permit to allow the establishment of a forklift sales, leasing and service facility upon a 1.7 acre site located north of Lone Oak Road and west of Lone Oak Circle B. To recommend approval or denial of a Conditional Use Permit to allow the outdoor storage of forklifts and related materials upon the property upon a 1.7 acre site located north of Lone Oak Road and west of Lone Oak Circle If approved, the following conditions should apply: 1. The Conditional Use Permits shall be recorded within 60 days of their approval by the Cite Council. City Officials determine that limited outdoor display is customary and incidental to the proposed use. 3. The proposed outdoor storage area shall be shifted westward to lie not less than 40 feet from the adjacent Lone Oak Circle right-of-way. Outdoor storage activities shall be confined to the rear area of the site within the area specifically designated on the site plan. W , Planning Report — RDO Material Handling October 27, 1998 Paze 7 5. Forklift display shall be confined to the area graphically identified upon the site plan and limited to a maximum of two vehicles. 6. City Officials shall consider specifying acceptable fencing type (used to screen the proposed outdoor storage area). 7. The height of the materials stored outdoors shall not exceed the height of the fence used to screen such materials. 8. The site plan shall be modified to illustrate an ability to provide 44 off-street parking stalls as required by the City Code. 9. All trash and recycling containers shall either be stored indoors or within an enclosure in compliance with applicable City Code requirements. 10. All site signage shall comply with applicable provisions of the City Sign Code. 11. All building, parking/drive aisles, and landscaped areas shall be properly maintained. 12. Consideration is given to providing additional landscaping along the east side of the property to minimize the visual impact of proposed site fencing. 13. All exterior lighting shall be hooded and directed to deflect light away from adjacent properties and rights-of-way. // V FINANCIAL OBLIGATION 02 -CU -17-10-98 & 02 -CU -17-09- LOT 2, BLOCK 1, EAGANDALE CENTER INDUSTRIAL PARK #11 — RDO MATERIAL HANDLING There are pay-off balances of special assessments in the amount of 53,933 on the parcel for which the Conditional Use Permit is requested At this time, there are pending assessments in the amount of 530,480 on the parcel for which the Conditional Use Permit is requested. This pending is related to Project 668, which provides for a street improvement to the property Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are noted. The collection of this financial obligation is not a condition for the approval of the Conditional Use Permit The Financial Obligation will be collected at time of connection to the City's Utility System IMPROVEMENT TOTAL USE RATE QUANTITY AMOUNT -0- i Now Imo 0 fmo rw DevelopmentlDeveloper. RDO Material Handling Co. Application: Conditional Use Permit Case No.: 02 -CU -18-09-98 Lfp Av.0 m BMr.s haul ur �.Iv.rsoPe.� A D� � tME �aW Ovr.�t City of Eagan C&Mxrft Dwwbp� Dw� TMIs eu 19 @Wr*MDRD FOR RRFR MCI VN ONLY S TM CMy a Rin rd Dek". Ce y /e w 9- u * 1M K". y M NNS k.lw�wNlaw. Zoning Map r • A z z z/ z � 1 % 1-1 n G Z U PK e srs Pa ska I fit- 1-1 I[FT . . NO -26 (LONE OAK NY.) PD -+ �= t A AM D m En Fds, Development/Developer. RDO Material Handling Co. Case No.: 02 -CU -17-09-98 Current Zoning: 1-1 Limited Industrial �rY..�rW. M.... ++..r.... o -.-r .. �� ..� �.r r rr. A c+V •rn � ~ rNIS MN Is IRSNDFD FOR N!FIRINC! USE ONLY The CNy M946"nLn ASC D.4et. C~4y do not F.aron v Me Fccvr y d Inf Mis atjen. Comprehensive Guide Plan Land Use Map I/ Q� IT I .N. NO.7E (LONE OAK Development/Developer. Case No.: Current Guide Plan Designation: W • M too r»� RDO Handling Co. 02 -CU -17-09-98 IND Limited Industrial 7 City of Eagan Mr ..r .y u.rww.. r»r.• .1 • Wu C..wT l..0 Cww1 �...N�..� •.�.........,.r.......».....,.«...�.....,�»,.« TNIE KAP IS INTENDED ?011 REFERENCE USE ONLY >•Y 1�M rbe CNY M ROW MN DMM- C~ Y •. n E ."q XM "C.r y M DTIC YM PROPOSED OUTDOOR STORAGE AREA ISO. 50 - "I - 200.00 �I s 200.00 8� S CENTER aha _ o SEE ARCHfTECTURAL PLAN i3 FOR SIDEWALK AND CONCRETE TION t STOOP LOCATION t 24.00 80.00 LOT R-90' FZ, 4A� =Z- 4 . V. PROPOSED Z to k-20DISPLAY AREA PROPOSED �5 18 J FE\CE I I I I Nos 11 OUTLOT 115— SEE GRADING PLAN FOR TEMPORARY ROADWAY M c to 0 SITE PLAN' UV.4 .. . . . , .._ JY M JY , R G E Z I Agenda Information Memo November 2, 1998 Eagan City Council I1111110)XI 319 31 111a I In I'll 311"111110V ACTION TO BE CONSIDERED: To approve or deny a Conditional Use Permit to allow a 12,000 -gallon above ground fuel storage tank on property located at 3659 Kennebec Drive, legally described as Part of Lot 1, and Part of Lot 2, Block 3, Cedar Industrial Park, in the NW 1/4 of Section 17, subject to conditions listed in the APC minutes. FACTS: Freightmasters has a 153,000 square foot warehouse that operates as a truck and freight terminal at 3695 Kennebec Drive. Their facility at 3659 Kennebec Drive is used for truck and trailer parking and equipment maintenance. Freightmasters is proposing to install an above -ground diesel fuel storage tank at their storage and maintenance facility for use by their company vehicles. The site and surrounding properties are zoned 1-I, Limited Industrial. The location of the proposed tank appears to satisfy the performance standards in the City Code for outdoor storage. The City Fire Marshal has reviewed the plans and indicated that the proposed fuel tank meets Uniform Fire Code requirements. In addition to City review of the Conditional Use Permit, the tank must be reviewed by the State Fire Marshal prior to installation. The APC held a public hearing on October 27, 1998, and recommended approval of the Conditional Use Permit, subject to the conditions in the APC minutes. ATTACHMENTS: October 27, 1998 APC Minutes, pa eseee:S}r_ Staff report, pages" through Page 4 October27, 1998 DRAFT ADVISORY PLANNING COMMISSION MINUTES CONDITIONAL USE PERMIT FREIGHTMASTERS Commission Chair Hey] opened the next public hearing of the evening regarding a Conditional Use Permit to allow an above -ground fuel storage tank at 3659 Kennebec Drive, legally described as part of Lots I and 2, Block 3, Cedar Industrial Park, in the NW 1/4 of Section 17. Associate Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in the City staffs planning report dated October 20, 1998. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Freightmasters Representative Ron Have shared a photograph of a similar fuel storage tank. In response to questions, he explained the type of bollard barrier that will be provided around the tank that will hold diesel fuel. Chair Heyl closed the public hearing. Member Steininger moved, Member Bakken seconded, a motion to recommend approval of the Conditional Use Permit to allow an above -ground fuel storage tank on property located at 3659 Kennebec Drive legally described as Part of Lots 1 and 2, Block 3, Cedar Industrial Park, in the NW 1/4 of Section 18 subject to the following conditions: The Conditional Use Permit shall be recorded at Dakota County within 60 days of Council approval and proof of recording submitted to the city. 2. The tank shall be located in the rear yard as shown on the site plan dated September 11, 1998, 3. A protective barrier that is acceptable to the City Fire Marshall shall be installed around the tank. 4. The applicant shall provide to the City proof of the State Fire Marshal's review and approval of the fuel tank prior to its installation. 5. The fuel tank shall be used solely for fueling the occupant's company vehicles. Fuel sales to others shall not be allowed. All members voted in favor. // g PLANNING REPORT CITY OF EAGAN REPORT DATE: October 20, 1998 APPLICANT: Freightmasters, Inc. PROPERTY OWNER: Ronald Have REQUEST: Conditional Use Permit LOCATION: 3659 Kennebec Drive COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARl OF REQUEST CASE: 18 -CU -18-09-98 HEARING DATE: October 27, 1998 PREPARED BY: Pam Dudziak Freightmasters is requesting approval of a Conditional Use Permit to allow a 12,000 -gallon above ground fuel storage tank on property located at 3659 Kennebec Drive, legally described as Part of Lot I and Part of Lot 2, Block 3, Cedar Industrial Park, in the NW 114 of Section 17, AUTHORITY FOR REN"IEN' City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report Freightmasters D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, the I-1 zoning district subject above ground fuel storage tanks to the regulations for outdoor storage. City Code Section 11.10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows: Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. 2. The storage area shall be located in the side or rear yards and shall not encroach into anv required front building setback area or other required setbacks. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The storage area shall not interfere with any pedestrian or vehicular movement. The storage area shall not take up required parking spaces or landscaping areas. / Q O Planning Report Freightmasters The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/HISTORI' Cedar Industrial Park was platted in 1967. A Conditional Use Permit was issued in 1978 for the storage of trailers, and the existing metal building was constructed in 1979. The Freightmasters facility at 3659 Kennebec Drive is used for truck and trailer parking and equipment maintenance. The applicant owns other property in Eagan. Freightmasters has a 153,500 square foot warehouse building that operates as a truck and freight terminal located at 3695 Kennebec Drive. Freightmasters received a Conditional Use Permit and constructed the building on that property in 1994. EXISTING CONDITIONS Freightmasters operates a truck repair shop on this site. The property contains an existing 50' by 60' two-story building and a communications tower that was constructed at the west end of the site in 1995. The communications tower %as made taller in 1997. The lot is paved with curb and gutter around part of the lot; precast concrete was allowed instead of curbing along the north and west edges of the lot. A chain link fence surrounds the site. 1 AI The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Freightmasters; zoned I-1 (Limited Industrial); guided IND (Limited Industrial) South - Herregan Distributors, Inc.; zoned I -l; guided IND East - Multi -tenant office warehouse; zoned 1-1; guided IND West - Seneca Wastewater Treatment Facility; zoned I-1; guided INS I47.11 It" I COXXII a NX41011 *31 Compatibility with Surrounding Area - The purpose for the Conditional Use Permit is to allow an above -ground diesel fuel storage tank to be installed on the site. The applicant indicates that the tank would be used to dispense fuel for Freightmasters' company trucks. The fuel tank is proposed to be located near the center of the site, behind the building. Land scapine!Screenine - City Code requires screening of parking and storage areas from the public right-of-way. Screening between industrial properties is not required. Existing landscaping and screening includes a mix of overstory trees and deciduous shrubs along the front, and vines along the fence. No additional landscaping is proposed for the site. Access'Circulation - Access to the site is provided from Kennebec Drive. Adequate access and internal circulation is provided on the site for business operations and emergency vehicles. Planting Report Freightmasters Page 4 Outdoor Storage Standards - The fuel tank is proposed to be located to the rear of the building and will be surrounded by protective bollards. Screening is discussed in the Landscaping:' Screening section above. All surrounding properties are industrial; none of the adjacent properties are guided or zoned for residential use. The location of the tank appears to allow adequate room for vehicles to maneuver without interference. The tank does not take up required parking or landscaping areas. The area surrounding the tank is surfaced with bituminous and the tank will be located on a concrete pad. The City Fire Marshal has reviewed the plans and has indicated that the package fuel tank meets the requirements of the Uniform Fire Code for Flammable and Combustible Liquids. Additionally, the tank must be reviewed by the State Fire Marshal prior to installation. SUM'.NARY/CONCLUSIOI The purpose of the Advisory Planning Commission's review of a Conditional Use Permit is to ensure compatibility with the surrounding area. The fuel tank is proposed to fuel the applicant's company vehicles only. The site is zoned industrial and is surrounded by other industrial development. The location of the tank behind the building and near the center of the site meets setbacks for outdoor storage. ACTIO\ TO BE CONSIDERED To recommend approval or denial of a Conditional Use Permit to allow an above ground fuel storage tank on property located at 3659 Kennebec Drive, legally described as Part of Lot 1, Block 3, and Part of Lot 2, Block 3, Cedar Industrial Park, in the NW 1/4 of Section 17. If approved, the following conditions should apply: The Conditional Use Permit shall be recorded at Dakota County within 60 days of Council approval and proof of recording submitted to the city. 2. The tank shall be located in the rear yard as shown on the site plan dated September 11, 1998, 3. A protective barrier that is acceptable to the City Fire Marshall shall be installed around the tank. 4. The applicant shall provide to the City proof of the State Fire Marshal's review and approval of the fuel tank prior to its installation. S. The fuel tank shall be used solely for fueling the occupant's company vehicles. Fuel sales to others shall not be allowed. la a FINANCIAL OBLIGATION 18 -CU -19-09-98 PART LOTS 1 & 2, BLOCK 3, CEDAR INDUSTRIAL PARK - FREIGHTMASTERS Conditional Use Permit - There are pay-off balances of special assessments totaling S3,940on the parcels for which the Conditional Use Permit is requested. At this time, there are pending assessments totaling S -0 -on the parcels for which the Conditional Use Permit is requested Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are noted. The collection of this financial obligation is not a condition for the approval of the Conditional Use Permit The Financial Obligation will be collected at time of connection to the City's Utility System IMPROVEMENT USE RATE QUANTITY AMOUNT None S -0 - TOTAL �a3 Location Map 1000 0 1000 Fr 11000• Development/Developer. Frelghtmasters Application: Conditional Use Permit Case No.: 1g -CU -18-09-88 r iapE0, �M R�3h by EO:mr9 }}¢ �aY Owr n4./mrrm Pam p Ot�m Cdty lwf 7 ��+�al' Owst+rl *City of Eagan "°'°^7"-°" C1 N E THIS M" n IIRINOY FOR 1 SFMMCS ui! ONLY S The CNy M NOW wN awkab Cwwq N wwt Saw.wMaa the awawnry to" 1nlaw w"On. Zoning Map .x D .M so FIN. Development/Developer. Freightmasters Case No.: 18 -CU -18-09-98 Current Zoning: 1-1 Limited Industrial*�-/ City of Eagan fir, e Wrt THIS tl 1{ IN END[D FDA AIFIEuNC[ USE ONLY •^�I •'-�•,f Th. CNy a Ral'. � D"N- c4-Mv N wa! W� IM "C.M.Y 0 tl 1. Iw or w gl a 5 Comprehensive Guide Plan Land Use Map It Development/Developer. Freightmasters Case No.: 18 -Cu -18-09-98 Current Guide Plan Designation: IND Limited Industrial Cityof Eagan u_. .M.. M1..Y �. ..M Y.. .,. _...«... ,...... ...., ..,ur.,.. M E r. OwmvrYiIM ■[I.N.MC. rn. CM, .. E".. CM... C..My �. ...r.,.e.. n...ee.. , .. ,w.w.nM. . S H CLIVI. i1 ";fP 1 f, 1.105 .. LOT Tow" ♦, ':. BLOCK ' '!' .,,...ow 3 Ap�p�{p TAM m. I l ` I • s nwr N •� .. LOT \ 1 H CLIVI. i1 ";fP 1 f, 1.105 FREIGHTMASTERS September 16, 1998 CITY OF EAGAN Planning Department 3830 Pilot Knob Road Eagan, NP4 55122 Dear Sirs The property, at 3659 Kennebec Drive, is used for truck and trailer parking and equipment maintenance. It is our desire to install an above ground fuel storage tank to dispense fuel to our company trucks. The design of the tank is a full double wall to assure positive leak containment It also includes all dispensing pumps and safety shutoffs and monitoring -- all factory designed and installed. The area all round the properly is used for truck and equipment operations. Sincerely, Ronald A. Have President 3703 KENNEBEC DRIVE EAGAN, MINNESOTA 551221 (651) 688.6800 MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 30, 1998 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 2, 1998 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the November 2, 1998 City Council agenda, the minutes of the October 20, 1998 regular City Council meeting and the minutes of the October 29, 1998 and the October 13, 1998 special City Council meetings, the following items are in order for consideration. Agenda Information Memo November 2, 1998 Eagan City Council Meeting IV. RECOGNITIONS & PRESENTATIONS A. RECOGNITION OF POLICE OFFICER RODGER SLATER FOR 30 YEARS OF SERVICE ACTION TO BE CONSIDERED: To recognize Police Officer Rodger Slater for 30 years of service. FACTS: • At the recent Employee Recognition Picnic, Officer Slater was recognized for his 30 years of service as an Eagan Police Officer. • Officer Slater began his career in 1968 when Eagan was a township and the population was approximately 7,500. He has played an important role as a police officer during the enormous growth of the City in the past 30 years. • During his career, Officer Slater has received over 70 letters of appreciation and recognition from the community and the Police Department. His interest in emergency medical response evidence collection and fingerprinting makes him an invaluable member of the department. • Officer Slater is the first employee to have worked for the City for this length of time. 0 Agenda Information Memo November 2, 1998 Eagan City Council Meeting DEPARTMENT HEAD BUSINESS A. CONVENTION & VISITORS BUREAU 1998-99 MARKETING PLAN AND BUDGET ACTION TO BE CONSIDERED: To approve the 1998-99 Marketing Plan and Budget for the Eagan Convention & Visitors Bureau. FACTS: The by-laws of the Eagan Convention & Visitors Bureau require City Council approval of the operating budget. Staff has reviewed the revenue projections and feels they are reasonable. Ann Carlon, Executive Director of the CVB, will be present at Monday's Council meeting to discuss the proposed budget and marketing plan. ATTACHMENTS: • Report identifying upcoming CVB promotional activities and Eagan hotel industry statistics enclosed on pages `l through Jr . • Budget document and marketing plan enclosed without page number. WA Report to the Eagan City Council November 2, 1998 6:30pm Eagan's 25th Anniversary 1974-1999: Rooted in the Past: Branching out into the Future. Eagan is celebrating its 25h Anniversary in 1999, and the Eagan Convention & Visitors Bureau is organizing a year-long celebration. Following a city-wide contest to develop a logo and slogan, the winner was Bryan Roberts, 17, a student at Eagan High School. The Silver Anniversary Community Committee selected Roberts' design from more than 30 submitted entries. Coca-Cola is one of our major sponsors and they provided the prizes for the top 5 entries which were awarded at Lone Oak Days at the Holz Farm. Watch for more details as the anniversary year approaches and we invite you to become involved in: The Eagan CVB Winter Promotion is: Strike Gold with Eagan's Silver Anniversary Sweepstakes Between November 1998 -May 1999, seven lucky winners will receive a $1,000 Shopping Spree at the !Mall of America. To qualify for entries, ask for the Silver Anniversary Room Special at one of Eagan's seven participating hotels. In honor of the city's 25th Anniversary, guests receive 25% off room rates on Friday, Saturday and Sunday night stays plus a $25 value from our attractions partners: FREE Knott's Camp Snoopy Ride Pass FREE Mall of America Coupon Book FREE Minnesota Zoo Youth Pass FREE ECVB Shopping Bag Advance reservations are required and the participating hotels include: Best Western Yankee Square Inn, Hampton Inn, Holiday Inn Select, Holiday Inn Express, Fairfield Suites (a.k.a. TownePlace Suites) Hilton Garden In -Eagan and Residence Inn by Marriott This is an exciting promotion which is being marketed in Canada, the C Sand Travel Agents around the world. Advertising is in magazines, newspapers and direct mail campaigns. The Northwest Airlines strike posed a downturn in occupancies for Eagan Hotels – some dropped by as much as 10-20 points, As soon as the strike was over, some hotels reported sell-outs the next day. Eagan's hospitality industry is affected by economic forces outside of our control, but if Eagan can maintain a strong corporate structure, our hospitality industry will prosper. The Eagan CVB is at the forefront of the Minnesota Tourism Promotion Coalition which is leading a state-wide effort to support a $7 million funding increase for the Minnesota Office of Tourism. To date, we have received over 300 resolutions representing over 45,000 people in the hospitality industry throughout Minnesota Eazan, Minnesota Hotel Industry Statistics 1993 4 Hotels in Eagan — Holiday Inn Select, Budget Host Inn, Yankee Square Inn and Residence Inn by Marriott TOTAL ROOMS: 432 1994 May — Holiday Inn Express adds 70 rooms December - Hampton Inn adds 122 rooms TOTAL ROOMS 624 1995 1996 April — Holiday Inn Express adds 50 suites TOTAL ROOMS: 674 1997 March — Fairfield Suites by Marriott adds 105 rooms October — Extended Stay America adds 104 rooms TOTAL ROOMS. 883 1998 January — Homestead Village adds 130 rooms June — Hilton Garden Inn to add 100 rooms Nov — Sleep Inn to add 104 rooms TOTAL ROOMS: 1,217 1999 January - Microtel Inn & Suites add 80 Summer - Comfort Suites add 104 rooms Staybridge Suites add 80 rooms TownePlace Suites add 95 rooms TOTAL ROOMS 1,576 AVERAGE OCCUPANCY 1994 82% (192 rooms added) 1995 78% 1996 78% (50 rooms added) 1997 791/o (209 rooms added) 1998 to date 790/6 (230 rooms added) TOURISM INCOME (estimated) $53.4 mil (est) $63.4 rnil (est) $64.9 mil (est) $71.4 mil (est) TYPES OF HOTEL ROOMS AVAILABLE IN EAGAN TO DATE: Full Service Rooms 287 Limited Service Rooms 367 Extended Stay Rooms 234 All Suites 225 The population of the City of Eagan has grown from: 10,398 in 1970 to 47,400 in 1990 to over 60,000 in 1998 Area Hotels: Bloomington 34 — 7,500 rooms St. Paul -3,000 Minneapolis -5,400 North Metro -2,250 Burnsville 950 Shakopee -650 Lakeville -369 ON Agenda Information Memo November 2, 1998 Eagan City Council Meeting B. EAGAN'S 25T" ANNIN'FRSARI' (1974-1999) CVB CELEBRATION ACTION TO BE CONSIDERED: Informational only. Ann Carlon, Executive Director of the Convention & Visitors Bureau, will be present to comment and answer questions. FACTS: • Eagan is celebrating 25 years as a city in 1999 and the Eagan Convention & Visitors Bureau is organizing a year-long celebration. • The CVB is requesting a coordinated effort between the City and the CVB to ensure a successful citywide celebration. • A number of activities have already been planned by the CVB which include a Silver Anniversary Kickoff prior to the January 5 City Council meeting, button sales which will entitle bearers to discounts/prize drawings throughout 1999, tubing at Trapp Farm Park on February 21 and an Eagan Go Bragh Parade celebrating Eagan's Irish heritage. A detailed description of each event is included in the attached letter sent to the City Administrator. The committee anticipates additional opportunities to celebrate Eagan's 25' Year during 1999. • Superintendent of Recreation Dorothy Peterson, Communications Coordinator Joanna Foote and Donna Tilsner, the new Program & Events Supervisor, are being asked to attend the committee meetings on behalf of the City. Iv to rTy 1 Iu• 1 *a Ik*l • Letter to City Administrator Hedges enclosed on page 2 :J Tom Hedges, City Administrator NDINT_1;01� City of Eagan Co%ly.N 10vSvb1T0R BIRW' 3830 Pilot Knob Road Eagan, MN 55122 mm.rjg:mm^ k,an October 22, 1998 Dear Tom, The Eagan 25h Anniversary Committee, chaired by Raleigh Seelig, has determined a schedule for first quarter events in 1999. Because this is a citywide celebration, it will take our coordinated effort to be successful. Here is what the committee has chosen to do and what we need from you and your staff before we can proceed: • Silver Anniversan Kickoff- cake and coffee reception at Eagan Municipal Center two hours prior to Jan. 5 Council meeting. This would be a public "meet and greet' your new and current council. It could also be an opportunity to acknowledge the contributions of retiring members Ted Wachter and Tom Egan. From you we need: confirmation that we can use the community room/kitchen on the upper level from 3:30-7 p.m. (includes setup/cleanup); a reasonable expectation that council members will be available to attend (is there a special meeting prior to the 6:30 p.m. regular meeting''); joint promotion through publicationslliterature; access to kitchen equipment. • Button sales - we would like to have a purchasing outlet somewhere at city hall. Buttons will be sold for Sl so minimal staff time will be necessary to conduct each transaction. Buttons entitle bearers to discounts/prize drawings throughout 1999. • Tubing at Trapp Farm Park from noon until 4 p.m. Sunday, Feb. 21 (weather permitting). Slide on down the Silver Slopes! Need to coordinate scheduling/promotion with Park & Recreation Department. • Eagan Go Bragh Parade - Celebrate Fagan's Irish heritage with a parade of pets and people on Civic Center Drive and along Pilot Knob and Wescott. Outside entertainment on city campus grounds (Irish dancera')and) May need parade permit, policing, parking availability. Details pending. As you can see, there will be man opportunities to celebrate the city's anniversary and this is just the beginning. I would be happy to meet with you if necessary to more fully develop these plans. The committee meets once each month. You or a representative is welcome to attend our planning meetings at any time. Our next meeting is set for Nov. 18 from 3:30 to 5 p.m. at the CVB Office, 1474 Yankee Doodle Road. 1 look forward to hearing from you regarding our requests and working with you to celebrate "Eagan - rooted in the past, branching out into the future." Sincerely. Sue Hegarty, publ rel io director Eagan Convention & Vi ' rs Bureau Copy to: Mayor Tom Egan. Joanna Foot, Ken Vraa 1+-1 Sankrr Doodlr Ruad • Fagan. Ninnexna i5121.1d0�Fhone 6it-152-1188 • Fav bit -152-89'6 . 1. WEiG.iy-Jig Mile V. 3' Agenda Information Memo November 2, 1998 Eagan City Council Meeting Cai�7.�3�i►YI Cel310 on The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Part-time Seasonal Supervisor/Civic Arena— ACTIO` TO BE CONSIDERED: To approve the hiring of Kris Kraft as a part-time seasonal supervisor at the civic arena. Item 2. Part-time Seasonal Concession Workers/Civic Arena ACTION TO BE CONSIDERED: To approve the hiring of Jessie Luoma and Kristin Rogers as part-time seasonal concession workers at the civic arena. Item 3. Clerical Technician 11— ACTION TO BE CONSIDERED: To approve the establishment of and advertising for a Clerical Technician II for the Parks & Recreation Department, civic arena and new aquatic facility. FACTS: • With the second sheet of ice now open in the civic arena and the aquatic facility project proceeding toward an opening of June, 1999, it is the recommendation of the City Administrator and Director of Parks & Recreation that a new regular position of Clerical Technician II be established. ■ The position would work for general park and recreation programs 2/5' time, for civic arena programs 1/5' time and for the aquatic facility 2/5" time. • It is necessary to advertise now due to the opening of the second sheet of ice and the additional clerical time necessitated by planning for and preparing for the opening of the aquatic facility. ■ This position is unfunded in the 1998 budget; however, it would be funded from Enterprise Fund dollars and would be offset through the reduction of temporary/seasonal clerical workers in the Parks & Recreation Department. • This position is funded in the 1999 budget. Agenda Information Memo November 2, 1998 Eagan City Council Meeting Item 4. Health Insurance/1999— ACTION TO BE CONSIDERED: To approve remaining with the shared coverage of HealthPartners and Medica under the current plan design for health insurance for City employees for 1999. FACTS: • The City of Eagan is required to request proposals for health insurance coverage every five years. 1998 was the year we needed to do RFP's for health insurance coverage. • The RFP's were developed by a committee consisting of representatives from all City departments and bargaining units with the aid of the City's insurance agent. ■ Proposals were received from Blue Cross Blue Shield Minnesota (Southwest/West Central Service Coop), HealthPartners, the League of Minnesota Cities, LOGIS (Medica), Medica itself, and the Public Employees Insurance Plan. The above proposals were all for total carrier replacement, i.e. one carrier has the whole City. Proposals were also received from HealthPartners and Medica for shared coverage of the City, such as we have now. • After reviewing the plans' designs and premium costs, it was the unanimous recommendation of the members of the committee that the City remain with the shared coverage of HealthPartners and Medica under the current plan design. The reasons for this recommendation are: 1) Employees would be able to remain with their current physicians; 2) Although total care replacement premiums were slightly lower, not all the plan designs equaled what we currently have. Also, a trend among insurance companies has been to bid low to get the entire group and then give a very large premium increase for the second year; 3) The premium rates for the shared coverages were very realistic given our experience, were consistent with the actual market and should mean a more realistic premium increase for the year 2000. • Committee members presented these recommendations to their employee groups and the employee groups agreed. • The new insurance rates represent a 10.5% increase over 1998 rates. • A comparison to other increases in other organizations reveal that rate increases are averaging somewhere between 10% and 20%. Under the current blended rate formula, the premiums for family coverage would increase by a total of 544.60 per month. Splitting the difference between the employee and the City, the employee's share and the City's share would each increase by $22.30 per month. Agenda Information Memo November 2, 1998 Eagan City Council Meeting B. `j 1 *Z1 8 NAME CHANGIF OCR RVAI ACTION TO BE •1 17;71 r To approve a street name change of the east/west segment of "Eagan Woods Boulevard" (located west of Pilot Knob Road and east of Lost Spur Country Club) to "Buffet Way" subject to the applicant being responsible for all costs associated with the name change (i.e. sign replacement etc.). FACTS: r The Final Planned Development and Final Subdivision of Eagan Woods Office Park 2nd Addition were approved by Council action on September 14, 1998. 1- The requested street name change is a result of the recent reconfiguration of Eagan Woods Boulevard (through recent Final Subdivision) and desire of the applicant to establish a relationship between the OBC Corporate Headquarters site and the street from which access to it is to be provided. i No street addresses currently exist along Eagan Woods Boulevard. ATTACHMENTS: (3) ➢ Area Map, page L Previous Eagan Woods Drive street configuration, page L.2 D Existing Eagan Woods Drive street configuration, page L3 F 0 AT004*1 I I Is] 0 0 k1l �14op BOARMAN KROOS PFISTER VOGEL & ASSOCIATES A R C H I T E C T U R E I N T E R,1 O R D E S I G N E N G I N E E R I N G 221 North Second Street Minn es 6 e 11•. Ml ftneset6 S5101 - re. 611.3 S6 6112 Phnne n11. 316. 3731 I(I/I `III RevisionsNo Unte Project Title Sheet Title 3 OCB REALTY CO. CORPORATE HEADQUARTERS EXISTING STREET AND LAYOUT NAMES net•—MLWM 6AOAK MN. _ Cemtnlnmq Me. µ11"1 BOAR MAN KROOS f F I S T E R VOGEL & ASSOCIATES ARC Ii I T ECTURL INTF RIOR DESIGN E N G I N E E R I N G III Nor IA Se t o n Sreer Ml n n e•po I I i, M I n n e So le 55401 1 a 611 ))9 Et 11 Phone 611 ))9 17S1 IP Ite : i+Int.. 11.0, PI ,I, L 'Illlr tihl rl 11111 Nlr.S OCB REALTY CO. PROPOSED STREET NAMES CORPORATE HEADQUARTERS AND LAYOUT a'l10/10 ry _ ULAN. MN 1456A3 Agenda Information Memo November 2, 1998 Eagan City Council Meeting ACTION TO BE CONSIDERED: > To approve a change in the scope of the demolition contract for the homes on Lawrence and Linde Lanes. FACTS: > The City awarded a contract to Hoffbeck Trucking, Inc. to demolish the homes on Lawrence and Linde Lanes on September 1, 1998. During demolition, the contractor discovered two buried fuel tanks and buried batteries. The contractor notified the City when the fuel tanks and batteries were found. > State law requires removal of fuel tanks upon discovery. The City is also required to disclose any hazardous materials to Dakota County and ensure proper removal. > The City authorized the contractor to proceed with the removal of the fuel tanks and batteries. The costs associated with the fuel tank and battery removal totals $927.50 which represents about a 3% increase to the total project cost of $31,040.00. The revised contract totals S 31,967.50. > At the June 16, 1998 City Council meeting, the City agreed to utilize tax increment financing proceeds to pay for the costs of asbestos removal and demolition and removal of existing improvements associated with the homes on Lawrence and Linde Lanes to facilitate redevelopment of these properties. ATTACHMENTS: > Change Order form, pages ; S through > Invoice from Hoffbeck Trucking, page city of eagan CHANGE ORDER #: 2 DATE: November 2, 1998 PROJECT NAME: Lawrence/Linde Home Demolition PROJECT DESCRIPTION: Removal of fuel tanks and buried batteries. CONTRACTOR: Hoffbeck Trucking, Inc. P.O. Box 474 Lakeville, NIN 55044 As stated in the Technical Specifications for Demolition and Site Clearance, the City was not aware of any fuel tanks or hazardous materials on the property. If any fuel tanks or hazardous materials were found during demolition, the contractor µ'as to notify the City and a change order could be negotiated. The Scope of this demolition project is being revised by this Change Order to reflect the additional costs associated with removal of the fuel tanks and batteries on the property. JUSTIFICATION FOR'PFRPOSE OF CHANGE ORDER: State law requires removal of fuel tanks upon discovery. The City must also disclose any hazardous wastes found on-site to Dakota County and ensure proper disposal. See attached invoices. ,410 l0UN 1161 b% Original Contract: Change Order: Subtotal of Previous Change Orders: This Change Order: New Subtotal of All Change Orders: Revise Contract: 1 WWRIQ W 4 31 V September 1, 1998 October 21, 1998 Percent Increase or Decrease for this Change Order to Original Contract Amount: Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: RECONI,NIE,iDED FOR APPROVAL.: Contractor By' City DlpaAment Man I r City of Eagan Council Action: Mayor: Clerk: Date: 1 - City 1 - Contractor 1 —Community Development 1 - Fire.Marshal /t/� +3% +3% Date. Date (0.4;9 .9% 531,040.00 S 927.50 $ 0.00 $ 927.50 S 927.50 $31,967.50 ioffbeck Trucking, Inc. :�.0. BOR 474 -akeville, MN 55044 Office: 612-469-2367 Fax 612-469-3171 Bill To City of Eagan Attn: Julie Farnham 3830 Pilot Knob Road Eagan, MN 55122 Invoice Invoice Number 3189 Invoice Date. Oct 21, 1998 Pape'. 1 Work Location Customer ID Customer PO! Job Number Payment Terms i CITYEAGAN __ Due upon receipt Thank you. l Quantity7BACKHOE Work Description Unit Pnce Total CHANGE ORDER - HOUSES ON LINDE 5 LAWERANCE i 1.00Pump underground tanks 632.50 632.50 Battery Clean uP 2.00Backhoe 2 hrs 90.00 180.00 1.00 Dozer 1 hr 65.00 65.00 2.00 LABOR Hand Labor 2 hrs 25.00 50.00 Total Amount Due 927.50 NOTE: We pay sales tax on all materials purchased. This invoice includes labor charges b material cost reimbursement. Agenda Information Memo November 2, 1998 Eagan City Council Meeting D. RECOMMENDATION, Airport Relations Commission, Additional Remote Noise Monitor Locations ACTION TO BE CONSIDERED: 1.) To approve a recommendation by the Airport Relations Commission for the siting of remote noise monitoring terminals within search areas identified by the Metropolitan Airports Commission, and 2.) To reiterate the City's support for a noise monitor location in the Highview Avenue area. FACTS: • The City of Eagan has supported the installation of additional remote noise monitoring terminals since the implementation of the Metropolitan Airports Commission Automated Noise and Operations Monitoring System approximately six years ago. One of the features emphasized by the MAC for the system was its expandability. • Earlier this year, the MAC concluded a study that acknowledged the need for additional noise monitors in certain locations off parallel runways and future noise monitors in the areas that will be affected by the North/South Runway. Two of the general locations identified for current installations are southeast of the airport. One is in a search area near Yankee Doodle Road, between Pilot Knob and Lexington Avenue, and another is near the boundaries of Eagan, Inver Grove Heights, Sun Fish Lake and Mendota Heights. ■ The method used in the study consisted of an analysis of how closely current flight tracks pass existing noise monitor locations and to identify sites where flight tracks passed over the fewest terminals. • At its meeting of October 19, the Airports Relations Commission recommended that the noise monitor proposed for the Yankee DoodlCPilot Knob area be placed in Quarry Park, to be as close as possible to residential populations at the northwest site of that search area, and that the monitor in the corridor be placed generally near the middle of that search area near Argenta Trail pending MAC consultation with the other communities. • While the MAC concluded that the Highview Avenue neighborhoods were close enough to be covered by the existing noise monitor at Vilas Lane and Avalon Avenue, the City has historically supported the need for noise monitors along the edges of the corridor. The Commission has recommended in the past that a permanent noise monitor be placed in the Highview area and, if that is not possible, that a temporary monitor be placed in the neighborhood for a period of two to three months to compile data comparable with that for other monitors. The residents present at the October 19 meeting asked that the City reiterate this request. BACKGROUND: • Remote monitoring terminal search areas from MAC Noise Monitoring Study on pages /1— through 0%0 /g z Fs Agenda Information Memo November 2, 1998, 1998, Eagan City Council EF.FINAL PLAT (GOPHER EAGAN INDUSTRIAL PARK 5"' ADDITION) - INDU'STRIAL EQUITIES. LLP ACTION TO BE CONSIDERED: To approve a Final Plat (Gopher Eagan Industrial Park 5" Addition) consisting of one lot east of Hwy. 149 and south of Yankee Doodle Road in the SE'/. of Section 12 and NE '/4 of Section 13, subject to the vacation of adjacent right-of-way for Kutoff Drive and Yankee Doodle Court. FACTS: Gopher Eagan Industrial Park 5' Addition is a replat which combines several parcels and adjacent right-of-way into one lot. The site is currently vacant. The applicant has petitioned the City for vacation of the adjacent rights-of-way for Kutoff Drive and Yankee Doodle Court, which are included in the plat. ATTACHMENTS: Final Plat and Location Map, pagesZ through J3 J/ AREA TAMAAT10M Ol9CI WTm GOPHER EAGAN INDUSTRIAL PARK 5TH ADDITION Lai, 3 GCAPHER EAG N INDUSIRLAL PARK ?NI? I BLOCK 1— 1 — — — — — — — — — — — — — — — — — - 9� 999919 99r W.MrAriv MAI ir.r�•+� — Yl 91217— — — — ��~ — r — Lp'I' 7/ / LOI'\1 11 11 I I LD'I B I LD1' 2 - — 1t LDT 13I �i�------�--- 14 --I'll I L^I�C 10 — i LOT 4 OUItQ'I' B Irl +�� LOT 11------� lttiay� LDT 12 1 LOT 6- L an `y y 010-05 CLIILOI A 010-77 .EMP=• �I'I.MII 1 Y.MM. Wf. �l .-0 LR. u .•Rlf1 1YIf/W71 TRI �oEl�courts Lr. 01 ..I. dl T 6R .2!!711l SLAT .� 1v1..r .— • •� �. Y— � aYoa .vaao-ma s.Yl. •.O3ECT .0 61"6-035 SMET I Of 1 "ETS W IT 6CKS TAhAn DOODLE OT, 19s563721 04260 ci3TOTT DR" 19.32.,000 1 1346 LOTS 1-11 313%4 8729 713Es TOTAL AREA 69,5556520 6.7593 Ol9CI WTm GOPHER EAGAN INDUSTRIAL PARK 5TH ADDITION Lai, 3 GCAPHER EAG N INDUSIRLAL PARK ?NI? I BLOCK 1— 1 — — — — — — — — — — — — — — — — — - 9� 999919 99r W.MrAriv MAI ir.r�•+� — Yl 91217— — — — ��~ — r — Lp'I' 7/ / LOI'\1 11 11 I I LD'I B I LD1' 2 - — 1t LDT 13I �i�------�--- 14 --I'll I L^I�C 10 — i LOT 4 OUItQ'I' B Irl +�� LOT 11------� lttiay� LDT 12 1 LOT 6- L an `y y 010-05 CLIILOI A 010-77 .EMP=• �I'I.MII 1 Y.MM. Wf. �l .-0 LR. u .•Rlf1 1YIf/W71 TRI �oEl�courts Lr. 01 ..I. dl T 6R .2!!711l SLAT .� 1v1..r .— • •� �. Y— � aYoa .vaao-ma s.Yl. •.O3ECT .0 61"6-035 SMET I Of 1 "ETS Location . • 1.... TF1 . � `►ice � „ - q►��� Sub ect Sift dill^�►O/. Dev*loprnent/Developer. Gopher Eagan Industrial Park 5th Addition Application: Final Plat Case No.: ,.. .. . . Agenda Information Memo November 2, 1998 �K�)►r �:SCK KFKC7�Yl �YK�� � r:Y•Z�) �71►\►1 t7. ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 98-16 (Wescott Woodlands — Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 98-16 provided for the street construction and the installation of the sanitary sewer, water main, and storm sewer on Wescott Woodlands, south of Yankee Doodle Road. • The revisions detailed in the change order address the addition of Schedule No. I 1 of the original bid proposal back into the contract. The contract had been awarded without this portion of the original bid package due to the City not having access to the Carriage Hills Golf Course at the time of award. • Carriage Hills Golf Course has authorized a right -of -entry agreement with the City and its contractor for the construction of the water main. The City is pursuing the permanent easement with the property owners and has initiated the condemnation process, if needed. • Schedule No. 11 included the construction of the trunk water main across the golf course. The cost of the work is based upon the original bid prices for Schedule No. 11. • This change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for an additional cost of $58,192.55 (10.47% of original contract). The associated cost will be the responsibility of assessments and the Water Trunk Fund. ATTACHMENTS: Change Order No. 2, pages t through _;27. a� :e"i la CITY OF LAGAN CONTRACT #: 98-16 PROJECT #: 742 CHANGE ORDER #: DATE: October 21, 1998 PROJECT NAME: Wescott Woodlands Street and Utility Improvements PROJECT DESCRIPTION: Street and Utility Improvements including Concrete curb and gutter, bituminous pavement, watermain, sanitary sewer, and storm sewer CONTRACTOR: S.M. Hentaes & Sons, Inc. PO Box 69 Jordan, MN 55352-0069 DESCRIPTION OF CHANGE ORDER WORK: ENGINEER: Howard R. Green Company 1326 Energy Park Drive St. Paul, MN 55108 Adding Schedule No. 11 — Golf Course Watermain — back into Contract 98-16, which was previously not awarded due to unsigned agreements with the Owners of the Golf Course property JUSTIFICATION FORIPURPOSE OF CHANGE ORDER: Executed agreements for the construction of a watermain through the Golf Course property DESCRIPTION OF WORK ITEMS: See attached schedule 0 �Proj1803640J\Change0raer02 CX 5/ ITEM NO. I 3 4 5 6 8 9 It 11 CHANGE ORDER NO. 2 FOR: WFSCOTT WOODLANDS (8036411, CTiY OF EAGAN, MriNT-SOTA SCNFOULF 11.9 WATERMAIN GOLF nUR%F GRANULAR FOUNDATION MATERIAL CONNECT TO EXISTING WATERMAIN HYDRANT WITH 6' GATEVALVE 16' BUTTERFLY VALVE B' GATEVALVE 8' DIP WATERMAIN, CLASS 52 16' DIP WATERMAIN, CLASS 50 FITTINGS 6' DIP WATERMAIN, CLASS 52 EMT QTY• UNIT PNCE TOTAL Mcit TON 100.00 0.01 1.00 EA 1.00 400.00 400.00 EA 4.00 1.899.00 7,396.00 EA 1.00 1,583.00 1,583.00 EA 1.00 734.00 734.00 LF 130.00 15.50 2,015.00 LF 1,51300 27.00 40,851.00 LBS 2,88000 1.52 4,377.60 LF 42.50 14.94 634.95 SCHEDULE 11.0 WATERMAIN • GOLF COURSE — TOTAL CHANGE ORDER Y0. 2 — TOTAL n:'cIcncal'.80364000r xis 58,172.55 $58,192.55 CITY OF CAGAP CONTRACT STATUS TIME/COMPLETION DATE Original Contract: July 1 1999 Change Order: July 1 1999 Subtotal of Previous Change Orders: This Change Order: New Subtotal of All Change Orders: Revise Contract: Percent Increase or Decrease for this Change Order to Original Contract Amount: +10.47% Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: +12.52% RECOMMENDED FOR APPROVAL By: 1`1K Kaa Date: 10 23 9e) By: VI— 74A� Project Mana Contractor By: tL'" n k:4Date: io-Z9-96 City Department Man er City of Eagan Council Action: Mayor: Clerk: Date: DISTRIBUTION 1 — City 2 — Contractor 1 — Engineer 0 Pro=3640J�Changeorderr2 AMOUNT $555.677.44 $ 58,192 55 $ 11,351 60 $ 58.192 55 $ 69.544.15 $625.221.59 Agenda Information Memo November 2, 1998 Eagan City Council Meeting ,I PRI Tli6jg 11111 Is V IN I awe 3111310 1311:111 Ire, ACTION TO BE CONSIDERED: To receive the petition to vacate a drainage and utility easement within Lot 1, Block 2, Kingswood Ponds 2nd Addition and schedule a public hearing to be held on November 30, 1998. FACTS: • City staff has received a petition to vacate a drainage and utility easement from Metro Land Surveying, representing the interest of the property owner and a prospective buyer of Lot 1, Block 2, Kingswood Ponds 2' Addition. • It is suggested that the easement is excessive and may have been dedicated in error. • The Engineering Division, in addition to other interested departments and agencies, will review the effect of the vacation to insure there will be no negative impacts from the action. • The purpose of the vacation is to create a better and more acceptable building area for the prospective buyer. ATTACHMENTS- �q • Location map, page s� L • Legal description, graphic, page 3-6. WE • C: 1-10 i —:S --j( � G 0 0 cl I N I S 3N lll� tAK E W,/ 0 m hi Q?* SKETCH AND DESCRIPTION S41 *51 36.E l N89.43'35'E 251.82 4.91'-= 2•x304<��- L dzf67 -r20 FT UTILITY EASEMENT PER DOC iNO. 566951 02 L .E 7 'q 4.4 t ` ` 30 r r o S89043'35'w 159.90 0 p ♦isem----� UTILITY AND �`-_-- �hI~DRAINAGE EASEMENT j' :,n Ito 1p i ,,--R-150-00 .00 z e Io I ag1 6op��'. LAO �s PROPOSED VACATION of DRAINAGE AND UTILITY EASEMENT: i 7 o 51 9 L � � � Q '��, � ,o6•0yo ;� Over that part of Lot i, Block 2 3 ep0 KINGSWOOD PONDS SECOND ADDITION, lying northerly and UM R' Zp9 9a 2• a easterly of o line described as �� 2r commencing at the southeoster!y corner of sold Lot 1, Block 2; thence South 66 degrees 14 minutes 56 seconds West, assumed bearing along the southerly line of said Lot 1, a distance of 36.51 feet; thence North 07 degrees 44 minutes 10 seconds West 109.94 feet; thence North 53 degrees 56 minutes 57 seconds West 55.55 feet to the point of beginning of the tine to be described; thence North 53 degrees 56 minutes 57 seconds West 21.63 feet; thence North 13 degrees 40 minutes 22 seconds East 51.39 feet to the north line of said Lot 1 and there terminating. N "a I/ 2 N cx m 20 2 A i r V,R`CIOO l 4, Zo 417 0 I`♦` ,*6665,\ss N N cn Lr U, x t N A3 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed surveyor under the low f the store of Minnesota. Dote s ay of ���998 O By: Surveyor, Minnesota License No. 17765 SE CORNER OF LOT 1, BLK 2, KINGSWOOD PONDS SECOND ADD17CN METRO LAND SURVEYING & ENGINEERING 332 CCUVTY RD. D• LITTLE CANADA, A4V 55r PNQNE 165D 766-0f2 FAX, (65D 766.0612 EMAIL: survey ® metrols.cam Rm Agenda Information Memo November 2, 1998 ACTION TO BE CONSIDERED: To receive the petition to vacate First Street rights-of-way, and schedule a public hearing to be held on November 30, 1998. FACTS: • City staff has requested vacation of First Street rights-of-way north of Kenneth Street and South of Keefe Street. • These rights-of-way were originally dedicated with reduced widths as a part of McKee Addition and McKee 3rd Additions. • The rights-of—way are not depended upon for access to any properties and would therefore not create landlocked parcels. • The purpose of the vacations is to eliminate unnecessary and excess rights-of-way and the associated maintenance liabilities. ATTACHMENTS: • Location map, page 3c • Legal description graphic, page 33 I PROPOSED VACATI P� j Clty of Ea L E X 1 N'(3 ON ARK Li ONE OAK ROAD L 0 C' A ]...I O N VA:P .................................................. ..................... I ............................... 3 oa Flgure 1 Sande Zan 7 SQwveying tnc. 9001 E. Bloomington Freeway (35W) Bloomington, MN 55420 (612) 881-2455 /V/i�/�L_L_ I ��LIA -N el KEEFE L •• • • S TREET 589 025'00'Z- Easement 25'00'E Easement Sketch For.- CITY oraCITY OF EA CAN n 30 30 30.00 NORTH LINK = OF LOT n nn/T/nn / L -1L-1 V 0 /x It A �— z 1 :5 r� WC S AVC OF OT SOUTHLIINE OCL �a� S .SB N89 029'00 "W That part of First Street as dedicated in the plat of McKEE 3RD ADDITION, Dakota County, Minnesota, lying between the easterly extensions of the north and south lines of Lot I, Block 2, said McKEE 3RD ADDITION. (11 �V V n NV If jV 0 J0. 00v `,J n, Ill We hereby certify that this sketch, plan or report was prepared by me or under my instruction and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Dated this 25th day of September, 1998 (25)8Y'VNDE L/AND SURVEYIN -INC. ------------ 98-204 r.Z7 R..ZJ SZ SvT 9810400/.dwg Edward H. Sunde, R.L.S. Minn. Reg. No. 8612 Agenda Information Memo November 2, 1998 ACTION TO BE CONSIDERED: To receive the petition and authorize the preparation of a feasibility report for Project 765 (Robin Lane — Sidewalk Improvements). • On October 19, 1998, the city received signatures representing 41 properties in the Blackhawk Forest area requesting the installation of a sidewalk along the west side of Robin Lane. • Robin Lane intersects Blackhawk Road on the east side of Highway 13 and again just north of Silver Bell Road. • Due to the significant number of signatures on the petition, it would be appropriate for the City Council to authorize the preparation of a Feasibility Report to determine the scope, cost, schedule, and method of financing the construction of this sidewalk. ATTACHMENTS: • Location map, page 3.S . 3� r $URGUN�Y �� SILVER BELL RD. 7 to, ASHBURY S HILL 3 ARK p+ \ CRESTRIDGE LN. 0 W EER POND Z MONTEREY LN. o y � CIR. PROPOSED J SIDEWALK KYLLO LN. p BLUEBILI r��c wm a w OC W U [r) 3 Q Q city of eagan ROBIN LANE - SIDEWALK PUBLIC LOCATION MAP ULWORKS r DEPARTMENT J RI` -,E Agenda Information Memo November 2, 1998 Eagan City Council Meeting FOOTING AND FOUNDATION PERMIT REQUEST — STRINGER BUSINESS SYSTEMS (LOT 1, BLOCK 3, GRAND OAK TWO) ACTION TO BE CONSIDERED: > To approve or deny a footing and foundation permit for the Shenehon Company (for Stringer Business Systems) on Lot 1, Block 3, Grand Oak Two prior to Final Subdivision approval. FACTS: > The City Council approved a preliminary subdivision for Grand Oak Two consisting of 5 lots and 5 outlots at their regular meeting on October 20, 1998. > Shenehon Company is in the process of purchasing Lot 1, Block 3, Grand Oak Two to accommodate construction of a 26,786 s.f. office/warehouse for the corporate offices of Stringer Business Systems. The building is proposed to consist of 62% office and 38% warehouse and is consistent with the Business Park zoning and land use designations. > The proposed site plan indicates the building location exceeds all setback requirements and meets all other code requirements for parking and building coverage. > According to the applicant, Stringer Business Systems must move into their new facility by the end of July 1999. The early foundation permit will allow pouring of the foundation this fall and building construction next spring. That construction schedule would ensure the building is ready for occupancy by July 1999. ATTACHMENTS: n > Letter from Shenehon Company, pages / through > Proposed site plan for Stringer Business Systems, page, WE SL101ILL HENEHON COMPANY Robert J. Strachota MAI rvtn a It N\/.. Sut snos. Denise M. O'Leary Shenehon Company 219 South Fourth Street Minneapolis, MN 55401 October 20. 1998 Nis. Julie Farnham City Planner, City of Eagan 3830 Pilot Knob Road Eagan, MN 551'12 Dear Julie: Pursuant to our conversation of Monday. October 19, 1998, we are making a formal request to be on the agenda for the November 2, 1998 City Council Meeting. We are in need of an early foundation permit for Lot 1 Block 3 of the Grand Oak Business Park. We need an early foundation because our tenant, Stringer Business Systems, has been able to negotiate an extension on their current lease only through July of 1999. The original plans with Wispark called for construction to begin in September of 1998. Due to platting changes, Wispark has been unable to deliver title to this land parcel. We expect to have title by November 1, 1998. If we can get the foundation in the fall, we will be on target to put up the structure in the spring and avoid winter construction problems. We understand that you need the following items, which will arrive by Monday, October 26. 1998: a) One large site plan showing setbacks, roads, parking areas, and building footprint. b) One 8 1/2" x l l" site plan for the exhibit. c) Description of warehouse size and office size. 3� ...shcn Km ... m E ttu,l. sulurtstrneMxt.utn 2 14 wroth FFanth Street, suite 41N1, M Inch.,., %Imn"Ki i5411 611.113.6i 13 Fw 613 t44-1633 Ms. Julie Farnham October 20, 1998 Page 2 Thank you for your help in this matter. D. M. O'Leary cc: Mark Murphy James Chick John Stringer Dave Busch Greg Miller Dale Schoeppner G \STAINGEP',[1 Owg Mon O:t 26 12 46 57 1998 �! . 11611111 Agenda Information Memo November 2, 1998 Eagan City Council Meeting K- RECOMMENDATION, BURNSVILLEXAGAN TELECOMMUNICATION'S COMMISSION, COMPETITIVE FRANCHISING APPLICATION AND REVIEW PROCESS ACTION TO BE CONSIDERED: To adopt the "Policies and Procedures Governing Application, Review and Recommendations Regarding Grant of Competitive Cable Franchises." FACTS: • Based on staffs contact early this year by an attorney representing a party investigating the possibility of obtaining a second cable franchise in the Member Cities, staff determined that the Member Cities do not have a formal process for receiving, reviewing and awarding a competitive franchise. As a result, the Telecommunications Commission directed legal counsel to prepare a policy providing a process that both Member Cities, the Commission and any franchise competitor would follow. • The Commission and staff reviewed the proposed policy at both its September and October meetings. At the Commission's October 22 meeting, the Commission took official action to recommend that the Member Cities adopt the attached "Policies and Procedures Governing Application, Review and Recommendations Regarding Grant of Competitive Cable Franchises" document. ISSUES: • While the original competitive contact has not resulted in any further interests, to date, the likelihood of competition is real. While the Member Cities encourage competition, it is assumed that the Member Cities wish to ensure minimal fiscal and administrative impact on the Member Cities. The adoption of the "competitive franchising polices" is a proactive measure that covers four key areas. Scope of authority - The only cable television franchising process the Member Cities have conducted was the initial RFP/franchising process in 1982-83. The joint cable commission was created at that time to assist the Member Cities with reducing the administrative burden/expenses, to streamline the process and to provide shared administrative oversight of the awarded franchise. This same goal is anticipated. W Potential litigation - Where cities have entertained a competitive franchise, litigation by the incumbent has happened in many circumstances. This policy attempts to reduce any litigious actions by incumbent and/or competitor. Fees and administrative costs - The application and review process can be very expensive. To use the incumbent's existing franchise fees could create legal objections from the incumbent. The policies provides the mechanism for recovery of such application, review and negotiations expense. The statutory process - The policies provide a formal application procedure that standardizes and incorporates the State's statutory process and makes appropriate modifications for competitive franchising. ATTACHMENTS: Policies and procedures document enclosed on pages _l-- through � Z/ / •wVl A.. S(RMICR' THOMAS 0. CRt10NTON SCOTT A. LIISON OAYIO «. NIOMTINOAL(I .AVL J. OUAST' ROS(RY J, v. YOt( WILLIAM S. IOgSCRO' BERNICK AND LIFSON A .ROICSSIO.AL wss OCIATIOM ATTORNEYS AT LAW SVIT( 1200. TMC COLONNAO[ IAL[O AO�IIT,(O IN WI[COM[IN 410 C[wTln[O hSUG ACCOVNUNT 1400 WAY 2AT^ SOULCVARO '4[O AOMnT[O -N ILOMIOA MINNEAPOLIS, MINNESOTA 65416-4270 TtLK..ONt I612I 1.0-1200 IACDIMIL[ (012) 646-6002 October 2, 1998 LcawL Au1tuN+ M/1TNRTN O. Mwt T[RMAH BURNSVILLE-EAGAN TELECOMMUNICATIONS COMMISSION POLICIES AND PROCEDURES GOVERNING APPLICATION, REVIEW AND RECOMMENDATIONS REGARDING GRANT OF COMPETITIVE CABLE FRANCHISES Preamble The Burnsville -Eagan Telecommunications Commission is a municipal joint powers consortium organized pursuant to Minn. Stat. § 471.59 and comprised of the Cities of Burnsville and Eagan. Minnesota. The Commission was formed by agreement of the Member Cities. The purpose for creating the Commission was to allow for efficient and coordinated administration and enforcement of the cable Franchises of the Member Cities and to coordinate cable -related matters for the benefit of the Member Cities and subscribers. The agreement of the Member Cities is embodied in the Joint and Cooperative Agreement Establishing a Commission for the Administration of Cable Communications System, as amended, which defines the authority, powers. duties and obligations of the Commission. The Commission has generally been delegated the authority to undertake all tasks necessary to coordinate, administer. and enforce the Franchises of the Member Cities. Further, the Commission may exercise any other power necessan, and incidental to the implementation of its fundamental tasks. and may conduct such research and investigation and take such action as it deems necessary on any matter related to or affecting cable communications. While the Member Cities have retained final authority to grant Franchises to cable providers, they have delegated fundamentally all other authority regarding such Franchises to the Commission. The Commission was organized prior to grant of the current Franchises by the Member Cities. The Commission reviewed proposals for and helped coordinate the grant of uniform Franchises by the Member Cities. Subsequently, the Commission has undertaken tasks necessary for renewal of the Franchises including consideration of the telecommunications needs and interests of the community and initial negotiation of the terms of uniform Franchises to -be presented to the Member Cities for consideration. Modern telecommunications policy, law and regulations encourage the emergence of competition in all telecommunications markets. Increased competition in the provision of all telecommunications services is expected, including in the provision of cable television service. The emergence of such competition could increase the quality and availability of enhanced telecommunications services via cable systems, encourage lower rates, encourage better customer service. and generally benefit consumers. Policies and procedures regarding application for and review of applications for competitive cable Franchises will streamline the processing of requests to provide such competitive telecommunications services. In view of the foregoing, the Commission has formulated policies and procedures for application and review of applications for competitive Franchises within the Member Cities. Pursuant to these policies and procedures the Commission has delineated the information which must be provided in an application fora competitive Franchise. detailed a process for review of such application and negotiation of the terms of the Franchise agreement, and provided for the presentation of a formal recommendation regarding the grant of such Franchise(s) to the Member Cities. All of these functions are within the current authority delegated to the Commission in the Joint Powers Agreement. Section 1. Definitions "Applicant" shall mean a Cable Company that files an Application with the Commission "Application" shall mean the information, documentation, and data, of the form and substance required herein, filed by a Cable Company with the Commission requesting the Commission's consideration and recommendation to the Member Cities regarding grant of competitive Franchise. "Application Fee" shall mean a fee which is intended to cover all costs incurred by the Commission and its Member Cities related to processing Applications up to and including the grant of Franchise (if any) including, but not limited to, staff and attorney's time in reviewing and considering an Application and related information, negotiating the terms and conditions of Franchises, and preparing recommendations, Franchises and other documentation related to such Application. "Cable Company" shall mean any person owning, controlling, operating, managing or leasing a Cable System within the state or any person seeking a /Franchise or authorization to do so. "Cable Svstem" means a system which operates the service of receiving and amplifying video programs and distributing those programs by wire, cable, microwave or other means, whether the means are owned or leased, to persons who subscribe to the service. This definition shall include open video systems and all other similar systems regardless of ownership and control, to the extent permitted by law. This definition does not include: (a) a system which serves fewer than 50 subscribers; (b) a master antenna television system; (c) a system which does not use the public rights-of-way for the construction of its I Ll3 physical plant: and (d) a translator system which receives and rebroadcasts only over -the -air signals. "Commission" shall mean the Bumsvi I le -Eagan Telecommunications Commission, a municipal joint powers consortium, and its lawful successors or assigns. "Franchise" shall mean any authorization granted by a Member City in the form of a Franchise, privilege, permit, license orother municipal authorization to construct. operate, maintain, or manage a Cable System. "Member Cities" shall mean the cities of Burnsville and Eagan. Minnesota and such other municipalities which may lawfully join the Commission. "Policies and Procedures" shall mean these policies and procedures governing the Commission's processing of Applications for Franchises. Section 2. Applicability of Policies and Procedures These Policies and Procedures apply to every Cable System and every Cable Company. including a Cable Company which constructs. operates and maintains a Cable System in whole or in part through facilities owned or operated by another provider, that seeks to operate within the territorial limits of either or both of the Member Cities. Authority: Minn. Stat. Sec. 238.03 Section 3. Franchise requirement Subd. 1. In accordance with state and federal law, each Member City shall require a Franchise of any Cable System providing service within the municipality. Subd. 2. Nothing in these Policies and Procedures shall be construed to limit any of the Member Cities from the right to construct, purchase, and operate a Cable System or otherwise provide any telecommunications services either for internal municipal purposes or for sale to the public. Any municipal system shall be subject to this Franchise requirement to the same extent as would any nonpublic Cable System. Subd. 3. Franchises for Cable Systems shall be reasonably uniform to permit efficient administration and enforcement by the Commission. Authority: Minn. Stat. Sec. 238.08 Section 4. Application for Franchise Subd I . Franchising of Cable Systems and Cable Companies by the Member Cities shall comply with Minnesota Statutes, Chapter 238 and other applicable state and federal laws. Nothing in these Policies and Procedures shall be deemed to alter or limit the requirements of such laws. Subd.2. Review of Applications. Applications for competitive Franchises shall contain such information as is required below in these Policies and Procedures and shall be submitted to the Commission. Review by the Commission of any Applications pursuant to these Policies and Procedures and final determination by the Commission regarding a recommendation whether to Franchise such Applicant(s) may be based on any relevant and reasonable factors. Subd. 3. Public Hearing on Applications. A public hearing before the Commission affording reasonable notice and a reasonable opportunity to be heard with respect to an Application shall be scheduled and held within 120 days of receipt of an Application. This public hearing shall not replace any public hearing required by law prior to adoption of individual Franchises by the Member Cities. The incumbent Cable Company shall be given notice of such hearing in writing and shall be permitted to participate. Subd. 4. Negotiation of Franchise Terms. During the period of up to 120 days prior to the public hearing on the Application, the Commission and Applicant may negotiate specific Franchise terms and conditions for recommendation and presentation to the Member Cities. In addition, during this period the Commission shall review the Application and may request such additional information which Commission deems necessary to make final recommendations to the Member Cities. Subd. 5. Determinations. Determinations by the Commission regarding the qualifications of Applicant(s) and recommendations to the Member Cities regarding grant of Franchises shall be made based on information provided by the Applicant as required herein and such other information which Commission deems relevant in its sole discretion. The Commission mav, in its sole discretion, consider information developed during any negotiations with the Applicant during the 120 review period and any information or evidence adduced by the incumbent Cable Company. Within 60 days after such public hearing the Commission shall issue written recommendations to the Member Cities regarding such Application. These recommendations may include a uniform Franchise document for adoption by the Member Cities. Subd. 6. Award of Franchise. Franchises may be awarded only by ordinances issued by the Member Cities. Subd. 7. Costs of Reviewing Application and Issuing Franchise. The Applicant shall pay the Application Fee required below. The Application Fee is required for the purpose of reimbursement of the Commission and Member Cities for all costs associated with processing Applications pursuant to these Policies and Procedures. In the event the Commission recommends 0 denial or non -issuance of Franchises by the Member Cities, any portion of the Application Fee which remains after payment of all Commission and Member Cities' costs will be reimbursed to the Applicant. In the event Commission recommends approval or issuance of Franchises by the Member Cities, Commission shall retain the full amount of the Application Fee. Should the Application Fee not cover the expenses of the Commission or the Member Cities, those unreimbursed expenses shall be reimbursed prior to any consideration of the Franchise by a Member City. A successful Applicant shall be fully responsible to reimburse the Commission and the Member Cities for all costs of awarding the Franchise. Subd. 8. Franchising nonprofit or municipally -owned system. Nothing contained in this section prohibits a Member City from franchising a nonprofit or municipally -owned system. The municipality or nonprofit entity may be considered an Applicant subject to these Policies and Procedures in the event service will be provided outside of a single Member City. Authority: Minn. Stat. § 238.081 [Note: Minn. Stat. § 238.081, Subd. 10, specifically authorizes municipalities to delegate all of the above rights and responsibilities to a joint powers consortium such as the Commission. The Joint Powers Agreement could be amended to better clarify this delegation. Delegation of this authority is currently implied but not explicit in the Agreement.] Section 5. Information Required in Application. An Application for a competitive Franchise must be signed by an authorized officer or principle of the Cable Company and be notarized and must include at least the following: (1) the name of the municipality(ies) in which the Applicant seeks to construct a Cable System and provide services; (2) the name, address, and telephone number of the individuals who may be contacted for . further information. (3) plans for channel capacity and overall system capacity, including both the total number of channels capable of being energized in the system and the number of channels to be energized immediately; (4) a statement of the television and radio signals for which permission to carry will be requested from the Federal Communications Commission. or any other required regulatory agency; (5) a description of the proposed system design and planned operation, including at least the following items: (i) the general area for location of antennae and the head end, or description of programming delivery plan if otherwise; (ii) the schedule for activating two-way capacity and any other system capacity to be activated in conjunction with the Cable System; (iii) the type of automated services to be provided: (iv) the minimum number of video channels, other Cable Services, and other kinds 5 KOV of services to be made available to residents; (v) the number of channels and services to be made available for community/access programming; and (vi) a plan for funding of facilities and staff for community/access programming and/or a plan for interconnection and provision of such programming in cooperation with the incumbent Cable Company; (6) plans for the provision of Institutional Network capacity and services or other "in-kind" services and the terms, conditions and technical standards under which particular service is to be provided to governmental, educational, and other institutional entities; (7) a list of all institutions receiving Institutional Network service. (8) a schedule of proposed rates in relation to the services to be provided, and a proposed policy regarding unusual or difficult connection of services; (9) a time schedule for construction of the entire system with the time sequence for wiring the various parts of the area requested to be served in the request for proposals; (10) the applicant's qualifications and experience in the cable communications field, if any; (11) an identification of the municipalities in which the applicant either owns or operates a Cable System, directly or indirectly, or has outstanding Franchises for which no system has been built; (12) detailed plans for financing of the proposed system, which must indicate every significant anticipated source ofcapital and significant limitations or conditions with respect to the availability of the indicated sources of capital; (13) a statement of ownership detailing the corporate organization or other structuring of the applicant including the names and addresses of officers and directors and the number of shares held by each officer or director, and intracompany relationship including a parent, subsidiary or affiliated company; (14) a statement of a form and substance acceptable to Commission indemnifying Commission and its Member Cities fully against any claims or liabilities alleged as the result of Commission's exercise of these Policies and Procedures including any such claims or liabilities alleged or asserted by the incumbent Cable Company; (15) an agreement to pay the Member Cities a Franchise fee in the same percentage of gross revenues as the incumbent providers with "gross revenues" defined the same or similar to that in the incumbent's Franchise; (16) a notation and explanation of omissions or other variations with respect to the requirements of the Application; and (17) submission of an initial Application Fee in the amount of $50,000.00. Authority: Minn. Stat. Sec. 238.081, Subd. 2 and 4. Section 6. Negotiation of Franchise Terms and Conditions. Subd. 1. The Commission shall not negotiate and recommend to the Member Cities an additional Franchise for Cable Service for an area included in an existing Franchise on terms and conditions more favorable or less burdensome than those in the existing Franchise pertaining to: (1) the area served, (2) public, educational, or governmental access requirements; or (3) Franchise fees. The provisions of this paragraph shall not apply when the area in which the additional Franchise is being sought is not actually being served by any existing Cable Company holding a Franchise for the area. However, nothing in this paragraph prevents Commission from recommending or the Member Cities from imposing additional terms and conditions on any additional Franchises. Subd. 2. Nothing in these Policies and Procedures shall be construed to limit the power of any Member City to impose upon any Cable Company any legally permissible fee, tax or charge. Authority: Minn. Stat. § 238.08. Section 7. Proprietary Information Any, proprietary, confidential or privileged information submitted by an Applicant, or possessed by the Commission or the Member Cities regarding the incumbent Cable Company, shall upon written request be kept confidential to the extent permissible by law. U able BURNS V ❑.c=P f�hismg memo -3 .pd Agenda Information Memo November 2, 1998 Eagan City Council Meeting L. ADOPTION OF 1999 BURNSVILLE/EAGAN COMMUNITY TELEVISION BUDGET ACTION TO BE CONSIDERED: To approve the 1999 Burnsville/Eagan Community Television Budget. FACTS: The 1999 Bumsvillc Eagan Community Television's (BELT) budget is comprised using 100% of the PEG access fee. No franchise fees or general revenues arc used. The PEG fee can only be used to support BELT operations. Based on the proposed BECT budget (see attached), as submitted to the Telecommunications Commission for informative purposes, the Commission approved at its October meeting the 1999 PEG fee at 5115 per subscriber per month. This is an increase of S.I 5 over 1998, which is S.05 less than projected during the PEG access transfer discussions. It is anticipated that the projected 1999 PEG fee revenues will cover the proposed 1999 BELT budget. In 1992, the Member Cities appointed the Commission as the cable rate regulatory body for the Member Cities in all matters pertaining to the Basic Service tier, which includes the PEG fee. This was reinforced with the recent adoption of the revised Joint Powers Agreement. The 1999 proposed BECT budget is primarily an inflationary budget with few substantial changes. Those changes are: 1) the addition of a seventh full-time BECT staff person: 2) the purchase of computer equipment to accomplish assimilation into the City of Burnsville's computer network system, which also allows for communication with the City of Eagan and; 3) the replacement of the wom carpet and furniture with new carpet, work stations and a office lighting upgrade. ISSUES: As the 1998 BELT budget was the first budget developed as a city operation, and as there are only several months of actual operation under this budget, it is difficult to draw conclusions for developing the 1999 budget. As such, staff used the historic activities of the cable company's access operations combined with BECT's current and anticipated activities. The addition of the seventh staff person is not predicated so much on any new demands of the operations, but more on what should have been done several years ago. The current staffing number of six had been set as a result of the original franchise requirement determined in 1983. It had been staffs intent to negotiate an increase in staffing within the franchise renewal process. At a minimum, one additional staff could relieve Manager Hotchkiss and other staff' from having to do many of the clerical responsibilities and allow more time to do production, including facilitation of more volunteer productions. This is an efficient and cost effective approach to the management of the operations. The addition of the new monthly program "Community Journal" has also effected staffs ability to handle the increase in volunteer and city programming activities. As such, Coordinator Reardon and Manager Hotchkiss recommend the addition of the seventh staff person. The replacement of the carpet, office arrangements and lighting will provide the facility with a more "professional" working atmosphere and provide cost savings through energy efficiency. ATTACHMENTS: • Bumsville/Eagan Community Television Budget enclosed on page 2 . �O 1999 BECT Proposed Budget Budget line Item 98 Budget 99 Budget Employee Expenses FTE's 197,536 237,536 Part-time 2,000 5,000 Overtime 3.000 5,000 202,536 247,536 Current Expenses Office Rent 39,340 42,408 Property Tax 13,295 11,495 Water & Sewer (included in utilities) Insurance - 9,000 Utilities 9,000 9.000 Cleaning & Hauling 7,200 7,200 Common Area Maintenance 5,004 7,000 Tuition and Training 1,000 3.500 Travel 1,000 1,000 Vehicle Expense 5,000 5,000 Equip Repair/Production & Equip Supplies 6,000 10,000 Office Material / Supplies 3,500 4,000 News Program Production Expense 12,000 5,000 Dues & Subscriptions 100 100 Postage 500 1,500 Telephone 2,500 2,500 105,439 118,703 Capital Outlay Production equipment, computer, Furniture 103,820 106.000 Total Projected Revenue S/ 411,795 411.795 472,239 480.000 Agenda Information Memo November 2, 1998 Eagan City Council Meeting i1U:3Plei ,10 "m 7IiZ ACTION TO BE CONSIDERED: To close the public hearing and approve or deny certification of delinquent utility accounts to Dakota County for collection with property taxes. FACTS: The City currently has approximately 241 utility bill accounts with delinquent payments. The assessable amount of these accounts is 540,664.80. These items are in order for certification to the County. ATTACHMENTS: • Delinquent account list attached on pages S through�. REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID ANT -OPEN ACCOUNT -STATUS ASSESS -ANT 1010140004 101670307007 198.08 AC 223.08 1010510404 101670310008 17.84 AC 42.84 1030330304 101670106005 112.23 AC 137.23 1030900303 101670110002 79.84 AC 104.84 1040290703 101670125001 220.10 AC 245.10 1040450702 101670109001 249.90 AC 274.90 1040770802 101670331001 140.23 AC 165.23 1050070003 108460007005 76.11 AC 101.11 1051120204 108460005002 176.51 AC 201.51 1060110202 103230011000 109.90 AC 134.90 1060650701 102488021005 184.13 AC 209.13 1060710901 102488004006 86.24 AC 111.24 1061120002 102488011003 229.95 AC 254.95 1070120904 108435103001 124.97 AC 149.97 1080250203 108435018002 184.31 AC 209.31 1080360902 108435007002 114.34 AC 139.34 1090050401 108435406001 422.13 AC 447.13 1090070201 108435408001 190.35 AC 215.35 1090510702 108435417003 150.21 AC 175.21 1090580002 108435406005 293.41 AC 318.41 1091050304 108425020001 296.58 AC 321.58 1091290506 108425015003 133.28 AC 158.28 1100130205 108460108007 87.67 AC 112.67 1101060006 108460204004 104.51 AC 129.51 1101150906 108460204005 109.90 AC 134.90 1110090602 108460233003 71.11 AC 96.11 1110550906 108460230002 174.80 AC 199.80 S3 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB ---------------------------------------------------------------------------------•-------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1110630907 108460224002 49.45 AC 74.45 1111420406 108460203001 107.30 AC 132.30 1120170402 106440006005 291.62 AC 316.62 1120400501 106440005001 5.06 AC 30.06 1140500803 108435518003 111.86 AC 136.86 1151070802 101480045001 79.63 AC 104.63 1162261002 107120007001 209.57 AC 234.57 1162270101 107120003002 222.16 AC 247.16 1170590202 104805007002 135.29 AC 160.29 1171340102 104805010101 214.60 AC 239.60 1171521605 104805004204 206.09 AC 231.09 1172100805 107297518002 226.20 AC 251.20 1174370502 107297703201 181.05 AC 206.05 1181630301 101350017006 214.37 AC 239.37 1181690703 101350011006 96.26 AC 121.26 1190130301 101500309001 205.35 AC 230.35 1190160002 101500312001 136.85 AC 161.85 1200730802 108195016001 217.65 AC 242.65 1200930403 108195005002 300.59 AC 325.59 1211080506 101715316001 231.24 AC 256.24 1212180201 108355001004 148.88 AC 173.88 1212240402 108355001005 94.07 AC 119.07 1213030803 106760005002 216.57 AC 241.57 1221370805 105210016005 118.34 AC 143.34 1221570305 105210018002 169.97 AC 194.97 1222250103 105210010005 113.05 AC 138.05 1222800302 105210003006 256.66 AC 281.66 Sf' REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1223380503 107298802004 242.26 AC 267.26 1224720102 107299604001 158.91 AC 183.91 1226260602 102580101004 145.85 AC 170.85 1230330103 103980101009 51.68 AC 76.68 1230790601 103980018002 82.96 AC 107.96 1230930804 103980102001 34.66 AC 59.66 1231130403 103980202006 120.34 AC 145.34 1231170003 103980202007 133.51 AC 158.51 1231760803 103980302009 157.50 AC 182.50 1242070901 105210107001 168.95 AC 193.95 1246200802 104509010002 116.90 AC 141.90 1250500406 107595003003 94.85 AC 119.85 1251570602 107595117001 165.27 AC 190.27 1260120904 101660001201 122.33 AC 147.33 1260440103 101660105003 292.96 AC 317.96 1260830306 101660204001 61.30 AC 86.30 1260920205 101660212102 164.46 AC 189.46 1261610808 101740019800 50.93 AC 75.93 1262310401 101740008201 112.56 AC 137.56 1262480503 101740221102 80.30 AC 105.30 1262500008 101740223002 258.89 AC 283.89 1262540602 101740227002 307.46 AC 332.46 1262560405 101740209103 162.64 AC 187.64 1262920003 101740214002 68.39 AC 93.39 1263160202 101740202104 18.32 AC 43.32 1263307901 101740506101 53.21 AC 78.21 1263321002 105355001001 141.44 AC 166.44 SS REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -ANT 1263400204 105355006001 105.85 AC 130.85 1264410001 106920010000 108.64 AC 133.64 1270070403 106398007001 203.19 AC 228.19 1270870703 106398004008 268.08 AC 293.08 1280060305 106398103010 81.13 AC 106.13 1280170003 106398102009 136.42 AC 161.42 1280650102 106398204007 194.43 AC 219.43 1280730104 106398204006 112.49 AC 137.49 1280800206 106398203006 107.23 AC 132.23 1280840807 106398609001 216.40 AC 241.40 1281010704 106398303005 50.19 AC 75.19 1281200404 106398303009 154.83 AC 179.83 1281250902 106398304008 136.32 AC 161.32 1281670805 106398402013 131.26 AC 156.26 1282700201 105675003004 46.20 AC 71.20 1282760601 105675104003 131.04 AC 156.04 1283610203 101375016003 68.35 AC 93.35 1283810805 101375002001 239.89 AC 264.89 1283910603 101375009002 127.61 AC 152.61 1290400903 102275001002 105.76 AC 130.76 1291130103 102275047002 252.17 AC 277.17 1300440302 107820006003 70.55 AC 95.55 1303020002 102560103004 223.31 AC 248.31 1310570501 101230005005 224.75 AC 249.75 1310990501 104727702003 184.37 AC 209.37 1311270102 107296108001 167.36 AC 192.36 1311950802 104727803004 71.06 AC 96.06 m REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 1313160202 104433010001 56.00 AC 81.00 1315460401 103215125002 117.38 AC 142.38 1316630101 108375101004 258.57 AC 283.57 1317810802 104509406001 110.89 AC 135.89 1318800802 108350012001 109.17 AC 134.17 1319200001 105769003005 192.87 AC 217.87 1550480601 100340002076 35.39 AC 60.39 1551390601 100360001082 17.33 AC 42.33 2310440902 101670027002 82.96 AC 107.96 2311200602 101670008006 149.51 AC 174.51 2311220405 101670010006 358.11 AC 383.11 2311340001 101670020005 75.72 AC 100.72 2321370504 101670201006 80.26 AC 105.26 2330080901 101665004001 104.67 AC 129.67 2330490003 101670234008 115.83 AC 140.83 2330580803 101670243008 247.57 AC 272.57 2330950304 101670416002 65.11 AC 90.11 2340230802 100190001211 112.68 AC 137.68 2341221601 100170001275 70.15 AC 95.15 2342000303 101430110001 110.15 AC 135.15 2342060704 101430103001 139.72 AC 164.72 2350920105 101670405012 201.59 AC 226.59 2350930003 101670408011 163.82 AC 188.82 2350980502 101670413011 198.81 AC 223.81 2351250201 101670406006 70.74 AC 95.74 2360140402 101670402007 74.22 AC 99.22 2380330701 101670415010 139.13 AC 164.13 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 2380360401 101670412010 180.60 AC 205.60 2380880104 101670614002 193.60 AC 218.60 2390010303 100200004177 5.66 AC 30.66 2390050903 101190004001 124.30 AC 149.30 2390620901 101670608010 248.26 AC 273.26 2391840202 103295102007 106.78 AC 131.78 2391940003 103295104009 159.78 AC 184.78 2391960802 103295204006 233.22 AC 258.22 2400310504 107710002018 110.78 AC 135.78 2401010004 107710001005 49.79 AC 74.79 2401220506 107710001001 93.85 AC 118.85 2401250206 107710002008 149.91 AC 174.91 2410760901 101670708008 246.56 AC 271.56 2410880503 101670708005 250.49 AC 275.49 2410960503 101670727006 161.71 AC 186.71 2411470404 101670712004 89.85 AC 114.85 2411590905 101438701001 12.54 AC 37.54 2411850701 101438705002 85.25 AC 110.25 2420160007 107300203009 81.48 AC 106.48 2420410907 107300005020 152.84 AC 177.84 2420570004 107300004014 107.45 AC 132.45 2421080901 107300104014 136.75 AC 161.75 2421620203 107300404002 256.04 AC 281.04 2421650905 107300402002 49.84 AC 74.84 2430290301 107650103001 101.35 AC 126.35 2430850401 107650202011 123.93 AC 148.93 2432370103 105750301002 289.30 AC 314.30 S8` REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB ------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS - ------ ----------------------------- ASSESS -AMT 2432450107 105750318003 65.64 AC 90.64 2432780104 108446123001 50.19 AC 75.19 2433380902 108446012001 312.50 AC 337.50 2433570504 108446011002 406.98 AC 431.98 2433610903 108446007002 62.68 AC 87.68 2440840302 103310001001 1.47 AC 26.47 2451630404 108365108002 314.14 AC 339.14 2451900103 108365303003 129.27 AC 154.27 2460590905 102190040001 75.52 AC 100.52 2460660003 102190052001 102.14 AC 127.14 2471268901 101380005001 200.02 AC 225.02 2490110003 103275004002 183.36 AC 208.36 2500040707 101499004001 1.34 AC 26.34 2500131404 101499306001 264.85 AC 289.85 2500200702 101499020001 183.86 AC 208.86 2500680001 101499234001 186.86 AC 211.86 2500690901 101499317001 30.39 AC 55.39 2501140402 101499361001 137.25 AC 162.25 2501260002 101499301002 262.83 AC 287.83 2510720201 103190002003 204.67 AC 229.67 2550340001 104445004001 24.42 AC 49.42 2560210301 106767005002 112.19 AC 137.19 2561430602 101997504002 129.49 AC 154.49 2561620201 101997505004 22.03 AC 47.03 2564920301 101432513002 128.04 AC 153.04 2566550601 106712502013 60.53 AC 85.53 3550490101 100380008002 17.60 AC 42.60 s9 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB ------------------------------------------------------------------------------------------------ PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 3610090702 106805003102 27.40 AC 52.40 3610710004 104130005001 56.88 AC 81.88 3611520204 101630003001 169.87 AC 194.87 3614790804 101815202004 273.95 AC 298.95 3621740403 105530019003 200.54 AC 225.54 3630030902 103289003001 127.30 AC 152.30 3630240402 108140001003 255.91 AC 280.91 3630657902 105540007001 52.41 AC 77.41 3630700702 101830009105 107.53 AC 132.53 3631270001 101830011008 132.26 AC 157.26 3640181806 102096012004 179.92 AC 204.92 3640620504 102096016004 139.53 AC 164.53 3643050201 104465157001 178.52 AC 203.52 3643370402 104465105001 1.81 AC 26.81 3650470203 104775006001 192.61 AC 217.61 3650900805 104775004003 180.62 AC 205.62 3651030305 104775110001 99.76 AC 124.76 3651260601 104775210002 80.79 AC 105.79 3660330602 101560003000 64.64 AC 89.64 3660420502 101560009000 119.92 AC 144.92 3660670502 106710001001 192.42 AC 217.42 3660750502 103200002000 11.78 AC 36.78 3660790101 103200003000 85.82 AC 110.82 3671290901 101550140002 174.57 AC 199.57 3672550501 101550114003 88.17 AC 113.17 3680400301 103299007003 254.18 AC 279.18 3681120601 103299003006 82.96 AC 107.96 2 REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB --------------------•--------------------------------------------------------------------------- PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 3700430602 108361203101 199.29 AC 224.29 3701120202 104506020002 53.34 AC 78.34 3710660601 107250028001 134.45 AC 159.45 3710680401 107250030001 53.18 AC 78.18 3711640702 107250011005 167.00 AC 192.00 3750500502 101827536003 99.61 AC 124.61 3770750202 104507531001 262.54 AC 287.54 3770800502 104507526001 172.77 AC 197.77 3770840101 104507522001 257.78 AC 282.78 3780040603 104508010004 42.26 AC 67.26 3781360701 104508105001 165.67 AC 190.67 3790640101 107298305001 38.87 AC 63.87 3800520302 107587505003 86.00 AC 111.00 3823940601 103095003101 18.63 AC 43.63 3826181401 101460002001 212.23 AC 237.23 32812.28* <*> 1090650102 108435401004 592.33 CB 617.33 1223580002 102580011001 67.62 CB 92.62 1283830604 101375001002 147.29 CB 172.29 2320620403 101670018009 82.36 CB 107.36 2391910302 103295101009 133.23 CB 158.23 2430520306 107650003006 160.33 CB 185.33 2433220705 108446006003 154.38 CB 179.38 3640480410 102096021001 334.99 CB 359.99 3650450407 104775004001 103.14 CB 128.14 3822180002 103299207004 51.85 CB 76.85 1827.52* <*> mom REPORT SORTED BY ACCOUNT NUMBER ACCOUNT -NUMB PID AMT -OPEN ACCOUNT -STATUS ASSESS -AMT 34639.80* 40664.80* M. Agenda Information Memo November 2, 1998 Eagan City Council Meeting B. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve or deny the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. FACTS: • The City Code allows for collection through certification of false alarm bills which are not paid. • At the October 6 City Council meeting, a public hearing was set for November 2, 1998. • The delinquent false alarm bills are S75 per false alarm with a 10% penalty and a $25 certification fee. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS: • Proposed assessment roll, page 6L GRAND TOTAL/SA 1998 false alarms S/A M PROPERTY ID S/A ASSESSED AMT ------ I------------------------------------------------------------------------ 98FALS 10.22472-050-02 $82.50 $247 10.22472-080-02 $82.50 10-22500-010-03 10-22473.010-01 $82.50 $82. 10-22500-010-03 $165.00 10-77031-010-01 10-22502-080-02 $82.50 $1,560. 10-22502-271.03 $47.50 10-22503-241-02 $330.00 10-22515-030.03 $165.00 10-22520-040.01 $165.00 10-22530-010-01 $495.00 10-23100-080-03 $495.00 10-26500-010-01 $15.00 10-27500-030-02 $82.50 10.39901-010-01 $82.50 10.47500-010-01 $163.76 10-47500-020-01 $331.24 10-52250-010-01 $82.50 10-57690-030-05 ------------------------- $165.00 98FALS 10-75925-060-01 $82.50 ------------------------------------- 10-77031-010-01 $165.00 <*> $3,362.50* $3,362.50* GRAND TOTAL/SA S/A X PROPERTY ID 1997 false alarms S/A ASSESSED AMT ------------------------------------------- ALARMS 10-16725-070.01 $165. 10-16820-010-02 $82, 10-18530-010-01 $75, 10-22472-010-02 $247 10-22472-050-02 $247. 10-22500-010-03 $165. 10-56723-020-01 $82. 10-72851-010-01 $412. 10-77031-010-01 $82. <*> $1,560. $1,560. 00 50 00 50 50 00 50 50 50 00* 00* ------------------------------------------------------------------------------- EXIT (E)7 [ J 6Y Agenda Information Memo November 2, 1998 Eagan City Council Meeting 1 ► ♦1 C 11 1\ • • ,1 1 / ►, 1111 • � � �• • ACTION TO BE CONSIDERED: To close the public hearing and approve / deny / continue the vacation of public right-of-way within Gopher Eagan Industrial Park 1" Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City Council received a petition by John Allen of Industrial Equities, LLP, to vacate Kutoff Drive and Yankee Doodle Court rights-of-way at the October 6, 1998 City Council meeting. • This request is due to the replat of Lots 1-16, Block 1, Gopher Eagan Industrial Park 1" Addition, to Gopher Eagan Industrial Park 5' Addition. • The site improvements for Gopher Eagan Industrial Park 5i° Addition depend on the vacation of the excess rights-of-way. • Kutoff Drive and Yankee Doodle Court were never constructed and were intended to facilitate previous development proposals that did not occur. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ISSUES: • The Engineering Division has reviewed the proposed plat of Gopher Eagan Industrial Park 5' Addition to insure replacement easements would be provided with the final plat. This final plat is scheduled for Council approval under the Consent Agenda. However, if for some reason, this final plat is not approved, the Council should just close the Public Hearing and continue consideration of approval to be concurrent with a future final plat action for the Gopher Eagan Industrial Park 5' Addition. ATTACHMENTS: • Location map, page 94 / • Vacation description and graphic, page4?and / G 6 �" ROAD tDAjr o� Lr LONE OAK ROAD I CO. RD. 26 -------- --I MCC � I � I I ' TI i N �'t sy V, NWYNo. 55 LLJ U Cr RITA T. opo P'� r p � J \ J 5 HILLSIDE CT. x' II YANKEE DOODLE R0. ioll > _ RD_ PROPOSED SITE 7IVY CT. J/f�. l SECTION 12 F— C' W J � I Lil --- .- ; BILK U p r ` � h 0: > ROLLING CIR. MLLS YANKEE D E CT. i R . city of eagan PUBLIC LOCATION MAP $ WORKS DEPARTMEN DESCRIPTION FOR: INDUSTRIAL EQUITY 61896-035 SCHOELL 8 MADSON. INC Engineers • Surveyors * Planners Soil Testing ♦ Environmental Services 10580 Wayzata Blvd Minnetonka, MN 55305 612/516-7601 Fax 612-546-9065 DESCRIPTIONS FOR VACATION OF PUBLIC RIGHT OF WAY That part of Yankee Doodle Court as dedicated on the record plat of GOPHER EAGAN INDUSTRIAL PARK 1ST ADDITION which lies southerly of westerly extension of the north line of Lot 7, Block 1 in said plat. That part of Kutoff Drive as dedicated on the record plat of GOPHER EAGAN INDUSTRIAL PARK 1 ST ADDITION which lies southerly of the easterly extension of the north line of Lot 1, Block 1 in said plat. Date: September 17, 1998 ,�" � Theodore D. Kemna Land Surveyor MN Lic. No 17006 6 Page 1 of 2 city of eagan PUBLIC LMWORKS DE PARTME - • � - 41� Y�J �.T.T MM..YI / M — - R[[[T To e� I / u � � Y , �Gftu RIGHT-OF-WAY VACATION EXHIBIT r•�- WOW TRIAL [oU71F {, LV. w ma RIGHT-OF-WAY VACATION EXHIBIT Agenda Information Memo November 2, 1998 ACTION TO BE CONSIDERED: To continue the public hearing for the vacation of a sidewalk easement, within the Park Center 5h Addition (document no. 13005774) from November 2, 1998 to November 30, 1998. FACTS: • City staff received a request from John Payton, Westwood Professional Services, Inc., to vacate a city sidewalk easement within the Park Center 5'" Addition. Centres Group Eagan, Ltd. is constructing a theater at this location northwest of the intersection of Cliff Road and Cliff Lake Road. • On October 6, 1998, the City Council received the petition and set a public hearing for November 2, 1998, to vacate said ten -foot sidewalk easement. • The purpose of the request is to allow Centres Group Eagan, Ltd. to construct a new sidewalk in a revised location to maintain the continuity of the existing sidewalk system while allowing them to construct the required parking. • The request would vacate the existing 10 -foot wide easement and replace it with a new 7 -foot wide sidewalk easement adjacent to Rahn Park. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action upon recording of the new easement. ISSUES: • The City is required to publish the vacation notice for a period of two consecutive weeks preceding the public hearing. • Although the notice was provided to the paper, the notice was not published. • Continuing the public hearing from November 2 to November 30 would allow the city the time to provide proper notice in the publication. ATTACHMENTS: • Location map, page aacaion, • Proposed Easement page 2L • New Easement, page ��. (t)4qm _r I rAEEK� CT ♦200 - - - i DFFLERD. CEDAR mlow's, OMAN C— i CEDAR POND C PARK a �I A t� CORAL La. T I_ ERIN DR. CLF;*V W DR. 4GLEW I � i MON FFALL s. � z, � 5�0TT � � PARK I � RD. CLIFFS RD. C. LJ city of eagan PUBLIC WORKS F DEPARTME PROPOSED EASEMENT VACATION r" SECTION 30 LOCATION MAP ?0 iPMUWC CT d TWER ADGER R\ o WAY III CT. PROPOSED EASEMENT VACATION 3KHIBIT A SIDZWALK EASEMENT NOf1TN UNCI LOT 4 ■�nclt 1 -�- - _ / N.COR LOT 1 7 - ISa.1 - PO O 2334 OsaO'0000' _ ^IOneZ e.1e.00' N ee•is'fa',a W s.25 A. se-10,zz" s.15.00 41,- k 17:22 -L64 41,we (� Cl SIDEWALK EASEHENr DESCRIPTION A 10.00 toot easement for sidewalk purposes over,'upon, along, through, and across the following described property: Lot 1, Block 1, PAxx crmmx tIPTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. The centerline of said easement IN described as followsr Beginning at a point in the north line of said Lot 1, Block 1 distant 158.74 fast west of the northeast corner thereof; thence southeasterly on a curve concave to the nortbeast, central angle 90 degrees 00 minutes 00 seconds and radius 15.00 feet 23.56 feet; thence North B9 degrees 58 minutes 36 seconds Last, parallel with the north line of said Lot 1, Block 1, a distance of 100.52 feet; thence southeasterly on a tangential curve concave to the south- west, central angle 35 degrees 19 minutes 32 seconds and radius 15.00 feet 9.25 fsetr thence South 54 degrees 41 minutes 50 seconds East, tangent em the last described curve, 17.22 feet to the southeasterly line of said Lot 1, Block 1 and there terminating. The side lines of said easement shall be prolonged or shortened to terminate in the southeasterly line of said Lot—l. a BOERHAVE LAND SURVEYING 14217 Miloka Circle K.E. Pnor Lakc. Mlnnca m 55772 612j 5-915 SIDEWALK EASEMENT SKETCH R t ticii r iy c.ti -,c.�i -Ewwe <, \ m An eas nn&nt for nidewolk PyrPoses O</Ot' that port of Lor I. Block I. PARK C£Nrt nrrH ADDITION, accordmnq to the recorded plot lhereo( Dakota County. k/Nlnevoto, described as follows' The north 700 feet I).nq east of Me vest 10700 feet of said Lar 5n 1'. 50 Net Centre# Group Eagan, L. TA WW"twooe Profess onol Serkice5, Inc caw+ hww. Iw 55J.. /617) OJ7-5150 eF CRU I pare. 2/2e/98 I'be Ne 97!95 hJ9sr Oxc Agenda Information Memo November 2, 1998 ACTION TO BE CONSIDERED: To close the public heating and approve the final assessment roll for Project 733 (McKee Additions - Street Reconstruction and Utility Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 733 provided for the reconstruction of the streets, upgrade to concrete curb and gutter, installation of additional storm sewer, and the repair of a portion of the sanitary sewer within McKee Addition and McKee 2nd and 3rd Additions. The neighborhood is located northeast of the intersection of Lexington Avenue and Lone Oak Road. • The final assessment roll was presented to the City Council on October 6, 1998, with a public hearing being scheduled for November 2 to formally present the final costs associated with this public improvement to the affected benefiting properties. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an informational meeting was held October 27 to address the property owners' questions and provide any additional information of interest. Of the 88 parcels being assessed, only 6 property owners representing 5 properties attended the meeting. ATTACHMENTS: • Final Assessment Roll Summary, page 2Y. • Minutes From Informational Neighborhood Meeting, pages -25—� through —22 9,� PROJECT HEARING DATES NUMBER - LU ASSESSMENT - November 2. 1998 NAME - McKee I" uah 3 d Additions IMPROVEMENT - Apri121, 1998 Street RecongtructiM IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.-Feasiblity Report FINAL ❑ Trunk ❑ Lateral ❑ Service ❑ Lot. Benefit/tnmk ❑ WATER Tnmk ❑ Lateral ❑ Service ❑ Lat. Benefit/mink ❑ WAC F.R BATE UNITS STORM SEWER ❑ Trunk ❑ Lateral ❑ Lat. Beaefit/trunk STREET ❑ Gravel Base * Surfacing ❑ Res. Equiv. ❑ Multi. Equiv. ❑ C(I Equiv. ❑ TraiVSidewalk FINAL F.R BATE BATE 1 'IlIITS (1)S2S00.00 (2153228.55 /LOT SERVICES MERTLIGHTS ❑ Water & San Sewer ❑ Installation ❑ Energy Charge CONTRACT NO, OF INTEREST AMOU T CM )YQ, PARCEj—R TEEM RATE ASSESSED MANCFD SM&OSS F R 5152.075 F.R. 98-13 141 15YCiLS 6.5% 5285.1100.00 5235.785.24 COMMENTS6 (1) Rate is based on appraisal (2) F.R. rate was recomputed based on 114 lot units Y CITY PROJECT NO. 733 ASSESSMENT INFORMATIONAL NEIGHBORHOOD MEETING McKEE ADDITIONS STREET IMPROVEMENTS TUESDAY, OCTOBER 27, 1998 7:00 P.M. COMMUNITY ROOM Attendance Russ Matthys, City Engineer; 6 people representing 5 properties (see attached sign- up sheet). A. Welcome and Presentation • City Engineer Matthys welcomed the property owners • City Engineer Matthys presented a summary of the Final Assessment Report and responded to questions B. Question/Comments Can we deduct the assessment portion of our county tax statement from our income taxes' Typically, no, you aren't supposed to deduct the assessment portion from your income taxes. Please check with your tax consultant/preparer 2 The curb and gutter is still a mess on Beatrice Street. It has black marks on it. The contractor incorrectly placed tack coat on some of the curb and gutter I thought they had cleaned all of it off I will see to it that all of the remaining curb and gutter is addressed (Upon inspection it was apparent that the black marks were from rubber tires, perhaps from contractor or public Resident was told that it should wear off over time ) 3 There are chips in the concrete apron at 1050 Beatrice Street. The curb and gutter is transitioned weird at the driveway opening. Sod is too high at the back of the curb and gutter — can't mow. Dead or thatch filled sod in spots at same address. Street is beautiful. City staff will review the chips If significant, the concrete will be repaired/replaced (One nickel sized chip on rear edge, not surface.) Concrete curb and gutter at driveway is all hand -work, shouldn't be that different from all the rest, but each one is unique Sod will be checked It will be regraded or replaced as needed 4 We were promised two replacement trees due to the removal of the large maple tree in the storm sewer easement (1068 Keefe Street). There were not any trees installed as part of this project The City does have a tree replacement program due to the '98 storms called Forever Green Did you participate in this program' No. 1 will check on the availability of trees yet this fall or there will be another distribution in the spring 5 1 participated in the Forever Green program. I appreciated it, but they needed to be more organized at the Pilot Knob Road distribution center. 6 1068 Keefe Street needs a soft spot filled with topsoil under the sod where the maple tree was removed. The sod is also a little low on the opposite side of the driveway. There is a crack in the concrete driveway apron caused by the contractor. I will have all of the items reviewed by staff The apron should not have cracked It may need to wait until spring to be replaced There is a one year warranty on the project work 7. 1038 Kenneth Street has lawn edging sticking up at the end of the driveway. The end of the bituminous driveway is rough, like a washboard. Staff will see to it that the lawn edging is addressed. We will review the driveway. There is a piece of equipment that can reheat the bituminous so that it can be rolled again 8 What is the total cost if the 52,500 assessment is distributed throughout the entire 15 years with the 6.5% interest? About 53,900 (Actual 53,814) 9 The contractor and inspectors were very accommodating throughout the project. They knocked on doors to let us know what was happening. NAI 1. 2. 3. INFORMATIONAL MEETING MCKEE ADDITION TUESDAY, OCTOBER 27,1998,7:00 P.M. 4. 5. OVe K..ac �7Xit•-'ti' 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. H: FORMSISign•In ADDRESS Aj / U s 0 'bean» c - .Sr. Agenda Information Memo November 2, 1998 Eagan City Council Meeting A. ORDINANCE AMENDMENT CHAPTER 6, TOBACCO LICENSING ACTION TO BE CONSIDERED: To approve, deny or approve with modifications an amendment to Chapter 6, Tobacco Licensing FACTS: • During the 1997 legislative session a state law was passed with the primary purpose of reducing illegal youth access to tobacco products • The City of Eagan has been working with other Dakota County Cities and the County to develop a model countywide ordinance for consistency in enforcement among the various jurisdictions. • At a Special City Council workshop on March 24, 1998 direction was provided to the staff regarding the City Council's desires for options to include in a revised tobacco ordinance to address the new state law. That direction was based on the policy decision that Eagan would continue to license tobacco and provide enforcement locally and not leave it to the County by default as one of the options contained in the state law. Specific options on which direction was provided include the following. 1. The City prefers the complete ban on vending machines 2 The self-service regulation should be consistent with the Minnesota State law banning only single packages of tobacco and not be more restrictive. 3 Fines for violation of the ordinance should be as presented in the model ordinance 4 A regulation requiring sellers of tobacco products to be above the legal age of 18 should not be considered • Other options suggested by various groups for inclusion in a new ordinance were considered unnecessary at this time. • Staff was also directed to check with neighboring communities in an effort to maintain some continuity. As of this date, Burnsville and Rosemount have decided to turn licensing and enforcement over to the County. Rosemount previously handled the licensing for their City Apple Valley is still considering a revised local ordinance. • Eagan's proposed ordinance amendment seems to be quite close to where the model ordinance was going, although the model ordinance has not been finalized at this time The primary difference is that the model seemed to be going in the direction of a greater ban on self-service by eliminating it entirely where Eagan has opted for the single pack ban only. • Out of fairness to our license holders, staff would like to be able to process license renewals for 1999 under the terms of the revised ordinance 91 Pending City Council approval of the revised ordinance, the licensing fee will be addressed at a later meeting ATTACHMENTS: Proposed ordinance amendment on pages b0 through Minutes of the Special City Council meeting of March 24 C 79' 8998 on pages ?� through SEM' BY: 10-30-98 : 13:06 : SEVERSON SHO -DON- 612 681 46124 2/10 ORDINANCE NO. 2ND SERIFS AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTr= "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.34 REGARDING THE SALE, POSSESSION AND USE OF TOBACCO, TOBACCO PRODUCTS AND TOBACCO -RELATED DEVISES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapt r 6 is hereby amended by changing Section 6.34 to read as follows: Sec.. 634. Tobacco. Subd 1._Pure. The Ciq recpgnius that manxpersons under the eY�1f 18 yeas purcbase or otherwise obtain press and use ts�_30l)3co0 prodgcts and tobacco related devices, and such sales, possession and use are violations of both state and federal laws. Thus, the City int®ds to rMulate_the sale, possession and use of tobacco. S4basc9 products and tobacco related devices for the m pose of eafamina and fwthcring cxistin2 laws, to Mvcnt and protect minors against the illegal use of tobacco. tobaccomducts and tobacco related devices, and to further the official nnblic Rolicv of the State of Minnesota as stated in Minnesota Statutes. Section 144.391, in regard to R even minors from stating to smoke. Subat 1. De. inirionr. The following Berms, as used m this section, shall have the meanings stated: reletoddevioee;-e»d orgy That cigarettes: cigars� pipe tobacco: snuff_ fine cut or other chewing tobacco cheroots; stogies; perioue; granulated, slug cut- crimp cut. rmdv-ribbed, tobaccos; dipyiu tobaccos: refuse scraps, clippings, cuttings, and ZO P-' 612 432 3780 10-30-96 01:IIPY P002 C:: SF17 BY PI. C. 10-30-98 : 13:07 : -'EVERSON SN IYA- 612 681 4612:9 3/10 pwygings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing. sniffing or smoking. For purposes of this section, a tobacco or tobacco product includes both individually packaged items, such as a pack of cigarettes or a can of chewing tobacco, and cartons containing two or more individually wrapped ]trod tobacco products. intended to be used in connection with chewing, saiffmg-smoking or using tobacco or tobacco products, including a pipe, rolling papers, tobacco or tobacco product catxying case or lighter, Self-service m2ereAigndise merch=&si-T means oMn disRlays of tobacco. tobacco pE2ducts or tobacco related devices for employee. For purposes of this definition. self-service merchandising does not include vendingrnachines. Vending machine means payment; dispenses lebeew pmdasts any mechanical, electric or electronic, or ottlg- twe of • qr: � ��• :_fid n � : � � � �.�...•l� • • • : � � • • �. E, Individually nackafed means the practice of selling any tobacco or tobacco clgorcttcpacks: F. Loosies means the common term used to refer to a single or individual]y wrapped curette. IN o 612 432 3780 . ..=:. n;: SENT BY: 10-90-98 : 19:07 : SEVERSOM1 Sly-• 612 681 46124 4/10 G- Minor means apy_person under the are of eighteen (18) years. H. Reiad Esiubh5hmenr means anyplace of business where tobacco. tobacco [_A�bTeable Place ofhutincss shall mean wry form of business operated out of a truck vm automobile, or other tape of vehicle or transportable shelter and not a fixed addraas store frnnt or other permanent tvDc of structure authorized for sales transactions. J. Sale or Sell means any transfer of goods for money, trade. bat= or other consideration. K. Coryliance Checkc mMns the enforcement system the City uses to and tobacco rclatcd dcvicFs training Purposes as authorized by state and federal laws. L. Hearing Officer mo4tn9 the City Administrator or any other city cmplovcc duly appointed by the City Administrator. Subd 2- 3 License required It is unlawful for any person to, directly or indirectly, keep for recoil sale, sell at retail, or otherwise dispose of any tobacco, tobacco Product or tobacco-rclatcd devise without a license therefor from the city. The license "uif�m . -mater Subd 4. License application Ap2lication for a license to sell tobacco. tobacco products or tobacco related devices hereunder shall be made on a form provided by the deems necessary. Upon receipt of the cpmWeted a2plication and license fce, the City Council shall take action on the license AppLiQAfion at the next regularly schedWed City Council meeting. If the City Clerk determines that an application -is rommRle[c hC Qr sbe 6116P Lot MIMMID�163. R-93% 612 432 3780 10-30-96 01:11PN P004 n44 SENT BY: 10-30-98 : 13:09 : SF`E zso% SHElD - 612 681 46123 5/10 Subd S. Amnon license appllcauon The City Council may either approve or deny the license_ or it may delay action for such reasonable period of time as necessary to A. TILe applicant is ander the age of eighteen (,18) years. �. The applicant has been convicted within the PMt five years of any violation D. The apohcant fails to DrQyide information required on the jRo icarion or provides false or mislcading iafarmation. F. The applicant is prohibited by federal, state or other local low, ordinance or other regulation from holding, such a license &bd 3 6. Curditiuns of license. A. Separate h c5nsm shall be issued for the sale of tobacco,QLjcc product or tobacco -related dcNiscs at each fixed place of business; and no license shall be issued for a moveable place of business. � •! i rte. :, SENT 8Y 10-30-98 : 13:10 : SEVERSON SHELDON- 612 681 46124 6/10 Subd 7. Duration of license- All beenscs issued under this section shall expire on Dy., mber 31st of eacb year. Subd 4 8. Suspension or revocation A. A licensee's authority to sell cigarettes at a-speci€s the licensed Incation will my be suspended for a violation of this section. 6 P. In the cast of suspension, there shall be no license refund. P C. License revocation may be instituted following a misdemeanor or petty misdemeanor conviction under this section of any offices, director, manager, or other agent or employee of any license. I Subd. 10. Moveable place of business. No license shall be issued to it moveable place of business. Subd. 11. Displav of license. All licenses shall be posted and displavcd in plain view of the g_cucral public on the licensed yremiscs, 612 432 3780 10-30-98 01:11PM P006 L44 SENT BY: 10-30-98 : 13:12 : SEMY30% sHa-DON- 612 681 4612:9 7/10 Subd 13. License fees. No license shall be issued under this section until the license fee is Raid in full. The fee for a license under this scotion shall be in an amount set forth by cily council resolution. .Subd 14. 1Inlawful sales. It shall he unlawful for an}Eperson to sell or offer to sell any tobacco, tobacco product or tobacco related device: A. To any person undcr the auc of eighteen ( 18) years: C. By means of self-servi;e mcrchandisinit of individually packagcd tobacco or tobacco products: D. Containing opiurn, m rg phipc. jimson weed, bella donna, s"chaos. cocaine, marijuana, or other deleterious. hallucinogenic, toxic, or controlled substances except nicotine and vOicr substances found _Mturally_' tobgcco or added as part of an otherwise lawful manufacturing process. Subd 13. Self-service sales. All tobacco, tobacco products and tobacco related devices which are individually packagcd shall be either starch hehind a counter or other area int;ludiuu� a case or other storabc _unit which is not freely accessible and not left within 30 days of the effegive date of this section. Subd 16 RoMmiblllly. All lic®aees undcr this section shall be responsible for regulation. ensure cote Wince with the provisions of tbis section. Such comphancc cheeks shall to Puha c tobacco. tobacco O-du:;N or tobac d SENT BY 10-30-98 : 13:13 : SEVER.SON SHE DON- 612 681 4612:9 8/10 A. Il eal possession. 1t s unlawful fox any minor to have in his/her yossessioL ful$1linghik dtifics as an emylovee of the hc"g rc in m retail sale g Inrtmr. It shall be unlawful for am person to purchase or Qths>�Qb mn.for or pTevide to any' many unlawful for any person to coerce ortome minorto ---illegally D. {Ise of false identification, it shall be a violation of this section for any minor to attempt to diguisc his/her true _age by the use of a false form of idcntification. whether the 'dentili hon is that of another �4rsr or one on hie The of the tfeison has mo ' ed or tamper with eo repr senit an au o actual a e f thepmon. It 512 432 3780 10-30-98 01:11PY P008 #44 SENT BY 10-30-98 : 13:15 : SEVERSON S14R.DON 612 681 4612;0 9/10 his/heT fito bLhqgd trn the accu§gigni shall be, issued and served g on the vio1aWL41nersonly or pail, violet 7's mqacstfqr a bei p, ecuion. UM ;IuslQn o the hewing offices issue 612 432 3780 Written d1II Of t _L4Jin d Cl IUnS who CSy101 071 occurred and whelher tht_ ed vio 07 ' d i o f the bcaririg o cer _ tt n _ ndia s of fact and conclusions shat! be provided _.........A ..:.,1...v v tthr- hrArinr officer finds that no violation .rl 'may anneal the decision I ldr ,� he hcarin ffi er rn c district court. F Misdemeanor n l se tion r o an o 1 ion o s stip n..rnwd nn [; Cnntinued vinlatt n h dew chyl0latlQn_n<6u7s Or cor►tlnues sha11 conar&fi a separate offtse. l4 Puri - 1. Licensees. h nwe A tn hmvr. vinlsttd thi r 'once r . . yl! . a. i .� .• � 111 . �nl. . 2, then indrvuhmlc I %n aLs. othermors rc ted b subnaraKzanh herein, found to be in violation of taus sectiog shall be g,b ed an administrative fee of UQ -00- 7 9 0.00. 79 612 432 3780 i�II�I�T.�'I:=�iRt! o •�1.LIi:Zi7 aF agim l 10-30-98 : 13:17 : SB R50\ SHaj)ON- 612 681 4612310/10 3. mors, MbM found in unlawful 55e9si n of or who uWawfiAla pWcbase or attcmut to arc se tobacco tobacco t)m s o lobaCQQ rekwd d vices shall bg bandled in the same man -ter as any mile or minor chuged with a viola on of the law .;„•, in ffiis 9cclion minor as part of it lawuully rcwgUjjjd religious, Spirituai cWtural Wernorry, , o, , u ,, .: n ,l .y� :. B. eliance of proof of axe t $ball be an affirmative defense to the violation of this m on for a Ryrso to have reasonably relied on proof of eae at de_ scjdkpd by state law. Scoon Eagan City (,ode Cbapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation- and Section 6.99, entitled "Violation a Misdemeanor' are hereby adopted in their entirety by reference as though repeated verbatim Section 3. Effective Date. This ordinamc slmll take effect upon its adoption and publicaticm according to law. ATTEST: By. E. 7. VanOverbeke Its: Clerk CITY OF EAGAN City Council By: Thomas A Egan Its: Mayor Date Ordinance Published in the Legal Newspaper: 00)109 Page 7!Special City Council Minutes March 24, 1998 Mayor Egan stated that this item would more than likely come back to the City Council at a regular City Council meeting in either May or June, and then thanked Mr. Vincent and Ms. Luchka for their presentation and comments. TOBACCO ORDN NCE City Administrator Hedges stated, that during the 1997 Legislative Session, a state law was passed with the primary purpose of reducing illegal youth access to tobacco products. He further stated that considerable discussion has taken place at the state, county and city levels regarding the appropriate mechanism to implement the law in individual cities. Director of Finance'Cip Clerk VanOverbeke stated that Dakota County cities have discussed the merits of having a similar ordinance county wide. He further made reference to a letter that was addressed to all communities from the County Administrator, Public Health Director and Dakota County Ciry Managers Group. Director of Finance VanOverbeke reviewed the Model Tobacco Ordinance that was developed using a League of Minnesota Cities Model Ordinance. He stated that there are additional options for reducing youth access to tobacco that will require policy direction by the City Council before the Tobacco Ordinance is finalized He reviewed five (5) options which include, 1.) a complete ban on vending machines, 2.) further regulation of self service of tobacco, 3.) consider regulation requiring sellers to be above the legal age of 18, 4.) offer incentives to passed compliance checks, and 5.) establish the amount for administrative penalties. Director of Finance VanOverbeke first reviewed the potential ban of vending machines stating that the current Tobacco Ordinance states that vending machines cannot be in buildings where minors have access After some discussion by the City Council, since evidence has proven that compliance checks conducted in the establishments where minors are not allowed, they have found that not onh can minors enter, but have successfully purchased tobacco. The new ordinance should provide language that includes a complete ban on vending machines. Director of Finance VanOverbeke presented a second option regarding the ban on self service tobacco stating that the proposed ordinance bans all self service which is stronger language than provided in the state law. He stated that the minimum state law bans only the self service of tobacco sales when it involves a single package of tobacco. He stated that many establishments sell a tobacco package, combining two or three packages of tobacco into a multi- pack, which is permissible under the self service regulation. After a brief discussion on this item, City Councilmembers agreed that the self service sales regulation should be consistent with the Minnesota State law banning only single packages of tobacco under the self service regulation. The Director of Finance also reviewed compliance checks and the administrative penalty issues that require public policy direction. Chief of Police Geagan reviewed the results of compliance checks that are made on a routine basis by the Police Department. He further stated that he would prefer that the ordinance require the City to conduct the compliance checks stating that it would be virtually impossible for the County Sheriffs Department to run compliance checks on 50+ establishments that currently sell tobacco products in the community. After Page 8'Special City Council Minutes March 24, 1998 0('109 further discussion on the item, City Councilmembers determined that the City of Eagan should enforce the ordinance and provide the compliance checks. Director of Finance VanOverbeke stated that the final policy consideration is in regards to the administrative penalties. He stated that the penalties arrived at by the Legislature were a compromise. Chief of Police Geagan stated that tobacco sales, in many cases, represents a high Percentage of retail sales for those establishments selling tobacco. He stated that increasing the license fees will not have nearly the impact that a license revocation would have if an establishment violates the Tobacco Ordinance. After further consideration, it was the consensus of the City Council that the fines be left as presented in the proposed ordinance. Direction was provided that a regulation requiring sellers to be above the legal age of 18 could cause a hardship, additional enforcement problems and would probably not improve compliance and, therefore, should not be considered. Director of Finance VanOverbeke stated there are other regulations the City Council could consider such as limiting the number of tobacco licenses within a prescribed distance of schools and putting a cap on the number of tobacco licenses that the City may issue to establishments. City Councilmembers stated these requirements are not necessary for the ordinance. City Councilmember Wachter stated he would like public policy that would restrict the number of advertising signs for tobacco products for each establishment. City Councilmember Awada questioned whether signs have a significant influence on young people using tobacco related products. After further discussion and a consensus by the City Council, Mayor Egan asked that the restriction of advertising signs for tobacco related products be referred to the Planning Commission for their consideration when the sign ordinance is reviewed. Mayor Egan thanked the staff for its work in coordination of the Tobacco Ordinance and, further, stated that other Dakota County cities such as Apple Valley, Burnsville and Rosemount should be consulted in an effort to have some continuity with neighboring cities in the adoption of Tobacco Ordinances. GENERAL FUNT BALANCE City Administrator Hedges stated that the City has maintained a policy that the fund balance from the General Fund be at a level of 30 to 35 percent of the following year's operating budget. He further stated that the level is determined to be the amount necessary to provide adequate working capital for operations and to provide an additional reserve to deal with any emergencies, revenue shortfalls or opportunities. City Administrator Hedges sated that due to very successful years of operations in both 1996 and 1997, the Fund Balance has become higher than the overall policy target set by the City Council and, in order to meet the 35 percent level of the 1998 budget, a transfer of (4,122,612 is available. Director of Finance VanOverbeke stated, along with the City Administrator, they have discussed various alternatives for the use of the money. He stated that the most appropriate use of the available fund balance is to transfer it to the Equipment Revolving Fund and to the Debt Service Fund to defense those bonds. He further stated that the elimination of future tax levies through the use of the money is the highest priority and provides the most obvious and direct Agenda Information Memo November 2 Eagan City Council Meeting B. REQUEST TO DISCUSS LOCATION OF GENERATOR ON MUNICIPAL CAMPUS ACTION TO BE CONSIDERED: To approve, deny or defer Tim Dunn's request to relocate standby generator. ISSUE: A request from Tim Dunn to have the electncal generator for the Municipal Center campus relocated from its proposed location west of Denmark Avenue in W'indcrest Park to a location (undefined) next to City HalUPolice, BACKGROUND: In late 1996, staff began a preliminary review of the desirability to situating a generator on the Municipal Center campus to meet the emergency power needs of the Police and City Hall. In March of 1997 the Cit_N Council approved a feasibility study for a generator and in March of 1998 approved the preparation of plans and specifications for the project to proceed. The bid was awarded in late June. During the review process it was determined that the best location for the generator was at the proposed location near the sanitary sewer lift station. The alternative location was at the other "head end" at the Municipal Center near the existing power feed REQUEST TO RELOCATE: Staff set a meeting for October 5" with near by residents to determine the need and desirability for landscaping to help screen the generator from view. The generator is approximately 350 feet from the closest residential structure. Upon receiving notice of the meeting, Mr. Tim Dunn called the City to voice his objections to the location, requesting that it be relocated to the Municipal Center campus. Greg Ingraham, Consultant Planner, was brought into the process to provide a different perspective and help with a re -review of the siting issues and to assist with the screening design. In addition, staff has requested that Dakota Energy Alternatives Inc. also re -review the issue of locating the generator near the Police/City Hall building. As of the writing of this memo, Dakota Energy Alternatives is still working on a response to the various issues raised. ATTACHMENTS: • Enclosed on page 9 is a copy of letter from Tim Dunn • Enclosed on page -1q3 is a general site location map. • Enclosed on pags a copy of Mr Ingraham's letter and attachments. • Enclosed on page is a copy of Ken Vraa's letter to Dakota Energy Alternatives. G meUgmeram ¢bortim �j Mayor Tom Egan and Council October 08, 1998 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Location of power generator in Windcrest Conservancy Park Dear Mayor and Council: We recently met with C.J. Lilly and staff in response to your September letter requesting input on landscaping for the proposed power generator that will service the Municipal campus. The neighborhood is upset that the council did not seek our input in locating this generator. I met with Tom Vagts from Dakota Electric and its clear that the generator can be located next to the Police station. Moving the generator to your Municipal area is the right thing to do. We were told that the Police station location would cost more money, because of screening costs. These costs should be more than offset by not needing to construct a very long and wide bituminous roadway through our neighborhood play area. This generator represents a noisy, smelly intrusion into our neighborhood. Not to mention the fact that Windcrest Park is a conservancy park which purpose is to "conserve and manage sensitive natural areas in the community." This generator is too large and obtrusive to even consider placing in a residential neighborhood. We the friends of Windcrest Park are requesting you move the generator to your Municipal campus. We are requesting that the council put this issue on some upcoming agenda, so the neighborhood can voice our concerns in person. Sincerely, FRIENDS OF WINDCREST PARK cc: Pat Awada, Bea Blomquist. Sandra Mason ,Theodore Wachter 0 n.n ......v .N �u s•1d�✓J 1f•N 1iJ ��n1 Ib October 6, 1998 lrneuepr rrdnrnre Tom Hedges, City Administrator /W 1`46r,.p f pngn City of Eagan Irre use r4remp 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Municipal Center Emergency Generator tiT7"11111io i t The following are my impressions and suggestions based on the neighborhood meeting held on October 5, 1998: A.) Neighborhood Opposition The neighbors who attended the meeting (4 homeowners who live near the lift station site) are opposed to the hft station generator site. They were not interested in discussing landscape screening ideas. They do not want the generator to be located at the lift station site and do not want their view or "their park" changed. They will be requesting this issue be brought up with the City Council and the% will ask that the generator be located at the Police Station site. They are upset about the pool project and this issue further compounds their frustration. B.) Lift Station Site 1 feel the lift station site is the appropriate location. In order to minimize the scope of the land alteration, I recommend the following revisions: 1. Reduce the generator and related equipment footprint to the minimum needed for proper function. 2. Reduce the access drive to 12 feet wide. 3. Do a tree survey of the construction area and preserve the maximum number of healthy trees. 4. Add landscaping to screen the generator and related equipment. 5. Offer to add landscaping to help screen the existing lift station and electrical pedestals. 6. Show comparative raise and emission information for this generator. 2659 0apor, Write South Suite 100 Mmneopk Nh 55408 1612:3772500 16121377 1010 - , CA Police Station Site Further evaluation is needed to determine the feasibility and added cost of placing the generator at the Police Station. 1. Can the existing generator be removed and replaced by the new larger generator? I have heard two conflicting opinions regarding the need to keep the existing generator. Perhaps Ton Vagts could speak with Eagan Police or the Bureau of Criminal Apprehension to determine the specific requirements. If the existing generator must remain, the area for the new generator is further reduced. 2. Potential conflicts with existing underground utilities should be evaluated. This could dramatically effect the construction cost. 3. City Hall and the Police Station appear to be at the standard setback of 50 feet from the Pilot Knob Road right of way. If the generator and screen wall are determined to be a "structure", a variance to the setback requirements may be needed. Attached is a copy of the analysis of the emergency generator site alternatives. I presented this information to the neighbors, but they did not request a copy of the report. Please review these items and call me if you want m} firm to further address the above issues. Sincerely. Greg Ingraham. AICP President CC: Ken Vraa C.J. Lilly Tom Vagts, DEA 9S Eagan Municipal Center Complex Emergency Generator Location Analysis Electrical Site Plan Alternatives Introduction The City of Eagan plans to install an emergency generator to supply power to the Municipal Center Complex (police, city hall and life safety) and utility lift station during a power outage. The generator will ensure that electrical service to the area is not disturbed during a blackout. The following summary is an assessment of three possible locations for the generator site The assessment is based on the following major issues and applies an estimated additional cost to each alternative. This additional cost is the cost to the city in addition to the original plan. The original plan included the placement of the generator and supporting entities at a site already near an electrical switch and the creation of a 15' access drive for maintenance Major Issues Electncal Switch In order for the generator to perform properly and not damage the existing infrastructure, it must be located at a "switch" along the electrical line. Two switch sites exist within the City Hall Complex, one near the intersection of Pilot Knob Road and Westcott Road, and one near the southeast corner of the site. If the generator is placed at a site other than the two switch locations, a new switch and additional cable and communications are necessary, which adds costs to the project. The minimum additional cost would be $35,000, plus any screening that may be necessary. Visual Aesthetics The City of Eagan is interested in placing and screening the new generator in a way so that the new structure is not visually obtrusive to neighbors and passers- by The City plans to provide whatever screening is necessary to provide an aesthetically pleasing site plan Noise disturbance is not a major issue, as the noise created from the new generator will be less than that of a car idling. Access The new generator must be located at a site with drive access available In order to fuel and maintain the generator, a vehicle must be able to have access to the structure This plays an important role in the selection of the site, in order to place the generator on a relatively easily accessed area us�hn�� Site Alternatives Alternative A Alternative A is located near the southeast corner of the new pool next to an existing lift station and utility access (see map). This site is currently vegetated on the north end of the drive, which is where the siting of the generator is proposed. This site alternative was chosen for the ability of the vegetation to hide the generator and the ease of bringing a drive off an existing utility access This alternative incurs an additional cost of approximately $3500 for additional and buffering with vegetation (see table) Consultant recommendation for this site would be to protect and preserve as much of the woody vegetation as possible to provide an immediate and permanent screen from the neighborhood residents, and to selectively place new landscaping to further screen the generator. Alternative B Alternative B is located near the police station on the corner of Pilot Knob Road and Westcott Road. Several utilities and a screen wall already exist in this location which is near the parking lot for access The existing utilities include a small emergency generator and storm and sanitary sewer lines. The existing generator is a requirement for the police station and serves life safety functions Alternative B would include the removal of a portion of the existing screen wall. The new generator would be sited directly south of the existing generator and would require an extension of the screen wall. The additional costs for this plan would be the revision of the existing wall as well as the construction of the new section of screen wall. The screen wall would act as a visual barrier from the roadway. Additional costs are estimated at $16.500 Altemative C Alternative Site C is located near the newly constructed ice arena building and parking. Placement of the structure would be behind the buildings, near the parking lot and drive so as to provide access to the generator. Site C is not located near a switch and would therefore incur a large additional cost to the project. The new generator would require a new switch, new communications and additional cable connecting it to an appropriate switch site. The site would also need to be screened with vegetation so it would not be visually obtrusive Additional costs would be from $40,000 to $55,000 Recommendation Alternative A (lift station site) is the best location for the generator. Care should be taken to protect existing vegetation, and the City should work with adjacent residents to selectively place landscaping to screen the generator. Alternative B is acceptable but has a high ($16,500) additional cost and has many conflicts with existing underground utilities. Alternative C is not acceptable due to costs and space limitations asit��ili Eagan Municipal Center Complex Emergency Generator Electrical Site Plan Alternatives i—� __Site--Advarrtayes Tgsadvanta�s--�j�,ddMfpiMl Cost' - -- A . Existing utility . Existing vegetation for ' Private visibility - -- — easement screen I At site o1 epsting Some tree removal Supplemental s3,5pp ` electrical switch vegetative screening- -- - Existing utility access drive !�g2ggnb area _ -- --� Tafel addMioeN cwt for AMerned r A I M1 p — B Police station At site of exdsting Public visibility Revise exitrtirtg screen $1,500 _uWi!y arM - electrical switch wall _ Drive access available Erostinp utility conflicts Masonry wall to screen 515,000 CTNI.w c arena MW pw" W" _ new generator Setbadk limitations _ Limited space — — - Total additional ooet for AMamslire B !love access available Not a� site with electrical switch _ _it61i00 Additional switch, able, communications - Setback limitations _ __ Limited !_pace Vtsyatative scnaanirg - -- -- Total addklonal tit for AMsntMiw C S4o,l)00- --- -- $55,000 'Cost additional to original generator and associated ut lit es, located at existing vmW point. 3 e Eagan Municipal Center Complex , Generator Location Comparison O e Fair Poor Function switch Installation Space Acoess Lxility Conflicts Public View Private View Tree Removal Screening Additional Cost Existing utility easement . , , . , Q Q Vegetation $3,500 Site A Police Station utility, area , Q , e e Wall $16,500 Site B New civic arena rear area e 8 / e 6 Combination S40,000 - parking $55,000 Site C city of eagan As 1 mentioned on the telephone, the residents near Denmark Avenue have addressed a letter to City Administrator Hedges asking that they be placed on a Council Agenda in order to request that the generator be relocated near to the police building. This is scheduled for the Monday, November 2 meeting The residents letter states that you indicated the generator could go there, implying that there are no other issues that might prohibit it from being sighted there. Planning consultant Greg Ingraham followed up with a letter that indicates there were some question as to why the existing police generator could not be replaced with the new one. Residents may now believe that this is an option. It was my understanding from the electrical consultant that this was not feasible. The reason stated was that the new generator must be on the primary electrical line, while the police generator must be wired in aper the transformer. This was the requirement of the Department of Corrections since the existing generator is considered a life safer\ generator and supplies the electrical needs for the jail holding cells This requirement precludes the replacement of the existing unit Would you please re -review this issue with the electrical consultant and also with the appropriate staff from the Department of Corrections to clarify. It would also be appropriate for you and our electrical consultant to revicw the earlier data regarding the costs and constraints for the placement of the generator at the City Hall,'Police location that were developed early in this review process. If you believe that there is a location that presents an option from an electrical engineering perspective, please prepare a location map so this can be reviewed by other City staff, i.e. planning, engineering and inspections for compliance with other code requirements. Please try to have this completed and back to me by October 26" so there is ample time for review by the City. Thanks for vow ppetript attention to this issue. e Ken Vn—, Director of Park and Recreation cc: Tom hedges, THOMAS EGAN MOV0, October 15, 1998 MUNICIPAL CENTER 363C c KNOB rCAD THE LONE OAK TREE PATRICIA AWADA -OT EAGA1% MAMJESOTA 55122.1597 BEA BLOMOUIST 3501 "''-IAC-'.'A', -Z)1% SANDRA A MASIN THEODORE wACHTEr Mr. Tom Vagts C01nte Mq„wK Dakota Energy Alternatives, Inc THOMAS HEDGES 4300 - 220`" Street West C&v Ao .. "O -o, Farmington, M\ 55024-9583 E J VAN OVERBEKE CM Crrk Dear Tom, As 1 mentioned on the telephone, the residents near Denmark Avenue have addressed a letter to City Administrator Hedges asking that they be placed on a Council Agenda in order to request that the generator be relocated near to the police building. This is scheduled for the Monday, November 2 meeting The residents letter states that you indicated the generator could go there, implying that there are no other issues that might prohibit it from being sighted there. Planning consultant Greg Ingraham followed up with a letter that indicates there were some question as to why the existing police generator could not be replaced with the new one. Residents may now believe that this is an option. It was my understanding from the electrical consultant that this was not feasible. The reason stated was that the new generator must be on the primary electrical line, while the police generator must be wired in aper the transformer. This was the requirement of the Department of Corrections since the existing generator is considered a life safer\ generator and supplies the electrical needs for the jail holding cells This requirement precludes the replacement of the existing unit Would you please re -review this issue with the electrical consultant and also with the appropriate staff from the Department of Corrections to clarify. It would also be appropriate for you and our electrical consultant to revicw the earlier data regarding the costs and constraints for the placement of the generator at the City Hall,'Police location that were developed early in this review process. If you believe that there is a location that presents an option from an electrical engineering perspective, please prepare a location map so this can be reviewed by other City staff, i.e. planning, engineering and inspections for compliance with other code requirements. Please try to have this completed and back to me by October 26" so there is ample time for review by the City. Thanks for vow ppetript attention to this issue. e Ken Vn—, Director of Park and Recreation cc: Tom hedges, City Administrator /O O Greg Ingraham, Planning Consultant MUNICIPAL CENTER 363C c KNOB rCAD THE LONE OAK TREE MAI"NANCE FACILITY -OT EAGA1% MAMJESOTA 55122.1597 THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 "''-IAC-'.'A', -Z)1% PHONE (651)651 J000 EAGAN MINNESOTA $5122 FAX (651) 661-4612 Equol OPPOKUMV Emplover 6 (051)6 50 (651) 45' •550 FAX (65I)OV-450 T00 (e51)A54-55J5 tpO (651) 4544536 DD Agenda Information Memo November 2, 1998 Eagan City Council Meeting IX. NEW BUSINESS ACTION TO BE CONSIDERED: r To approve or deny a Conditional Use Permit to allow the establishment of a forklift sales, leasing and service facility upon a 1.7 acre site located north of Lone Oak Road and west of Lone Oak Circle subject to the conditions listed in the APC meeting minutes. e To approve or deny a Conditional Use Permit to allow the outdoor storage of forklifts and related materials upon the property upon a 1.7 acre site located north of Lone Oak Road and west of Lone Oak Circle subject to the conditions listed in the APC meeting minutes. FACTS: r The proposed use would occupy an existing 21,600 square foot structure that presently exists upon the site. Y No physical changes to the site's existing structure have been proposed. The applicant intends to utilize existing hard surface areas for off-street parking, forklift display and outdoor storage. r The applicant intends to utilize portions of the site's east parking lot for the display of forklifts and outdoor storage. The proposed display area would overlay two existing off-street parking stalls located at the southeast comer of the building. The proposed outdoor storage area is to be located in the extreme northeast comer of the site, overlaying four existing off-street parking stalls. The outdoor storage area would be screened via a fence (material not specified). r At their regular meeting on October 27, 1998, the Advisory Planning Commission held a public hearing to consider the Conditional Use Permits and recommended approval subject to the conditions listed in the APC meeting minutes. BACKGROUND/ATTACHMENTS October 27, 1998 A��P,C`� ,, Meeting Minutes page/0v2—/03 Staff report, pages 16 through �z o /0/ Page 2 October 27, 1998 ADVISORY PLANNING COMMISSION MINUTES DRAFT fail -wel ,I:" .I laely CONDITIONAL USE PERMITS RDO MATERIAL HANDLING COMPANY Commission Chair Hey] opened the first public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage and a Conditional Use Permit to allow selling, leasing, and service of forklifts at 1985 Lone Oak Circle located on Lot 2, Block 1, Eagandale Center Industrial Park No. 11 in the SW 114 of Section 2. Planner Kirmis introduced this item. Mr. Kirmis highlighted the information presented in the City staffs planning report dated October 21, 1998. Mr. Kirmis noted the background and history; the surrounding uses, and the existing conditions of the subject property. RDO Representative Don Webster stated that he was available for questions. Chair Heyl closed the public hearing. Member Frank expressed that he felt additional landscaping was necessary in the areas suggested in the staff report. Member Steininger inquired as to the type of fence material proposed as an enclosure for the outdoor storage area. Mr. Webster replied that this had not yet determined, but RDO would work with staff to find an acceptable material. Further discussion took place regarding an appropriate screening material. Discussion occurred regarding changing Condition #6 and #12. Member Carlson moved; Member Frank seconded, a motion to recommend approval of the Conditional Use Permit to allow outdoor storage and a Conditional Use Permit to allow selling, leasing, and service of forklifts at 2985 Lone Oak Circle located in the Eagandale Center Industrial Park No. 11 in the SW 1/4 of Section 2 subject to the following conditions: The Conditional Use Permits shall be recorded within 60 days of their approval by the City Council. 2. City Officials determine that limited outdoor display is customary and incidental to the proposed use. 3. The proposed outdoor storage area shall be shifted westward to lie not less than 40 feet from the adjacent Lone Oak Circle right-of-way. 4. Outdoor storage activities shall be confined to the rear area of the site within the area specifically designated on the site plan. /off Page 3 October 27, 1998 DRAFT ADVISORY PLANNING COMMISSION MINUTES 1 5. Forklift display shall be confined to the area graphically identified upon the site plan and limited to a maximum of two vehicles. G. The screening provided around the outdoor storage area shall consist of a solid fence. 7. The height of the materials stored outdoors shall not exceed the height of the fence used to screen such materials. 8. The site plan shall be modified to illustrate an ability to provide 44 off-street parking stalls as required by the City Code. 9. All trash and recycling containers shall either be stored indoors or within an enclosure in compliance with applicable City Code requirements. 10. All site signage shall comply with applicable provisions of the City Sign Code. 11. All building, parking/drive aisles, and landscaped areas shall be properly maintained. 12. Additional landscaping shall be provided along the east side of the property. 13. All exterior lighting shall be hooded and directed to deflect light away from adjacent properties and rights-of-way. The vote was 5/1 in favor with Member Steininger voting against. Member Steininger commented that his Nay vote was not a reflection on the proposed use, but rather the requirement for a solid fence when Roadway Company located near the subject property encloses its storage of trailers with chain link fencing. /03 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 21, 1998 CASE: 02 -CU -17-09-98 APPLICANT: RDO Material Handling HEARING DATE: October 27, 1998 PROPERTY OWNER: Teacher's Insurance & Annuity PREPARED BY: Bob Kirmis REQUEST: Conditional Use Permit LOCATION: 2985 Lone Oak Circle COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial RDO Material Handling is requesting approval of a Conditional Use Permit to allow: 1.) The establishment of a forklift sales, leasing and service facility and 2.) The outdoor storage of forklifts and add-on forklift equipment upon a 1.7 acre site located north of Lone Oak Road and west of Lone Oak Circle. The property is legally described as Lot 2, Block 1, Eagandale Center Industrial Park No. 11. The proposed use would occupy an existing 21,600 square foot structure that presently exists upon the site. Conditional Use Permit City Code Chapter 11, Section 11.40, Subdivisions 4C and 41) provide the following Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. /o y Planting Report — RDO Material Handling October 27, 1998 C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. ol'ill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 41), Conditions. states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, Cite Code Section 11. 10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows: Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (1-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. Planning Report — RDO Material Handling October 27, 1998 Page 3 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. 4. The storage area shall not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take up required parking spaces or landscaping areas. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. PAIN It" $101W ID W4 ki I1 The proposed forklift sales, leasing and service facility is to overlay approximately 1.7 acres of land located north of Lone Oak Road and west of Lone Oak Circle (Lot 2, Block 1, Eagandale Center Industrial Park No. 11). The Eagandale Center Industrial Park No. 11 was platted in the summer of 1995. The subject site is currently occupied by a 21,600 square foot office warehouse building that was also constructed in 1995. The building was previously ]eased by "The American Shoe Warehouse". According to the applicant, the interior building space would be used for the warehousing of forklifts and parts inventory and related administrative activities (office space). The majority of forklifts would be delivered to the customer site by the company's delivery truck. Parts would typically be shipped to customers via private delivery service (i.e. UPS). While the proposed use would include an interior service area, the majority of service work would be performed at the customer location from company service vans. The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North- Industrial; zoned 1-1, guided IND South- Industrial; zoned I-1, guided IND East - Industrial and public (Eagan Fire Station); zoned I-1, guided IND West - Industrial; zoned I-1; guided IND 141X61 NO Kalil Compatibility with Surrounding Area - The subject site is bounded on all sides by properties zoned and guided for Limited Industrial use. Provided the proposed outdoor storage area is /U6 Planting Report - RDO Material Handling October 27, 1998 Paee 4 properly screened, the proposed use is not anticipated to adversely affect surrounding industrial uses. AAii port Noise ConsiderationR - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in its Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in northern Eagan place the subject property within Noise Zone III. In this noise zone, an industrial use is consistent. Site Plan - No physical changes to the site's existing structure have been proposed. The applicant intends to utilize existing hard surface areas for off-street parking, forklift display and outdoor storage. Specifically, the applicant intends to utilize portions of the site's east parking lot for the display of forklifts and outdoor storage. The proposed display area would overlay two existing off-street parking stalls located at the southeast comer of the building. The proposed outdoor storage area is to be located in the extreme northeast comer of the site, overlaying four existing off-street parking stalls. The outdoor storage area would be screened via a fence (material not specified). Lone Oak Circle Realignment - Beginning in the spring of 1999, Lone Oak Circle is to be reconstructed to align with Armstrong Boulevard to the south. At such time when the new Lone Oak Circle/Lone Oak Road intersection is completed, the existing Lone Oak Circle access to Lone Oak Road will terminate. This realignment will have the effect of making the southwest area of the site more visible to northbound vehicular passersby. Dicey Activities - While Section 1 1.10 Subd. 29.1 of the City code limits outdoor display activities to commercial zoning districts, question exists whether such activity is customary and incidental to vehicle sales and leasing activities which are conditionally allowed in the applicable I-1 zoning district. The acceptability of such accessory activity is considered a policy matter to be determined by City Officials. As shown on the submitted site plan, the applicant wishes to display forklifts in the southeast area of the site. The proposed display area would overlay two existing off-street parking stalls near the southeast comer of the building. Should the City determine that outdoor display is customary and incidental to the proposed use (and is acceptable), the display area should be confined to the area graphically identified on the site plan and not overlay any additional required parking spaces of the principal use. Off -Street Parking_- The Zoning Ordinance does not include a specific off-street parking requirement for sales, leasing and service facilities such as that proposed. The following off- street parking requirement is, however, considered aDDlicable. Use Ratio Required Spaces Office (2,560 NSF) 1 space per 150 NSF 17 Warehouse (18,400 GSF) 1 space per 400 GSF (<6,000 sf) 1 space per 1,000 GSF (>6,000 sf) 15 12 Total 44 /a� Planning Report — RDO Material Handling October 27, 1998 With an off-street parking supply of 36 spaces, a deficit of ten spaces exists upon the subject property. As a condition of CUP approval, the site plan should be modified to illustrate a reasonable manner in which ten additional stalls could be constructed if the need were to arise. It appears that additional parking could be constructed in the northwest area of the site. According to the Minnesota State Council on Disability, an off-street parking area containing 26 to 50 stalls must provide a total of two handicap spaces. Thus, applicable handicap parking requirements have been satisfactorily met. Outside Storage - According to the applicant, outdoor storage activities are to take place in the extreme northeast area of the site, overlaying four off-street parking stalls. Outdoor storage is to be comprised of forklifts and forklift attachments. According to section 11.10 Subd. 29.2.0 of the City Code, outdoor storage areas must be located in side or rear yards and may not encroach into any required front building setback area. The proposed outdoor storage area is shown to lie approximately 35 feet from the adjacent Lone Oak Circle right-of-way. To fully comply with applicable City Code requirements, the outdoor storage area should be shifted slightly to the west so as not to lie not less than 40 feet from the adjacent Lone Oak Circle right-of-way. Fencing - According to the City Code, outdoor storage areas must be screened from view from the public right-of-way. As shown on the submitted site plan, both the proposed outdoor storage area and a portion of the east parking lot are proposed to be fenced. As a condition of CUP approval, the height of the materials stored outdoors should not exceed the height of the fence used to screen such materials. The applicant has indicated that the proposed fencing of a portion of the off-street parking area relates to a desire to secure the area and screen the building's existing loading area. While the City Code does not establish specific material requirements for fencing, the storage area's visibility from Lone Oak Circle may make a "higher quality" fence (other than chain link) desirable in this instance. This issue should be subject to recommendation by the APC and determination by the City Council. Trash Enclosure - The submitted site plan does not illustrate a trash enclosure location. As a condition of CUP approval, all trash and recyclable containers must be either stored within the principal building or stored within an enclosure in compliance with applicable City Code requirements. $jgnagg - The submitted site plan and building elevations do not specify signage locations or areas. As a condition of CUP approval, all site signage should comply with applicable provisions of the City Code. landSGalJno - While not depicted upon the site plan, a variety of landscaping currently exists upon the subject property, including several low-level plantings directly east of the proposed /e�y Planning Report - RDO Material Handling October 27, 1998 Page 6 outdoor storage area. To visually enhance the site and visual impact of the outdoor storage area, consideration should be given to providing additional plantings along the east side of the property to minimize the visual impact of proposed site fencing. Site Lighting - No new lighting has been proposed as part of the applicant's development proposal. As a condition of CUP approval, all exterior lighting should be hooded and directed to deflect light away from adjacent properties and rights-of-way. The applicant is requesting a Conditional Use Permit to allow the establishment of a forklift sales, leasing and service facility upon a 1.7 acre site located north of Lone Oak Road and west of Lone Oak Circle. Additionally, a Conditional Use Permit has been requested to allow the outdoor storage of forklifts and related materials upon the property. Provided the proposed outdoor storage area is properly screened and the applicant can demonstrate that additional off-street parking could be constructed on site should the need arise, it appears that the proposed use can be compatible with other uses in the area. A. To recommend approval or denial of a Conditional Use Permit to allow the establishment of a forklift sales, leasing and service facility upon a 1.7 acre site located north of Lone Oak Road and west of Lone Oak Circle B. To recommend approval or denial of a Conditional Use Permit to allow the outdoor storage of forklifts and related materials upon the property upon a 1.7 acre site located north of Lone Oak Road and west of Lone Oak Circle If approved, the following conditions should apply: 1. The Conditional Use Permits shall be recorded within 60 days of their approval by the Cite Council. City Officials determine that limited outdoor display is customary and incidental to the proposed use. 3. The proposed outdoor storage area shall be shifted westward to lie not less than 40 feet from the adjacent Lone Oak Circle right-of-way. Outdoor storage activities shall be confined to the rear area of the site within the area specifically designated on the site plan. W , Planning Report — RDO Material Handling October 27, 1998 Paze 7 5. Forklift display shall be confined to the area graphically identified upon the site plan and limited to a maximum of two vehicles. 6. City Officials shall consider specifying acceptable fencing type (used to screen the proposed outdoor storage area). 7. The height of the materials stored outdoors shall not exceed the height of the fence used to screen such materials. 8. The site plan shall be modified to illustrate an ability to provide 44 off-street parking stalls as required by the City Code. 9. All trash and recycling containers shall either be stored indoors or within an enclosure in compliance with applicable City Code requirements. 10. All site signage shall comply with applicable provisions of the City Sign Code. 11. All building, parking/drive aisles, and landscaped areas shall be properly maintained. 12. Consideration is given to providing additional landscaping along the east side of the property to minimize the visual impact of proposed site fencing. 13. All exterior lighting shall be hooded and directed to deflect light away from adjacent properties and rights-of-way. // V FINANCIAL OBLIGATION 02 -CU -17-10-98 & 02 -CU -17-09- LOT 2, BLOCK 1, EAGANDALE CENTER INDUSTRIAL PARK #11 — RDO MATERIAL HANDLING There are pay-off balances of special assessments in the amount of 53,933 on the parcel for which the Conditional Use Permit is requested At this time, there are pending assessments in the amount of 530,480 on the parcel for which the Conditional Use Permit is requested. This pending is related to Project 668, which provides for a street improvement to the property Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are noted. The collection of this financial obligation is not a condition for the approval of the Conditional Use Permit The Financial Obligation will be collected at time of connection to the City's Utility System IMPROVEMENT TOTAL USE RATE QUANTITY AMOUNT -0- i Now Imo 0 fmo rw DevelopmentlDeveloper. RDO Material Handling Co. Application: Conditional Use Permit Case No.: 02 -CU -18-09-98 Lfp Av.0 m BMr.s haul ur �.Iv.rsoPe.� A D� � tME �aW Ovr.�t City of Eagan C&Mxrft Dwwbp� Dw� TMIs eu 19 @Wr*MDRD FOR RRFR MCI VN ONLY S TM CMy a Rin rd Dek". Ce y /e w 9- u * 1M K". y M NNS k.lw�wNlaw. Zoning Map r • A z z z/ z � 1 % 1-1 n G Z U PK e srs Pa ska I fit- 1-1 I[FT . . NO -26 (LONE OAK NY.) PD -+ �= t A AM D m En Fds, Development/Developer. RDO Material Handling Co. Case No.: 02 -CU -17-09-98 Current Zoning: 1-1 Limited Industrial �rY..�rW. M.... ++..r.... o -.-r .. �� ..� �.r r rr. A c+V •rn � ~ rNIS MN Is IRSNDFD FOR N!FIRINC! USE ONLY The CNy M946"nLn ASC D.4et. C~4y do not F.aron v Me Fccvr y d Inf Mis atjen. Comprehensive Guide Plan Land Use Map I/ Q� IT I .N. NO.7E (LONE OAK Development/Developer. Case No.: Current Guide Plan Designation: W • M too r»� RDO Handling Co. 02 -CU -17-09-98 IND Limited Industrial 7 City of Eagan Mr ..r .y u.rww.. r»r.• .1 • Wu C..wT l..0 Cww1 �...N�..� •.�.........,.r.......».....,.«...�.....,�»,.« TNIE KAP IS INTENDED ?011 REFERENCE USE ONLY >•Y 1�M rbe CNY M ROW MN DMM- C~ Y •. n E ."q XM "C.r y M DTIC YM PROPOSED OUTDOOR STORAGE AREA ISO. 50 - "I - 200.00 �I s 200.00 8� S CENTER aha _ o SEE ARCHfTECTURAL PLAN i3 FOR SIDEWALK AND CONCRETE TION t STOOP LOCATION t 24.00 80.00 LOT R-90' FZ, 4A� =Z- 4 . V. PROPOSED Z to k-20DISPLAY AREA PROPOSED �5 18 J FE\CE I I I I Nos 11 OUTLOT 115— SEE GRADING PLAN FOR TEMPORARY ROADWAY M c to 0 SITE PLAN' UV.4 .. . . . , .._ JY M JY , R G E Z I Agenda Information Memo November 2, 1998 Eagan City Council I1111110)XI 319 31 111a I In I'll 311"111110V ACTION TO BE CONSIDERED: To approve or deny a Conditional Use Permit to allow a 12,000 -gallon above ground fuel storage tank on property located at 3659 Kennebec Drive, legally described as Part of Lot 1, and Part of Lot 2, Block 3, Cedar Industrial Park, in the NW 1/4 of Section 17, subject to conditions listed in the APC minutes. FACTS: Freightmasters has a 153,000 square foot warehouse that operates as a truck and freight terminal at 3695 Kennebec Drive. Their facility at 3659 Kennebec Drive is used for truck and trailer parking and equipment maintenance. Freightmasters is proposing to install an above -ground diesel fuel storage tank at their storage and maintenance facility for use by their company vehicles. The site and surrounding properties are zoned 1-I, Limited Industrial. The location of the proposed tank appears to satisfy the performance standards in the City Code for outdoor storage. The City Fire Marshal has reviewed the plans and indicated that the proposed fuel tank meets Uniform Fire Code requirements. In addition to City review of the Conditional Use Permit, the tank must be reviewed by the State Fire Marshal prior to installation. The APC held a public hearing on October 27, 1998, and recommended approval of the Conditional Use Permit, subject to the conditions in the APC minutes. ATTACHMENTS: October 27, 1998 APC Minutes, pa eseee:S}r_ Staff report, pages" through Page 4 October27, 1998 DRAFT ADVISORY PLANNING COMMISSION MINUTES CONDITIONAL USE PERMIT FREIGHTMASTERS Commission Chair Hey] opened the next public hearing of the evening regarding a Conditional Use Permit to allow an above -ground fuel storage tank at 3659 Kennebec Drive, legally described as part of Lots I and 2, Block 3, Cedar Industrial Park, in the NW 1/4 of Section 17. Associate Planner Dudziak introduced this item. Ms. Dudziak highlighted the information presented in the City staffs planning report dated October 20, 1998. Ms. Dudziak noted the background and history, the surrounding uses and the existing conditions of the subject property. Freightmasters Representative Ron Have shared a photograph of a similar fuel storage tank. In response to questions, he explained the type of bollard barrier that will be provided around the tank that will hold diesel fuel. Chair Heyl closed the public hearing. Member Steininger moved, Member Bakken seconded, a motion to recommend approval of the Conditional Use Permit to allow an above -ground fuel storage tank on property located at 3659 Kennebec Drive legally described as Part of Lots 1 and 2, Block 3, Cedar Industrial Park, in the NW 1/4 of Section 18 subject to the following conditions: The Conditional Use Permit shall be recorded at Dakota County within 60 days of Council approval and proof of recording submitted to the city. 2. The tank shall be located in the rear yard as shown on the site plan dated September 11, 1998, 3. A protective barrier that is acceptable to the City Fire Marshall shall be installed around the tank. 4. The applicant shall provide to the City proof of the State Fire Marshal's review and approval of the fuel tank prior to its installation. 5. The fuel tank shall be used solely for fueling the occupant's company vehicles. Fuel sales to others shall not be allowed. All members voted in favor. // g PLANNING REPORT CITY OF EAGAN REPORT DATE: October 20, 1998 APPLICANT: Freightmasters, Inc. PROPERTY OWNER: Ronald Have REQUEST: Conditional Use Permit LOCATION: 3659 Kennebec Drive COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARl OF REQUEST CASE: 18 -CU -18-09-98 HEARING DATE: October 27, 1998 PREPARED BY: Pam Dudziak Freightmasters is requesting approval of a Conditional Use Permit to allow a 12,000 -gallon above ground fuel storage tank on property located at 3659 Kennebec Drive, legally described as Part of Lot I and Part of Lot 2, Block 3, Cedar Industrial Park, in the NW 114 of Section 17, AUTHORITY FOR REN"IEN' City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report Freightmasters D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, the I-1 zoning district subject above ground fuel storage tanks to the regulations for outdoor storage. City Code Section 11.10, Subdivision 29.2, C, lists performance standards for outdoor storage as follows: Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. 2. The storage area shall be located in the side or rear yards and shall not encroach into anv required front building setback area or other required setbacks. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The storage area shall not interfere with any pedestrian or vehicular movement. The storage area shall not take up required parking spaces or landscaping areas. / Q O Planning Report Freightmasters The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/HISTORI' Cedar Industrial Park was platted in 1967. A Conditional Use Permit was issued in 1978 for the storage of trailers, and the existing metal building was constructed in 1979. The Freightmasters facility at 3659 Kennebec Drive is used for truck and trailer parking and equipment maintenance. The applicant owns other property in Eagan. Freightmasters has a 153,500 square foot warehouse building that operates as a truck and freight terminal located at 3695 Kennebec Drive. Freightmasters received a Conditional Use Permit and constructed the building on that property in 1994. EXISTING CONDITIONS Freightmasters operates a truck repair shop on this site. The property contains an existing 50' by 60' two-story building and a communications tower that was constructed at the west end of the site in 1995. The communications tower %as made taller in 1997. The lot is paved with curb and gutter around part of the lot; precast concrete was allowed instead of curbing along the north and west edges of the lot. A chain link fence surrounds the site. 1 AI The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Freightmasters; zoned I-1 (Limited Industrial); guided IND (Limited Industrial) South - Herregan Distributors, Inc.; zoned I -l; guided IND East - Multi -tenant office warehouse; zoned 1-1; guided IND West - Seneca Wastewater Treatment Facility; zoned I-1; guided INS I47.11 It" I COXXII a NX41011 *31 Compatibility with Surrounding Area - The purpose for the Conditional Use Permit is to allow an above -ground diesel fuel storage tank to be installed on the site. The applicant indicates that the tank would be used to dispense fuel for Freightmasters' company trucks. The fuel tank is proposed to be located near the center of the site, behind the building. Land scapine!Screenine - City Code requires screening of parking and storage areas from the public right-of-way. Screening between industrial properties is not required. Existing landscaping and screening includes a mix of overstory trees and deciduous shrubs along the front, and vines along the fence. No additional landscaping is proposed for the site. Access'Circulation - Access to the site is provided from Kennebec Drive. Adequate access and internal circulation is provided on the site for business operations and emergency vehicles. Planting Report Freightmasters Page 4 Outdoor Storage Standards - The fuel tank is proposed to be located to the rear of the building and will be surrounded by protective bollards. Screening is discussed in the Landscaping:' Screening section above. All surrounding properties are industrial; none of the adjacent properties are guided or zoned for residential use. The location of the tank appears to allow adequate room for vehicles to maneuver without interference. The tank does not take up required parking or landscaping areas. The area surrounding the tank is surfaced with bituminous and the tank will be located on a concrete pad. The City Fire Marshal has reviewed the plans and has indicated that the package fuel tank meets the requirements of the Uniform Fire Code for Flammable and Combustible Liquids. Additionally, the tank must be reviewed by the State Fire Marshal prior to installation. SUM'.NARY/CONCLUSIOI The purpose of the Advisory Planning Commission's review of a Conditional Use Permit is to ensure compatibility with the surrounding area. The fuel tank is proposed to fuel the applicant's company vehicles only. The site is zoned industrial and is surrounded by other industrial development. The location of the tank behind the building and near the center of the site meets setbacks for outdoor storage. ACTIO\ TO BE CONSIDERED To recommend approval or denial of a Conditional Use Permit to allow an above ground fuel storage tank on property located at 3659 Kennebec Drive, legally described as Part of Lot 1, Block 3, and Part of Lot 2, Block 3, Cedar Industrial Park, in the NW 1/4 of Section 17. If approved, the following conditions should apply: The Conditional Use Permit shall be recorded at Dakota County within 60 days of Council approval and proof of recording submitted to the city. 2. The tank shall be located in the rear yard as shown on the site plan dated September 11, 1998, 3. A protective barrier that is acceptable to the City Fire Marshall shall be installed around the tank. 4. The applicant shall provide to the City proof of the State Fire Marshal's review and approval of the fuel tank prior to its installation. S. The fuel tank shall be used solely for fueling the occupant's company vehicles. Fuel sales to others shall not be allowed. la a FINANCIAL OBLIGATION 18 -CU -19-09-98 PART LOTS 1 & 2, BLOCK 3, CEDAR INDUSTRIAL PARK - FREIGHTMASTERS Conditional Use Permit - There are pay-off balances of special assessments totaling S3,940on the parcels for which the Conditional Use Permit is requested. At this time, there are pending assessments totaling S -0 -on the parcels for which the Conditional Use Permit is requested Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are noted. The collection of this financial obligation is not a condition for the approval of the Conditional Use Permit The Financial Obligation will be collected at time of connection to the City's Utility System IMPROVEMENT USE RATE QUANTITY AMOUNT None S -0 - TOTAL �a3 Location Map 1000 0 1000 Fr 11000• Development/Developer. Frelghtmasters Application: Conditional Use Permit Case No.: 1g -CU -18-09-88 r iapE0, �M R�3h by EO:mr9 }}¢ �aY Owr n4./mrrm Pam p Ot�m Cdty lwf 7 ��+�al' Owst+rl *City of Eagan "°'°^7"-°" C1 N E THIS M" n IIRINOY FOR 1 SFMMCS ui! ONLY S The CNy M NOW wN awkab Cwwq N wwt Saw.wMaa the awawnry to" 1nlaw w"On. Zoning Map .x D .M so FIN. Development/Developer. Freightmasters Case No.: 18 -CU -18-09-98 Current Zoning: 1-1 Limited Industrial*�-/ City of Eagan fir, e Wrt THIS tl 1{ IN END[D FDA AIFIEuNC[ USE ONLY •^�I •'-�•,f Th. CNy a Ral'. � D"N- c4-Mv N wa! W� IM "C.M.Y 0 tl 1. Iw or w gl a 5 Comprehensive Guide Plan Land Use Map It Development/Developer. Freightmasters Case No.: 18 -Cu -18-09-98 Current Guide Plan Designation: IND Limited Industrial Cityof Eagan u_. .M.. M1..Y �. ..M Y.. .,. _...«... ,...... ...., ..,ur.,.. M E r. OwmvrYiIM ■[I.N.MC. rn. CM, .. E".. CM... C..My �. ...r.,.e.. n...ee.. , .. ,w.w.nM. . S H CLIVI. i1 ";fP 1 f, 1.105 .. LOT Tow" ♦, ':. BLOCK ' '!' .,,...ow 3 Ap�p�{p TAM m. I l ` I • s nwr N •� .. LOT \ 1 H CLIVI. i1 ";fP 1 f, 1.105 FREIGHTMASTERS September 16, 1998 CITY OF EAGAN Planning Department 3830 Pilot Knob Road Eagan, NP4 55122 Dear Sirs The property, at 3659 Kennebec Drive, is used for truck and trailer parking and equipment maintenance. It is our desire to install an above ground fuel storage tank to dispense fuel to our company trucks. The design of the tank is a full double wall to assure positive leak containment It also includes all dispensing pumps and safety shutoffs and monitoring -- all factory designed and installed. The area all round the properly is used for truck and equipment operations. Sincerely, Ronald A. Have President 3703 KENNEBEC DRIVE EAGAN, MINNESOTA 551221 (651) 688.6800