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09/20/1994 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING SEPTEMBER 20, 1994 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:30 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:35 - VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) V. 6:50 - CONSENT AGENDA (PINK) P. 2A. PERSONNEL ITEMS S E. LICENSES, Plumbers P,1 C. RECEIVE ASSESSMENT ROLL and order public hearing for October 18 for P•'� assessment of delinquent utility bills. D. RECOMMENDATION, Airport Relations Committee, Eagan -Mendota Heights Corridor PAircraft Operations ' E. RESOLUTION, Police Department STEP Program Grant Application for Sober P.Driving and Seatbelt Use Enforcement F. SCOPE CHANGE, Scope of Architectural Services, Police Department/ Municipal (7. Center Expansion, for Security Engineering, Site Design, Drainage Modifica- / tion and Generator Relocation J G. FINAL SUBDIVISION APPROVAL, American Red Cross Addition /7.123 30 H. PROJECT 607, Receive Final Assessment Roll/Order Public Hearing (Diffley e, Road) /0I. CONTRACT 93-12, Approval Final Payment/Authorize City Maintenance (Hawthorne 0•4) J. Woods Drive Sidewalk) CONTRACT 94-15, Receive Bids/Award Contract (Timberline Sanitary Sewer ' Rehabilitation ` 2 K. RECEIVE BIDS/AWARD CONTRACT, Street Maintenance Equipment (Street Sweeper) PJ L. CONTRACT 94-03, Approve Change Order #3 (Blackhawk Road & Blue Cross Road) g 10 M. ACCEPT RESIGNATION of Cheryl Dusek from Solid Waste Abatement Commission; �Recommend Appointment of Replacement .40. . N. RESOLUTION Supporting Application for Annual Landfill Abatement Grant Funds �. from Dakota County 4 0. RESOLUTION, Approving Statement of Purpose in Connection with the Turfgrass, c. cMeadow and Woodland Establishment and Maintenance Ordinance S P. APPROVE 1994 General Fund Budget Adjustments IttQ.RESOLUTION Approving the On -sale Liquor License Special Legislation R. RESOLUTION Approving the Special Service District Special Legislation 4°TpS. FINAL SUBDIVISION APPROVAL, Trails End : VACATE PUBLIC RIGHT-OF-WAY, Receive Petition/Order Public Hearing - Birch WI'Street VI. A. � � A. e! F to B. e, c. GID . 141E. 7:00 - PUBLIC HEARINGS (SALMON) PROJECT 662, Final Assessment Hearing (Cedar Grove Street Reconstruction) (To Be Continued to October 4, 1994.) OLD BUSINESS (ORCHID) RECONSIDERATION of Conditional Use Permit for National Propane Company NEW BUSINESS (TAN) PRELIMINARY PLAT, Best Brands Inc., of one lot on 16.75 acres located along the west side of T.H. 13 and the north side of Yankee Doodle Road. STOP SIGN REQUEST, Receive Petition and Approve/Deny Installation (Wilderness Run Road & Wedgewood Drive) CONSIDER ABATEMENT of Assessment, Interest & penalties (Parcel 10-03100-014- 77) REZONING, Remo Caponi, of 5.9 acres from A (Agricultural) to R-1 (Single Family), along the south side of Diffley Road, west of Lexington Avenue REQUEST to Change Bow Hunting Restriction IX. ADDITIONAL ITEMS (GOLD) X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) XI. ADMINISTRATIVE AGENDA (GREEN) XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: FROM: DATE: SUBJECT: HONORABLE MAYOR AND CITY COUNCILMEMBERS CITY ADMINISTRATOR HEDGES SEPTEMBER 13, 1994 AGENDA INFORMATION MEMO FOR THE SEPTEMBER 20, 1994 CITY COUNCIL MEETING ADOPT AG NDA/APPRQ After approval is given to the September 20, 1994 City Council agenda, the regular minutes for the September 6, 1994 City Council meeting, and the minutes for the September 6, 1994 special City Council meeting, the following items are in order for consideration. Agenda Information Memo September 20, 1994 City Council Meeting There are twenty (20) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS: Item 1. Seasonal Preschool Program Instructors --After interviews, it is the recommendation of Recreation Supervisor Nowariak that Holly Confer and Benita Sollar be hired as seasonal preschool program instructors. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Holly Confer and Benita Sollar as seasonal preschool program instructors. Item 2. Seasonal Preschool Program Assistants --After interviews, it is the recommendation of Recreation Supervisor Nowariak that Joan Rodgers and Cheryl Werner be hired as seasonal preschool program assistants. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Joan Rodgers and Cheryl Werner as seasonal preschool program assistants. Item 3. Seasonal Park Maintenance Worker --After interviews, it is the recommendation of Superintendent of Parks VonDeLinde that David Johnson be hired as a seasonal park maintenance worker. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of David Johnson as a seasonal park maintenance worker. Item 4. Basketball Scorekeepers --It is the recommendation of Recreation Supervisor Oyanagi that the City of Eagan contract with Bruce Barry, Tom Platek, and David Schomburg (substitute) as basketball scorekeepers. ACTION TO BE CONSIDERED ON THIS ITEM: To approve contracting with Bruce Barry, Toni Platek and David Schomberg (substitute) as basketball scorekeepers. Agenda Information Memo September 20, 1994 City Council Meeting Item 5. Temporary Part-time Custodian --As part of the Youth Development Program at the Wescott Square facility, it is necessary to hire a temporary part-time custodian. It is the recommendation of Superintendent of Recreation Peterson and Youth Devleopemnt Coordinator Ashley that Barbara Purcell be hired for this position. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Barbara Purcell as a temporary part-time custodian in the Wescott Square facility. Item 6. Revision to Personnel Policy --According to state statute, a City located in the seven county metro area may no longer impose a reasonable response time requirement for employees. Therefore, it is necessary to revise the City's Personnel Policy. Enclosed on page is a copy of the proposed revision. Added language is underlined; language to be deleted is crossed out. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a revision to the City of Eagan's Personnel Policy involving a response time requirement. 3 6.6 Residence Policy: The following personnel will be encouraged to reside within the corporate limits of the City of Eagan and will be required or to live within a reasonable response time radius within six months after completion of the probationary period: City Administrator, Director of Public Works, Superintendents of Public Works and Parks, Director of Parks and Recreation, all operating maintenance supervisors, Police Chief, Deputy Police Chief, , and all other sworn officers in the Polic- Department. The residency policy affects all, of the positions described in the aforementioned sentence who are hired or promoted by the City of Eagan after May 1, 1977. August 1993 Agenda Information Memo September 20, 1994 City Council Meeting PLUMBERS' LICENSES B. Licenses, Plumbers --City Code requires that plumbing contractors operating within the City of Eagan be licensed on at least an annual basis. Enclosed on page 4 is the list of contractors whose applications are in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers' licenses as presented. PLUMBER LICENSES FOR APPROVAL - YEAR 1994 1. DINIUS PLUMBING CO. 2. J-BERD MECHANICAL INC. 3. J. SCOTT PLUMBING For September 20, 1994 City Council meeting Agenda Information Memo September 20, 1994 City Council Meeting ORDER PUBLIC HEARING/DELINQUENT UTILITY BILLS C. Receive Assessment Roll/Order Public Hearing for October 18 for Asse sment of deli quest utility bills --A list of delinquent bill accounts is enclosed on pages through 1 for your review. City policy for these accounts is to assess them against the subject property for payment with property taxes. The assessments will be spread for one year at at 6 1/2% interest. Per the 1994 Fee Schedule, a $25 assessment fee will be added to each of the balances not paid prior to the final assessment hearing. 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W .P V1 r .1D. U1 W N .A 0 IP -4 U1 -4 0 IP U1 r 01 10 n n n n n n n n n n n n n n n n n n n n n n n n n n n to w to w w to w w CO CO CO w CO w CO CO w CO CO w w w w w w w w l3 2188Wf1N-.LNf10JJV 0 0 C=7 z Sf1LY,LS-JNf1OJJK 4Id A 'SIMS J?JOd82i (OS: ST) 666T -dam -VT sb£'SO'OZ *OS•6BZL £06060T6EZ BOOET0099iii TOS00bt6EZ LOO1700099ITT 171 N w VI W A * n n v to to SS8WfN-ZNQOJJV 0 ro tT1 z snsVss-ZNnoOOV CId AEI as os ZSodSS '66t-dSS-17t N In O Agenda Information Memo September 20, 1994 City Council Meeting EAGAN-MENDOTA HEIGHTS CORRIDOR OPERATIONS D. Recommendation, Airport Relations Committee, Eagan -Mendota Heights Corridor Aircraft Operations --At its meeting of September 12, the Airport Relations Committee reviewed information concerning aircraft compliance with the Eagan -Mendota Heights noise compatible corridor. Enclosed on pages /( through 62 is correspondence received from the Metropolitan Airports Commission concerning a shift of focus in the MAC's noise abatement office from noise complaint hotline to the airport noise and operations monitoring system (ANOMS). The reason for this shift, as outlined in the letter, is the objective nature of the noise and flight track data provided by ANOMS and the subjective nature of noise complaint information. With respect to the flight tracking data, the MAC has begun a monthly report which includes the levels to which operations southeast of the airport correspond with the recommendation of the Blue Ribbon Task Force which would contain jet traffic between the extended runway centerline/localizer on the south parallel runway and a ground track of .095° from the north parallel runway. As noted in the attachment to the letter, approximately 30% of the traffic was south of the corridor while less than one-half of 1% was north of the preferred corridor. The Committee concluded to approach the issue in two ways. Due to the severity of the July information, it is recommending that the City Council formally request immediate action by the FAA to correct its training, supervision and procedure as necessary to achieve compliance with the south boundary of the corridor for all jet operations. Simultaneously, the Committee has requested that staff request additional historical data, weather information, arrival data, sorts of the data by date and time and weather conditions to assist in analysis of causes for operations outside the corridor and that staff begin discussions with the FAA on means of improving compliance. These items will be reviewed by the Committee and may be the basis for future recommendations to the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the recommendation by the Airport Relations Committee requesting immediate action by the FAA to correct procedures and supervision within the air traffic control system to maintain jet traffic on and north of the south parallel localizer. METROPOLITAN AIRPORTS (,'1)n1n1l;I( )N Minneapolis -Saint Paul International Airport 6040 - 28th Avenue South • Minneapolis, MN 55450-2799 Phone (612) 726-8100 • Fax (612) 726-5296 August 29, 1994 Mr. Jon Hohenstein ,Assistant to the City Administrator City of Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mr. Hohenstein: Your August 3, 1994, letter raises a number of questions regarding the Noise Complaint Hotline that I am pleased to respond to. This is an excellent opportunity to clarify a number of conditions surrounding the Noise Complaint Hotline, and lay out MAC's plan for information dissemination and public interface. The Noise Complaint Hotline was conceived in the late 1970s as a tool to provide interested citizens with information regarding airport operations, and evolved into an opportunity for citizens to vent frustration associated with aircraft noise by registering noise complaints. As the noise issue grew in the 1980s, so did the Noise Complaint Hotline. The staffing level of the complaint line became equated with the level of airport "concern" about the noise challenge pervading neighborhoods surrounding the airport. MAC's dedication to providing a hotline preceded any other airport's commitment to such a public interface, and the Hotline continued to grow to a 30,000 complaint -per -year service by 1990. The purpose of the Noise Complaint Hotline was to disseminate airport information, and provide an outlet for citizens to vent frustration by registering citizen complaints. However, because of emphasis placed on the complaint line, aircraft noise complaints took on a larger meaning. Simply registering complaints and providing a frustration outlet soon became insufficient, and complaints were then analy:ed. 1 was lured by the same ruse while at the Minnesota Pollution Control Agency (MPCA) in the late 1980s. Due to a lack of other pertinent airport information, I analyzed complaints as a surrogate for aircraft operations data. Once the airport began elaborately analyzing complaints and publishing the results a "scoring" mentality evolved with a certain onerous status associated with the community tallying the most complaints. With MAC continuing to solicit complaints both, implicitly and explicitly, a logical extension of the elaborate collection process evolved in the communities that assumed complaints would be collected, analyzed, and acted upon. But the purpose of the Noise Complaint Hotline remained as an outlet to disseminate airport information, and vent frustration through citizen complaints. Complaints were collected, sorted, parsed, distributed by time, analyzed for spatial density, carefully reproduced on elaborate colored charts, ... and filed away, later to be discarded. Complaints are not acted upon. There never was any intention to make decisions based on complaints. Yet, by virtue of the publicity afforded the Noise Complaint Hotline, the remarkable time, effort and cost expended in handling and analyzing complaints, and the ever-expanding coverage to staff the hotline, the public could only believe that when enough complaints were gathered, decisions affecting air traffic would have to be based on complaints. The Metropolitan Airports Commission is an affirmative action employer. Reliever Airports: AIRLAKE • ANOKA COUNTY/BLAINE • CRYSTAL • FLYING CLOt ID • LAKE ELMO - SAINT PA DOWNTOWN /� w It did not happen - does not happen. Not a single Environmental Impact Statement (EIS), Environmental Assessment (EA), or comprehensive plan so much as mentions complaint densities, let alone bases any decisions on them. Complaints are not factored into the Dual Track Planning effort, Runway 04/22 Extension EIS, MAC's Long Term Comprehensive Plan (LTCP), or the Corridor Refinement EA, still under way with the Federal Aviation Administration (FAA) Great Lakes Regional Office. Of course, public input is not nearly as bleak as the preceding paragraphs imply. But public input to the very open processes of EIS, EA, LTCP, Dual Track Planning, etc., does not come in the form of complaints, but rather, through reasoned written comments and testimony at public hearings specifically designed for the purpose of soliciting input that must be answered. nir Objective, quantitative data can be acted on by FAA, airlines, airports, etc. The $1 million+ Airport Noise and Operations Monitoring System (ANOMS), provides explicit, reproducible, objective data for information dissemination and airspace analysis. The data -sparse aircraft operations environment of the past two decades is now rich with technical information that will change the way Minneapolis -St. Paul airspace is managed. Though compliance with noise abatement programs was never driven by complaints, it will be monitored and controlled through unbiased aircraft operations data output from ANOMS. This is not to say that the Noise Complaint Hotline will be abandoned. Nor will the mission of the complaint line be changed. How that mission of disseminating information and providing a frustration outlet is accomplished is evolving in response to technological changes that impact all of our lives. We will continue to provide an opportunity to vent frustration by leaving a complaint 24 hours per day. If a noise phone clerk is on duty, they will answer the call. Otherwise, a digital recording machine will store the complaint. Currently, the Noise Complaint Hotline is staffed Monday through Friday, 24 hours per day. Through attrition, the staffing levelwill evolve to two persons on duty, Monday through Friday during business hours, with the Hotline available 24 hours per day. To improve MAC's original intent of providing information to the public regarding airport operations, I am proposing a number of initiatives to increase information coverage. 1. Introduce Automatic Terminal Information Service (ATIS) as a choice to callers of the Hotline. Experience indicates that many callers simply are interested in the current operating mode of the airport. 2. Broadcast an ANOMS report similar to the MASAC Technical Advisor's Report on cable television. This would allow a much wider audience than is currently the case. to take advantage of specific airport information. Additionally, citizens could peruse the information at their choice of time, without making a phone call. 3. If the first two choices are not sufficient, two phone clerks will be available weekdays, during business hours. This program will be phased -in, and does not represent a retreat of the airport away from the public. On the contrary, it opens airport operations to a wider audience, and places responsible emphasis on the complaint line commensurate with its real impact. By not addressing the complaint line's reason for being, MAC has implicitly allowed to spread, the inflated purposes currently circulating throughout neighborhoods regarding the effect of calling the complaint hotline. As indicated in the attached community flyer, misinformation is rampant, and extends to the print, television, and radio media. The Aviation Noise Programs' evolving complaint line changes address the false hopes raised by irresponsible, incorrect pronouncements like the following - an excerpt from the attached community flyer: Register your complaint. It is the ONLY way that anything will change. Just one or two calls a day could mean less noise; resulting in peace of mind (and ear), higher property values, uninterrupted conversations, etc...etc...etc Page 2 Clearly, people are concerned about aircraft noise, and complain because they would like to see changes occur. Calling a complaint line will not bring about any changes. However, the advent of sophisticated systems like ANOMS, with staffing and funding properly placed in program development and technical support positions, will allow airport operators, users, and the FAA to respond to citizens' concerns by defining existing airspace uses, and mapping future management plans that minimize impacts on airport neighbors, while balancing the needs of the National Airspace System. Thank you for your timely questions regarding this matter. We will continue to respond to your needs as best we can. Your patience, as always, is greatly appreciated. Si Jo fif Foggia M nager, Aviation Noise Program 3 1 Attachment Page 3 110,1011, wortgoaciam If !I 1/1 v _0 i I 8 g 0 sun Agenda Information Memo September 20, 1994 City Council Meeting STEP PROGRAM GRANT APPLICATION/POLICE DEPARTMENT E. Resolution, Police Department STEP Program Grant Application for Sober Driving and Seatbelt Use Enforcement --Enclosed on page �f is a memorandum from the Police Department covering the proposed application for STEP grant funds. The program will enhance edu tion and enforcement to encourage sober driving and seatbelt use. Enclosed on page,. S t v1i is a copy of the resolution proposed in this regard. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution regarding the STEP program grant application as presented. city of ecigcin police department PATRICK GEAGAN Chief of Police RICHARD SWANSON Captain Administration & Investigation JAMES SEWALD Captain Patrol 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122-1897 PHONE: (612) 681-4700 TDD: (612) 454-8535 FAX: (612) 681-4738 September 8, 1994 TO: FROM: SUBJECT: Chief Patrick J. Geagan Jim Sewald, Operations Captain Safe and Sober Grant Funds (STEP) THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk We have received information about a grant from the Minnesota Department of Public Safety targeting alcohol impaired drivers and seatbelt violators. The Grant is referred to as a specific traffic enforcement program or STEP. This would require us to put together a special detail of officers that would specifically target alcohol impaired drivers and violators of the seatbelt statutes. The specific target dates are in December 1994, April 1995, late June into early July 1995 and mid August through the first week of September 1995. We have prepared an application for the grant money and this has been submitted to the Department of Public Safety for their consideration. If we receive the Grant, most of our overtime costs and fleet costs will be covered. We have committed to some equipment purchasing which would amount to about $1,050.00, which the Grant will match. In essence, we will be able to purchase the equipment, which we need anyway, at half price. Our portion of the funds are contained in the 1994 operating budget. I would like to get City Council approval for this STEP Grant if we are selected to participate. Respectfully submitted, Jim Sewald THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirn)ative Action Employer RESOLUTION REGARDING STEP PROGRAM GRANT APPLICATION City of Eagan WHEREAS, the City of Eagan recognizes sober driving and seatbelt use as important factors for traffic safety in the community, and WHEREAS, the Eagan Police Department actively promotes sober driving and seatbelt use as a part of its traffic enforcement activities, and WHEREAS, the City wishes to target and expand upon these activities in the interests of the health, safety and welfare of the community, and WHEREAS, the Minnesota Department of Public Safety, through its STEP Program, supports activities of local units of government and their police departments to expand enforcement and attract media attention for sober driving and seatbelt use, and WHEREAS, the Eagan Police Department has committed resources to this effort and has developed a program of enforcement and information to implement STEP Program in the City of Eagan, NOW, THEREFORE, BE IT RESOLVED that the City of Eagan authorize the submission of a STEP Program Grant and the expenditure of STEP funds to promote sober driving and encourage seatbelt use through expanded information and enforcement activities as prescribed by the Program criteria. Motion made by: Seconded by: Those in favor: Those against: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of September, 1994. E. J. VanOverbeke, City Clerk Agenda Information Memo September 20, 1994 City Council Meeting ARCHITECTURAL SCOPE CHANGE/POLICE DEPT/MUNICIPAL CTR EXPANSION F. Scope Change, Scope of Architectural Services, Police Department/Municipal Center Expansion, for Security Engineering, ite Design, Drainage Modification and Generator Relocation --Enclosed on pages . K through is a copy of correspondence from Thorbeck Architect Ltd. covering scope of work change_s.soncerning the municipal center building project. Also enclosed on pagesc-30 through are scope changes prepared by the construction manager as a means of record keeping for these items. The need for each change is outlined below: 1. Security System Engineering --The original scope of work anticipated that a single vendor would design and specify the security system for the Police Department. It was later determined that sufficient competition was available in the market to offer the system for competitive bids. The additional cost of engineering work was more than offset by the differential between the bids received and the cost estimate for the bid package. 2. Site Work --The original scope of work anticipated that the City would be responsible for all site work beyond the envelope of the actual building project. It was determined that for architectural consistency, the main entranceway plaza should be designed by the building architect. As a consequence, the boundary between the two projects was shifted. The actual cost for the site work in the entry area will be covered by the site cost budget and is incorporated in that budget. The increase would be offset by a decrease in design costs for the remainder of the site. 3. Building Drainage Modification --As was indicated to the Council at the presentation concerning the site, drainage of the Police Department air shaft would require an overdepth of the storm sewer which is not necessary for drainage for the remainder of the site. Engineering had to be modified to incorporate a sump pump in the police project to affect a $20,000 savings from the site cost. 4. Fire Rating Modifications --In the course of the building permit review for the police facility, the Protective Inspections Department identified fire rating modifications which were necessary which will result in operating efficiencies. 5. Emergency Generator Relocation --The original scope anticipated that a new generator would be purchased for the police facility and that the existing generator would continue to serve the municipal center. It was determined that the relocation of the existing emergency generator could power necessary functions in the police facility and that the number of power outages at the 02 co Agenda Information Memo September 20, 1994 City Council Meeting municipal center during business hours had been substantially reduced to the point that it was determined that the municipal center could operate without emergency power, but with emergency lighting. A reduction in the cost of the emergency generator will save approximately $40,000-$50,000 depending upon the final change order reductions. As an aside, the Steering Committee would encourage the Council to consider the possible use of a portion of this reduction for the screen wall alternate for the generator location west of the police building, adjacent to Pilot Knob Road. This alternate was priced, but not included in the original police facility bid. The Steering Committee feels strongly that the screen wall is necessary to present the appropriate image for the building to Pilot Knob Road and to meet the standards which are applied to similar developments within the City. This recommendation is not a part of the scope change action, but is provided at this time due to its relationship to the item described. Unless directed otherwise, it will be reviewed with the City Council at a future discussion of building details. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the architectural scope changes for security system design, site work, drainage, fire rating and emergency generator relocation totaling $24,057 as presented. 7-) tl Thorbeck Architects Ltd. September 12, 1994 Mr. Jon Hohenstein Assistant to the City Administrator City of Eagan Pilot Knob Road Eagan, MN 55122 Re: Eagan Municipal Center Project Fees for Increase in Scope -of -Work and Miscellaneous Additional Services Dear Jon: This revised letter outlines Additional Service work previously requested for the Police Facility, along with the fees for adding the entry plaza/site development to the architectural scope of works as established by the Steering and Site Committees. The construction limits as currently shown for the City Hall, Phase II project have been scaled back as requested by the Steering Committee to eliminate the Gathering Place. We have also eliminated the concrete brick pavers and now call for bituminous on the driveway and exposed aggregate and broom finish concrete for the walkways. These modifications still maintain the idea of an "entrance square". The construction cost has been correspondingly reduced from the previous estimate as well as the fee. Together they are still within the amount previously budgeted in the site package. The site work that has been added to the architectural scope of work (including the colonnade with stone columns and lights, lighted concrete bollards, and bicycle racks) will increase the architectural construction cost by approximately $160,000 (with an equal reduction from the site budget). These dollars should be transferred from the site budget to the Phase II City Hall budget for E&V Inc. to bid and monitor as Construction Manager. The additional architect/engineering fee we request for the increase in the scope of work is as follows: 1. Site work (Schematics through Construction in City Hall Phase II) Professional Personnel $8,150 Support Personnel $200 Consultants $1.357 Professional fee $9,707 Estimate for other reimbursables and expenses for the work $250 Total Fee Increase $9,957 1409 Willow Street / Minneapolis. Minnesota 55403 / 612-871-7979 / Fax: 612-871-8088 SUMMARY Current rot -to -exceed amount in contract: $411,750 1. Increase for security system engineering work to prepare bid documents, rather than direct puri,:lase. (see April 5, 1994 letter to the Chief). $7,200 2. Increase for site work as outlined above, $9,957 3. Cost to prepare sump -pump change oder. (BKbM estimates this will increase Police construction costs by $2,500, however it will reduce $20,000 from the site cost). S1,200 4. Cost to prepare change order to modify rare rating in the police facility as determined by the Building Official (this will result in some savings rwd improved operar'ons). $1,300 5. Police Emerg�acy Generator redesign (will save $45,000). $4,400 New Not -to Exceed Amount $435,807 1f this is abreeLle, the c,lclosed Addendum #2 to `i contract should be signed by the City and a copy returned to us. If you have any questions plez -,e let me know. Sincerely, Duane Thorbeck AIA copy: Mike Stowe, E&V Inc. R499% 61288718088 1 09-15-94 11:46AM P001 3114 SEP -14-1994 16:49 E & U, INCORPORATED 612 559 5104 P.02/02 PROJECT _TTY QF EAGAN SCOPE CHANGE NO. l DATE _9/14/94 DESCRIPTION OF SCOPE CHANGE ADD SITEWORK: COLONNADE. EXCAVATION% SIDEWALKS, CURBS, LIGATING, ETC. WORK IS AT NORTH ADDITION AND MAIN ENTRY TO POLICE AND NEW CITY HALL ENTP &NCE. REQUEST BY JON HOHENSTEIN REASON Fr R SCOPE C NGE TO PROVIDE COORDINATION BETWEEN BUILDING & SITE DESIGN. SIM DESIGN PREVIOUSLY BY CITY (CODE...) ) ***********************i*•*********i••,•.•************************************i**iii** BUDGE"' IMPACT • DESIGN COC T $93$7 • PROBABLE CONSTRUCTIO. < COST $160.000 • FF&ECOST SCHEDULE IMPACT NONE ************************************,.c********************************************** APPROVALS • DESIGN PROFESSIONAL DATE • CONSTRU:2T1ON MANAGER • OWNER DATE 9 — /1/— DATE [1/— DATE TOTAL P.02 R.=98% 659 5104 09-14-94 04:42PM P002 #03 SEP -14-1994 1E:48 R=99% E & U. INCORPORATED 612 559 5104 P.01/02 PROJECT CITY Cfi EAGAN SCOPE CHANGE NO. 2 DATE 9/14/94 DESCRIPTION OF SCOPE CHANGE REI OCA'.E EXISTING EMERGENCY GENERATOR FROM CITY HALL TO NEW POLICE. ET IMINATE NEW EMERGENCY GENERATOR. REQUEST BY TEAM REASON FOR SCOPE CHANGE COST SAVINGS - VALUE ENGINEERING (CODE 3 ) ******k*****t..i**************************,4t#****************************** ******fir* BUDGET IMPACT • DESIGN COST $4,400 • PLOBABLE CONSTRUCTION COST CREDIT $40-X45,000 • FF & E COST -0- SCHEDULE LMPACT NONE APPROVALS • DESIGN PROFESSIONAL TATE • CONSTRUCTION MANAGER DATE -- ?if • OWNER DA7,: 61233 '5104 09-14-94 04:42PM P001 403 SEP -16-1994 0E'24 E & V, INCORPORATED 612 559 5104 P.02/04 PRnJECT CITY GP E SAN SCOPE CHANGE NO.3 "ATE 9/15/94 DESCRIY ziON OF SCCA. E CHANGE DESIGN ;,ECURITY SYSTEMS FOR. NEW POLICE FACILITY INCLUDING DE_Sic7N SHOP DRAWING REVIEW. r'ONSTRUCTION OBSERVATION. REQUEST B i PAT .3EAGAN REASON 11 OR SCOPE CHANGE NOT FIN ORciINAL SCOPE OF DESIGN SERVICES (CODE 1 ) ****t#**#t#**#**********#**•a#t******,##*#t**t*:*t************ft*#***************Rt* BUDG T IMPACT • DESIGN COST $7,200 • PROBABLE CONSTRITCTION COST $0 • FF & E COST -:1- SCHEDULE �:,APACT NONE w#kwi.*****#*tk#*****t**w*********k*******.**k***+*****t***t********i*****t!******'*** AIPRO7ALS • DEIGN PROFESSIONAL DAM • CONSTRUCTION MANAGER f1 G)<S7/257-4..•-e DATE • OWNER '?// /is/ DATE R=98 612` X04 09-16-94 08:18AM P002 #36 SEP -16-1994 08.24 E & U, INCORPORATED 612 559 5104 P.04/04 1`17.e i T i1FF EAGAN E..:JPE CHANCE NO. 4 DATE 9/15/94 DESCRIPTION OF SCOPE C I AIGE ADD SU'.e/SUMP PUMP AS REQUESTED BY CITY. REQUEST BY MIKE Fu, r'TICH/JON HOLT NSTEIN REASON . an SCOPE CRs NGT. COST SAVINGS TO SITE WORK. (CODE 3 ) ***t:.***********•************************************k***'*************************** BTTIiGET ThTPACT • DESICN COST "__11,22_. • PROBABLE CONSTRUCTION COST NET SAVINGS $10 - $1 0,000 • FF & E COST SCHEDULE: L 11 -ACT NONE -0- ***.i.*********************.************************i,,4*********************tit**** 1 PPROVALS • DESIGN PROFESS1vi1AL DATE • CONSTRUCTION MANAGER 7.31 • OWNER DATE 7/5/9fe DA -"E -� TOTAL P.04 R-98% 61r�,,9 `104 09-16-94 08:18AM P004 3136 SEP -16-1994 6Z=24 E & U, INCrwRFC721TED 612 559 5104 P.03iO4 PROJECT CITY or E&GAN SCOPE CHANGE NO. 5 DATE 9/15/94 DPSCRTPTION al, SCOPE CHANGE 'MODIFY FIRE RATING 114 POLICE FACILITY AS DETERED BY TETE BYJLL?MING OFFIC' &I.. REQUEST BY JON HOHENSTEIN REASON FOtt S";OPE CHANGE COST SAVINGS AND IMPROVED OPERATION (CODE 3 ) +art**wart***'*4***********r*************4*** BUDGET IMPACT • I'ESIGN COST X00 • PRCLABLE CONS 1,:JCTIO,4 COST SA VINGF OF ") 000 • Fl & E COST SCHEDULE IMPACT NONL -0- APPROVALS • DESIGN PROFESSIONAL DATE • CONSTRUCTION MANAGER 7' • Ow1.TE7 DATE � 5-1:951 DATE R-98% a : 5104 09-16-94 08:18AM P003 #36 Agenda Information Memo September 20, 1994 City Council Meeting FINAL SUBDIVISION APPROVAL/AMERICAN RED CROSS ADDITION G. Final Subdivision Approval, American Red Cross Addition --Review of the final subdivision documents have been completed and the development contract has been drafted for the final subdivision for the American Red Cross. Requisite financial guarantees have also been provided. Final approval of this subdivision would therefore be in order. Enclosed on page ✓L is a copy of the final plat as it appears for recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To give final subdivision approval to the American Red Cross Addition. J/ J oftsoF— z 0 O O SG AIM Irilt.S.1".:41 i131:= U:14.) r 11 6 avers:VY .,._ ---r ...... \ ems arm 41. F cannoning t SOW 0 .411.141. rt • VMS t Agenda Information Memo September 20, 1994, City Council Meeting RECEIVE FINAL ASSMT ROLL/ORDER PUBLIC HEARING H. Project 607, Receive Final Assessment Roll/Order Public Hearing (Diffley Road) -- The reconstruction and upgrading of Diffley Road from the Caponi Art Park to TH 3 has been completed, all costs tabulated and the final assessment roll prepared. This roll is being presented to the City Council for their consideration of scheduling a public hearing to formally present the final assessable costs to all affected property owners. An informational neighborhood meeting is scheduled for 5:00 p.m., Thursday, September 22, to review the final assessment costs with any interested property owner prior to the public hearing presentation. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 607 (Diffley Road Reconstruction) and order the final assessment public hearing to be held on October 18, 1994. APPROVE FINAL PAYMENT/AUTHORIZE CITY MAINTENANCE I. Contract 93-12, Approve Final Payment/Authorize City Maintenance (Hawthorne Woods Drive - Sidewalk) --The installation of the sidewalk along Hawthorne Woods Drive has been completed, all inspections performed by authorized City personnel and found to be in conformance with the plans and specifications for this contract and typical City standards. It is now in order for Council consideration of authorizing final payment and accepting the improvement for perpetual City maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the second and final payment to Contract 93-12 (Hawthorne Woods Drive - Sidewalk) in the amount of $10,441.81 to West Star Curb & Gutter, Inc., and accept the improvement for perpetual City maintenance subject to appropriate warranty provisions. RECEIVE BIDS/AWARD CONTRACT J. Contract 94-15, Receive Bids/Award Contract (Timberline - Sanitary Sewer Rehabilitation) --At 10:30 a.m., on Friday, September 16, formal bids were received for the slip lining rehabilitation of the sanitary sewer running in the rear yard ravine of the Timberline Addition north of McCarthy Road and east of TH 13. Enclosed on paged is a tabulation of the bids received showing a relationship of the low bidder to the engineer's estimate for this project. All bids will be reviewed for compliance to the bid specification documents and any deviations will be addressed at the time of contract award consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 94-15 (Timberline Addition - Sanitary Sewer Rehabilitation), award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related contract documents. COiJTRACTORS 1. Insituforrn Central city of mean MC!'tARTHY RIDGE SANITARY SEWER REHARILITATION C.'TY CCI`r'''RACT NO! 94-15 F!LE NO. 49558 EA(AP, ts. NNESOTA 19913. BID DATE: FRIDAY, SEPTEMBER 18, 1994 BID TIME: 10:00 A.M. TOTAL BASE RID ALTERNATE BID ?.7 0O OQ $ 9.250.0D TOTAL $27,300.00 $36,650.00 Engineer's Estimate $29,000.00 Ease Bid % Over (+) Undor (-) (-) 5.9 % Base Bid + Alternate % Over (+) Under (-) 1146tanoou t.+e► 38 $37,000.00 (-) 8.2% Agenda Information Memo September 20, 1994, City Council Meeting RECEIVE BIDS/AWARD CONTRACT (STREET MAINTENANCE EOPT) K. Receive Bids/Award Contract, Street Maintenance Equipment (Street Sweeper)—At 10:00 a.m., on Monday, September 19, formal bids will be received for the purchase of a replacement street sweeper. The City also solicited quotations for an alternate bid of a demonstration unit having 100 hours or less. Enclosed on page * is a tabulation of the bids received. All bids will be evaluated for compliance to the bid specification and any deviations will be noted at the time of contract award. An evaluation will also be performed of the alternates and a recommendation will be provided with the Administrative Packet prior to the Council meeting. Funding for this piece of equipment has been provided in the City's 5 -Year Equipment Capital Improvement Program with participation from the City's insurance company. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Street Maintenance equipment (street sweeper) and award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related contract documents. * The bid tabulation will be included with the Administrative Packet on Monday. APPROVE CHANGE ORDER #3 (BLACKHAWK RD & BLUE CROSS RD L. Contract 94-03, Approve Change Order #3 (Blackhawk Road & Blue Cross Road) -- This Change Order provides for an extension of the interim completion date from September 17,1994, to October 29, 1994, and the final completion date from October 31, 1994, to November 19, 1994, and an extension of working hours from 7:00 p.m. to 9:00 p.m. to allow the contractor to finish this work in a timely manner. The extension of the completion date was necessitated by the reconstruction of the Williams Pipeline over which the City/contractor had little control resulting in substantial delay in progressing with the utility work and street reconstruction. There are no costs associated with this Change Order. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #3 to Contract 94-03 (Blackhawk Road and Blue Cross Road) and authorize the Mayor and City Clerk to execute all related documents. 39 Agenda Information Memo September 20, 1994 City Council Meeting SWAC RESIGNATION/APPOINTMENT M. Accept Resignation of Cheryl Dusek from Solid Waste Ab tement Co fission, Recommend Appointment of Replacement --Enclosed on pages through is a memorandum from Communications/Recycling Coordinator Foote covering the resignation of Cheryl Dusek from the Solid Waste Abatement Commission. As outlined in the memorandum, the Commission currently includes as its alternate, Wally Wall of Knutson Rubbish. In the past, the Commission has included two hauler representatives as regular members and a citizen representative as an alternate. At the most recent Commission appointments, Mr. Wall was inadvertently appointed as the alternate leaving the Commission with one hauler as a regular member. It is staff's recommendation to reestablish the original representation of two hauler positions among the regular Commission members through the appointment of Mr. Wall to fill out Ms. Dusek's term. It is further recommended that the alternate position remain vacant for the remainder of the year and that it be filled during organizational business in early 1995. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Cheryl Dusek from the Solid Waste Abatement Commission and consider the appointment of a replacement to fill the remainder of her term. go DATE: JULY 21,1994 TO: JON HOHENSTEIN, ASSISTANT TO THE CITY ADMINISTRATOR FROM: JOANNA FOOTE, COMMUNICATIONS/RECYCLING COORDINATOR SUBJECT: RESIGNATION OF SOLID WASTE ABATEMENT COMMISSIONER Attached is a letter of resignation from Solid Waste Abatement Commissioner Cheryl Dusek. Cheryl has been unable to attend a majority of the Commission meetings so far this year and anticipates that the situation will not change for the balance of the year. I would like to recommend that Ms. Dusek's resignation be accepted and that she be replaced on the Commission by D. "Wally" Wall, who is the alternate on the Commission. Mr. Wall is familiar with all of the issues currently being discussed by the Commission, as he has been in attendance at all but one meeting this year. Also as 1 understand it, the Commission was originally designed to include members of the refuse hauling community, the Commercial sector and the residents within Eagan. Mr. Wall was previously appointed to the Commission to fill one of two seats designated to be filled by refuse haulers. In this last round of appointments, Mr. Wall was designated as an alternate, leaving only one regular Commissioner representing the refuse hauling community. Therefore, Appointing Mr. Wall to fill the vacant Commission seat through the remainder of Ms. Dusek's term, would bring the Commission make-up back into balance. Ms. Dusek's term expires in 1995. Please let me know If I can provide any further information regarding this issue. Communications/Recycling Coordinator g ( MEMO Cheryl Dusek 1341 Berry Ridge Rd. Eagan, MN 55121 (612) 452-1645 August 8, 1994 SWAG Ms. Joanne Foote City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 Joanne: have discovered that my travel and business schedule are seriously interfering with my ability to attend meetings of the SWAC. I realize that the interests of that commission are best served by regular attendance of the monthly meetings. Knowing that I cannot continue to fulfill that obligation, I wish to withdraw my membership on the commission. Sincerely, e.,(6_,,,,A,4-1.4.,„.k., Cheryl Dusek LI a Agenda Information Memo September 20, 1994 City Council Meeting DAKOTA COUNTY LAND FILL ABATEMENT GRANT N. Resolution Supporting Applicatio r Annua Landfill Abatement Grant Funds from Dakota County --Enclosed on pages through is a memorandum from Communica- tions/Recycling Coordinator Foote outlining the draft budget for the solid waste abatement program for 1995 and a resolution authorizing submittal of the grant application by the October 1 deadline. The City utilizes this annual funding source to cover its cost for recycling and solid waste abatement activities. They make up approximately one-third of the Communications/Recycling Coordinator position responsibilities. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution supporting application for annual landfill abatement grant funds from Dakota County as presented. MEMO — city of eagan DATE: JULY 12,1994 TO: JON HOHENSTEIN, ASSISTANT TO THE CITY ADMINISTRATOR FROM: JOANNA FOOTE, COMMUNICATIONS/RECYCLING COORDINATOR SUBJECT: 1995 SOLID WASTE RECYCLING BUDGET Budget estimates for the Solid Waste/Recyding Program are based on the Dakota County Solid Waste Landfill Abatement Grant for 1995 of $35,651; plus $1,320 from the County Spedal assistance grant fund and $1,300 in interest on investments. This primary Dakota County Grant funding is based on an allocation of a $5,000 base, plus $1.57/Household using the Metropolitan Council's housing figures from 1994. The grant funds are designated to provide promotional/educational materials, and to support some of the administrative costs of the program. The following information is a general breakdown of program elements that will be supported by County Dollars. Program Element Estimated $ Dakota County Grant $35,651. Dakota County Spedal Assistance Grant $ 1,320. Interest on Investments $ 1,300. Promotion/Education $18,501. Administration $17,150. Container Storage $ 1,320. Overall 1995 Program Budget $38,271. (Plus City contribution to Administrative cost not spedfied.) A budget detail, travel/conference expense report and revenues generated Information and is also attached. If you need additional Information regarding this budget, please let me know. Communications/Recycling Coordinator 6d SOLID WASTE/RECYCLING (117) BUDGET DETAIL PAGE / OF REVENUES 3358 Landfill Abatement Grants $35,651 Special Assistance Grants 1,320 3810 Interest on Investments 1,300 3880 Other Revenue 0 3980 Transfers In 0 TOTAL REVENUES $38,271 PERSONAL SERVICES 4130 Salaries & Wages - Temp TOTAL PERSONAL SERVICES PARTS & SUPPLIES 5,300 4210 Office Supplies General Supplies 300 $5,300 $300 4212 Office Small Equipment 300 300 4215 Reference Materials 100 100 4220 Operating Supplies 300 300 TOTAL PARTS & SUPPLIES $700 SERVICES & OTHER CHARGES 4330 Postage Newsletter Distribution General Postage 1,000 4,800 $5,800 4331 Telephone Service Long Distance Charges 100 0 4337 Personal Auto/Parking Personal Mileage 400 Parking 50 450 SOLID WASTE/RECYCLING (117) BUDGET DETAIL PAGE (2 OF 4340 General Advertising 1,062 1,062 4350 General Print & Binding 4 Newsletter Inserts 2,000 Recycling Brochures 8,189 Name Plates 100 Miscellaneous Printing 0 10,289 4396 Building Rental 1,320 4411 Conferences & Schools Software Classes Solid Waste Conferences 100 200 300 4412 Local Meeting Expense 1,000 1,000 4414 Dues and Subscriptions 200 4450 Other Contractual Services 0 TOTAL OTHER CHARGES AND SERVICES $20,421 CAPITAL OUTLAY 4570 Other Equipment 0 TOTAL CAPITAL $0 TRANSFERS OUT $11,850 TOTAL BUDGET PROPOSED $38,271 1994 BUDGET $38,271 PERCENT CHANGE 0.0% CITY OF EAGAN RESOLUTION ANNUAL LANDFILL ABATEMENT GRANT REQUEST DAKOTA COUNTY WHEREAS, the City of Eagan is eligible for Annual Landfill Abatement Grant Funding of a $5,000 base plus $1.58 per Household totaling $35,651.00, from Dakota County, and WHEREAS, the City of Eagan uses these funds to assist in administration of the Citywide Recycling program, THEREFORE, BE IT RESOLVED that the City of Eagan will submit application requesting $35,651 from Dakota County Landfill Abatement grant funds for 1995. BE IT FURTHER RESOLVED that Finance Director Gene VanOverbeke, Assistant to the City Administrator Jon Hohenstein and Communications/Recycling Coordinator Joanna Foote become the authorized agents for the grant request. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Motion made by: Seconded by: Those in favor: Those against: Dated: Its Clerk CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do Hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 1994. E.J. VanOverbeke, City Clerk City of Eagan Agenda Information Memo September 20, 1994 City Council Meeting RESOLUTION APPROVING STATEMENT OF PURPOSE MEADOW AND WOODLAND ESTABLISHMENT O. Resolution Approving Statement of Purpose in Connection with the Turfgrass, Meadow and Woodland Establishment and Maintenance Ordinance --At the August 16, 1994 City Council meeting, an ordinance was approved amending section 10.21 of the City Code regarding regulation of turfgrass, meadow and woodland establishment and maintenance. During the preparation of the ordinance, the City Attorney's office removed a considerable amount of the background and philosophical material from the ordinance itself and incorporated it into the above referenced supporting resolution. Since the previous City Council action references the approval of the ordinance but makes no mention of the resolution, it is necessary to specifically approve the resolution. That aFtion nwhat .eing requested at this time. A copy of the resolution is enclosed on pages ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Resolution Approving Statement of Purpose in connection with the Turfgrass, Meadow and Woodland Establishment and Maintenance Ordinance. 0 CITY OF EAGAN RESOLUTION APPROVING STATEMENT OF PURPOSE IN CONNECTION WITH ORDINANCE NO. 2ND SERIES A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on 1994, at 6:30 p.m. WHEREAS, The City Council finds that there are a variety of landscapes in the City which add diversity and richness to its quality of life. Certain areas in the City have been allowed to return to a natural condition following development. These have been accepted by the vast majority of City residents as appropriate and as part of the unique quality of life in the community. There are community expectations, however, that once an area has been disturbed, landscaped, or otherwise maintained, that the area will continue to be maintained in a consistent manner. When vegetation in that area is not consistently maintained, it becomes aesthetically unpleasing and violates community standards. Property which appears neglected may decrease the value of adjacent properties. In addition, if vegetation is not properly maintained, there may be the following adverse impacts on public health, safety, and welfare: a. Undesirable vegetation such as common buckthorn, quackgrass, and other weeds may invade and threaten to supplant other more desirable vegetation. b. Vegetation which causes allergic reactions, such as ragweed, may develop, and c. Tall vegetation may impair visibility when entering or exiting public roads, driveways or trails. The City Council finds that it is in the public interest to allow property owners to choose the type of landscaping on their properties and to make changes in that vegetation. The Council finds that the establishment of turfgrass, meadow or woodland plant communities on one's property is an acceptable landscape treatment in the City. As a protection for the larger community, however, this change in vegetation must be properly established, managed, and maintained and the period of the transition must be minimized. This requires special consideration because weeds may grow during the first few years of transition before the new vegetation predominates. Therefore, the Council finds that this type of vegetation is acceptable if it is properly maintained to shorten the transition period and if notice is given of the intended result. WHEREAS, the City Council further finds that the attached ordinance balances the public interest in a variety of vegetation with the public need to ensure proper maintenance of that vegetation. NOW, THEREFORE, BE IT RESOLVED that City of Eagan, Dakota County, Minnesota, hereby adopts the foregoing statement in support of its enactment of the attached ordinance adopted on this date. Dated: , 1994. CITY OF EAGAN Thomas A. Egan, Mayor ATTEST: E. J. VanOverbeke, Clerk Motion made by: Seconded by: Those in Favor: Those against: Agenda Information Memo September 20, 1994 City Council Meeting APPROVE 1994 GENERAL FUND BUDGET ADJUSTMENTS P. Approve 1994 General Fund Budget Adjustments --To simplify both the accounting and budgeting processes, the City currently makes no attempt to estimate donations, transfer from the Police Forfeiture Fund and similar types of revenue sources. The revenues and related expenditures are uncertain and fluctuate widely depending on eligible projects and donors. Staff has instituted a substitute process whereby the budget is formally amended by the City Council when revenues are known and related expenditures are made. The memo enclosed on pages S1 and 53 includes seven (7) adjustments. These adjustments increase the 1994 general fund budget by $ from $ to $ ACTION TO BE CONSIDERED ON THIS ITEM: To approve the adjustments to the 1994 general fund budget. DATE: TO: FROM: SUBJECT: MEMORANDUM September 8, 1994 Gene VanOverbeke, Finance Director/City Clerk Tom Pepper, Assistant Finance Director 1994 General Fund Budget Adjustments The following line item adjustments for approval by the City Council: 1) 3980-9001-00 3340-9001-00 4411-0152-11 4350-0152-11 4330-0152-11 4331-0152-11 4220-0152-11 4226-0152-11 Transfer In State Grants Training General Printing Postage Telephone Operating Supplies Public Safety Suppl to the 1994 budget should Current Budget $140,100.00 - 0- 55,600.00 - 0- 3,900.00 30,500.00 7,000.00 14,700.00 Increase (Decrease) $ 6,000.00 12,100.00 16,200.00 300.00 300.00 300.00 500.00 500.00 be considered Amended Budget $146,100.00 12,100.00 71,800.00 300.00 4,200.00 30,800.00 7,500.00 15,200.00 This adjustment reflects the $12,056.13 Community -Oriented Policing Grant obtained through the MN Dept of Public Safety. The grant requires a City match of $6,029.87, which will be funded via a transfer from the Police Forfeiture fund. 2) 3850-9001-00 Contribs/Donations -0- 1,000.00 1,000.00 4560-8007-07 Office Equipment 400.00 1,000.00 1,400.00 This adjustment reflects a donation from Dakota creating an economic development database. 3) 3850-9001-00 Contribs/Donations 1,000.00 4580-0174-12 Mobile Eq (Safety Trlr) -0- 4220-0161-11 Supplies (D.A.R.E.) 7,500.00 Electric to assist in 200.00 100.00 100.00 This adjustment reflects a donation from Rosemount VFW 4) 4570-0176-12 Other Equipment 4383-0176-12 Building Repair -Labor 4410-0170-12 Miscellaneous 4220-0171-12 Operating Supplies 20,600.00 11,500.00 1,000.00 2,000.00 1,200.00 100.00 7,600.00 Gambling fund. 1,100.00 21,700.00 (500.00) 11,000.00 (300.00) 700.00 (300.00) 1,700.00 This adjustment reflects the Fire Dept's decision to purchase making machine to keep beverages cold at the site of fires. an ice Budget Adjustments September 8, 1994 Page 2 Current Budget 5) 4130-8031-31 Sal/Wages-Temp $ 255,000.00 3920-9001-00 Other Reimbursemt 1,500.00 Increase (Decrease) $ 200.00 200.00 This adjustment reflects City staff time billed back Athletic Assn. for travel baseball concessions. 6) 3426-9001-00 Dev Escrow Reimb 4840-8021-21 Merch for Resale Amended Budget 255,200.00 1,700.00 to the Eagan 13,800.00 800.00 14,600.00 -0- 800.00 800.00 This adjustment reflects the purchase of signs that the City will require developers to post in ponding areas. Developers will in turn reimburse the City for the signs. 7) 4530-8032-32 Other Improvements 3850-9001-00 Contributions 17,400.00 1,200.00 400.00 400.00 17,800.00 1,600.00 This adjustment reflects a donation from Lutheran Brotherhood for a landscaping project at Northview Park. The net effect of these adjustments is to increase the total expenditures of the amend =d 1994 General Fund budget by $20,700 from $13,501,600 to $13,522,30L. Assistant Hance Director \budadj94 Agenda Information Memo September 20, 1994 City Council Meeting RESOLUTION/ON-SALE LIQUOR LICENSE SPECIAL LEGISLATION Q. Resolution Approving the On -Sale Liquor License Special Legislation --The legislation requested by the City to increase the number of available on -sale liquor licenses contains a clause requiring a City Council Resolution approving the a slation in der for the chapter to become law. The Resolution enclosed on pages 5 through .S 6 will fulfill that requirement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Resolution approving the on -sale liquor license special legislation. s $ CITY OF EAGAN RESOLUTION A RESOLUTION APPROVING SPECIAL LEGISLATION AUTHORIZING ADDITIONAL ON -SALE INTOXICATING LIQUOR LICENSES WHEREAS, Minnesota Laws, Ch. 611, Section 32, 1994 authorize the City of Eagan to issue not more than three on -sale intoxicating liquor licenses in addition to the number authorized by Minnesota Statutes, section 340A.413; and WHEREAS, Minnesota Laws, Ch. 611, Section 35 make Ch. 611, Section 32 effective on approval by the Eagan City Council and compliance with section 645.021, subdivision 3; and WHEREAS, the City Council finds that Minnesota Laws, Ch. 611, Section 32 will benefit the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eagan that the authorization granted to the City of Eagan by Minnesota Laws, Ch. 611, Section 35 is hereby approved; and BE IT FURTHER RESOLVED that the City Clerk be directed to file a certificate of approval and a copy of this resolution with the Secretary of State. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing proclamation was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of September, 1994. E.J. VanOverbeke, City Clerk City of Eagan S (0 Agenda Information Memo September 20, 1994 City Council Meeting RESOLUTION/SPECIAL SERVICE DISTRICT SPECIAL LEGISLATION R. Resolution Approving the Special Service District Special Legislation --The legislation requested by the City to authorize Special Service District #1 (Cedarvale Area) requires the City to approve the legislation by Resolution before it can become law. The Resolution enclosed on pages 'SS through S will fulfill that requirement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Resolution accepting the powers to establish Special Service District #1. 5'I CITY OF EGAAN RESOLUTION A RESOLUTION ACCEPTING THE POWERS TO ESTABLISH SPECIAL SERVICE DISTRICT #1 WHEREAS, Minnesota Laws, Ch. 587, Article 9, Sec. 6 1994, authorize the City Council of Eagan to exercise all the powers necessary to establish a special service district, pursuant to Minn. Stat. Ch. 428A; and WHEREAS, Minnesota Laws, Ch. 587, Article 9, Sec. 6 1994, is effective the day after approval by the City Council, pursuant to Minn. Stat. *645.021, Subd. 3; and WHEREAS, the City Council finds that Special Service District #1 will benefit the City of Eagan. Minnesota: NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eagan, 1. That the powers to establish Special Service District #1 granted to the City of Eagan are hereby approved. 2. That the City Clerk is directed to file a certificate of approval and a copy of this Resolution with the Secretary of State. Motion made by: Seconded by: Those in favor: Those against: Dated: stP CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing proclamation was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of September, 1994. E.J. VanOverbeke, City Clerk City of Eagan Agenda Information Memo September 20, 1994 City Council Meeting FINAL SUBDIVISION APPROVAL/TRAILS END S. Final Subdivision Approval, Trails End --Review of the final subdivision documents have been completed and the development contract has been drafted for the final subdivision for Trails End. Requisite financial guarantees have also been provided. Final approval of this subdivision would therefore be in order. Enclosed on page G( is a copy of the final plat as it appears for recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To give final subdivision approval to Trails End. (2D 38 is 3 2 12 1L 1 1 2 r. 23 it .2 2; F 2 ;222 ►wlsls11 usp ►ul! 3`. 44, 3 000OJ401 1110► 104 111► 1101 3 fo 2 i 2 333 i3 3 .r)x.s-v 1-3 1 ( ,aN .\\4 \\ y!• 00 1 .3a5 . L WV IT uau r — 14 SC - 371 I ;1 1' '1 L_o,F _, a a 8 N Bl I8 8I L _ _ r / �a //, A • J 0,-!- 1 12 WV' Lir 21 nr 1 • '1 °C0_03'- IK CS ar a .. 111 8 : 18 8I L — Fnn — r.x rxl s TRA; L! E4D ROAD E 1tiff 1t t" rn 1 2 I Z Co( Agenda Information Memo September 20, 1994, City Council Meeting VACATION (BIRCH STREET) T. Vacate Public Right -of -Way, Receive Petition/Order Public Hearing (Birch Street)— The staff has received a petition to vacate that portion of Birch Street between Wescott Hills Drive and the proposed Red Oaks Addition to the east. The vacation of this public right-of-way is necessary to accommodate the proposed Red Oaks Addition final plat concept. All application materials have been submitted, reviewed by staff and found to be in order for Council's consideration of scheduling a public hearing to formally present and discuss any concerns associated with this petition. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate a portion of Birch Street and schedule a public hearing to be held on October 18, 1994. Agenda Information Memo September 20, 1994, City Council Meeting 'ILIC HEARINGS • ............................................................... FINAL ASSESSMENT HEARING (CEDAR GROVE - STREET RECONSTRUCTION) A. Project 662, Final Assessment Hearing (Cedar Grove - Street Reconstruction) - To Be Continued to 10-4-94 Meeting --On April 19, 1994, the City Council received the final assessment roll for the above -referenced project and set the final assessment hearing be scheduled for September 20, 1994. Due to an oversight in the publication and mailed notice for this public hearing, this item should be rescheduled for a public hearing to be held on October 4 to ensure compliance with the notification process of this special assessment project. Notices have been sent to all property owners informing them of the October 4 public hearing where this assessment roll will be presented for formal discussion. ACTION TO BE CONSIDERED ON THIS ITEM: To reschedule the final assessment hearing for Project 662 (Cedar Grove - Street Reconstruction) to October 4, 1994. Co 3 Agenda Information Memo September 20, 1994 City Council Meeting V' SIN SS ............................ ............................ ............................ RECONSIDERATION/CONDITIONAL USE PERMIT/NATIONAL PROPANE COMPANY A. Reconsideration of Conditional Use Permit for National Propane Company—At its meeting of September 6, 1994, the City Council considered the conditional use permit request by National Propane Company to allow outdoor storage of a propane dispenser at the SuperAmerica Station at the corner of Yankee Doodle and Pilot Knob Roads. After rather extensive discussion, the City Council voted to approve the conditional use permit subject to several conditions, including #4, "The fence shall be 6 feet high, constructed of brick and three -sided with a partial fourth side on each end, subject to approval by the Fire Marshal and located no less than 4 feet from the propane tank." Community Development Director Reichert discussed this condition with the Fir�Marshal, Dale Wegleitner, following the City Council meeting. Enclosed on pages p I through (.r? is a memo from the Director of Community Development with an attachment from Fire Marshal Wegleitner relating to this issue. In addition, the Community Development Director felt it should be pointed out to the City Council that the dispenser is also proposed to be located within the required landscape setback area. She felt that these two issues should be brought to the attention of the City Council in the event that the Council would wish to reconsider its action on this conditional use permit request. According to Roberts Rules of Order, to reconsider an item will require a motion by a member who voted in favor of the original motion. Since the City Council supported the original motion unanimously, it would appear that simply approving the agenda with reconsideration of this item indicated, would constitute replacing this item on the agenda. The applicant has been notified that this matter may be discussed again by the City Council on September 20. The Planningmi ossion u s and the original case report on this item are also enclosed on pages .P0 throughn ACTION TO BE CONSIDERED ON THIS ITEM: 1) To approve or deny reconsideration of the previous action on the conditional use permit for National Propane Company; and 2) to approve or deny the conditional use permit subject to the conditions set forth previously by the City Council or as amended. („4 MEMO city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PEGGY REICHERT, COMMUNITY DEVELOPMENT DIRECTOR DATE: AUGUST 8, 1994 SUBJECT: CONDITIONAL USE PERMIT NATIONAL PROPANE At the September 6, 1994 City Council meeting, a conditional use permit was approved to allow National Propane Corporation to place a 1,000 gallon propane dispenser at the SuperAmerica located at the corner of Yankee Doodle and Pilot Knob Roads. Council approval was subject to screening on 3+ sides with a 6 foot brick wall to be further approved by the Fire Marshal. In following up this conditional use permit, we have encountered two issues. The first issue relates to the brick wall and the general safety of the propane dispenser. A memorandum from the Fire Marshal, Dale Wegleitner, is attached. Essentially, the Fire Marshal is recommending that a dispenser tank not be approved, but that the City encourage the cylinder exchange program as a substitute. The second issue is that the staff report failed to point out that the area in which the propane dispenser is proposed to be located is within the existing required landscape setback area. Item G of the required standards for outside storage states, 'The items to be stored shall not take up required parking spaces or landscape areas." Some of the other requirements on outside storage could not be met because the tank cannot be fully enclosed and attached to the existing building; however, standard G could be met if the applicant chose to locate outside storage in other locations on the site. Given this additional information related to safety issues and basic setback issues, it would be appropriate for the City Council to be given an opportunity to further consider this proposal at the City Council meeting of September 20. We can provide further information if needed. Thank you very much. J - F Director of Community Development Attachment PR/vmd c MEMO city of eagan DATE: September 8, 1994 TO: Mayor Egan and Councilmembers FROM: Fire Marshal Dale Wegleitner SUBJECT: SUPERAMERICA PROPANE TANK This memo is in regard to SuperAmerica's propane tank. It was brought to my attention that a three -sided brick wall was to be installed around this tank. This is not permissible under Minnesota Uniform Fire Code, Sec. 3-2.2.8: "3-2.2.8 Structures such as fire walls, fences, earth or concrete barriers and other similar structures shall be avoided around or over installed nonrefrigerated containers. Exception No. 1: Such structure partially enclosing containers are permissible if designed in accordance with a sound fire protection analysis. Exception No. 2: Structures used to prevent flammable or combustible liquid accumulation or flow are permissible in accordance with 3-2.2.6(c). Exception No. 3: Structures between LP -Gas containers and gaseous hydrogen containers are permissible in accordance with 3-2.2.6(f). Exception No. 4: Fences are permissible in accordance with 3-3.6. 1. NOTE: The presence of such structures can create significant hazards, e.g., pocketing of escaping gas, interference with application of cooling water by fire departments, redirection of flames against containers, and impeding egress of personnel in an emergency." Below is some background on why the fence on two sides was requested: • The basket -weave fence was requested only for screening of the tank from Pilot Knob and Yankee Doodle. It has nothing to do with safety or protection to the tank. Post bollards were called out per Code to protect the tank on all sides from vehicles. I feel that any type of wall or fence would hinder the City Fire Department if a fire were to break out. A 1,000 -gallon tank will contain approximately 80% of product in its liquid state, i.e., 800 gallons liquid. When released into the air, it can produce 245-275 gallons of gas per gallon of liquid (196,000-220,000 gal. of gas) which could lead to open air explosion. Propane is heavier than air by 1.5 to 2 times, so pooling or collecting in low areas is a high possibility. Also, in the past few years since the exchange program for propane cylinders has started, the Fire Department has responded to less calls on propane leaking. In most cases when we are called, it is the relief valve letting off gas and most of the time they had been filled at a gas station one or two days previously. Also, the person filling the tank should be aware that tanks need to be recertified. After 12 years from manufacture they need to be tested and then again 5 years after that to make sure the tank is in good condition. In closing, I would recommend that the exchange program be looked at very seriously, not only at this site but in further sites that arise. The program is safer and has more control built into it. Filling and the recertifying of tanks is done by trained personnel who do this every day. FI\MSuperAm.DW PAGE 5/ADVISORY PLANNING COMMISSION MINUTES August 23, 1994 CONDITIONAL USE PERMIT NATIONAL PROPANE COMPANY Voracek opened the next public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage of a propane dispenser on Lot 1, Block 1, SuperAmerica Addition (P.I.D. 110-72990-010-01) located at the SW corner of the intersection of Pilot Knob Road and Yankee Doodle Road in the NE; of Section 16. Project Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in the City staff's planning report dated August 17, 1994, noting the proposed location of the propane dispenser with respect to the existing building, gas pumps, and fencing, the proposed enclosure or fencing for the propane dispenser, and the Minnesota Fire Code regulations for propane dispensers. Ms. Tyree noted that due to the Minnesota Fire Code regulations, the applicant is unable to meet at least seven of the nine required outdoor storage standards. Two representatives of the applicant were present for questions and presented to the Commission photographs of the proposed propane dispenser. In response to Chairman Voracek's question, Ms. Tyree advised the Commission that the propane dispenser would be fenced on its north and east side which is the Yankee Doodle Road and Pilot Knob Road corner. She further explained that the proposed landscape around the fence would be shrubbery without significant rooting systems as required by the Minnesota Fire Code. Ms. Tyree further explained that because the Minnesota Fire Code does not permit a propane dispenser to be within an enclosure, the first seven standards for an outdoor storage permit regarding enclosure requirement cannot be met in this case. Member Merkley stated that the outdoor storage ordinance was enacted to provide standards for outdoor storage. Merkley further stated that if the City is going to have an outdoor storage ordinance, then it must enforce it and require that all outdoor storage standards be met before a permit is issued. Member Wallace expressed concern over the public health and safety, citing the high traffic intersection of Yankee Doodle and Pilot Knob Roads. In response to Member Segal's inquiry, Ms. Tyree clarified which outdoor storagestandard would not be met by the proposed propane dispenser, citing Condition No. A, B, C, D, E, F, and H (not applicable). Member Merkley stated that he objects to the approval of conditional use permit on the grounds that the proposed propane dispenser is not compatible with the use and appearance of the Yankee Doodle/Pilot Knob intersection. PAGE 6/ADVISORY PLANNING COMMISSION MINUTES August 23, 1994 Heyl moved, Isberg seconded the motion to deny the request for conditional use on the grounds that it does not meet all of the outdoor storage standards and Item C of the general conditional use permit standards. All approved in favor. c�q PLANNING REPORT CITY OF EAGAN REPORT DATE: August 17, 1994 CASE #: 16 -CU -8-6-94 APPLICANT: National Propane Corporation HEARING DATE: August 23, 1994 Great Plains Gas PROPERTY OWNER Super America PREPARED BY: Shannon Tyree REQUEST: Conditional Use Permit - Outdoor Storage LOCATION: Lot 1, Block 1, SuperAmerica Addition COMPREHENSIVE PLAN: CPD - Commercial Planned Development ZONING: GB -General Business SUMMARY OF REQUEST National Propane Corporation has requested a Conditional Use Permit to allow the outdoor storage of a 1000 gallon propane dispenser at Lot 1, Block 1, SuperAmerica Addition, located at the SW corner of the intersection of Pilot Knob and Yankee Doodle Roads. AUTHORITY FOR REVIEW; REQUIRED FINDINGS: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. '1 o Planning Report - C.U.P. - National Propane Corporation August 23, 1994 Page 2 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. ADDITIONAL FINDINGS FOR OUTSIDE STORAGE A. Outdoor storage items shall be placed within an enclosure. B. All such enclosures shall be attached to the principal building except in the Limited Industrial District. C. The enclosure shall be made of materia] suitable to the building and the items to be stored. D. The enclosure shall not encroach into any established front building setback area or other required setbacks. E. The enclosure shall not interfere with any pedestrian or vehicular movement. F. The items to be stored shall not exceed the height of the enclosure. G. The items to be stored shall not take up required parking spaces or landscaped areas. H. The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. I. The square footage of outdoor display areas shall be included in the calculation of required off street parking for the principal use of the property. EVALUATION OF REQUEST; Surrounding Uses. The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - South - East - West - Unisys Addition; zoned RD; guided R&D. Al Baker's Restaurant: zoned PD; guided CPD. Yankee Doodle Road and I -35E interchange Firststar Bank, Amaco Gas Station; zoned PD; guided CPD. Planning Report - C.U.P. - National Propane Corporation August 23, 1994 Page 3 On-site Improvements; The applicant is proposing to locate a 1000 gallon propane dispenser on the east side of the Super America gas station located at the SW corner of Yankee Doodle and Pilot Knob Roads. The dispenser will be located approximately 75' from the nearest edge of the building, 60' from the nearest portion of the gas pumps and 15' from the existing fence that is located on the east side of the property. Bollards will be located around the dispenser, for protection. The site plan will need to be revised to show more clearly the bollards located in front of the propane tank. Parking will not be permitted in front of the tank for 20' on either end of the tank. "No parking" signs will be required and pavement markings identifying this will be required in front of the no parking area. The applicant is proposing a cedar, basket weave fence on three sides of the tank and landscape around the fencing. The City's Fire Marshal has reviewed this site plan for its conformance to the state fire code. Based on his recommendations the fence must be at minimum 4' from the tank and would prefer the fence to be two sided ( along Pilot Knob Road and Yankee Doodle Road sides) The propane dispenser must meet the State of Minnesota Uniform Fire Code which would not permit the enclosure to be located attached to the building. In addition, the MN Uniform Fire Code states that "structures such as fire walls, fences, earth or concrete barriers, or similar structures shall be avoided around or over - installed nonrefrigerated containers." The two sided fence would be permissible. No signs shall be permitted on the fence. The City does not have any publically maintained sanitary sewer, water main or storm sewer lines within 100' of the proposed propane dispenser. SUMMARY/CONCLUSION The proposed Conditional Use Permit substantially meets the listed required standards as described on pages 1 and 2 of this planning report. The proposed propane dispenser is required to meet all of the MN Uniform Fire Code requirements. In doing so, it is unable to meet all of the criteria and findings established for Outdoor Storage by Businesses. ACTION TO BE CONSIDERED To approve or deny the requested Conditional Use Permit to permit the outdoor storage of a 1000 gallon propane dispenser on Lot 1, Block 1, SuperAmerica Addition. Planning Report - C.U.P. - National Propane Corporation August 23, 1994 Page 4 If approved this Conditional Use Permit shall be subject to the following conditions: 1. This Conditional Use Permit shall be recorded with Dakota County within 60 days of its approval with documentation supplied to the City. 2. All State of Minnesota Fire Codes shall be complied with. 3. All landscaping shall be in conformance with Chapter 11. Subd. 15. Landscaping. 4. The 6' cedar fence shall be two sided (along Pilot Knob and Yankee Doodle Roads) and located no less than 4' from the propane tank. 5. The site plan shall be revised to reflect the "no parking" sign locations and the no parking pavement marking area. 6. The site plan shall be revised to more clearly identify the bollards around the entire propane dispenser. 7. No signage shall be permitted on the fence. S. The cedar fence shall not be painted a color other than an earth tone neutral color. �7 FINANCIAL OBLIGATION - 16 -CU -8-6-94 Lot 1, Block 1, Superamerica There are pay-off balances of special assessments totaling $0 on the parcel for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the use of the property, the following charge is proposed. The charge was computed using the City's current fee schedule and connection and availability of the City's utility system. Improvement None Use Rate Quantity Amount a This financial obligation is presented for informational purposes and is not a condition of the issuance of the permit. 7 •VL SA - CUP FOR NATIONAL PROPANE er 11 SN' I• Lc� ■ SK LINE RD [ EXitiGTCln SW CALK ' 'ff q� S7f !1 Nr2 ':r4 OA. -t Oa.LW TR RAPINE nTM •" 4 J.• 2:4 LONE OAK RD Ne 26 s (Co Rt . 261 —1'I - •L MA. To OLIARRr S_ PARK 1- TAMARAC WE ITN. 2. MRCN PT SE 1. NLTIKr ►T. 4 -'Mr Loa T 5- IRONWOOD LN 6- REDWOOD IT 7 • SRRIICI ►T t YANK, 000DLL ROAD A ; 'LAIC + RI WATER ••••••••' • TREArYEIvr fACIL irr CVT r WANT PACLL lr r CENTRE O'LEARY PARR tpy CARR/AGE NW WILLS SOL, COURSE C 31 IDa ENGLE IRE DEPT. COMM V �• QLt *E SCOTT (t 0 5050 NI S Rr *way P<'( M PAF, nem CRSNE U. OLEN DIrMLET 8620 \LAK'( ' qty RL EL, }ypy / '/ — TRCW.IT RbG OR LOCATION SA. - CUP FOR NATIONAL PROPANE ZONING Co GUIDE PLAN SA - CUP FOR NATIONAL PROPANE AREA MAP Agenda Information Memo September 20, 1994 City Council Meeting PRELIMINARY PLAT/BEST BRANDS INC. A. Preliminary Plat, Best Brands Inc., of one lot on 16.75 acres located along the west side of T.H. 13 and the north side of Yankee Doodle Road --Best Brands Inc. is requesting approval of a preliminary plat to join parcel 10-00800-011-76 to their existing plat. Future expansion will be handled through building permit and site plan review. The Advisory Planning Commission conducted a public hearing on this proposal at its meeting of August 23, 1994. The applicant was not present and no persons from the public were present for comment. The APC is recommending approval of this pre1' ,}nary plat subject to the eight conditions set forth in their minutes. Enclosed on pages tU through c" are copies of the APC minutes of August 23, 1994 and the Community Development De artment staff report regarding this item. The City Council should note that this request from Best Brands is not to create a new subdivision, but to consolidate lots into one and is therefore really a replat of existing lots of record. As such, City subdivision requirements, including park dedication and water quality fees, may not be required. In terms of park dedication and trail dedication fees, these requirements are usually collected on industrial property at the time of construction. Therefore, if these lots that are being replatted were created after the City's subdivision regulations were adopted, development on these lots will be subject to the cash dedications. However, it is clear that these lots were in existence prior to the City's establishment of water quality requirements; therefore, cash dedication will not be imposed on this replat. All the other conditions on this replat are simply notification to the property owner that certain requirements related to the City's zoning code and building code will be in effect at the time of building permit review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat for Best Brands, consisting of one lot on 16.75 acres located along the west side of Trunk Highway 13 and the north side of Yankee Doodle Road in the southeast quarter of Section 8 subject to the conditions set forth in the minutes of the Planning Commission with the exception of Conditions #2, #3 and #4. 'i9 PAGE 11/ADVISORY PLANNING COMMISSION MINUTES August 23, 1994 PRELIMINARY PLAT BEST BRANDS SECOND ADDITION Voracek opened the first public hearing of the evening regarding a Preliminary Plat of one lot on 16.75 acres (P.I.D. #'s 10-13830-010-01 and 10-00800-011-76) located along the west side of Trunk Highway 13 and the north side of Yankee Doodle Road in the SE; of Section 8. Project Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in the City staff's planning report dated August 17, 1994, noting the background and history of the applicant, Best Brand, Inc., the subject property's existing conditions, compatibility with surrounding area, the proposed site plan, and the storm drainage, water quality, utility, and access/street issues. Ms. Tyree concluded that the proposed Preliminary Plat substantially meets the requirements of the City Code. The applicant was not present and no persons from the public were present for comment. Wallace stated that the subject property is well suited for the proposed use and thus recommends approval of the Preliminary Plat. Wallace moved, Heyl seconded, a motion to recommend approval of the Preliminary Plat of one lot. on 16.75 acres (P.I.D. #'s 10-13830-010-01 and 10-00800-011-76) located along the west side of Trunk Highway 13 and the north side of Yankee Doodle Road in the SE; of Section 8, subject to the following conditions: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council action on February 2, 1993: Al, B1, B3, Cl, El, F1, G1 and H1. Parks. Recreation 2. This plat shall be subject to a cash parks dedication. 3. This plat shall be subject to a cash trails dedication. PAGE 12/ADVISORY PLANNING COMMISSION MINUTES August 23, 1994 Water Quality 4. This plat shall be responsible for a cash dedication in lieu of on-site ponding. A cash dedication will be calculated each time a building permit application for the site is being considered by the City and the cash dedication fee will be calculated at the time of building permit issuance. Grading 5. A grading, drainage and erosion control plan shall be submitted with the building permit application. 6. The Developer will be responsible for abandoning all wells and septic systems according to the City and County requirements. Utilities 7. A sanitary sewer and water main layout plan shall be submitted with the building permit application. Tree Preservation 8. A tree preservation plan shall be submitted with the building permit application. All approved in favor. PAGE 13/ADVISORY PLANNING COMMISSION MINUTES August 23, 1994 DISCUSSION ITEMS The Commission continued their discussion from the July 26, 1994, Advisory Planning Commission meeting on the roles and duties of the Commission members. The Commission agreed to create a subcommittee to review and submit a report to the Advisory Planning Commission on this issue. Member Wallace, Member Isberg and Alternate Member Seidel volunteered to sit on the subcommittee. Specifically, the subcommittee is asked to review and establish a long-term plan to help guide the APC on the City planning issues. It was decided by the Commission that the subcommittee will meet within seven to ten days, prepare a draft report and circulate it among the Commission members, City department heads, and City staff. City Attorney Dougherty advised the Commission of the 1994 legislative enactment regarding the prohibition of city officials and officers to receive gifts from third parties. ADJOURNMENT Heyl moved, Isberg seconded, the motion to adjourn the August 23, 1994, Advisory Planning Commission meeting at 8:40 p.m. All present voted in favor. Secretary - Eagan Advisory Planning Commission (;- PLANNING REPORT CITY OF EAGAN REPORT DATE: August 17, 1994 CASE: 8 -PP -27-7-94 APPLICANT: Best Brands, Inc. HEARING DATE: August 23, 1994 PROPERTY OWNER Best Brands ,Inc. PREPARED BY: Shannon Tyree REQUEST: Preliminary Plat - Best Brands Second Addition LOCATION: SE 1/4 of Section 8 COMPREHENSIVE PLAN: IND - Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST Best Brands has applied for a Preliminary Plat of 1 lot on 16.25 acres zoned Limited Industrial located north of Yankee Doodle Road and west of Trunk Highway 13 in the SE 1/4 of Section 8. AUTHORITY FOR REVIEW City Code Section 1320 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto:" A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of the development. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. g3 Planning Report - Best Brands 2nd Addition August 23, 1994 Page 2 F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUND/HISTORY Best Brands, Inc. has been located in Eagan for approximately 18 years and employs 200 people. The company manufactures and warehouses bakery ingredients. Best Brands, Inc. growth has been steady. Space needs have been accommodated with a number of building additions and the acquisition of an existing building the company had been leasing. This building and corresponding property was incorporated with their existing property which was all platted in 1990 as Best Brands Addition. EXISTING CONDITIONS Best Brands is located east of Terminal Drive, west of Highway # 13, and north of Yankee Doodle Road. The 7.63 acre Best Brands Facility is comprised of approximately 125,000 s.f. of buildings. The developer has purchased the 9 acre site that lies easterly of the existing site. The 9 acres are lightly wooded and contains a farmhouse and barns. 3)z Planning Report - Best Brands 2nd Addition August 23, 1994 Page 3 COMPATIBILITY WITH SURROUNDING AREA The entire area west of Highway #13 is guided IND - Industrial in the City's Plan. The proposed site is located within an industrial area where manufacturing and warehousing is commonly associated with the types of uses present within this zoning district. The existing use as a bakery ingredient manufacturer and warehouse is permitted. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - South - East - West - Sibley Terminal Industrial Park; zoned I-1; guided IND. R.L. Johnson 2nd Addition; zoned I-1; guided IND. Valley Lounge and Blue Cross Blue Shield; zoned I-1; guided LB. Sibley Terminal Industrial Park; zoned I-1; guided IND. EVALUATION OF REQUEST A. Introduction. The purpose for the preliminary plat is to allow Best Brands to adjoin parcel 10-00800-011-76 to their existing plat (Best Brands Addition). Future expansion will be handled through building permit and site plan review. B. Preliminary Plat. Las The preliminary plat shows one lot on 16.75 acres. Setbacks. The proposed platting will be allow the development of a future building that will be in conformance with I-1 setback requirements Tree Preservation, No immediate development is proposed with the platting of this development. However, when the developer decides to apply for a building permit, a tree preservation plan will be submitted and reviewed at that time. Grading/ Wetlands, The developer does not intend to do any grading with this application. A grading, drainage and erosion control plan will be required to be submitted with the building permit application. The developer will be responsible for abandoning all wells and septic systems according to the City and County requirements. There are no jurisdictional wetlands located within the proposed development. Storm Drainage/Water Ouality. Storm water runoff from this area drains to Pond CP - 8, which is classified as a stormwater basin on the City's Water Quality Management Plan. Planning Report - Best Brands 2nd Addition August 23, 1994 Page 4 This plat shall be responsible for a cash dedication in lieu of on-site ponding. A cash dedication will be calculated each time a building permit application for the site is being considered by the City and the cash dedication fee will be calculated at the time of building permit issuance. A 36" storm sewer line is located in between the existing and future building. The developer is exploring the idea of routing the existing storm sewer line around the future building to allow the new building to be built adjacent to the existing building. Utilities An existing 30" sanitary sewer and an 8" water line are located in between the existing and future building. The developer is also exploring the option of re-routing the existing sanitary sewer and water lines around the future building expansion. The developer would be responsible for all costs associated with re-routing these lines. Access/Street Design. The future parking lot expansion will be required to be constructed to City standards . No access will be allowed to Highway #13. Easements/Rights of Way/Permits. If the developer chooses to reroute the existing utility lines around the future building expansion, then the existing easements could be vacated and new easements dedicated on the final plat. Parks and Recreation. The Parks and Recreation Commission met August 15, 1994 regarding this item and was scheduled as a consent item on the agenda. The only discussion which occurred was a question about when a tree preservation plan would be necessary. The developer identified significant trees as a part of this plat submission and will be required to formally submit plans for the building permit application whenever that occurs. SUMMARY/CONCLUSION The request for a Preliminary Plat appears to substantially meet the findings as set forth in Section 13.20 Subd. 6, as outlined on pages 1 and 2 of this planning report. ACTIONS TO BE CONSIDERED 1. To approve or deny the requested preliminary plat for Best Brands Second Addition for one lot on 16.75 acres. If approval of the plat is recommended it shall be subject to the following conditions: Standard Condition$ 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B3, Cl, El, Fl, 01, and H1. Planning Report - Best Brands 2nd Addition August 23, 1994 Page 5 parks and Recreation 2. This plat shall be subject to a cash parks dedication. 3. This plat shall be subject to a cash trails dedication. Water Ouality 4. This plat shall be responsible for a cash dedication in lieu of on-site ponding. A cash dedication will be calculated each time a building permit application for the site is being considered by the City and the cash dedication fee will be calculated at the time of building permit issuance. Grading 5. A grading, drainage and erosion control plan shall be submitted with the building permit application. 6. The developer will be responsible for abandoning all wells and septic systems according to the City and County requirements. Utilities 7. A sanitary sewer and water main layout plan shall be submitted with the building permit application. Tree Preservation 8. A tree preservation plan shall be submitted with the building permit application. 87 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25. 1987 LTS#S STANDARD.CON City Council September 15. 1987 Revised: July 10. 1990______ Revised: February 2. 1993 FINANCIAL OBLIGATION - Best Brands 2nd There are pay-off balances of special assessments totaling $0 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At the time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Lateral Benefit C/I 18.60/ff 1,400 ff $26,040 Sanitary Sewer Lateral Benefit Water C/I 27.20/ff 176.59 ff 4,803 Lateral Benefit C/I 21.05/ff 2,060 ff 43.363 Storm Sewer TOTAL S74.206 BEST BRANDS ADDITION rrEPROve 4--s n.vt 1. c '',......-- 1 . _ V _ t V ma Mc I te PINK SW SW T •. OLMRo S Pogo lua LL ` tcpP• RE De r, C0414# Ss .w EAGAN �— MUNICIPALCENTEJ `•l� t CESAR PR POM IcJ LM V[. R. MIN .D AI.R. ►T MK IT KULA:4 7 MOM 5.1 ' SWC CT (1..I WWI 5V -I :� 1 RNTII N1[L.� .l !learn -Tr— vors- E . / NWtu I•n'y '!oftOr, LOCATION —•1 „ • ' • • • . - • • : ..t 0,4 BEST BRANDS ADDITIOt ;1• ••=.111IC i--•. T•T r et .1 • IN 41-,7 c'y • , • L, . nwto r2•••••••• , ZONING • 9 GUIDE PLAN 0 / to 4i.i• t.„ N. • z__••.: _•...- ,....,4 .. c:w,,, ,tN.'"4_ 4,._,C,• -_ ./_4,.A : ,(. ._f 1_, S _•,•s••,0,•1f‘_.,_/'J/s._1r. ,g /, -A'-_'•.t _- ;-;.:• /--/ .`.I4 -,I4 0t0,t'-.1g - 0 / 1 sI r. t : I c. - ,//A 2 '7.. ;r.• 7.'/ a 1 • \ ,,/ \. /,11 r / i..I ,,' s . Nv t -*./ ,• • fs ,;/// *' td L ./..;: ..." ..7« 111 j • :: 4,..----- -if' .\rs.t,.,.. '• / 1‘ 0 v ' ... .,. „r .., •••••:',„ 1 (II; Ik. \ / 7' . t5,.• I., to% \ ..,,,,z .• 7 *:*' / 4' e.' \ 3. 4133 tr .• i(A/ O L.1,11,7 .15 .0 ea.,:t• 'cr." • 31 -ff BEST BRANDS ADDITION • 7 s• : r „ 4 . t • ft , 121-02 . s • s , • ,.1I- li *. --- 07 so 1 • ▪ ,. i. 1— L,.. z 1 . . :: _t • • ; I. n, • ..• Hz 12 3' Gi overt ' . J ; • . • Addition. • r.' is s --- 1. 75• .; .? •••,- • S • • ti. • • . '4A•f•••••T --3 — JT • 3 , "• -7, ; 2••i• • ni I ! 7 ‘i pg* -!.1 it.L• ' I • •••••• 1 . 2 10133t3 N. VI te▪ .'•*.' • • No • LAWN .1 .3 gr• .• OhNWtSor.1 AREA MAP ON [LEST B 1.1 rT-Rs .111 11 eh z 3 SCALE: 1" 60 yy zs ce tt E° z t <t 1 Ill 1: III 112 Whin'111 i11!i1 01 z 0 • Z U 0 0.0 W a d C7 4 0 0 r c. U 7. / E X hit � S A — t'• f1r CP -9 698.7 702.0 . z CO"' H LE ag A.` CP- I_ ' R2R 5 FIGURE No. 17 STORM SEWER LAYOUT MAP CITY OF EAGAN LEGEND LE RD. MORN WAS STOW SEWWW (fi.ORNA) ROUP SSwER. 4xwr'm fa.— • LWT _LR RATION WWWWD) ■ maw LST STATION `rim 0 STORM PONCE MAIN -0 ♦ ♦ -11-0-10 . wOR oNw.loN — wwwwr POND NORMAL WATER LEVEL 900.0 POND NOR WATER LEVEL 900.0 OVERLAND DRAWER ROUTE SITE a -2/ - • 82.0/ 82.0 720 950' 75.2/8 8 8077 • N. 77.5/ 78.0 COM SE • ACI - ARK 92.*9 61.0/ 61.0 YA TRE gig 79.8/ PL hiTNT 85.0 SI AN (37 .G. FIG. NO. 8 WATER DISTRIBUTION SYSTEM CITY OF EAGA SITE Alt kiak M rtor Itta • 54 • I r" j 3 7 W -. FO; DD. YANKEE DOODIErRD. TpFAT 'PI. AN.' C Dal s 0� ✓ 1 41 Bi.vC FIG. NO. 7 SANITARY SEWER TRUNK LAYOUT CITY OF EAGA 99 PRELIMINARY PUT .11 11i�i11i� a a1';, ihhi 'r'i I j 1 t 1 t Z ; j_�lifjij![1 1it�,�: Ili; r. i! I Illiilill I till! Tull ri! a 1 1 ' 1i <�� 11/�f�i 1isalli Z 1 I'1111!1111 J i:rj' l• •• 1 ;14.hj1ji 51 pot 1' Ir"`0f'1j1 ';tr;jh1,i 1 }tillif: I 0 i 1 h I• tti i1i1 11 11011 1 ihfiliiII I } 3 !I BEST 1. 1 1. 1 � '.- •I L - , �rT_yr • .t 7, ;1 • Y M \ t ' 11 Iit Agenda Information Memo September 20, 1994, City Council Meeting STOP SIGN ',REQUEST (WILDERNESS RUN RD & WEDGEWOOD DR) B. Stop Sign Request, Receive Petition & Approve/Deny Installation (Wilderness Run Road & Wedgewood Drive) --Last year, the staff received a petition from adjacent property owners requesting the City to install stop signs on Wilderness Run Road at its intersection with Wedgewood Drive. In response to that petition, the staff performed an analysis to determine if it meets warrants according to the City's adopted Manual On Traffic Control Devices (MUTCD). In addition, staff performed speed studies, an intersection sight clearance analysis, an accident history and traffic counts at this intersection. As a result of that study, none of the warrants could be met justifying the installation of this stop sign. Subsequently, staff did provide for the installation of a painted crosswalk with appropriate advanced warning signs heightening the awareness of this neighborhood crossing to Walnut Hill Park. In light of this study and staffs response, the petitioners still wish to pursue the request for a stop sign before the City Council. Because the stop sign does not meet any of the required warrants, it can be installed only by specific Council action. Enclosed on pages t through ) 11 is a copy of the report and petition regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the installation of a stop sign on Wilderness Run Road at Wedgewood Drive. foo MEMO _city of eagan TO: TOM COLBERT, DIRECTOR OF PUBUC WORKS FROM: MIKE FOERTSCH, ASSISTANT CITY ENGINEER DATE: SEPTEMBER 16, 1994 SUBJECT: STOP SIGN PETITION (WEDGEWOOD DR & WILDERNESS RUN RD) Background Initially, a number of residents in the Wedgewood 1st Addition had requested consideration of the installation of a 3 -way stop at the intersection of Wedgewood Drive with Wilderness Run Road. The request from the residents was made early in the Summer of 1993 by a phone call from the resident at 4442 Wedgewood Drive. The resident stated concerns with the ability of residents in the Wedgewood 1st Addition to cross Wilderness Run Drive and utilize Walnut Hill Park located on the north side of Wilderness Run Drive. Following the initial phone contact, a number of pieces of correspondence back and forth between the residents and Ken Vraa and myself were made during the Fall and Winter of 1993 as well as Spring and Summer of 1994. Attached are copies of correspondence for your information. Analysis During the early Fall of 1993, an intersection study was performed analyzing the four following areas: 1. Speed study 2. Intersection sight clearance study 3. An accident analysis 4. Traffic counts A speed study was performed on September 13 and 14, 1993, between the hours of 6:30 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m. Results of the speed study indicate that with 1,010 vehicles observed at two different times, 619 exceeded the 35 MPH posted speed limit. The highest recorded speed in this area was 55 MPH. The average speed of the 1,010 vehicles checked was calculated at 36.52 mile per hour. No speeds were checked on vehicles travelling on Wedgewood Drive. The 85th percentile speed was calculated at 41 MPH. 1 IQk The initial intersection sight clearance study which was performed indicated when a vehicle was stopped on Wedgewood Drive south of Wilderness Run Road, the clear sight distance to the east was 500 feet and the clear sight distance to the west towards Lexington Avenue was greater than 500 feet. In double checking those two dimensions this week, the clear sight distance to the west towards Lexington Avenue remains as previously stated but the clear sight distance to the east actually is approximately 312 feet versus the 500 feet as originally reported. An accident analysis was performed and results indicated that no reported accidents have occurred within the last two years from the November 16, 1993, original report date. An accident analysis was not performed for the past 12 months. In September of 1993, 48-hour traffic counts were taken at the intersection noted above. The traffic volumes counted reduced to a 24-hour ADT are listed as follows: Wilderness Run Road east of Wedgewood Drive Wilderness Run Road west of Wedgewood Drive Wedgewood Drive south of Wilderness Run Road 1,782 vehicles 1,960 vehicles 178 vehicles In addition to the clear sight distances checked with respect to the stop sign installation requests, additionally clear sight distances were measured for visibility of the existing crosswalk. The entire 41 -foot length of the existing crosswalk is visible for a westbound motorist on Wilderness Run Drive approximately 358 feet east of the crosswalk, and eastbound motorists on Wilderness Run Roacl have clear visibility of the entire crosswalk a distance of approximately 292 feet west of the crosswalk. The crosswalk location is adequately signed on Wilderness Run Drive from the east as well as approaching from the west. Attached is a site plan showing results of the sight distance surveys performed. The Minnesota Manual On Uniform Traffic Devices identifies warrants which must be met before stop sign installation should be performed. They are as follows: 1. Intersection of a less importance with a main road where application of the normal right-of-way rule is unduly hazardous. 2. Street entering a through highway or street. 3. Unsignalized intersection in a signalized area. 4. Other intersections where a combination of high speed, restricted view and a serious accident record indicates the need for control by a stop sign. The multi -stop installation as requested may be installed if the following conditions are met: 2 ion 1. Where traffic signals are warranted and urgently needed, the multi -way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the signal installation. 2. An accident problem as indicated by five or more reported accidents of a type susceptible of correction by a multi -way stop installation in a 12 -month period. Such accidents include right and left -turn collisions as well as right-angle collisions. 3. Minimum traffic volume of at least 500 vehicles per hour for any 8 hours of an average day, and the combined vehicular and pedestrian volume from the minor street or highway must average at least 200 units per hour for the same 8 hours in the average day. When the 85th percentile approach speed of the major street traffic exceeds 40 MPH (calculated at 41 MPH), the minimum vehicular volume warrant is 70% of the 500 vehicles previously mentioned. Summary Based on the above information and the intersection analysis performed, the only stop sign installation which is warranted is the stop condition which currently exists at Wedgewood Drive. The minimum stopping sight distance as required in accordance with the traffic engineering handbook as published by the Institute of Transportation Engineers (225' - 255') is met for the posted speed limit of 35 MPH. Even at the 41 MPH 85th percentile speed as calculated, advanced signage indicating the presence of a crosswalk adequately alerts the motorist of the approaching crosswalk location. If you have any questions or need additional information, please advise. u�-Z Assistant C. Engirt MPF/jj Attachments • 3 03 / I /• / / %; /. , • 0(6 •• • z { l I 1 1 1' ,r' - w C3 11),J _ 11`� \I \ I3 (3) / 11 11 \ 1 \ I 1I i 11 ► \ 'i/ {1 11 �I � N \ern 1 /1) I1/ 11 1\ 'LAPIS ff V EX. STOP SIGN (•. \ c; r - c*, .1 / /Q 14 I'\ 11 a \\ / i 1/1 �1' ".' J 1 s /'1 ' it, I _ 1l CD ! 11 l - r' —1 — D 1', z li Il 1 1 1 ' - %-- J 1 ti ' it _11f • pt Q111 `t�I 1 �� ) �1► n_ 11 11 I 1 1\-C 1! /l, 111,.1- I /I/ �`/ iI/ /1 1/11/ 1 1p X11 /i ei tk i r--,,.7- - 1 . I 1 1IZ IP) 1 �I 1 I 1 1 11Q/ / 13 1 '1./ / / it /,/III(, l % �J 1I IS11/��i 1 / 1 1 I // I ;lllli / `� Z ,z/ I /l•11/ 1 1 1 ►r 1I /1 / \ 0 1 11/ 1/,.,1 ti2 /' cc,"// // / / II 1 1� < lI / 11 0 11 //lI/1/ '1 rl 'Q I/ l l 1 1 r 11 1/ 1// I ! 1 \ 11 I'. ' 11. 1 11 \ 11 I Y1 11 II v 1.1 it '1 l August 25, 1994 Mr. Tom Hedges, City Administrator City of Eagan Eagan Municipal Building 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Dear Mr. Hedges: I am writing you in follow-up to my conversation with Ken Vraa regarding our neighborhood's desire to appear before the Eagan City Council. Our issue is the safety, or lack thereof, at the crosswalk on Wilderness Run Ro=d and Wedgewood Drive adjacent to the Walnut Hill Park entrance (this crosswalk: is also an exit/entrance for- e bike traila.ay). With the rapid growth of nearby housing developments, we have seen a significant increase in traffic on Wilderness Run Road. Along with the increased volume of traffic, speeding has also become a problem. The combination of these two factors, as well as the curve immediately east of the park: entrance, make crossing into and out of the park very dangerous. In the spring of 1977 I began rel ?yi ng our neighborhood's concerns to the Eagan Engineering Department. I worked with Mike Foertsch who directed a stop sign analysis at the site in the fall of 1997. I have not seen a formal summary of that analysis, but T was told that the intersection did not meet the criteria for a stop sign due to the low traffic volume on Wedgewood Drive. Mr. Foertsch passed our concerns on to the Eagan Parks Department because a study of all city park accesses was underway at that time. Ken Vraa became involved and he recommended pedestrian- activated edestrian- activated flashing yellow lights for Wilderness Run Road. The problem now is funding. Mr. Vraa estimated the cost of such a light to be 8.5000 - $10,000. His concern is that our neighborhood is not alone in experiencing an unsafe park access and he +eels that other neighborhoods might make the same request if ours is approved, thereby driving the potential total costs over time toward $100,000. The consensus in our neighborhood is that if several neighborhoods need engineering attention and financial expenditures to make the Eagan community parkas safer, this would be money well spent. If this is such a widespread problem in our community, let's +ix it before an Eagan family experiences a serious injury or death; then any amount of money would look like a small amount. We wish to be on the agenda for the Eadan City Council meeting for September or - September 20, 1994. If you need to contact me regarding this matter, please feel free to call me at my home at 454-1560. Thank you very much for your attention to our concerns. Patti Schilling 4442 Wedgewood Drive Eagan, Minnesota 55123-1974 home phone: 612/454-1560 cc. Wedgewood Neighborhood Watch Group (O( • city oF=man S/ F, Nit Lc — PGat) X -..y__ May 11, 1994 Ms. Patty Schilling 4442 Wedgewood Drive Eagan, MN 55123 THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES Clly Administrator E. J. VAN OVERBEKE CtN C erk Dear Ms. Schilling: I received your letter of April 27 in regards to the request for a stop sign/crosswalk at the intersection of Wedgwood Drive and Wilderness Run Road for access to Walnut Hill Park. I have reviewed the history of the initial request for a stop sign with Mike Foertsch, City Engineer. It is my understanding that the City's review indicated that this intersection did not meet the criteria identified in the Minnesota Manual on Uniform Traffic Control Devices for stop sign installation. Consequently, there does not appear to be a clear rationale for installing a stop sign at this location. A painted cross walk as an alternative to the stop sign, is one that is strongly recommended against. Painted crosswalk installations on the roadway surfaces are used in areas where the crossing is a continuation of the trailway. In the past, I spoke with Pete Sorenson of the Dakota County Engineering Department about similar situations and he has recommended against cross walk installations. He feels that a painted cross walk gives pedestrians a false sense of security. Painted cross walks imply to the pedestrian that vehicles will stop when they are in the cross walk area. Unfortunately, crosswalks at a mid -block location are disregarded by motorists who assume that the pedestrian will yield to the vehicle. Apparently, this is a fairly uniform principal with traffic engineers. Providing a flashing warning light, which is pedestrian activated, is another possible alternative to be reviewed. Cost for such a device is estimated at between $5,000 and $10,000 per unit. There are several variables involved in this cost estimation, the most significant one (and the most difficult to ascertain) is electrical cost. For the purposes of this particular installation, we believe that $10,000 is a more accurate estimate. These dollars are not available in the current operating budget, nor forecasted in the Capital Improvements Programs. Consequently, the Qty Council would have to make a determination as to the priority of this expenditure against other City needs. I would anticipate the City Council to ask what other parks might also face a similar situation that would also vie for additional dollars to be expended. MUNICIPAL CENTER 1630 PLOT KNOB ROAD EAGAN. MINNESOTA 66122.1697 PHONE (612) 6814600 FAX (612) 6814612 TDD: (612) 4544555 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equol Opportunity/Affhrnottve Action Employer LeTh 7 MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (612) 681-4300 FAX: (612) 681.4360 TDD: (612) 4544535 • Ms. Patty Schilling Page -2- In reviewing park locations, I have identified several other parks with similar crossing concerns: Ridgecliff, Ohmann, Quarry and Carnelian. An agreement could also be made for cross walk or pedestrian aided control devices at an additional five or six locations. Consequently, you need to be aware that the City Council would be looking at a policy with expenditure implications of not just $10,000, but perhaps upwards of $100,000. If it is your desire to have this issue proceed to the City Council, I would be happy to discuss this with our City Administrator for placement of this particular request on the Council agenda for their review. If I can be of further assistance, please feel free to contact me. Sincerely, Ken Vraa Director of Parks & Recreation KV/Ik cc: Tom Hedges, City Administrator Tom Colbert, Director of Public Works Lee Markell, Chair — Advisory Parks, Recreation, Natural Resources Commission ie1�.LING.LTR � D� a city oFocigcin July 14, 1993 MS PATTiI SCHILLING 4442 WEDGEWOOD DR EAGAN IAN 55123 RE: Request for 3 -Way Stop at Wedgewood Drive and Wildemess Run Road Dear Ms. Schilling: THOMAS EGAN Moyor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Counc4 Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk It's been a couple of weeks since we last discussed your request for the installation of stop signs at the cross walk to Walnut Hill Park adjacent to Wedgewood Drive. Since that time, the City's Street Superintendent has reviewed the existing advance signage along Wildemess Run Road identifying the crosswalk location. The advance signage is consistent with crosswalk signage throughout the Ctty. As I had previously mentioned, the Ctty Is In the process of reviewing all crosswalk locations In the City. I anticipate this review being completed within the next 30-60 days. With respect to your request for consideration of stop sign installation, during the next 30 days the City will initiate a stop sign analysis to determine If any of the criteria as identified in the Minnesota Manual on Uniform Traffic Control Devices will allow the requested installation. This Intersection study will incorporate the following four areas: 1. A speed study. 2. An intersection sight clearance study. 3. An accident analysis. 4. Traffic counts. Once the study has been completed, If the criteria has been satisfied, the City can Install the requested 3 - way stop. tf the criteria has not been satisfied, the Information will be forwarded to the City Council for their consideration. The City is equally as concemed as you and your neighbors in providing areas to cross our public streets in as safe a manner as possible. Thank you for bringing your concerns to our attention. erely yours, tPX/ Michael P. Foeitsch, P. ./LS. Assistant City Engineer cc: Thomas A. Colbert, Director of Public Works Pat Geagan, Chief of Police Ken Vraa, Director of Parks & Recreation Arnie Erhart, Superintendent. of Streets/Equipment Stan Lexvold, Sr. Engineering Tech/Construction ILAPE D MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN. MINNESOTA 55122-1897 PHONE: (612) 681.4600 FAX: (612) 681-4612 TDD: (612) 454.8535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equol Opportunity/Atfirmative Action Employer Dcl MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN. MINNESOTA 55122 PHONE: (612) 681.4300 FAX (612) 681-4360 TDD: (612) 454-8535 RECEIVED SEP 2 2 1993 September 17, 1993 Mr. Michael Foertsch Assistant City Engineer City of Eagan Eagan Municipal Building 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Request for 3 -way stop at Wedgewood Drive & Wilderness Run Road Dear Mr. Foertsch: I am writing to follow up on my June 1st letter to you regarding my neighborhood's request for the installation of stop signs at the crosswalk on Wilderness Run Road adjacent to Wedgewood Drive by Walnut Hill Park. You had indicated in your July 14th letter to me that a stop sign analysis would be done in the ensuing 30 days. All of us here in Wedgewood are anxious to learn the results of the study and what the outcome will be for the involved intersection. In order to update the neighborhood, I would appreciate at your earliest convenience any information you have on the status of the stop sign analysis. If this issue has to go before the Eagan City Council, I would like to be informed so our neighborhood can all be present to voice our concerns. Attached is a list of other concerned neighbors and their addresses if you would like to communicate directly with them. Thank you for your attention to this matter. Sincerely, Patti Schilling 4442 Wedgewood Drive Eagan, Minnesota 55123 Home phone: 454-1560 Wedgewood Development Request for 3 -way stop at Wedgewood Drive R, Wilderness F:un F:oad SIGNATURE NAME c, STREET ADDRESS L 9 WcD6.Jo00 D(z. SC1u 41-14. hbrctie taxa Dry vc� dnI 1 ^//. h `'y�j Zcr/me kr- Drtuito L015 we yw.A. L,1/4-) 11 ii,L,&_•6_/71c.1Q224,kzi,r)cioc,.! _LD 3S— Wei /0 i 7 W. d122.4.z,- ccGr71 '.i) . £A!/ vNG 11 5J"/` 1 1 Gc%' _QeL hn KEeey PE Te C ovV /0 ZZ E iA.) co1 IA"J E ns A4irc--Arn f � c c.cf,, 13SlreL DO / %Uecf3C.wc' L t 1 1\)0 r,J2e).Av A244..00 12o+v' 1- 3 Co • �-� g c, 100"1 Wc-VD.C,cvap ✓,L 4 ,4. S . (-kAt_1. ds�,s,C ocf LA, AJo icy Wedgewood Development Request for 3 -way stop at Wedgewood Drive & Wilderness Run Road SIGNATUF:E NAME E< STREET ADDRESS too I.1 tie x,141 - '' - lc 'Eo6ierc , J: - 10/7 Ii--L(,,c as) L,J S . 11) S Q 105-5 tan/ _S a&L\, 1_03] ifeoe 14.4x_d LLQ CI±Le.�d—load L34 (-Old 103 aag icilc( LA)eo _dx16 101(1.1 11/aCy.A.OszQ Dr l 1.0le_ Gci '4 ' _._ Wedgewood Development Request for 3 -way stop at Wedgewood Drive & Wilderness Run Road SIGNATURE PAStroliza, NAME & STREET ADDRESS L0,3_5 W 103_a_ 1,3 cct2r, lo -43 WEf v bob u.) , \ , Y43 _We ifixidLN QCQ W wg LK tJ R051.0 C7c15SGid4 9ci /1 - WeG%fi4W cI D n --�Q %6Y.__111): wP e 12e5:04( boo SIGNATURE 70%-rAftlit)fl Leki _44/•) /1)16 W. No - q lUecQcfwoaot 0Y"` ,e az/K.4 0:60 Ot Wedgewood Development Request for 3 -way stop at Wedgewood Drive & Wilderness Run Road NAME & STREET ADDRESS 3113 W tA AL/ iotiq .0)421__ i(3 SIGNATURE W4,.dgewood D;1 rIpment Request for _-1.:sstop. r =.t Wed•_I -i. or'd Drive = ''• !_J1 1 dc,r ne= s Pun F:Cs.d NAME a 'TF:EET Anr1Pc.S'= .v -P")14;'; 1) L a • 53,i_kJ I C (A)(2_6_,0 17,, N. LL((. o/ br-. 4.1/46 / 'e�y' = <? �� Lri ✓e )Ti Cs L(d • l••••• D City of Eagan 020-00 It ..,„Ii•nr_kec i ., t 4 r • H f1 t t� SI* 60 • LANE SOUTH s..111.11.0 OLIO !J° . xs ,! /II i3 iD it A 4 w r . ,:,./yam.. • et •• H .. 14 N 9,• i • %. 11 11 1! 11 WI 11 •0 11, sS • A = 1960 CARS (24 HR. COUNT) B =178 CARS (24 HR. COUNT) C =1782 CARS (24 HR. COUNT) city of eagan PUBLIC WORKS NiDE PARTME TRAFFIC COUNTS. 1 ( 05 approved: standard plate #: RECEIVED JUN 4 1993 June 1, 1993 Mr. Michael Foertsch Assistant City Engineer City of Eagan Eagan Municipal Building 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mike: I wanted to write to thank you for your attention to my concerns regarding the safety of the crosswalk on Wilderness Run Road which leads from Wedgewood Drive to Walnut Hill Park. As we discussed, many parents in our neighborhood share this concern and are quite anxious to see something done to make this crossing safer. I became an at-home parent last June and, since that time, have become increasingly aware of how dangerous it can be crossing Wilderness Run Road. There are advance warning signs for the crosswalk both eastbound and westbound. However, it's been my observation that many motorists don't appear to be heeding these warnings, particularly those who are westbound. As we also discussed, there is also a problem with many motorists speeding. With a posted speed of 35 mph, even an additional 5 mph over the posted limit makes crossing Wilderness Run Road much more dangerous, particularly for small children. When considering a 3 -way stop at Wedgewood Drive and Wilderness Run Road, I would like you to recall the existing 3 -way stop on Wilderness Run Road at Oak Chase Park, just a short distance west of Lexington Avenue. I feel the intersection at Wedgewood Drive and Wilderness Run Road seems an equally important location for a 3 -way stop, particularly given the number of families residing in Wedgewood, immediately across Wilderness Run Road from Walnut Hill Park, who must cross there. Myself, as well as other neighbors, look forward to hearing from you after you have had time to assess the situation. erely Patti Schilling 4442 Wedgewood Drive Eagan, Minnesota 55123 Home phone: 454-1560 (11 Agenda Information Memo September 20, 1994, City Council Meeting CONSIDER ABATEMENT OF ASSESSMENT C. Consider Abatement of Assessment, Interest & Penalties (Parcel 10 -03100 -014 -77) -- The City of Eagan has received a request of the property owner (Sieg Estate) and their proposed developer (Arcon Development) to consider abating the accumulated interest and penalties associated with the Green Acres/Senior Citizen deferrals of special assessments levied against this unplatted 17 -acre parcel of land located between the extension of Slaters Road and Cedar Freeway south of Storland Road. This piece of property is very difficult to develop due to the amount of excess material (approximately 170,000 cubic yards) that must be removed from the site in order for it to develop into single-family residential in compliance with City Codes and standards for maximum development grades. The magnitude of this excess material disposal combined with the increasing financial lien of unpaid special assessments is quickly reaching a point of rendering the property undevelopable for its proposed residential use. The staff has evaluated the outstanding assessment obligations (principal + interest + penalties) and the development costs and have summarized this information in the memo enclosed on pages * through * Because of the short timeframe in which a favorable consideration of this request must be received for it to result in a successful development, this item is being presented to the City Council for their consideration of approving/denying this request on September 20. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the abatement of a portion of the outstanding special assessment obligation for Parcel 10-03100-014-77 and authorize the Mayor and City Clerk to execute all related documents. *Memo will be included with the Administrative Packet on Monday. Agenda Information Memo September 20, 1994 City Council Meeting REZONING/REMO CAPONI D. Rezoning, Remo Caponi, of 5.9 acres from A (Agricultural) to R-1 (Single Family), along the south side of Diffley Road, west of Lexington Avenue --Remo Caponi is requesting a rezoning of 5.9 acres from Agricultural to R-1 (Single Family). He has also requested preliminary approval of a subdivision consisting of 11 single family lots. The property is located approximately 650 feet west of Lexington Way, along the south side of Diffley Road. Originally, the Advisory Planning Commission conducted a public hearing on this matter in May, 1994, pd continued it to its meeting of August 23, 1994. Enclosed on pages 1.2.-0through /ter are copies of the minutes of the APC's August 23 meeting, along with other background information pertaining to this item. As the enclosed minutes of the Planning Commission deliberations indicate, the Commission had extensive discussions on this proposed rezoning and plat. The Commission also consulted with the Advisory Parks, Recreation & Natural Resources Commission. After much deliberation, the Planning Commission determined that they did not favor the rezoning. They also discussed the possibility of rezoning to single family and reducing the number of lots, but ultimately concluded that this was not advisable. Mr. Capon also indicated he had no interest in reducing the number of lots in his proposal. The Commission essentially felt that a small single-family subdivision in the midst of City and private parkland with access across the public parkland was not appropriate. The Commission also felt that the property owner currently had a reasonable use of the property for a single-family home under the current agricultural zoning and therefore recommends to the City Council denial of the rezoning. Because the recommendation was to deny the rezoning, no action was taken on the preliminary subdivision. If the City Council approves the rezoning, the subdivision will be reconsidered by the Planning Commission. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a rezoning of 5.92 acres from A (Agricultural) to R-1 (Single Family) located along the south side of Diffley Road, west of Lexington Avenue in the northeast quarter of Section 27. MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA AUGUST 23, 1994 REZONING AND PRELIMINARY PLAT REMO CAPONI Voracek opened the first public hearing of the evening regarding a Rezoning of 5.92 A (Agricultural) acres to R-1 (Single -Family) located along the south side of Diffley Road west of Lexington Avenue in the NE; of Section 27 and a Preliminary Plat consisting of 11 lots on 5.92 acres located along the south side of Diffley Road west of Lexington Avenue in the NE; of Section 27. Project Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staff's planning report dated May 13, 1994, and the supplemental staff report, dated August 23, 1994. Ridley noted the background and procedural history of the proposed development, the existing conditions of the subject PAGE 2/ADVISORY PLANNING COMMISSION MINUTES August 23, 1994 property, the surrounding uses and the compatibility therewith, the site plan, and the storm drainage, water quality and utility issues and the proposed access/street design. Mr. Ridley also noted that the main issue with the proposal is the alignment of the public street to provide access to the subdivision which is proposed to run through the City's Lexington/Diffley athletic park currently under construction to the southeast of the property. Mr. Ridley concluded that the proposed Rezoning and Preliminary Plat are consistent with the City's Comprehensive Guide Plan and single-family land uses are generally compatible with the surrounding land use in this particular area as well as the area. The applicants, Remo and Karen Caponi, the applicants' design engineer, Wayne Tower and the applicants' attorney, Todd Rapp, were present. Mr. Rapp addressed the following three issues: (1) availability or location of the site access; (2) Condition No. 7 of the Preliminary Plat approval regarding the requirement of two additional feet of fill for proper cover and depth for the sanitary sewer service for the northerly two lots; and (3) compatibility of the proposed development with the surrounding area. Mr. Rapp noted to the Commission that grading has occurred within the City's new athletic park site for access to the applicants' property. He noted that the grading conforms with the staff's site plan which depicts the access alignment to the south of the water tower. Mr. Rapp further stated that although the applicant initially proposed that the access alignment run with the existing easement, to the north of the tower, the applicant does agree to accept the access as shown in staff's plan (to run south of the water tower). Mr. Rapp also stated that the applicant is in agreement to Condition No. 7 of the Preliminary Plat approval, but noted that the applicant initially proposed to use individual grinder pumps. With respect to the compatibility issue, Mr. Rapp stated that a residential use is the least intrusive use to the surrounding park uses. He further stated that the proposal is compatible with the City's athletic field currently under construction. Mr. Rapp noted construction presently underway of a substantial berm on the athletic field park property to the southeast corner of the subject property. He stated that these berms will serve as a substantial screening for the residential use from the athletic park. He further stated that there is not a traffic or safety issue with respect to the proposed access because it will "look, act and perform as a street.". Chairman Voracek directed the Commission to address the rezoning issue first without consideration to the proposed preliminary plat. gal PAGE 3/ADVISORY PLANNING COMMISSION MINUTES August 23, 1994 Member Segal stated that he understands developing the subject property as residential, but stated a plat with 11 lots is too great for compatibility with the surrounding uses and being served by an access through a public park. Segal inquired with the applicant as to whether the applicant would be willing to subdivide into four lots as a planned development. Mr. Rapp responded that the applicant could not support the four lot alternative, citing economic reasons. Isberg inquired with the applicant as to how will the developer protect the future homeowners from adverse affects of the park and the park users. Mr. Rapp responded that the park, or the parkusers, will not be a hidden incident of ownership to future homeowners. He reasoned that the future homeowners will have knowledge of the park at the time of purchasing their home. Mr. Rapp further responded that the Park Department has already created physical barriers, i.e. berms, within the park adjacent to the southeast corner of the subject property. He further stated that there are no ballfields or stands adjacent to the subject property. Mr. Rapp did concede that there may be potential for occasional upsets between the homeowners and the park users/uses. Member Miller stated that he has no objection to 11 lots but if the Commission is ready to recommend denial of the rezoning application because of the number of lots, perhaps the Commission could give the applicant an indication of the number of lots it would support. Member Voracek stated that the appropriate number of lots is one (1) lot, noting there would be no change in use because there is an existing residence. He further stated that because the surrounding areas are zoned park, a rezoning of the subject property to R-1 use would be in effect "spot zoning" which he states is his main objection. Voracek acknowledged that the surrounding area was once zoned R-1 but then zoned to park and thus suggested that the future use of the applicant's property should have been addressed when the surrounding property was rezoned to park. He further suggested that perhaps the Commission should review the comprehensive guide and zoning issues for this specific piece of property and its appropriate use. Member Wallace noted that the most applicable factor in deciding the rezoning issue is the compatibility of the proposed use with the surrounding use. Member Segal concurred and stated that the applicant made no showing that the Commission's traffic concerns are nonexistent; that there is no other reasonable use for the property; or that the applicant suffers a hardship by the existing zoning. Segal concluded, therefore, that he would not recommend the application for rezoning but would consider a planned development with less density. Isberg concurred with Segal and added that his PAGE 4/ADVISORY PLANNING COMMISSION MINUTES August 23, 1994 concern was the "spot zoning" that would result if the rezoning application was approved. Isberg moved and Wallace seconded the motion to deny the Rezoning of 5.92 A (Agricultural) acres to R-1 (Single -Family) located along the south side of Diffley Road west of Lexington Avenue in the NE; of Section 27 and a Preliminary Plat consisting of 11 lots on 5.92 acres located along the south side of Diffley Road west of Lexington Avenue in the NE; of Section 27. All approved in favor. The Commission concurred to recommend to the City Council that it direct the Commission to review the Comprehensive Guide Plan for long-term use of the subject property. `a3 TO: MEMO city of eagan Ron Voracek, Chair Members Advisory Planning Commission FROM: Mike Ridley, Project Planner DATE: August 18, 1994 SUBJECT: Vantage Point - Remo Caponi This memo is intended to summarize the chronology of events leading up to Tuesdays meeting regarding Mr. Caponi's proposed Vantage Point subdivision. * On May 16, 1994, the Advisory Parks, Recreation, and Natural Resource Commission (APRNRC) reviewed the rezoning and preliminary plat requests and recommended a cash parks, trails, and water quality dedication. • On May 24, 1994, the Advisory Planning Commission (APC) referred the items back to the APRNRC for further review and comment. ' On June 20, 1994, the APRNRC briefly discussed the item before sending it to the APRNRC Acquisition/Development Subcommittee for further review. ' On July 18, 1994, the APRNRC again heard this item and adopted the Acquisition/Development Subcommittee's position and made a formal recommendation to the APC (letter attached). • On July 25, 1994, Mr. Caponi requested the APC to continue consideration of the rezoning and preliminary plat for one month. * On August 5, 1994, Ken Vraa, Director of Parks & Recreation and myself met with Mr. Caponi and his consulting engineer and attorney. A number of issues were discussed but no firm decisions were made regarding possible plan revisions. • On August 17, 1994, I spoke with Mr. Caponi and he informed me that he wishes to proceed with the 11 lot preliminary plat depicted in the May 13, 1994 staff report (attached). Please contact me if you have any questions. 4•Xi Project Planner MO Pilot Knob Road, Eagan, MN 55122 (612) 681.4600 TDD: (612) 4544535 city of eagan July 18, 1994 Advisory Planning Commission City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Commission Members: On behalf of the Advisory Parks, Recreation and Natural Resources Commission, I wish to thank you for the opportunity to provide you additional comments regarding the Commission's feelings and analysis regarding the Remo Caponi Vantage Pointe proposed preliminary plat. As you are aware, the APRNRC has not typically commented on zoning, density's of developments or layout as this is the peruse of the Advisory Planning Commission. The APRNRC charge has been to comment on parks, recreation and the natural resources of a plat as was the case with the Vantage Pointe sub -division. Given the opportunity to comment further relative to parks impact, we are pleased to provide you with the following comments. First, we believe that the best interest of the community would be served if this parcel was to remain agricultural and in its present use. Acquisition by Mr. Anthony Caponi for inclusion into the Art Park would also be an acceptable resolution. Clearly, the residential -type development proposed, sandwiched between a major athletic field and an art park, is not a good fit for residential development nor the parks. It is our understanding the developer has said he is opposed to taking access for this proposed development through the park. We agree. We, too, are opposed to a public street through the park. Barring the inclusion of this property into the art park, some limited residential use could be accommodated. We believe that no more than four units would be appropriate. It is our understanding that at four units, this sub -division can be accessed 1 by what is essentially a private road which would best be serviced by a direct access from County Road 30. Clearly, access through the park to any proposed sub -division is not a desireable alternative. It would seem that four units with access from Diffley would fit this property. We are opposed to a "public street" entering the park to service any residential development. City park plans show service to the existing home via a private road off the park road. This has the Least amount of impact to the park while still providing adequate access to this home. gas Page -2- One final comment has to do with resource protection. Given the surrounding usage, i.e. art park and athletic fields, we believe that any proposed residential sub -division needs to be intensively managed to preserve the natural resources. The proposed intensive sub -division of eleven units, while meeting the general guidelines of the tree preservation policy, certainly is out of character with the surrounding art park usage and would negate the efforts that the City has taken in trying to provide a berm and proposed landscaping. In summation, we believe that the parcel should remain agricultural; perhaps to be incorporated into the art park. Barring that opportunity, a limited residential development serviced from Diffley Road via a private road seems a prudent decision for the sub -division as well as for the City park. A public road or park road servicing increased residential development through the parks is undesireable! We acknowledge a private road off the extension of the park road to service the existing home. Resource preservation should go beyond the norm and can be improved via a reduction in the number of units. On behalf of the Advisory Parks, Recreation and Natural Resources Commission and its members, I offer this response. Sincerely, Lee Markell, Chair LM:KV/lk L5/ADVcOMM.L R w0•• 10 Alto ibummunkoo sweat* 31IS 01131H1V A31d310/NOIDNIX31 SS3001/ HlUON • r w..r+ 1111•4_'•• •e,+V..•l 4.W Aran 1 rl•Ml. M • 41 M0rp 41 ••••0 r 110.1•lo One OWE PLANNING REPORT CITY OF EAGAN REPORT DATE: May 13, 1994 APPLICANT': Remo Caponi PROPERTY OWNER Same REQUEST: Rezoning, Preliminary Plat LOCATION: NE 1/4 Section 27 (PID #10-02700-012-01) COMPREHENSIVE PLAN: D -I, Single Family (0-3 Units/Acre) ZONING: A, Agricultural CASE #: 27 -PP -13-4-94 HEARING DATE: May 24, 1994 PREPARED BY: Mike Ridley ,SUMMARY OF REQUEST The applicant is requesting a Rezoning of 5.9 acres, from Agricultural to R-1, Single Family and a Preliminary Plat (Vantage Point) consisting of 11 single family lots. The property is located approximately 650' west of Lexington Way along the south side of Diffley Road. AUTHORITY FOR REVIEW City Code Chapter 13, Section 13.20, Subd. 6. states: In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. Tbat the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. Planning Report - Vantage Point May 24, 1994 Page 2 F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUND/HISTORY There have been no previous development applications for this property. The applicant's existing home is located in the southeast corner of the site. Access to the home is provided by a private drive located in a 16' wide easement that runs to the Lexington Way/Diffley intersection across property owned by the City. The City property was once part of the Lexington South Planned Development and designated for a multiple residential land use. The City acquired the property from H.U.D. in 1989 when the developer defaulted on the loan. The 16' wide access easement runs with the property. (0-9 planning Report - Vantage Point May 24, 1994 Page 3 EXISTING CONTITIONS Much of the Caponi site contains steep topography and contains approximately 100 significant trees, as defined in the City's Tree Preservation Policy. In addition to the existing home, the site contains seven barns/sheds. Mr. Caponi's home is currently served by a well and septic system. SURROUNDING USES The following uses, zoning and comprehensive plan designations surround the subject property: This property is surrounded on all sides by undeveloped property that is zoned PK, (Parks), and designated P, (Parks). Future development of the park land includes the Caponi "Art Park" and the Lexington/Diffley athletic field site. This site is to include six softball and four soccer fields. All six softball fields are expected to be lighted at some point in the future. EVALUATION OF REQUEST A. Rezoning Review Rezoning this property to R-1, Single Family is consistent with the Land Use Guide Plan designation of D -I, Single Family (0-3 u/ac). B. Preliminary Plat Review Density The proposed eleven residential lots on 5.9 acres results in a site density of 1.8 units/acre which is consistent with the proposed zoning and the existing Comprehensive Plan designation. I All of the lots exceed R-1 zoning district size and width requirements. The lots vary in size from 12,100 to 33,625 s.f., with an average lot size is 20,480 s.f. Setbacks The Lots are all of sufficient size to accommodate R-1 setback requirements. j3° Planning Report - Vantage Point May 24, 1994 Page 4 Tree Preservation Policy 'The Tree Preservation Plan submitted is acceptable. The site contains 104 significant trees which are concentrated on the north half of the property. Initial site development work will result in the loss of six of these trees. Parks and Recreation At their May 16, 1994 meeting, the Advisory Parks, Recreation and Natural Resource Commission (APRNRC) recommended cash parks, trails, and water quality dedication. Qrading/Wetlands With some minor modifications, the grading plan is acceptable. The preliminary grading plan, submitted with this application, shows that at least 45% of the site will be disturbed by grading. Lots 1 through 5 are indicated as custom graded lots and the degree of grading in this area is not shown. The proposed street grade and house pad elevations may have to be raised approximately 2 feet to obtain the proper depth for sanitary sewer service. The grading plan should be revised to reflect these modifications. The developer will be required to locate and abandon all septic systems and wells according to County and City requirements. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. There are no wetlands on this site subject to regulation under the Wetlands Conservation Act. Storm Drainage/Water Quality This development will discharge stormwater to a storm sewer line in Diffley Road which in turn discharges to Pond JP -8.1 located in Patrick Eagan Park. Pond JP -8.1 was constructed at the City's expense to catch and treat runoff from Diffley Road and adjacent properties between the Rooney property and the intersection of Lexington Avenue and Diffley Road. Pond JP -8.1 discharges to Pond JP -8 (McCarthy Lake) which is also located in the Park and is classified as a scenic recreation water body. Because Pond JP -8.1 is adequately sized to protect the water quality of Pond JP -8 and to avoid impacting the considerable woodland resources on the Vantage Point site, a water quality cash dedication in lieu of on-site ponding would be appropriate. The storm sewer extension from Diffley Road will need to be sized to accommodate runoff from the development and a portion of the future street extension in the park property. X31 Planning Report - Vantage Point May 24, 1994 Page 5 Sanitary Sewer An 8" sanitary sewer will be constructed through the Lexington/Diffley athletic site from Lexington Avenue under City Contract No. 93-16. The 8" line will be extended to within 300 feet of the southeast corner of the site. This development will need to extend an 8" sanitary sewer through the park and along the east edge of Lot 11 to serve this development. This results in the sanitary sewer to be at elevation 975, which will be approximately 2.4 feet higher at the easterly manhole than shown. Adjustment of the proposed grades will be required to maintain a proper depth for sanitary sewer service to the proposed lots. The sanitary sewer should be redesigned to show these modifications. Watermain The watermain layout is acceptable. The 6" watermain can be extended from either the existing 12" watermain on Diffley Road or from the 6" watermain inside the park property as shown on the preliminary utility plan. This development will be responsible for extending 6" watermain 300 feet to the east of the east edge of the site to connect to the 6" watermain in the Lexington/Diffley Athletic Site or to extend a 6" watermain to the north along a lot line to connect to the existing 12" watermain iri Diffley Road. Access/Street Design The preliminary street design is acceptable with some minor modifications. The site has 575' of frontage on Diffley Road but due to the severe grades, the applicant is proposing access across City property to the east. Street access to serve this development will be available from Diffley Road at the Lexington Way intersection. In addition, the grades are too steep for this development to provide future access to the undeveloped property to the west. That property will have to take direct access from Diffley Road. The public street that will be required to serve this site should be constructed to a width of 28 feet. The applicant's initial submittal presented this public street virtually following the alignment of the existing private drive along the north side of the existing water tower. This alignment would require the construction of a 18' tall retaining wall only 15' south of the surface of Diffley Road. Because the City does not wish to assume long term liability/maintenance of this retaining wall or have a connection this close to the Lexington Way/Diffley Road intersection. Also, the City will be building a public street in from Diffley Road at Lexington Way for park purposes. A more appropriate and cost effective alignment would be a street connection south of the water storage tower. 1-5z Planning Report - Vantage Point May 24, 1994 Page 6 The final street design will be completed by the City upon Petition for public street improvement by the applicant. This design will be reviewed by the Advisory Parks, Recreation, and Natural Resource Commission (APRNRC) to be consistent with park development plans. The existing driveway that extends from Lexington Way, north of the water storage tank, to the existing house should then be removed and the easement terminated. EasementsjRight-of-Way/Permits This development will be responsible for providing a utility easement along the east property line of Lot 11 for sanitary sewer. If watermain is to be extended from Diffley Road, a 20' wide utility easement will be necessary along a lot line. The preliminary plat shows a 60' right-of-way to be dedicated for the street that will be constructed through this site. The City Code allows a 50' width for a local access street with a cul-de-sac. This narrower right-of-way width may allow additional trees to be saved. This development will be responsible for ensuring that all regulatory agency permits (MPCA, Mn. Department of Health, MWCC, Dakota County Highway Department, etc.) are obtained prior to final plat approval. No work shall commence in Dakota County's right-of-way (Diffley Road, CSAH 30) until a permit is obtained from the Dakota County Highway Department and no permit will be issued until the plat has been filed. Compatibility with Surrounding Area Typically, park and single family land uses are compatible. Because of existing physical characteristics, access to this development must traverse park property that is now under construction. The fact that this parcel of land is completely surrounded by land to be developed (to varying degrees) for park purposes, combined with the access issue, will create an atypical situation within the city. Based on experience with Rahn and Northview athletic fields, the City can expect a certain amount of discord between the two land use types due to the inherent externalities associated with active ballfields. However, these issues do not result in a determination of non -compatible land use. /33 Planning Report - Vantage Point May 24, 1994 Page 7 $UMMARY/CONCLUSION The main issue with this proposal is the alignment of the public street to provide access to the subdivision. The proposed rezoning and preliminary plat are consistent with the City's Comprehensive Guide Plan. The single family land use is compatible with surrounding land use in this particular area as well as this area of the City in general. The Tree Preservation Plan and the Waterma.in Plan submitted are acceptable and with minor modifications, the Grading/Wetlands; Sanitary Sewer; and Access/Sweet Design plans submitted are acceptable. ACTION TO BE CONSIDERED 1. To approve/deny a rezoning of 5.9 acres from A to R-1. 2. To approve/deny a preliminary plat for 11 single family lots subject to the following conditions: Planning Report - Vantage Point May 24, 1994 Page 8 CONDITIONS OF PRELIMINARY PLAT APPROVAL 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, Cl, C2, C3, D1, El, F1 and G1. 2. The existing home shall connect to City sewer and water; and the existing well and shall abandoned per Dakota County standards. 3. All barns, sheds and out buildings shall be removed with the initial phase of construction. 4. The APRNRC shall review the public street access for consistency with the park development plans. 5. This development shall be subject to a cash parks, trails, and water quality dedication. 6. The public street project to serve this development shall be ordered prior to Final Plat approval. 7. The proposed street grades and house pad elevations shall be raised approximately 2 feet to obtain the proper cover and depth for sanitary sewer service. 8. After the new public street is provided through the park site to serve this development, the Developer shall remove the existing gravel driveway and terminate the existing casement. 9. The right-of-way for the public street through this site shall be revised from a 60' width to a 50' width. 13 J STANDARD CONDITIONS OF PLAT APPROVAL A. Financial OblIs ations 1. This development shall accept Its additional financial obligations as defined h the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Jasements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate developrnent of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. /3 (0 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements .1. tf any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25. 1987 September 15. 1987 Revised: Jut)/ 10. 199 Revised: February 2. 199_ LTS#5 STANDARD.CON 13 7 FINANCIAL OBLIGATION • Vantage Point There are pay-off balances of special assessments totaling SO on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. M the time this report was prepared, there was a pending assessment of 523,280 related to Project 607. The pending assessment will be allocated to the lots created by the plat. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Storm Sewer Trunk S.F. .074 sq ft 225,275 sq ft S16,670 Lateral Benefit S.F. 23.35/ff 575-ff „13.426 Storm Sewer TOTAL I °CATION (35 ZONING No �"+� * s :: •..r .,\, • _ • 2 t ,1 ;1'11 It1 1 11.11 I ;�r . II • 10 c t 1'i. )1 , • , 11 �• 1 !+ `l i . 1 r } qr 0 I 1 •'I'.\I i . I� i =ill k r '-i' I l,.,'.1:l,l,r,r ,•t_ • • •N•. .'� ..., •.1 _,� It •s x 11 :1'•H• i1r 1, 11'1',:' 1 ri1 �Fl Ir•i 1\:•\,,11111 ' ' . I, 1 r � ��II • --- ,;:1'� !_iiia. li ' �1r r • r I IJ '11 4! :it /1�q!l vt11' ' IL,. r• !i.�11r' 1-L ti'I I 1(4A 12) 1\ •; , t 1• `t$1 ,` iff ,�1�I•r= 1__ 1 /Pritif 11:1111 FY— :i LL • 101 • 113 •� 1`'II 14N- •-• .':: -1 • i• , i k 112 _EY" FILETIC C ?E- rn4 1:1 A3 1 • r,1 • VM 110101411 • •1 :"'s:j11 4 1 1`�stl tim"sg 1F 1UtFlJtttil IIIlIMaif iJ J lsaliiiillil iisallilllHHh ltsttt}}s}}st:s:st}}4t}u}}}}}ttttat544i44444ki:54 � • • • . .•• f•..1 4 1 1 11tH 1 ..... 1==,ii11t111tit1tt1i1itt11 • Ittttttttf :.:." -r: :... a:::::t: :s ;; ;; :•J1JJutIJJili1JJiilil?J••u uu••t•llli• ••, attt}t4}}4455}}4444444455544444454}444tt4444544444 ;stt stssiiiiiii[iiiilsissssmscztss:sa:stt:::::ti r I t 3 L tJ L L ,a IL • 1i If 1' 1 II t, f1 E •i li 6 1/730 - • Su: 57.9170.0 • 1 ' a 7 C � IT PATRICK FOu&N 775/ 840 UP mop cr 20' ; •.0.4.51 a/ nasi 0 20" ,:1 T . 43C/ i .►J . 12 X38/afi:/ i�7 Oto c5 • PROJECT SITE FIG. NO. 8 WATER DISTRIBUTION SYSTEM CITY OF EAGAN ins • C.T� Qom 4mmm,'- 1r� 1))' 1::1:, 11 T -- •+ti BE 4k r :+oTcu NARK 27 10" CP3 1 1 NON 1twit w •r C.,•/:i.., _tj NAIiw • PkAgt".. r • r7.1 - + • 1 •rL,I�r+ mod, •\ lal th• 1 1 1 1 ----a • C -BB • • 11 . 3 . /, 1. ' PROJECT SITE ONINNIMIO •- FIG. N0. 7 SANITARY SEWER TRUNK LAYOUT CITY OF EAGA Y H CIT MALL JP -10 820. JP -1' 874.( BBs.[ .\I �r�r R.:0437-33.00 r+. 31P1- 70 843.0 • _ 903.3 ;1 JP 11 i TRICK EAGAN PARK ' . •J- HILLS 1. • JP -631' •954.0111 919.5 • • '1.t••40ry -9 MIL L let 89�. •LP -61.1 900.0 P-501.. 91.3••L -P-1 0:4s4v "IIA...btB7,0 • 10 • PROJECT SITE FIGURE No. 17 STORM SEWER LAYOUT • MAP CITY OF EAGAN LEOEM MOMS MAO C3t VOW mom - Mar yr smnow E..Mry) • MOW EFT .now O .wow •Mpew _ �+ row• 9100VAt wAnil impel .. ... . •bo 0 Powe woo trim* LEVU • •00.0 Agenda Information Memo September 20, 1994 City Council Meeting REQUEST CHANGE/BOW HUNTING RESTRICTION E. Request to Change Bow Hunting Restriction --The City has received a request from Norm Svien that the City Council reconsider the present ban on bow hunting in the City of Eagan. Enclosed on pages /5-OthroughlSt. is a copy of the request for reconsideration from Mr. Svien. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request from Norm Svien to reconsider the ban on bow hunting in the City of Eagan. 1 49 September 9, 1994 TO: Tom Hedges FROM: Norm Svien This letter is to express my feelings why the city council should reconsider the ban on bowhunting in the City of Eagan. After talking to several DNR officials, their feelings and also mine, is that there are too many deer to go unmanaged. Eagan is part of the Intensive Harvest Permit area #337, where a bowhunter is allowed to take up to 5 deer, 1 Buck and 4 Does. The first time a Doe conceives she will have 1 fawn, every year after that she will normally have twins, as long as the winters aren't too severe. Eagan food sources are in the woods and around homes & businesses where shrubs and newer trees are planted, which can cause complaints from citizens. A mature dominant whitetail Buck can breed up to 30 does every fall. This will continue if something isn't done to interrupt this cycle such as hunting deer to get the numbers down to a manageable and healthy level. There are no natural predators in the area to help keep these numbers down except the ones that man has caused such as motor vehicles. When 1 was given a permit in years past I have counted as many as 23 deer in just one morning of stand hunting. This is very exciting for a hunter to watch but also very disturbing because this is far too many deer for the areas. It has been said that Eagan has grown too much and become too populated to allow bowhunting but they are approving permits to hunt geese, ducks and pheasants with shotgun with which pellets will travel much farther than an arrow. I always hunt out of a tree stand which is 15 - 20' up in a tree so when I do release an arrow at a deer, it is at a fairly sharp downward angle with the distance traveled very minimal. I have never lost an arrow on a deer when bowhunting. Responsible bowhunters such as myself do not take low percentage shots such as bad angles, too much brush or running shots. Always making sure of your target and safety are the first concerns. It is not fair to the animal or myself to take a poor shot. lo There are those who think that bowhunting is inhumane and cruel, but an unmanaged deer heard can suffer severely from starvation and disease if the numbers get out of control. I have had deer die quicker from a well placed arrow than from a high caliber rifle. There is a 2 year study of wounded deer that was done by the DNR that will refute anti -hunting group charges of too many deer being wounded by archery hunting, I've included a copy of the article for you to read. The City Council last year said they would work with the DNR to have special hunts in the river bottoms where the DNR has control. But there are other areas that are private property that the DNR does not have control over where ther is a desperate need for management. The area that I want to hunt is behind Gopher Smelting & Refining Co. where I am employed as a Supervisor. This area is just as safe to hunt now as it was 9 years ago when I first hunted it. There are a lot of deer killed by vehicles in the City of Eagan, over the last four years 318. These are only the reported accidents. Deer that are killed by vehicles and are not recovered is also a terrible and needless waste of a natural resource. can not say that hunting will decrease that number, but it certainly wouldn't hurt. Vehicles that are damaged and possible injury to drivers or passengers will also cause insurance rates to go up. I'm not an insurance person but it wouldn't hurt if the City showed some concern for controlling the deer population. There are two of us on the permit application: Mike Guggenburgerp and myself which means we could take as many as 10 deer. This number is very realistic. Out of control deer population can cost a city or taxpayers a considerable amount of money to correct if the problem continues in this direction. Allowing bowhunting as a means of controlling this impending problem may be one answer and at the same time does not cost the City, DNR or taxpayers anything. It is my opinion that the city should help to keep the deer population at a safe and manageable number. Thank you. Si iinccrrerely, Norm Svien (SI itar Tribune:'Sunday/July 17/1994 OU R� DNR says deer wounds rare in be ,60.E-! &o.• /ij, seetso.•%, Ey Dennis Anderson and Ron Schara Staff Writers A three-year study of deer wounding by Minnesota bow hunters has showed the rate is lower than expected, ranging be- tween 1 and 9 percent, the ONR said. DNR deer biologist Jay McAnin- ich said the study's results will refute anti -hunting -group charges that archery hunting of deer re- sulted in high numbers of wound- ed animals. Outdoors almanac DNR wildlife biologists followed archery hunts at Camp Ripley in 1992 and '93, interviewing participants and using aerial technology to locate wounded or unre- trieved deer. DNR researcher Wendy Krueger, who conducted the study, said the Camp Rip- ley results closely resemble earlier studies in Wisconsin and New Jersey that calcu- lated wounding rates of 9 to 11 percent. In the Ripley study, Krueger said re- searchers did ground searches for dead deer after each hunt and did not simply rely on hunter interviews. Researchers also used infrared video from helicopter flights over Camp Ripley to detect the presence of dead deer. Krueger said the study's final figures will be released later. "We now know that bow hunting is much more efficient than some would have had us believe," he said. A Twin Cities group, Friends of Animals and Their Environment (FATE), had sought a ban on bow hunting in the state, claiming the sport resulted in excessive numbers of wounded deer. -FATE recently sought an environmental - impact statement before the DNR held further archery deer hunts. DNR wildlife officials turned down the request, con- tending that archery hunts were legal ac- tivities established by the Legislature. MINUTES OF.:A # ('ll;it f#::f4ll f 'flHG OF THE EAG ;'CiTY'-COUNCkii :£lagan, Minnesota .... f!teptember 6, 1994:::::.. A regular meeting of the Eagan City C ;vr&$:hek3:op.l uesday, September 6, 1994 at the Eagan Municipal Center. Present were Mayor Egan artdtiriiq'tiiibers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA Administrator Hedges noted he is d ithig permit application from Jerry Thomas. He will explain it further once he receives the applicgt#tin. He AO noted that the final plat for Cliff Lake Townhomes should be moved to New Business because the.re..ls a public hearing affecting the plat. Wachter moved, Hunter seconded a motion to adopt.the agent! : Aye: 5 Nay: 0 MINUTES OF AUot.iST:'f6, 19:94:REGULAR MEETING Councilmember Hunter noted a correction on page 8. The last paragraph should read Alternate 7 instead of Alternate 6. Hunter moved, Wachter seconded a motion to approve the minutes of the August 16, 1994 regular meeting as corrected. Aye: 5 Nay: 0 MINUTES OF AES.GO.UT:::1$, 1994 SPECIAL MEETING Councilmember Hunter requested that a Aenten:641 eadded to state that the Council concurred with his statement that the Council's ratification indica; s the committaa's commitment has been met. Wachter moved, Awada seconded a motion to approve the August.tii :t 94 special meeting as corrected. Aye: 5 Nay: 0 MINUTES OF AtiGUST 23, 1994 SPECIAL MEETING Awada moved, Hunter seconded a motion to approve minutes of the August 23, 1994 special meeting as presented. Aye: 5 Nay: 0 (A correction was later noted -on paw:?;�rtairig::tc;i#ie:PQrks and Recreation budget, by changing the sentence to read that the school district has agieed tocoiisider funding the difference between the Youth Service Coordinator position being 3/4 time ax full-time)::: IISiTt3RS 4 E ;t A• DeAnn Johnson, of LifeTime Fitness, expressed some concerns relative to the City's massage facility licensing ordinance. Some of the concerns expressed were the restriction that there cannot be anyone on the licensed premises before 8:00 a.m. and after 8:00 p.m.; the requirement that massage rooms cannot be locked; and the requirement that there must be a manager that has. residence within the City of Eagan. She noted that they are a 24 hour facility and they don't have a manager residing in Eagan. Also, the massage rooms have a lot of expensive equipment in them, and if they aren't able to lock the rooms, they would have to disassemble the rooms every evening wtpn::tt?Oecapist::IPAy.es. She also noted that she was told by the Police Department, that due to the worls<:liaad t3i0y nioukfn'1 beatable to do their background investigation for 6-8 weeks. She noted that other background investigations ,have been done for other aspects of their business, and asked whether those investigations could be i`csI.. dinated with this one to speed up the process. Administrator Hedges suggested that the company write a letter to him outlining the changes they recommend, and he will look into it. EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, 1W:.. PAGE 2 Hunter noted that the Council doesn't.like to adopt policy and implement it at the same time. The Council can take a look at the ordinance, a is .i.the ordinance.:ia:iGfianged, LifeTime Fitness can then apply for the license under the new ordinance. Thgyiyojjlcj.stilla�¢ifyfor a license under the current ordinance, even if they feel It Is too restrictive. Police Chief Geagan indicated that there are 3-4 people who are interested in changing this ordinance, noting there are many issues to consider. Councilmember Awada noted that this ordinance was written for massage parlors, and asked whether there have been any problems since the ordinance was passed. Police Chief Geagan indicated the-or4inapae.was wr.ittect.because there was a significant problem. Awada suggested a general ordinance be:Wrkiiii:tiiiialiiriffiailijOi011egitimate businesses, but doesn't get overly restrictive with the legitimate businesses. Adriinistratot: (edges Indicated he will work with Ms. Johnson on this Issue. DEPW.MENt AP 1.3* 1 SS Mayor Egan introduced this item as recognitiori . of. Cathy Sportelli and Judy Fox/Eagan Fire Community Service Award. Administrator Hedges gave a brief introduction, complimenting the Fire Department on the alcohol driving safety program for Eagan High School. Fire Chief Nelson noted that it was through the efforts of Cathy Sportelli and Judy Fox, who are spouses of two Eagan volunteer firefighters, that this program was brought to Eagan High School. He showed a news segment televised on KMSP Channel 9 on the program. Maioi::E.gan presented Eagan Fire Community Service Awards to Cathy Sportelli and Judy Fox and thanked t>ehri:fcr;fhir efforts. • CONBENT AGENt A ..: In regard to Item K, Moratorium, SqDevelopment, Councilmember Wachter requested this be moved to New Business::::;:::;:::: In regard to Item M, Authorize Advertisement for Bids, Street Sweeper, Councilmember Wachter asked why the City doesn't continue to contract for street sweeping if it is less expensive than doing it ourselves. Public Works Director Colbert stated he doesn't feel the City would save money by contracting. Councilmember Hunter asked why the sweeper is only valued at $15,000. Public Works Director Colbert responded that it was due to In regard to Item 0 Project 676, Receive Petition/Authvip Feasibility Report, Duckwood Estates - Streetlights, Councilmember Wachter asked whether ti'ie 47% o#:t to affected property owners in favor of this has changed. Public Works Director Colbert indicatet[:it has riot. Discussion followed on the city's policy for additional street lights. In regard to Item P, Contract 94-15, Approve Plans/Authorize Ad for Bids. Timberline Sanitary Sewer Rehabilitation, Councilmember Wachter asked whether the City should go ahead with this project. Public Works Director Colbert responded he feels the City will incur substantial cost savings the sooner this corrective work Is done. In regard to item BB, Award Bid, PolicepepgrtmentfMunicipal Center Expansion, Security System, Dumbwaiter and Locker Packaaes, Coun010:0105::Wiiic#0000d whether this is the same bidder. Police Chief Geagan noted there were some add'dirnal biiiders°orifhe security system, and they were all given the opportunity to rebid. In regard to Item H, Reaoprove Preliminary Plat, Gardenwbod Ponds, Councilmember Hunter asked whether this has been done before. Administrator Hedges noted that this was first on the agenda as an EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, PAGE 3 :•:•:•:•: extension; however, since the plat had expired; they changed it tPftepproval because rules do change, and the conditions may change because of it. ItIkriot unusual to heye:plats expire. The feeling is that all they need to do is file for an extension, and the approval is automatWi:.c.rouncilmember Hunter suggested a letter be sent to the developer expressing that the Ciiiiir4Ope01$ie to do business that way, and that they need to file for an extension before the plat expiWliferand Egan concurred. A. Personnel Items Item 1. It was recommended to accept Ihe...rP4!1:1!1tion of Jill Eberlein, Clerical Technician III in the Engineering Division. Item 2. It was recommended to accept the resignatiaiii:•:6f Donncilfollins, Sign Inspector In the Community Development Department. . .... ...•.•.•.• Item 3. it was recommended to approve tbe- of 14ihtite0:;.;irice as a building inspector. :::•:•:•:-:•:••• • Item 4. It was recommended to approve the hiring of Debra Isaacson, Jon Cunningham and Vincent Laschiavo as seasonal park maintenance workers. B. Plumbers Licenses. It was recommended to approve the plumbers license for EconoPlumb, Inc. and Village Plumbing as presented. .•.•.•.•.•.• • C. Resolution adopting a Comprehensive Giiide:Pleii:4*ndment for the Connelly/Soderholm Proposal. It was recommended to approve the resolution arrending:itie:brirnprehensive guide plan for the NW corner of Lexington Avenue and Diffley Road from D4 :.(single family residential) to NB (neighborhood business). D. Resolution adopting a Comprehensive:•04idt:Pleri'amendment for Elementary School #18. It was recommended to approve the resolution eirieriding the comprehensive guide plan for Elementary School #18 from D -I (single family residential) to NB (neighborhood business). E. Final Plat. Town Centre 70 - 17th Addition. It was recommended to approve the final plat for Town Centre 70 - 17th Addition. F. Final Plat. St. Charles Wood. It wai.:.fe.igittl.i:ileridedtQ .00ove the final plat for St. Charles Wood Addition. G. Final Plat. Cliff Lake Townhomes. This Item wa.:iiiioved to New Business. :...•.•.• H. Reapprove Preliminary Plat. Gardenwood Ponds. It was recOi4iinended to reapprove the preliminary plat for Gardenwood Ponds of Eagan until July 19, 1995, subject to the additional condition that the wetland Impacts that occur in a given phase of the plat must be mitigated as part of that same phase or part of an earlier phase. 1. Final Plat, Crestwood Addition. It was recommended to apprpve the final plat for Crestwood Addition. J. Final Plat. country Hollow 3rd Addition.:::If#0.1mtided3o approve the final plat for Country Hollow 3rd Addition. ......•.• K Moratorium. Southeast Industrial Development. This iterri.*AS moved to New Business. EAGAN CiTY COUNCIL MINUTES; SEPTEMBER 6, PAGE 4 L New Manager, Holiday Inn, 2700 Pilot 'Knob Road. It w3?;' recommended to approve the revised management Information for the liquor Iic2rise for the Holiday:lnn located at 2700 Pilot Knob Road for Richard Rubesch as presented. M. Authorize Ad for Bids (Street Sweeper). It Vias' iat ommended to authorize the advertisement for quotations for a new street sweeper to replace Unit #138. N. Authorize Land Acauisition Process (Deerwood Reservoir). It was recommended to authorize staff to proceed with the acquisition of the land use:tnr..i ie: uXure ,R eowgod Reservoir. 0. Project 676, Receive Petition/Authorize Feasib r'f :ReportEPRUckwood Estates - Streetlight:1 It was recommended to receive the petition and authorize the preparation of a feasibility report for Project 676, Duckwood Estates streetlights. • • P. Contract 94-15, Approve Plans/AuthorizS:Ad:(r'i3r$id fT(>' ranine Sanitary Sewer - Rehabilitation It was recommended to approve the plans for Contract 94-15 andauthorize an advertisement for a bid opening to be held at 10:30 a.m., on Friday, September 16. 0. Contract 94-02, Receive Bids/Award Contract (Violet Lane, Yankee Doodle Road and St. Francis Woods). It was recommended to receive the bids for Contract 94-02; award the contract to the lowest responsible bidder, omitting the St. Frant~ja;Woods storm sewer segment from the contract award; and authorize the Mayor and City Clerk to exec*aU.aetated documents. R. Contract 94-13, Receive Bids/Award Contract (Munfcibaf Cgpter Grading, Streets & Utilities), It was recommended to receive the bids for Contract 4-13 and.avvai he contract to Imperial Developers in the total base bid of $618,622.90, including Aiternat i:• ::::::::: S. Contract 94-06, Approve Change Order:2.tWilderness Run 1-4 Additions, Street Reconstruction), It was recommended to approve Change Order #2 to Contract 94-06 and authorize the Mayor and City Clerk to execute all related documents. T. Contract 92 -FF, Acknowledge Completion/Authorize City Maintenance (Burr Oak Hills 3rd Addition Streets & Utilities). It was recommended 0.*;11**.I0.0ge:.00mpletion of Contract 92 -FF and authorize perpetual City maintenance subject to refi rtes Waitarii :Pf.'oytstaits. • U. Contract 93-0, Acknowledge Completion/Authorize City MZtenance (Four Oaks Estates Utilities). It was recommended to acknowledge completion of Caritract 930and authorize perpetual City maintenance subject to appropriate warranty provisions. V. Contract 90-J, Acknowledge Completion/Authorize City Maintenance (Summer Place 2nd Addition Streets & Utilities). It was recommended to acknowledge completion of Contract 90-J and authorize perpetual City maintenance subject to appropriate warranty provisions. W. Contract 93-A. Acknowledge Completion/Authorize City M¢'cj3ienance (River Bluff Townhomes Utilities). It was recommended to acknowledge compfetion,Qf Contract 93=A and authorize perpetual City maintenance subject to appropriate warranty X. Contract 93-16. Approve Chance Order #3, Lexington Diffley Athletic Site. It was recommended to approve Change Order #3 for Contract 93-16, in the amount::pf $3,141.60, increasing the revised contract amount to $805,352.01. EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, PAGE 5 Y. Resolution Requesting/Outlining Eagan'616articipation in Enhanced 9-1-1 Funding. It was recommended to approve the resolution. 2. Final Planned Development Agreement. 41'6 : •OAr(i06:*Twelfth Addition - Mann Theater. It was recommended to approve the final planned developiitient' agreement for the Mann Theater. AA. Award Contract. Fire Department Heavy Duty Rescue Vehicle. It was recommended to award the bid for the Fire Department's heavy duty rescue vehicle to SVI in the amount of $231,898. BB. Award Bid. Police Department/Municipal eittiKg iatisi iri • curity Systems, Dumb Waiter & Locker Packages. It was recommended to accept the bids f*.the secwity systems, dumb waiter and lockers and benches, reject the bids for lockers and benches and'award the:fiids for dumb waiter and security systems to the apparent low bidders as presented. CC. Gambling License Exemption/Ducks :Uhli i;ited` Et iiv36;:tegommended to approve a resolution for an exemption from the lawful gambling license requirement:for the Eagan chapter of Ducks Unlimited as presented. DD. Project 675. Receive Feasibility Report/Order Public Hearing (Red Oak Addition Streets & Utilities). It was recommended to receive the feasibility report for Project 675 and schedule a public hearing to be held on October 4, 1994; and approve plans anii.spec►fications/authorize advertisement for bids for Contract 94- 16 (Red Oaks Addition Streets & Utilities anid:$t;: tancis Woods Storm Sewer) and schedule a bid opening for September 30, 1994 at 10:30 a.m. EE. Resolution Adopting Stipulation of Settiemejt. it was::re aMmended to approve the resolution. • Wachter moved, Hunter seconded::a: iiic ion to approve the consent agenda. Aye: 5 Nay: 0 P.L BUC:HEARINGS ................................................ ................................................ VACATE PORTION OF PUBLIC RIGHT-OF-WAY & EASEMENTS (MENDOTA ROAD) Mayor Egan introduced this item:tl ;v2cc;afio15;cy::a:pos>ion of public right-of-way and easements for Mendota Road. Administrator Hedges:iii3t:et3 >i ai ktiiki tf ist3t§:vacations are being considered together; however two separate petitions were received for diff rent portions of Mendota Road, and two separate actions will be needed. Public Works Director Colbert indicated he fiefs these both be discussed together because they are so closely related. He explained the location of both tst'fhese requests. He noted that one of the requests is adjacent to Lots 6 and 7 of the Robert O'Neil homestead; and the other one is adjacent to Lots 7 and 8 of the Robert O'Neil homestead, and includes utility easements. He noted that People's Natural Gas has a pipeline running down the Mendota Road right-of-way, but he has been informed that they were able to secure a private easement for the pipeline from the property. :owners. Regarding the vacation of the utility easement, it runs through the old Contract Beverages building, that likely happened with one of their expatisiOtIpc cts;:.37le.is;.boncemed about that, because it Is a major trunk watermain. If it were to break, it wotifataii§e'fioUrii32ifk rprablems for the structure and would be very difficult to repair. They have found discrepancies in the locatiart; legal description and conveyance of the easement. He feels more research needs to be done to rese0.?e0e discrepancies. There may be a need to relocate this watermain. He suggested that the Council continue consideration of the vacation of this easement to a later date. EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, 1Pr::. PAGE 6 Mayor Egan opened the public heairhg to public comrnent. Since there was no one wishing to speak to this issue, he closed the hearing tepublic comment. ::•:•:•:•: Councilmember Hunter noted that siri i2::>i $ git 3wner is not aware of the utility easement discrepancy, he doesn't feel that portion of the pubii6:64 'rig be closed. Wachter moved, Masin seconded a motion to continue the public hearing and defer action on the vacation of that portion of the Mendota Road right-of-way adjacent to Lots 7 and 8 of the Robert O'Neil homestead. Aye: 5 Nay: 0 Awada moved, Hunter seconded a. rT.kotion..to close the public hearing and vacate that portion of Mendota Road adjacent to Lots 6 and 7 ot::th0: flab ('' I *'' as described and authorize its certification to Dakota County. Aye: 5 Nay: 0 "' VACATE PORTION OF PUBLIC RIGjfT-OF-WA1(:4BLACKHAWK ROAD) Mayor Egan introduced this item a lyie:vdcatiop.: f:a:pgtion of public right-of-way for Blackhawk Road. Administrator Hedges noted that a petition was red to consider this vacation adjacent to the proposed Cliff Lake Townhomes development. Public Works Director Colbert explained the location and noted there is a 59' excess right-of-way that is proposed to be vacated and incorporated into the Cliff Lake Townhomes plat. In reviewing the application, he noted there is a watermain::that. puts the corner at the intersection of Blackhawk Road and Cliff Lake Road. Looking at the long termrtraiftc:prooec:tion for this intersection, he anticipates there may be a need for future signalization of this intersectiotti:::Thetefore,• staff recommends that 49' be vacated rather than 59' as requested, to accommodate future greeds. Mayor Egan then opened the public hearingf.Qr:pttblic:comment. Since no one offered testimony, Mayor Egan closed the hearing to public cQtnrieiif::::.:..'. • Awada moved, Wachter seconded a motion to close the public hearing and approve the vacation of Blackhawk Road with the description modified to reduce the vacation from 59' to 49' and authorize its recording at Dakota County. Aye: 5 Nay: 0 FINAL ASSESSMENT kt.EAR:4NG::(N<OQDL.ANDS N 3RD ADDITION) Mayor Egan introduced this item as Project:648, Final Assessment Hearing for Woodlancls N. 3rd Addition Streets & Utilities. Public Works Director Colbert explained the iiiiprovemaiifii, and noted that the final assessment roll was prepared in accordance with the feasibility report. He noted -that notices were sent to affected property owners, and he received an objection from the owner of Parcel 01102. That property owner objects to the amount of assessment based on the amount of benefit received. Mayor Egan then opened the public hearing to public. T ment. Cydney Welter, owner of Parcel 01402, noted that ::oii• June 1, 1993, she requested that the assessments on her parcel be postponed..::::::T ief :A:: ;: t?dfill: on a portion of her property and it is undevelopable. It was to be further revieiued;:i'itI#::#t2ii't::bin since that time. Public Works Director Colbert noted there has been no further action on that request. because they have no information that meets the criteria to postpone the special assessment. He noted tha. esterly portion of this area was a low area that was filled with demolition landfill. The rest of the parcel is:taevelopable. Ms. Welter clarified that this is split into two parcels. She noted they had to purchase the easterly parcel because of the clriveway EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, PAGE 7 . •• easement. She indicated she has talked to several developers ariaThey all say it is not developable because of the landfill. She has a lot of information*:ign the Minnesotar;Pcllution Control Agency and letters from developers stating they won't develop it. TYhlS.aSsessment creates a huge financial hardship for her family and they will receive no benefit. Mayor Egan asked whether this issue is time sensitive. Public Works Director Colbert indicated it Is not. Mayor Egan recommended action on this be deferred until this issue is cleared up. Hunter concurred, and recommended that Ms. Welter convey any documentation to the Public Works Director. Wachter moved, Masin seconded a motionlra.oQntjnMe this to.Qctober 18, 1994. Aye: 5 Nay: 0 ESS-..• Administrator Hedges noted that relative to ttte special hunting permit for Jerry Thomas, he received word that he is withdrawing his application, EAGAN CIVIC''AOENA present. Mayor Egan delayed discussion on this because members of the Civic Arena Committee were not W BUSINESS CERTIFICATION OF PROPCS.P©:095.:PROPERTY TAX LEVY PROPOSED 1995 BUDGET/TRUTH 14:TAXATION HEARING DATES Administrator Hedges stated that the Cify Cc unc reviewed the preliminary draft of the 1995 budget on August 23rd and noted that there will beano p opi rty tax capacity rate increase, and the budget increase Is under 4.5%. He reviewed the propose;i rUth in Taxation dates and noted that if any member of the public has questions or concerns, they can be addressed at the hearings. Mayor Egan added that once the proposed budget is adopted, the amount can only be reduced; it cannot be increased. Hunter moved, Wachter seconded a motion to authorize the certification of the proposed 1995 budget and the 1995 property tax levy. Awada seconded a motion to set the Truth in Taxation hearing for Decembei:44ie: i it iQti hseiiiring for December 14 and the subsequent hearing for December 19 if needed. Aye: 5 Nay: 0 :Wachter moved, Awada seconded a motion to change the date of the first regular City Council meeting in tecember :ir:orri Tuesday, December 6, to Wednesday, December 7. Aye: 5 Nay: 0 EAGAN CIVIC ARENA' Mayor Egan Introduced this item as the Eagan Civic Arena project. Administrator Hedges gave a brief history of this project and the financial commitment to be made by the City based on the goal reached by the Civic Arena Fundraising Committee of $600,000 in private :contributions. He explained the work of the two Council subcommittees to keep the project within the:1:<9 million budget and verify the pledges of the CMc Arena Fundraising Committee. Councilmember Htiriter noted that the verification was very thorough and detailed, and the results wet :ilei bs :t4.i!•ie:. Ommittee's report. Mayor Egan stated he Is confident that the City has put togetheri:4646ii:Pibi4efiliiitwill lead to the construction of this facility within the budget, and one the community will be proud of....:.:.: Councilmember Wachter indicated he has concerns abut going ahead with the wading pool right now. He indicated he would like to see how the bids come in on the Municipal Center, Police Department EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, 199Q•:•:•;•:•::::::::;:::::::: ; ::•::;::::::.:. PAGE 8 and Civic Arena and take that into conside;iation before going $lmead with it. Councilmember Awada complimented the committee on their fundr*Oing effort. Hunter moved, Awada seconded a.'n tkcr•to.:a csiiiiledge that the Civic Arena Fundraising Committee verification has been completed; direct:kiti;3f4i4:bfds exceed the budget, the City Council shall determine how the project will be financed at the time the bids are received; and that the Civic Arena Fundraising Committee is authorized to collect the pledges. Aye: 5 Nay: 0 Wachter moved, Hunter seconded a motion to authorize plans and specifications with specific direction relative to a base bid and alternates. Aye: 5 Nay: 0 Mayor Egan complimented the comm'iitee; •at le tate8•fia i?els the community really came together on this project. The community was presented with:e:aalleng ;9ir►d the challenge was met. There was a great level of cooperation and coordination. The. committee deserves a tremendous amount of congratulations. APPOINTMENT/DAKOTA COUNTY ECONOMIC:DEVELOPMENT PARTNERSHIP BOARD Mayor Egan introduced this item as appointment to the Dakota County Economic Development Partnership Board. Administrator Hedges noted that the bylaws of the Dakota County Economic Development Partnership entitle the City of Eagan to appoint a representative to their Board of (Directors. Councilmembers Wachter and Masin expressed an interest in serving on this board. Egan moved, Hunter seconded a motion to appoint CouncilmbOil Wachter to the Dakota County Economic Development Partnership Board of Directors, with CouncilmeirttDes:i • eslh..as an alternate. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/R. J..RYAN:tCONSTRUCTION Mayor Egan introduced this item as.:g Eor itft naf use permit for R.J. Ryan Construction, to allow a truck and freight terminal in an 1-1, Li t:1riaiustrial district, located on Lots 9, 10 and 11, Block 2, Eagandale Center Industrial Park No. 2. Administrator Hedges noted that the Advisory Planning Commission held a public hearing on this and recommends approval subject to a number of conditions. Community Development Director Reichert explained the location and proposal. Awada moved, Hunter seconded a motion to approve the..cc d.ifional:.use:.permit.for R.J. Ryan Construction, subject to the following conditions: 1. This Conditional Use Permit must be recordi c#;with Da3coia County within 60 days of approval with documentation supplied to the City. 2. A Lot Combination Agreement combining Lots 9, 10 & t f;:Block 2, Eagandale Center Industrial Park No. 2 must be recorded with Dakota County within 60 days of approval of this conditional use permit, with documentation supplied to the City. 3. Rooftop mechanical equipment must not be visible froon..any right-of-way line. 4. The development must submit a detailed grading, drain* and erosion control plan for City review and approval with the building pgrthi[.sbriuttal;::; • 5. The development must construct a storm sewer system•that will collect the runoff from this site and convey the storm water to the existing storm sewer iiaern on Lone Oak Circle, 6. The sanitary sewer service shall include a manhole at the right-of-way line of Lone Oak Circle. concrete aprons with a keep the lot functioning 9. The developer will submit a revised site plan indicating 10' parking stalls and the location to be used for proof of parking. 10. All trash/recycling shall be locatediii0.1tiiili:woioio • Aye: 5 Nay: 0 .•.•... PLANNED DEVELOPMENT.AMENDMENT/WEST PUBUSHING COMPANY :::.:.:.:•:•:.:..•••:.:•• Mayor Egan introduced this item *as a PlannecrbeVelopment Amendment for West Publishing Company, to revise the Preliminary Development Plan for Phase II to allow 450,000 square feet of office space In lieu of the previously approved 740,000 square foot manufacturing/warehouse building and final development plan approval to allow construction of a 318,000 square foot expansion of the existing six -story office building as Part A of revised Phase II within the West Publishing Campus located north of Wescott Road, west of State Highway 149 in Sectip,.. Administrator Hedges noted that the Advisory Planning Commission held a public hearing on this 'ori:*i:40Ty.:gp, and recommend approval subject to conditions. • Community Development Director Reici.0.11 expiairied•the location and proposal. She noted that the Pollution Control Agency has approved the chariOs to.their:iriOlt source permit. Hunter moved, Awada seconded a motion to approve an amendment...0.::11*prOiti4iiiry planned development Phase II for West Publishing to allow 450,000 square feet of.j;itr.4:0466 in lieu of the approved but undeveloped 740,000 square foot manufacturing and warehout•bbilding, In the northeastern portion of the West Publishing campus in Section 13, subject to the following conditions: 1. Documentation is provided to the City confirming MPCA's consent to allow West Publishing to implement this design change to ISP 90-17. • 2. Execution of an amended Planned•DeN:ielOpmea.Agreement document. ••.• - • • ••••• 3. Final Development Plan approval of Part B e•*the revised Phase II. :::•:•:. :.::•:•:. Aye: 5 Nay: 0 Hunter indicated he is appreciative'&:what WW:Publishing has done for the community. .:•:•:•:: Hunter moved, Masin seconded a motion to approve a final development plan for Phase II, Part A, consisting of a 318,000 square foot expansion to the existing six story building, subject to acknowledgement from the MPCA allowing West Publishing to implement the revised Preliminary Development Plan as a minor design change to ISP 90-17. Aye: 5 Nay: 0 ....•.•. CONDITIONAL USE PERMIT/NATIONAL•PROPANE COMPANY • Mayor Egan introduced this Iterriiiii:i4ohdkiOnafilieliermit for National Propane Company, to allow outdoor storage of a propane dispenser on Lot 1, Block:1, SuperAmerica Addition. Administrator Hedges noted that the Advisory Planning Commission P a public hearing on August 23 and recommended against this request because it doesn't meet th6itandards for outside storage. Community Development Director '!'eichert explained tiie:.Iocation and request. She noted that outside storage requires screening, and beo iise it is a propar .tank, it is difficult to meet those standards because it cannot be enclosed. The Plannfrig.t ammission's.:cpncern was that it is on one of the most visible corners and in the area proposed for the: pW tt*rt.vts on. They felt this is not the proper location for this type of activity. Jeremy Meyer, representirig•5ifpefAriierica noted that he has seen pictures of other propane tanks installed by National Propane, and they landscape it so it is nearly invisible. He noted that the regulations for outside storage state it must be attached to a building, yet the Fire Code states propane tanks must be 60 feet away from any building. Since the ordinances conflict, it is impossible to install one in the City of Eagan. Discussion followed concerning an existing pane tartl.iat Diffley and Nichols Road and whether It was Installed before or after the ordinance was 6hanged. kirtiter stated he feels if another one was allowed to be installed under this ordinance, it wpj141 be arbitrary to turn this one down. After some discussion, it was determined that the situations..we,' i.lifferent:: i:* Councilmember Wachter asked if there is a need for:this. Jeremy Meyer stated they get requests every day from people asking if they provide propane. Councilmember Hunter stated he feels there is a need for this, and he disagrees that it is impossible to have a propane tank in the city. He noted that safety is another issue with the proposed location being so close to a busy intersection. He questioned the use of a cedar enclosure. He feels brick would be more appropriate. Awada and Wachter concurred that there is a need for this type of service.• Discussion followed concerning where the be. t.l cat.ton would be for this propane tank, and how the fence should be constructed. Councilmember Hunter -41616d tfiat the Planning Commission stated this request does not meet the requirement of bein compatibiR:. ith the general vicinity and not change the character of the area or substantially diminish. pi::irtip*:psoperty values; however, It wasn't stated why it doesn't meet that criteria. Community DeyefopI .e it:birector Reichert noted that this intersection is in the heart of the city proposed for urban design::: -They felt it was inappropriate to put the propane tank in such a dense area. Mayor Egan stated he doesn't see why the Council would turn down a request for this SuperAmerica Station, but grant one for another SuperAmerica Station. Wachter stated he doesn't have a problem with ft as long as it is constructed with compatif?i :ma19.#4 ..2t?d:14ndseaped. Community Development Director Reichert noted that the applicant proposeri:i3: fiit:oet3gt:veave fence, and the Fire Marshall stated that was acceptable if it is 4 feet away from the tank ancd•on two sips only. Awada stated she feels it should be a brick fence with trees around it. Wachter concwtrfAd, statirig:1t should be a 6 foot brick fence. Hunter noted the report states the Fire Marshal 'prefers" it 10 a two sided. Awada stated she feels it should be three sided, with a partial fourth side on each end. Hunter moved, Wachter seconded a motion to approve the conditional use permit for National Propane Company, subject to the following conditions: 1. This conditional use permit must be recorded with DakgFa County within 60 days of approval with documentation supplied to the City. 2. All State of Minnesota Fire Codes: h t►st >,iA. t or it3ec .w tt�• 3. All landscaping must be in conformance with Chapter...i.., Subd. 15. 4. The fence shall be 6' high, constructed of brick, and three sided, with a partial fourth side on each end, subject to approval by the Fire Marshall, and located no Tess than 4' from the propane tank. EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, PAGE 11 5. The site plan must be revised to reflept;he "no parking marking area. 6. The site plan must be revised to more: deer >idefl dispenser. • 7. No signage shall be permitted on the fence. sign locations and the no parking pavement t3fy the bollards around the entire propane 8. The fence shall be constructed of ¶r:1: :th:texlift. aufra4. or brick. FINAL PLAT/CLIFF:OCE TOWPOMES Mayor Egan introduced this item as:t>:ie:th&t• plat:fcr&:C3if#:take Townhomes. Public Works Director Colbert noted that because the vacation was adjusted, the final plat will need to be modified as well. Wachter moved, Awada seconded a motion to approve the final plat of Cliff Lake Townhomes, subject to modification of final plat documents to reflect the revised right-of-way. Aye: 5 Nay: 0 Aye: 5 Nay: 0 MORATORIUM/SOUTHEAST INDUSTRIAL DEVELOPMENT Mayor Egan introduced this Iterrt:•:ad::;�e:; ttPoratorium on southeast industrial development. Administrator Hedges indicated he received a Ietter.:fiorn :Wool Machine Inc. objecting to this request. Community Development Director Reichert revieiiited the hitory.of:and reason for this request. The Council directed that a land use study and a potential cOOprehepslve:pfa amendment be initiated. When this has been done before, a moratorium on developi1 Gr t::wass established until the future of the area was determined. If the Council gives this directipn;:a:Oiet; hearing will be held before the Planning Commission, and wilt be back to the City Council for consideration on October 4th. She noted that the letter from the Woods is objecting to the potential rezoning. It will be several months before that issue comes before the Council. Her office has also received a lot of phone calls from residents of that area who are concerned about the noise from the Gun Club. She pointed out that even if this area gets rezoned, non -conforming uses will still be allowed to exist. Mayor Egan pointed out that nonconforming uses cannot expand, and that is what the Woods wish to do. Counpi inembet Wacht essed a concern about the lead content of the soil at the Gun Club. Gary Wood, of Wood Machine, Inc. indicated::fhe and th neighboring businesses would like to be In on the discussions of what will happen in this area::Councilpember Hunter noted that the Council has always been open and holds public hearings on almosf everything;: The reason they haven't heard anything Is because nothing has happened. The property owners will be notified when the public hearing process starts. There is nothing going on behind the scenes. Mayor Egan stated he feels this needs to come to a conclusion, and the way to do it is to undertake this study. Kevin Mellon, owner of Magnum Towing, indicated hi> :btJsiness has been in Halley's Addition for approximately eight years with a conditional use permit. The 12i 1 year and a half, their presence there has been in limbo. When the school board decided. o0Otaka.the.property, he and the property owners came to terms on the purchase of the property I :tf te::build#tig, and arranged for financing. He needs to apply for a building permit so they can'gef the bijitdfrigtboilt by mid-October. Because of his contracts with the state, county, and surrounding municipalities, they need the building on that lot. He has looked at other sites, but he wouldn't be able to fulfill all of their contracts at another site. Mayor Egan noted that even if It is rezoned, his company can operate as a non -conforming use. Mellon responded that he needs to get the building up this year as part of the financing. After considerable discussion, City Attorney Sheldon EAGAN CITY COUNCIL MINUTES; SEPTEMBER 6, 13C$!t?;:•: PAGE 12 reminded the Council and audience that thr~;3ssue before the Council is a policy issue, and Mr. Mellon is discussing his individual land use issue. The:sse. to be discuss i;is whether the Council should direct staff to prepare an interim moratorium ordinance :t::udy::tthi001. After more discussion concerning his property, Mr. Mellon urged staff to not establish*itbildiii. John Oberg indicated he would like to be brought into the discussions on this study. He noted that banks don't want to finance properties that are non -conforming uses. Also, as a non -conforming use, he cannot be competitive In the marketplace and..he.?n't make leasehold improvements to his property. City Attomey Sheldon again reminded the Coc#Cif:2tiic3:gWdiaie:tttt this discussion is trying to debate an ordinance that is not in existence. The action 'r4400' 1sfo is sect staff to prepare the ordinance. The argument against the ordinance should occur at the:#it]blic heififig. Hunter suggested that any input on the drafting of the ordinance should be given to Atgft, After ,mare discussion, Hunter moved, Wachter seconded a motion to direct the initiation of an intecirkiicilinancs.; stablishing a moratorium on development in the southeast industrial area pending a ciis>'ipietion Of:.. ::t fi'iprehensive plan evaluation. Aye: 5 Nay: 0 GISLATIVE/INTERCOVERNMENTAL AFFAIRS IUPDATE Councilmember Hunter gave a report on the Site Selection Task Force, noting they discussed the criteria for selecting a site, and will be narrowing down the sites and making a recommendation. He noted that boundary changes are also being discifs+ ROlJND"TAt0::.• Administrator Hedges noted that Mayorgortl.40.t.CCOOriCilmember Awada will be speaking to the Airport Relations Committee on September::t:3t#i.:. t 7:00 p.m. to provide an update on the N.0.1.S.E. Conference. He noted that Councilmemp ':Awada and Hunter will be meeting with John Ruggieri on September 23rd at 7:30 a.m. He indicatedthere is a need for a special workshop on September 27th at 5:00 p.m. to discuss the building expansion and meet with the Burnsville City Council and the Joint Cable Commission at 7:00 p.m. Councilmember Hunter noted he is interested in seeing a position description for the Cable Coordinator. Wachter moved, Awada seconded a motion to set a special Council meeting on September 27, 1994. Aye: 5 Nay: 0 Councilmember Wachter thanked the Public,Works Director for writing to MnDOT requesting a special speed limit for trucks. He also mentioned that:eonsider: ll n should be given to increasing building permits fees. He noted he has been getting compl lilts abou€ :tie Blackhawk Road construction project. Public Works Director Colbert responded the profeii got de{*d due to the lowering of the Williams Pipeline. The curbing should be installed this week. Wachter irti;kated he has received reports that Aagard Environmental Services is operating as a transfer station. Administrator Hedges noted he has been checking into that situation, and will continue to do so. Wachter referred to the information on future downtowns received from Councilmember Masin. He feels someone should go to this seminar. Awada indicated she would like more information on the seminar to see if it is on creating future downtowns or revitalizing old downtowns. The Council asked the City Administrator to 000 into this further. Administrator Hedges indicated he can check on other seminars as well. Mayor Egan asked about the invion er:tiie:titarid::bpening of LifeTime Fitness and whether it is appropriate for Council members to attend. Administrator Hedges noted that the City of Eagan Gift Policy is very conservative, and upon checking with the City Attorney;* Sheldon recommended against attending and further recommended that If Council members do attend, €flay not accept any food. Mayor Egan noted that this is a community event and Council members try to be accessible to the public, so he feels Council members should be a part of this event. Wachter moved, Egan seconded a mct,oj.approvegigi checklist dated September 1, 1994, in the amount of $2,419,269.61. Aye: 5 Nay: 0 ADJOURNMENT Masin moved, Egan seconded a motion to adjournthe meeting at 9:49 p.m. Aye: 5 Nay: 0 •.• • • • Date DLP Clerk ff you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the polioy..that all persons have equal access to its programs, services, activities, facilities and employment with* 7-4r.cl. to race, color, creed, religion, national origin, sex, disability, age, marital status or status with.rega.-4tO:Oubli.c pssistance. • • MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL, . .................. E$ya i :Mi itti26iFite:.:.:.:.: •:: Se .ember 6, 1994 A Special City Council meeting was.;#ield on Tuesday;:; September 6, 1994 at 5:00 p.m. in the lunchroom of the Eagan Municipal Center. Those i# attendanc,e.w r4 Mayor Egan and City Councilmembers Awada, Hunter, Masin and Wachter. Also present :Parks::arid Recreation Director Ken Vraa, Finance Director Gene VanOverbeke, Police Chief Pat Geagan, Community Development Director Peggy Reichert, and City Administrator Tom Hedges. REVIEW PLANS & SPECIFICATIONS/CIVIC ARENA PROJECT REVIEW RESULTS OF REVENUE VERIF;fCA' '1 1::FOR::THE:f=J4GAN CIVIC ARENA CAMPAIGN Administrator Hedges gave a brief Introduction;: ezplaining:tht the Council subcommittee formed to review the design and development plans for the Ciyic Arena rpOt on August 30 and reviewed with the architect a variety of altematives to be considered to stay the:$1.9 million budget. He also noted that the verification of the Civic Arena Fundraising: pledges t>as been completed. He stated there are several policy decisions that need to be made, one of va?iieh is°whether.fxe architect fee reduction of $34,000 should be included as part of the fundraising goal. Councilmember Hunter noted that the Council needs to acknowledge the successful completion of the fundraising verification. He noted that the report is very thorough, and he feels the Finance Department did an excellent job of verifying pledges and evaluating the various risks. Administrator Hedges added that once the Council acknowledges the fundraising::gbal,. the Civic Arena Fundraising Committee can start to collect pledges. Parks and Recreation Director Vraa reviewed the reductlons that were already made at the schematic phase, and possible additional items that::can.be: bili: gs2ilternates to allow maximum flexibility and still stay within the budget amount. Paul Dahlberg, of ACC, showed slides of various building exteriors. After some discussion, Councilmember Wachter stated he feels the City should go ahead with competitive bidding. Other Council members concurred. Mr. Dahlberg then reviewed the plans, and explained how they can slightly reduce the size of the building to reduce costs. By taking three feet off of the building, a youth locker room would be eliminated, along with the storage area for ;one of the locker rooms. The seating capacity would be reduced to 500. Councilmember Awada asked whether the elevator is necessary for ADA regulations. Hunter concurred, inquiring why an elevator would be needed if.adequate taeilities are provided on the lower level. Mr. Dahlberg indicated that ADA regulations recommerid:an elevator; however, he feels It will be made a requirement in the near future. The plans call for the elevator shaft, and space for mechanical equipment; the actual elevator could be added later. It would be much more expensive to add an elevator later if space is not provided at this stage. Hunter suggested the shaft be put in, and install the elevator at a later date. Wachter concurred, noting he received a call from Mike Gresser indicating he would like to take the place of E & V as construction manager. Administrator Hedges noted. that Mr. Gresser couldn't be both the construction manager and a bidder. Some discussion followed. Councilmember Wachter asked why the::ar.c pc i:is::preopgsing to make the building smaller. Mr. Dahlberg stated he feels the larger project may.:riot:.stay: tiiithrin :tti:Oudget. He doesn't think the smaller design will jeopardize the use of the facility. Mr. Dahlberg reviewed some of the::ttiings that could tiii done to reduce costs. Some of those Included using block instead of ceramic tile ln.3he restrooms; owing the concrete for the seating, but not Installing the benches until a later date; ch2r4mg the roof to :::long span steel Joist roof; leaving out Installation of the elevator to a later date; redu .the .Si?e..c f #je:building by three feet; and eliminating the scoreboards, but Install the electrical for them. Ttta:rouid:#ittng the budget to approximately $1,895,500. Mayor Egan asked what the insulation value difference is between the two types of roofs. Mr. Dahlberg responded the insulation factor is the same with either roof. A preliminary budget was distributed and discussed, along with a discussion on the alternates. Mayor Egan noted there is nothing in the budget for equipment for offices and concession area$:::3A!achtet;etate4.iie; ioesn't feel the concessions should be eliminated. He feels concessions could play. a.:faTge:; of K.Oiether the project is successful. Some discussion followed on the type of equipment that be needed for concessions. Councilmember Awada suggested that used restaurant equipment be.used. Mr. Dahlberg reviewed the project schedule. Administrator Hedges noted that the: iesigri serv►ces;iiacluction by ACC in the amount of $34,000 was included by the Civic Arena Fundraising Committee as part of the money raised. The committee also included the reduced amounts of prospective bidders. It is unknown whether these companies will bid, and whether they will be the low bidder. The Council needs to decide whether these amounts can be included In the fundraising goal of the committee. Councilmember Hunter stated he feet>:the:City needs to proceed based on the committee's word that the amounts are good. He feels the commiitee:tias:done their job, and the amount exceeds their goal. He feels that the reduced bid amounts are part of. a. work package, noting that if a bid comes in high, the committee is not responsible for the overage, sci they shouldn't:: be able to claim bid reductions either. Awada and Egan concurred. Wachter stated he feels .competitive bidding will take care of the reductions. If someone else wants to bid lower than that prp0Sed::by�:these companiess, the community will be even better off. Masin concurred. Hunter reiterated:::that the audit was very thorough, and the Finance Department did an excellent job of analyzing these pledges. Administrator Hedges referred to the discrepancy in the audit relating to Coca-Cola's pledge derived from concession sales. Brad Schmidt of the Civic Arena Fundraising Committee indicated they have made attempts to clarify that pledge, but haven't been able to confirm it yet. The meeting adjourned at 6:30 p.ni':••": DLP Date City Clerk ff you need these minutes In an alternative form. sup as.lar,g prinl,,.braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagen IN 5$122;:(: 6,1-4600, (TDD phone: (612) 454-8535). The City of Eagan Is committed to the policy that all persons have:Otaual access to its programs, services, activities, facilities and employment without regard to race, cc i, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance.