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09/06/1994 - City Council RegularP AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING September 6, 1994 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) JI. 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) A. Recognition of Cathy Sportelli and Judy Fox/Eagan Fire Community Service Award 6:55 - CONSENT AGENDA (PINK) V. 3t( AB. (:(0 c. i D. � E. r In F. H :)4. 3,40. 3LP. r3 -1Q. 4,•31R. LI( S. P'' + lI p • `'1 7 T . f,4 Ju. 4SV . (2,q ( w r X. TT —1 Y. PERSONNEL ITEMS LICENSES, Plumbers RESOLUTION adopting a Comprehensive Guide Plan amendment for the Connelly/ Soderholm proposal. RESOLUTION adopting a Comprehensive Guide Plan amendment for Elementary School #18. FINAL PLAT, Town Centre 70 17th Addition, (Boston Chicken, Payless, Kinkos) FINAL PLAT, St. Charles Wood, (Slaters Road) FINAL PLAT, Cliff Lake Townhomes REAPPROVE PRELIMINARY PLAT, Gardenwood Ponds FINAL PLAT, Crestwood Addition, (Freightmasters) FINAL PLAT, Country Hollow Third Addition MORATORIUM, Southeast Industrial Development NEW MANAGER, Holiday Inn, 2700 Pilot Knob Road; Richard Rubesch AUTHORIZE ADVERTISEMENT FOR BIDS, street sweeper AUTHORIZE LAND ACQUISITION PROCESS, Deerwood Reservoir PROJECT 676, receive petition, authorize feasibility report, Duckwood Estates street lights CONTRACT 94-15, approve plans, authorize advertisement for bids/ Timberline sanitary sewer rehabilitation CONTRACT 94-02, receive bids, award contract/Violet Lane and Yankee Doodle Road CONTRACT 94-13, receive bids, award contract/Municipal Center grading, streets and utilities CONTRACT 94-06, approve Change Order #{2, Wilderness Run 1-4 Addition street reconstruction CONTRACT 92 -FF, acknowledge Hills 3rd Addition streets CONTRACT 93-0, acknowledge Oaks Estates utilities CONTRACT 90-J, acknowledge Place 2nd Addition streets CONTRACT 93-A, acknowledge Bluff Townhomes utilities CONTRACT 93-16, approve Change Order ##3, RESOLUTION requesting/outlining Eagan's funding completion and authorize city maintenance/Bur Oak and utilities completion and authorize city maintenance/Four completion and authorize city maintenance/Summer and utilities completion and authorize city maintenance/River Lexington Diffley athletic site participation in enhanced 9-1-1 s-2) Z. U BB. ,'--07 0 cc. ,,,D. EE. VI. tP.' s3Fc. nG D. VII. SIA. VIII. QA. RIB. c 15c 7 101 D. 1 , E. FINAL PLANNED DEVELOPMENT AGREEMENT, Town Centre 100 Twelfth Addition - Mann Theater AWARD CONTRACT, Fire Department heavy duty rescue vehicle AWARD BID, Police Department/Municipal Center Expansion, Security System, Dumbwaiter and Locker Packages RESOLUTION, Gambling Exemption, Ducks Unlimited - Eagan Chapter PROJECT 675, receive preliminary report/order public hearing/approve plans and specifications (Red Oaks Addition streets and utilities) RESOLUTION, adopting stipulation of settlement 7:00 - PUBLIC HEARINGS (SALMON) VACATE a portion of public right of way, Mendota Road VACATE a portion of public right-of-way and easements/Mendota Road VACATE a portion of public right-of-way, Blackhawk Road PROJECT 648, final assessment hearing, Woodlands North 3rd Addition streets and utilities OLD BUSINESS (ORCHID) Eagan Civic Arena Project NEW BUSINESS (TAN) CERTIFICATION of Proposed 1995 Property Tax Levy, Proposed 1995 Budget and Truth In Taxation Hearing Dates APPOINTMENT, Dakota County Economic Development Partnership Board CONDITIONAL USE PERMIT, R J Ryan Construction, to allow a truck and freight terminal in an I-1, Light Industrial district, located on Lots 9, 10 and 11, Block 2, Eagandale Center Industrial Park No. 2. PLANNED DEVELOPMENT AMENDMENT, 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 Section 13 CONDITIONAL USE PERMIT, National Propane Company, to allow outdoor storage of a propane dispenser on Lot 1, Block 1, SuperAmerica Addition. 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: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 2, 1994 SUBJECT: AGENDA INFORMATION FOR THE SEPTEMBER 6,1994 CITY COUNCIL MEETING ADOPT AGENDA APPROVE MINUTES After approval is given to the September 6, 1994 City Council agenda, the regular meeting minutes for the August 16, 1994 City Council meeting and the minutes for the August 16, 1994 and the August 23, 1994 Special City Council meetings, the following items are in order for consideration. DEPARTMENT HEAD.BUSINESS .............................................................................................. ............................................................................................... ................................................................................................ EAGAN FIRE COMMUNITY SERVICE AWARD/CATHY SPORTELLI & JUDY FOX A. Recognition of Cathy Sportelli & Judy Fox/Eagan Fire Community Service Award -- Enclosed on page is a memorandum from the Fire Chief relative to the work of Ms. Sportelli and Ms. Fox in coordinating an alcohol driving safety program for Eagan High School this spring. The Fire Chief has requested the opportunity to recognize their efforts publicly at Tuesday evening's meeting. The Council may wish to likewise acknowledge the efforts of these two individuals in this regard. No action is required on this item, however. 1 MEMO city of eagan DATE: August 30, 1994 TO: Tom Hedges, City Administrator FROM: Dale Nelson, Fire Chief SUBJECT: RECOGNITION OF CATHY SPORTELLI AND JUDY FOX EAGAN FIRE COMMUNITY SERVICE AWARD Tom, as you are aware, just prior to the Eagan High School's prom this year, two of our firefighters' wives took it upon themselves to make a very dramatic safety statement out of genuine love and concern for our children's safety in the City of Eagan. Cathy Sportelli and Judy Fox were the key players in organization and overall orchestration of the Mothers Against Drunk Drivers alcohol driving safety program. Caring residents like Judy and Cathy make us proud to be members of the Eagan Fire Department and residents of the City of Eagan. Because of their extra efforts and their unselfishness, I would like take the opportunity to present these two women with the Eagan Fire Department Community Service Award during the department head portion of the City Council meeting on Tuesday, September 6. If you have any questions, please contact me. DN/tp MCommServ.DN D. Agenda Information Memo September 6, 1994 City Council Meeting :t SENT AGENPA There are thirty-one (31) 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. Resignation/Clerical Technician III -The City has received a letter of resignation from Jill Eberlein, Clerical Technician III in the Engineering Division. As usual, staff is evaluating the position to determine if restructuring is desired. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Jill Eberlein, Clerical Technician III in the Engineering Division. Item 2. Resignation/Temporary Part-time Sign Inspector --The City has received a letter of resignation from Donna Rollins, Sign Inspector in the Community Development Department. As usual, staff is evaluating the position to determine if restructuring is desired. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Donna Rollins, Sign Inspector in the Community Development Department. Item 3. Building Inspector --It is the recommendation of City Administrator Hedges and Director of Community Development Reichert that the vacant building inspector position be filled by one of the applicants for the construction analyst position. The qualifications are the same for both positions. It is there recommendation that Michael Lence be hired as a building inspector. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Michael Lence as a building inspector. Item 4. Seasonal Park Maintenance Employee --It is the recommendation of Superintendent of Parks VonDeLinde that Debra Isaacson, Jon Cunningham and Vincent Laschiavo be hired as seasonal parks maintenance workers. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Debra Isaacson, Jon Cunningham and Vincent Laschiavo as seasonal park maintenance workers. Agenda Information Memo September 6, 1994 City Council Meeting PLUMBERS' LICENSES B. Licenses, Plumbers --City Code requires that plumbing contractors opera g within the City of Eagan be licensed on at least an annual basis. Enclosed on page 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. EconoPlumb, Inc. 2. Village Plumbing For September 6, 1994 City Council meeting Agenda Information Memo September 6, 1994 City Council Meeting RESOLUTION/COMPREHENSIVE GUIDE PLAN AMENDMENT CONNELLY/SODERHOLM PROPOSAL C. Resolution adopting a Comprehensive Guide Plan amendment for the Connelly/Soderholm Proposal --City Council previously approved this comprehensive guide plan amendment for the NW corner of Lexington Avenue and Diffley Road subject to Metropolitan Council approval. The Metropolitan Council has approved this guide change and, therefore, formal adoption of the comprehensive guide amendment by resolution is in order. The staff report and resolution on this item are enclosed on pages 7 through k) ' ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution amending the comprehensive guide plan for the NW corner of Lexington Avenue and Diffley Road from D -I (single family residential) to NB (neighborhood business). MEMO city of eagan MEMO TO: Tom Hedges, City Administrator THRU: Peggy Reichert, Community Development Director FROM: Kristy Marnin, Senior Planner DATE: August 24, 1994 SUBJECT: September 6, 1994 City Council Meeting - Consent Agenda Resolutions Adopting Comp Guide Plan Amendments The City Council is requested to approve resolutions adopting two Comprehensive Guide Plan amendments for the following projects: 1) Connelly/Soderholm Proposal --At its June 7, 1994 meeting, the City Council approved, subject to Metropolitan Council approval, an amendment to the Comp Guide Plan which changed the land use designation of 7.63 acres located at the northwest corner of Lexington Avenue and Diffley Road from D -I (Single-family Residential, 0 to 3 units per acre) to NB (Neighborhood Business); and 2) Elementary School #18 --At its July 19, 1994 meeting, the City Council approved, subject to Metropolitan Council approval, an amendment to the Comp Guide Plan which changed the land use designation of 13.97 acres located north of Gun Club Road and east of Biscayne Avenue from D -I (Single-family Residential, 0 to 3 units per acre) to PF (Public Facility/Quasi-Public). As noted, both of these amendments were approved by the City Council subject to Metropolitan Council review and approval. The Metropolitan Council has since reviewed both of these amendments and informed the City that it has determined that neither amendment has the potential to impact any of the metropolitan system plans; therefore, the City may place both amendments into effect. Since the City has now received Metropolitan Council approval of the amendments, the attached resolutions are in order. If you have any questions regarding this matter, please advise. attachments RESOLUTION NO. 94- A RESOLUTION AMENDING THE EAGAN COMPREHENSIVE GUIDE PLAN WHEREAS, the City Council of the City of Eagan is the official governing body of the City of Eagan; and WHEREAS, the City Council of the City of Eagan adopted the Comprehensive Guide Plan on April 19, 1983, pursuant to the requirements of Minnesota Statutes, Section 473.864; and WHEREAS, Ray Connelly has submitted an Application for an Amendment to the Comprehensive Guide Plan for the land shown on Exhibit "A" attached hereto located at the northwest corner of Lexington Avenue and Diffley Road changing the land use designation of the subject property from D -I Single-family Residential (0 to 3 units per acre) to NB Neighborhood Business; and WHEREAS, a public hearing was held by the Advisory Planning Commission of the City of Eagan on May 24, 1994 at which time the Advisory Planning Commission recommended approval of the Amendment to the Comprehensive Guide Plan; and WHEREAS, on June 7, 1994 the City Council of the City of Eagan approved the Amendment to the Comprehensive Guide Plan on approximately 7.63 acres changing the land use designation from D -I Single-family Residential (0 to 3 units per acre) to NB Neighborhood Business, subject to the approval of the Metropolitan Council; and WHEREAS, the Metropolitan Council has determined that the Amendment to the Comprehensive Guide Plan for the land shown on Exhibit "A" attached hereto has no potential impact upon any of the 8 metropolitan system plans and therefore the City may place the Amendment into effect immediately; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA hereby adopts an Amendment to the Comprehensive Guide Plan changing the land use designation of approximately 7.63 acres of land as shown on Exhibit "A" attached hereto from D -I Single-family Residential (0 to 3 units per acre) to NB (Neighborhood Business). THIS RESOLUTION passed this day of , 1994 by the City Council of the City of Eagan, Minnesota. ATTEST: E.J. VanOverbeke, City Clerk BY: Thomas A. Egan, Mayor EXHIBIT A COMPREHENSIVE GUIDE PLAN AMENDMENT DATE: June 7, 1994 W LLI ler ; r a► 04\77_,,,......: NAME OF AMENDMENT: Caridy/SodefhoMn Proposal -- I O 15 1 1 AMENDMENT DESCRIPTION: Land Use Designation Change FROM: D -I (Singlefamliy Residential, 0 to 3 units per acne) TO: NB (Neighborhood Business) Total area involved in change: 7.63 acres NOTES: concept plan for daycare, medical clinic, drug store, restaurant, and convvenlenoe store with gas D -I SINGLE-FAMILY RESIDENTIAL (0 TO 3 UNITS PER ACRE) NB NEIGHBORHOOD BUSINESS _ A 1111..0 ra 1111 ' PLAN • ;,°11.10i • b OA\ ® Agenda Information Memo September 6, 1994 City Council Meeting RESOLUTION/COMP GUIDE AMENDMENT ELEMENTARY SCHOOL #18 D. Resolution adopting a Comprehensive Guide Plan amendment for Elementary School #18 --City Council previously approved this comprehensive guide plan amendment for Elementary School #18 subject to Metropolitan Council approval. The Metropolitan Council has approved this guide change and, therefore, formal adoption of the comprehensive guide amendment by resolution is in order. Enclosed on pages / L through Kis the resolution for Elementary School #18. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution amending the comprehensive guide plan for Elementary School #18 from D -I (single family residential) to NB (neighborhood business). 't\ RESOLUTION NO. 94- A RESOLUTION AMENDING THE EAGAN COMPREHENSIVE GUIDE PLAN WHEREAS, the City Council of the City of Eagan is the official governing body of the City of Eagan; and WHEREAS, the City Council of the City of Eagan adopted the Comprehensive Guide Plan on April 19, 1983, pursuant to the requirements of Minnesota Statutes, Section 473.864; and WHEREAS, Independent School District 196 has submitted an Application for an Amendment to the Comprehensive Guide Plan for the land shown on Exhibit "A" attached hereto located north of Gun Club Road and east of Biscayne Avenue changing the land use designation of the subject property from D -I Single-family Residential (0 to 3 units per acre) to PF Public Facility/Quasi- Public; and WHEREAS, a public hearing was held by the Advisory Planning Commission of the City of Eagan on June 28, 1994 at which time the Advisory Planning Commission recommended approval of the Amendment to the Comprehensive Guide Plan; and WHEREAS, on July 19, 1994 the City Council of the City of Eagan approved the Amendment to the Comprehensive Guide Plan on approximately 13.97 acres changing the land use designation from D- I Single-family Residential (0 to 3 units per acre) to PF Public Facility/Quasi-Public subject to the approval of the Metropolitan Council; and WHEREAS, the Metropolitan Council has determined that the Amendment to the Comprehensive Guide Plan for the land shown on Exhibit "A" attached hereto has no potential impact upon any of the metropolitan system plans and therefore the City may place the Amendment into effect immediately; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA hereby adopts an Amendment to the Comprehensive Guide Plan changing the land use designation of approximately 13.97 acres of land as shown on Exhibit "A" attached hereto from D -I Single-family Residential (0 to 3 units per acre) to PF Public Facility/Quasi-Public. THIS RESOLUTION passed this day of , 1994 by the City Council of the City of Eagan, Minnesota. ATTEST: E.J. VanOverbeke, City Clerk BY: Thomas A. Egan, Mayor EXHIBIT A COMPREHENSIVE GUIDE PLAN AMENDMENT DATE: July 19,1994 NAME OF AMENDMENT: Elementary School #18 LOCATION: north of Gun Club Road, east of Biscayne Avenue AMENDMENT DESCRIPTION: Land Use Designation Change FROM: D -I (single-family Residential, 0 to 3 units per acre) TO: PF (Public Faallty/Quasi Public) Total area Involved M change: 13.97 acres NOTES: 82,022 square foot elementary school; 825 students Ilmm 5L1.1 --Ifitilt, I q III - �/J gini�. tr-t'. _ 5w lift Z5t n_ �� • d ai --., D -I SINGLE-FAMILY RESIDENTIAL (0 TO 3 UNITS PER ACRE) Hill ?....; .v-ip Z -.,4::t.....,1:. .. _, -3� J F Iv'l^ 7' - -i--, tie Z1r CURRENT 1 _ E QSt J at l� Agenda Information Memo September 6, 1994 City Council Meeting FINAL PLAT/TOWN CENTRE 70 - 17TH ADDITION E. Final Plat, Town Centre 70 - 17th Addition --Review of the final plat documents has been completed and the development contract has been drafted for the final plat for Boston Chicken, Payless Shoes and Kinko's in Town Centre 70. Requisite financial guarantees have also been provided; approval of this final plat would therefore be in order. Enclosed on page ' (, is a copy of the final plat as it appears for recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Town Centre 70 - 17th Addition. 1 ;i l4 Agenda Information Memo September 6, 1994 City Council Meeting FINAL PLAT/ST. CHARLES WOOD F. Final Plat, St. Charles Wood --Review of the final plat documents has been completed and the development contract has been drafted for the final plat for St. Charles Wood Addition. Requisite financial guarantees have also een provided; approval of this final plat would therefore be in order. Enclosed on page ( is a copy of the final plat as it appears for recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for St. Charles Wood Addition. 1 t2 Agenda Information Memo September 6, 1994 City Council Meeting FINAL PLAT/CLIFF LAKE TOWNHOMES G. Final Plat, Cliff Lake Townhomes--Review of the final plat documents has been completed and the development contract has been drafted for the final plat for Cliff Lake Townhomes. Requisite financial guarantees have also been provided; approval of this final plat would therefore be in order. Enclosed on paged Ois a copy of the final plat as it appears for recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Cliff Lake Townhomes. l� F - co i W Agenda Information Memo September 6, 1994 City Council Meeting REAPPROVAL OF PRELIMINARY PLAT GARDENWOOD PONDS H. Reapprove Preliminary Plat Gardenwood Ponds --Joe Miller of Scenic Enterprises, Inc., has requested a one-year time extension to the approved preliminary plat for Gardenwood Ponds of Eagan. The one-year approval expired on July 20, 1994. The letter from Mr. Miller, August 1, 1994 was received August 15, 1994 and is enclosed on page ,11.- Due to the three week period between City Council meetings from August to September, the September 6 meeting is the first time this request could be considered. As the Council is aware, there have been extensive difficulties regarding title transfer to the new owners that have delayed finalizing this preliminary plat. However, because the plat approval has expired, reapproval would be more in order rather than simply extending the approval. In addition, the Wetland Conservation Act requirements affecting this plat have changed somewhat over the course of the year. A memorandum from Water Resources Coordinator Rich Brasch is enclosed on page )3. Reapproval of this plat would be in order subject to an additional condition that the wetland impacts which occur in a given phase must be mitigated as a part of that same phase or an earlier phase. ACTION TO BE CONSIDERED ON THIS ITEM: 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. SCENIC ENTERPRISES, INC. 18133 CEDAR AVE SOUTH FARMINGTON, MN 55024 (612) 469.4066 August 1, 1994 City of Eagan Mayor and City Council 3830 Pilot Knob Road Eagan, MN 55122 RE: Gardenwood Ponds Of Eagan Dear Mr. Mayor and City Council, We are requesting a one year time extension to our approved preliminary plat for Gardenwood Ponds of Eagan. We have had considerable difficulty in regards to our agreement with the original land owner. We will proceed towards the final plat and construction as soon as the pending issues are resolved. If you have any questions regarding this matter, please contact me at 469-4066. Sincerely, ytt �&—— Joe Miller President TO: KEN VRAA, DIRECTOR DEPARTMENT OF PARKS AND RECREATION FROM: RE: PEGGY REICHERT, DIRECTOR DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION REVIEW OF WATER -RELATED ASPECTS OF GARDENWOOD PONDS PRELIMINARY PLAT DATE: AUGUST 31, 1994 At Director Vraa's request, I have reviewed the Gardenwood Pond preliminary plat file and prepared recommendations pertaining to the developer's request to extent this preliminary plat. My only comment relates to wetland issues associated with the site. The current conditions of the plat allows the developer to fill up to .7 acres of wetland and mitigate that loss with the creation of at least 1.06 acres of wetland on the site. The plan to replace this wetland acreage was approved by the City under the interim program of the Wetlands Conservation Act. The interim program rules expired on January 1, 1993, when they were replaced by the permanent program rules. The permanent program rules state that "replacement plans approved under the interim guidelines . . . must be completed in entirety by June 30, 1995. If the replacement plan is not completed by June 30, 1995, replacement of the impacted wetlands becomes subject to [the permanent program process]." An exception is made for phased projects, where the wetlands replacement plan may be completed under the conditions and guidelines for which they were approved. My understanding is that this will be a phased project. Recommendation: I suggest an additional condition be attached to the plat that the wetland impacts which occur in a given phase must be mitigated as part of that same phase or an earlier phase. • Rich Brasch Water Resources Coordinator cc. Shannon Tyree Agenda Information Memo September 6, 1994 City Council Meeting FINAL PLAT/CRESTWOOD ADDITION I. Final Plat, Crestwood Addition --Review of the final plat documents has been completed and the development contract has been drafted for the final plat for Crestwood Addition. Requisite financial guarantees have also bee provided; approval of this final plat would therefore be in order. Enclosed on page,D 5 is a copy of the final plat as it appears for recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Crestwood Addition. F-- 03 m W CRESTWOOD ADDITION l II 11 j1 'j 1' {{ i , a;/ I !IA ih ; /_ 1#ij 1P!,i:I °� 11 111 11 III 11.11iiii Ilii PP l( ileillUi ;1 f/ I1 I ill ii . I i i l'ig illii III i F a, , Pale iii 1: JJ i t ;Ii ii �0,1 i ':�i11 - R 1 fIt'iRi L 'I 4 8l �1 hiiii �fit 1, iaap� !Ili if 1.1 ill €i , ,i _ i# ,1 1s i� ;II ii hl 1 1H J lilt I.; ii ii td t •f 4 'Q 1 N as s 4/1 s 1. D sn sn D 1 I •\ 8 \ .; \, • 1WC Is f JDU .136 f 11 1 1211 1 IP 1LAKIN*Pr tirat 1 r , t i 1 1 t 1 E i I 1 ii 1 1 ... 1-1, 1{ii !( I iii; Iii 4 1 Agenda Information Memo September 6, 1994 City Council Meeting FINAL PLAT/COUNTRY HOLLOW 3RD ADDITION J. Final Plat, Country Hollo 3rd Addition --Review of the final plat documents has been completed and the development contract has been drafted for the final plat for Country Hollow 3rd Addition. Requisite financial guarantees have also been provided; approval of this final plat would therefore be in order. Enclosed on page c7/2 is a copy of the final plat as it appears for recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Country Hollow 3rd Addition. HOLLOW THIRD ADD COUNTRY 1 1 y.S ft i r11 � v 0 1 v 1 1 a �1 Agenda Information Memo September 6, 1994 City Council Meeting MORATORIUM/SOUTHEAST INDUSTRIAL DEVELOPMENT K. Moratorium, Southeast Industrial Development --A staff memorandum on this item is enclosed on pages through. The City Council has previously authorized the initiation of a potential compre ensive plan amendment and a land use study of the southeast industrial area. In keeping with normal previous procedures for such studies, it is suggested that the City Council establish a moratorium on future development in the area pending the outcome of this land use study. Staff is aware that one of the property owners is interested in putting on an addition to her building in the immediate future. She is aware the City Council will be considering the development moratorium at its meeting of September 6. She is apparently very unhappy with this and opposes this dramatically. She also opposes the idea that the industrial area would be rezoned to residential. She will likely be at the meeting on September 6, and, if so, the City Council may wish to remove this item to place it under new business. ACTION TO BE CONSIDERED ON THIS ITEM: To direct the initiation of an interim ordinance establishing a moratorium on development in the southeast industrial area pending a completion of the comprehensive plan evaluation. MEMO city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PEGGY A. REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: AUGUST 31, 1994 SUBJECT: DEVELOPMENT MORATORIUM FOR SE INDUSTRIAL AREA When the City Council approved the preliminary plat for the new District 196 elementary school off Trunk Highway 3 in southeast Eagan, the Council also directed the analysis of the land use in the area. This southeast industrial area land use study will be initiated this fall when the Lone Oak Land Use Study is completed. The southeast industrial land use study, as you will recall, will evaluate whether the industrial area adjacent to the elementary school should be rezoned to come into compliance with the Comprehensive Plan designation for the area as residential. The alternative would be to amend the Comprehensive Plan to designate this area as a long-term industrial area and then the zoning would be maintained as industrial. Because the future of this area is now under discussion, it would be appropriate to establish a development moratorium on the area as we did for the Lone Oak study area. It would be our intention that this moratorium would only be in effect as long as necessary to complete the Comprehensive Plan and zoning analysis. We have had at least one inquiry from an owner on Biscayne Avenue who is interested in constructing an addition to their property. Therefore, it would be appropriate to follow the normal procedure when we are doing major comprehensive land use studies and establish a moratorium on development during the study period. The City Council should consider this option at its meeting of September 6. If the City Council concurs with this direction, a public hearing on the ordinance establishing a moratorium will be scheduled at the September 27 meeting of the Advisory Planning Commission. This is the same process that was followed for the Lone Oak Land Use Study. 4, ACTION TO BE CONSIDERED: To direct the initiation of an interim ordinance establishing a moratorium on development in the southeast industrial area pending the completion of a Comprehensive Plan evaluation. Director of ommunity Development PARls 3 Agenda Information Memo September 6, 1994 City Council Meeting MANAGEMENT CHANGE/LIQUOR LICENSE/HOLIDAY INN L. New Manager, Holiday Inn, 2700 Pilot Knob Road --Richard Rubesch has been hired as the new bar and restaurant manager for the Holiday Inn. City Code requires that liquor licenses include the name of the responsible manager. Enclosed without page number is a copy of the application relative to this item. The Police Department has completed its review and finds no reason to deny this application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the revised management information for the liquor license for the Holiday Inn located at 2700 Pilot Knob Road for Richard Rubesch as presented. 5 Agenda Information Memo September 6, 1994, City Council Meeting AUTHORIZE AD FOR BIDS (STREET SWEEPER) M. Authorize Ad For Bids (Street Sweeper) --On August 1, the brakes failed on a Public Works Department street sweeper (Unit #138) resulting in a personal injury rollover that left the street sweeper with a salvaged value of $2,500. After processing this claim through the City's insurance (LMCIT), the City will receive $15,825. Combined with the $25,000 deductible to be covered by the City's self insurance program, and the salvaged value, the City has approximately $43,300 available towards the purchase of a replacement sweeper. The replacement sweeper is estimated at approximately $96,000. The staff is requesting Council's authorization to advertise for a new street sweeper with an alternate for purchase of a demonstration unit, if any are available. A memo from the Superintendent of Streets/Equipment, enclosed on page 33 , provides for the background information regarding the need for replacing the street sweeper. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the advertisement for quotations for a new street sweeper to replace Unit #138. MEMO TO: TOM COLBERT, DIRECTOR OF PUBLIC WORKS FROM: ARNIE ERHART, SUPERINTENDENT OF STREETS & EQUIPMENT DATE: AUGUST 31, 1994 SUBJECT: STREET SWEEPER REPLACEMENT (UNIT 138) In the winter of 1989, the city purchased two remanufactured street sweepers from Department 64 budget at a cost of $49,340 per sweeper. These two units have been used for spring clean-up including water quality sweeping, clean-up of excess material from sealcoating, sweeping of bituminous millings from pavement rehabilitation areas, erosion and siltation clean-up and fall sweeping. We have also utilized contractual sweeping services for a portion of our water quality sweeping. On August 1, 1994 one street sweeper (unit 138) was involved in a rollover accident which "totalled" the sweeper. After receiving cash value estimates, the League of Minnesota Cities Insurance Trust determined the value at $40,825. The city's self insurance will cover the first $25,000 and the LMCIT will cover $15,825. In the 5 -year CIP, we have scheduled replacement of one sweeper in 1996 and one in 1997 at a cost of $96,000 per sweeper. We have spent approximately $8,900 for the contractual rehabilitation of one sweeper (unit 139) in 1994. At the present time,I would not recommend purchasing a "remanufactured" sweeper because of the shorter life cycle, reduced resale or trade-in value, and the initial price differential from a new machine which is considerably less than it was in 1989. Estimated Estimated Average Est. 8 -year Alternatives 1994 Costs Yearly Cost Cost 1) Purchase one new sweeper $96,000 $28,000* $224,000* 2) Purchase one demo sweeper 92,000 27,750* 222,000* 3) Contract 1/i of the annual sweeping 6,000 (fall 40,000 320,000 only) (spring & fall) * Includes maintenance, depreciation and labor costs. Fuel, parts, and labor based on current average yearly cost of $9,000. Depreciation based on resale price of 1/2 of the original cost. Labor costs based on approximately 825 hours. Recommendation: Because of a potential $6,000 saving in contractual sweeping in 1994, approximate $4,000 savings in purchase price, and the availability of a demo sweeper before fall cleanup, I recommend alternative #2 and that we advertise for bids as soon as possible for purchase and delivery this fall. &64.3t - Arnie Erhart Superintendent of Streets and Equipment AE/sb 35 38wp:colberc243 Agenda Information Memo September 6, 1994, City Council Meeting AUTHORIZE LAND ACQUISITION PROCESS (DEERWOOD RESERVOIR) N. Authorize Land Acquisition Process (Deerwood Reservoir) --As a part of the City's current Comprehensive Water Supply & Distribution Plan, it is anticipated that there will be a need for another water storage reservoir in the near future. The current 5 -Year CIP proposes the construction of this 5 million gallon reservoir in 1995 with land acquisition in 1994. Also, with the proposed subdivision and anticipated development of the Francis Franz property, it is appropriate for the City to designate and acquire the location of the water reservoir so future development plans can properly take it into consideration. The proposed location is the high knob just east of 35-E and south of Deerwood Drive. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize staff to proceed with the acquisition of the land for the future Deerwood Reservoir. RECEIVE PETITION/AUTHORIZE FEASIBILITY REPORT (DUCKWOOD ESTATES - STREETLIGHTS) O. Project 676, Receive Petition/Authorize Feasibility Report (Duckwood Estates - Streetlights) --Although Duckwood Estates currently has neighborhood streetlights, the City has received a petition from 47% of the affected property owners requesting additional neighborhood streetlight installation. There currently are 4 streetlights and the petition requests the installation of an additional 6 as shown by the map enclosed on page If the Council feels that there is a sufficient number of petitioners, it would be apprispriate to authorize the preparation of a feasibility report to formally present this project and its related cost at a public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize the preparation of a feasibility report for Project 676, Duckwood Estates (Streetlights). 3� PROPOSED LOCAT )N OF NEW STREETLIGHTS EXISTING STREETLIGHT TO BE RELOCATED. • EXISTING STREETLIGHT LOCATIONS. - PETITIONING PROPERTY OWNERS • O. • w0' • • • city of eagan PUBLIC WORKS DEPARTME PROJECT NO. 676 STREETLIGRTING DUCRWOOD ESTATES standard plate 11: Agenda Information Memo September 6, 1994, City Council Meeting APPROVE PLANS/AUTHORIZE AD FOR BIDS (TIMBERLINE SANITARY SEWER) P. Contract 94-15, Approve Plans/Authorize Ad For Bids ('Timberline Sanitary Sewer - Rehabilitation) --As a part of the 5 -year street reconstruction program, the Public Works Utilities Division investigates the condition of all utilities within the neighborhoods proposed for reconstruction. During the investigation of the Oslund-Timberline Addition, it was discovered that the sanitary sewer that runs down the ravine north of McCarthy Road (see location map on page ' ) had severe cracking and structural failure and is experiencing considerable infiltration. While it was anticipated that this work would be performed in conjunction with the street rehabilitation project, due to the denial as a result of the public hearing, the staff is requesting Council authorization to proceed with the sewer repair/rehabilitation project separately. Based on televised reports, it is estimated that approximately 39 million gallons of ground water are leaking into this sanitary sewer line on an annual basis. Based on our 1994 sewer billing rates from the Metropolitan Council of Wastewater Services (MCWS), this results in $48,800 per year to treat this groundwater infiltration. It is estimated that it will cost approximately $35,000 to insert a new lining within this segment which will pay for itself within the first 9 months of treatment costs. The plans that are being presented allow this sewer rehabilitation to be performed without excavation by slipping a new liner inside the existing sewer pipe thereby sealing up and strengthening the pipe structure. ACTION TO BE CONSIDERED ON THIS ITEM: Approve the plans for Contract 94-15 (Timberline Sanitary Sewer Rehabilitation) and authorize an advertisement for a bid opening to be held at 10:30 a.m., on Friday, September 16. * Location map will be handed out at the Council meeting. 3 (0 Agenda Information Memo September 6, 1994, City Council Meeting RECEIVE BIDS/AWARD CONTRACT (VIOLET LANE. YANKEE DOODLE RD & ST FRANCIS WOODS) Q. Contract 94-02, Receive Bids/Award Contract (Violet Lane, Yankee Doodle Road & St. Francis Woods) --At 10:30 a.m. on Friday, August 26, formal bids were received for 3 separate projects to be combined under one contract. The first project (#674) provides for the installation of streets and utilities on Violet Lane to serve the previously approved Villas of Violet Lane development. The second project (#661R) provides for the rehabilitation/overlay of Yankee Doodle Road within the Sibley Terminal Industrial Park. The third project (93 -RAS -1) provided for the installation of a storm sewer outfall between Pond JP -13.1 and JP -13 in the St. Francis Woods development south of Duckwood Drive. Enclosed on page 38 is a tabulation of the bids received showing the low bid to the estimate contained in the feasibility report. After evaluating the bids, staff is recommending that the contract be awarded for the Violet Lane and Yankee Doodle Road projects only, and that the St. Francis Woods segment be deleted from the contract award for reevaluation, possible redesign and rebid at a later date. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 94-02 (Violet Lane and Yankee Doodle Road) and award the contract to the lowest responsible bidder, omitting the St. Francis Woods storm sewer segment from contract award. Also authorize the Mayor and City Clerk to execute all related documents. 3� city of eagan CITY CONTRACT 94-02 VILLAS OF VIOLET LANE, YANKEE DOODLE ROAD ST. FRANCIS WOODS BID SUMMARY NORTHDALE CONSTRUCTION, INC. $267,274.00 A. City Project #674 Villas of Violet Lane ENGINEER FEASIBILITY BID AMOUNT ESTIMATE REPORT ESTIMATE $182,587.50 $227,457.50 $191,409.50 Bid % above (+), below (-) (-)19.7% (-) 4.6% B. 93RAS-1 St. Francis Woods Storm Sewer ENGINEER FEASIBILITY BID AMOUNT ESTIMATE REPORT ESTIMATE $53,006.50 $28,33.25 Bid % above (+), below (-) (+) 87.1% C. City Project #661-R Yankee Doodle Road Overlay N/A N/A ENGINEER FEASIBILITY BID AMOUNT ESTIMATE REPORT ESTIMATE $ 31, 680.00 $ 32,135.00 $ 47,300.00 Bid % above (+), below (-) (-) 1.4% (-) 33.0% 3$ Agenda Information Memo September 6, 1994, City Council Meeting RECEIVE BIDS/AWARD CONTRACT (MUNICIPAL CTR) R. Contract 94-13, Receive Bids/Award Contract (Municipal Center - Grading, Streets & Utilities) --At 10:30 a.m. on Friday, August 26, formal bids were received for the Phase II site development of the Municipal Center expansion. This provided for the overall site grading (including building pad for Civic Arena), the installation of utilities (sanitary, water and storm sewer), the Civic Drive connector road from Wescott to Pilot Knob Road, sidewalks/trails, parking lots and related streetlighting. This contract did not include the irrigation and landscaping improve ents which will be bid under a separate contract at a later date. Enclosed on page is a tabulation of the bids received, including two alternates. Alternate 1 provides for the use of recycled concrete in lieu of crushed limestone for the aggregate base on the parking lot and road construction. Staff is recommending that the Council include Alternate 1 with the contract award. Alternate 2 provided for an alternate type of streetlight fixture head. However, there was an error in the bid quantity for Alternate 2 that renders it inappropriate for consideration. It appears that there would not be any savings for the alternate fixture. Therefore, staff recommends Alternate #2 not be included in the contract award. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 94-13 and award the contract to Imperial Developers in the total base bid of $618,622.90 (included Alternate 1). Yi city of eagan MUNICIPAL CENTER EXPANSION - PHASE II GRADING, STREET, PARKING LOT, LIGHTING & UTILITY CONSTRUCTION CITY PROJECT NO. 649 CITY CONTRACT NO. 94-13 CONTRACTORS 1. Imperial Developers 2. Ryan Contracting 3. Northdale Construction 4. S. M. Hentges 5. G. L. Contracting 6. Steininger Const. LOW BID Engineer's Estimate (EE) % Over (+) Under (-) (EE) Budget Projection (BP) % over (+) under (-) BP BID DATE: AUGUST 26, 1994 BID TIME: 10:30 A.M. TOTAL BASE BID $ 620,763.50 663, 024.50 689, 289.63 669,669.50 728,556.60 743,251.15 $ 620,763.50 718,178.25 -13.56 % 666,923.00 -6.92% 4 WITH WITH ALT. #1 ALT. #2 (DEDUCT) (DEDUCT) $ 618,622.90 $ 612,445.50 657,744.50 653,517.50 689,289.63 689,289.63 668,858.50 677,019.50 728, 556.60 728, 556.60 739,636.15 743,251.15 Agenda Information Memo September 6, 1994, City Council Meeting APPROVE CHANGE ORDER #2 (WILDERNESS RUN 1-4 ADDITION, STREET RECONSTRUCTION) S. Contract 94-06, Approve Change Order #2 (Wilderness Run 1-4 Additions, Street Reconstruction --Once the contractor moved onto the site and started the street pavement removal and subgrade correction, it was discovered that the existing materials on-site greatly varied in type and gradation and were not available to provide the structural sub -base necessary to allow the reconstruction to proceed as originally designed. Subsequently, staff had to redesign portions of this contract that result in complete removal and replacement of portions of the pavement, aggregate base and subgrade. In other locations, better soils were encountered than were anticipated allowing the City to substantially reduce the quantities for drain tile, paving fabric and quantity of subgrade excavations. In other areas, where the City was hoping to be able to mill and overlay the existing pavement, it was determined in the field that this would not result in a finished product that would be comparable to other portions where full street reconstruction was being performed. Also, the quantities of removal and replacement of concrete curb and gutter and driveway sections increased based on a more detailed field evaluation. Enclosed on pages \49— and 4-3 is a summary of this change order showing the net result of a decrease to the overall contract of $3,723.50. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 94-06 (Wilderness Run 1-4 Additions, Street Reconstruction) and authorize the Mayor and City Clerk to execute all related documents. CONTRACT #: 94-06 CHANGE ORDER NO.: 2 PROJECT #: 660 DATE: SEPTEMBER 6, 1994 PROJECT NAME:: Wildemess Run Street Reconstruction PROJECT DESCRIPTION: Reconstruction/Rehabilitation of streets within Wildemess Run Additions 1, 2, 3, & 4. CONTRACTOR: McNamara Contracting, Inc. ENGINEER: MSA, CONSULTING ENGINEERS 14500 John Cake Ridge 1326 Energy Park Drive Apple Valley, MN 55124 St. Paul, MN 55108-5202 DESCRIPTION OF CHANGE ORDER WORK: Revised contract quantities and add two additional contract items based upon: 1) Additional curb removal and replacement; 2) Change from milling existing bituminous and aggregate base to a Class 5 gradation and revising to milling full depth removing and disposing of those materials and constructing new base and bituminous street section; and 3) Change from edge milling and overlay in some areas to full depth milling and new base and bituminous placement JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER: 1) There has been a substantial increase in the quantitiy of curb removal and replacement due to a targe number of curb sections which did not provide adequate drainage as well as structural stability. This work results in the contract quantity 'nemeses shown below for Schedule 1.0, Items 3, 7, 10, 16, 36 and 37. 2) Several attempts which were made to mill the existing bituminous and aggregate base to a Class 5 gradation were unsuccessful due to extreme fluctuations in the pavement thickness (2.5' to 7') and quality of the existing bituminous, tack of a consistent thickness of existing aggregate base and the high percentage of silts encountered in some areas of the full depth milling. Based upon discussions with City Staff and Braun Intertec, it was decided that the upper 7.5' to 9.5' (depending upon subgrade conditions) should be removed and disposed of and a new base and bituminous street section constructed. This work results in the addition of the two new contract times shown below under Schedule 2.0. The common excavation item covers the removal and off-site disposal of the upper 7.5' to 9.5' of existing bituminous and base materials. For the second item, a $0.50/ton unit price reduction has been negotiated with the contractor for using crushed concrete aggregate base in lieu of class 5 aggregate base. The City of Eagan has had good results with this product on past projects. Due to these changes, the original contract quantity for class 5 aggregate and pavement removal are deleted below under Schedule 1.0, Items 4 and 12 of the contract. The adjustments shown under the contract reductions section for items 6, 8,11,18 and 19 are the result of subgrade soils encountered during the full depth milling which were suitable for the revised street section. This eliminated the need for much of the subgrade excavation, select granular borrow, and edgedrains. The bituminous quanitites have been adjusted under Schedule 1.0, Items 13 and 15 to allow for construction of the revised street section. 3) In discussions with City Staff, It was decided that those areas where edge milling and avertayment were proposed, but where eventual reflective cracking was a possibility would be changed to full depth street reconstruction which will provide a uniform pavement section and minimize the occurrence of reflective cracking. The adjustments shown below under Schedule 1.0, Items 6 and 14 of the Contract Reduction section are a result of this change. The result of this change order is an estimated $3,723.60 deduction from the original contract amount. C0-2112.006 Page 1 of 3 Change Order Original Unit Estimated Item(s) Quantity Unit Price Incr. / Red. Amount CONTRACT INCREASE SCHEDULE 1.0 3 Concrete Curb Removal 3,085 LF $225 2,165 84,871.25 7 RemJRepl. Driveway 150 SY $10.00 80 8800.00 10 Topsoil Borrow 305 CY 88.50 160 81,360.00 15 Type 32B Base Course Mixture 3,125 TN 818.00 1,135 820,430.00 16 Type 41A Driveway Mixture 25 TN 845.00 20 8900.00 36 Concrete Curb, D412/13618 3,085 LF 8925 2,165 $20,026.25 37 Sod - lawn & Blvd. Type 2,760 SY $4.00 1,400 85,600.00 SCHEDULE 2.0 1 Common Excavation 0 CY *6.00 8,220 849,320.00 2 Crushed Concrete Aggregate Base 0 TN *625 8,765 $54,781.25 Total Increase $158,088.75 CONTRACT DECREASE: SCHEDULE 1.0 4 Remove Pavement 21,960 SY 80.75 21,960 816,470.00 6 Milling 0' -1-1R' 7,800 SY 80.65 5,930 83,854.50 8 Subgrade Excavation 7,340 CY $4.75 5,450 825,887.50 9 Select Granular Borrow 7,340 CY $6.75 5,450 836,787.50 11 Geotextile, Type 5 21,935 SY $0.65 21,935 814,257.75 12 Aggregate Base, CI. 5 2,200 TN $6.75 2,200 *14,850.00 13 Type 41A Wear Course Mixture 4,260 TN 820.00 735 814,700.00 14 Type 32A, Leveling Mixture 210 TN 827.00 210 $5,670.00 18 4' Perf. HDPE Edgedrains 12,875 LF 82.50 10,330 825,825.00 19 Core Drill Connections 36 EA 8135.00 26 83,510.00 Total Decrease 8161,812.25 CO -2112.006 Page 2 of 3 Agenda Information Memo September 6, 1994, City Council Meeting ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (BURR OAK HILLS 3RD ADDN) T. Contract 92 -FF, Acknowledge Completion/Authorize City Maintenance (Burr Oak Hilts 3rd Addition - Streets & Utilities) --The installation of public streets and utilities to service the Burr Oak Hills 3rd Addition were installed privately by the developer under the terms and conditions of the development agreement and in accordance with the plans and specifications approved for this project. All inspections have now been completed by City representatives and the project is found to be in order for formal Council action acknowledging completion and authorizing perpetual City maintenance subject to related warranty provisions. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Contract 92 -FF (Burr Oak Hills 3rd Addition - Streets & Utilities) and authorize perpetual City maintenance subject to related warranty provisions. ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (FOUR OAKS ESTATES) U. Contract 93-0, Acknowledge Completion/Authorize City Maintenance (Four Oaks Estates - Utilities) --The installation of public sewer and water services to service the above - referenced development was installed privately by the developer under the terms and conditions of the development agreement and in compliance with City approved plans and specifications. All inspections have been performed by representatives of the Public Works Department and found to be in order for formal Council action of acknowledging completion and authorizing perpetual City maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Contract 93-0 (Four Oaks Estates - Utilities) and authorize perpetual City maintenance subject to appropriate warranty provisions. u4 Agenda Information Memo September 6, 1994, City Council Meeting ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (SUMMER PLACE 2ND ADDN) V. Contract 90-J, Acknowledge Completion/Authorize City Maintenance (Summer Place 2nd Addition - Streets & Utilities) --The installation of public streets and utilities to service the above -referenced subdivision were installed privately by the developer under the terms and conditions of the development agreement and in conformance with the plans and specifications approved for this project. All inspections were performed by representatives of the Public Works Department and found to be in order for formal Council acknowledgement and authorization of perpetual City maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Contract 90-J (Summer Place 2nd Addition - Streets & Utilities) and authorize perpetual City maintenance subject to appropriate warranty provisions. ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (RIVER BLUFF TOWNHOMES) W. Contract 93-A, Acknowledge Completion/Authorize City Maintenance (River Bluff Townhomes - Utilities) --The installation of public utilities to service the above -referenced subdivision were installed privately by the developer under the terms and conditions of the development agreement and in conformance with the approved plans and specifications. All inspections were performed by representatives of the Public Works Department and found to be in order for formal Council acknowledgement and authorization of perpetual City maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Contract 93-A (River Bluff Townhomes - Utilities) and authorize perpetual City maintenance subject to appropriate warranty provisions. Agenda Information Memo September 6, 1994 City Council Meeting CONTRACT 93-16/APPROVE CHANGE ORDER #3 X. Contract 93-16, approve Change Order #3, Lexington Diffley athletic site --Change Order #3 involves the replacement of 8" PVC sleeving with 10" PVC sleeving, installing 4" PVC sleeving for high voltage lines at trail crossings. The increase in PVC size from 8" to 10" was made necessary as a result of the determination that there be greater efficiency in the irrigation system (and at less cost) with the larger sleeving. The electrical PVC piping became necessary as a result of Dakota Electric determining that it would be cheaper to sleeve rather than to tunnel under trails. The Change Order amounts to $3,141.60 increasing the revised contract amount to $805,352.01. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #3 for Contract 93-16, for a change of $3,141.60 increasing the revised contract amount to $805,352.01. 4 Agenda Information Memo September 6, 1994 City Council Meeting RESOLUTION/EAGAN'S PARTICIPATION IN ENHANCED 9-1-1 FUNDING Y. Resolution Requesting/Outlining Eagan's Participation in Enhanced 9-1-1 Funding --The State Legislature recently enacted legislation effective January 1, 1995, authorizing 10 cents of the 9-1-1 fee collected from telephone customers to be distributed monthly to counties and cities to help cover the costs of implementing and maintaining their enhanced 9-1-1 systems. r Q Enclosed on pages `-k D through q is a copy of a resolution requesting/outlining Eagan's participation. The resolution, which is needed by Dakota County, asks for direct distribution of the money to Eagan and for credit for Rosemount's population since we dispatch for that City. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution requesting/ outlining Eagan's participation in enhanced 9-1-1 funding. Lrl CITY OF EAGAN RESOLUTION REQUESTING/OUTLINING EAGAN'S PARTICIPATION IN ENHANCED 9-1-1 FUNDING WHEREAS, the City of Eagan operates enhanced 9-1-1 service as a Dakota County public safety answering point, and; WHEREAS, the City of Eagan incurs substantial costs for operation and maintenance of the enhanced 9-1-1 service, and; WHEREAS, recent state legislation authorizes the collection and distribution of fees to help cover the costs of implementing and maintaining enhanced 9-1-1 systems, and; WHEREAS, the City of Eagan expects to assess and spend $442,000 during 1995 on communications systems including enhanced 9-1-1 services, and; WHEREAS, the City of Eagan provides dispatching services for the City of Rosemount, and; WHEREAS, the City of Eagan maintains an interest bearing checking account (number 111919438528) at First Bank Eagan, 3629 'Crestwood Lane, Eagan, MN 55123. NOW, THEREFORE, BE IT RESOLVED that the City of Eagan desires to participate in the distribution of the enhanced 9-1-1 service funding, and; NOW, THEREFORE BE IT FURTHER RESOLVED that the City of Eagan desires direct distribution of its share of the funding and desires population credit for residents of the City of Rosemount as well as for the residents of the City of Eagan. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: 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 day of , 1994. ue\ E.J. VanOverbeke, City Clerk City of Eagan Agenda Information Memo September 6, 1994 City Council Meeting FINAL PLANNED DEVELOPMENT AGREEMENT/MANN THEATER Z. Final Planned Development Agreement, Town Centre 100 Twelfth Addition - Mann Theater --The final planned development agreement for the Mann Theater has been completed. It is technically called the fourth amendment to Eagan Heights Commercial Park planned development agreement. This amendment reflects the final revisions to the parking lot layout, pond edge, landscaping and building materials. Enclosed on pages , 1 through (,, ( is a copy of the planned development agreement. Approval of this document is now in order and approval would be appropriate. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final planned development agreement for the Mann Theater. 0 FOURTH AMENDMENT TO EAGAN HEIGHTS COMMERCIAL PARK PLANNED DEVELOPMENT AGREEMENT This Agreement is made this day of , 1994, by and between the City of Eagan, a Minnesota municipal corporation, hereinafter referred to as ("the City"), and the following entities: Eagan Heights Commercial Park, a Minnesota general partnership; Federal Land Company, a Minnesota general partnership; BCW Partnership, a Minnesota general partnership ("BCW"); MGC Partnership, a Minnesota general partnership ("MGC"); and Mann Theaters, Inc., a Minnesota corporation ("Mann") (collectively referred to as "Applicant"). WHEREAS, by document dated June 6, 1985, the City and Eagan Heights Commercial Park ("EHCP"), did enter into the Eagan Heights Commercial Park Planned Development Agreement ("Agreement"), which Agreement regulated the use and development of property depicted on Exhibit "A" attached thereto; and WHEREAS, the Agreement has been amended by document dated July 19, 1988, further amended by document dated September 29, 1993; and further amended by document dated December 13, 1993; and WHEREAS, the Agreement and amendments thereto run with the land and are binding upon successors and assigns of EHCP; and WHEREAS, the Eagan City Code and the Agreement provide for amendments to the Agreement, upon application of the original owner or its successors and assigns and upon approval by the City; and WHEREAS, EHCP is the owner of a portion of Outlot A, Town Centre 100 Ninth Addition; and WHEREAS, BCW, is the owner and successor interest a portion of Outlot G, Town Centre 100 First Addition; WHEREAS, MGC is the purchaser of Outlot G, Town First Addition from BCW; and to EHCP of and Centre 100 WHEREAS, Mann, is the owner and successor in interest to EHCP of a portion of Outlot A, Town Centre 100 Ninth Addition and a portion of Outlot G, Town Centre 100 First Addition, which property has been replatted as Lot 1, Block 1, Town Centre 100 Twelfth Addition, and WHEREAS, Federal Land Company is the owner and successor in interest to EHCP of Lots 3 and 4, Block 1, Town Center 100 Sixth Addition; and WHEREAS, Mann desires to make and the City has approved certain changes and modifications to certain Exhibits to the Agreement as herein set forth; and WHEREAS, the parties to the Agreement consent to the amendment and modification of the Agreement to reflect such other changes in said Exhibits. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Exhibits F and I attached to the Third Amendment to Eagan Heights Commercial Park Plan Development Agreement are hereby deleted in their entirety and the attached Exhibits marked, respectively "Exhibit F -Landscape Plan" and "Exhibit I -Building Elevation and Materials" are hereby substituted therefore. Originals of Exhibits F and I, as attached hereto, are on file with the City. 2. Except as expressly amended and modified herein, all other terms and conditions of the Agreement, as previously amended, are hereby ratified and confirmed in their entirety. 3. This Amendment may be executed in one or more counterparts, all of which shall be consolidated into and considered to be one and the same document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF EAGAN, a Minnesota municipal corporation By: Thomas A. Egan Its: Mayor By: E. J. VanOverbeke Its: City Clerk EAGAN HEIGHTS COMMERCIAL PARK, a Minnesota general partnership By: FEDERAL LAND COMPANY, a Minnesota general partnership Its: General Partner By: Its: General Partner FEDERAL LAND COMPANY, a Minnesota general partnership By: Its: General Partner BCW PARTNERSHIP, a Minnesota general partnership By: Its: General Partner MGC PARTNERSHIP, a Minnesota general partnership By: Its: General Partner MANN THEATERS, INC., a Minnesota corporation By: Stephen Mann Its: President -3- �3 STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this day of , 1993, before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF On this day of , 1994, before me a Notary Public within and for said County, personally appeared , to me personally known, who, being by me duly sworn to be a partner of Eagan Heights Commercial Park, the general partnership named in the foregoing instrument, and that said instrument was signed on behalf of said general partnership by said and and they acknowledged said instrument to be the free act and deed of the general partnership. Notary Public -4- 5 `i STATE OF MINNESOTA ) ss COUNTY OF On this day of , 1994, before me a Notary Public within and for said County, personally appeared to me personally known, who, being by me duly sworn to be a partner of Federal Land Company, the general partnership named in the foregoing instrument, and that said instrument was signed on behalf of said general partnership by said and he acknowledged said instrument to be the free act and deed of the general partnership. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF On this day of , 1994, before me a Notary Public within and for said County, personally appeared to me personally known, who, being by me duly sworn to be a partner of BCW Partnership, the general partnership named in the foregoing instrument, and that said instrument was signed on behalf of said general partnership by said and he acknowledged said instrument to be the free act and deed of the general partnership. Notary Public -5- 5< STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 1993, before me a Notary Public within and for said County, personally appeared to me personally known, vho, being by me duly sworn to be a partner of MGC Partnership, the general partnership named in the foregoing instrument, and that said instrument was signed on behalf of said general partnership by said and he acknowledged said instrument to be the free act and deed of the general partnership. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF On this day of , 1994, before me a Notary Public within and for said County, personally appeared to me personally known, who being by me duly sworn, did say that he is the President of Mann Theaters, Inc., the corporation named in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and said President acknowledged said instrument to be the free act and deed of the corporation. APPROVED AS TO FORM: Notary Public City Attorney's Office Dated: -6- APPROVED AS TO CONTENT: Community Development Department Dated: THIS INSTRUMENT WAS DRAFTED BY: SIEGEL, BRILL, GREUPNER & DUFFY, P.A. (JSW) 1300 Washington Square 100 Washington Avenue South Minneapolis, Minnesota 55401 (612)339-7131 JSW\rsh 40/940818/I1C/19010JG/4th.ame 40/940712/IK/19010/O1.agr -7- 5$ Var.-ey ?,rscc:aces EAGAN :EAT'!E EAG=Y )41: LANDSCAPE P! ANI war= /_1 Ea S IT r;1; ;HnT1Ilt=„„ ._j van-^.e:v 1 i� .t..= i_ -? films i i )7l; .-- e= _- • aL1M. JM n0 =-- a✓.� �I r 1 1!- lit - h!! 4 4 i.�Et'tt� 't�f • —0 • L 11 ;IDA 111 E+ 1 11 w i 11 11 41 \ JJ)J)J)•dl•rrg r• 1 uttiti?E 1h It zry If ;1 _ f` 5 t } h Si i;1 : I i= :111119111 1!- lit - h!! 4 4 i.�Et'tt� 't�f • —0 • L 11 ;IDA 111 E+ 1 11 w i 11 11 41 \ JJ)J)J)•dl•rrg r• 1 uttiti?E 1h It zry If ;1 _ f` 5 t } h Si i;1 : I Agenda Information Memo September 6, 1994 City Council Meeting PURCHASE/FIRE DEPARTMENT RESCUE VEHICLE AA. Award Cpntract, Fire Department Heavy Duty Rescue Vehicle --Enclosed on pag%3 through CO Li is a memorandum from the Fire Department covering a bid tabulation for the heavy rescue vehicle. As noted in the Fire Department memorandum, the apparent low bidder has been determined by the department to substantially deviate from the bid specifications. As such, the department is recommending that the bid be awarded to SVI in the amount of $193,585. The department is also recommending that equipment totaling $38,313 be installed at the time of delivery because it will then qualify for a tax exemption for fire vehicles. Delivery will be taken after January 1, 1995 and the Fire Department is proposing to fund the balance of the cost from the 1995 CIP. Purchase of the vehicle in lieu of a replacement pumper was authorized by the City Council at a previous meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To award the bid for the Fire Department's heavy duty rescue vehicle to SVI as presented. EAGAN FIRE DEPT. TEL city of VE an Aug 31'94 13:30 No.003 P.01 MEMO DATE: August 31, 1994 TO: Tom Hedges, City Administrator FROM: Dale Nelson, Fire Chief SUBJECT: Heavy Reaaue/Alr Truck Enclosed are the final bids received for the Eagan Firs Department's new Heavy Rescue/Air Truck to replace Unit 3, which was the first new piece of fire equipment the fire department purchased. I would like to thank my Truck Committee for the many months it took to draw the final specifications of this unit to assure the City receives not only the right truck to meet the City of Eagan's needs, but also allows the City end It's tax payers maximum longevity of product life. As you recall, we have at this time $197,000 budgeted for this purchase. As you review the final bid by SVI that was the low bid, the total cost of truck and equipment comes to a total of 6231,898. The truck alone represents 5193,585. The balance of money needed to meet the 4231,898 total 1 would expect to be drawn against our 1995 C!P by approval of the fire department Executive Board of thia vehicle le expected to be after January 1, 1996. By making the purchase of the truck equipment and having the equipment delivered on the truck allows the equipment to be tax exempt allowing a savings to the City of 42,490. If further information is needed, please contact me via pager. DN/kmk Attachment a•96X 4-' 612 6814777 08-31-94 02:37PM P001 426 EAGAN FIRE DEPT. TEL gegen fire department Aug 31'94 13:30 No.003 P.02 DATE: August 31, 1994 TO: Dale Nelson, Fire Chief FROM: Mike Scott, Truck Committee Chairperson SUBJECT: Heavy Rescue/Air Truck Bid MEMO As 1 explained to you, we received three bids for our Heavy Rescue/Air Truck specifications. They arc as follows: Hackney & Sons Truck: $171,864 Equipment: no bid. TOTAL $171,864 SVI Truck: S193,585 Equipment: 38,313 TOTAL $231,898 RSQ Truck: $203,680 Equipment: 35,706 TOTAL S239,386 The Truck Committee has read all three specifications. We have determined that SVl is the only company to meet all of our specifications without any exceptions. Hackney & Sons has twelve pages of exceptions to our specifications. These include major design, layout, and material changes that make this an infesior vehicle. Please sce our attached list of exceptions. It is our recornmeadation that we accept SVI's truck bid. This is the second lowest bid and they have met all of our requirements. As you know, budget for this truck was S197,000. The truck came in at S193,585. Please feel free to contact me with any other questions. G2(.( 612 681 4777 08-31-94 02:37PM P002 #26 Agenda Information Memo September 6, 1994 City Council Meeting POLICE DEPARTMENT BID PACKAGES/MISCELLANEOUS SYSTEMS BB. Award Bid, Police Department/Municipal Center Expansion, Security Systems, Dumb Waiter & Locker Packages --When the bids for Police Department construction were originally approved, it was recommended that the bids for security systems, dumb waiter and lockers be rejected and that those items be rebid to attempt to attract additional bidders and more competitive prices Those bids were opened on Thursday, August 25. Enclosed on pages (o through \ is a memorandum from the construction manager together with a bid tabulation relative to these items. The bids for security systems and the dumb waiter came in approximately $7,000 below the previous bid, while that for lockers and benches came in higher than the original bid. The original bidder has offered to hold his original price for lockers and benches and it is the recommendation of the construction manager, E & V, that the City pursue the previous low bidder in that regard. A second action covering that recommendation will be provided at a later date. The bid packages for the dumb waiter and security systems are in order for consideration by the City Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the bids for the security systems, dumb waiter and lockers and benches, reject the bids for lockers and benches and award the bids for dumb waiter and security systems to the apparent low bidders as presented. (0, FUG -31-1994 1500 E & V1 INCORPORATED 612 559 5104 P.01/03 Construction Services Holland • Minneapolis • Sacramento Mr. Jan Hohenstein Assistant City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 August 31, 1994 SUBJECT: Police Facility Dear Mr. Hohenstein: On August 25, 1994 we re -bid the lockers, dumb waiter and security system. Enclosed is a copy of the bid tabulations. We recommend awarding the following Bid Divisions: Bid Division 18: Lockers & Benches (Hold) Bid Division 21: Dumb Waiter Schindler Elevator Corp. Base Bid $12,315.00 10952 Bren Road E. Minnetonka, MN 55343 Bid Division 26: Security Systems Mid -Co Security Systems Base Bid $83,110.00 7667 Cahall Road Alt. G-11 +$3,080.00 Minneapolis, MN 55439 Add Hems +52,738.00 Contract $88,928.00 If you have any questions, please contact us. Sincerely, E&V, INCORPORATED Michaee Stowe Sr. Project Manager MS/mek cc: Thorbeck Architects, Ltd. aiding Ree tiortships Through F rfomionce" E & V INCORPORATED 12800 Industrial Paris Blvd.•Sulte 210•Mimeopols, MN 55441-900.612/559-4111 R-9896 L1412 559 5104 08-31-94 02:55PM P001 #28 AUG -31-19 a 1' d-1'. Lit a t 1 5 i 0twit i Vala w OJ R-99% le112 559 5104 08-31-94 02:55PM P002 #28 1500 E 8 V, IPORRTED 612 559 5104 P.O2/O3 1 Sz 'w ..;1-,.-,....§ � �:'}, +�3 I 7 8 71 8 N ti < •, O 8 N ji .•< te S O caN O ire 3 8 w O b W 4 O 4 N si St o 9 r7=47.1 901x: LOCKERS AND BENCHES BD 21: DUMB WAITER 16 x enamor Ahohneme akww {:� W g Ogg r N !7 •f • 0 a AUG -31-1994 15:01 R.99% E 8 V, INCORPORATED 612 559 5104 P.03,03 t tgle. w* • Aw9% :ice.. WN Owft *r -a Val {] Me Y va* i6k ry b. Dry .u.r i T ;o w Primary Equipment 8420 Watt Lake St St Louis Park MN 55425 1 k dap.. i ,gam . may a s ... ... o..' a . , g ;,...!.-1, '..., E 8 V, INCORPORATED 612 559 5104 P.03,03 N 612 559 5104 08 8 8 0 !r 6 'az Eco2 3 TOTAL P.03 08-31-94 02:55PM P003 #28 1 A Val Me 14 1 ':1 ,5 r F w v A i. i. ��" f. 1. LI f1 • �� L WE a r 245 Gelsxy Dr. Circle Pines MN 55014 agerqulst Elevator 1601 West River Rd. Horth Minneapolis MN 554111 g ftl we m O Qp C Lei IS i Schindler Elevator Corp. 10952 Bren Rd. E. Minnetonka MN 55343 .-- re otR AYe6'- ; N 612 559 5104 08 8 8 0 !r 6 'az Eco2 3 TOTAL P.03 08-31-94 02:55PM P003 #28 Agenda Information Memo September 6, 1994 City Council Meeting GAMBLING LICENSE EXEMPTION/DUCKS UNLIMITED CC. Resolution, Gambling Exemption, Ducks Unlimited - Eagan Chapter --Enclosed without page number is a copy of an application received of Gordon Hess on behalf of the local chapter of Ducks Unlimited requesting exemption from the lawful gambling license requirement for a benefit to be held at the Royal Cliff banquet facility on September 21, 1994. Enclosed on page ( is a resolution covering this application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution for an exemption from the lawful gambling license requirement for the Eagan chapter of Ducks Unlimited as presented. RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE WHEREAS, Ducks Unlimited - Eagan Chapter has applied for an exemption from Lawful Gambling License, and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny: NOW, THEREFORE BE IT RESOLVED, that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling License for Ducks Unlimited - Eagan Chapter. Motion made by: CITY OF EAGAN CITY COUNCIL Seconded by: By: Those in favor: Its Mayor Those against: Attest: Its Clerk Dated: CERTIFICATION I, EJ: 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 6th day of September, 1994. EJ. VanOverbeke, City Clerk City of Eagan Agenda Information Memo September 6, 1994, City Council Meeting RECEIVE FEASIBILITY REPORT/ORDER PUBLIC HEARING (RED OAKS ADDN) DD. Project 675, Receive Feasibility Report/Order Public Hearing (Red Oak Addition - Streets & Utilities) --On August 16, 1994, the City Council received the petition from the developer of the proposed Red Oaks Addition requesting the preparation of a feasibility report and detailed plans and specifications for the construction of streets and utilities necessary to service the proposed development. City staff has prepared the report and the plans and specifications as requested by the developer and authorized by the City Council at their August 16 meeting. Due to the relatively small amount of time remaining to complete street and utility construction this construction season, staff is requesting the Council's consideration of scheduling a public hearing for October 4, 1994, and authorizing the advertisement for bids for a bid opening to be held on September 30, 1994, at 10:30 a.m. Earlier on the Consent Agenda (Item Q), staff is presenting a recommendation to the City Council regarding the award of Contract 94-02 which included streets and utilities to service the Villas of Violet Lane improvement, a mill and overlay of Yankee Doodle Road located east of Highway 13, and storm sewer improvements to the St. Francis Wood Addition. Under the previous item, staff is recommending that Contract 94-02 be awarded, deleting the St. Francis Wood Addition storm sewer improvements. Under that contract, the St. Francis Wood Addition storm sewer improvements were bid at approximately $53,000 which is approximately $24,000 above what staff feels the storm sewer improvements can be completed for. As a result, staff is requesting the inclusion of the St. Francis Woods Addition storm sewer improvements along with the Red Oaks Addition - Streets & Utilities. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 675 (Red Oaks Addition - Streets & utilities) and schedule a public hearing to be held on October 4, 1994, and in addition, approve plans and specifications/authorize advertisement for bids for City Contract 94-16 (Red Oaks Addition - Streets & Utilities and St. Francis Woods - Storm Sewer) and schedule a bid opening for September 30, 1994, at 10:30 a.m. Agenda Information Memo September 6, 1994 City Council Meeting RESOLUTION/STIPULATION OF SETTLEMENT EE. Resolution, Adopting Stipulation of Settlement --The City Attorney's office has negotiated a proposed settlement agreement for the Entertainment Communications v. City of Eagan Assessment Appeal. Enclosed on page 1 (� is a copy of the resolution adopting the settlement. Also enclosed without page num r is a memorandum from the City Attorney's office outlining the assessment, the appeal and the resulting proposed settlement. Finally, also enclosed without page number is a copy of the settlement agreement. The City Attorney's office and City staff are recommending approval of the agreement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the resolution of the City of Eagan adopting stipulation of settlement. '13 RESOLUTION OF THE CITY OF EAGAN ADOPTING STIPULATION OF SETTLEMENT WHEREAS, on October 19, 1993, the City of Eagan assessed land identified by Property Identification Nos. 10-03100-011-03 and 10-03100-012-03 ("Subject Property") for street and utility improvements as part of Public Improvement Project No. 609; and WHEREAS, Entertainment Communications, Inc., the owner of the Subject Property, has brought an action in District Court appealing the assessment identified as Dakota County District Court File No. C5-93-010158; and WHEREAS, the parties in this case have settled the assessment dispute according to the terms described in the attached Stipulation. NOW, THEREFORE, be it resolved, the Eagan City Council hereby adopts the attached Stipulation resolving this assessment appeal and authorizes the Mayor and City Clerk to execute this Stipulation on the City's behalf. Dated: , 1994. CITY OF EAGAN By: Thomas A. Egan Its: Mayor ATTEST: E. J. VanOverbeke, City Clerk TO: MEMORANDUM PRIVILEGED AND CONFIDENTIAL Tom Egan, Mayor Patricia Awada, Councilmember Shawn Hunter, Councilmember Sandra Masin, Councilmember Ted Wachter, Councilmember Tom Hedges, City Administrator FROM: Annette M. Margarit, Assistant City Attorney DATE: August 31, 1994 RE: Entertainment Communications v. City of Eagan Assessment Appeal Court File No. C5-93-10158 On October 19, 1993, as part of Public Improvement Project No. 609, the City of Eagan levied assessments for the improvement of Cliff Road including utilities. Entertainment Communications, Inc. owns two parcels on Cliff Road just to the west of the Department of Transportation Driver's Training Facility. One parcel is used as the studio of a radio station and the other larger parcel is used as the antenna for the radio station. The parcels were assessed as follows: Antenna Parcel: Sanitary Sewer Lateral $ 7,546.14 Water Lateral $ 9,626.75 Street $35,756.88 TOTAL $52,929.77 Studio Parcel: Street $20,161.12 As you recall, the Council directed this office to negotiate a settlement with the radio station. For the past several months, the radio station insisted that all assessments should be deferred until the parcels are put to another use. Unwilling to accept the radio station's position, we filed a Motion to Dismiss in July, 1994, arguing that Entertainment Communication's appeal had not been filed in time. Our argument was based on the fact that the appeal documents had been faxed to the Dakota County Judicial Center and had been stamped "received" by the Court staff the day after the documents were due. The attorney for Entertainment Communications argues, however that the documents were faxed and arrived at the Court on time. They contend that although the documents were not handled by a clerk on the required date, the documents were transmitted on the correct day, and thus should be considered to have been received on that date. Nonetheless, after we filed the motion, Entertainment Communications discussed reasonable settlement offers which led to the following proposal: 1. The radio station would pay the levied assessments on the studio parcel as scheduled. 2. The assessments including principal and interest for the antenna parcel would be paid with the first payment due beginning in the year 2008, and payments terminating in the year 2023. 3. If, prior to the year 2003, [expiration of the originally levied 10 years] the antenna parcel is used for anything other than an antenna or gets platted, the payments would be made over whichever period is longer, (a) through the year 2003, or (b) five years from the date of platting or new use. Interest would be calculated over the payment period. 4. If, during or after the year 2003, the antenna parcel is used for anything other than an antenna or gets platted, the payments would be made five years from the date of platting or new use. Interest would be calculated over the payment period. The settlement agreement reflects the opinion of Tom Metzen, the City's appraiser in this case, as to the City's ability to prove benefit of this project to these parcels. A copy of Mr. Metzen's opinion letter is attached. Enclosed please find a proposed Settlement Agreement for your review. If you find the Agreement satisfactory, I request that the Council adopt the enclosed resolution authorizing the Mayor and City Clerk to execute the Settlement Agreement on behalf of the City. AMM/wkt cc: Tom Colbert, Director of Public Works Gene VanOverbeke, City Clerk Jim Sheldon, City Attorney July 6, 1994 Annette M. Margarit Severson, Wilcox & Sheldon, PA 600 Midway National Bank Building 7300 West 147th Street Apple Valley, Minnesota 55124 RE: Entertainment Co Court File No. 9-C5-93_0101ons VS City of Eagan 19-05-93-O10I58 I have viewed the parcels located on across from Dakota Count Cliff Road, parcel numbers 10-03100-01Z_ State Bank, identified as of the purpose of dete g benefit 1if03ny, as03 and a03, for Project No. Junin Cliff Road. 609, reconstructionand as a result nd expansion of It is difficult to 03100 It is based tn prove benefit to the antennas. the current use and parcel IO- thes It is my opinion that location of parcel be deferred until the assessment on property is sold or the ngcd time that the use is changed. I feel that the assessments certified to parcel 012-03 are justified and fair. Sincerely, Thomas F. Me en Cert. Gen. Real Prop. Appr. ID #4000158 57.22-.4 • ,1;;. STATE OF MINNESOTA COUNTY OF DAKOTA Entertainment Communications, Petitioner, vs. City of Eagan, a municipal corporation, Respondent. DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No.: 19-C5-93-010158 Case Type: Other Civil SETTLEMENT AGREEMENT AGREEMENT made this day of , 1994, by and between the CITY OF EAGAN, a Minnesota municipal corporation ("City"), and ENTERTAINMENT COMMUNICATIONS, INC., ("Entertainment Communications"). RECITALS WHEREAS, Entertainment Communications is the owner of real property located on Cliff Road in the City of Eagan, Dakota County, Minnesota, known as Property Identification No. 10-03100-011-03 ("Antenna Parcel") and legally described as follows: All that part of the Northeast Quarter (NE4) of Section Thirty -One (31), Township Twenty -Seven (27), Range Twenty -Three (23) described as follows: Commencing at the northwest corner of the Northeast Quarter (NE;) of said Section Thirty -One (31) thence South 89° 28' 45" East (assumed bearing) along the north line of the Northeast Quarter (NE;) of said Section Thirty -One (31) a distance of 656.27 feet to the point of beginning of the land to be described; thence continuing along the last described line a distance of 466.80 feet; thence South 0° 09' 15" West.a distance of 1230.00 feet; thence North 89° 28' 45" West a distance of 730.00 feet; thence North 0° 09' 15" East a distance of 254.97 feet; thence North 17° 00' 00" East a distance of 891.11 feet; thence South 89" 28' 45" East a distance of 4.18 feet; thence North 0° 31' 15" east a distance of 120.50 feet to the point of beginning. Records of Dakota County, Minnesota. Subject to reservations, restrictions and easements of record. WHEREAS, Entertainment Communications is the owner of real property located on Cliff Road in the City of Eagan, Dakota County, Minnesota, known as Property Identification No. 10-03100-012-03 ("Studio Parcel") and legally described as follows: That part of the Northeast Quarter of Section 31, Township 27, Range 23, Dakota County, Minnesota, described as follows: Commencing at the northwest corner of the Northeast Quarter of said Section 31; thence South 89° 28' 45" East (assumed bearing) along the north line of the Northeast Quarter of said Section 31 a distance of 393.07 feet to the point of beginning of the land to be described; thence continuing along the last described line a distance of 263.20 feet; thence South 0° 31' 15" West a distance of 120.50 feet; thence North 89° 28' 45" West a distance of 4.18 feet; thence South 17° 00' 00" West a distance of 891.11 feet; thence North 0° 09' 15" East a distance of 975.03 feet to the point of beginning. Subject to County Road No. 32; Building restrictions, if any, and easements of record for utilities and public streets. WHEREAS, on October 19, 1993, as part of Project No. 609, the City levied a special assessment against the Antenna Parcel as follows: Sanitary Sewer Lateral $ 7,546.14 Water Lateral $ 9,626.75 Street $35,756.88 TOTAL $52,929.77 WHEREAS, on October 19, 1993, as part of Project No. 609, the City levied a special assessment against the Studio Parcel as follows: Street $20,161.12 WHEREAS, Entertainment Communications filed a Notice of Objection to the above-described special assessments and filed an appeal in Dakota County District Court known as Court File No. C5-93-010158; and WHEREAS, the parties wish to settle the dispute concerning the special assessment of the parcels and enter into this Agreement. NOW, THEREFORE, the parties agree as follows: 1. The special assessment for Project No. 609 against Parcel No. 10-03100-012-03, the Studio Parcel, shall remain and be paid as levied by the City Council. 2. The assessments levied against Parcel No. 10-03100-011-03, the Antenna Parcel, shall remain in the sum assessed but shall be paid as follows: a. The assessment shall be certified to Dakota County by November 1, 2007 and the first payment for the assessment shall be made according to the County payment schedule in the year 2008, and the final payment of the assessment shall be due in the year 2023. Payments shall be made pursuant to the attached schedule which includes 6.5% per annum simple interest for the 15 -year period. b. If, prior to the year 2003, [expiration of the originally levied 10 years] the Antenna Parcel (i) is used for anything other than an antenna site and the antenna use is discontinued or (ii) the Antenna Parcel gets platted, for another use and the antenna use is discontinued (collectively the "Triggering Event") the payments would be spread and made payable over whichever period is longer, (i) the number of years remaining through the year 2003, or (ii) five years from the date of the Triggering Event. Simple interest at 6.5% per annum would be calculated over the payment period. c. If the Triggering Event occurs during or after the year 2003, the payments would be made five years from the date of the Triggering Event. This payment plan shall be adopted even if payments have commenced pursuant to Paragraph 2.a. herein. Simple interest at 6.5% per annum would be calculated over the payment period. 3. The City will record this Agreement with the Dakota County Recorder's Office. 4. Entertainment Communications waives all rights granted by Minn. Stat. Chapter 429 with respect to this assessment, including but not limited to, the right to notice, hearing, and to appeal the payment terms to District Court. CITY OF EAGAN By: Thomas A. Egan Its: Mayor By: Gene VanOverbeke Its: City Clerk ENTERTAINMENT COMMUNICATIONS, INC. By: Its: STATE OF MINNESOTA ) COUNTY OF DAKOTA ) ss On this day of , 1994, before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. STATE OF MINNESOTA ) COUNTY OF ) ss. Notary Public On this day of , 1994, before me a Notary Public within and for said County, personally appeared to me personally known, who being by me duly sworn, did say that he is the of Entertainment Communications, Inc., the corporation named in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and said acknowledged said instrument to be the free act and deed of the corporation. Notary Public APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: Finance Director Dated: THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley, Minnesota 55124 (612) 432-3136 AMM/wkt 4_NF1, Fs:''1 -- a — IC :HEL2C'1 F102 E] USING SIMPLE INTEREST PRINCIPAL INTEREST 1ST YEAR IN'EREST 14 YEARS TERM RATE PRlINC I PAL ANNUAL PR 'YEAR OWED AFTER 15 0.065 105,109.70 7,007.31 RETIREMENT SCHEDULE OF OUTSTANDING BALANCE INTEREST 52,929.77 4,013.84 (52,929.77*.065*(14/ 48,166.09 (52929.77*.065*14) 105,109.70 105,109.70 ANNUAL PRINCIPAL INSTALLMENT 1 105,109.70 2 98,102.39 3 91,095.07 4 84,087.76 5 77,080.45 6 70,073.13 7 63,065.82 8 56,058.51 9 49,051.19 10 42,043.88 11 35,036.57 12 28,029_25 13 21,021.94 14 14,014.63 15 7,007.31 6,832.13 6,376.66 5,921.18 5,465.70 5,010.23 4,554.75 4,099.28 3,643.80 3,188.33 2,732.85 2,277.38 1,821:90 1,366.43 910.95 455.48 7,007.31 7,007.31 7,007.31 7,007.31 7,007.31 7,007.31 7,007.31 7,007.31 7,007.31 7,007.31 7,007.31 7,007.31 7,007.31 7,007.31 7,007.31 13,839.44 13,383.97 12,928.49 12,473.02 12,017.54 11,562.07 11,106.59 10,651.12 10,195.64 9,740.1/ 9,284.69 8,829.21 8,373.74 7,918.26 7,462,79 Agenda Information Memo September 6, 1994, City Council Meeting Lie HEARING ................................................... ..................................................... VACATE PORTION OF PUBLIC RIGHT-OF-WAY & EASEMENTS (MENDOTA ROAD) A & B. Vacate Portion of Public Right -of -Way & Easements - Mendota Road --On August 2, the City Council received two separate petitions requesting the vacation of different portions of Mendota Road which is located northeast of and parallel to the CP - Soo Line Railroad running along 11-1 149/55 through the Industrial Park. While each of these petitions requesting its respective vacation of a portion of Mendota Road were submitted and had their public hearings separately scheduled, their proximity to each other and similar issues would be best served by holding one general public hearing to discuss both issues and then having the Council act on each request individually to protect the integrity of the individual vacation hearing process. Enclosed on pages`? (Q through are maps showing the eneral location and relationship of the two petitioned requests. Also enclosed on pages 7Cf and �,�, are individual sketches and legal descriptions for each one specifically. All notices have been published in the legal newspaper and sent to all affected property owners and potentially interested utility companies. In response to this notification, Peoples Natural Gas had identified the location of one of their high pressure mains within this right- of-way. They have subsequently been able to negotiate the acquisition of a separate specific easement for their pipeline. City staff is still researching the location of a 12" watermain in relation to portions of the utility easement vacation requested over Lot 8. A status report will be presented at the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: 1. To close the public hearing and vacate that portion of Mendota Road adjacent to Lots 6 and 7 of the Robert O'Neil homestead as described and authorize its certification to Dakota County. 2. Close the public hearing and approve the vacation of the Mendota Road right-of-way as described adjacent to Lots 7 and 8 of the Robert O'Neil Homestead and authorize its certification to Dakota County. V EZDO • s�o E/'HTS 4 NW .7[ .8e CONE .0* LOA •vC 3 OD NW VACATION REQUEST SITE city of eagan PUBLIC WORKS DEPARTMENT VACATION REQUEST (MENDOTA ROAD) AND 2 UTILITY EASEMENTS NO'S. 344685 & 344690 approved: standard plate * : ?co I'I� II 1111 011 1 — / = N e�\ t r°\ \ 1 11�\1\I 1nIl/ I 111 1 ,1/ . 1/ . 1 0.111\ / 0111 \ / / /1 / \ / I 4 • C waw L JJ11 �t"CI 1 \ \"y'1 _ `f \ \ •\1" \\ • \\\ \\ \ \ \ 11 �\ \ \ 1/ \" \ e : \ \\ I I— _— 1'r' 1 `�� 6)/I / / t I \ \--I-�,%'e9 / 1 \ 1 1 �✓ / — / _ 1 I 1 — 11 .I 1 • 1 1 \ V1 \_ \\ / _ \ 1 11 \ \ / 1 \ \ \ \\111 ` 1 1 1 1111111 I r 1 / 1 "'I" 1 / et1. .. > — I o �\ --�\ / \ / le--� \ _ \ loice Ain* --MOm-' re. 04 -= \I\I 1 11n /' 1-/ 1 1 'i\ 18 That part of Mendota Road as dedicated in the plat of THE ROBERT O'NEILL HOMESTEAD DAKOTA COUNTY, MN, which lies northwesterly of the following described line: Commencing at a point on the centerline of State Trunk Highway No. 55, said point being 781.24 Northwesterly of the intersection of said highway center line with the North-South center line of Section 2, when measured Northwesterly along said highway center line; thence deflecting left 89 degrees 57 minutes a distance of 734.4 feet to the Northeasterly right-of-way line of the Chicago, Milwaukee, Si. Paul and Pacific Railroad; thence Southeasterly along said right-of-way line 337.4 feet to the actual point of beginning of the line to be described; thence deflect to the left 105 degrees 55 minutes a distance of 821.0 feet to the center line of said State Trunk Highway No. 55 and there terminating, and Utility Easement Numbers 344685 and 344690. 9 UTILITY EASEMENT NUMBERS 344685 AND 344690 An easement for utilities across Lots 6 and 7, THE ROBERT O'NEILL HOMESTEAD, according to the recorded plat thereof, and across the East One -Half (E1/2) of the Northwest Quarter (NM) of Section 2, Township 27, Range 23, Dakota County, Minnesota, said easement being a 100 -foot temporary construction easement and a 20 -foot permanent easement, said temporary 100 -foot easement Tying between lines 45 feet Southwesterly of and 55 feet Northeasterly of and parallel with the following described center line and said 20 -foot permanent easement Tying between lines 5 feet Southwesterly of and 15 feet Northeasterly of and parallel with said following described centerline: Commencing at a point on the South line of the Southeast Quarter (SEk) of Section 2, Township 27, Range 23, Dakota County, Minnesota, 1028.25 feet East of the Southwest Corner of said Southeast Quarter (SEk); thence North at a right angle from said South line of the Southeast Quarter (SEk), a distance of 356.45 feet; thence Northeasterly at a deflection angle to the right of 42'58', a distance of 130.0 feet; thence Northwesterly at a deflection angle to the left of 79'10', a distance of 378.2 feet; thence Northwesterly at a deflection angle to the left of 10'49', a distance of 330.0 feet; thence Northerly at a deflection angle to the right of 40'07', a distance of 325.8 feet; thence Northeasterly at a deflection angle to the right of 50'21' a distance of 722.8 feet to a point hereafter referred to as Point "A"; thence Northwesterly at a deflection angle to the left of 101'01' run to the Southeasterly line of Lot 6 and being the actual point of beginning cif the centerline to be described; thence continuing Northwesterly to a point 523.45 feet Northwesterly of above referred to point "A"; thence Northwesterly at a deflection angle to the left of 14'30' a distance of 958.85 feet; thence Northerly at a deflection angle to the right of 57'21', a distance of 263.92 feet; thence Northwesterly at a deflection angle to the left of 47'19', a distance of 814.54 feet to its intersection with a line 25.0 feet South of and parallel with the South line of the following described tract: The North 266.9 feet of the Southeast Quarter of the Northwest Quarter (SEk, NM) tying South and West of State Trunk Highway Number 55; thence West at a deflection angle to the left of 28'15' along said parallel line being the centerline of a 100 foot temporary construction easement and a 20 foot permanent easement; said 100 foot temporary easement Tying between lines 75 feet South of and parallel with and 25 feet North of and parallel with said centerline and said 20 foot permanent easement Tying between lines 15 feet South of and 5 feet North of and parallel with said centerline, for a distance of 151.93 feet; thence Southwesterly at a deflection angle to the left of 61'50' along a line being the centerline of a 20 foot temporary construction easement and a 10 foot permanent easement; said temporary easement lying between lines 10 feet Southeasterly of and 10 feet Northwesterly of and parallel with said centerline and said 10 foot permanent easement lying between lines 5 feet Southeasterly of and 5 feet Northwesterly of said centerline; run to the West line of the East One -Half (E1/2) of the Northwest Quarter (NM) of said Section 2 and there terminates. �� n LEGAL DESCRIPTION That part of Mendota Road as dedicated in the plat of THE ROBERT O'NEILL HOMESTEAD, Dakota County, Minnesota, which lies between line A end line B described below: Line A Commencing et the northwest corner of Section 2, T.27N., R.23W., Dakota County, Minnesota; thence S. 0'50' 24" E (assumed bearing) along the west line of the NW1/4 of said Section 2 a distance of 959.00 feet; thence S. 62'21'24" E., 3,087.05 feet to the point of beginning of the line to be described; thence S. 27' 43' 54" W., 967.18 feet, more or less, to the northeasterly right-of- way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad and there terminating. Line 13 Commencing at the termination point of Line A described above; thence S. 47'20'54" E. a distance of 607.81 feet along the northeasterly right-of-way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad to the actual point of beginning of the line to be described; thence N. 42'45"05" E (assumed bearing) along the southeasterly line of Lot 6 of said plat to the centerline of State Trunk Highway No. 55 and there terminating. Agenda Information Memo September 6, 1994, City Council Meeting VACATE PORTION OF PUBLIC RIGHT-OF-WAY (BLACKHAWK ROAD) C. Vacate a Portion of Public Right -of -Way - Blackhawk Road --On August 2, the City Council received a petition to consider the vacation of a portion of Blackhawk Road located north of Cliff Lake Drive adjacent to the proposed Cliff Lake Townhomes development located between Cliff Lake Drive and the Highline easement. Enclosed on pagsg is a graphic and legal description of the property proposed to be vacated. All notices have been published in the legal newspaper and sent to all potentially interested parties informing them of this request and public hearing scheduled for September 6. Although staff has not received any concerns or .objections from outside parties, a review by the Public Works Department indicates the need to reduce the amount of vacation from 59' to 49'. The staff feels there is a need for the City to retain at least an additional 10' to be able to accommodate a potential future right -turn lane if, and when, the intersection of Cliff Lake Drive and Blackhawk Road is signalized in the future. Also, there is a 16" watermain located behind the trail that will be incorporated partially by this additional 10' of right-of-way and the proposed 10' public utility easement being dedicated with the final plat of the Cliff Lake Townhomes development. ACTION TO BE CONSIDERED ON THIS ITEM: 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. 3 SW 40' 12" r 2393.72 2330 SO— ... 0--• toga Description: That part of the Ven 59,00 feet of Minnesota Department of Transportation Right -of -Way Plat No. 19 which lies between the easterly extensions of the north and south lines of Oudot D. CUFF LAKE CENTER Dakota County MN CLIFF LAKE PROPERTY TO BE VACATED 4 CENTRE NO x �QE�E S,�E �,..0.''w!"mow+ 40 / 1 .r.-"-.A•1i5.i10 S"jt<"� r_�rp��R"t +.0*de 4°.../''' ,/ ''.r+ .��'••r �4y T� ♦+APV .I' -- ,,,,>a"..,,,,r Ci-.11. ye t`�y+ L� r_-: /� ....- 0. so, r �-"" 1 1 1 1 1 41 1 9 1 l 1 1 1 1 1 1 1 1 1 is ....... ✓ ",,----" rss �� rr ...- —"' - !s1 rI r o' r r r r rnr r 106. ICKf ' t lett •40 rest RAPT Cfnlrrt 114A1 TUTS 1S A 110.A AND r0RiCI pt19%141411044 fX ttt tpMtAfIES or tt* saw SISCAIDtrt Mellott Ac Suintrnu Itt NE 05 • 11515511415.111511 so►1uato E ioti#NtS.CtortU As sift R1t HST 11111 to /fAL��R1D rt./Mitt, TMtw*#Ptwf r., ,-, r"" 4r.41:=741. .st'i='E 1. « O.w"Oat 1i ` `1 \, 1 t i % t KM `!+31022 ;tiny, 'AGI •11T k� 9 D. 1111415M1Q!-411 Ftort Alii 1 Il f tai; lark 1 VACATION REQUEST SITE city of eagan PUBLIC WORKS DE PARTME BLACKHAWK ROAD VACATION REQUEST standard plate it: Agenda Information Memo September 6, 1994, City Council Meeting FINAL ASSESSMENT HEARING (WOODLANDS N 3RD ADDN) D. Project 648, Final Assessment Hearing (Woodlands N. 3rd Addition - Streets & Utilities) --On August 2, the Council received the final assessment roll for the above - referenced project and scheduled a public hearing to be held on September 6 to formally present the final assessments to the affected property owners. Enclosed on page$ 2 is a summary tabulation of the final assessment rates as compared to those estimate in the feasibility report presented at the public hearing held on April 10, 1993. All notices have been published in the legal newspaper and sent to all property owners proposed to be assessed under this project. Staff has had several meetings with those property owners who have had specific questions regarding these final assessments. Staff will be available to address further issues or concerns that may be raised during this public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and adopt the final assessment roll for Project 648 (Woodlands N. 3rd Addition - Streets & Utilities) and authorize its certification to Dakota County for collection. (14 FINAL ASSESSMENT HEARING PROJECT NUMBER: 648 ASSESSMENT BEARING DATE: SEPT. 6, 1994 SUBDIVISION/AREA:Woodlands North 3rd IMPROVEMENTS INSTALLED AAD/OR ASSESSED: P.R. — Feasibility Report SAKI?ART SEVER oTrunk DX Laterals 0 Service Lat. Benefit/ Trunk VIRAL P.R. RATES RATES $1,698.43/lot 61.19/ff PUBLIC EEARINC DATE: APRIL 10, 1993 $1,837.00/lot 38.80/ff STORM SEVER o Trunk © Laterals FINAL P.R. RATES RATES D Lat. Benefit/ Trunk 824.00/lot 7.33/ff =1,384.00/lot 7.37/ff RATER ❑ Trunk Laterals LiService LI Lat . Benefit/ Trunk DWAC $ 882.40/lot 15.10/ff 1,233.00/lot 18.82/ff STREETS • Gravel Base � 2,156.04/lot 1,925/lot [ I Surfacing 31.97/ff 23.77/ff D Res. Equiv. O Multi Equiv. C/I Equiv. El Trail SERVICES ['Water & San. Sewer $ 859.87/lot 4,068.21 =1,621.00/lot 5.617.00/1ot ;TREE? LIGHTS ® Installation -0- 0 Energy Charge $ 100.00/1ot CONTRACT A OF INTEREST AMOUNT CITY N0. 7ARCELS TERMS RATE ASSESSED 7INANCED $284,595.00 F.R. $ 28,610.00 F.R. 93-08 36 5 yrs. 6.5 % *268,614.04 $ 36,747.80 COMMENTS: 8� Agenda Information Memo September 6, 1994 City Council Meeting EAGAN CIVIC ARENA A. Eagan Civic Arena Project --A special City Council workshop was held on Tuesday, August 16, 1994 to receive the results of the fundraising campaign by the Civic Arena Fund Raising Committee for the civic arena project. At that meeting, certain consensus was taken by the City Council that included the lifting of the December 31, 1994 deadline for complying with the fundraising requirements and a general direction to meet with the architect to review the final design and development schematics for the civic arena building project. The City Council also directed the City Administrator to verify the cash pledges, in-kind and reduce bid commitments totalling $608,347, as submitted by the fundraising committee. The verification has been completed and design and development reviewed by members of the City Council, including Mayor Egan and Councilmember Hunter. A special City Council meeting is scheduled for Tuesday, September 6, 1994 at 5:00 p.m., to review the findings of the revenue verification and to discuss a final plans and specifications for the project with the architect. ACTION TO BE CONSIDERED ON THIS ITEM: To provide a brief summary of the special City Council workshop held September 6, and to consider authorization of plans and specifications with specific direction relative to a base bid and alternates and to provide an understanding that if the bids exceed the budget, the City Council will determine how the project will be financed at the time bids are received. This action should also include a declaration that the civic arena fundraising verification was completed at the direction of the City Council. gt9 Agenda Information Memo September 6, 1994 City Council Meeting US CERTIFICATION OF PROPOSED 1995 PROPERTY TAX LEVY PROPOSED 1995 BUDGET/TRUTH IN TAXATION HEARING DATES A. Certification of Proposed 1995 Property Tax Levy, Proposed 1995 Budget and Truth in Taxation Hearing Dates --A special workshop session was held on August 23, 1994, to review a pre ' 'nary budget, property tax levy and truth in taxation requirements. Enclosed on page a is a copy of the preliminary 1995 budget as reviewed at the special meeting. The propo ed 1995 property tax levy is $11,676,467. The levy will be appropriated to the general fund, major street fund, equipment revolving fund, debt service funds and to the reserve for abatements. The levy will be used for Truth in Taxation notices to be mailed by the County in November. Both the levy and proposed budget will continue to be reviewed prior to final adoption in December. The property tax levy can be decreased but it cannot be increased after this preliminary certification. The budget can be changed in any way as long as no total levy increase is made. The final action required is to set dates for the Truth in Taxation hearings which also will be noticed through the parcel specific notice process. The following dates are suggested: December 7, 1994 Regular City Council meeting to include initial Truth in Taxation hearing December 14, 1994 Special City Council meeting for the continuation of the Truth in Taxation hearing. Used as subsequent hearing date for Levy and budget adoption if continuation of the Truth in Taxation hearing is unnecessary. December 19, 1994 Special City Council meeting to adopt levy and budget if not completed on December 14, 1994. Canceled if action was taken on December 14, 1994. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the certification of the proposed 1995 Budget and the 1995 property tax levy and to set the Truth in Taxation hearing for December 7, the continuation hearing for December 14 and the subsequent hearing for December 19. Also, to change the date of the first regular meeting in December from Tuesday, December 6, to Wednesday, December 7. 95BUDD0' GENERAL GOVERNMENT 01 Mayor & Council 02 Administration 03 Data Processing 06 Finance/City Clerk 06 Legal 07 Community Development 10 Cabe TV PUBLIC SAFETY 11 Police 12 Fire PUBLIC WORKS 21 Public Works Engineering 22 Streets & Highways 24 Central Svices. Maint PARKS & RECREATION 31 Parks & Recreation 32 Forestry GENERAL GOVERNMENT BUILDING MAINTENANCE 33 Building Maintenance OTHER 41 Contingency GENERAL FUND COMPARATIVE SUMMARY OF E70'E NDITURES Actual Actual 1992 1993 $ 65,985 459,822 300,294 768,692 337,069 1,304,281 64,362 3.320,505 $ 83,630 483,498 331,828 745,753 355,284 1,330,475 66.872 3,397,340 3,924,380 4,458,207 664,470 814,080 4,588,850 5,272,287 729,616 774,101 736,030 880,468 329,043 372,001 1,794,689 2,026,570 1,551,215 1,669,707 102,028 124,341 1,653,243 1,794,048 0 0 0 0 Budget Dept Head City Admin 1994 Request (5%) Recommend $ 83,500 $ 87,700 $ 94,700 539,900 565,300 564,400 343,700 360,900 373,500 831,000 858,200 847,900 367.200 315,800 315,800 1,190,800 1,252,700 1,257,700 86.100 78.750 78.750 3 , 442 200 3, 519 350 3.532.750 4,812,000 5,051,400 5,024,500 812,900 656,900 850,950 5,624,900 5,908,300 5.875,450 803,700 843,700 843,450 927,300 968,500 966,800 388,300 407,700 402,200 2,119,300 2.219,900 2.212,450 1,847,900 1,964,200 1,954,200 180,900 163,600 181,100 2,028,800 2,147,800 2.135,300 O 219,200 287,550 287,550 O 219,200 267,550 287,550 O 67.200 159.800 199.200 O 57.200 159,800 199.200 Total General Fd Expenditures $ 11.357.267 $ 12,490.245 $ 13.501.600 $ 14.242.700 $ 14.242 700 % Increase '94 to '95 13.4% 4.5% 8.7% 2.0% -14.0% 5.6% -8.5% 2.6% 4.4% 4.7% 4.5% 4.9% 4.3% 3.6% 4.4% 5.8% 0.1% 5.2% 31.2% 31.2% 196.4% 196.4% 5.5% Agenda Information Memo September 6, 1994 City Council Meeting APPOINTMENT/DAKOTA COUNTY ECONOMIC DEVELOPMENT PARTNERSHIP BOARD B. Appointment, Dakota County Economic Development Partnership Board --The by-laws of the Dakota County Economic Development Partnership state that as a contributing member to the Partnership, the City of Eagan is entitled to appoint one person to represent the City on the permanent Board of Directors. The Partnership has written to request that the City of Eagan make this appointment by Sept 15, 1994. The appropriate person for the appointment would e a policy -level individual (elected or appointed official) of the City. Enclosed on page a copy of a letter from the Chair of the Partnership. ACTION TO BE CONSIDERED ON THIS ITEM: To make an appointment to represent the City of Eagan on the Board of Directors of the Dakota County Economic Development Partnership. 91 COUNTY Economic Development Partnership August 1, 1994 Mayor Thomas A. Egan City of Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor Egan: The Dakota County Economic Development Partnership (Partnership) is an organization whose purpose is to keep and attract and develop high quality businesses and jobs in Dakota County. Our membership consists of financial contributors including nine cities, the Dakota County Township Association, educational institutions, private sector utilities and businesses, Dakota County, the Dakota County Housing and Redevelopment Authority, and the Dakota County Private Industry Council, our parent organization. The Partnership's by-laws were ratified by the membership at our July 28 quarterly meeting. The by-laws state that as a contributing member, the City of Eagan is entitled to appoint one person to represent you on the Partnership's permanent Board of Directors. We are now implementing this selection procedure. I am writing to ask you to select a policy -level individual (elected or appointed officials or CEO) to represent your interests on our Board of Director's. We are confident that the individual you select will bring significant interest, insight, experience, and credibility to the Partnership's charge of realizing the vast potential of cooperative, countywide, multi -agency economic development goals, strategies, and programs. Board member's main responsibilities are to select officers and make significant contributions to the development of Partnership's annual plan of work, budget, organizational policies, and committee or task force missions and structures. This policy-making role is a one -or -two-year commitment which we expect to involve one four-hour orientation and business meeting and three two-hour quarterly meetings in addition to an annual membership meeting each year. The month-to-month affairs of the Partnership will be implemented by a seven- to nine -person Management Committee to be appointed by the Board. The Partnership Director will be responsible for the day-to- day activities of the organization. We are hoping to complete the nomination process by September 15, 1994. The new Board will be installed by the membership at our September 29 annual meeting tentatively scheduled for 3:30 p.m. to 4:30 p.m. Peter Gillette, Commissioner of the Minnesota Department of Trade and Economic Development has been invited to speak at the event. A Board orientation meeting has been tentatively scheduled for October 7. More information about this meeting will be provided to nominees later. Attached, for your convenience, is a nomination form to be filled out, signed by your nominee, and returned to Scott Beckman at the address below. On behalf of the Interim Board of Directors, I thank you for your active involvement on our first permanent Board of Directors. We look forward to exciting times ahead. Sincerely, C71, �� .a Rog r N ms, Ch it enc. cc: Thomas Hedges. City Administrator Achieving Community Po e--itial Throuzh Coop Scott Beckman Director Dakota Count-: E..mr,rnic Deveiovrnent Pa Agenda Information Memo September 6, 1994 City Council Meeting CONDITIONAL USE PERMIT/R.J. RYAN CONSTRUCTION C. Conditional Use Permit, R.J. Ryan Construction, to allow a truck and freight terminal in an I-1, Light Industrial district, located on Lots 9, 10 and 11, Block 2, Eagandale Center Industrial Park No. 2--R.J. Ryan Construction is requesting approval of a conditional use permit to allow a truck and freight terminal in a limited industrial district in Eagandale Center Industrial Park No. 2 on the west side of Lone Oak Circle, north of Lone Oak Road. The Advisory Planning Commission conducted a public hearing on this matter at its meeting of August 23, 1994. The taff report agd minutes of the planning commission meeting are enclosed on pages through /d0 The commission recommends approval of the conditional use permit subject to the ten conditions set forth in its minutes. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for R.J. Ryan Construction to allow a truck and freight terminal in a limited industrial district in Lots 9, 10, and 11, Block 2, Eagandale Center Industrial Park No. 2 located along the west side of Lone Oak Circle, north of Lone Oak Road in the SW quarter of section 2, subject to the ten conditions recommended by the Advisory Planning Commission. q3 PAGE 7/ADVISORY PLANNING COMMISSION MINUTES August 23, 1994 CONDITIONAL USE PERMIT R.J. RYAN CONSTRUCTION Voracek opened the next public hearing of the evening regarding a Conditional Use Permit to allow a truck and freight terminal in a 1-1 (Light Industrial) district located on Lots 9, 10 and 11, Eagandale Center Industrial Park No. 2 on the west side of Lone Oak Circle in the SW; of Section 2. 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 proposed use, the subject property's existing conditions, compatibility with the surrounding area, the proposed site improvements, and the storm drainage, water quality, utility and access/street issues. Ms. Tyree concluded that the proposed use, with minor modifications to the site, substantially meet the Conditional use Permit standards. The applicant was present for any questions from the Commission. Merkley stated that the proposed use meets all the Conditional Use Permit standards, the City Code requirements, and any other applicable requirements or regulations. Member Merkley moved, Wallace seconded, a motion to recommend approval of the Conditional Use Permit to allow a truck and freight terminal in a 1-1 (Light Industrial) district located on Lots 9, 10 and 11, Eagandale Center Industrial Park No. 2 on the west side of Lone Oak Circle in the SW; of Section 2, 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. A Lot Combination Agreement combining Lots 9, 10 & 11, Block 2 Eagandale Center Industrial Park No. 2 shall be recorded with Dakota County within 60 days of approval of this Conditional Use Permit, with documentation provided to the City. 3. Rooftop mechanical equipment shall not be visible from any right-of-way line. 4. The development will be required to submit a detailed grading, drainage and erosion control plan for City review and approval with the building permit submittal. PAGE 8/ADVISORY PLANNING COMMISSION MINUTES August 23, 1994 5. The development will be required to construct a storm sewer system that will collect the runoff from this site and convey the storm water to the existing storm sewer system on Lone Oak Circle. 6. The sanitary sewer service shall include a manhole at the right-of-way line of Lone Oak Circle. 7. The driveway connections to Lone Oak Circle shall be constructed with concrete aprons with a minimum width of 30'. 8. Normal maintenance of the bituminous parking lot shall be performed to keep the lot functioning to City standards. 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 located within the building. All approved in favor. qf PLANNING REPORT CITY OF EAGAN REPORT DATE: August 17, 1994 CASE: 11 -CU -12-7-94 APPLICANT: Bob Martin Trucking HEARING DATE: August 23, 1994 PROPERTY OWNER Northwestern Mutual PREPARED BY: Shannon Tyree Life Insurance Co. REQUEST: Conditional Use Permit LOCATION: Lots 9, 10, & 11, Block 2 Eagandale Center Industrial Park No. 2 COMPREHENSIVE PLAN: IND - Industrial ZONING: I-1 - Limited Industrial SUMMARY OF REQUEST Bob Martin Trucking has requested a Conditional Use Permit to allow a truck and freight terminal in a Limited Industrial district on Lots 9, 10 and 11, Block 2, Eagandale Center Industrial Park #2 located along the west side of Lone Oak Circle, north of Lone Oak Road in the SW 1/4 of Section 2. AUTHORITY FOR REVIEW REOUIRED 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. G (� Planning Report - C.U.P - Bob Martin Trucking August 23, 1994 Page 2 E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. BACKGROUND/HISTORY Bob Martin trucking has been located in Bloomington for the past 14 years. The owner, Bob Martin, has been leasing industrial space and is now in the position to build his own building and lease out space to other similar small trucking companies. EXISTING CONDITIONS The total area of the three lots is five acres and consists of a grassy field that is lightly wooded. COMPATIBILITY WITH SURROUNDING AREA The proposed site is located in an area where trucking is common and will be similar in use with many of the surrounding businesses. The area completely surrounding this site is zoned and guided industrial. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Shelard Warehouse and Trans X; zoned I-1; guided IND. South - vacant; zoned I-1, guided IND. East - Roadway Express and Fire Station #2; zoned I-1 and PF; guided IND. West - U. S. Post Office, Florstar Building; zoned I-1; guided IND. EVALUATION OF REQUEST It is the applicants desire to construct a one story, multi -tenant, office/warehouse building on Lots 9, 10 and 11, Block 2 of Eagandale Center Industrial Park No. 2. Bob Martin Trucking Company is proposing to lease office warehouse space to Eagle Air Freight, Phoenix Freight, C.H. Robinson, and Services by Air . On Site Improvements The applicant is proposing a single story 38,376 s.f office/warehouse building. The multi -tenant building is proposed to have 9,594 s.f. of office space located in the front portion of the building and 28,782 s.f. of warehouse space with 11 dock doors located at the rear side of the building. The building itself is an exposed aggregate pre -cast concrete building. All trash/recycling will be located within the building. 9r7 Planning Report - C.U.P. - Bob Martin Trucking August 23, 1994 Page 3 las The combined area of the three lots is 218,400 s.f. of 5.1 acres. Lots 9, 10, and 11, Block 2 will require a Lot Combination Agreement. This document will be prepared by the City and will be recorded at the County when the Conditional Use Permit is recorded. Setbacks The proposed building meets or exceeds all minimum setback requirements in a I-1 zoning district. Parking The site plan indicates 51 nine foot parking stalls. City Code requires 94 parking spaces. The applicant is requesting that they be allowed to provide a proof of parking area for 43 stalls. The site plan also shows 15 10' wide trailer parking stalls in the rear of the building. The site is 728' long and could accommodate the construction of additional parking areas. The developer has agreed to revise the site plan according to City requirements, indicating the proof of parking area and parking stall size. Grading/ Wetlands. The preliminary grading plan submitted with this application shows that the easterly 500' of the site will be disturbed by the grading required to prepare the site for the building and parking lot. The west 228' of the site will remain undisturbed. The maximum cut shown is 6' and the maximum fill is 3'. There are no wetlands on this site. Storm Drainage/Water Quality. The storm water runoff from this site will be conveyed to the existing storm sewer line on Lone Oak Circle which drains to Pond EP -1. The City is negotiating with the property owner of the vacant site south of this development for acquiring land for the future construction of Pond EP -9. When Pond EP -9 is built, then the runoff from the Bob Martin Trucking site would discharge into this pond. Utilities A 9" VCP sanitary sewer line is located in Lone Oak Circle and a 6" sewer service has been provided to the center of the site. The developer will be required to construct a manhole over the existing 6" sewer service at the connection to the existing stub. The manhole will serve as an inspection and monitoring manhole for the City. An 8" CIP watermain is located along the west right-of-way line of Lone Oak Circle. The preliminary utility plan shows that the developer intends to connect to the 8" line and extend a 6" watermain up to the proposed building. The existing hydrants on Lone Oak Circle will provide adequate fire protection to the proposed building. Access/Street Design. - The development is proposing two driveway connections to Lone Oak Circle. The driveway openings shall be a minimum of 30' wide and shall include a concrete apron at the connection to Lone Oak. Circle . 9 S Planning Report - C.U.P. - Bob Martin Trucking August 23, 1994 Page 4 The proposed parking lot layout includes a drive aisle along the north side of the building and a one acre parking lot located on the west side of the building. The proposed parking lot will be required to be constructed with concrete curb and gutter around the edges and surfaced with bituminous or concrete pavement in accordance with City Code requirements. Through the Conditional Use Permit the City will monitor the condition of the parking lot. Normal maintenance will need to be performed on the site to keep the bituminous surface functional. Seal coating of the parking lot should be performed every five to 10 years and a bituminous overlay should be added every 20 to 30 years. SUMMARY/CONCLUSION The proposed Conditional Use Permit with minor modifications to the site plan substantially meets the required standards as listed on pages 1 and 2 of this report. ACTIONS TO BE CONSIDERED A. To approve or deny the requested Conditional Use Permit for Bob Martin Trucking located on Lots 9, 10, & 11, Block 2, Eagandale Center Industrial Park No. 2. subject to the following conditions: 1. This Conditional Use Permit shall be recorded with Dakota County within 60 days of its approval, with documentation provided to the City. 2. A Lot Combination Agreement combining Lots 9, 10, & 11, Block 2 Eagandale Center Industrial Park No. 2 shall be recorded with Dakota County within 60 days of approval of this Conditional Use Permit, with documentation provided to the City. 3. Rooftop mechanical equipment shall not be visible from any right-of-way line. 4. The development will be required to submit a detailed grading, drainage and erosion control plan for City review and approval with the building permit submittal. S. The development will be required to construct a storm sewer system that will collect the runoff from this site and convey the storm water to the existing storm sewer system on Lone Oak Circle. 6. The sanitary sewer service shall include a manhole at the right-of-way line of Lone Oak Circle. 7. The driveway connections to Lone Oak Circle shall be constructed with concrete aprons with a minimum width of 30'. �1 Planning Report - C.U.P. - Bob Martin Trucking August 23, 1994 Page 5 8. Normal maintenance of the bituminous parking lot shall be performed to keep the lot functioning to City standards. 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 located within the building. (oo FINANCIAL OBLIGATION - Lots 9, 10, 11 Eagandale Ctr Industrial Park #2 2 -CU -12-7-94 There are pay-off balances of special assessments totaling $0 on the parcels proposed which the conditional use permit is requesting. 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 Use Rate Quantity Amount None 1 o! a BOB MARTIN TRUCKING Pt NNE IN H/(./r1'/1 N PArk nx.7 L xn *Jr IP 'Wei M Mrt/44 OAR 1 PD Ra LrrrD 1 Pr E rA#6 OVANRI. 5 rerK I - tlwkrV: r1 2- mnrN rt f. . 5 WA -1,M PI r - IORESI RIrII. ,;.1% 5 • IRDHWOO4` t.0 6- PEO*C<D rt r crn�rr rt 1112 Y4,Y "K lr P kvr LOCATION (o2 - .11.1.1011111111".1. 14 ; ., . 1!51111111k $1,4msl‘A r Ali drew:num, v— _I Li- g II Ca mi -67. ...‘,...14, 1.16 • Y wip, I .E.6, Ile.71111 MIS mama R -1 •1" BOB MARTIN TRUCKING a EAG•011 1110A0 1 II AUD OR SA 111 riz • A U$ POI TAL SERVICE LI 1 LLJ ;HUHU 1 NB 8 f. RD LI '1114110 R OM PAFIK PK IMP 1 ZONING GUIDE PLAN • . • 0 .41 ..,t " •z_ • Me KEE • 1 S T REE T . KEEFE ;STREET .1 to, c • ot.. 04 C *8s m z 0. z > rn —J . ;; •-; WHIM • ••• • . — gas — - "00- 010-26 LONE OAK ROAD of1••••••• BOB MARTIN TRUCKING o. *SO - 0 0 I la •••• 0, •••••C a ; io CITy ler EAGAN ••1••o FIRE STAT/ON NO 2 2 0,100.1, 0•11/1•00, AREA MAP ..... .. , „4 i w • . • .... .... ili ,4 'I VI" '''.. • . • . KEEFE ;STREET .1 to, c • ot.. 04 C *8s m z 0. z > rn —J . ;; •-; WHIM • ••• • . — gas — - "00- 010-26 LONE OAK ROAD of1••••••• BOB MARTIN TRUCKING o. *SO - 0 0 I la •••• 0, •••••C a ; io CITy ler EAGAN ••1••o FIRE STAT/ON NO 2 2 0,100.1, 0•11/1•00, AREA MAP CIIITECTURAL m. -w Ixul E D W ger ..Ice Yt�laKII, R.Yi N MOl:�7Li..ti 1.031!0 SITE/RUILDINC DATA E'}OSanuTpi 'IIE2E3 "duT)J3nhI uq.z'J (log I pp I E is t ? i e f�j rri ! thiiilii � t :11 ill+!i ! 1 1!'i_, , 1tQ i1 ! !. ,r,t i i ! !:1r;tr:$ t jg-1li i1 ! 11iui �' j;h1fli1i!' IriI1!1i '�t�i lIli' thilt'i !;! .! 1. -—---------310x10 71v0 3N01 --------- r Cl { flat aft R b� Make h•_s L ,.r IF CO ze • J m.+1 is u) weft.' c ccs I VOu'rxium J Ne f • ti E;osuutpt 'Tm2B3 fu1YIonJJ, ugrew clog Qlb We e sf 1 I R1r— R g, loge, 0 o arZ �r. • Ie .I • rr i a ziosanIIiy( 'tiptu3 fuppn.J utTJuj4 qog J. J .• 0 - . i'. 'Jlrli ��, e==t w'_ aw JSa;, C � l.K Gf 111 t' t t; • t! t FIGURE No. 17 STORM SEWER LAYOUT MAP CITY OF EAGAN PONDINO AREAS LEGEND snow smote (pelmets) STORM SEWERS (Peoteem �-- svelte VT STATION (selmets) WORN LR STATION Daseeem 0 STOMA FORCE NAM ♦ • ♦ .� .� MAJOR OM11/011 POND NOMINAL WATER LEVEL . . . . . . . 100.0 POND MON WATER LEVEL POO.O OVERLAND DRAINAGE ROM Agenda Information Memo September 6, 1994 City Council Meeting _PLANNED DEVELOPMENT AMENDMENT/WEST PUBLISHING COMPANY D. Planned Development Amendment, 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 Section 13 --West Publishing Company has requested approval of an amendment to its preliminary development plan for Phase II to allow a 150,000 square foot office space in lieu of the previously approved undeveloped 740,000 square feet manufacturing and warehouse building. West Publishing is also asking for final development approval for Part A of Phase II which consist of a 318,000 square foot expansion to the existing six story building. Enclosed on pages l ..Othrough 6).7 is a copy of the staff report on this item. The Advisory Planning Commission conducted a public hearing on this matter at its meeting of January 23, 1994. The planning commission recommended approval of both the amended Phase II preliminary development plan and the final development plan of Part A of Phase II subject to the conditions set forth in its minutes. The Council should be aware that the pollution control agency has approved the design changes to the indirect source permit for West Publishing. ACTION TO BE CONSIDERED ON THIS ITEM: 1) To approve or deny an amendment to the preliminary planned development Phase II for West Publishing to allow 450,000 square feet of office space in lieu of the approved but undeveloped 740,000 square foot manufacturing and warehouse building, in the northeastern portion of the West Publishing campus north of Wescott Road, south of Yankee Doodle Road and west of State Highway 149 in section 13, and 2) to approve or deny 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 the three conditions recommended by the Advisory Planning Commission. PAGE 9/ADVISORY PLANNING COMMISSION MINUTES August 23, 1994 PLANNED DEVELOPMENT AMENDMENT/FINAL DEVELOPMENT PLAN APPROVAL WEST PUBLISHING COMPANY Voracek opened the next public hearing of the evening regarding a Planned Development Amendment which will revise the Preliminary Development Plan for Phase II to allow 450,000 square feet of office space in lieu of the previously approved, but undeveloped, 740,000 square feet manufacturing and warehouse building in the northeastern portion of the West Publishing Campus located north of Wescott Road, south of Yankee Doodle Road, and west of State Highway 149 in Section 13. Of this 450,000 square feet of office space, 318,000 square feet (274,000 square feet net office) is scheduled for construction this year as an expansion onto the existing six story office building. This expansion is Part A of the revised Phase II, for which Final Development Plan approval is also requested. Project Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staff's amended planning report dated August 23, 1994, noting the background and history of the West Publishing Planned Development, the subject property's existing conditions, the proposed revision to the preliminary development plan, and the compatibility of the proposed use with the surrounding area. Mr. Ridley explained that the applicant is requesting approval for an amendment to the West Publishing Planned Development Preliminary Development Plan of Phase II to allow a 450,000 square feet of office space in lieu of a previously approved, but undeveloped, 740,000 square foot manufacturing warehouse building. The proposed amended development would be in two parts of which Part A consists of the construction of a 313,000 square feet of space in a six story wing to the east off the southern portion of the existing building which is scheduled for construction this year. Planner Ridley further explained that the request for final development plan approval is with respect to the Part A of the revised Phase II expansion. Steve Bryant, a representative of West Publishing, stated to the Commission that due to the substantial changes in the industry's technology, West Publishing's need for manufacturing and warehouse space four years ago does not exist today. Mr. Bryant stated that the applicant has no objections to the staff report. He further stated to the Commission that the applicant had a neighborhood meeting on July 14, 1994, and there was no objection to the requested amendment from those present at the meeting. PAGE 10/ADVISORY PLANNING COMMISSION MINUTES August 23, 1994 In response to Chairman Voracek's inquiry, Community Development Director Reichert and City Attorney Dougherty clarified the action needed to be taken by the Commission on this item. Member Segal moved, Miller seconded, a motion to recommend approval of the Planned Development Amendment which will revise the Preliminary Development Plan for Phase II to allow 450,000 square feet of office space in lieu of the previously approved, but undeveloped, 740,000 square feet manufacturing and warehouse building in the northeastern portion of the West Publishing Campus located north of Wescott Road, south of Yankee Doodle Road, and west of State Highway 149 in Section 13, subject to the following condition: 1. Documentation is provided to the City confirming MPCA's consent to allow West Publishing to implement this design change to ISP 90-17. All approved in favor. Segal moved. Merkely seconded a motion to recommend approval of a Final Development Plan for Part A, consisting of a 318,000 square feet expansion to the existing six story building, of the amended preliminary development plan for Phase II, subject to the following conditions: 1. Execution of an amended Planned Development Agreement document. 2. Acknowledgement from the MPCA allowing West Publishing to implement the revised Preliminary Development Plan as a minor design change to ISP 90-17. 3. Final Development Plan approval of Part B of the revised Phase II. All approved in favor. city of eagan MEMO MEMO TO: Ron Voracek, Chair Members of the Advisory Planning Commission FROM: Peggy Reichert, Community Development Director DATE: August 23, 1994 SUBJECT: West Publishing PD Amendment Attached for your review and use is a revised Staff Report for the West Publishing PD Amendment. Deletions from the original report are struck -through and additions are underlined. This revised report is simply to clarify that West Publishing Company intends to maintain its development rights relative to traffic generation and air quality obtained under its Indirect Source Permit (ISP). The revised Preliminary Development Plan request essentially substitutes the manufacturing/warehouse space previously approved for Phase Il of the PD with an equivalent (relative to traffic) amount of office space. In addition to considering the revised Preliminary Development Plan, West is requesting Final Development Plan approval for Part A (i.e., first phase) of the revised Phase II. Part A includes the 318,000 square feet of space discussed in both the original and revised reports. will be available to provide any additional information on this issue. Director of Community Development PLANNING REPORT CITY OF EAGAN REPORT DATE: August 15/2/, 1994 CASE #: 13-RZ-17-7-94 APPLICANT: West Publishing Company HEARING DATE: August 23, 1994 PROPERTY OWNER Same PREPARED BY: Mike Ridley REQUEST: Planned Development Amendment - Revised Preliminary Development Plan and Final Development Plan LOCATION: Section 13 COMPREHENSIVE PLAN: Industrial (IND) ZONING: Planned Development (PD) SUMMARY OF REQUEST West Publishing Company is requesting a Planned Development Amendment which will revise the Preliminary Development Plan for Phase II to allow , 450.000 square feet of office space in lieu of the previously approved, but undeveloped, 740,000 s.f. manufacturing and warehouse building in the northeastern portion of the West Publishing campus located north of Wescott Road, south of Yankee Doodle Road, and west of Highway 149, in Section 13. Of this 450.000 Square feet of office space. 318.000 square feet (274.000 square feet net office) is scheduled for construction this year as an expansion onto the existing six story office building. This expansion is Part A of the revised Phase II. for which Final Development Plan approval is also requested. $ACKGROUND%HISTORY The West Publishing Planned Development was created in 1990 for an unspecified term although total site development was expected to occur over an approximate twenty year period. The Planned Development (PD) Agreement incorporates 208 acres and provides for a mix of office, warehouse, and manufacturing uses. In addition, West Publishing Company also received Indirect Source Permit (ISP) 90-17 from the Minnesota Pollution Control Agency (MPCA) in 1990 that listed the total project size of 3,902,000 s.f. (2,460,000 s.f. new development) including 5,050 parking spaces. The applicant hosted a neighborhood meeting on July 14, 1994. Over 100 neighboring properties were sent invitations and approximately 25 people attended. West Publishing officials made a brief presentation regarding the proposal and answered questions afterward. There were no objections voiced by those in attendance. 1 13 Planning Report - West Publishing August 15aa, 1994 Page 2 EXISTING CONDITIONS West Publishing Company is experiencing substantial growth in X11 Aspects of their business, ovcr thc past fcw ycars; thcrcforc, thc compar �e At the same time. changes_ n technology have currently reduced West Publishing's need to expand its manufacturing and warehouse space. Therefore. West Publishing's current, expansion calls for the construction of Additional office space instead of manufacturing and warehouse space as originally anticipated. Much of the 200+ acre site is undeveloped. Existing site development includes a mixture of office, manufacturing/warehouse, and computer center space, specifically: 185,000 s.f. - computer center 898,000 s.f. - office 1,227,000 s.f. - manufacturing/warehouse To date, site development has generally occurred on the eastern portion of the property from south to north. The most recent developrnent was the 796,000 s.f. six story corporate headquarter office building. Access to the site is provided at four points, two each off of Wescott Road and Highway 149. The main access to the office building is via the controlled intersection of Highway 149 and Opperman Drive. Transit service is currently provided directly to the site by Minnesota Valley Transit Authority (MVTA) Route 72W. West Publishing Company is responsible for contacting MVTA regarding any transit issues or additional transit needs. ,SURROUNDING USES The following uses, zoning and comprehensive plan designations surround the subject property: North - Gopher Smelting; zoned PD(LI); designated IND, Industrial South - Hills of Stonebridge; zoned PD(R-1); designated D -H Mixed Residential (0-6 u/ac) East - UPS, assorted industrial; zoned PD(LI); designated IND, Industrial . West - Windtree, Great Oaks, Woodlands North; zoned R -1/R-2; designated D-I/D-II iii Planning Report - West Publishing August 15I, 1994 Page 3 YVALUATION OF REQUEST A. Planned Development Amendment - Revised Preliminary Development Plan and Final Development Plan The proposed amendment revises the Preliminary Development Plan for Phase II of the PD ALd1 substitute a 318,000 s.f. office expansion 450.000 square feet of office space for a 740,000 s.f. manufacturing/warehouse expansion. Relative to traffic. this 450.000 square feet of office space will generate an amount of p.m. peak hour trips essentially equivalent to trips generated by the original uses. By comparison, the parking needs of an office use are greater than a manufacturing/warehouse use; however, the effect of this land use exchange will be a less intense acreage development. Part A of this revised Phase II includes construction of 318.000 square feet of space in a six story wing to the east off the southern portion of the existing building. and is scheduled for construction this year. Of the 318,000 square feet in Part A. 274.000 square feet is net office space. The building expansion will occupy space currently utilized as approximately 200 parking spaces as well as generate the need for parking to accommodate future occupants; therefore, the applicant is proposing a 618 stall parking area (Lot J) development north of Wescott Road, just west of the existing 1,010,000 s.f. manufacturing/warehouse building completed in 1984. The City's consultant (Strgar-Roscoe-Fausch) has reviewed the proposed Planned Development Amendment as it relates to conditions of the site's ISP and have determined that the proposed substitution of uses will not have a negative impact on air quality as the trips generated by this revised Phase II are essentially equivalent to those of the original Phase II uses. The following evaluation of setbacks. parking, landscaping, grading, and utilities and compatibility with surrounding uses pertains to Part A_ of the revised Phase II. Evaluation of these issues for a future Part B of the revised Pha e H (the remaining square footage allowed in revised Phase II after Part A) will be done when the required Final Development Plan approval for this Part B is requested by the applicant, Setbacks & Parking - Part A West Publishing is proposing a 35.5' building setback from the 100' wide Chicago, Milwaukee, St. Paul & Pacific Rail Road right-of-way (ROW). This ROW separates the West property from the Highway 149 ROW. City Code requires a 50' building setback from State Highway ROW however, because the highway ROW is not adjacent to West's property Planning Report - West Publishing August 15./23, 1994 Page 4 the 353' setback should be acceptable. Off-street parking standards for office uses are calculated at a ratio of one space for each 150 s.f. of net leasable area. The applicant is proposing to build a 618 stall parking area to accommodate the parking lost in the building expansion area and the added parking needs of the new office space. The City Code parking requirement based on the net leasable office area is 1,461 spaces. Although the 618 parking stall lot proposed is less than half of the Code requirement, the West Publishing campus development currently provides a total of 3,420 parking stalls in eight different parking lots. West Publishing operates multiple work shifts that should result in an ample amount of parking being available to employees at any one time. Landscaping - Part A The Landscape Plan submitted is acceptable. The existing landscape theme will be extended around the new development. Grading - Part A The area where the new 6 -story addition will be located will require a minimal amount of grading to prepare the site for the proposed building expansion. The maximum cut would be 9 feet where the underground garage would be located. The drainage from this area will be conveyed by an existing storm sewer system to the south to Pond GP -4. The area of the 618 stall parking lot expansion is currently being graded. The developer intends to complete the construction of the new parking lot before construction of the 6 - story building addition begins. Utilities - Part A The construction of the 6 -story addition will require the removal of a 10" watermain that exists where the building is shown to be built. The developer intends to replace the 10" watermain with a new line that will wrap around the building. The water main system serving West Publishing is privately maintained by the developer and the City does not have any easements over the water mains. COMPATIBILITY WITH SURROUNDING AREA - Part A The proposed six story office expansion is compatible to the site specifically and the surrounding area in general. The office addition will be identical in appearance and function to the existing brick building. Planning Report - West Publishing August 15/23, 1994 Page 5 The building expansion is located on the south and east side of the property away from the surrounding residential uses. The parking lot expansion is located on the southwestern portion of the site and constructed at a grade so as not to be visible from the west. The additional employee traffic associated with the office expansion will primarily effect the state highway system and not City streets and county roads. SUMMARY/CONCLUSION The... .. .. - -- ileyelepfaeftt revised Phase II development of 450.000 square feet of office space is essentially equivalent to the original Phase II manufacturing/warehouse development relative to traffic generation and to requires a less intense acreage development but a more labor intense finished product. The City's consultant has determined that the expensien revised Phase II will not have negative have -fewer air quality and noise impacts as compared • . • - the trips generated by this revised Phase II are essentially equivalent to those of the original Phase 11. Adequate access and City services are available to serve the site and on site parking should be sufficient for Part A of the revised Phase II, which includes 318.000 square feet of space (274.000 square feet net office space). ACTION TO BE CONSIDERED To approve/deny an Amendment to the West Publishing Planned Development which: Grants Revised Preliminary Development Plan approval of Phase II which replaces 740.000 square feet of manufacturing/warehouse space with 450.000 square feet of office space: and 2. Grants Final Development Plan approval to Part A of the revised Phase II which includes 318.000 square feet of space (274.000 square feet net office) If approved, the Amendment to the Preliminary Development Plan shall be subject to the following: L Execution of an amended Planned Development Agreement document. 1. Acknowledgement from the MPCA allowing West Publishing to implement the Planning Report.- West Publishing August 15= 1994 Page 6 revised Preliminary Development Plan as a minor design change to ISP 90 -IL Final Development Plan approval of Part B of the revised Phase H. 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OPEN •IM .:MN MB, Wei 3e1Y0904Y1 1111'NY Y3 1100/ �i �, •• Agenda Information Memo September 6, 1994 City Council Meeting CONDITIONAL USE PERMIT/NATIONAL PROPANE COMPANY E. Conditional Use Permit, National Propane Company, to allow outdoor storage of a propane dispenser on Lot 1, Block 1, Superamerica Addition --The National Propane Company has requested a conditional use permit to allow the outdoor storage of a 1,000 gallon propane dispenser at Lot 1, Block 1, Superamerica Addition located at the southwest corner of the intersection of Pilot Knob and Yankee Doodle Roads. The Advisory Planning Commission conducted a public hearing on this item at its meeting f August 23, 1994. The staff report and the minutes of this item are enclosed on pages ( through The Advisory Planning Commission did not view this proposal favorably and, therefore, recommend denial of the request on the grounds that it does not meet all of the conditions of outdoor storage and item C of the general conditional use permit standards. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the conditional use permit for National Propane Company to allow outdoor storage of a propane dispenser on Lot 1, Block 1, Superamerica Addition. (7) 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 storage standard 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. 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. 13� 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 material suitable to the building and the items to be stored. D. The enclosure shall not encroach into any established front building setback area or other required setbacks. E. The enclosure shall not interfere with any pedestrian or vehicular movement. F. The items to be stored shall not exceed the height of the enclosure. G. The 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 parldng" 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. 8. The cedar fence shall not be painted a color other than an earth tone neutral color. 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 This financial obligation is presented for informational purposes and is not a condition of the issuance of the permit. SA. - CUP FOR NATIONAL PROPANE S 7,7 RD UZ ] r r��_ LONE 06R RD ,•-- OUARRT S' PAR Pr 1 - 7WAR6C ! - MRC. PT S - pr/4T PT 6 -IDR CST RIDS( 6 - /rDMw•OOD LM 6- REDr.000 PT r - SPRUCE PT YANK. DOODLE rcd tYATER�� TREATM( w7 tAC/L /T1 NWr MAIN rAckfTr CARR/ACE NW MILLS COL r COURSE 11.1m. •nk J ,e, r 1 W OODL AR cT 6 \CT \.CICISW.11. ▪ l I ** C I WECN56oRC L. IN7trrrw-n C7 EAGAN UVMIC/RAL CENTER a. Oat. 415.16 U. M. 14 o* I. SO) tor rtE. 16115 L. 13� SA. - CUP FOR NATIONAL PROPANE GUIDE PLAN //'•2 . So'o _ 1 1 2.-...._ ,..,f___,/.3,.,,.;, _2.7s.:.;12 I.Ij • V1 M q n F1 CO t5z •':J JJ' -. , . �� I 5 err r.^uiCC 7);!-: • SA. - CUP FOR NATIONAL PROPANE r \S 0\ O0\ 1 o A P y. r� N89.50'56 W I ) c1 + ...�. Nil 5 • SC O L1,-1 T r,1 flu ;• :�...... -- foua %*C( '00041' •Y u. 1'• '11 0'k r. . /• .•.., +O• ' (452 4lc rn • f1, 4ti AREA MAP IQI MINUTES OF;A:SP£CtA `t11tEttiN: iOF THE EAAN CITY COUNCIL:.:: Eagan, Minnesota Au ust.2 ,;1 4 A Special City Council meeting was held on Tuesday, August 23, 1994 at 5:00 p.m. in the lunchroom of the Eagan Municipal Center. Those in attendance were Mayor Egan and City Councilmembers Awada, Hunter, Masin and Wachter. Also present were Director of Public Works Tom Colbert, Park and Recreation Director Ken Vraa, Finance Director Gene VanOverbeke, Assistant Finance Director Tom Pepper, Police Chief Pat Geagan, Community Development D?OOttIt Peggy'.: -:R i rt> Assistant to the Administrator Jon Hohenstein, and City Administrator Tom WEST PUBLISHING/FOOTINGS:AND FOUNDATION PERMIT Administrator Hedges noted that theta.:vw.�s::a:request::ti :t#dd an item to the agenda, that being the footings and foundation permit for West Put lisliiiig: Corrie ybevelopment Director Reichert noted that If the Council authorizes issuance of this permit, It won't be issued until the Pollution Control Agency approves the changes in their indirect source permit. Hunter moved, Wachter seconded a motion to approve the footings and foundation permit for West Publishing, contingent upon approval of changes to their indirect source permit by the MPCA. Aye: 5 Nay: 0 DRAFT 1995 GE. lE'RAk;:FUND OPERATING BUDGET Administrator Hedges gave an overview of the pi'ophsezi budget, which provides for an increase of $609,100 or 4.5% over last year's budget, excluding an allocatior?:i'or a contingency. He noted that due to an increase in the net tax capacity, and a decrease.. n:the:f st f disparities contribution, there will be no anticipated tax capacity rate increase. The.,budgi?t:proves for two police officers and 3 1/2 other new personnel, a 16.2% increase in capital outlay;: iidsa.reorganization of the Government Buildings budget, to be supervised from Parks and Recreation'. He added that the contingency account is proposed to be increased to $199,200 to offer more flexibility. He reviewed the revenue estimates and expense appropriations, and the time table for the Truth in Taxation hearings. The Council then reviewed each..,department..budget. Regarding the Administration budget, Councilmember Hunter questioned whether:;ttie:::City s.:giKttirig: their money's worth out of the MLC membership. Regarding the Communitybevelopriient:badpet;'•the number of inspectors needed was discussed. Regarding the Cable TV budget, Councilmeihbers i -h r ter and Awada questioned whether a full- time person is needed in that position, and would lika to know::what the position entails. Regarding the Police budget, the animal control position:was reviewed. Councilmember Awada questioned why some of the capital outlay items were transferred from the Police Facility budget. She stated that all capital items should be a part of the construction budget. She further stated that the FF&E budget had to be cut for the new building, and adding capital isn't cutting the budget, it is just transferring It to another budget. Police Chief Geagan noted that some of these costs were due to the change in plans from a one story to a two story building. The City Administra1 was directed to review this matter and provide a report to the City Council. Councilmembers Hunter and Awadi # ]estx t)e t:$`tittle f the cost estimates for various equipment. Police Chief Geagan noted that some of these items aren't critical to their operation, but will help their operations. He feels they will cost Tess to purchase now, and inAirneet their needs for quite some time. He doesn't feel there will be many requests In the next couple of.ye3rs if this is approved. EAGAN SPECIAL CITY COUNCIL MINUTES; AUGUST23:t9i PAGE 2 Discussion followed concerning the fish pf cellular phone.S; and whether they are all necessary, or whether two-way radios or other equipment cbiki'tje:.iug>ri:olice Chief Geagan noted that the cellular phones do help to control the media and provide fdr:otfi;reref-iciency. A review of their use was discussed. Regarding the Fire budget, Councilmember Hunter indicated he would like a report from the Fire Department about the pros and cons of a full-time fire chief. The City Administrator was directed to review alternatives. Regarding the Public Works Engineering budget; 'the i EiST effectiveness of eliminating the intem positions was discussed. Public Works Director Coftkirt stated:ifiat interns bring in revenues equal to or more than their salaries because they are paid $9 per:.k►our, and:. an be billed out at $20-$25 per hour. In addition, they can do projects that would otherwiseiti9ve, to be:ftine by consultants, who charge $40-$50 per hour. Hunter suggested the intern posiainS: •e ut 1 , pd decrease the contingency fund by that amount. Councilmember Awada questioned the antifreeze recycler, and suggested the city offer this service to gas stations as well. Public Works Director Colbert indicated he will check into that possibility. Regarding the Central Services :budget, Wachter questioned the $2,500 expenditure for air conditioning on the west side of the maii1te.*Otiiecility. Administrator Hedges noted that due to the remodeling of the Municipal Center, employees wilf:be i,fSin that facility next summer, which will require the need for air conditioning and as a result, the expenditure• shaolifd be reinstated. Regarding the Park and Recreation budget;:; #mictistrator Hedges noted that the Youth Service Coordinator is proposed to go from 3/4 tirrt0:*f.01.(: time: Parks and Recreation Director Vraa stated that the department has received a tremendors.:fesponse to this position, and the apartment managers in Wescott Commons have been very supportive of this position. The school district would like to see him work more in the schools, and have agreed to fund the difference between the position being 3/4 time and full-time. Vraa noted he would like to see him involved in other areas of the community as well. Regarding the Forestry budget, Awada:stai i:she:fee(s:additional dollars should be considered for containing oak wilt. Wachter concurred, arlittitattd_f{e:** :liFe:ei report on whether oak wilt has increased or decreased since the program started. He would also like to_.know what kind of trees are being planted In the parks. Parks and Recreation Director Vraa notedd they punt a variety of trees, rather than just one or two species. Fiscal disparities was discussed at some length„ as well -is how the tax capacity rate is developed. Awada stated she likes to see a large contingency account. Mayor Egan complimented Administrator Hedges on the job he did on the budget. He feels the format and narrative make it very easy to read and understand. Wachter concurred. The value of activity based costing was discussed, and iiciti ther this should be pursued in the future. Administrator Hedges noted that is their goal for the next coupf&'of years, and feels activity based costing can be used to get to program based but39.'rr : :: :::..:.:.:; .:.;.. The consensus of the Council was that they are comfoik?ble with the preliminary budget, with the exception of the questions raised at this meeting, and they feeE.l<faey will be ready for its presentation at the September 6 Council meeting. • PENDING UTIGATION/BIETER LAWSUIT Mayor Egan briefed the City Council on a question raised relative to the Bieter litigation. There was a brief discussion with appropriate directior3;:glywY).4hP:WA0.m.inistrator. The meeting adjourned at 9:00 p.m. Date City Clerk ........ .:•:•:•: :•:•:•:•: 3 MINUTES OF A SPECIAL MEETING OF THE EA AN CITY COUNC.II. iinnes•bl • :August 16, 1994 A Special City Council meeting was fteIFJ.on Tuesday, Au9u6Y 16, 1994 at 5:00 p.m. In the lunchroom of the Eagan Municipal Center. Those in attendanee.wereMayQr Egan and City Councilmembers Awada, Hunter, Masin and Wachter. Also present were:01ror::Ci1::Public Works Colbert, Park and Recreation Director Ken Vraa, Administrator Tom Hedges and iiiembers of the Civic Arena Fundraising Committee. Doug Franzen, a member of the Civic Arena Fundraising Committee, reviewed the committee's fundraising efforts, specifically the time frame and amount of effort the community provided In the last 15 months to meet the $600,000 commitment. He:also:introduced.seyecal members of the committee who were present, and thanked them for their involveriieht: Brad Schmidt, a member of the Civic Arena Flindraisingtommittee, reviewed the results of their fundraising campaign to date. He noted their total net:iaash contributions total $86,300. He reviewed who they have received contributions from, and reviewec#ihelr.'Dream Can Come True- raffle. He noted they have confirmed pledges of $302,750, and adifed:they canstait.:ioilecting these pledges as soon as this is approved. He reviewed who they have received pledges from. He explained other in-kind services, including donation of products of $23,056; donation of building materials of $22,800; and sweat equity projects valued at $40,320, for a total of $86,176. He noted they saved $34,000 by awarding the bid to Arena Consulting & Construction, inc., and have commitments for a reduction in construction and materials of $',5;000-$150,000, if the project is done by Mike Gresser and Opus Corporation. This brings the total raised:t b tween $609,226 and $684,226, depending upon the savings realized during construction. He noted they i re stili siwaitin.g on a lot of donations they haven't heard back from. Councilmember Hunter questioned whethi .sorrie:of:these items are subject to competitive bidding and referred to the City Attorney's memo reiative:to this issue. He particularly questioned the in-kind services, construction and materials, and the:rediiction in design services. Brad Schmidt noted that Arena Consulting & Construction was awarded the bid, and this savings is already realized. Hunter questioned whether the $34,000 savings can really be considered money raised. Just because one subcontract was under budget doesn't mean another one won't go over. Administrator Hedges noted that in *1:services:can:.be:.excluded from competitive bidding if the amount is under $25,000. He noted that Mt Giiesset: tiiided:f a::rhange in the law that would allow him to build the arena through donations; however he has.not been.able to find such a law as it pertains to public buildings. Councilmember Masin asked what they are lookffig for from:non-profd organizations. Brad Schmidt indicated that for organizations that have a 501(3) (c) exemption: tiey can buy equipment tax-free. The savings could amount to $16,000-$18,000. John Freeman added that because it hasn't been clarified whether that can actually be done, It was not included in these figures. Councilmember Hunter stressed that the city needs to audit the cash and pledges to make sure they are accurate and solid. If any of the pledges are risky, that needs:to be quantified and that amount needs to be covered. Brad Schmidt indicated he would be willing to git:Over the figures with city staff. Councilmember Awada questioned the gffi rs:by reISset:OW Opus Corporation to build the arena at a substantial savings. She would like more details. Brad Schmidt indicated they looked at the costs involved with building the arena, and have committed to building: ;for $75,000 Tess than what they would have bid it at. Hunter asked whether they have been told that thl needs to go out for competitive bids. EAGAN SPECIAL CITY COUNCIL MINUTES; AUGUST 16, 1994 PAGE 2 ............................. .............................. ............................. Administrator Hedges indicated he told therri#te 'Bought the projeCtould have to be bid; however, he feels the same thing can be accomplished using competitive (bids. If they are willing to build it at such a reduced cost, chances are they would be the low bidder:. He noted that.b130 Gresser and Opus have indicated they would like to review the plans to see if they:can..further reduCB:ttie costs. Wachter stated he feels both companies would do a good job; however, hefeals:thi&s:mix #ie done with competitive bids. Awada and Hunter concurred. Members of the committee indicated they need the city to acknowledge that the committee met their goal, and indicated they are worried about inflation driving the costs up. They stressed that this project needs to move forward. Considerable discussion followed concerning how soon the project could be bid, when would be the best time to bid the Prt jest; wi f ::whiathe(winter construction would add to the construction costs. Upon committee merribers.•exple5s'rng a tined to bid this as soon as possible, a suggestion was made to bid the project in the Fall for -Spring cortstruction. It was the consensus of the Council that the funclraising cbMinitment by the Civic Arena Fundraising Committee be ratified, subject to the audit and:o:frsk:asSessmenton the pledges. The presentation by the architects was delayed until after the regular:Go[incil meet iii :due to time constraints. HOLZ FARM City Attorney Sheldon indicated that if the City is interested in acquiring the Holz farm, it would be necessary to provide access to Outlot B. Because of this requirement, he feels if the City wants to acquire this farm, they should also acquire Outiot B 3 n :Lbt:.10., He estimated the cost to be between $120-180,000. Both Outlot B and Lot 10 are owned by Bob •Middi#ernist;:wtio also has a right of first refusal on the Holz farm. Councilmember Wachter asked how the Parks,.: Recreation and Natural Resources Committee feels about this acquisition. Parks and Recreation DireGtrar:Viaa {toted that the board is worried about losing any open space right now. They feel it is expen rve iLit important. Councilmember Awada stated she feels the cost is too high, and it is the wrong location for this type of park property. Mayor Egan concurred, stating he feels there is more suitable land elsewhere. Wachter stated he thinks the City should acquire all three lots, or none at all. Hunter also feels the cost is too high. Discussion followed concerning whether the O'Neil farrn should be pursued. Mayor Egan asked whether the Park$;:•Recreation' ::Natural Resources Committee feels this is a priority. Parks and Recreation Director Vraa indicated it:is:importanf;: but it is not top priority. He suggested that they could submit a purchase agreement to both iiili;idlemist::arld the Holz', both contingent upon the sale of the other. After more discussion, the consensus was to not pursue.this location at this time. The meeting recessed at 6:38 p.m. ************** The meeting reconvened at 10:00 p.m. Paul Dahlberg, of Arena Consulting & Conti iekiii,lifc.•reviewed the site plan, noting they wanted to set the building as low as possible. There were better soil conditions than they expected. He reviewed four possible locations ft r:t :.W.adin.9. l;:arxi the advantages and disadvantages of each location. He discussed the amenities av8114le::and.te: osts associated with these amenities. He noted that $100,000, would basically provide for the 'pool; .with five feet of concrete around it, a filtration system, and a chain Zink fence. Parks and Recreation Director Vraa indicated there is room on the site to expand the facility to include a second sheet of Ice, a gym, or a Awimtrit?g.p.Oot .44:.the location of the wading pool will affect that. He did express a concern about the iCe:: 0:. cr :$ 3iilsin1n : pool sharing the same facilities. He is concerned about safety when there are people with 6ktes sharif; the same area with barefoot people. Parks and Recreation Director Vraa indicate¢:hey will.mgve ahead with the design development package and will bring it back for a formal c iipn::0H:i$eptemb r:6th in order to proceed to formal plans and specifications. They will come up with Sortie ods#ons pr:thce;Wding pool to see what the Council wants •Included in the project. Members of the committee again expressed a concern about the time frame. They stressed that they need Council approval so they can start collecting pledges. Mayor Egan noted he feels that approval has already been given, contingent upon the audit. Councilmember Awada stressed s1fie:tdoesci.'twant the budget to exceed $1.9 million. She suggested creating a committee to review the options .ind:::tay:within, that budget amount. Wachter and Egan volunteered to be on the committee, along with.the arctiftect,,.the Parks and Recreation Director, and two members of the Civic Arena Fundraising Committee. Concern was again expressed by c oi.iiihttee;ii'iembers about the time needed to prepare bids and specifications. Pat Dill stated he is concer OCttfiat if there is a problem down the road, that the Council can come back and say the committee didn't meet their goal by the deadline. Hunter indicated that the Council could extend the deadline; however he feels that the Council's ratification tonight is acknowledgement that the money has been raised and the commitment fulfilled. Mayor Egan stated he would like io•.eee. thp:.plans,.anO specifications done as quickly as possible, but he also wants a quality product. Councilmember Hunter noted that in June, tf:ie f ouncil:agieed that if the pool goes over $100,000, either it would be removed from the project, or the Qity:would Win more money to construct it. He feels the basic design is acceptable, and favors site #2, rich is t(ie:site off the northeast comer of the civic arena. Awada and Egan concurred. Councilmember Masin expressed a concem about putting the wading pool where a swimming pool could be put in the future. Mayor Egan noted that if the wading pool is put farther away from the civic arena, the cost will go over budget. Awada noted she feels the best location for the pool is downtown. The consensus of the Council was to put the wading pool at site The meeting adjoumed at 11:00 p : 3 MINUTES OF A RE.440. li:M ti :OF:T?iE EAGAN;;CTY COUNCIL Eagan; Minnesota AugL0:16, 1994 A regular meeting of the Eagan City Council W l ' . ri: tkesday, August 16, 1994 at the Eagan Municipal Center. Present were Mayor Egan and Count` r ei i$efs Wachter, Awada, Masin, and Hunter. Also present were City Administrator Tom Hedges, City Planner Jim Sturm, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. Administrator Hedges requested that the special hu009 permitted on the Administrative Agenda be moved to the consent agenda. There being no objectitiachter:i oved, Awada seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 • • MINUTES OF AUGUST ::1894:13. R:;MEETING Hunter requested an additional sentence be added on page 3 to read, "Awada noted that this will save $50 for each affected property owner." He also requested that on page 8, the language 'which was not heard at the time the plat was approved" be added. Public Works Director Colbert noted that on page 7, where it says "west property line", it should read "east property line". Hunter moved, Wachter seconded a motion to approve the minutes as amended. 4e:::..5..Nay: 0 MINUTES OF AUGUST 2, t994:SPECIA1. MEETING There being no corrections or additions, Awad rnoved,•Ntlfitsr:seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 DEPARTMENT I EAD BUSINESS Mayor Egan noted there was a request by the Fire Department to consider some capital Improvements to Fire Station #1. Administrator Hedges noted that this was approved in the Capital Improvement Plan. There was $125,000 budgeted for the Fire Department for 1994. Fire Chief Nelson explained that the lrtij;irOVernerits:; i'i posi?:are reroofing; remodeling of the training room, bathrooms and equipment bay; new lockers; a:self-contained breathing apparatus room; and exterior brick work for Fire Station #1. He noted they are fii!etving prol*ms with a leaky roof, the building has virtually no insulation, and it must be upgraded to: meet ACi4 requirements. He feels these improvements will suit their needs through 2010. After discti*sion corning the building exterior, Hunter moved, Awada seconded a motion to ratify a capital expenditure estitritted at $125,000 for improvements to Fire Station #1 to be financed from the Community Investment Fund. Aye: 5 Nay: 0 Wachter asked how the closing of the Cliff Road/T.H. 3 intersection closing will affect fire service. Fire Chief Nelson Indicated they have an emergency access road that:t an be used in case of a fire. They also notified Inver Grove Heights that they may need to assist oue:idepartment during the construction period. Wachter suggested that since the majoh'fy i : caidertis:uivdive trucks, that Eagan should reduce the speed limit for trucks. Mayor Egan stated he doesn't think the::problem is with speed, It is with acceleration and deceleration. Wachter requested that on Thomas Center Drive, the contractor be requested to clean the street. EAGAN CITY COUNCIL MINUTES; AUGUST 16, 1994::::•:.... PAGE 2 (SENT<AGENDA In regard to Item E, Project 656. Aiii* :.Rrep$r' tic5i of preliminary design/layout: Cedarvale occess Improvements, Masin asked for clarificdtic3ii:::;;k-7.hfiE•Works Director Colbert noted that this is to pursue the existing study in greater detail to reduce the impact to Express Donuts and reduce construction costs. Hunter Indicated he is very concerned about this. He is not convinced that the benefit to the area will even approach the cost. He suggested that instead of pursuing this, that staff have a meeting with Express Donuts and come up with a concept that. they would agree with. He also thinks the Cedarvale Merchants Association should develop a bu:i0.0:9;00 s3iav►wir,' :tlsebenefits of improved access to the area. Awada concurred, noting that some of the merclieftt's: xpressed:cittcing the hearing that these improvements won't help them. Wachter indicated this was tried at:2i1other Ioi;at3bn and didn't work. He doesn't support pursuing this. Gary Morgan, of Cedarvale Merchants..Association, stated he feels these costs could be reduced, and the businesses along Beau D Rue Rriv :don't fav r a cul-de-sac as was suggested by one property owner. Hunter stated he feels tle.Ceciiale:.Marts Association needs to come back with quantifiable results before the Council goes:iinylurther..'MayarEgan concurred and noted that the owners of the multiple family housing also objected to the costs. Masin noted that this business isn't in the best shape, and feels that upgrading is needed in addition to the road design. The consensus of the Council was to reject this. Wachter moved, Masin seconded a motion to deny this project. Aye: 5 Nay: 0 In regard to Item L, Final Plat. Vill@§ of Violet Lane. Wachter noted he received a call from Mrs. Lemieux, who indicated she does not object: t4 having the trunk line on her property as long as it doesn't damage the trees. John Lemieux stated they.wctcild:Id<e:to.:come to some agreement on his assessments in exchange for installing the trunk line. He indicated tfrat:Mr.:Johnson did offer a cap on his assessment, but it isn't acceptable to him. A. Personnel Items Item 1. It was recommended to ratify the hiring of Woodrow Kocurek as an Equipment Maintenance Worker and Joseph Voels as the Construction Analyst. Item 2. It was recommended to approve the hiring of Shelly Vasquex as a pre-school instructor. Item 3. It was recommended to approve #ie hititlg :. worker. r as a seasonal equipment maintenance Item 4. 1t was recommended to approve the hirii:of Don pith and Milo Raaum as seasonal park maintenance workers. B. Plumbers Licenses. It was recommended to approve the plumbers license for Bruce Nelson Plumbing & Heating Service Inc. as presented. C. Resolution approving First Supplemental Trust Indenture - Multi -family Housing Revenue Refunding Bonds - Aspenwoods of Eagan. It was recommended t i::iadopt a resolution approving the First Supplemental Trust Indenture for the multi -family housing reWnue refunding bonds for Aspenwoods of Eagan as presented. D. Project 673. Revise Pendina Assessment Roll, T.H. 3/School Road streets and utilities. It was recommended to approve the revised pending assessment rrjiE fOr Project 673. E. Project 656. Authorize preparation of preliminary design/layout: Cedarvale access Improvements. Defeated. EAGAN CITY COUNCIL MINUTES; AUGUST 16, 1994:;:: PAGE 3 F. Project 648. Receive final assessment rollmrder public hearit39:: Woodlands North 3rd Addition. It was recommended to receive the final assessment:fnll for Project 64S:and schedule a public hearing to be held on September 6, 1994. • G. Special Use Permit. Rainbow Foods, to allow the outdoor sale of produce and food under two tents August 26-28 located in the NW 1/4 of Section 15 on Lots 1 and 2, Block 1. Town Center 70 Second Addition. It was recommended to approve the special use permit, subject to the condition that all produce and product will be displayed, stored and sold. within the tent only; and all other applicable City codes. H. Amendment, Eagan City Code Chapter 117. t'te'g'kt<sjni •r66i tpn of turfgrass, meadow and woodland establishment and maintenance. It was recommends d to apprOO:the amendment as presented. 1. Contract 94-12. receive and reject bid for North NT/Oaks Paj c: gradinq It was recommended to receive the bid from Hoffman and MacNamara in tWs030i3tx of..$40, QQ;for Contract 94-12 and reject the bid. J. Contract 94-14, receive bids and award contract for sealcoating trails and parking Tots. It was recommended to receive bids and award a contract to Allied Blacktop Company of Maple Grove for Contract 94-14. K. Resolution, Dakota County Juvenile Cu{ gw Ordinance. It was recommended to approve a resolution supporting a Dakota County juvenile curfew i4matmce as presented. L Final Plat. Villas of Violet Lane, DLJ Assoctes.. ftt:w;JS: recommended to approve the final plat as presented. M. Recommendation. Airport Relations ge. ':cognition of Northwest Airlines Stage III Aircraft Conversion Activities. It was recommendeto approve a resolution recognizing Northwest Airlines Stage III aircraft conversion activities as presented. N. Contract 93-P, Acknowledgement of Project Completion, Wexford 2nd Addition streets and utilities. it was recommended to acknowledge the completion of Contract 93-P and authorize perpetual City maintenance subject to the warranty proyjsions..as.identified. in the Wexford 2nd Addition development contract. O. Contract 93-08, Approve final payment/authorizeppetual citltinaintenance (Woodlands N. 3rd Addition - streets and utilities: Chatterton Ponds - storm seWerw and Att ntic Hills Drive - street and storm sewer improvements. It was recommended to approve the tiff; and fin4t0ayment for Contract 93-08 in the amount of $35,663.59 to Imperial Developers, Inc. and authorize perpetuel:£ity maintenance responsibilities subject to the warranty provisions of the contract documents, and authorize the Mayor and City Clerk to execute all related documents. P. Change Order #1, Cedar Grove and Ken Applebaum Additigls- utility and street reconstruction. It was recommended to approve Change Order #1 to Contract 94-0t::dpd authorize the Mayor and City Clerk to execute all related documents. 0. Contract 94-03. Change Order #2. Blas it7iAk R iW3i3e:c• ss Road street and storm reconstruction. It was recommended to approve Change Order #2 to Contract 94-03 and authorize the Mayor and City Clerk to execute all related documents. R. Special Hunting Permit/Jonathan Yanta, Jim Yanta and Tim Yanta. It was recommended to approve the special hunting permit as presented. EAGAN CITY COUNCIL MINUTES; AUGUST 16, PAGE 4 S. Special Hunting Permit/Timothy John Fikerts. It was recommended to approve the special hunting permit as presented. Wachter moved, Masin seconded a mofiori tii arove the consent agenda. Aye: 5 Nay: 0 NEw:.auSINESS' VARIANCE/DALE & ANN T :E_ YINCENT/BIRCH PARK ADDITION Mayor Egan introduced this item as.a'var '•for.D:and Annette Vincent, of 10' from the minimum setback of 40' from Deerwood Drive, located:on Lot Iii.Alock 6, Birch Park Addition, located in the NW 1/4 of Section 22. City Planner Sturm explained the It t(oil::and .tQqu st:The reason for this request is clue to the severe slope of the property and to save trees.on the pra ie0—.. *He noted he isn't aware of any objections to this variance. Mayor Egan indicated this lot has difficult topography and the applicant is trying to protect the trees on the property. He feels this is a reasonable request. Hunter moved, Wachter seconded a motion to approve the variance for Dale and Annette Vincent. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT: 4OHNSON'S RICHFIELD SOD & BLACKTOP Masin moved, Hunter seconded a motic4lp::ccbNtinue this item to the September 6 City Council meeting. REZONING/PRELIMINARY :P AT/EASTER •LUTHERAN CHURCH Mayor Egan introduced this item Vis: a rezoning for Easter Lutheran Church, of approximately .8 acres from Agricultural to Public Facility located in the NW 1/4 of Section 27, south of Easter Lutheran Church and preliminary plat, consisting of one lot located on the SE corner of Diffley Road and Pilot Knob Road. Administrator Hedges noted that the Advisory Planning Commission held a public hearing on this on July 26, and recommended approval. City Planner Sturm explained the :tocat ci�ati l :pkopt sa He reviewed the history of this property, and noted there was very little discussion by the Planning Commission, and they recommended approval. He added that there will be a right in/right out onto Rjlci# Knob Fitted, and the county has indicated they will grant approval of this access If the City approves this:::: Larry Frank, a member of the church, explained their plans for tree replacement, and urged Council approval. Mayor Egan asked whether this is adequate to meet the long-term needs of the church. Pastor James Borgschatz indicated this is an interim measure. After .Some discussion, Hunter moved, Wachter seconded a motion to approve the rezoning. Aye: 5 Nay: Cii*nter moved, Awada seconded a motion to approve the preliminary plat, subject to the following condifkiris: 1. The developer shall comply with star td eoiidi€ioflrs�nfiplat approval Al, B1, B3, C1, C2, C4, El, F1, G1, and H1, as adopted by the Council on IFebruary.2, 1993. 2. A cash trails dedication. 3. A cash dedication to satisfy water quality requirements. EAGAN CITY•COUNCIL MINUTES; AUGUST 16, 1994 PAGE 5 4. Tree preservation as submitted which woulekTequire the developer to transplant ten existing non- significant trees (5 ash and 5 spruce) and tq#txchase and plarlt.ine additional Category 9 tree as mitigation for tree loss. 5. The developer will be required to abandon the existing sewer and water service in accordance with City standards. 6. Access to the site from Pilot Knob Road as indicated on the site be approved. 7. The entrance to the new parking lot off Pibt'•i ibb.: Aye: 5 Nay: 0 I �iktclude a concrete apron. REZONING/PRELIMINARY PLAT) VAT.Wi SS(E3 }:OAKS ADDITION Mayor Egan introduced this item as a rezoning for Brad Stricker, of 2.5 acres from Agricultural to R-1 Single Family and a preliminary plat consisting of 3 single family lots located in the NE 1/4 of Section 14, north of Sunwood Trail and variances to the minimum lot width and cul-de-sac diameter. Administrator Hedges noted that the Advisory Planning Commission held a public hearing on this on July 26, and recommended approval. City Planner Sturm explained the location, 'proposai:;ar d variances needed. Awada moved, Masin seconded a motion to approve the rezoning. Aye: 5 Nay:.0::Wa liter. moved, Hunter seconded a motion to approve the plat, including a variance of 20' to the minimum lot width:at-public right-of-way for Lots 1 and 2, subject to the following conditions: 1. The developer shall comply with standard.:arortditlons of plat approval Al, B1, B2, B3, C1, C2, C3, D1, El, F1, G1, and H1, as adopted by Council action on February 2, 1993. 2. A cash dedication shall be made to satisfy parks, trails and water quality requirements. 3. Separate Tree Preservation Plans shall be.subrt?itted..With building permit requests for each lot. 4. The proposed cul-de-sac shall be constructed to the 'Clfy:sterid rd radius of 45 feet to the face of curb and 55 feet to the right-of-way line. 5. The vacation of right-of-way of Birch Street from t west en;:of the cul-de-sac to the west edge of the site shall be complete prior to final plat approval. Aye: 5 Nay: 0 PRELIMINARY PLAT/CONDITIONAL USE PERMIT/YANKEE PLAZA/M G ASTLEFORD Mayor Egan introduced this item as a preliminary plat for Yaiikee Plaza - M G Astleford, consisting of one lot and one outlot on 4.6 acres located on .Q dr: :A.pf.:J�asmwt.ssen:College Campus and a Conditional Use Permit to allow a daycare in a Limited Busit e85:rsstr t::in:i?ie $E 1 /4 of Section 16 on the east side of Federal Drive. Administrator Hedges noted that the Advisory Planning Commission held a public hearing on this on July 26, and they recommended approval. City Planner Sturm explained the location and proposal. He noted there was discussion by the Planning Commission as to how the rest of the property will develop. It is in the area of the city's proposed • • • • • EAGAN CITY COUNCIL MINUTES; AUGUST 16, 1994::::•:•• PAGE 6 ..•...• ring road concept, so it was reviewed by tbe::city's engineering.:ponsultant and it was determined that it shouldn't affect it The Planning Commissioned one of the Oiii0ditions to allow the trash/recycling area to be contained outside of the building, but att4*41,140ii'id, provided it is constructed with the same building materials, and added a condition that the:i'e0r04:•Ofthe conditional use permit be concurrent with the recording of the final plat. Jan Blumental, architect for the project, urged Council approval. Awada moved, Hunter seconded a motion to approve the preliminary plat, subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval Al, Bl, B2, B3, Cl, C2, C4, D1, El, Fl, Gl, and H1, as adoptedArkdOOW!gcRK9p.february 2, 1993. 2. A cash dedication to satisfy parks, trails, an water qutyrequirements. 3. The developer shall provide the City a conceptual devp1Oprnent layout for the proposed Outlot A. 4. The Landscape Plan shall be moditiiid'id. incIddii.:iri:iii:iderground irrigation system to serve all landscaped and green areas. 5. Trash/recycling containers shall be allowed outside of the building, provided that it is attached to the building, and constructed of similar building materials. .•.•.•.•.. 6. Rooftop mechanical equipment sh0111:40::Acreened from view on all sides. 7. The developer shall be responsible for extendirt.4rO8r':sanitary sewer to the north along the east right-of-way line of Federal Drive to the e*iOng Er sAniwt-sewer and the line shall maintain at least a 10 -foot clearance from the existing w00r.rhfliniOrigs.federal Drive. 8. The conditional use permit shall bre:corded concurrent with the recording of the final plat. Aye: 5 Nay: 0 0 Wachter moved, Hunter seconded a motion to approve the conditional use permit. Aye: 5 Nay: REVIEW MASTER PLAN LAVolit/SOl.ItN:.b07 ROAD/CAROL STREET •:.:.:.: Mayor Egan introduced this item as a review of mastOp....plan layout for South Dodd Road/Carol Street. Administrator Hedges noted that at the lasteeting,*Oublic hearing was held to consider the vacation of Carol Street from Dodd Road to T.H. 3. The CityZ-Ouncil denied this vacation, which was a condition of the final plat approval for the Waterview Addition. The Council directed that Carol Street be designed as a signalized 4 -way intersection with T.H. 3, and that a master plan be developed for that area. A neighborhood meeting was held yesterday, and several proposals were presented. Public Works Director Colbert explained the locati*:And history of Waterview Addition and development of the area. A decision needs to be made as to Vifieiher Carol Street should be vacated, how the area should develop if the previous rflo6:17.ef:PIP:..jP:PP:IMg.q:4Pplicable, and what impact it will have on the Waterview Addition development. Hef0100.0;190'...00.0.011*. presented at the neighborhood meeting, as well as two additional alternates that carne as a result of that. meeting. He noted that Alternates 1, 2, 4 and 5 would require a reptat of Waterview Addition. The de**iper favors Alternate 3, however, It would create double frontage lots. It would be more expensive because 100% of the street construction costs would have to be paid for by someone other than those in the Waterview Addition, because they could not prove benefit to rear lots. There would be no direct connection from Dodd Road to Highway 3 until EAGAN CITY COUNCIL MINUTES; AUGUST 16, PAGE? sometime In the future, depending on how fast _;he area develops,.:At the neighborhood meeting, there was a group that favored Alternate 3, and a grou{tti t.favored Alter'xit►'te 5, which provided a direct connection from Dodd Road to Highway 3. Alternate 4 co4i1d.b.:oorid$Stt also. If Alternate 3 is adopted, it would allow the Waterview Addition plat to proceed, ai tt::i €ij4i::cduld be installed. Under any of the other alternatives, Waterview Addition would have to be replatted, and the utility contract would have to be rejected and rebid. Councilmember Hunter noted that in the. minutes, it was noted that Arcon Development feels they can go ahead with their preliminary plat with i snctf: i#t# igff cgis;.:2ctnd asked what those modifications area. Public Works Director Colbert noted that the•pti'aiitieipared' the"ration of Carol Street from Dodd Road to T.H. 3. One of the property owners objected to tfst, wantirig.tb leave the vacation to a later date to maintain maximum flexibility for future development options. The :developer said they could move the lot line for one of the lots, so the vacated half right-of-w.ay't& not ne gcf, and would create a buildable lot west of Waterview Trail. If the vacation is done atite1.0. 00 + - tte:lalf:rlg[1t-of-way could be added to the adjacent lot. The rest of Carol Street from Waterview Arai to the .F#lgtviiay 3 connection could be vacated now. Mayor Egan asked about the justification for a signal at Highway 3, noting that MnDOT seems to have substantially changed their position since the last meeting. Public Works Director Colbert noted that MnDOT has indicated that the technical warrants for signalization on T.H. 3 does not change whether it is a 3 -way Intersection or a 4 -way Intersection.:•..However, they still feel that a 4 -way Intersection is easier to justify signalization. They don't normally s0000signalization of a 3 -way intersection; however, because of the school traffic, and the potential liability, they:dpn't.ieel.comfortable not approving it. They could more strongly support a 4 -way intersection. Mayor Egan asked whether approval of Aitematiye:3 a!ii+i i ilcf require a modification of the City's Traffic System Plan. City Planner Sturm noted that:thea harige isn't major enough to justify an amendment to the traffic plan, but it should be documented *IiV:it*.fS being done. Records can be put in the parcel files. Public Works Director Colbert added that since there are only two property owners involved, if they sell this property to a developer, they should make that information available, but if they don't, a public record has been established. Hunter asked whether under Alternativ9.,3,: they.would.want to install the apron on the west side of the School Road intersection at the same:Pul WWoi'ks Director Colbert noted that with the improvement of Highway 3, there will be no curbing improvett'ie'ntS, so the intersection would be designed as a 4 -way intersection, with a barricade. The Neisi!# :':may wa>g:to relocate their present access at Hall Street to the signalized intersection. Wachter stated he favors a 4 -way intersection, but in ise there is no connection, he feels there should be a pedestrian crossing button there. Public Works Director Colbert indicated he will request one; although, he doesn't think It will be used much in the immediate future. Awada concurred that a 4 -way Intersection Is Important. Masin asked whether any of these alternatives creates Aarger financial burden to the city than the others. Public Works Director Colbert indicated that typically 1oc81 improvements are 100% assessable to the respective development or adjacent prtspelty_:::*#Qr!hcever•;..Atternative 3 will not be able to sustain an assessment against the double fronted 1o1s:6:tkiEr:1*i .i0Si: clition and will have to be assumed by the unplatted property to the south or picked up by the City. Alternative 5 would be 100% assessable. • Jerry Meszaros noted he objects to the vacation of Carrs)::Street from Dodd Road to Waterview Trail because he may sell Outlot B and would like his options to remain open. Mayor Egan noted that Mr. Neisius would have to develop any north -south connection to Carol Street further east on his property than what is shown, and it would be up to him if it is opt.on the Meszaros..property. Public Works Director Colbert noted that the proposed subdivision of those:.twp lots taking cess off of Carol Street would not be in conformance with the master plan that was appiov 4:wh rt tNii J reliminary plat for Waterview Addition was approved. A stubbed street was approved, and i2ie: sa terr'iporary cul-de-sac being constructed which Is not a standard cul-de-sac. According to Mr. Meszaros' layout, it would use the proposed future half right- of-way, which would preclude the southerly extension of Waterview Trail, and the temporary cul-de-sac would have to become permanent, and it may change some configurations of the master plan that was approved with the preliminary plat. He suggested. that the temporary cul-de-sac could be eliminated if Carol Street were built from Dodd Road to Water? i T:r iit.:: t1t 3s;iinidicated he is trying to sell it to a family that doesn't plan to develop the property for' giifte*'spii e'tiitie *:# e: does not intend to use Carol Street to develop the two lots. He just wants that option kept:iipen. Pti010 Works Director Colbert noted that Mr. Meszaros won't own this property forever. The City. is trying to.deyelop a master plan as to how the area will develop In order to protect all property owners: r:a aximize:the use of their land. Wachter noted that Alternative 5 wf'protect Mr:frkeszaros' interest. He feels access is needed to Dodd Road in the near future with the proposed closure of Farm Road. Alternative 5 would not provide that connection until much later. Traffic is going to increase on Dodd Road no matter what. Hunter noted that an Alternative 6 could be developed, which is basically Alternatives 1 and 2 south of Carol Street, combined with the proposed: Waterview Plat as depicted in Alternative 3. Awada noted that would create double frontage lots. Huntet: as1*. Wl?ether that scenario would create substandard lots. Public Works Director Colbert noted that if that porti4iif.parol. Street were not vacated, the developer could still make those lots work by shifting lotlines;.. Hunter: nothif that this scenario wouldn't rely on the development to the south, it would create a 4 way intersection;: and there is a connection to Arcon's Development. The only issue with this scenario isfh.e.caeati n of double fronted lots. Public Works Director Colbert added that the method of financing:w04 a sia be an issue due to the unassessable double fronted lots. Mayor Egan stated he feels it would iritpeet the integrity of the entire area. He is also concerned about the financing. Hunter asked why the developer doesn't favor Alternative 5. Scott Johnson, of Arcon Development, stated he doesn't favor a connection to Dodd Road because it invites traffic through the development and devalues the lots. He feels Alternate 3 is the.best.Compromisa,:because it distributes the traffic and reduces speeds. It also allows the utilities to be dclstalletl .;at fitilr:" at:'tci go forward. Nancy Gustafson, 4822 Dodd Road, indicated she favcit :Alternative 3, and nearly all of the Dodd Road residents also favor Altemative 3. She is oppo f to the.:0. rol Street connection from Highway 3 to Dodd Road. Mike Neisius indicated he hopes the sii*et conrQttion is a long time away. John Remkus, 4880 Dodd Road spoke in favor of Alternate 5. Larry Frank, of Afton Development, stated he doesn't favor a direct connection between Dodd Road and Highway 3. He suggested not vacating Carol Street, but not building It at this time. Wachter reiterated the necessity for having an access to Highway 3 and the school. Jim Thompson, 4875 Dodd Road, questioned the placement of the utilities and assessments under Alternative 6. Public Works Director Colbert noted that ff;:ernative 6 is approved, the city would recommend that Card Street be constructed because he feeirt is important for the property owners to know there is a street there. He explained:tt 1tot;prt.fc�s: of utilities under this alternative. Doug Johnson stated he doesn't favor more traf :i t.Qpdd Qaii '•arlene Neisius indicated she doesn't favor Alternative 6. Hunter proposed Alternative 6, which is basically Alterriafie 3, but retaining the right-of-way for Carol Street between Highway 3 and Waterview Trail. That would keep the city's options open to build Carol Street. Mayor Egan asked whether the developer would be able to adjust their lot lines to acconnmodate PAGE 9 that. Scott Johnson indicated it would just ba minor adjustment.. Egan and Awada indicated their support for this alternative. Egan stated he doesn't feV x. a direct conn tic n between Highway 3 and Dodd Road. He doesn't support Alternative 5. Masin indicafro.g:supporfs a.combination of Alternatives 1 and 3. After some discussion, Public Works Director Colbertiii00040itititouncil approve the concepts of Alternates 3 and 6, to be later decided depending upon future development. Hunter moved, Awada seconded a motion to approve Alternatives 3 or 6, to be determined at a later date with development. Mayor Egan noted that the street connection to Highway 3 won't be put in until the area develops. Aye: 5 Nay: 0 Egan moved, Masin seconded a motion to eliminate the condition of the Waterview Addition plat that requires the vacation of Carol Street. Aye: 5 Nay: 0 RECEIVE BIDS/AWARD CONTRACT; DITION-TRUNK UTILITIES Wachter moved, Awada seconded a motiors:>€ci:.receive:#f* bids for Contract 94-11 and award the contract to Brown & Cris in the amount of $492,567$O;::and.aLfff7Qfize the Mayor and City clerk to execute all related documents. Public Works Directcif:ibiert notecl.i#iat $25,000 will be funded by the City's Trunk Funds. Aye: 5 Nay: 0 PROJECT 669, AUTHORIZE PREPARATION OF ENVIRONMENTAL STUDIES AND PRELIMINARY DESIGN/LAYOUT Mayor Egan introduced this item asPtpject 669, authorize preparation of environmental studies and preliminary design/layout for 35E interchanges/' verpasses. Public Works Director Colbert noted that:if staff 1s i0 proceed with working with the developers of the downtown and O'Neil property, they need to:procee¢.k.v.1 :the: concept of the ring road proposal, and because it involves a new interchange with the cion � od:#7rive'overpass, a new northbound access ramp from Yankee Doodle Road, and another ovEfpe 0f:35t farther to the north, there are several processes such as transportation plan amendments;::: nvironmental studies, analyses, detailed designs, feasibility reports, and financing plans that need to be put together in order to proceed. He reviewed the time table for this project. After some discussion concerning the project path and the various requirements, Awada moved, Hunter seconded a motion to approve the expenditure of funds for a feasibility report to include an environmental inventory, preliminary design/layout, and funding staging plan for the I -35E interchanges and overpasses for Project #669. Aye: 5 Nay :::0 ::::.:.:::.:::: i1 DM1NCSTRA tVE AGENDA DAKOTA COUNTY HRA FAMILY HQ5JSING P.$3TNERSHIP PROGRAM Administrator Hedges noted that this request came frosii:the Dakota County HRA for the Council to give consideration to four locations for the construction of a 33 -unit townhouse development on approximately 5-6 acres of land. They are requesting that the Council indicate whether or not they support each of these four locations. Councilmember Masin noted that the Council earlier gave direction that they felt that certain areas not be considered for this type of development, and three of those locations are listed here. Awada suggested that when this response to them is:#tytmulated, that it be made clear that the Council is not very happy about their course of action. Hunter moved, Wachter seconded a motion that the Council gives no support to locations 1, 2: )d.. :a. . I..af:tta :Qouncil supports location 6. Aye: 5 Nay: 0 HOLZ FARM Mayor Egan noted that the Council gave their consensus on this item at the special workshop. APPOINTMENT pIY.HIGH SCHOOL::SITE SELECTION TASK FORCE Administrator Hedges noted thiett rict::} is oposing a fourth high school, and they are asking that the city appoint a representative to seKve vfs:te High School Site Selection Task Force. He noted that the Advisory Parks, Recreation & Natural Resources Committee is interested in having a representative from their commission on this board. Mayor Egan stated he feels a Council member should serve on this task force. He wouldn't be opposed to having a APRNRC member in addition to a Council member. Awada moved, Masin seconded a motion to appoint Councilmember Hunter as a representative to the High School Site Selection Task Force. Aye:5 Ni y�.:: ::::: ::::: PROJECT 675, RECEIVE PE iiitiON/OftQ] I PUBLIC FEASIBIUTY REPORT AND DETAILED PLANS/RED,OAKS AQR.ITION STREETS AND UTIUTIES Awada moved, Masin sectraded:.a m000.0:}a r give a petition and order a public feasibility report and detailed plans for Project 675; Reef Oaks Add#ftiri streets and utilities. Aye: 5 Nay: 0 PERSONNEL ITEM Administrator Hedges noted there is item of business relating to a personnel matter. Hunter noted that there was a request for addititnal:information on this. Administrator Hedges noted that a response was received, however, the City Attorney doosri't feel it has any bearing on the city's decision. Awacla moved, Hunter seconded a motion to approve ttie;:tesolt#ion dismissing a city employee. Aye: 5 Nay: 0 Wachter noted he received:::ofrtiilaffitfrom someone who lives on a cul-de-sac street where there are 15 homes, and 11 garbage ltiit ks serving the cul-de-sac. After some discussion, Wachter moved, Hunter seconded a motion to refer this matter to the Solid Waste Advisory Commission. Administrator Hedges noted that the meeting with John Ruggieri scheduled for 9:00 a.m. on Friday must be rescheduled. He will get back to Councilmernbers Awada and Hunter on this. Masin stated she feels the:: p of:tba poii Art Park went very well. She also noted that she distributed information from the Dakota League of Governments, and if anyone has any suggestions for the intern, they should let her know. 'CHECK REGISTER Wachter moved, Egan seconded a motion to approve the checklist dated August 12, 1994, in the amount of $4,615,520.55. Aye: 5 Nay: 0 ADJOURNMENT Wachter moved, Egan seconded a motion inniadjoum the meeting at 9:47 p.m. and resume the special Council workshop to disq,rss:Th* CiS40:** a:;xroject. Aye: 5 Nay: 0 Date City Clerk ALTERNATIVE ONE p. q •Me. ALTERNATIVE FOUR 8i1 •94 ALTERNATIVE FIVE 8.16 94 ALTERNATIVE SIX __ bei7•14 1_G220 (new. Al2J413) Minnesota Lamfnl Gambling Application for Authorization for Exemption from Lawful Gambling License tall in Nle unshaded portions of this application for exemption and send if in al least 45 days before your gambling activity for processing. Ndnte and Address of C rgartlzation Organlrallon Name [)Jt 1(5 U, ((MITER - EAUAti (NA 7-t. Street City (1o70 &vt,(SERRy I -ANE EAG/li✓ Chief Fxoculfve (xfknrC)aytlmn rhrnw Nnrrtw ( b r OA) / NE3s (( fZ) eJ5(i— c)8 Type of Nort-profit Organizatiorii 4,- i Cunnrdtnovkms Iknnsn number NONE_ Slate 7 , cod rt 1A/ . S / 2_ _3 Treasurer ` n8 CI -Arc JAcoay Check the box below which indicates your type of organization I—I U Fraternal Vetmmtas U Religious [m other non profit Uambliriig Site flame of site whore acfivily will lakesplace mer I\ oYAL Cilrr /3/1/1/0./Er nit Utrr y strnnt city ownshtp 7_28o Cu Fr /%4D r,*#,f-o— Datnts) of activity (tor rallies, Indlcato the dale of Ilia drawing) -4p _ 7- Z1 - 9'J Types of Games Game(e) Gross tiecelpts FOD BOARD USE ONLY FEE CI IK_ ITJIT DATE Ctrrent.rrnvInus nxnrrrt nunut,m Conpty UA V_c r J� nay -ikon r'tirne flnnber (,/Z) 733-25 33 Cheek the box that Indicates your proof of nonprofit Rtatun and Attach a copy of the proof to the Application. U IRS designation [ Certification of good standing from the Minnosota Secrotnry of State's office m Affiliate of parent nonprofit orpenization (charter) State MN Financial Report Expenses, Including Cost of Prizes Zip aldo County � 5 / Z 2_ Nicc)14 Net Profit Market Value of Prizes (Including Donellone and cash) Ringo Raffles Paddlewheels Li T ipboatds Ll Puff tabs [J I declare all information submitted to the Gambling Control Board is true, accurate, and complete. l')Isirbutor from whore gambling equipment was purchased t)Iclrulor'SkT .arise rrurnher I declare all financial Information submitted to the Glutting Control Board Is true, accurate, arid complete. Chlor FXPcuIIVH Ottcsr's Slgnaluis Date Chief Executive Officer's Signature Dale Local Unit of Government Acknowledgment 1 have teccIvod a copy of this application. This application will be reviewed by the Gamblirig Control Board and will become effective 30 days from the dale of receipt by the city or county, unless the local unit of (worriment passes a resolution In rcedtkaty prohibit the activity. A copy of that resolution nuts! bn rocolvnd by the Gambling Control Board within 30 days of the dale tilled In below. Cities of Ile first Bass have 60 days In which to disallow the activity. Chy or county Township Town Ship is [ organized city nl county nankin _... -- township name C. 1 ti_--�� Signature of person receiving application C_ I titin Onto roc von `f i/f /-rt /15-C s ! This form will he rnade available in alternative format (i.e. large print, braille) upon request. Sl(7nalrnrn of poison receiving application 1 Ain Mail witt $25 permit fee and copy of proof of nonprofit status to: Gambling Control Board 1711 W. County Rd. B, Ste. 300 S. Roseville, MN 55113 f)ane nnrelved [J unorganized' F_ l unincorporated' • Aline!) letter White - Original Yellow - Board returns to Organization to complete shaded areas THE "MORNING AFTER" September 6, 1994 "The Morning After" is an extremely brief report of the action that was taken by the Eagan City Council at a regular meeting held on September 6, 1994. There are no details reported in this account; however, the action taken by the City Council on each of the agenda items and each of the other business items is reflected. 41,4?1. Staff was directed to review the massage ordinance to address certain issues raised by Life Time Fitness. DEPARTMENT HEAD BUSINESS 2. Fire Chief Nelson recognized the efforts of Cathy Sportelli and Judy Fox in coordinating an alcohol driving safety program for Eagan High School this past spring. CONSENT AGENDA 3. The resignation of Jill Eberlein, Clerical Technician III in the Engineering Department, was accepted. 4. The resignation of Donna Rollins, Sign Inspector in the Community Development Department, was accepted. 5. The hiring of Michael Lence as a building inspector was approved. 6. The hiring of Debra Isaacson, Jon Cunningham and Vincent Laschiavo as seasonal park maintenance workers was approved. 7. The plumbers' licenses for EconoPlumb, Inc. and Village Plumbing were approved. 8. A resolution amending the comprehensive guide plan (Connelly/Soderholm Proposal) for the northwest corner of Lexington Avenue and Diffley Road from D-1 (single family residential) to NB (neighborhood business) was approved. 9. A resolution amending the comprehensive guide plan for Elementary School #18 from D-1 (single family residential) to NB (neighborhood business) was approved. 10. The final plat for Town Centre 70 - 17th Addition was approved. 11. The final plat for St. Charles Wood Addition was approved. 12. The preliminary plat for Gardenwood Ponds of Eagan was reapproved 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. 13. The final plat for Crestwood Addition was approved. 7n 14. The final plat for Country Hollow 3rd Addition was approved. 15. The revised management information for the liquor license day Inn located at 2700 Pilot Knob Road for Richard Rubesch was approved 16. The advertisement for quotations for a new street sweeper to replace Unit #138 was authorized. 17. Staff was authorized to proceed with the acquisition of the land for the future Deerwood Reservoir. 18. The petition was received and preparationof feasibility report for Project 676, Duckwood Estates (Streetlights) authorized. 19. The plans for Contract 94-15 (Timberline Sanitary Sewer Rehabilitation) were approved and an advertisement for a bid opening to be held at 10:30 a.m. on Friday, September 16 was authorized. 20. The bids for Contract 94-02 (Violet Lane and Yankee received and the contract was awarded to Northdale omitting the St. Francis Woods storm sewer segment award, and the Mayor and City Clerk were authorized to documents Doodle Road) were Construction Inc., from the contract execute all rel ated 21. The bids for Contract 94-13 were received and the contract was awarded to Imperial Developers in the total base bid of $618,622.90 (including Alternate 1). 22. Change Order #2 to Contract 94-06 (Wilderness Run 1-4 Additions, Street Reconstruction) was approved and the Mayor and City Clerk were authorized to execute all related documents. 23. Completion Utilities) subject to of Contract 92 -FF (Burr Oak Hills 3rd Addition Streets & was acknowledged and perpetual City maintenance was authorized related warranty provisions. 24. Completion of Contract 93-0 (Four Oaks Estates acknowledged and perpetual City maintenance was authorized) subject wto appropriate warranty provisions. 25. Completion of Contract 90-J (Summer Place 2nd Addition Utilities) - was acknowledged and Streets & ubject to a g perpetual City maintenance was authorized appropriate warranty provisions. 26. Completion of Contract 93-A (River Bluff Townhomes - Utilities) was acknowledged and perpetual City maintenance was authorized subject to appropriate warranty provisions. 27. Change Order #3 for Contract 93-16, for a change of $3,141.60 increasing the revised contract amount to $805,352.01 was approved. 28. The resolution requesting/outlining Eagan's participation in enhanced 9-1- 1 funding was approved. 29. The final planned development agreement for the Mann Theater was approved. 30. The bid for the Fire Department's heavy duty rescue vehicle was awarded to SVI. 31. The bids for the security systems, dumb waiter and lockers and benches were accepted; the bid for the lockers and benches was rejected; the bid for the dumb waiter was awarded to Schindler Elevator Corp.; and the bid for the security systems was awarded to Mid -Co Security Systems. ____ 32. A resolution for an exemption from the lawfulamblin for the Eagan chapter of Ducks Unlimited was approved. license requirement pproved. _172, 33. The feasibility report for Project 675 (Red Oaks Addition - Streets & Utilities) was received and a public hearing was scheduled to be held on October 4, 1994. Plans and specs for City Contract 94-16 (Red Oaks Addition - Streets & Utilities and St. Francis Woods - Storm Sewer) were approved, advertisement for bids was authorized and a bid opening was A �,scheduled for September 30, 1994 at 10:30 a.m. �c- 77."' 38. The public hearing for Project 648 (Woodlands N. 3rd Addition - Streets Utilities) was continued until the October 18, 1994 City Council meeting. OLD BUSINESS 34. A resolution of the City of Eagan adopting stipulation of settlement was approved. PUBLIC HEARINGS 35. The public hearing was closed and that portion of Mendota Road adjacent to Lots 6 and 7 of the Robert O'Neil homestead was vacated and its certification to Dakota County was authorized. 36. The public hearing was continued for vacation of the Mendota Road right- of-way ht- of-way adjacent to Lots 7 and 8 of the Robert O'Neil homestead until October 4, 1994 City Council meeting. 37. The public hearing was closed and the vacation of Blackhawk Road with the description modified to reduce the vacation from 59' to 49' was approved and its recording at Dakota County was authorized. 39. The certification of the proposed 1995 budget levy was authorized; the truth -in -taxation hearing wase set for December1995 roertyt7,{ the continuation hearing for December 14 and the subsequent hearing for December 19; and the date of the first regular meeting in December was changed from Tuesday, December 6, to Wednesday, December 7. "V/4"4e4 0. A brief summary of the City Council's special worksession regarding the Eagan Civic Arena was presented; plans and specs with specific direction relative to a base bid and alternates was approved; direction was given regarding base bid, alternatives and an understanding that the City Council will determine how the project will be financed should the bids 4(41,- 41. Ted Wachter was appointed to represent the City of Eagan on the Board of Directors of the Dakota County Economic Development Partnership with Sandy Masin as an alternate. exceed the budget; and a declaration was provided that the civic arena fundraising verification was completed at the direction of the City Council. NEW BUSINESS 42. A conditional use permit for R.J. Ryan Construction to allow a truck and freight terminal in a limited industrial district in Lots 9, 10 and 11, Block 2, Eagandale Center Industrial Park No. 2 located along the west side of Lone Oak Circle, north of Lone Oak Road in the southwest quarter of Section 2 was approved. 43. An amendment to the preliminary planned development Phase II for West Publishing to allow 450,000 square feet of office space in lieu of the approved but undeveloped 740,000 square foot manufacturing and warehouse building, in the northeastern portion of the West Publishing campus, north of Wescott Road, south of Yankee Doodle Road and west of State Highway 149 in Section 13 was approved; and a final development plan for Phase II, Part A, consisting of a 318,000 square foot expansion to the existing six story building was approved. 44. The conditional use permit for National Propane Company to allow outdoor storage of a propane dispenser on Lot 1, Block 1, Superamerica Addition was approved. 45. The final plat for Cliff Lake Townhomes was approved. 46. An interim ordinance establishing a moratorium on development in the southeast industrial area pending completion of the comprehensive plan evaluation was directed for preparation. 47. A Special City Council meeting was scheduled for September 27, 1994 at 5:00 p.m. 48. All bills were approved and ordered paid.